ordinary meeting of council · 8/27/2012  · council on 23 april 2012 reso lved to extend the...

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BUSINESS PAPER ORDINARY MEETING OF COUNCIL To be held at 6.00 pm on Monday 27 August 2012 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 (Open and Closed Sessions) Ordinary Council Meeting 13 August 2012 7 Public Access Forum 8 Lord Mayoral Minute 9 Notice of Motion 10 Call of the Agenda 11 Agenda Items Lord Mayor – Councillor Gordon Bradbery OAM (Chair) Deputy Lord Mayor – Councillor David Brown Councillor Michelle Blicavs Councillor Leigh Colacino Councillor Chris Connor 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: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Monday 27 August 2012

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 (Open and

Closed Sessions) Ordinary Council Meeting 13 August 2012

7 Public Access Forum 8 Lord Mayoral Minute 9 Notice of Motion 10 Call of the Agenda 11 Agenda Items

Lord Mayor – Councillor Gordon Bradbery OAM (Chair)

Deputy Lord Mayor – Councillor David Brown Councillor Michelle Blicavs Councillor Leigh Colacino Councillor Chris Connor 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 August 2012

INDEX PAGE NO.

ITEM A Notice of Motion Councillor Merrin - Independent Scientific Testing for Health and Environmental Impacts - Development Activities - 159, 161, 165 and 169 Walker Street, Helensburgh (CM181/12) ..........................1

ITEM 1 Review of Public Swimming Pool Season (CM182/12)..........................................2

ITEM 2 Draft Council Policy - CCTV Program - Code of Practice (CM183/12)...................9

ITEM 3 Update of Customer Service Policy (CM184/12)..................................................12

ITEM 4 Waterfall General (Garrawarra) Cemetery (CM185/12) .......................................14

ITEM 5 Wollongong City Catchment Flood Study - Public Exhibition of Draft Study (CM186/12)................................................................................................24

ITEM 6 T12-05 Tender for the Review of Hewitts Creek Flood Study (CM187/12) ..........................................................................................................26

ITEM 7 T11-28 Tender for the Review of Towradgi Creek Flood Study (CM188/12) ..........................................................................................................30

ITEM 8 T11-24 Tender Security Guards, Patrols and Monitoring for Wollongong City Council (CM189/12) ..................................................................34

ITEM 9 Proposed Lease of 255 Keira Street to Wollongong Contemporary Art Space Inc (CM190/12)....................................................................................37

ITEM 10 Wollongong Section 94A Development Contributions Plan - 2012 Update (CM191/12) .............................................................................................41

ITEM 11 Proposed Compulsory Acquisition of Splay Corner at Lot 1 DP 153250 No 3 West Dapto Road, Kembla Grange (CM192/12) ..........................................................................................................46

ITEM 12 Proposed new lease of Airspace for Balcony Structure Fronting 12 Daisy Street, Lot 2 DP 506422, Fairy Meadow (CM193/12) ................................49

ITEM 13 Wollongong Night at Parliament House - 6 September 2012 (CM194/12) ..........................................................................................................52

ITEM 14 June 2012 Quarterly Review Statement (CM195/12)...........................................54

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Ordinary Meeting of Council 27 August 2012

PAGE NO. ITEM 15 July 2012 Financials (CM196/12).........................................................................57

ITEM 16 Statement of Investments - July 2012 (CM197/12) ..............................................62

ITEM 17 Minutes of the City of Wollongong Traffic Committee Meeting held 8 August 2012 (CM198/12) ..................................................................................64

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Ordinary Meeting of Council 27 August 2012 1

REF: CM181/12 File: RG-914.05.001

ITEM A

NOTICE OF MOTION - COUNCILLOR MERRIN - INDEPENDENT SCIENTIFIC TESTING FOR HEALTH AND ENVIRONMENTAL IMPACTS - DEVELOPMENT ACTIVITIES - 159, 161, 165 AND 169 WALKER STREET, HELENSBURGH

Councillor Merrin has submitted the following Notice of Motion – “I formally move that Council undertake, as a matter of urgency, independent scientific testing for health and environmental impacts of all development activities at the ‘Blackwell’s site’, Helensburgh; that is, at all properties at numbers 159, 161, 165 and 169 Walker Street, also known as Lot 1 DP112876 and Lot 16 DP255197.”

Background provided by Councillor Merrin:

Council has a duty of care to protect the health and well-being of Wollongong residents and our natural environment, partly through the imposition of consent conditions to approved developments.

Council has decided, at the meeting of 13 August 2012, to recommence its enforcement action for non-compliant activities at various lots known as the ‘Blackwell’s site’ in Helensburgh. This decision comes after Council’s and the State Government’s long-running recognition of the existence of non-compliant industrial, building and recreational activities at the site. Because these activities have taken place, and continue to take place, without the appropriate zonings, approvals and consents, there have been no conditions imposed on the activities to protect the health of local residents or the health of the environment.

There has been no oversight or assessment of the health impacts of the activities of traffic, noise, dust, or other potential risks to public health in the area, nor has there been an assessment of the impacts on biodiversity, soils, waterways, catchments and fire regimes.

Therefore, in the absence of the normal health and environmental protections associated with approved developments, it is now necessary to carry out rigorous and independent scientific assessments over appropriate time periods, in order to ascertain the past and present impacts. Council can then take appropriate actions to prevent any future impacts.

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REF: CM182/12 File: IW-195.008

ITEM 1 REVIEW OF PUBLIC SWIMMING POOL SEASON

Council on 23 April 2012 resolved to extend the swimming season at Port Kembla andThirroul Pools through to 31 May 2012 and sought a subsequent report on communitydemand for the extended swimming season at those pools as well as the historicseasonal swimming patterns. Council’s resolution also required the report to makerecommendations on the most appropriate seasonal opening and closing dates andtimes, based on water and climate temperature patterns and the cost implications forthe 2012-13 Budget.

This report provides the findings of the trial and recommendations for seasonal openingand closing dates and times, in addition to the outcomes of a trialled one hour extensionat the Continental Pool.

Recommendation

The swimming pool season for all pools be amended as follows:

1 Port Kembla and Thirroul ocean pools –

a Commence summer operations from the first Saturday in October (6 October 2012) and conclude summer operations on 24 April annually,

b Operate in autumn from 26 April to 31 May from 6 am to 1 pm annually.

2 Helensburgh, Western Suburbs and chlorinated Berkeley Pools commence summer operations from the first Saturday in October (6 October 2012) and conclude summer operations on 24 April annually.

3 The Continental Baths –

a Commence summer operations from the first Saturday in October (6 October 2012) and conclude summer operations on 24 April annually.

b Operate year-round in autumn, from 25 April to 31 May from 6 am to 2 pm, and in winter, from 1 June to the first Friday in October from 6 am to1 pm.

4 Corrimal and Dapto heated pools –

a Commence summer operations from the first Saturday in October (6 October 2012) and conclude summer operations on 24 April annually.

b Commence winter operations on 26 April and conclude on the first Friday in October annually.

5 All pools close on Christmas Day.

6 All pools close on Good Friday and ANZAC Day with the exception of the Continental Pool opening 6 am to 2 pm.

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Attachments

1 Port Kembla and Thirroul Pool usage patterns during the trialled extension of services 28 April to 31 May 2012.

2 Continental Pool usage patterns during the trialled 1 hour extension with a 2 pm closure.

3 Average Monthly Water Temperature (Continental Pool) 2007-2011.

4 Historic Usage Patterns – Total Monthly Attendance (all pools) 2007-2012.

5 Standard and Proposed Pool Season and Opening Hours.

6 Comparison and Proposed outdoor pools swimming seasons.

7 IRIS Extended Swim Season Survey Report July 2012.

Report Authorisations

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Peter Kofod, Director Infrastructure and Works

Background

At the conclusion of the 2011/12 swimming season, swimming patrons at Port Kembla Pool submitted a number of requests seeking an extension of the swimming season which had historically coincided with a commencement in the September school holidays (24 September 2011) and concluded at the end of the April school holidays (20 April 2012).

It was noted from comments received that saltwater swimmers in the south of the City did not have easy access to the nine tidal rock pools north of Wollongong. Another criticism was the alignment of the pool season to school holidays.

The current commencement of swimming at pools in late September saw chlorinated pools on average recording pool temperatures at 16 degrees and saltwater pools at 18 degrees. In turn, the conclusion of the swimming season saw the pool temperatures by mid April at inland chlorinated pools being recorded at an average of 17 degrees with saltwater considerably warmer (greater than 20 degrees ) on a regular basis.

Council also received criticism that aligning to the school holidays saw the pool opening and closing dates always vary and the 20 April 2012 closure considered too soon for patrons at the saltwater pools, given the ocean temperatures did not decrease until June.

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At this time, Neighbourhood Forum 5 had requested Council Officers trial a 1 hour extension (closing times amended from1 pm to 2 pm) at the Continental Pool during the months of May and June.

In response to the requests and resolution of Council, the Port Kembla and Thirroul saltwater pools were re-opened and operated from 6 am to 1 pm from 28 April until 31 May 2012 and the Continental Pool hours varied to accommodate a 2 pm closure in May and June.

In response to the Council resolution, Council Officers undertook an evaluation of demand of the extended seasons, past usage and water temperature patterns and cost of provision.

The review incorporated a number of assessments:

1. An evaluation of patron usage and attendances (Attachments 1 and 2); 2. Average Water Temperatures at Saltwater Pools (Attachment 3); 3. Historic User Patterns at all Pools (Attachment 4); 4. Comparison of Swimming Seasons (Attachment 6); and 5. A telephone survey of 509 residents undertaken by IRIS (Attachment 7).

Methodology

The assessment of pool attendance was undertaken utilising information recorded by lifeguard staff located at each site. Noting the extended swimming season operating hours during the review was Tuesday to Sunday, 6 am to 1 pm, with pools closed on Mondays for cleaning.

Noting that, due to entry areas at the pool facilities being of an “open” nature and not controlled through turnstile counters, to enable an accurate assessment of utilisation of the pool, pool attendance was recorded by staff counting individuals swimming at the pool at regular and daily snapshots of time - 6:30 am, 9:00 am, 11:00 am and 12:30 pm (Refer Attachment 1).

To ensure the validity of the data recorded by lifeguard staff, each site was also independently audited by Council officers. Pool staff also recorded total daily attendance including any patron, either swimmer or non-swimmer, who may have visited the pool during the day. It should be noted that this information is non-audited.

The phone survey conducted by IRIS provided the general community with 509 respondents given an opportunity to comment on the extended service and pool swimming seasons.

Key attendance findings included:

• At Port Kembla Pool, the snapshot assessment indicated that the highest recorded number of swimmers was twenty one (21) at one occasion in week 2 with the lowest recorded swimmers being three (3) in the last week of May.

• Total recorded attendances (non-audited) which includes non-swimming visitors at Port Kembla Pool are as follows:

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28 April -31 May 2012 - daily average 111 patrons:

- Highest daily attendance 215 patrons

- Lowest daily attendance 40 patrons

• At Thirroul Pool, the snapshot assessment indicated that the highest recorded number of swimmers was fifteen (15) at one occasion in week 2 with the lowest recorded swimmers being one (1) in the last two weeks of May.

• Total recorded attendances (non-audited) which includes non swimming visitors at Thirroul Pool are as follows:

28 April -31 May 2012 - daily average 67 patrons

- Highest daily attendance 160 patrons

- Lowest daily attendance 7 patrons

• For a comparison, the Continental Pool’s snapshot assessment indicated the highest recorded number of swimmers was sixty five (65) with the lowest recorded swimmers being three (3) in the last week of June.

• Total recorded attendances (non audited) which includes non swimming visitors at the Continental Pool are as follows:

28 April -30 June 2012 - daily average 337 patrons

- Highest daily attendance 848 patrons

- Lowest daily attendance 118 patrons

• The attendance swimming patterns at the Continental Baths indicated that the pool was indeed popular with lunch-time swimmers in May, but as weather conditions and water temperature declined, there was less demand for extended swimming between 1 pm and 2 pm in June.

Water Temperatures

• The Ocean temperature recordings at the Continental Pool since 2007 indicate that swimmers regularly experience cooler temperatures below 18 degrees in September with warmer currents retaining the warmer water temperatures above 20 degrees throughout April and May.

Comparison to other Councils’ outdoor Pools

• Wollongong City Council’s current provision saw residents with a minimum of 30 weeks of swimming at lifeguarded facilities each year, with neighbouring pools in Shellharbour and Shoalhaven offering 26 and 22 weeks respectively.

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Telephone Survey

In addition to the onsite attendance audit findings, an independent (IRIS) telephone survey was conducted in July 2012 with a random sample of 509 permanent residents, 18 years or older. The methodology in sampling and questioning are consistent with other scientific market research that is regularly undertaken by this and like research consultancies.

Key survey findings included:

• Indications were that, although the opportunity to utilise pools for swimming in the extended season was highly valued, actual utilisation of Port Kembla and Thirroul pools was extremely low.

• 88.5% of respondents did not swim.

• 8.2% of those surveyed utilised Port Kembla Pool and 5.9% swam at Thirroul Pool.

• 72.7% of all respondents indicated that extending the Continental Pool hours to close at 2 pm would not encourage them to swim.

• 59.6% of respondents supported the traditional swimming season at saltwater pools moving to open later in October and close in May.

• 53.2% of respondents supported the traditional swimming season at Chlorinated Pools moving to open later in October and close in late April.

Further Consultation

Representatives from Port Kembla Pool and the Continental Pool, together with the Convener of Neighbourhood Forum 5, attended a briefing session in late July to discuss preliminary findings and provide an opportunity to reconfirm their desire to have the operating hours amended to reflect demand at both Port Kembla and the Continental Pools.

These representatives, although non-committal to major variances, did appreciate the additional costs involved in increasing the service delivery and acknowledged that Council officers were researching options for funding an extension at Saltwater pools through a delayed commencement to the season given the cooler water temperatures in September and prevailing warmer ocean water evident in April and May.

Options

In considering the background information and attachments contained in this report, Council may consider the following options:

1 Council support the changes outlined in the recommendation of this report which proposes a minor shift in the season opening (two weeks) to 6 October 2012 to allow Port Kembla and Thirroul pools to close 31 May 2013, with no further increase to the operational budget.

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2 Council retain the season opening on 22 September 2012 and allow Port Kembla and Thirroul pools to close 31 May 2013 with the operational budget increased by $44,000.

3 Council retain the status quo in seasonal pool operation seasons commencing 22 September 2012 and closing 24 April 2013.

Proposal

Council receive and note the information contained in the report and support the proposed recommendations for the swimming pool season to align to prevailing water temperatures and usage patterns.

Alternative options such as maintaining the current seasonal arrangements or simply expanding the service level for the five additional weeks at Port Kembla and Thirroul have been considered but are not supported given the information available and additional cost implications to Council of $44,000 per annum.

The proposed amendments see a cost-neutral approach to servicing the demand for an extension to swimming at Port Kembla and Thirroul Pools through delaying the commencement of the standard pool season by 2 weeks until the first Saturday in October on an annual basis.

Consultation and Communication

Through exhibition of its service plans, Council has received a number of requests to amend the swimming season to reflect the changes in water temperature.

In addition to these requests, Council had the Illawarra Regional Information Service undertake a telephone survey of 509 citywide respondents and also conducted a meeting with the Convener of Neighbourhood Forum 5 and representatives from Port Kembla and Continental Pools.

Planning and Policy Impact

The proposal to amend the standard swimming pool season in a cost-neutral manner is aligned to Council community goals:

1 We have an innovative and sustainable economy; and 2 We are a healthy community in a liveable City.

Risk Assessment

In accordance with the Division of Local Government’s Water Safety Practice Note 15, Council undertake a risk-based approach to the operation of its public swimming pools. The proposal contained in this report has no impact on the current approach to risk management of swimming pool facilities.

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Financial Implications

The budget allocation for the operations of public swimming pools in 2012/2013 financial year is $4,088,722. The full cost of extending the swimming pool season through to 31 May at Port Kembla and Thirroul Pool on an annual basis would require a further increase of $22,000 per annum at each of the two pools.

The proposal contained in this report provides a cost-neutral approach in facilitating the extended season of the saltwater pools, with additional costs being offset by delaying the commencement of the summer swimming season from Saturday, 22 September to Saturday, 6 October 2012.

This proposal presents no requirement to further increase the operational budget for pools and is consistent with Council’s current budgeted savings targets.

Conclusion

From the research undertaken in this evaluation, it is evident that the favourable weather and ocean water temperatures led to patrons continuing to use the Port Kembla and Thirroul Pools during the extended season through May 2012. The evidence contained in this research and the IRIS telephone survey of 509 respondents supports an amendment to the pool swimming season to align to prevailing water temperatures and meet community demand.

The report also highlighted that lower water temperatures in September at the commencement of the traditional swimming season coinciding with the school holidays coupled with lower usage patterns, sees an opportunity to slightly amend the season to meet the demands for further opportunities at saltwater pools in May.

Given that the Continental, Corrimal, Dapto and Beaton Park Pools operate year round, together with the city offering a further nine tidal rock pools for swimming, it is considered that such a minor adjustment in services will have minimum impact on the community.

The recommendation contained in this report sees Council pursue a cost-neutral approach to varying the swimming season to commence the first Saturday in October (6 October 2012) to accommodate demand for swimming at Port Kembla and Thirroul ocean pools in May.

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REF: CM183/12 File: CCL-160.25.001

ITEM 2 DRAFT COUNCIL POLICY - CCTV PROGRAM - CODE OF PRACTICE

A Council policy entitled CCTV Program - Code of Practice has been drafted to replace the existing City Centre CCTV Code of Practice.

The Policy is for the ongoing management of Council’s CCTV installations at current and future locations throughout the City.

Recommendation

1 The attached draft CCTV Program - Code of Practice Council Policy be exhibited for public comment.

2 A further report be submitted to Council following the exhibition period.

3 Council write to the NSW Government recommending the establishment of legislation to ensure the appropriate development and operation of CCTV networks.

Attachments

Draft Council Policy – CCTV Program – Code of Practice

Report Authorisations

Report of: Lyn Kofod, Manager Governance and Information Authorised by: Greg Doyle, Director Corporate and Community Services

Background

A review of the existing Management Policy “City Centre Street Camera Program – Code of Practice” has been undertaken by a cross-organisational working party of Council staff to comply with contemporary standards of practice, and to include reference to existing CCTV equipment in various Council premises and at public place locations across the city.

The review of the Policy was also undertaken to ensure ongoing compliance with the NSW Government Policy Statement and Guidelines for the Establishment of Closed Circuit Television in Public Places. There is currently no legislation that directly covers CCTV network establishment, development or review.

As a result of that review, a new City-wide draft Council Policy dealing with Council- owned and operated CCTV has been prepared.

CCTV is only one strategy that Council may utilise in conjunction with other initiatives including landscaping, lighting and activation to assist in enhancing public safety.

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Proposal

The new Policy:

• provides standards and procedures as they are to apply to Council-owned and operated CCTV cameras;

• provides those same standards and procedures to two locations (IPAC and 93 Crown Street) that are leased by Council but where CCTV vision is controlled by Council;

• provides for a structured formal assessment by Council’s Community Safety Reference Group, in conjunction with the NSW Police, to be undertaken prior to the future installation of additional CCTV equipment, owned and operated by Council, in a public place;

• identifies the locations, and corresponding purpose(s), of Council’s existing CCTV equipment;

• reinforces the overarching purpose of CCTV in public places to enhance public safety by deterring the incidence of crime;

• acknowledges that CCTV should be used in conjunction with other initiatives to effectively support community safety;

• provides for a formal regular evaluation of the performance of CCTV in relation to its purpose of enhancing public safety;

• excludes CCTV equipment installed by lessees or licensees of Council properties as a condition of Council’s lease or licence;

• acknowledges that CCTV in public places may capture images of Council staff performing work tasks but reinforces that the Policy is not to be used for workplace surveillance of staff for which other Council policies and practices exist;

• provides that public disclosure of material recorded on Council’s CCTV systems may only be sought by means of an application to Council under the Government Information (Public Access) Act 2009 and that any such application will be determined in accordance with that Act;

• provides for strict operating guidelines to be complied with in relation to the operation of CCTV equipment including access to CCTV system control rooms and recorded CCTV material;

• requires all reasonable effort to be applied by operators of Council’s CCTV systems to prevent the occurrence of false association arising from the use of the systems;

• requires Council to keep the community informed about its policies and practices in relation to CCTV in public places including the display of informative signage; and

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• requires compliance by Council with the Privacy and Personal Information Protection Act 1998 in relation to the secure collection, storage and disposal of personal information.

It is now proposed to progress the establishment of the draft CCTV Code of Practice by its public exhibition for a period of 28 days followed by a further report to Council including any submissions received.

Consultation and Communication

Representatives of Council’s divisions which currently manage Council’s CCTV installations have been consulted in the revision of the existing policy.

A member of the public with particular interest and expertise in the area has provided input into the revision of Council’s CCTV operational practices and policy.

The draft Policy has been the subject of a Councillor Briefing.

Planning and Policy Impact

The new Policy will replace Council’s existing management policy “City Centre Street Camera Program – Code of Practice”.

Risk Assessment

The draft Policy is considered to be good practice and in compliance with the NSW Government Policy Statement and Guidelines for the Establishment of Closed Circuit Television in Public Places.

Conclusion

The draft Policy for the management and operation of Council’s CCTV installations and systems is recommended for public exhibition followed by a further report to Council.

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REF: CM184/12 File: GI-914.05

ITEM 3 UPDATE OF CUSTOMER SERVICE POLICY

Council’s Customer Service Policy has been updated to include performance indicators and a structure for feedback from customers.

Recommendation

Council adopt the draft Customer Service Policy.

Attachments

1 Customer Service Policy

2 Customer Service Charter

Report Authorisations

Report of: Lyn Kofod, Manager Governance and Information Authorised by: Greg Doyle, Director Corporate and Community Services

Background

Council implemented integrated Customer Service in July 2009. The Customer Service Policy defines how Council delivers service according to the Customer Service Charter. The policy outlines Council’s commitment to Customer Service, which includes an effective complaint handling system with staff trained and dedicated to resolving complaints. This policy also details customer responsibilities to enable staff to deliver the best level of service.

The Customer Service Charter sets clear guidelines for staff in relation to customer service standards and informs customers about the level of service they can expect from Council. In this way the opportunity to improve our customer service is twofold: firstly, Council has standards to achieve, and secondly, as customers become aware of our standards they are able to provide constructive feedback about how well we meet these standards. The Charter forms an integral part of the customer feedback process.

This policy has been revised and updated in accordance with the NSW Ombudsman’s “Effective Complaint Handling Guidelines – 2nd edition”. In particular reporting on overdue feedback to Senior Managers has been strengthened and processes improved to ensure that customers receive acknowledgement within one (1) working day.

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Proposal

The Customer Service Policy has been amended to include current key performance indicators and opportunities, and structure for feedback to Council.

Consultation and Communication

The revised policy has been reviewed and endorsed by Executive Management. The policy changes proposed are not significant.

Extensive consultation occurred across all Council divisions and public exhibition when these policies were developed. Feedback from the community and staff since the policy adoption has been limited. There was feedback in response to the process which assists staff to deal effectively with the rare cases where inappropriate customer conduct is exhibited. This feedback has been considered in the review of this policy.

Training for staff in the revised Policy is planned for October. It is anticipated that training will be delivered in formal training sessions to ensure a consistent high level of customer service from all areas.

Conclusion

Council strives to continuously improve customer service. The Customer Service Policy defines what Council is aiming to deliver, with measurable outcomes.

The Customer Service Policy incorporates a structure for responding to, recording, reporting and using feedback to improve service to customers.

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REF: CM185/12 File: ESP-100.06.010

ITEM 4 WATERFALL GENERAL (GARRAWARRA) CEMETERY

Council at its meeting on the 28 November 2011, in considering a report on the Helensburgh 7D lands (Item 3) resolved that a further report be prepared on the Garrawarra Cemetery in light of the implications of the Cemetery's significance. This report has been prepared in response to this request. The report details the information gathered in relation to the site and outlines the key issues required to be resolved and addressed to inform decision-making. A staged process for decision-making and planning for the site is then proposed.

Recommendation

1 Stage 1 of the proposal detailed in this report be undertaken, including:

a Preparation of a Conservation Management Plan;

b Further explore access options/arrangements;

c Undertake a risk assessment;

d Undertake community consultation, including with families of those buried in the cemetery;

e Explore possible sources of funding for the site;

f Consider the potential for a ‘Friends of the Cemetery’ or a ‘Cemetery Conservation’ group.

g Pursue and make publicly available a burial register for the site.

2 Following completion of stage 1, a further report be provided to Council, detailing the outcomes of stage 1 and the options available for future management and public accessibility.

3 Council write to the NSW Office of Environment and Heritage outlining support for consideration of the Garrawarra Hospital site, including the Cemetery, for listing on the State Heritage Register.

Attachments 1 Notification and Plan for Waterfall General Cemetery showing layout and sections,

27 February 1907. 2 Location Map for Waterfall General Cemetery. 3 Photographs of the Cemetery site including remnant gravestones. 4 Heritage Map for Waterfall General Cemetery and Hospital site. 5 Ownership Map for Surrounding Properties.

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Report Authorisations

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

Background

History of the Cemetery and its Management

The Garrawarra Hospital first opened in 1909 as ‘the Hospital for Consumptives’. From 1914-1957 the site operated under the name ‘Waterfall State Sanatorium for Tuberculosis’. In 1958, after considerable improvements in the treatment of Tuberculosis, the site was converted to a centre for the aged and chronically ill and became known as ‘Garrawarra Hospital’. In 1992, the hospital site was converted to the ‘Garrawarra Centre for Aged Care. The site continues to operate as a NSW Health Service Aged Care facility although many of the original hospital buildings have been abandoned, including the wards. The site is understood to be the State’s only purpose built facility for the treatment of Tuberculosis or ‘Consumption’ as it was previously known.

In 1907, two (2) years prior to the opening of the Hospital, the Waterfall General Cemetery was notified by the State Government. The notification, including the layout of the Cemetery into religious sections, is provided as Attachment 1 to this report. The cemetery is located approximately 700m south of the hospital site, along the former route of the Old South Coast Road which is now preserved as a fire trail. The location of the Cemetery is shown on the map at Attachment 2. The Cemetery is understood to have received some 2000 burials between 1909 and the mid 1950’s. In 1967, responsibility for care and control of the Cemetery was handed to Council from the State, along with the Wollongong, Scarborough and Helensburgh General Cemeteries.

A review of Council’s records has indicated that little (if any) maintenance of the Cemetery by Council has occurred since this time. This raises the question as to whether Council has ever acknowledged this responsibility. Council’s records do show that in 2000, Council was informed of these responsibilities by local historians, Carol and John Herben, during preparation of a partial burial register for the Cemetery. Council’s records indicate that little action was taken by Council in response to this notification. In 2011, Council was contacted by the Helensburgh Historical Society, who provided a copy of a letter from the Member for Heathcote Lee Evans MP, which indicated that Council had custodianship of the Cemetery. Council’s care and control responsibilities were not identified in Council’s Property Information System. Council’s property data has now been updated.

Current Condition of the Site

Due to the lack of maintenance at the Cemetery since the 1960’s, and the Cemetery’s remote location, the surrounding bush has encroached onto the site. The overgrown

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condition of the site makes it unrecognisable as a Cemetery, as is indicated in the aerial photograph of the site provided in Attachment 2.

During site inspections of the Cemetery undertaken in January and March 2012, the site was found to be heavily overgrown, with many graves damaged by overgrown vegetation, vandalism and grave subsidence. This is clearly demonstrated in the photographs of the site included as Attachment 3 to this report. The site is also understood to have been affected by bush fires on several occasions in recent decades, including a significant fire in 2001. These fires are believed to have resulted in the loss of much of the evidence of the Cemetery including timber grave markers, which were likely to have been prevalent throughout the Cemetery.

Despite the condition of the Cemetery, Council staff successfully located 43 identifiable graves, with at least partial inscriptions that are expected to allow for identification, following receipt of a full burial register. In addition, a range of burial sites without plaques or markers have been identified across the site, with many being marked out using ironstone edging placed on the ground surface. Whilst clearing of the site would likely reveal further evidence of burials, and whilst a thorough survey of the Cemetery is yet to be completed, it is clear that evidence of many of the 2000 odd burials on the site has been lost. It is however likely that at least some of the evidence of the Cemetery’s original layout, roadways and religious sections could be revealed through clearing and careful management of the site, as evidence of some fencing, roadways and entry gates remains on site.

Heritage Listings and Significance

The Garrawarra Hospital site is subject to a local heritage listing (item 6486) within Schedule 5, Part 1 of the Wollongong Local Environmental Plan 2009. This listing includes the gates and gatehouse, administration building (Palmer House), kitchen blocks, kitchen and store block, staff cafeteria, nurse’s hostel, and residential houses. The ‘Garrawarra Hospital Cemetery’ is subject to a separate local heritage listing (item 61028). The Garrawarra Hospital site is separately identified as a Heritage Conservation Area within Schedule 5, Part 2 of the Wollongong Local Environmental Plan 2009, in recognition of the significant landscape and site features that are not buildings. The Cemetery is not within the boundary of the Conservation Area. The boundaries of these heritage listings are shown in the map at Attachment 4.

Whilst the Garrawarra Hospital site was the subject of a detailed heritage assessment undertaken by Howard Tanner in 1993 and documented in a Conservation Management Plan, this report is very architecturally focused. The report provides little mention and discussion of the Cemetery and no assessment of its significance or condition other than a brief inventory which identified that the site was overgrown and required further assessment. No evidence of a statement of significance prepared for the Garrawarra Cemetery has been found in the preparation of this report. Council’s Heritage Officer has prepared the following brief Statement of Significance to summarise the importance of the Cemetery.

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Waterfall General (Garrawarra) Cemetery is of significance to the Community of Wollongong, Sydney, and possibly the State of NSW, as it provides evidence of historic burial practices for those with infectious disease, as a part of a complete care approach for infectious disease, within a Government operated asylum. The Cemetery’s layout, remote location, and association with the Garrawarra Hospital site, provides strong evidence of the Government’s approach to health care and the treatment of Tuberculosis in the early 20th Century. The Cemetery forms part of the only purpose built facility for the treatment and care of Tuberculosis patients in NSW. The 2000 burials contained within the Cemetery provide strong evidence of the devastating effect that Tuberculosis had on the community during the first half of the 20th Century and of the many who succumbed to the disease. The site retains a strong connection to the families and descendants of those who succumbed to Tuberculosis and who were buried on the site, often some distance from their homes and families.

Whilst the condition of the Cemetery is poor due to lack of maintenance over the past 50 years, and whilst the site has been consumed by vegetation, with evidence of many graves having been destroyed in the process, the site retains sufficient physical evidence to be able to interpret the significant history of the Cemetery, its association with the hospital, and the memory of those buried within its boundary for current and future generations.

During the preparation of this report, Council officers contacted the NSW Heritage Office to discuss the significance of the site. The NSW Heritage Office indicated that the Cemetery, as part of the broader Garrawarra Hospital site, may potentially meet the criteria for listing on the State Heritage Register. Further assessment of the significance of the Cemetery as part of the broader site would be required to establish if this is the case. The NSW Office of Environment and Heritage have now written to Council seeking support for consideration of a potential State Heritage listing.

Support for this process is recommended. Due to the State ownership and management of most of the Garrawarra Hospital site, any potential listing would be subject to State government considerations and inter-Departmental discussion. Listing on the State Heritage Register would however open up potential funding avenues for the future maintenance and conservation of the Cemetery.

Heritage Conservation

There will be challenges in managing such an overgrown Cemetery site with heritage significance in a very isolated location. The National Trust has produced a publication ‘Guidelines for Cemetery Conservation’ which provides management and conservation guidance in relation to Cemeteries. These guidelines provide a useful starting point and could form the basis for the preparation of a Conservation Management Plan for the site.

Access

The Cemetery is located on a landlocked site, surrounded by other Crown Land in the management of various State Government Departments, as shown in Attachment 6.

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Council does not currently have legal access to the site, and is presently accessing the site via the fire trail (the Old South Coast Road) through the Garrawarra Centre, with the permission of Garrawarra Centre Management. This process requires Council staff to borrow keys and to sign in and out of the site. The old South Coast Road, which runs adjacent to the site, has been “closed” for some time and now functions as a fire trail, with locked gates at either end.

Anecdotal evidence would indicate that whilst the site does not have legal access, the site does receive regular visitation from a range of individuals. For example, a representative of the Department of Veteran’s Affairs annually inspects a military grave located in the Cemetery. It is unclear how many people presently visit the site, however regular requests to visit the site are received by Council, the Helensburgh Historical Society and the Garrawarra Centre.

Flora and Fauna Assessment

Given the location of the site within an area with strong environmental and ecological values, it is considered essential that the heritage significance of the site must be balanced with the consideration of the sites environmental values. This is particularly important given that the site has been allowed to return to bush land. For this reason, a Flora and Fauna Assessment of the site was undertaken by Council officers. The assessment identified that the site is occupied by a range of native vegetation types, is remarkably free of weeds, and provides potential habitat and foraging for a range of fauna. However, there are no specific or significant environmental constraints likely to impact on decision making relevant to the site.

Cemetery Records

Whilst it appeared that the best documentation available relating to the Cemetery was the Herben’s report, it has come to Council’s attention that a full burial register is in the process of being prepared for the site. An experienced archivist has accessed records that were stored in the basement of a Garrawarra Building and voluntarily undertook the process of archiving the records for storage within NSW archives. During this process the Archivist has been compiling what she believes to be a complete burial register for the site, containing some 2000 names of individuals buried in the Cemetery. The Archivist has indicated that she will be happy to provide a copy of her research and burial register to Council when it is complete. The timing of this is unclear at this stage.

The public accessibility of records relating to burials at the Cemetery, and the ability to link these with photographs of the site, to map out locations of burials and overlay these across the site is an extremely important outcome, regardless of the future management or public accessibility of the Cemetery.

Future Ownership and Management

Prior to the commencement of work toward preparation of this report, Council’s responsibility for management of the site was known to only a few people. The management of the Garrawarra Centre also believed that the site fell within their custodianship. Given the complexities of site management in this remote location and

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that the site is surrounded by Crown Land, including water catchment, road reserve and health facilities, and with a lack of legal access, a question could be raised over whether Council is in the best place to manage the site into the future. Consideration could be given to the potential handing of the site back to the State Government depending on the outcome of further investigations, and depending on the State Government’s willingness to resume responsibilities for management.

Proposal

In order to allow for further consideration and resolution of the issues identified within this report, a staged process for working toward decision making is proposed to further consider options for the future management, conservation, and potential public accessibility of the Waterfall General (Garrawarra) Cemetery. This process is detailed below in three (3) stages:

Stage 1 – Research Project

Stage 1 involves the continuation of the project commenced in the preparation of this report, and is aimed at gathering and preparing additional information to inform Council decision making in relation to the key issues identified within the report. The matters to be addressed in this Stage would include:

a Conservation Management Plan

Develop a Heritage Conservation Management Plan for the Cemetery, using the principles and policies of the Burra Charter and the National Trust Guidelines for Cemetery Conservation, so as to inform future management and conservation of the site. Estimated cost $10,000, which could be funder under the current Heritage budget.

b Access Options

Explore available options to establish legal access to the Cemetery site for Council management, as well as for public access, if this were considered appropriate in the future.

c Risk Assessment

Undertake a detailed risk assessment of the site to consider risks associated with the potential future management and operation of the site, with consideration to the various options for future management and public access.

d Consultation

Undertake further stakeholder, and broad community consultation, relating to possible options for the future management of the site, including engagement with known families of those buried on the site.

e Funding

Undertake a financial assessment of available management options and explore potential funding avenues available through other levels of government if and when

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available. Consider the suggestion of the Wollongong Heritage Advisory Committee as to the feasibility of re-opening the Cemetery (if space is available) to provide funding for works to the site.

f Friends or Cemetery Conservation Group

Explore the potential to establish a ‘Friends of the Cemetery’ or ‘Cemetery Conservation’ group, to assist with management, fundraising and conservation projects (potentially under a similar model to the Berkeley Pioneer Cemetery Restoration Group).

g Cemetery Records

Work with the Archivist and State Records to ensure that a thorough burial register can be finalised and made available to the public in an easily accessible format and/or location.

Stage 2 – Council Report and Decisions on Future Management

Following the completion of the work outlined in Stage 1, a further report will be prepared for Council’s consideration, detailing the findings of the stage 1 project, along with the documentation and reports already gathered and prepared (such as the Flora and Fauna Constraints). This report will then outline possible future management options, which are anticipated to include (but not necessarily be limited to):

1 Opening of the site to full public access in a similar arrangement to other Council Cemeteries.

2 Opening of the site to restricted access (e.g. by appointment/arrangement, or at set times and dates throughout the year.

3 Fencing and securing of the site to prevent public access.

4 Maintenance of existing arrangements (with little to no active management).

5 Transfer of care and control responsibilities to a State Government Department.

Stage 3 - Implementation

Council’s decision at Stage 2 is likely to result in a range of additional works and planning being required to support implementation of this decision. This stage may include, for example:

- Development of a Plan of Management for the site.

- Development and implementation of an Asset Management Plan for the site.

- Completion of maintenance and conservation works in accordance with the Conservation Management Plan.

- Removal/reduction of overgrown vegetation on the site to protect graves and monuments from further damage, as well as from future fires.

- Establish if possible a formal vehicular and/or pedestrian access to the property.

- Consider the need for construction of site fencing to enable the site to be secured and to prevent illegal vehicular access and potential vandalism.

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- Potential establishment and running of a ‘friends’ or ‘Cemetery Conservation Group’.

- Preparing a planning proposal to rezone the site from its current E3 Environmental Management zone (proposed E2 Environmental Conservation zone) to SP2 – Cemetery.

It is felt that this staged approach to decision making will allow Council to provide a considered approach to management and planning for the site. This will ensure that the relevant risks and costs of various options can be accounted for in the decision making process. Consultation with stakeholders and the community will need to inform all stages of the process.

Consultation and Communication

In preparing this report, consultation has occurred with a range of groups and individuals with an interest in the Cemetery and its future management. These groups have included: The Helensburgh Historical Society; the Wollongong Historical Society; the NSW Health Service, Garrawarra Centre management, a small number of descendants of those buried within the Cemetery, the NSW Heritage Office and the Illawarra Shoalhaven Branch of the National Trust of Australia (NSW).

It is of note that local historians from the Helensburgh and Wollongong Historical Societies, provided a significant amount of background material and assistance, used in preparing this report. In addition, the Archivist, a volunteer archivist who is currently finalising a full burial register for the Cemetery has provided additional assistance and offered to provide a copy of her work to Council as soon as it is finalised.

On 11 July 2012 Council’s Heritage Advisory Committee considered a report, detailing the proposed staged project approach to the future management of the Waterfall General (Garrawarra) Cemetery. The Committee supported this approach and requested that this support be noted for Council’s information. It is also noted that members of the Heritage Advisory Committee suggested exploring the potential to reopen the Cemetery for burials, as a potential means of funding required works to the site.

Consultation with the above groups, along with other key stakeholders, including the relevant State Government bodies, should continue in future stages of the project as part of a broader approach to community consultation.

Planning and Policy Impact

Now that Council is aware of its responsibility for the management and maintenance of the Cemetery, Council is confronted with a range of risks and management issues related to this previously unrecognised asset. The identification of an additional Cemetery within Council’s asset base, despite its effective closure, will require the

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addition of the asset to Council’s Asset Register and funding toward asset maintenance, in whatever form that may take.

The process defined and recommended within this report is intended to further inform decision making by gathering further information in relation to the likely costs and complications related to various future management options. The policy impacts of this will be further detailed in the Council report on the Stage 1 Project, which is detailed within this report.

Risk Assessment

Whilst no formal risk assessment of the Cemetery has been undertaken, the site currently presents a range of risks relevant for Council’s consideration. These risks include (but are not necessarily limited to):

- The potential for injury caused by the current condition of the Cemetery, and uncontrolled access without an established legal access right;

- Continued negative impacts on heritage significance due to lack of management;

- Negative perception in the community and from those connected to the site, such as descendants of those buried in the site who expect the site to be maintained;

- Potential further damage to the Cemetery and contribution to potential bushfire risk, due to lack of maintenance and build up of fuel loads.

A detailed risk assessment forms part of the recommended project proposed in this report. This risk assessment would be aimed at ensuring that decision making relating to the future management of the Cemetery is informed by the potential consequences and risk considerations. For example, the removal of vegetation from the site may result in illegal access to the site by motorcycles or other vehicles.

Financial Implications

The Stage 1 project proposed within this report will require a commitment of Council staff time and resources as well as funding for the preparation of the Conservation Management Plan for the site, and costs related to advertising and community consultation to inform the project. These costs are anticipated to be in the order of $15,000. Funding of the project can be allocated from the annual heritage budget allocation and the public exhibition budgets of the Environmental Strategy and Planning Division.

The future costs relating to the management and conservation of the Cemetery will be dependent on the future management approach for the site. As this asset has not previously been acknowledged by Council, it will need to be added to Council’s asset register and funded in future years. Further details of the expected costs will be detailed in the report on the Stage 1 Project recommended within this report.

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Conclusion

Council has had responsibility for the management and maintenance of the Waterfall General Cemetery since 1967 when it was made trustee. Due to forty five (45) years of unintentional neglect of these responsibilities, there are a range of risks generated, as well as social and ethical responsibilities which Council must now address. Whilst the issues presented by this site are extremely complex, and the condition of the site is such that any change to management arrangements is likely to take some time to implement, this report details and proposes a process that will enable informed decision making around future management of the Cemetery.

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REF: CM186/12 File: SU26965

ITEM 5 WOLLONGONG CITY CATCHMENT FLOOD STUDY - PUBLIC EXHIBITION OF DRAFT STUDY

This report seeks Council endorsement to place the draft Wollongong City Flood Study on public exhibition.

Recommendation

The Wollongong City Flood Study be placed on public exhibition.

Attachments

1 Wollongong City Catchment map

2 Flowchart – The Floodplain Risk Management Process

3 Executive Summary – Draft Wollongong City Flood Study

Report Authorisations

Report of: Glenn Whittaker, Manager Infrastructure (Acting) Authorised by: Peter Kofod, Director Infrastructure and Works

Background

The Wollongong City Catchment area (refer Attachment), includes the suburbs of Wollongong (south of Crown Street), Coniston and northern Port Kembla. The catchment drains through Wollongong Golf Course and JJ Kelly Park and ultimately discharges into Port Kembla Inner Harbour.

Council has prepared a draft Flood Study in accordance with the NSW Government's Floodplain Development Manual (2005) and is currently seeking endorsement to exhibit the Study. The overall Floodplain Risk Management process is summarised in the attached flowchart.

Planning and Policy Impact

Upon Council’s adoption of the Flood Study, Council will have flood planning levels for Wollongong City Catchment. This will ensure development within the catchment is consistent with Council’s Development Control Plan (DCP) 2009.

This study will also provide key information in the development of the South Wollongong precinct.

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Consultation and Communication

Council has previously distributed an information sheet and questionnaires to 3,113 residents and owners of properties within the catchment area which described the Floodplain Risk Management process and requested any community information regarding historical flooding in the catchment. A total of 393 responses were received.

During the 30 day public exhibition period it is proposed to:

1 Raise community awareness through media releases.

2 Forward a letter to all affected owners in the catchment.

3 Conduct two public information sessions.

4 Display the document at Council’s Central Library and on Council’s website.

Conclusion

The draft Flood Study was presented to Wollongong City Catchment Floodplain Risk Management Committee on 13 June 2012. The Committee recommended that the Flood Study be endorsed to go to public exhibition.

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REF: CM187/12 File: FI-230.01.060 and PJ-10/20

ITEM 6 T12-05 TENDER FOR THE REVIEW OF HEWITTS CREEK FLOOD STUDY

This report recommends acceptance of a tender for the Review of the Hewitts Creek Flood Study in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Nine tenders were received and this report recommends Council accept the tender submitted by BMT WBM Pty Ltd.

Recommendation

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of BMT WBM Pty Ltd for the Review of the Hewitts Creek Flood Study, in the sum of $92,820, 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

Hewitts Creek Catchment map

Report Authorisations

Report of: Glenn Whittaker, Manager Infrastructure (Acting) Authorised by: Peter Kofod, Director Infrastructure and Works

Background

The Hewitts Creek catchment (refer attachment), which incorporates the sub-catchments of Slacky, Tramway, Woodlands and Thomas Gibson Creeks, is the subject of the 2002 Hewitts Creek Flood Study, Floodplain Risk Management Study and Floodplain Risk Management Plan. The Floodplain Development Manual (NSW Government, 2005) requires that completed studies be regularly reviewed. The recommended tenderer will undertake the review of the Flood Study such that a subsequent review of the Floodplain Risk Management Study and Floodplain Risk Management Plan can be undertaken.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 22 May 2012.

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Nine tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of the following Divisions:

• Infrastructure (Strategy and Planning) • Governance and Information (Corporate Governance) • Finance (Procurement Section) • Environmental Strategy and Planning.

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

Table 1 – Assessment Criteria

No Criteria Weighting

% 1 Tender Price 30 2 Demonstrated strengthening of the Local Economy Capacity 5 3 Demonstrated experience and satisfactory performance in the

preparation of flood studies including hydrologic and hydraulic modelling

15

4 The quality of the consultant’s team in terms of demonstrated experience and skills in undertaking flood studies

15

5 The proposed methodology and demonstrated level of understanding of what is required to produce a quality outcome, including details of key tasks

20

6 Project Schedule demonstrating consultant’s current capacity and resources to complete the project

10

7 OH&S documentation 5 8 References Mandatory

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 2 below summarises the results of the tender assessment and the ranking of tenders.

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Table 2 – Summary of Tender Assessment

Tenderer Ranking BMT WBM Pty Ltd 1 WMA Water 2 SMEC 3 Cardno (NSW/ACT) Pty Ltd 4 J. Wyndham Prince 5 Henry & Hymas 6 Royal Haskoning 7 BG & E 8 Mott MacDonald 9

Whilst BMT WBM Pty Ltd did not submit the lowest cost tender, they showed consistency across most assessment criteria and excelled in:

• Criteria 3 – Demonstrated experience and satisfactory performance in the preparation of flood studies including hydrologic and hydraulic modelling; and

• Criteria 5 - Proposed methodology and demonstrated level of understanding of what

is required to produce a quality outcome, including details of key tasks.

These two assessment criteria in total outweighed the cost factor.

Proposal

Council should authorise the engagement of BMT WBM Pty Ltd to carry out the Review of the Hewitts Creek Flood Study 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 & Communication

1 Members of the Tender Assessment Panel consisting of representatives from the following Divisions:

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• Infrastructure (Strategy and Planning) • Governance and Information (Corporate Governance) • Finance (Procurement Section) • Environmental Strategy and Planning

2 Nominated Referees

Risk Assessment

The risk in accepting the recommendation of this report is considered low based on the following –

• This tender process has fully complied with Council’s tendering procedures and the Local Government Act 1993.

• The recommended tenderer, BMT WBM Pty Ltd, has the necessary experience and capability to undertake the project. The company has successfully completed a number of projects of similar size for a variety of clients including Wollongong City Council.

Financial Implications

Sufficient budget has been allocated in the Flood Program to fund this project and an application has been made to the State Government for a contribution to assist in the funding of this study.

Conclusion

BMT WBM Pty Ltd has submitted an acceptable tender to carry out the Review of the Hewitts Creek Flood Study. Council should endorse the recommendations of this report.

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REF: CM188/12 File: FI-230.01.054 and PJ-10/21

ITEM 7 T11-28 TENDER FOR THE REVIEW OF TOWRADGI CREEK FLOOD STUDY

This report recommends acceptance of a tender for the Review of Towradgi Creek Flood Study in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Ten tenders were received and this report recommends that Council accept the tender submitted by BMT WBM Pty Ltd.

Recommendation

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of BMT WBM Pty Ltd for The Review of Towradgi Creek Flood Study, in the sum of $92,820, 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

Towradgi Creek Catchment Map

Report Authorisations

Report of: Glenn Whittaker, Manager Infrastructure (Acting) Authorised by: Peter Kofod, Director Infrastructure and Works

Background

The Towradgi Creek catchment (refer attachment) drains an area of approximately 7.2km2 through the northern Wollongong suburbs of Tarrawanna, Corrimal and Fernhill and is the subject of the 2003 Towradgi Creek Flood Study, Floodplain Risk Management Study and Floodplain Risk Management Plan. The Floodplain Development Manual (NSW Government 2005) requires that completed studies be regularly reviewed. The recommended tenderer will undertake the review of the Flood Study such that a subsequent review of the Floodplain Risk Management Study and Floodplain Risk Management Plan can be undertaken.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 22 May 2012.

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Ten tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel comprising representatives of the following Divisions:

• Infrastructure (Strategy and Planning) • Governance and Information (Corporate Governance) • Finance (Procurement Section) • Environmental Strategy and Planning

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

Table 1 – Assessment Criteria

No Criteria Weighting

% 1 Tender Price 30 2 Demonstrated strengthening of the Local Economy Capacity 5 3 Demonstrated experience and satisfactory performance in the

preparation of flood studies including hydrologic and hydraulic modelling

15

4 The quality of the consultant’s team in terms of demonstrated experience and skills in undertaking flood studies

15

5 The proposed methodology and demonstrated level of understanding of what is required to produce a quality outcome, including details of key tasks

20

6 Project Schedule demonstrating consultant’s current capacity and resources to complete the project

10

7 OH&S documentation 5 8 References Mandatory

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 2 below summarises the results of the tender assessment and the ranking of tenders.

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Table 2 – Summary of Tender Assessment

Tenderer Ranking BMT WBM Pty Ltd 1 WMA Water 2 SMEC 3 Cardno (NSW/ACT) Pty Ltd 4 Umwelt 5 J Wynham Prince 6 Henry & Hymas 7 Royal Haskoning 8 BG & E 9 Mott MacDonald 10

Whilst BMT WBM Pty Ltd did not submit the lowest cost tender they showed consistency across most assessment criteria and excelled in:

• Criteria 3 – Demonstrated experience and satisfactory performance in the preparation of flood studies including hydrologic and hydraulic modelling; and

• Criteria 5 -Proposed methodology and demonstrated level of understanding of what is required to produce a quality outcome, including details of key tasks.

These two assessment criteria in total outweighed the cost factor.

Proposal

Council should authorise the engagement of BMT WBM Pty Ltd to carry out the Review of the Towradgi Creek Flood Study 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.

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Consultation & Communication

1 Members of the Tender Assessment Panel consisting of representatives from the following Divisions:

• Infrastructure (Strategy and Planning) • Governance and Information (Corporate Governance) • Finance (Procurement Section) • Environmental Strategy and Planning

2 Nominated Referees

Risk Assessment

The risk in accepting the recommendation of this report is considered low based on the following –

• This tender process has fully complied with Council’s tendering procedures and the Local Government Act 1993.

• The recommended tenderer, BMT WBM Pty Ltd, has the necessary experience and capability to undertake the project. The company has successfully completed a number of projects of similar size for a variety of clients including Wollongong City Council.

Financial Implications

Sufficient budget has been allocated in the Flood Program to fund this project and an application has been made to the State Government for a contribution to assist in the funding of this study.

Conclusion

BMT WBM Pty Ltd has submitted an acceptable tender to carry out the Review of Towradgi Creek Flood Study. Council should endorse the recommendations of this report.

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REF: CM189/12 File: FI-230.01.049

ITEM 8 T11-24 TENDER FOR SECURITY GUARDS, PATROLS AND MONITORING FOR WOLLONGONG CITY COUNCIL

This report recommends acceptance of a tender for Security Guards, Patrols and Monitoring across 74 various sites for Wollongong City Council, in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

After completing an Expression of Interest to determine suitable Security Services available to meet Council’s needs across a variety of sites and locations a selective tender was arranged of the (7) selective tenderers, (5) tenderers submitted proposals to meet Council’s criteria.

This report recommends Council accept the tender submitted by Oztech Security Services.

Recommendation

1 In accordance with the Local Government (General) Regulation 2005, Clause 178(1)(a), Council accept the tender of Oztech Security Services for Security Guards, Patrols and Monitoring for Wollongong City Council, in the sum of $159,812 per annum, 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: Kalyan Mondal, Manager City Works Authorised by: Peter Kofod, Director Infrastructure and Works

Background

A selective tender was created based on a previously advertised Expression of Interest and (7) suitable Security Services providers were invited to tender. Out of the (7) proposed tenderers invited only (5) tender proposals were received prior to the tender closing date on 25 June 2012.

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All tenders submitted were scrutinised and assessed by a Tender Assessment Panel comprising of representatives of City Works, Finance, Governance and Information, Property and Recreation, Planning and Environment and Corporate and Community Services.

All tenderers were asked to submit prices with two options. Option 1 was with Control Centre located anywhere in Australia and Option 2 with Control Centre located in Wollongong.

The Tender Assessment Panel assessed Option 1 of all tenders in accordance with the following assessment criteria as set out in the formal documents:

1 Cost to Council (Fixed) – 40%;

2 Cost to Council (Variable) – 25%;

3 Expression of Interest Results – 30%;

4 Demonstrated strengthening of local economy capacity – 5%.

Mandatory Requirements:

Evidence of current Security Provider National Accreditation;

Evidence of current Master Licence Holder (Employees);

Current Client Referees.

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 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 score is considered to be the tender that best meets the requirements of the tender documents in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of the tenders.

Table 1 – Summary of Tender Assessment

Tenderer Ranking

Oztech Security Services 1

Southern Cross Protection 2

Wollongong City Security 3

NSS Group 4

Southern Cross Security 5

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Proposal

Council should authorise the engagement of Oztech Security Services to carry out Security Guard, Patrols and Monitoring across the Wollongong Local Government Area excluding the CBD assets already covered in a previous tender T11-25. Also, Oztech Security Services has a Control Centre located in Wollongong.

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

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 its behalf.

Consultation and Communication

Members of the Tender Assessment Panel consisting of representatives from City Works, Finance, Governance and Information, Property and Recreation, Planning and Environment and Corporate and Community Services;

Nominated referees;

Key stakeholders of the sites included in this tender.

Financial Implications

Last financial year actual Security Contract Service costs for these assets in total was $328,290. The tenderers fixed price is $159,812 and actual savings will be determined over the next 6 months as the variable costs are determined. Conclusion

Oztech Security Services has submitted an acceptable tender to carry out the Security Guards, Patrols and Monitoring for Wollongong City Council. Council should endorse the recommendations of this report.

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REF: CM190/12 File: 05.04.01.049

ITEM 9 PROPOSED LEASE OF 255 KEIRA STREET TO WOLLONGONG CONTEMPORARY ART SPACE INC

Property located at 255 Keira Street was acquired for addition to MacCabe Park in 1991 and has been leased to Project Contemporary Art Space Inc (Project) since 2002. The original lease has terminated and this report outlines a proposal to grant a new lease to Project for a further 5 years.

Recommendation

1 Council grant a lease of Lot 36 DP 534848, known as 255 Keira Street, Wollongong, to Project Contemporary Art Space Inc for a period of 5 years in accordance with the terms and conditions outlined in this report.

2 Authority be granted to affix the Common Seal of Council to the lease document.

Attachments

Plan showing the site and land owned by Council adjacent to MacCabe Park.

Report Authorisations

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Peter Kofod, Director Infrastructure and Works

Background

Project Contemporary Art Space (Project) is an artist co-operative which was established in 1995 to provide a facility to retain and develop artists graduating from the University of Wollongong. It was established in private commercial premises in Court Lane, Wollongong, with funding assistance from the Federal Government.

In 2002, Project approached Council to provide it with accommodation in a property Council had purchased at 255 Keira Street as part of the MacCabe Park development plan. At that time, Council agreed to provide subsidised rental at 40% of the market rent as part of the new Lease Agreement in return for social and cultural benefits that the facility would provide to the community.

Project have occupied that site since 2002 under that lease which terminated in 2009. In October 2009, approval was granted by the General Manager, under delegation, to enter into a new 5 year lease at a commencing rent of $17,850 pa which represented a 40% discount on market rent, consistent with the discount granted in the original lease by Council in 2002.

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Since 2009 Project has continually refrained from signing a new lease as it did not agree to the lease terms regarding rent payable and have remained operating on a holding-over basis only.

Council officers have been in negotiation with the Board of Project and they have sought to have the conditions varied. Based on this non-profit organisation’s ability to meet rental payment, the conditions outlined under “Proposal” have been negotiated.

In considering the merit of retaining Project at this location in lieu of renting the site commercially, Council’s Community Programs and Planning Manager was consulted and supported the retention of Project at this location as follows:

“Since its establishment in 1996, Project has presented and supported the art practices of hundreds of local artists providing opportunities for them to show and sell their work. As local artists have few commercial avenues in this region to make a living from the production of their art, Project has become a focus and hub for cultural enterprise and industry. The opportunities provided by Project have enabled artists to see the potential in continuing in their art practices locally rather than moving to Sydney and other major centres.

Over the years Project has helped nurture and establish the careers of a number of local artists who have developed reputations beyond our region. These include Paul Ryan, Anita Larkin, Tanya Stubbles, Arja Valimaki, Greer Taylor and many more.

The value Project has added to the community both from an art and cultural development perspective, as well as providing much-needed cultural activity and colour in the city, should not be under-rated.

In a cost-benefit sense, the value and return to the local artist and broader communities far outweigh the cost in rent subsidy. If the ‘real’ value of the service Project provides were to be costed, it would be in the ten’s of thousands of dollars, which makes this relatively small amount of support an extremely good value for money investment in local people, community and culture.”

Proposal

Council officers, in reviewing the audited accounts, are satisfied that Project does not have the immediate capacity to pay the rent previously proposed in 2009. The condition of the building is satisfactory for the continual occupation by Project and it is recommended that a new 5 year lease be approved on the following terms:

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Commencing date 1 August 2012

Permitted use Art Gallery and Studio Space

Term 5 years

Options n/a

Commencing rent $10,200 pa + GST

Rent review (annually) 3% pa

Lessee to hold public liability insurance in the amount of $10 million.

Lessee to insure building for plate glass replacement.

Lessee to pay all outgoings including Council land rates and charges, garbage charges, telephone, water usage, electricity and telephone charges.

Lessee to be responsible for minor maintenance of the building.

Special Conditions

Lessee to pay outstanding debt at a rate of $100 per week.

Security Bond Lessee to deposit bond of $3,000 in lieu of personal guarantors

Consultation and Communication

The matter has been subject to negotiations between Council officers and representatives of Project Contemporary Art Space.

The land is classified Operational and the proposed lease is not required to be advertised.

Planning and Policy Impact

The site is Zoned RE1 in LEP 2009 and the proposed use is permissible under that zone. There is no policy of Council that directly impacts on this proposal.

Although this site was acquired for addition to MacCabe Park, a decision on the long term future of this and other Council owned buildings which adjoin MacCabe Park has been deferred pending the development of a MacCabe Park Master Plan.

Risk Assessment

There is minimal risk to Council in resolving to proceed with this proposal.

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Financial Implications

This proposal will see the rent reduced from approximately $18,000 pa to $10,200 pa + GST.

The outstanding arrears in the amount of $6,600 will be repaid at a rate of $100 per week.

Conclusion

The proposed lease to Project Contemporary Art Space for 5 years will enable the delivery of a valuable community service trough the support of art practices of hundreds of local artists by providing opportunities for them to show and sell their work at this location.

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REF: CM191/12 File: ESP-100.04.001

ITEM 10 WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN - 2012 UPDATE

On 14 June 2006 the Wollongong City Council Section 94A Development Contributions Plan came into force. The Section 94A Plan is linked to the Wollongong 2022 Community Strategic Plan. The Works Schedule included in the Section 94A Plan is a subset of the works program expressed in the Capital Budget Delivery Program 2012-2017. This is the sixth review of the Section 94A Plan and is required as a consequence of the annual update of the Delivery Program.

An internal review of the Plan has occurred and recommends some very minor improvements. It is recommended that the draft Section 94A Plan be exhibited for community comment.

Recommendation

The Draft Wollongong Section 94A Development Contributions Plan 2012 be endorsed for public exhibition for a minimum period of twenty eight (28) days to enable community comment.

Attachments

Draft Wollongong Section 94A Development Contributions Plan (2012).

Report Authorisations

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

Background

Section 94A of the Environmental Planning and Assessment Act 1979 enables councils to apply a percentage levy on the cost of development within a specific area. These funds are then applied to new or augmented works within the collection area. A plan of works to expend these funds must be publicly exhibited and adopted. Section 94A Plans are generally used in developed areas where increased development creates a general increase in demand for services and facilities.

The City-Wide Section 94A Contribution Plan came into force on 14 June 2006. This Section 94A Plan repealed the previous twelve (12) Section 94 Plans. In January 2007 it was amended to include an additional levy for the Wollongong City Centre and renamed, “Combined City Wide and City Centre Section 94A Development Contributions Plan”. In July 2009 it was amended by further combining Part A – City Wide and Part B – City Centre and renamed “Wollongong Section 94A Development

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Contributions Plan”. The only remaining Section 94 Plan applies to the West Dapto Urban Release Area. The West Dapto Release Area Section 94 Development Contributions Plan commenced on 23 December 2010 and repealed the existing Horsley Section 94 Plan.

The Section 94A Plan requires the payment of contributions based on the value of development as follows:

• Up to $100,000 – Nil;

• 0.5% for developments with a cost of between $100,001 to $200,000;

• 1% for developments with a cost of more than $200,000; and

• 2% for developments within the B3 Commercial Core zone in the City Centre with a cost of more than $250,000 and that increases the gross floor area.

The Section 94A Plan is linked to the Wollongong 2022 Community Strategic Plan, in particular the 5 year Delivery Program, so that there is a single process and a single works schedule that governs Council’s infrastructure provision and activities. The Delivery Program is the document which provides the community with an overview of the major projects and activities proposed by Council for the next five (5) years, including the capital budget. The Delivery Program is reviewed on an annual basis and the major projects and activities are reviewed and amended accordingly. The Section 94A Plan needs to be updated annually to remain consistent with this Program.

Proposal

This report proposes that the Section 94A Plan be updated to reflect the Works Program in Council’s adopted 2012-2017 Delivery Program and to implement the recommendations identified from a review of the plan.

1 Works Program:

Council at its meeting on 25 June 2012 adopted the Wollongong 2022 Community Strategic Plan including the five (5) year Delivery Program for 2012-2017. The Delivery Program provides for $68.8m of total expenditure for which only approximately 7% or $4.56 million of funding is met by Section 94A funds for 2012-2013. The currently uncompleted or on hold remainder of items from the current 2011-2012 works schedule are also included should any be recommenced in 2012-13. It is appropriate to review and update the Section 94A Plan to reflect the current Works Program contained within the adopted Delivery Program.

The Section 94A Plan is a legislative document which is governed by the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000. One of the requirements for a contributions plan under Regulation 27(1)(h) is that a contributions plan must include a “map showing the specific public amenities and services proposed to be provided by the Council, supported by a works

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schedule that contains an estimate of their cost and staging (whether by reference to dates or thresholds)”.

In order to comply with Section 94A legislation, the items within the Works Schedule detailed in the Delivery Program for 2012-2017 which rely on Section 94A funding have been incorporated into the Detailed Works Schedule and associated Maps contained in the draft Section 94A Plan attached to this report (see Attachment 1).

2 Section 94A Plan Review

As part of each annual review of the Section 94A Plan aspects may be identified that can be improved.

The amendments made as a result of the 2011 review were detailed in the reports to Council of 21 June 2011 and 23 August 2011. They can be summarised as follows:

1 Regular annual updates resulting from the update of the Management Plan, these involve replacement of the Works Schedule, Maps and required administrative changes to various sections including the title, table of contents and formatting of the document.

2 The internal review of the Plan to improve the operation and implementation of the Plan, which included:

2.1 Numerous wording, references, formatting and other minor structure changes throughout the plan to improve or clarify aspects of the operation of the plan. This includes the addition of details of how payments can be made and the payment methods accepted.

2.2 Significant amendments to Clause 12 relating to exemptions to improve the clarity of the potential exemptions available and the submission requirements for an exemption claim to be considered. In particular the splitting of previous items h and i into four (4) separate items so exemptions for applications on behalf of Council and NSW Government (by private applicants) still require a comprehensive submission and applications directly submitted by Council and NSW Government do not.

3 Amendments relating to aspects noted in the 2011 assessment of Council’s compliance with the Independent Commission Against Corruption’s “Development Assessment Internal Audit Tool” undertaken by Deloitte. These relate to offers for Works in Kind and the approval process of requests for exemptions and deferrals to Contributions (levies) under the Plan. In particular wording for clauses 12 and 23 relating to exemptions and deferred or periodic payments was amended to ensure they are only permitted to be granted with approval of the Council Officer(s) whose position(s) hold the required Council delegations.

As a result of the significant changes adopted as part of the 2011 review there are only very minor changes proposed for the 2012 Plan. The following amendments are proposed:

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1 Amend Clause (1) by inserting after "Proposed Cost of Development" the words “(Determined in accordance with Clause 15)”.

2 Renaming of the Plan to "Wollongong Section 94A Development Contributions Plan (2012)”.

3 Replacement of the imagery on the cover page to assist in distinguishing the 2012 draft Plan from the current 2011 version.

4 Amend Clause (7) by adding 2011 version of Plan repealed by the incoming 2012 version.

5 Update Schedule 2 – Works Schedule Summary to reflect new works Schedule.

6 Update Works Schedule – Index map, maps 1 to 14 and insert maps 15, 16 and 17 to reflect details of the Works Schedule.

The title, table of contents and formatting of the document has also been updated.

Consultation and Communication

The Works Schedule in the draft 2012 Section 94A Plan has been updated in consultation with the Infrastructure Division and Finance Division.

If Council endorses the revised draft Wollongong Section 94A Development Contributions Plan it will be publicly exhibited for a minimum period of twenty eight (28) days. Copies will be available on Council’s website and at Council libraries.

Following the exhibition period, a report on submissions will be prepared for Council’s consideration.

Financial Implications

The balance at 30 June 2012 of Section 94A Contributions held was $2.384 million and forecast income for 2012-13 is approximately $1.811 million, which makes maximum available funding for 2012-13 of $4.195 million.

The proposed Works Schedule for 2012-13 is $4.556 million plus an annual allowance of $750,000 for funding potential Acquisition of Lands reserved under Wollongong Local Environment Plan 2009 should acquisition be necessary. No Section 94A funding has been necessary for acquisitions in the last two (2) financial years.

If all 2012-13 scheduled projects are to be completed then forecast income will need to increase by $361,000 or alternate funding be obtained. This will be monitored as the projects are scheduled to commence.

The 2013-17 forecast capital works will continue to be reviewed in future years, in order to match available Section 94A funding. At this time the forecast available funding appears sufficient for 87% of the 2013-17 projected Section 94A expenditure.

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Conclusion

The Wollongong Section 94A Plan is an important mechanism to assist with funding community infrastructure within the City. This report recommends that the existing Plan be updated to reflect Council’s 2012-2017 Delivery Program and minor amendments be made to improve the operation of the Plan.

It is recommended that the amended draft Plan be exhibited for community comment.

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REF: CM192/12 File: IW-005.01.25.001

ITEM 11 PROPOSED COMPULSORY ACQUISITION OF SPLAY CORNER AT LOT 1 DP 153250 NO 3 WEST DAPTO ROAD, KEMBLA GRANGE

As part of the West Dapto Initial Access Strategy, Council has identified that a splay corner at Lot 1 DP 153250 No 3 West Dapto Road, Kembla Grange needs to be acquired to facilitate improvement works at the intersection of the Princes Highway and West Dapto Road at Kembla Grange.

An offer was made to the owner of the property in November 2011 to acquire the land and following repeated requests he has responded to Council’s offer, much greater than the assessed value.

In order to progress the acquisition, this report seeks Council approval to the compulsory acquisition of the land.

Recommendation

1 Pursuant to Section 177 of the Roads Act 1993, Council make application to the Minister for Local Government and the Governor for the compulsory acquisition of a splay corner at Lot 1 DP 153250 No 3 West Dapto Road, Kembla Grange, as shown on the attachment to this report.

2 If agreement is reached with the owner of the land prior to the compulsory acquisition application being finalised, authority be granted to the General Manager to finalise the negotiations.

3 Upon acquisition, the land be dedicated as public road in accordance with Section 10 of the Roads Act 1993.

4 Authority be granted to affix the Common Seal of Council to the compulsory acquisition documents and any other documents required to give effect to this resolution.

Attachments

Plan showing land to be acquired at Lot 1 DP 153250 No 3 West Dapto Road, Kembla Grange

Report Authorisations

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Peter Kofod, Director Infrastructure and Works

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Background

As part of the West Dapto Initial Access Strategy, it has been identified that a splay corner needs to be acquired from Lot 1 DP 153250 No 3 West Dapto Road, Kembla Grange to facilitate improvement works at the intersection of the Princes Highway and West Dapto Road at Kembla Grange.

No 3 West Dapto Road is zoned IN2 Light Industrial with improvements comprising a main dwelling, residential flat, stables, awnings and carport. The area of land proposed to be acquired is 34.5 sq m and is located on the outside of the fence that runs around the north-eastern corner of the property. The acquisition will not impact on the existing improvements on the site.

A market valuation of the subject splay corner was obtained and an offer was made to the owner of the property in November 2011 to acquire the land. Following repeated requests the owner has responded to Council’s offer, with a request much greater than the assessed value.

As the programming of the construction works for the intersection is becoming critical, it is essential that progress be made on this acquisition. Therefore, it is considered appropriate that an application for compulsory acquisition be made to the Minister for Local Government and the Governor.

Proposal

Pursuant to its powers under Section 177 of the Roads Act 1993, it is proposed that Council initiate action under the Land Acquisition (Just Terms Compensation) Act 1991 to acquire part of Lot 1 DP 153250 No 3 West Dapto Road, Kembla Grange and upon acquisition, dedicate the land as public road in accordance with Section 10 of the Roads Act 1993.

The acquisition of the land will allow Council to undertake improvement works at the intersection of the Princes Highway and West Dapto Road, Kembla Grange.

In the interim, Council officers will endeavour to negotiate an agreement for the acquisition. If this is achieved, the compulsory acquisition will not be necessary.

Consultation and Communication

The owner of No 3 West Dapto Road, Kembla Grange

Special Project Manager – West Dapto Initial Access Strategy

Walsh and Monaghan, Valuers

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Planning and Policy Impact

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

Financial Implications

The valuation by Walsh and Monaghan assessed the amount of compensation payable and formed the basis of Council’s offer.

In the event that the land is acquired by compulsory acquisition without agreement with the landowner, the compensation will be determined by the Valuer General in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. Council is legally obliged to pay this amount, along with all other costs including valuation and legal costs, unless the owner lodges an objection with the Land and Environment Court.

Conclusion

As the splay corner is an integral component of the proposed works at the intersection of the Princes Highway and West Dapto Road, it is recommended that the compulsory acquisition of the land be approved.

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REF: CM193/12 File: IW-005.04.25.009

ITEM 12 PROPOSED NEW LEASE OF AIRSPACE FOR BALCONY STRUCTURE FRONTING 12 DAISY STREET, LOT 2 DP 506422, FAIRY MEADOW

The current proprietors of 12 Daisy Street, Fairy Meadow, have requested to enter into a Lease Agreement with Council for airspace over road reserve for a balcony structure.

This report outlines the details of this proposal and seeks Council’s approval to the Lease.

Recommendation

1 Council authorise the lease of airspace for a balcony structure to the proprietors of 12 Daisy Street, Fairy Meadow, for a period of 10 years as required under Section 149 of the Roads Act,1993 and in accordance with the terms outlined in this report.

2 Authority be granted to affix the Common Seal of the Council to the Lease documents.

Attachments

Site Plan

Report Authorisations

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Peter Kofod, Director Infrastructure and Works

Background

DA-2001/204 gave consent for a balcony structure to be erected over road reserve fronting 12 Daisy Street, Fairy Meadow. A requirement of the development consent is that the proprietors of this property enter into a Lease Agreement with Council for airspace.

Pursuant to Section 149 of the Roads Act, 1993, Council can grant a Lease up to and not exceeding 99 years. A Lease of 10 years has been negotiated between Council and the proprietors.

A market rental valuation was carried out on 26 June 2012 by Walsh & Monaghan Valuers with a recommendation of $500 pa (GST exclusive). It is proposed that the Lease be for a period of 10 years and review of fee annually in accordance with CPI and review to market expiry of Year 5.

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Proposal

Subject to Council approval 10 year Lease of airspace is proposed with the significant terms and conditions detailed in the following:

Lessees: The Proprietors

Area to be leased: Airspace above road reserve fronting 12 Daisy Street, Lot 2 DP 506422, Fairy Meadow for balcony structure and supporting columns, as shown on the attached plan.

Term: 10 Years

Permitted Use: Use of awning as terrace for balcony seating on the first floor.

Rent: $500 per annum, GST exclusive (as per market rental valuation)

Review of Fee: Review annually in accordance with the Consumer Price Index All Groups Sydney with review to market at the expiry of Year 5.

Goods & Services Tax: Lessees will be liable for goods and services tax in respect of the lease fee.

Outgoings: The Lessees to be responsible for all Council rates and charges including all Sydney Water rates and charges, electricity, gas and other charges whatsoever relating to the area leased.

Special Conditions: The Lease is subject to compliance with the conditions of Development consent DA-2011/204.

Insurance: The Lessees to affect Public Liability Insurance for a minimum of $10 million.

Maintenance: The Lessees will be responsible for all maintenance and repairs including structural maintenance and repairs to the Leased Area.

Legal Costs: Lessees to pay all legal costs including Council’s costs and Valuation fee, in the preparation and completion of the Lease Agreement.

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Consultation and Communication

City Planning

Walsh and Monaghan Valuers

Planning and Policy Impact

The granting of a Lease is a condition of Development Consent DA-2001/204 and consistent with the Commercial Leases of Council Land, Buildings and Airspace above Roads Policy of Council.

Risk Assessment

Minimal risk is advised due to the Lease requirements of the Lessees to be responsible for all maintenance and repairs including structural maintenance of the leased area. The Lessees are also required to affect Public Liability Insurance for a minimum of $10 Million and comply with all conditions of Development Consent DA-2001/204.

Financial Implications

Income of $500 (GST exclusive) will be obtained in the first year of the Lease with CPI increases over the ten (10) year term of the Lease including another market rental valuation at the end of Year 5. The Lessees will also pay a valuation fee as per Council’s Fees and Charges of $1,100 (GST inclusive) and all legal costs involved in the preparation of the lease.

Conclusion

The granting of the lease will ensure compliance with Development Consent DA-2001/204 for the premises located at 12 Daisy Street, Fairy Meadow and will ensure Council receives market rental for the airspace.

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REF: CM194/12 File: OSI-25.007

ITEM 13 WOLLONGONG NIGHT AT PARLIAMENT HOUSE - 6 SEPTEMBER 2012

The Minister for the Illawarra, The Hon. Greg Pearce MLC, and the Lord Mayor are co-hosting a Wollongong night at Parliament House on the 6th September 2012.

This report outlines the event and recommends authorisation of accommodation for Councillors who wish to attend and conduct Council business the next day in Sydney.

Recommendation

Council note the event to be held on the 6th September 2012 and endorse one night’s accommodation for Councillors who wish to attend this event and conduct Council business in Sydney the next day.

Attachments

There are no attachments for this report

Report Authorisations

Report of: Wendy Fogarty, Executive Officer to Lord Mayor Authorised by: David Farmer, General Manager

Background

The Wollongong Night at Parliament House, Sydney on the 6th September is an Advantage Wollongong event. The event is hosted by the The Hon. Greg Pearce MLC, Minister for Finance and Services, and Minister for the Illawarra, together with the Lord Mayor of Wollongong, Councillor Gordon Bradbery OAM.

This event will provide an evening to explore Wollongong as a place to invest and do business as part of Council’s economic development initiatives. A wide range of stakeholders will be present at this event which includes Councillors, Economic Development Advisory Board Members, Business Leaders and a selection of Council Officers.

Proposal

With Councillors staying overnight in Sydney it provides them with the flexibility and opportunity to maximise their time in Sydney and, if required, conduct additional Council business the following day in Sydney.

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Consultation and Communication

The Lord Mayor and the General Manager have been consulted in the preparation of this report.

Planning and Policy Impact

The Payment of Expenses and the Provision of Facilities to Lord Mayor and Councillors Policy has been considered in the preparation of this report due to overnight accommodation being requested by some Councillors.

Financial Implications

Overnight accommodation in Sydney will incur the following cost which is provided for in the current 2012/2013 Budget:

One night’s accommodation per Councillor $220 incl GST

Accommodation bookings will be co-ordinated through the Lord Mayor’s Office for those Councillors interested in staying overnight in Sydney.

Conclusion

Overnight accommodation in Sydney on the evening of the 6th September for Councillors is optional and recommended.

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REF: CM195/12 File: OSI-55.004

ITEM 14 JUNE 2012 QUARTERLY REVIEW STATEMENT

The June 2012 Quarterly Review Statement reports on progress towards the achievement of Council’s Strategic Directions 2011-14 and Management Plan 2011-14. It addresses the financial and operational performance of Council for the fourth quarter of the 2011-12 financial year.

Recommendation

1 The June 2012 Quarterly Review Statement be adopted

2 The financial statement as at 30 June 2012 be adopted and revised totals of income and expenditure be approved and voted.

Attachments

June 2012 Quarterly Review Statement

Report Authorisations

Report of: Kerry Hunt, Manager Organisational Strategy and Improvement (Acting) Authorised by: Greg Doyle, Director Corporate and Community Services

Background

Council’s Quarterly Review Statement reports on the operational and financial performance of Council’s Management Plan 2011-14. The Quarterly Review Statement presents an update to Council and the community on the progress of major projects and significant achievements for the quarter. Some of the highlights for this quarter include the delivery of an Integrated Planning and Reporting Framework under the Local Government Amendment (Planning and Reporting) Act 2009. At its meeting on the 25 June 2012 Council endorsed the finalised documents for Wollongong 2022. This includes the Wollongong 2022 Community Strategic Plan, Delivery Program 2012-17, Annual Plan 2012-13 (Delivering 2022) and Resourcing Strategy 2022. Completion of this project is a significant achievement for Council and is the first time that Council has in place a fully integrated suite of plans. These plans have been developed with significant community consultation throughout 2011 and 2012.

Council has been successful in applying for a number of grant applications. This includes a $150,000 grant application to the Federal Government’s Community Energy Efficiency Program. Funds will be used to replace exterior lighting fitted to the Southern Gateway Centre at Bulli Tops with more energy and maintenance efficient fixtures. Council was successful in securing $5M toward the refurbishment of the Crown Street Mall from the latest round of grants from the Regional Development Australia Fund.

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In addition, on 30 June, Council was notified that it was successful in an application for a $13.9m grant under the Australian Government's Building Better Regional Cities program for road and bridge upgrades in the West Dapto Urban Release.

The installation of a regional playground at Thirroul Beach Reserve was also completed this quarter. The $440,000 regional playground and artwork components were designed in consultation with local children and their parents. The opening of the playground was well received and the site has experienced increased visitation rates.

Council achieved its operational savings target of $2.4M for 2011-12 in the March 2012 quarter. During the June 2012 quarter there has been a range of operational savings and additional income that are reflected as an improvement of $2.2M in the underlying end of year of result.

The Quarterly Review Statement also includes key performance indicators which track the overall health of the organisation and key results for targeted service areas. The Quarterly Review Statement presents an overview of how Council is tracking against its budgets and expenditure, a summary of Council’s financial situation for the quarter including budget, capital budget and expenditure.

Consultation and Communication

All members of the Executive and Senior Management have had input into the production of the June 2012 Quarterly Review Statement.

Planning and Policy Impact

This document reports on the achievement of the Strategic Directions 2011-14 and the principal activities outlined in the Management Plan 2011-14. It complies with the requirements of the Local Government Act.

With the Local Government Act (Planning and Reporting) Amendment, and the finalisation and adoption of the Wollongong 2022 Strategic Management Plans at the Council meeting on the 25 June 2012 work is currently underway on new reporting requirements for 2012/13 onwards. The first of these reports will be the September Quarterly Review Statement to be presented in November 2012.

Financial Implications

The preliminary and pre-audit results indicate a positive outcome against original budget and a range of varying results against the revised budget for financial year ending 30 June 2012. The results presented at this stage are still subject to change pending finalisation of the asset capitalisation process, joint venture insurance pool valuation and any changes agreed through the independent audit process.

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Conclusion

This Quarterly Review Statement has been prepared following input and assistance from all Divisions within the organisation. It is submitted for consideration by Council.

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REF: CM196/12 File: FI-914.05.001

ITEM 15 JULY 2012 FINANCIALS

The July 2012 financial reports show a positive result compared to phased budget.

The Operating Result [pre capital] shows a $2.1M favourable variance against the year to date budget. The better than anticipated results compared to phased budget are due to timing of operational grants and contribution of income, progress of projects and general impact of phasing of budget. The year to date budget has been phased using a combination of month end cut off dates, prior year patterns and specific timing where available. This may not reflect actual expenditure patterns and can create some distortion, particularly in the early months of the year. These patterns will be refined through the coming months.

The Funds (cash) result for July shows a favourable variance of $0.9M.

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

Council has expended $1.3M on its capital works program for the year. The phasing of the capital works program is currently under review and will be completed for August reporting.

Recommendation

The report be received and noted.

Attachments

1 Income, Expense and Funding Statements – July 2012 2 Balance Sheet – July 2012 3 Cash Flow Statement – July 2012

Report Authorisations

Report of: Brian Jenkins, Manager Finance Authorised by: Greg Doyle, Director Corporate and Community Services

Background

This report presents the Income, Expense and Funding Statements, Balance Sheet and Cash Flow Statement for 27 July 2012. The financial statements and analysis indicate that Council continues to maintain a strong financial position with substantial assets and strong liquidity (short to medium term). Council’s financial performance compared to the phased budget is better than anticipated. The following table provides a summary view of the organisation’s overall financial results for the year to date.

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Original YTD YTD

Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 27-Jul 27-Jul

Operating Costs $M (237.7) (18.3) (16.9) 1.4

Operating Revenue $M 209.9 15.4 16.2 0.7

Operating Result [Pre Capital] $M (27.8) (2.8) (0.7) 2.1

Capital Grants & Contributions $M 12.3 0.8 1.0 0.3

Operating Result [Post Capital] $M (15.5) (2.1) 0.3 2.4

Operational Funds Available for Capital $M 24.2 1.9 2.8 0.9

Capital Works 68.8 1.3 1.3 (0.0)

Contributed Assets -

Funded from:

- Operational Funds $M 24.2 0.4 0.4 -

- Other Funding $M 34.4 0.9 0.9 -

Total Funds Surplus/(Deficit) $M (10.3) 1.6 2.5 0.9

FORECAST POSITION

Financial Performance Year to Date

Council’s budget projects a Total Funds (cash) deficit of $10.3M for year ending 30 June 2013 and an Operating Deficit (pre capital) of $28.0M.

The results for July 2012 are positive over a range of financial indicators although it is difficult to draw conclusions from results in the first period. The Operating Result [pre capital] shows an improvement compared to phased budget that is due to timing of operational grants and contributions lower than budgeted employee costs and general progress of projects. The Funds result is similarly favourable although excludes the impact of timing of grant income.

Liquidity

Council’s cash and investments position decreased in July 2012 to holdings of $74.2M largely due to the payment of accumulated creditors at 30 June 2012 and reduced cash flows that occur during July. This has been partially offset by additional grants that were received in late June that included $6M ‘Building Better Regional Cities’ Program Grant. Council’s cash, investments and available funds positions for the reporting period are as follows:

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Actual Actual Original Budget*

Total Cash and Investments $M 90.7 74.3 67.0

Less Restrictions:External $M 42.3 43.5 30.8 Internal $M 19.0 19.3 16.3

Available Cash $M 29.4 11.4 20.0

Adjusted for :Current payables $M (25.1) (15.9) (21.4)Receivables $M 18.5 30.0 20.8

Available Funds $M 22.8 25.5 19.3

30 June 2012

* The Original Budget has been revised to reflect the end year result for 2011/12 and the reintroduction of the delayed land sale into 2012/13. This will not agree with the Balance Sheet projections until these changes are processed in the 2012/13 Budget.

30 June 2013

CASH, INVESTMENTS & AVAILABLE FUNDS

27 July 2012

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 figures at 30 June 2012 the target was between $7.6M and $12M. This is primarily due to improvements reported at year end 2011/12 and the additional capacity that is currently being retained through the planning process for 2012/13. On completion of the deferred land sale, that reduced last years position, the additional capacity expressed in the current plans should increase to approximately $8.8M. This opportunity will be further analysed and discussed with Council during the year.

Council’s cash and investments outperformed the benchmark during July, primarily due to positive valuations on the marked to market portion of Council’s portfolio. The weighted average return for July was 5.88% (annualised) compared to the benchmark return of 3.50% (annualised UBS Warburg Bank Bill Index).

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 below the Local Government Benchmark of >2:1, the strategy is to maximise the use of available funds for asset renewal by targeting a lean unrestricted current ratio.

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Unrestricted Current Ratio

-

0.50

1.00

1.50

2.00

2.50

Ra

tio

Monthly Result 2.16 - - - - - - - - - - -

Target 1.56 1.56 1.56 1.56 1.56 1.56 1.56 1.56 1.56 1.56 1.56 1.56

J A S O N D J F M A M J

Receivables

Receivables are the amount of money owed to Council or funds paid in advance. Non current rates debtors are included in this amount to measure Available Funds. At July 2012 Receivables totalled $30.0M, compared to receivables of $18.5M at July 2011. The major fluctuations relate to the timing of rates payments which are accrued for July before the actual payments are due, and a high level of prepayments (shown as other on the balance sheet) reflecting annual payments made in advance.

Payables

Payables (the amount of money owed to suppliers) of $15.9M were owed at July 2012 compared to payables of $25.1M in June 2011. This decrease reflects the end of year payments made during July. The majority of payables relate to goods and services and capital projects delivered but not yet paid for. Council has continued to improve its performance in paying its creditors on time during this financial year, with 96% of payments being made on time in July 2012 compared to the target of 85%.

Debt

Council continues to have financial strength in its low level of borrowing. In the recent past, Council had only borrowed, predominantly through finance leases, to acquire its operating plant. This practice was changed and the final lease will be repaid at maturity early in 2012/13.

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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.

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. Council’s low level of debt means that Council’s Debt Service Ratio at the end of 2011/12 was 1.47%. This is exceptionally low in comparison to the Local Government’s benchmark ratio of <10% and also compares favourably to Council’s own longer term target of <2%. 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 July 2012. The 2012/13 budget had a revised capital works program of $68.8M that included projects such as the West Dapto Access Strategy, the Crown St Mall upgrade, refurbishment of the Wollongong Bathers’ Pavilion, Whytes Gully new landfill cell, Blue Mile works, other civil asset renewals including roads, car parks and buildings and purchase of library books and planning for the Grand Pacific Walk and Southern Suburbs Skate facility.

At 27 July 2012, Council recorded capital expenditure of $1.3M.

Conclusion

The results for July 2012 are positive over a range of financial indicators and it is expected that Council will achieve the projected Total Funds result

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REF: CM197/12 File: FI-914.05.001

ITEM 16 STATEMENT OF INVESTMENTS - JULY 2012

This report provides an overview of Council’s investment portfolio performance for the month of July 2012.

Council’s average weighted return for July 2012 was 5.88% which was above the benchmark return of 3.50%. The result was primarily due to high yielding term deposits and positive valuations on the marked to market portion of Council’s portfolio The remainder of Council’s portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity.

Recommendation

Council receive the Statement of Investments for July 2012.

Attachments

Statement of Investments – July 2012

Report Authorisations

Report of: Brian Jenkins, Manager Finance Director: Greg Doyle, Director, Corporate and Community Services

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 Division of Local Government guidelines, Council has adopted an Investment Policy which was endorsed by Council on 21 June 2011. The Investment Policy provides a framework for the credit quality, institutional diversification and maturity constraints which Council’s portfolio can be exposed to. Council’s investment portfolio is controlled by Council’s Finance Division and external investment advisors, Oakvale Capital Limited, to ensure compliance with the Investment Policy. Council’s Governance Committee 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 Statement 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.

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Council’s investment holdings as at 27 July 2012 were $73,645,152 (Statement of Investments attachment) [29 July 2011 $66,825,606].

During July, Council posted a weighted average return of 5.88% (annualised) compared to the benchmark return of 3.50% (annualised UBS Warburg Bank Bill Index). Interest and investment revenue of $360,971 was recognised in the reporting period which compared to a phasing budget of $221,459. Council’s above benchmark investment portfolio returns were primarily due to the strong performance of high yielding term deposits and positive valuations on the marked to market portion of Council’s portfolio.

Council’s CBA Zero Coupon Bond experienced an increase in valuation of $23,280 for July. As this bond gradually nears maturity, movements in interest rates 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.

The two Mortgaged Backed Securities (MBS) increased in value by $34,090, while Council’s Westpac floating rate note increased in value by $3,700 for July. The NSW T-Corp Long-Term Growth Facility recorded a decrease in value of $1,652 during July. These fluctuating variations are a reflection of the current sharemarket volatility both domestically and internationally.

Following its July and August 2012 meetings, the RBA decided to leave Australia’s official cash rate unchanged at 3.50%, driven almost solely by overseas factors, including: the slowdown in China, falling commodity prices, volatile share markets and businesses continuing to exhibit a precautionary behaviour. Interest rates for borrowers have declined to be a little below their medium-term averages and inflation is expected to be in the 2–3 per cent range.

The financial crisis in Europe continues to be very difficult and will remain a potential source of adverse shocks for some time. Conditions are still impacting heavily on international borrowing costs for domestic banks, and the low risk attitude has seen long term interest rates declined to exceptionally low levels.

This report complies with Council’s Investment Policy which was endorsed by Council on 21 June 2011. Council’s Responsible Accounting Officer has signed the complying Statement 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.

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REF: CM198/12 File: IW-909.008

ITEM 17 MINUTES OF THE CITY OF WOLLONGONG TRAFFIC COMMITTEE MEETING HELD 8 AUGUST 2012

A meeting of the City of Wollongong Traffic Committee was held on 8 August 2012. The minutes (Item 20) in relation to Regulation of Traffic which must be determined by Council are presented.

With respect to the City of Wollongong Traffic Committee minutes of 8 August 2012:

Items 1 - 19, and 21 – 30 have been adopted by Council through delegated authority. Item 20 recommends Council approve the temporary regulation of traffic on public roads for road works or events by independent parties.

Recommendation

In accordance with the powers delegated to Council, the minutes and recommendations of the City of Wollongong Traffic Committee held on 8 August 2012 in relation to Regulation of Traffic be adopted.

Attachments

There are no attachments for this report.

Report Authorisations

Report of: Glenn Whittaker, Manager Infrastructure (Acting) Authorised by: Peter Kofod, Director Infrastructure & Works

Background

WOLLONGONG 20 Closures for Harbour and Crown Streets and Marine Drive – Southern Stars

Event at Wollongong Entertainment Centre – 29 August 2012 to 1 September 2012. TMP ref: Z12/145084

Background: The Annual Schools Event – Southern Stars is to be held at the Wollongong

Entertainment Centre on Wednesday 29 and Thursday 30 August (rehearsals), with performances on Friday 31 August, and Saturday 1 September 2012. The submitted traffic management plan proposes:

a) 29 August 2012 - event coach parking on the Harbour Street frontage to the

WEC;

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b) 30 August, 31 August 2012 and 1 September 2012 – event coach parking on Harbour Street at the WEC, temporary bus zones in Harbour Street adjacent to St Francis Xavier Cathedral, and road closures for Crown and Harbour Streets and Marine Drive.

PROPOSAL SUPPORTED (UNANIMOUSLY):

The road closures for Harbour and Crown Streets and Marine Drive be approved in accordance with the submitted traffic management plan and Council’s standard conditions for road closures.

p-

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MINUTES ORDINARY MEETING OF COUNCIL

at 6.00 pm

Monday 13 August 2012

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

In Attendance General Manager – D Farmer, Director Corporate and Community Services – G Doyle, Director Infrastructure and Works – P Kofod, Director Planning and Environment – 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 Regulation and Enforcement – J Nicol, Manager City Works – K Mondal

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Minutes of Ordinary Meeting of Council 13 August 2012

INDEX PAGE NO.

Disclosures of Interest ............................................................................................. 1

Confirmation of Minutes of Ordinary Council meeting held on 23 July 2012 ............................................................................................................ 1

Public Access Forum – Helensburgh Town Vision .................................................. 2

Public Access Forum – Draft Planning Proposal - Warrigal Care - 208-212 Corrimal Street, 25 Beach Street and 1 Beach Street, Wollongong ............................................................................................................. 2

Public Access Forum – Enforcement Action – 159 Walker Street, Helensburgh ............................................................................................................ 3

Proposed Lease of the Port of Port Kembla and the completion of the Maldon-Dombarton Rail Link ................................................................................... 4

ITEM A Helensburgh Town Plan (CM179/12) ...................................................................... 4

Additional Item – Community Town Visioning Workshops....................................... 5

ITEM B Councillor Connor - F6 Freeway Extensions and the West Dapto Access Strategy (CM163/12)................................................................................... 5

ITEM C Councillor Petty - Helensburgh Town Vision (CM164/12)........................................ 6

Call of the Agenda................................................................................................... 8

ITEM 1 Endorsement of Waste and Resource Recovery Strategy 2012-2022 (CM166/12) ............................................................................................................. 8

Adjournment of Meeting .......................................................................................... 9

ITEM 2 Proposed Acquisition of Lot 157 DP 1165973 Reddalls Road, Kembla Grange for Addition to Whytes Gully Waste Disposal Depot (CM167/12) ............................................................................................................. 9

Suspension of Standing Orders............................................................................... 9

ITEM 3 Draft Planning Proposal for Warrigal Care at 208-212 Corrimal Street (Lots 35, 36 and 37 DP 19969), 25 Beach Street (Lots A, B and C DP 401196) and 1 Beach Street (Lot 38 DP 19969), Wollongong (CM165/12) ............................................................................................................. 10

ITEM 4 Amendment to the 2011 Generic Plan of Management for Community Land by adding the Mt Keira Summit Park Kiosk/Restaurant as an Area of General Community Use (CM168/12)......................................................... 12

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Minutes of Ordinary Meeting of Council 13 August 2012

PAGE NO.

ITEM 5 Lease and Licence of Telecommunications Facility to Optus Mobile Pty Limited at Mt Keira Telecommunications Tower (CM172/12)............................ 13

ITEM 6 Motions to Local Government Association Conference – Dubbo (29 – 31 October 2012) (CM177/12)........................................................................ 14

ITEM 7 Lease of Suite 5 Kembla Terraces, 74 Kembla Street, Wollongong to Wollongong Financial Services Pty Ltd (CM171/12) ............................................... 15

ITEM 8 Proposed Acquisition of Splay Corner at Lot 2 DP 584467 No 177 Princes Highway, Helensburgh (CM173/12)............................................................ 15

ITEM 9 Proposed Easement over Lot 203 DP 631544 Tannery Street, Unanderra (CM175/12)............................................................................................ 16

Additional Item – Traffic Circulation Issues – Woolworths and adjacent Carpark Tannery Street Unanderra........................................................... 16

Extension of Meeting Time ...................................................................................... 16

ITEM 10 Tender T12-12 - Provision of Valuation Services to Council (CM174/12) ............................................................................................................. 17

ITEM 11 Quarterly Report on Development Applications involving Variations to Development Standards (CM176/12) ...................................................................... 17

ITEM 12 Review of Council's Investment Policy (CM169/12) ................................................ 17

ITEM 13 June 2012 Financials (CM170/12)........................................................................... 18

ITEM 14 Minutes of the City of Wollongong Traffic Committee meeting held 11 July 2012 (CM178/12) ........................................................................................ 18

ITEM 15 Enforcement Action - 159 Walker Street, Helensburgh (CM180/12) ....................... 11

ITEM 16 CLOSED SESSION - Proposed sale of various lots at Flinders, Keira and Campbell Streets, Wollongong (CM162/12) ............................. 19

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Minutes of Ordinary Meeting of Council 13 August 2012 1

Minute No.

DISCLOSURES OF INTEREST

Councillor Petty declared the following conflicts of interest –

1 A pecuniary interest in Item 15 as he owns property located within 200 metres of the site which is the subject of the report. Councillor Petty advised that he would absent himself from the Chambers during discussion and voting on the matter.

2 A non-pecuniary, non-significant interest in Items A and C as he is a resident of Helensburgh.

Councillor Blicavs declared a non-pecuniary, non-significant conflict of interest at Item C as she is employed by the International Association for Public Participation Australasia Affiliate which is mentioned in the background information provided by Councillor Petty.

Councillor Martin declared a non-significant, non-pecuniary conflict of interest in Item 3 on the basis of her employment with the Department of Planning, Wollongong.

Manager Environmental Strategy and Planning, Mrs R Campbell, declared a pecuniary conflict of interest in Item 3 as she lives within 200 metres of the site. She advised that she has had no involvement during the assessment of the proposal and will leave the Council Chambers during discussion and voting on the matter.

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF

COUNCIL HELD ON MONDAY, 23 JULY 2012

196 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that the Minutes of the Ordinary Meeting of Council held on Monday, 23 July 2012 (a copy having been circulated to Councillors) be taken as read and confirmed.

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PUBLIC ACCESS FORUM – HELENSBURGH TOWN VISION

Mr W Erwin was supportive of the Helensburgh Town Vision proposal and felt that the vision would empower the community and provide the opportunity to develop a process which can be used for all communities to develop their own town plan. With respect to Town Plans, Helensburgh had been 5th on the list, however, has now slid down to 9th. He noted that Council did not have the funds or resources to undertake all Town Plans and the delays are getting longer. Mr Erwin said that the major advantage of the proposed Helensburgh Town Vision would be that the community would own the plan.

Mr Erwin also requested that Stanwell Park and Coalcliff be moved into the Neighbourhood Forum 1 boundary as these suburbs are part of the 2508 community. Also, any activity of Council that relates to the community or community engagement be listed, well ahead of time, on Council’s community calendar.

PUBLIC ACCESS FORUM – DRAFT PLANNING PROPOSAL WARRIGAL CARE – 208-212 CORRIMAL STREET, 25 BEACH STREET AND 1 BEACH STREET, WOLLONGONG

Mr E Stevenson addressed the meeting in support of the Warrigal Care proposal. He has lived at Warrigal Care’s retirement village “The Figtrees” at Figtree for the past 16 years and was supportive of Warrigal Care’s proposed service expansion at the corner of Corrimal and Beach Streets, Wollongong as he was interested in relocating to this new facility. The new facility will enable him to transition to higher levels of care, which is not available at The Figtrees. Without being able to access this new service in Wollongong he would need to relocate to Shellharbour when the time comes for him to receive nursing home care. He also felt strongly about maintaining his ability to choose where he lives and who will care for him.

Mr Stevenson said that Warrigal Care’s proposed Wollongong service expansion will enable him to live on a level site where he can walk to the shops, Wollongong Golf Club and the beach. In conclusion, he advised that there are over 70 people on Warrigal Care’s waiting list who have expressed a desire to live with Warrigal Care at this new location.

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Minute No.

PUBLIC ACCESS FORUM – ENFORCEMENT ACTION – 159 WALKER STREET, HELENSBURGH

Ms P Lacelles-Smith asked how long this saga will be allowed to continue and what was the message being sent to the community. She advised that the modification to development consent was placed on exhibition in December 2011, however wrong information showing a larger area than was originally granted was on display. The new development application proposes environment protection works, after 20 years of degradation.

Over the past 10 years, neighbours and areas up to 10 kilometres away have had to put up with noise and dust pollution. She also noted that Council staff have recently discovered illegal activities on an adjoining property at 169 Walker Street. In conclusion, Ms Lacelles-Smith requested Council make a decision and show the community what good enforceable action is about, that is, that Council will not set a precedent for others to legitimise unlawful activities.

Mr J Burrell advised that since Council’s meeting of 23 July 2012, the works promised to be carried out by the Blackwell Brothers on adjoining land has taken place. Two applications have been lodged, one being for modification of the current consent and the other being a separate development application for environmental works. Mr Burrell advised that there will be two further applications; one for the relocation of two existing demountable buildings which operate as the office and staff facilities; the other is a building certificate application for the second dwelling and there is no development application at this stage as it was difficult to establish the best use for the building.

Mr Burrell said that the 1983 development consent is expressed in very basic, almost rudimentary terms, and relies on implied terms which gives rise to ambiguity and uncertainty. Also, environmental consultants and hydraulic engineers have thoroughly investigated for Blackwells and found no soil or water contamination and generally endorsed the management practices including runoff sedimentation controls. The EPA has produced no evidence of alleged sediment water contamination.

DEPARTURE OF COUNCILLOR

Due to an earlier disclosure of interest, during questions of Mr Burrell Councillor Petty departed the meeting, the times being from 6.25 pm to 6.27 pm.

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PUBLIC ACCESS FORUM – PROPOSED LEASE OF THE PORT OF PORT KEMBLA AND THE COMPLETION OF THE MALDON-DOMBARTON RAIL LINK

Dr P Laird advised that during the 1980s, Council worked to secure a grain terminal for Port Kembla. The recent proposal of the NSW Government to package Port Kembla with Port Botany and then to lease the two ports without resolution of completion of the Maldon-Dombarton rail link could cost employment and growth within the City of Wollongong. On the other hand, if Port Kembla remains in public hands or is leased separately from Port Botany and the Maldon-Dombarton link is completed, there would be much improved prospects for regional growth.

In conclusion, Dr Laird asked Council to consider strengthening its earlier resolution to ensure any lease of Port Kembla is separate to Port Botany, and includes completion of the Maldon-Dombarton rail link. He also asked Council to consider forming a Port Kembla Task Force and/or publish an issues paper and/or actively support the Save Our Port Committee.

197 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that all speakers be thanked for their presentation and invited to table their notes.

ITEM A LORD MAYORAL MINUTE - HELENSBURGH TOWN PLAN

198 RESOLVED on the motion of Councillor Bradbery that –

1 Council call for a report on the prospects of bringing forward the Town Plan for Helensburgh in the context of the current schedule and a proposed timeframe.

2 The report be submitted to the Council meeting on 8 October 2012.

Variation The variations put forward by –

1 Councillor Kershaw to add the words ‘and a proposed timeframe’, and,

2 Councillor Colacino – Part 2 of the resolution,

were accepted by Council.

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

Against Councillors Merrin and Petty

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ADDITIONAL ITEM – COMMUNITY TOWN VISIONING WORKSHOPS

199 MOVED Councillor Curran seconded Councillor Kershaw that a report be submitted on strategies, possibilities and costs for community town visioning workshops involving Community Development Officers to encourage community empowerment and community-led action to achieve their visions for where they live.

An AMENDMENT was MOVED by Councillor Blicavs seconded Councillor Martin that –

1 A report be submitted on strategies, possibilities and costs for community town visioning workshops involving Council Officers and experts in this field to encourage community empowerment and community-led action to achieve their visions for where they live.

2 Councillors receive a briefing on current best practice for community engagement processes particularly in relation to town planning.

The AMENDMENT on being PUT to the VOTE was LOST.

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

Crasnich, Curran, Petty and Bradbery The MOTION was PUT and CARRIED UNANIMOUSLY.

ITEM B NOTICE OF MOTION - COUNCILLOR CONNOR -

F6 FREEWAY EXTENSIONS AND THE WEST DAPTO ACCESS STRATEGY

200 RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Curran that -

1 As a matter of urgency, Council write to the Minister for Roads and Ports, The Hon Duncan Gay MLC, concerning the immediate upgrade of the F6 Freeway between Masters Road, Coniston and Lake Entrance Road, Shellharbour and specifically:

a Construction works to augment the north-facing exit and on-load (entry) ramps at Fowlers Road;

b The construction of south-facing exit and on-load (entry) ramps at Emerson Road;

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c The widening of the F6 between Fowlers Road and Northcliffe Drive;

d The construction of the northbound Masters Road off-ramp connection; and

e The urgent construction of the Albion Park bypass.

2 Council also write to the Federal Government requesting that it match any funding provided by the State Government for the Albion Park bypass.

3 Council provide copies of the above letters to the South East Australian Transport Strategy to assist with lobbying the State and Federal Governments.

Variation The variations put forward by –

1 Councillor Crasnich (Part 2 of the motion), and

2 Councillor Bradbery (Part 3 of the motion),

were accepted by Council. ITEM C NOTICE OF MOTION - COUNCILLOR PETTY - HELENSBURGH

TOWN VISION

MOVED Councillor Petty seconded Councillor Curran that –

1 A Citizens Panel be formed from the various sections of the Helensburgh community including residents and business owners, as defined by the 2508 postcode, and with the support of Council and Council resources in the Community Engagement Team, the City Planning Division and Ward 1 Councillors, to develop a town vision within the confines of the Local Environment Plan (LEP), as amended.

2 The Citizens Panel shall consist of one representative of each of the following:

3 a Community groups:

- Darkes Forest Residents’ Association - Helensburgh Business Owners’ Group (H-BOG) - Helensburgh Lions Club - Neighbourhood Forum 1 - Northern Illawarra Chamber of Commerce - Northern Illawarra Neighbourhood Aid - Northern Illawarra Sustainability Alliance

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- Otford Protection Society Inc - Stanwell Park Country Women’s Association - Stanwell Tops Awareness Group

b Other special interest groups/sectors: - Liquor Industry - Media - Medical and/or Aged Care - Mines - Schools - Sporting Clubs - Tourism Operators

c Two representatives of each of the following: - Main Street Helensburgh Business (not represented in

other groups above) - Residents - All Councillors

A PROCEDURAL MOTION was MOVED by Councillor Curran that a one-minute extension be granted to Councillor Petty to address the meeting in relation to Item C.

An AMENDMENT was MOVED by Councillor Connor seconded Councillor Brown that the representatives identified in Councillor Petty’s motion be incorporated into Councillor Curran’s motion in relation to Community Town Visioning Workshops (refer minute number 199) as proposed members of the Reference Groups. The AMENDMENT on being PUT to the VOTE was LOST.

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

Colacino, Crasnich, Curran and Bradbery The MOTION on being PUT to the VOTE was LOST.

In favour Councillor Petty Against Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs,

Dorahy, Colacino, Crasnich, Curran and Bradbery

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CALL OF THE AGENDA

201 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Takacs that the staff recommendations for Items 2, 4, 7 and 10 to 14 inclusive, be adopted as a block.

ITEM 1 - ENDORSEMENT OF WASTE AND RESOURCE RECOVERY

STRATEGY 2012-2022

202 MOVED Councillor Brown seconded Councillor Martin that -

1 Council endorse the Waste and Resource Recovery Strategy 2012–2022, updated to reflect Council’s decision on Helensburgh Landfill site and accepted technical definitions of ecological sustainability from appropriate State legislation.

2 The Strategy be reviewed in 12 months.

Variation The variation moved by Councillor Merrin to include the words ‘and accepted technical definitions of ecological sustainability from appropriate State legislation’ to Part 1 of the motion was accepted by Council.

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

1 Council endorse the Waste and Resource Recovery Strategy 2012–2022, updated to reflect Council’s decision on Helensburgh Landfill site.

2 The Strategy be reviewed in 12 months.

3 A report be prepared for Council regarding an Expression of Interest to be advertised for the design, construction and operation of an alternative waste treatment plant and facility for Whytes Gully.

The AMENDMENT on being PUT to the VOTE was LOST.

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

Dorahy, Colacino, Crasnich and Bradbery The MOTION on being PUT to the VOTE was CARRIED UNANIMOUSLY.

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Minute No.

ADJOURNMENT OF MEETING

A PROCEDURAL MOTION was MOVED by Councillor Petty seconded Councillor Blicavs that the meeting adjourn for a five minute break.

At this stage, the time being 7.58 pm, the meeting was adjourned. The meeting resumed at 8.03 pm with all Councillors in attendance.

ITEM 2 - PROPOSED ACQUISITION OF LOT 157 DP 1165973

REDDALLS ROAD, KEMBLA GRANGE FOR ADDITION TO WHYTES GULLY WASTE DISPOSAL DEPOT

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION -

1 Council rescind Minute No 14 of the Council meeting of 30 January 2012.

2 Council approve the acquisition of Lot 157 DP 1165973 Reddalls Road, Kembla Grange, as shown on Attachment 1 of the report, on the following terms:

a Purchase price of $39,000 (GST inc).

b Council be responsible for all costs in the matter including valuation and legal costs.

3 Upon acquisition, Lot 157 DP 1165973 Reddalls Road, Kembla Grange be classified as Operational land in accordance with the Local Government Act 1993.

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

SUSPENSION OF STANDING ORDERS

203 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that Item 15 be considered after Item 3 under Suspension of Standing Orders.

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Minute No.

DEPARTURE OF MANAGER ENVIRONMENTAL STRATEGY AND

PLANNING

Due to an earlier disclosure of interest in Item 3, Manager Environmental Strategy and Planning, Mrs R Campbell, departed the meeting.

ITEM 3 - DRAFT PLANNING PROPOSAL FOR WARRIGAL CARE AT

208-212 CORRIMAL STREET (LOTS 35, 36 AND 37 DP 19969), 25 BEACH STREET (LOTS A, B AND C DP 401196) AND 1 BEACH STREET (LOT 38 DP 19969), WOLLONGONG

MOVED Councillor Blicavs seconded Councillor Dorahy that -

1 A finalised Planning Proposal be submitted to the NSW Department of Planning and Infrastructure to increase the maximum building height limit from 9 metres to 32 metres and increase the floor space ratio from 0.5:1 to 1.5:1, and Parliamentary Counsel be requested to draft an amending Local Environmental Plan for the Wollongong Local Environmental Plan 2009.

2 The submitters be advised of Council’s decision and thanked for their input.

The MOTION on being PUT to the VOTE was LOST.

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

and Petty

204 A FORESHADOWED MOTION was MOVED by Councillor Brown seconded Councillor Merrin that -

1 A Planning Proposal for the lots described in the report not be submitted to the NSW Department of Planning and Infrastructure.

2 The applicant be invited to resubmit a proposal following Council’s preparation of a vision for the Wollongong South Precinct to be prepared in conjunction with the CBD Action Plan 2010, expected in 2013-14.

The FORESHADOWED MOTION on being PUT to the VOTE was CARRIED.

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

Against Councillor Blicavs

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DEPARTURE OF COUNCILLOR

Due to an earlier disclosure of interest, Councillor Petty departed the Council Chambers during discussion and voting on Item 15.

ITEM 15 - ENFORCEMENT ACTION - 159 WALKER STREET,

HELENSBURGH

MOVED Councillor Curran seconded Councillor Merrin that in relation to 159, 161, 165 and 169 Walker Street, Helensburgh, also known as Lot 1 DP112876 and Lot 16 DP255197 –

1 Council proceed immediately, and without further delay, with enforcement action as directed by Council on 14 May 2012.

2 Council commission an independent investigation and historical file review of –

a regulation and enforcement action on 159 Walker Street and adjoining properties owned by the Blackwell family,

b Council’s involvement in any non-compliant activities on this site.

3 This investigation and review be reported back to full Council.

4 Council ‘stop the clock’ on all development applications and development applications for modification applications pending the findings and recommendations of the above report being provided.

5 Council refer the assessment of any and all development applications and development applications for modification applications to Sutherland Shire Council for assessment and report back to full Council for final determination.

6 A copy of all records, including but not limited to documents, compliance reports, emails and interviews associated with or related to the Blackwell landholdings on Walker Street, Helensburgh, be made available to Councillors.

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205 An AMENDMENT was MOVED by Councillor Kershaw seconded Councillor Connor that -

1 Council recommence enforcement proceedings on any continuing unlawful activities including building structures.

2 A Councillor Briefing Report be provided at the determination of any Modification Application, Development Application and/or Building Certificate Application seeking to regularise any unlawful activity, advising of the outcome and of any proposed enforcement action.

The AMENDMENT on being PUT to the VOTE was CARRIED.

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

Against Councillors Blicavs and Curran

The AMENDMENT then BECAME the MOTION.

The MOTION was PUT and CARRIED.

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

Against Councillor Curran

Standing Orders were resumed.

ITEM 4 - AMENDMENT TO THE 2011 GENERIC PLAN OF

MANAGEMENT FOR COMMUNITY LAND BY ADDING THE MT KEIRA SUMMIT PARK KIOSK/RESTAURANT AS AN AREA OF GENERAL COMMUNITY USE

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION - Council adopt the proposed amendment to the Generic Plan of Management to re-categorise the Mt Keira Summit Park Kiosk/Restaurant community land area as General Community Use as shown in Attachment 1 of the report.

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ITEM 5 - LEASE AND LICENCE OF TELECOMMUNICATIONS FACILITY TO OPTUS MOBILE PTY LIMITED AT MT KEIRA TELECOMMUNICATIONS TOWER

MOVED Councillor Curran seconded Councillor Merrin that -

1 Authority be granted for a lease and licence to be entered into for Part Lot 1 DP875991, Mt Keira Telecommunications Tower, Mt Keira Summit Park, Queen Elizabeth Drive, Mt Keira, to Optus Mobile Pty Limited for two consecutive terms of five years each (totalling 10 years) in accordance with the terms set out in this report.

2 Optus Mobile Pty Limited be responsible for payment of Council’s legal costs for the preparation and completion of the Lease documentation up to $3,000 (excluding GST).

3 Authority be granted to affix the Common Seal of the Council to the Lease and Licence documents.

4 The income derived from the lease be allocated to the Sports Reserve Fund.

206 An AMENDMENT was MOVED by Councillor Brown seconded Councillor Crasnich that –

1 Authority be granted for a lease and licence to be entered into for Part Lot 1 DP875991, Mt Keira Telecommunications Tower, Mt Keira Summit Park, Queen Elizabeth Drive, Mt Keira, to Optus Mobile Pty Limited for two consecutive terms of five years each (totalling 10 years) in accordance with the terms set out in the report.

2 Optus Mobile Pty Limited be responsible for payment of Council’s legal costs for the preparation and completion of the Lease documentation up to $3,000 (excluding GST).

3 Authority be granted to affix the Common Seal of the Council to the Lease and Licence documents.

The AMENDMENT on being PUT to the VOTE was CARRIED.

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

Against Councillors Connor, Merrin, Curran and Petty

The AMENDMENT then BECAME the MOTION.

The MOTION was PUT and CARRIED UNANIMOUSLY.

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ITEM 6 - MOTIONS TO LOCAL GOVERNMENT ASSOCIATION

CONFERENCE – DUBBO (29–31 OCTOBER 2012)

207 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that Council endorse the following motions to be forwarded to the Local Government Association for inclusion on the agenda for the 2012 Annual Local Government Conference –

1 Resourcing - The Local Government Association call on the State Government to adequately resource councils to compensate them for the additional cost of exhibiting, and developing visual representation of site specific controls as a means of implementing the reforms proposed in the Department of Planning and Infrastructure's Green Paper.

2 Full-Time Councillors - The Local Government Association call on the State Government to introduce a full-time fee structure for local government Councillors.

3 Unsightly or Derelict Buildings - The Local Government Association call on the State Government to give Councils the power under the Environmental Planning and Assessment Act to direct owners to rectify seriously unsightly and derelict buildings and should they fail to do so, Council can act to rectify with the costs to be recovered from the owners or remain a charge on the land.

4 Development Control Plans - the Local Government Association call on the State Government to give Development Control Plans legislative status as local clauses in a Local Environmental Plan, with variations allowed through clause 4.6 Variations to Development Standards.

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ITEM 7 - LEASE OF SUITE 5 KEMBLA TERRACES, 74 KEMBLA

STREET, WOLLONGONG TO WOLLONGONG FINANCIAL SERVICES PTY LTD

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION -

1 Authority be granted for a Lease to be entered into for Part Lot 402 DP719825 and part Lot 602 DP812146 being Suite 5 Kembla Terraces, 74 Kembla Street, Wollongong for a term of 2 years with two 5-year option terms (totalling 12 years) in accordance with the terms set out in this report.

2 Wollongong Financial Services Pty Ltd be responsible for payment of Council’s reasonable legal costs for the preparation and completion of the lease documentation.

3 Authority be granted to affix the Common Seal of the Council to the lease documents.

ITEM 8 - PROPOSED ACQUISITION OF SPLAY CORNER AT LOT 2

DP 584467 NO 177 PRINCES HIGHWAY, HELENSBURGH

208 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Colacino that -

1 Council approve the acquisition of a splay corner with an area of 17.5 sq m, as shown on Attachment 1 of the report, from the owner of Lot 2 DP 584467 No 177 Princes Highway, Helensburgh on the following terms:

a Purchase price of $1.00 (GST exc).

b Council be responsible for all costs in the matter including survey, plan lodgement and transfer costs and the cost of the relocation of any fencing, if required.

2 Upon acquisition, the splay corner will 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 transfer documents and any other documents required to give effect to this resolution.

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ITEM 9 - PROPOSED EASEMENT OVER LOT 203 DP 631544

TANNERY STREET, UNANDERRA

209 RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Brown that -

1 Council grant an Easement for access variable width over Lot 203 DP 631544 in favour of Lots Pt 1 and 2 DP 795162 and Lot 8 DP979325 as shown on plan attached to the report.

2 Authority be granted to affix the Common Seal of Council to the easement documents and associated survey plan.

DEPARTURE OF COUNCILLOR

Councillor Colacino departed the Council Chambers at 9.59 pm and was not present during discussion and voting on the following Additional Item.

ADDITIONAL ITEM – TRAFFIC CIRCULATION ISSUES –

WOOLWORTHS AND ADJACENT CARPARK – TANNERY STREET, UNANDERRA

210 RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Brown that Ward 2 Councillors and Traffic and Property Sections of Council meet with landowners and lessee representation to discuss community concerns over parking and traffic circulation issues in the Woolworths and adjacent Council carpark in the precinct identified in Item 9.

EXTENSION OF MEETING TIME

211 RESOLVED on the motion of Councillor Brown seconded Councillor Dorahy that the meeting time be extended to 10.30 pm.

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ITEM 10 - TENDER T12-12 - PROVISION OF VALUATION SERVICES

TO COUNCIL

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION -

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tenders of Opteon (South Eastern Regional NSW) Pty Ltd; Walsh and Monaghan Pty Ltd; Martin Morris and Jones Pty Ltd; and Herron Todd White (Sydney/ACT E NSW) Pty Ltd for the provision of Property Valuation Services and those tenderers be appointed to Council’s Panel of Consultant Valuers.

2 Council delegate to the General Manager the authority to finalise and execute the contracts 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 contracts and any other documentation, should it be required, to give effect to this resolution.

ITEM 11 - QUARTERLY REPORT ON DEVELOPMENT

APPLICATIONS INVOLVING VARIATIONS TO DEVELOPMENT STANDARDS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION - Council note the report.

ITEM 12 - REVIEW OF COUNCIL'S INVESTMENT POLICY

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION -

1 Council endorse the amended Investment Policy.

2 Council repeal the existing Policy.

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Minutes of Ordinary Meeting of Council 13 August 2012 18

Minute No.

ITEM 13 - JUNE 2012 FINANCIALS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION - The report be received and noted.

ITEM 14 - MINUTES OF THE CITY OF WOLLONGONG TRAFFIC COMMITTEE MEETING HELD 11 JULY 2012

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 201).

COUNCIL’S RESOLUTION - In accordance with the powers delegated to Council, the minutes and recommendations of the City of Wollongong Traffic Committee held on 11 July 2012 in relation to Regulation of Traffic be adopted.

ITEM 15 - ENFORCEMENT ACTION - 159 WALKER STREET,

HELENSBURGH

This Item was considered under Suspension of Standing Orders (refer Minute Numbers 203 and 205).

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Minutes of Ordinary Meeting of Council 13 August 2012 19

Minute No.

ITEM 16 - CONFIDENTIAL - PROPOSED SALE OF VARIOUS LOTS AT

FLINDERS, KEIRA AND CAMPBELL STREETS, WOLLONGONG

212 MOVED Councillor Merrin seconded Councillor Crasnich that the meeting be closed during consideration of the proposed sale of various lots in Flinders, Keira and Campbell Streets, Wollongong in accordance with Section 10A 2(d)(i) of the Local Government Act 1993 on the basis that –

a the report contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it;

b on balance, the public interest in preserving the confidentiality of commercial information outweighs the public interest in openness and transparency in Council decision-making by discussing the matter in open meeting.

Prior to voting on the above motion, the Lord Mayor advised members of the gallery that this item related to a proposed sale of land in Flinders, Keira and Campbell Streets, Wollongong and is classified as Confidential under Section 10A 2(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public as the report contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

In accordance with Section10A(4) of the Local Government Act the Lord Mayor invited members of the gallery to make representations to the Council meeting as to whether this part of the meeting should be closed. No submissions were received from the press or gallery.

The MOTION on being PUT to the VOTE was CARRIED UNANIMOUSLY.

At this stage, the time being 10.01 pm, members of the press and gallery departed the Council Chambers. The meeting moved into Closed Session, the time being 10.02 pm.

ATTENDANCE OF COUNCILLOR

As the meeting moved into Closed Session, Councillor Colacino returned, the time being 10.02 pm.

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Minutes of Ordinary Meeting of Council 13 August 2012 20

Minute No.

Council resumed into Open Session at 10.22 pm and members of the

press and gallery were invited back into the Council Chambers. RESOLUTION FROM THE CLOSED SESSION OF COUNCIL

213 Item 16 - Proposed sale of various lots at Flinders, Keira and Campbell Streets, Wollongong

The Lord Mayor advised that whilst in Closed Session, Council resolved to enter into an option agreement for the sale of the land located between Flinders, Keira and Campbell Streets, Wollongong to Gateway Wollongong Pty Limited.

THE MEETING CONCLUDED AT 10.23 PM Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 27 August 2012.

Chairperson

Page 92: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 1 Port Kembla Pool – Extended Hours 28-4-2012 to 31-5-2012

“Snapshot usage” Average Number of Swimmers per weekend/weekday

Port Kembla Pool Extended Hours Average Swimmers in Water 28-4-2012 to 31-5-2012

910

5

9

57 6 6

4 4

810

7

10

7 7 7 7

4 3

10

21

1413

8

1113

9

5

99

18

14 13

69

109

4 3

0

5

10

15

20

25

30

Wkend

1

Week 1

Wkend

2

Week 2

Wkend

3

Week 3

Wkend

4

Week 4

Wkend

5

Week 5

6:30am9:00am11:00am12:30pmAve Max AirTempAverage Water Temp

6:30am 9:00am 11:00am 12:30pmWeekend 1 9 8 10 9Weekday 1 10 10 21 18Weekend 2 5 7 14 14Weekday 2 9 10 13 13Weekend 3 5 7 8 6Weekday 3 7 7 11 9Weekend 4 6 7 13 10Weekday 4 6 7 9 9Weekend 5 4 4 5 4Weekday 5 4 3 9 3

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Attachment 1

Port Kembla Pool – Extended Hours 28-4-2012 to 31-5-2012 Total Daily Attendance

Total Daily Attendance Port Kembla Pool Extended Season

0

50

100

150

200

250

28/04

/2012

29/04

/2012

30/04

/2012

1/05/2

012

2/05/2

012

3/05/2

012

4/05/2

012

5/05/2

012

6/05/2

012

7/05/2

012

8/05/2

012

9/05/2

012

10/05

/2012

11/05

/2012

12/05

/2012

13/05

/2012

14/05

/2012

15/05

/2012

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/2012

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/2012

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/2012

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/2012

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/2012

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/2012

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/2012

23/05

/2012

24/05

/2012

25/05

/2012

26/05

/2012

27/05

/2012

28/05

/2012

29/05

/2012

30/05

/2012

31/05

/2012

Date

Patr

ons

Page 94: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 1 Thirroul Pool – Extended Hours 28-4-2012 to 31-5-2012

“Snapshot usage” Average Number of Swimmers per weekend/weekday

6:30am 9:00am 11:00am 12:30pmWeekend 1 8 3 6 9Weekday 1 6 7 15 8Weekend 2 3 2 7 7Weekday 2 8 3 3 11Weekend 3 4 4 3 8Weekday 3 4 2 3 7Weekend 4 1 2 6 12Weekday 4 3 1 3 5Weekend 5 2 1 1 1Weekday 5 1 1 1 4

Thirroul Pool Extended Hours Average Swimmers in Water 28-4-2012 to 31-5-2012

86

3

8

4 4

13 2 1

3

7

23

42 2

1 1 1

6

15

7

3 3 3

6

31 1

9 8 7

11

8 7

12

5

1

4

0

5

10

15

20

25

30

Wkend

1

Week 1

Wkend

2

Week 2

Wkend

3

Week 3

Wkend

4

Week 4

Wkend

5

Week 5

6:30am9:00am11:00am12:30pmAve Max Air TempAverage Water Temp

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Attachment 1

Thirroul Pool – Extended Hours 28-4-2012 to 31-5-2012 Total Daily Attendance

Total Daily Attendance Thirroul Pool Extended Season

0

20

40

60

80

100

120

140

160

180

28/04

/2012

29/04

/2012

30/04

/2012

1/05/2

012

2/05/2

012

3/05/2

012

4/05/2

012

5/05/2

012

6/05/2

012

7/05/2

012

8/05/2

012

9/05/2

012

10/05

/2012

11/05

/2012

12/05

/2012

13/05

/2012

14/05

/2012

15/05

/2012

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/2012

Date

Patr

ons

Page 96: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 2

Continental Pool – Trial 1 hour extension with 2pm closure 28-4-2012 to 30-6-2012 Snapshot usage Average Number of Swimmers

Continental Pool Average Swimmers in Water During extended Hour of Operation 28-4-2012 to 30-6-2012

30

60

21

56

27

64

22

65

15

39

1416

4

12 11

23

10

21

1513

3

30

41

26

56

21

59

16

37

15

19 1820

9

1311

15

11

15

1917

5

0

10

20

30

40

50

60

70

Wke

nd 1

Wee

k 1W

kend

2W

eek 2

Wke

nd 3

Wee

k 3W

kend

4W

eek 4

Wke

nd 5

Wee

k 5W

kend

6W

eek 6

Wke

nd 7

Wee

k 7W

kend

8W

eek 8

Wke

nd 9

Wee

k 9W

kend

10W

eek 1

0W

kend

11

12.30pm1.30pmAve Max Air TempAverage Water Temp

12.30

pm 1.30 pm

Weekend 1 30 30 Week 1 60 41 Weekend 2 21 26 Week 2 56 56 Weekend 3 27 21 Week 3 64 59 Weekend 4 22 16 Week 4 65 37 Weekend 5 15 15 Week 5 39 19 Weekend 6 14 18 Week 6 16 20 Weekend 7 4 9 Week 7 12 13 Weekend 8 11 11 Week 8 23 15 Weekend 9 10 11 Week 9 21 15 Weekend 10 15 19 Week 10 13 17 Weekend 11 3 5

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Attachment 2

Continental Pool –21-4-2012 to 31-5-2012 Total Daily Attendance

Continental Pool Daily Attendance

0

100

200

300

400

500

600

700

800

900

21/04

/2012

22/04

/2012

23/04

/2012

24/04

/2012

25/04

/2012

26/04

/2012

27/04

/2012

28/04

/2012

29/04

/2012

30/04

/2012

1/05/2

012

2/05/2

012

3/05/2

012

4/05/2

012

5/05/2

012

6/05/2

012

7/05/2

012

8/05/2

012

9/05/2

012

10/05

/2012

11/05

/2012

12/05

/2012

13/05

/2012

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28/05

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/2012

30/05

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31/05

/2012

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Attachment 2

Continental Pool – 1-6-12 to 30-6-2012 Total Daily Attendance

Continental Pool Daily Attendance

0

100

200

300

400

500

600

1/06/2

012

2/06/2

012

3/06/2

012

4/06/2

012

5/06/2

012

6/06/2

012

7/06/2

012

8/06/2

012

9/06/2

012

10/06

/2012

11/06

/2012

12/06

/2012

13/06

/2012

14/06

/2012

15/06

/2012

16/06

/2012

17/06

/2012

18/06

/2012

19/06

/2012

20/06

/2012

21/06

/2012

22/06

/2012

23/06

/2012

24/06

/2012

25/06

/2012

26/06

/2012

27/06

/2012

28/06

/2012

29/06

/2012

30/06

/2012

Page 99: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 3

Average Monthly Water Temperature (Continental Pool) 2007 -2011

Average Monthly Water Temperature (Continental Pool)

21.7

22.522.1

20.8

19.5

17.5

15.815.5

16.2

18.0

19.7

20.8

10.0

12.0

14.0

16.0

18.0

20.0

22.0

24.0

Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec

Page 100: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 4 Historic Usage Patterns -Total Monthly Attendance All Pools

2007/2008

Total Monthly Pool Attendance 2007-08 All Pools

0

10000

20000

30000

40000

50000

60000

July Aug Sept Oct Nov Dec Jan Feb March Apr May June

Helensburgh PoolThirroulContinentalWestern SuburbsPort KemblaBerkeleyCorrimalDapto

- Attendances Pools 2007-08 July Aug Sept Oct Nov Dec Jan Feb March Apr May June

Helensburgh Pool 300 11546 7723 8598 14520 6560 8630 3145 Thirroul 1021 20327 15614 36816 48814 19270 18154 8590 2757 445 Continental 5013 4612 7772 22629 22406 31410 49241 21125 26466 12962 8408 7549 Western Suburbs 690 26135 20732 27849 53030 26002 15105 5015 Port Kembla 770 18645 17245 29000 51010 17875 25510 9325 1930 418 Berkeley 340 8635 11695 9348 15100 9835 11421 4660 Corrimal 3302 2692 6856 18076 13929 11150 19836 17548 12558 4336 5662 4469 Dapto 2095 3178 3204 10931 9136 7789 10276 9066 9131 2915 2105 2375

Page 101: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 4

Historic Usage Patterns -Total Monthly Attendance All Pools 2008/2009

Total Monthly Pool Attendance 2008-09 All Pools

0

10000

20000

30000

40000

50000

60000

70000

July Aug Sept Oct Nov Dec Jan Feb March Apr May June

Helensburgh PoolThirroulContinentalWestern SuburbsPort KemblaBerkeleyCorrimalDapto

Pools - Attendances 2008-09

July Aug Sept Oct Nov Dec Jan Feb March Apr May June Helensburgh Pool 595 8543 8615 11361 16205 11120 7705 2837 Thirroul 855 16506 12129 31214 61935 22341 15267 7715 Continental 4438 4442 3194 10609 15340 24403 46849 27534 24857 13235 8543 4456 Western Suburbs 1670 19640 11507 28275 66183 36839 22325 7210 Port Kembla 2900 14123 10750 25205 59420 26820 17760 6755 Berkeley 888 10460 8792 10970 22980 12130 6898 2615 Corrimal 3547 1705 9091 15399 13033 12363 14179 19394 12229 5289 5314 4325 Dapto 2671 2453 4771 7821 8328 8252 12115 10136 8140 1692 2586 2293

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Attachment 4

Historic Usage Patterns -Total Monthly Attendance All Pools 2009/2010

Total Monthly Pool Attendance 2009-10 All Pools

0

10000

20000

30000

40000

50000

60000

July Aug Sept Oct Nov Dec Jan Feb March Apr May June

Helensburgh PoolThirroulContinentalWestern SuburbsPort KemblaBerkeleyCorrimalDapto

Pools - Attendances 2009-10

July Aug Sept Oct Nov Dec Jan Feb March Apr May June Helensburgh Pool 0 0 0 4585 16045 13085 12231 13588 10366 2864 0 0 Thirroul 0 0 0 0 21428 30076 46188 23460 16410 8285 0 0 Continental 6028 5352 6368 10659 26683 29217 46250 27017 25353 22714 8920 6507 Western Suburbs 0 0 0 6233 35110 29027 50476 28264 15561 4984 0 0 Port Kembla 0 0 0 7064 30492 34549 52745 28205 22275 10380 0 0 Berkeley 0 0 0 4478 9997 9015 12181 9603 7861 3687 0 0 Corrimal 4432 2777 7124 12482 18709 12742 10521 19146 12061 6946 5970 5194 Dapto 3308 3853 3725 4355 11505 6418 8550 8886 7783 2762 2995 1834

Page 103: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 4

Historic Usage Patterns -Total Monthly Attendance All Pools 2010/2011

Total Monthly Pool Attendance 2010-11 All Pools

0

10000

20000

30000

40000

50000

60000

70000

July Aug Sept Oct Nov Dec Jan Feb March Apr May June

Helensburgh PoolThirroulContinentalWestern SuburbsPort KemblaBerkeleyCorrimalDapto

Pools - Attendances 2010-11

July Aug Sept Oct Nov Dec Jan Feb March Apr May June Helensburgh Pool 1084 6294 10820 10518 14821 15814 8441 2810 Thirroul 2726 8171 15770 28077 57129 30210 13094 10185 Continental 5638 4961 6367 11074 18742 26301 50542 36211 21342 15625 8239 5479 Western Suburbs 3487 9351 17272 27782 43513 42312 14731 4342 Port Kembla 5310 7685 22820 32924 62070 33010 14655 6965 Berkeley 1529 3607 5446 8760 10989 8507 3005 520 Corrimal 4995 2675 6996 10133 9155 12406 17418 19027 10407 4860 4501 3413 Dapto 1037 2781 2834 4835 9505 5837 8100 10216 7615 2018 2395 1806

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Attachment 4

Historic Usage Patterns -Total Monthly Attendance All Pools 2011/2012

Total Monthly Pool Attendance 2011-12 All Pools

0

10000

20000

30000

40000

50000

60000

July Aug Sept Oct Nov Dec Jan Feb March Apr May June

Helensburgh PoolThirroulContinentalWestern SuburbsPort KemblaBerkeleyCorrimalDapto

Pools - Attendances 2011-12

July Aug Sept Oct Nov Dec Jan Feb March Apr May June Helensburgh Pool 295 6245 9454 5940 10515 9503 5518 2594 Thirroul 850 11038 24204 22108 46512 24140 10481 10035 1709 Continental 4689 5346 7036 12328 18252 20123 41731 28601 17723 15297 10878 6999 Western Suburbs 681 10763 27043 18943 39116 37343 16254 6493 Port Kembla 640 11560 22210 16933 56390 24875 11135 8960 2975 Berkeley 248 3620 6237 2832 13190 8472 4662 1382 Corrimal 3047 3606 4322 9721 16267 7638 16076 16884 9833 4382 4524 3402 Dapto 1812 1780 3246 5784 9798 3936 7592 8658 7265 2081 2675 2192

Page 105: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 5 Current l & Proposed Amended Pool Season and Operating Hours (amendments in Red)

POOL SEASONS AND OPENING HOURS – Previous Approach Pool Winter 2012

(21/4/12 – 21/9/12) Shoulder 2012 (22/9/12-26/10/12)

High 2012/13 (27/10/12-29/3/13)

Shoulder 2012 (30/3/13-24/4/13)

Winter 2013 (25/4/13)

Helensburgh (fresh water)

n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a

Thirroul (saltwater) n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a Corrimal (fresh water) Mon-Fri: 6am – 6pm

Sat-Sun: 7am – 2pm 6am – 6pm 6am – 7pm 6am – 6pm Mon-Fri: 6am – 6pm

Sat-Sun: 7am – 2pm Wollongong Continental (saltwater)

Tues-Sun: 6am – 1pm 6am – 6pm 6am – 7pm 6am – 6pm Tues-Sun: 6am – 2pm. Until 30 June for trialled operating hours extension. From 1 July to 21 September the pool will be open from 6am - 1pm.

Western Suburbs (fresh water)

n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a

Berkeley (fresh water) n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a Dapto (fresh water) Mon-Fri: 6am – 6pm

Sat-Sun: 7am – 2pm 6am – 6pm 6am – 7pm 6am – 6pm Mon-Fri: 6am – 6pm; Sat-Sun: 7am – 2pm

Port Kembla (saltwater)

n/a 6am – 6pm 6am – 7pm 6am – 6pm Tue-Sun: 6am – 1pm. Until 30 May.

POOL SEASONS AND OPENING HOURS – Proposed Approach

Pool Winter 2012 (21/4/12 – 5/10/12)

Shoulder 2012 (6/10/12 -26/10/12)

High 2012/13 (27/10/12-29/3/13)

Shoulder 2012 (30/3/13-24/4/13)

Autumn Season (26/4/12 – 31/5/13)

Winter 2013 (1/6/13)

Helensburgh (fresh water)

n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a n/a

Thirroul (saltwater) n/a 6am – 6pm 6am – 7pm 6am – 6pm Sat – Thurs 6am – 1pm

n/a

Corrimal (fresh water) Mon-Fri: 6am – 6pm Sat-Sun: 7am – 2pm

6am – 6pm 6am – 7pm 6am – 6pm Mon-Fri: 6am – 6pm Sat-Sun: 7am – 2pm

Mon-Fri: 6am – 6pm Sat-Sun: 7am – 2pm

Wollongong Continental (saltwater)

Tues-Sun: 6am – 1pm 6am – 6pm 6am – 7pm 6am – 6pm Tues-Sun: 6am – 2pm. Tues-Sun: 6am – 1pm.

Western Suburbs (fresh water)

n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a n/a

Berkeley (fresh water) n/a 6am – 6pm 6am – 7pm 6am – 6pm n/a n/a Dapto (fresh water) Mon-Fri: 6am – 6pm

Sat-Sun: 7am – 2pm 6am – 6pm 6am – 7pm 6am – 6pm Mon-Fri: 6am – 6pm

Sat-Sun: 7am – 2pm Mon-Fri: 6am – 6pm; Sat-Sun: 7am – 2pm

Port Kembla (saltwater) n/a 6am – 6pm 6am – 7pm 6am – 6pm Sat – Thurs 6am – 1pm

n/a

Page 106: ORDINARY MEETING OF COUNCIL · 8/27/2012  · Council on 23 April 2012 reso lved to extend the swimming season at Port Kembla and ... 2 Continental Pool usage patterns during the

Attachment 6 Comparison & Proposed Outdoor Pools Swimming Seasons

2011-12 2012/13

Wollongong City Council (current) Wollongong City Council (proposed)

Season Weeks of Operation Season Weeks of Operation

Port Kembla & Thirroul Salt Water Pools 22-9-11 to 31-5-12 36 6-10-1 to 31-5-13 34

Continental Baths Salt Water Pool All Year 52 All Year 52

H’Burgh, Wests, Berkeley Chlorinated Pools 22-9-11 to 20-4-12 30 6-10-12 to 24-4-13 29

Corrimal and Dapto Heated Pools All Year 52 All Year 52

Albion Park 31-10-11 to 22-4-12 26

Oak Flats 31-10-11 to 22-4-12 26

Warilla 31-10-11 to 30-3-2012 23

Shoalhaven Council

Berry 5-11-11 to 1-4-12 22

Greenwell Point 5-11-11 to 1-4-12 22

Kangaroo Valley 6-11-11 to 1-4-12 22

Milton 5-11-11 to 1-4-12 22

Nowra Olympic 5-11-11 to 1-4-12 22

Shoalhaven Heads 5-11-11 to 1-4-12 22

Huskisson Sea Pool 5-11-11 to 22-4-12 25

Ulladulla Sea Pool 5-11-11 to 22-4-12 25

Newcastle

Merewether Baths Patrolled 24-9-11 to 22-4-2012 30

Newcastle Ocean Baths All Year not manned 52

Beresfield Pool 24-9-11 to 22-4-2012 30

Central Coast

Wyong 3-10-11 to 5-4-2012 27

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Attachment 7

Wollongong City Council Extended Swimming Season Survey Conducted By Illawarra Regional Information Service July 2012 Representative Survey of 509 residents aged 18 years + Question1 Wollongong City Council extended its swimming season at Port Kembla and Thirroul pools. This involved opening these facilities from 28 April to 31 May 2012 for six days a week from 6am to 1pm. Before today were you aware of the extended season?

% stating

Yes Total 21.6% Male 19.7% Female 23.8% 18 to 24 7.6% 25 to 34 16.5% 35 to 44 16.1% 45 to 54 34.4% 55 to 64 21.1% 65 to 74 31.5% 75 years plus 26.0%

Question 2 At which, if any, of the following pools did you swim at during the period from 28 April to 31 May 2012? Thirroul Pool 5.9% Port Kembla Pool 8.2% Didn’t swim at any of these 88.5%

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Question 3 Why didn't you use one of these pools during the period from 28 April to 31 May 2012? Unaware of extended season 8.4%Weather too cold 8.5%Water too cold 5.0%I don't swim 18.0%Use own pool 7.2%Use Dapto pool 2.2%Use Corrimal Pool 2.3%Use Continental Pool 2.8%Use Unanderra Pool 0.6%Use another pool 4.6%Too far away 11.0%Health reasons 2.9%Prefer beach/surf 6.4%No time/too busy 2.1%

Question 4 How often did you use Thirroul or Port Kembla pool during the extended swimming season?

Of pool users

(N=62)Daily 1.3%More than once a week 9.0%Once a week 14.0%3 to 5 times 34.6%1 to 2 times 41.1%

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Question 5 How important is it for Council to provide an extended swimming season (25 April to 31 May 2012) at Thirroul and Port Kembla pools?

All

respondents

Thirroul Pool

Users

Port Kembla

Pool Users

Very Important 23.7% 55% 43.7% Important 43.1% 45% 38.6% Neither important nor unimportant 15.4% 0% 0% Unimportant 10.9% 0% 12.6% Not at all important 6.8% 0% 5.0%

Question 6 How satisfied are you with Council in providing an extended swimming season (25 April to 31 May 2012) at Thirroul and Port Kembla pools?

All

respondents

Thirroul Pool

Users

Port Kembla

Pool Users

Very satisfied 16.9% 37.8% 20.9% Satisfied 43.2% 49.0% 58.3% Neither satisfied nor dissatisfied 38.4% 10.3% 16.6% Dissatisfied 1.25 3.0% 4.2% Very dissatisfied 0.3% 37.8% 20.9%

Question 7 The Continental Pool in Wollongong is open all year round. How important is it for Council to provide this year round saltwater swimming facility?

All

respondents

Of Winter Users

Very Important 42.0% 80.5%Important 44.8% 19.5%Neither important nor unimportant 9.1% 0%Unimportant 2.3% 0%Not at all important 1.8% 0%

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Question 8 How often did you use Continental Pool in Wollongong during winter?

All

respondentsOf

UsersDaily 1.0% 7.7%More than once a week 1.0% 7.8%Once a Week 1.5% 11.2%6-12 times 1.5% 11.6%3-5 times 3.3% 24.7%1-2 times 4.9% 37.0%Didn’t use the pool 86.8% -

Question 9 From 21st April to 30 June 2012, the Continental Pool's winter operations saw it's normal winter hours 6am to 1pm be extended in a trial to operate through to 2pm. If this service was offered again and extended throughout the winter, would this encourage you to swim at the pool? Yes No Unsure All respondents 22.2% 72.7% 5.1%Continental Pool users 55.3% 43.0% 1.7%Non Continental Pool users 17.2% 77.2% 5.6%

Question 10 In the past the traditional swimming season at Council's salt water pools has aligned to starting in the September school holidays and concluding in the April school holidays. i.e. 24 Sept 2011 to 22 April. Do you believe this traditional season should be amended to align more closely with prevailing sea water temperatures. ie open later in October and close in May? Yes 59.6% No 20.5% Unsure 20.0%

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Question 11 In the past the traditional swimming season at Council's chlorinated pools has aligned to starting in the September school holidays and concluding in the April school holidays. ie 24th September to 22 April. Do you believe this traditional season should be amended to align more closely with prevailing water temperatures. ie open later in October and close at the end of April? Yes 53.2% No 29.6% Unsure 17.2%

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CCTV PROGRAM – POLICY & CODE OF PRACTICE

CCOOUUNNCCIILL PPOOLLIICCYY

BACKGROUND

Wollongong City Council (Council) considers it important to take efforts to reduce crime. It is recognised however, that crime will never entirely be prevented. Closed circuit television (CCTV) can bring benefits to the community and assist in reducing crime which can lead to enhanced public safety in particular locations or in a particular area. Council’s CCTV Program is one of several initiatives designed to facilitate greater community safety in reducing and preventing crime. It assists Council and the NSW Police to work together to help provide a safer environment, reduce crime levels by deterring potential offenders and aid in crime detection and apprehension of offenders.

OBJECTIVE

The objective of the CCTV Program is to reduce personal and property crime, in association with a range of other crime prevention strategies. The Code of Practice contains standards to guide the operation of Council’s CCTV Program and is supplemented by Council’s Standard Operating Procedures (SOPs) which provide instructions on the day to day operation of the CCTV system.

POLICY STATEMENT

The Code of Practice has been developed in consultation with the NSW Police. While there is no legislative requirement for Councils to implement a particular NSW or Australian Government policy statement on CCTV in public places the NSW Division of Local Government considers the NSW Government Policy Statement and Guidelines for the Establishment and Implementation of Closed Circuit Television in Public Places to be good practice and Council has adopted these Guidelines in developing its Code of Practice.

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CCCCTTVV PPRROOGGRRAAMM –– PPOOLLIICCYY && CCOODDEE OOFF PPRRAACCTTIICCEE

TABLE OF CONTENTS

1. INTRODUCTION .................................................................................................................................................. 3

2. KEY PRINCIPLES................................................................................................................................................. 6

3. AMENDMENT TO THE CODE OF PRACTICE .....................................................................................................12

4. COMPLIANCE AND BREACHES OF THE CODE .................................................................................................12

5. COMPLAINTS ...................................................................................................................................................13

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1. INTRODUCTION It is recognised that crime is an important factor impacting on the actual and concerns about safety of certain areas. It is recognised however, that crime will never totally be prevented. CCTV cameras may bring benefits to the community, such as a reduction in crime, which can lead to enhanced community safety in a particular area. CCTV is only one of a range of strategies that Council utilises with an aim to reduce crime. Other strategies include activating public space, appropriate lighting, natural surveillance, access control and signage. This Council Policy, which is designed to operate as a Code of Practice, contains the basic standards in accordance with which Council’s CCTV Program will be operated. It is supplemented by confidential Standard Operating Procedures (SOPs) which provide instructions on aspects of the day to day operation of the Program. CCTV cameras are installed at locations determined on the basis of advice provided by the NSW Police, Council’s Community Safety Reference Group and other intelligence and include, but are not limited to, areas referred to as crime ‘hotspots’, licensed premises, ATMs and banking institutions, bus stops, taxi ranks, car parks, railway stations, shopping malls, community facilities, places frequented by potentially at risk groups including the elderly and young people. CCTV cameras have also been installed as part of many Council assets, including Council buildings, in order to achieve the objectives listed below. It is acknowledged that CCTV cameras installed in public place locations and as part of Council infrastructure may also capture Council staff performing work tasks. The CCTV Program the subject of this Code of Practice is not designed to intentionally provide workplace surveillance. Where the purpose is to provide workplace surveillance and/or a record of accidents or other non-crime incidents, Council’s Surveillance of Employees Policy must be complied with. CCTV cameras are also installed from time to time by tenants or licensees of Council land or buildings in accordance with terms of leases and/or licences with Council, or as a separate safety measure by the tenant or licensee. Except in relation to key sites identified in the table below, where the vision is recorded and held by Council, such cameras lie outside the scope of this Policy. Accordingly, all references to CCTV cameras in this Policy refer only to cameras operated and monitored by Council. CCTV cameras have been installed in the following locations and for the purpose(s) identified below:

Location Purpose(s) Beaton Park Leisure Centre Assist in reducing personal and property crime

levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime Safe – Money Handling Staff Security – Risk Management

Lakeside Leisure Centre Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress

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Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime Safe – Money Handling Staff Security – Risk Management

Bulli Tourist Park Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders; Help secure a safer environment and protect the community and property from crime Safe – Money Handling Staff Security – Risk Management

Corrimal Tourist Park Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime Safe – Money Handling Staff Security – Risk Management

Windang Tourist Park Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime Safe – Money Handling Staff Security – Risk Management

Wollongong Crematorium Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime Safe – Money Handling Staff Security – Risk Management Observing funeral services held on premises for operational purposes

Warrawong Library Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress

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Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime

Helensburgh Waste Disposal Depot Assist in reducing personal and property crime levels by deterring potential offenders Monitor traffic flow in and out of the site assist operatives to validate the loads that are entering the site Assist operatives to ensure that there are no hazardous or prohibited material entering the site. Assist in the detection and prosecution of offenders; Assist in the detection of offenders in illegal dumping. Assist in identifying theft offenders

Whytes Gully Waste Disposal Depot Assist in reducing personal and property crime levels by deterring potential offenders Monitor traffic flow in and out of the site Assist operatives to validate the loads that are entering the site Assist operatives to ensure that there are no hazardous or prohibited material entering the site. Assist in the detection and prosecution of offenders; Assist in the detection of offenders in illegal dumping Assist in identifying theft offenders

Council Administration Building and Car Park Building and Car Park Asset Protection. Crime Prevention. Security Services Operational Quality Controls. Safe – Money Handling Staff Security – Risk Management

Wollongong City Centre and Mall Pedestrian Traffic – People Counting for marketing and display purposes Crime Prevention Crime Investigation and analysis Public Liability Claims – Proof of evidence. (Slips, Trips and Falls) Crowd Control – Public events (Australia Day, Viva La Gong) Asset Protection Maintain safe environment for the community

Central Store (old B&W) Observation of unauthorised access to stores area Dapto Ribbonwood Centre (excluding child care centre)

Assist in reducing personal and property crime levels by deterring potential offenders; Assist in reducing the public’s fear of crime; Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime

Thirroul District Community Centre and Library Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders

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Help secure a safer environment and protect the community and property from crime

Corrimal District Library and Community Centre Assist in reducing personal and property crime levels by deterring potential offenders Assist in reducing the public’s fear of crime Assist Police in determining the appropriate allocation of resources in situations where the commission of a crime is imminent or is in progress Assist in the detection and prosecution of offenders Help secure a safer environment and protect the community and property from crime

Illawarra Performing Arts Centre Crime Prevention Security Services Operational Quality Controls Building Asset Protection Public Liability Controls – Trips, slips and falls

Integral Building – 81-83 Burelli Street

Crime Prevention. Staff Security – Risk Management Building Asset Protection

Ihub – 93 Crown Street Wollongong Crime Prevention Customer Service Building Asset Protection

North Wollongong Beach Monitoring use of Puckeys Beach (Fairy Meadow creek entrance)

Wollongong Youth Centre Crime Prevention. Staff Security – Risk Management Building Asset Protection

Wollongong Art Gallery Crime Prevention. Security Services Operational Quality Controls Building Asset Protection Public Liability Controls – Trips, slips and falls

Wollongong Town Hall Crime Prevention. Security Services Operational Quality Controls Building Asset Protection Public Liability Controls – Trips, slips and falls

2. KEY PRINCIPLES

The Code of Practice is based on the following 8 key principles.

Principle 1 – Purpose, Privacy and the Public Interest The CCTV Program will be operated fairly, within applicable law, and only for the purposes for which it is established or which are subsequently agreed in accordance with this Code of Practice. The CCTV Program will be operated with due regard to the privacy and civil liberties of individual members of the public, and particularly with a view to minimising false association. The public interest in the operation of the CCTV Program will be recognised by ensuring the security and integrity of operational procedures. a The purposes of the CCTV Program are to:

assist in reducing personal and property crime levels; assist Police in determining the appropriate allocation of resources in situations where the

commission of a crime is imminent or is in progress; assist in the detection and prosecution of offenders;

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promote a safer and more liveable environment; and measure various patterns of traffic (both pedestrian and vehicle) movement, congregation and

behaviour to better manage public safety and risk in public places. b The Program is also intended to assist in the prevention of crimes against the person or property, and

in the prevention of other criminal offences and general offences, including but not limited to, robbery, outstanding warrants or wanted persons, extortion, fraud, assault, theft, break and enter, malicious damage, trespass, selling of and/or receiving stolen goods, drug related offences, weapon related offences, shoplifting, traffic and motor vehicle offences and accidents, truancy and juvenile related offences, offences and non-compliance under Local Government Act 1993 or other relevant Acts.

c The Program may also utilise Intelligent Surveillance and/or Behaviour Analysis software for detection

of the following, but not limited to, intrusion detection, detection and/or tracking of objects in un-crowded scenes, person or vehicle traffic counting, crowd and traffic management, slip and fall detection, detection of suspicious behaviour, vehicle and facial recognition, non-motion detection.

d The NSW Police may use cameras regulated under the Program during major events, emergency

situations such as a siege, riotous behaviour, bomb blast or controlled police operations. e Cameras may be used to monitor individuals, groups or locations when the operator believes that an

offence either has been committed, is being committed, or is about to be committed in the monitored area.

f The Code of Practice and Standard Operating Procedures (SOPs) emphasise Council’s commitment to

ensuring the privacy of individuals is protected, ensuring cameras are used for their designated purpose and the rights of individuals are protected.

g Council and the operators of the CCTV system will use all reasonable efforts to prevent the occurrence

of false association arising from the operation or utilisation of the CCTV system. h Operators of the CCTV system are accountable under this Code of Practice and the Privacy and

Personal Information Protection Act 1998 for their use of the CCTV system. i Where permission has been granted, cameras may be placed on private commercial, business or

residential property and technically attached to the Program system to enhance the programs operational efficiency and effectiveness.

j. It is noted that CCTV Cameras are not placed to cover all conceivable areas. Rather, cameras are

installed at ‘priority’ locations. The criteria for determining ‘priority’ locations includes the level of pedestrian traffic flow through an area, whether there has been a history of crime and requests for camera installation.

k. CCTV Cameras installed in locations that are later deemed to be non-priority locations, or not assisting

Council achieve the objectives identified in this Policy, will be removed. Principle 2 – Ownership of the Program, Responsibilities and Accountability Council is responsible for compliance with the objectives of the CCTV Program and the protection of the interests of the public in relation to the Program. Council is accountable for the effective operation and management of the CCTV Program. a Council is responsible for the Code of Practice and for ensuring compliance with the principles

contained within the Code. b Council will provide information to the public on its website about the operation of the CCTV Program

and about any proposed major amendment to the program or Code of Practice.

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c Council will either operate the system, or give authority to an appointed contractor to operate the system.

d Council has the right of inspection of all CCTV facilities, procedural documentation, files, registers,

records, and live and recorded material associated with the CCTV Program. Principle 3 - Police Involvement in the Program As a partner to Council’s CCTV Program, the NSW Police will act in accordance with this Code of Practice, and the Memorandum of Understanding (MOU) between Council and Police. Contact related to the CCTV Program between Council staff, any delegated contractors and the NSW Police, will be conducted in accordance with the Code of Practice and MOU. a Any involvement in the CCTV Program by NSW Police will be in accordance with this Code of Practice. NSW Police agree to: b Contribute to the program including the identification of crime ‘hot spots’ and where cameras may be

required; c Contribute to the Standard Operating Procedures (SOPs) that support this Code of Practice; d Develop its own Standard Operating Procedures [SOPs] in relation to the CCTV Program to complement

those developed by Council; e Provide space for the installation of monitor[s] at Wollongong local police station where officers have

the opportunity to view screens at the discretion of the NSW Police; f Following notification through to Local Area Command, determine the level of response to incidents

identified on monitoring screens, according to available resources and existing priorities; g Provide ongoing information and advice to Council on the nature and level of crime in the monitored

areas; h Participate in the evaluation process for the program. The NSW Police will not be responsible for the provision of: i Direct financial support of the program; or j Direct human resources for monitoring of the program. It is noted that Police will not have the ability to record footage shown on Council’s CCTV system. Separate application will need to be made to Council. Principle 4 – Public Information and Community Consultation The public will be provided with clear and easily accessible information in relation to the operation of the CCTV Program. a Signs advising that CCTV cameras are operating will be conspicuously displayed at the perimeter of the

area covered by the system and at other key points as determined by Council. These signs will clearly:

Inform the public that cameras are in operation in the vicinity; Inform the public that footage is recorded 24 hours a day, 7 days a week; Identify Council as the owner of the CCTV Program;

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Provide a contact telephone number for inquiries in relation to the CCTV cameras.

b Copies of the Code of Practice will be made available to the public upon request and on Council’s website.

c Confidential Standard Operating Procedures (SOPs) will not be made available to the public without

approval by Council. d Inquiries in relation to Council’s CCTV Program and its operation can be made in writing to Council,

Attention General Manager, Locked Bag 8821 Wollongong DC 2500. e The proposed installation of CCTV cameras in other locations of the City, or their removal, will be the

subject of an initial written crime assessment by Council, followed by community consultation, incorporating a community consultation strategy and consultation with the Community Safety Reference Group. Any changes will also be reported to Council’s Audit Committee.

f. Where it has been determined that CCTV cameras will be installed or removed following the process

outlined in clause (e) above, this Policy will be amended to reflect the change only after the bi-annual evaluation referred to at Principle 5 below.

Principle 5 – Evaluation of the Program Evaluation of the CCTV Program will be undertaken to identify whether the purposes of the Program are being complied with. The evaluation will extend to whether Council’s Policy and Code of Practice are being adhered to. a Council is responsible for ensuring that the CCTV Program is regularly evaluated to ensure that the

program is meeting its aims and objectives. b Council will undertake an evaluation of the CCTV Program every two years, to be conducted by a CCTV

Camera Program Evaluation Committee. An Audit will also be undertaken every two years. c The Evaluation Committee will include:

Authorised Council officers; Authorised Council representatives, which may include consultants; Chief Crime Manager, NSW Police Wollongong Area Command or his/her delegate; Members of Council’s Community Safety and Audit Committees.

d The functions of the Evaluation Committee will include: To provide an independent and continuous review mechanism for the Program; To identify and report any deviations from the Policy or SOPs that come to notice; To recommend actions that will safeguard and enhance the CCTV Program.

e. The Evaluation Committee will provide a review and report on matters including:

Description of the system; Purpose and objectives of the program; Changes if any to the extent of the system; Any major amendments to the Code of Practice; Number and nature of any complaints; Requests for copy of recorded material or photographs by NSW Police and the assistance given to

NSW Police for detection of incidents and/or offenders; Locations where additional cameras may be required; Assessment of its impact upon crime where directly evident;

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Change in public perception of personal safety through an independent survey; Assessment of system and any technology problems.

f. The results of the evaluation will be made available for public information upon request and on Council’s website.

g. The Audit undertaken will examine such matters as:

Complaints received, and responses provided; Processes used to receive, assess and process access requests; Whether the systems and processes utilised remain good practice; Procurement of CCTV.

Principle 6 – Management of the CCTV Control Room Staff and contractors employed to work in the CCTV control room, whether they be operators or managers, will meet and apply the highest standards of probity. Access to the CCTV control room will be restricted to qualified operating staff and authorised Council officers and the control room will be protected from unauthorised access. a The CCTV control room is located in Crown Street Mall. b. A set of Standard Operating Procedures [SOPs] has been developed for CCTV control room staff. c. Access to the control room and recordings captured by the cameras are not available to members of

the public. Procedures will be put in place to ensure that access to the control room is restricted to operating staff only and approved Council staff and from unauthorised access at all times.

d. The circumstances in which visitors are able to access the control room will be controlled and outlined

in the Standard Operating Procedures. All such access shall be recorded in a register, including the identity of accompanying persons.

e. Council and/or its security provider/contractor will adopt and maintain:

A requirement that staff must have and maintain at all times all necessary licensing requirements and be qualified at a suitable level to meet all relevant legislative and regulatory requirements;

A procedure within its Standard Operating Procedures (SOPs) which makes it plain to staff that they risk disciplinary proceedings (including dismissal) if they breach any of the provisions of the Code of Practice and Standard Operating Procedures;

A requirement of confidentiality which can be enforced during & after termination of employment; Appropriate systems so as to keep a record of all requests for footage, as well as the response.

f. In all other locations where CCTV camera vision is available, Council is to ensure that staff have an

awareness of the above requirements to the extent they apply to their location, as well as the importance of ensuring confidentiality and appropriate access to footage.

Principle 7 – Control and Operation of Cameras Information recorded will not exceed that necessary to fulfil the purposes of the CCTV Program, and will be obtained fairly and in accordance with the privacy provisions in this Code of Practice. a CCTV Cameras may be housed in weather protective domes or cases which will be clearly apparent to

the public and not be unduly concealed, other than when used by NSW Police in covert or special operations.

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b Cameras will not be used to look onto adjacent or nearby premises, buildings, commercial premises or private residences unless requested by the NSW Police for the purpose of:

Following participants in a crime; Following participants suspected of being involved in a crime; NSW Police Intelligence gathering; NSW Police special or covert operations; Monitoring persons or motor vehicles suspected of being involved in a crime; and Monitoring property suspected of being used to accommodate criminal activity.

c Operators of camera equipment will act in accordance with the highest standards of probity and will

control cameras to record subjects or particular places strictly in accordance with the purposes of the CCTV Program, this Code and applicable legislative requirements.

d Only personnel with responsibility for using the equipment will have access to operating controls, and

recording facilities, except in the case of an emergency whereby NSW or Federal Police may have access.

e. Where a camera has been deployed to assist ocean lifeguards and surf life saving volunteers, the lens,

zoom and picture size are to be maintained in such a manner that images that enable the identity of persons to be ascertained cannot occur.

Principle 8 – Retention of and Access to Recorded Material The retention of, and access to, recorded material will be only for the purposes provided by this Code of Practice and will be kept no longer than is necessary for the purposes of the CCTV Program. Recorded material no longer required will be disposed of using approved disposal methods. a All requests for access to recorded material, other than by authorised representatives of Council, must

be made to Council by means of an Access Application pursuant to the Government Information (Public Access) Act 2009. Access Applications will be determined by Council’s authorised officers in accordance with the provisions of that Act.

Access to recorded material by the NSW Police, following the making of an Access Application, will only be granted: In compliance with the needs of NSW Police in the investigation and detection of a crime or

suspected crime; For use in NSW Police intelligence gathering; For use in relation to special or covert operations; For providing evidence in actual or possible criminal and/or civil proceedings; For identification of witnesses; and/or For research/development purposes.

b Recorded material will be treated according to all relevant and appropriate legislation and standards. c Recorded material will not be sold or used for commercial or other purposes or the provision of

entertainment and will only be used for the purposes as set out in the Code of Practice. d The showing of recorded material to the public will be permitted only in accordance with the needs of

the NSW Police and/or Council’s security provider in connection with the investigation of crime or in any other circumstances provided by law.

e Subject to the concurrence or request of the NSW Police, the release of recorded material to the media

may be approved by Council.

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f Use of recorded material by the media should only occur to gain public information with respect to the

identity of a person/s wanted. The recognisable characteristics of other people in the footage shall be obscured.

g Any material released to the media will be accompanied by a signed release which clearly states what

the material will be used for and sets out the limits on its use. h Appropriate security measures will be taken against unauthorised access to, alteration, disclosure,

accidental loss or destruction of recorded material. i Images will generally be retained for no less than 21 days, and thereafter will be deleted, unless they

are required to be retained in relation to the investigation of crime, or for Court proceedings notified to Council or for ongoing intelligence and investigations.

j All images may be recorded and retained for a period less than outlined in (i) above, during times of

upgrading, repair or changeover of IT and camera software or hardware, or during periods of maintenance or replacement of equipment or assets.

k If in the rare circumstance that IT hardware fails and the current recorded images of up to 21 days are

deleted, all reasonable efforts to repair or replace equipment will be made. l To safeguard the integrity of the footage, all live footage of Wollongong City Centre locations is

recorded through Council’s central IT system. m Council retains ownership of and has copyright in all recordings, photographs and documentation

pertaining to the Program.

3. AMENDMENT TO THE CODE OF PRACTICE

3.1 Any major amendment to this Code of Practice will be developed in consultation with the NSW Police,

Council’s CCTV Camera Program Evaluation Committee and Audit Committee. A major amendment is one that will have a major and significant impact on the operation of the Program, for example, a change to the purposes of the Program and/or the key principles of this Code.

3.2 Any minor amendment to the CCTV Program or to the Code of Practice may be made with agreement

by the Director of Corporate and Community Services. A minor amendment is such as may be required for the purposes of an adjustment of the operations of the program or clarification of the CCTV Program or the Code of Practice.

4. COMPLIANCE AND BREACHES OF THE CODE

4.1 Responsibility for ensuring the Code of Practice is adhered to rests with Council. This responsibility

includes ensuring that breaches of the Code are investigated and remedied to the extent that breaches of the Code are within the ambit of Council’s power to remedy.

4.2 Where surveillance is required for the security of employees or Council assets, such surveillance

devices will only be used in accordance with Council Management Policy - Surveillance of Employees. 4.3 Council, in developing this Code of Practice, referred to the following Acts:

Security Industry Act [NSW] 1997; Workplace Surveillance Act [NSW] 2005; Government information (Public Access) Act 2009; and Privacy and Personal Information Protection Act [NSW] 1998

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4.4 Council, in developing this Code of Practice, referred to the following public documents:

NSW Division of Local Government CCTV Guidelines for the Establishment and Operation of CCTV; Australian Standards National Code of Practice; Code of Practice – City of Sydney Council; Code of Practice – Melbourne City Council; Code of Practice - Shoalhaven City Council; and Code of Practice – Sutherland Shire Council.

5. COMPLAINTS

5.1 A straightforward and efficient complaint handling procedure is provided by Council. 5.2 Complaints in relation to any aspect of the management or operation of the system may be made in

writing to Council, Attention General Manager, Locked Bag 8821 Wollongong DC NSW 2500. 5.3 The General Manager will inform the next round of the Evaluation Committee of each complaint

received, and how it was dealt with. 5.3 Where a complaint cannot be resolved within Council, the complainant will be referred to an outside

agency to seek resolution. 5.4 The Privacy and Personal Information Protection Act 1998 authorises Privacy NSW to receive and

investigate complaints about alleged violations of privacy. Any member of the public is entitled to lodge a complaint with Privacy NSW. Council will cooperate with the investigation of any complaint by Privacy NSW.

5.5 Privacy NSW can be contacted at: Privacy NSW Locked Bag 5111 Parramatta NSW 5111 Tel(02) 8688

8585, or email [email protected].

6. RESOLUTION

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14

SSUUMMMMAARRYY SSHHEEEETT

RREESSPPOONNSSIIBBLLEE DDIIVVIISSIIOONN [INSERT]

DDAATTEE AADDOOPPTTEEDD OONN BBEEHHAALLFF OOFF CCOOUUNNCCIILL Executive Management Committee [INSERT]

DDAATTEE OOFF PPRREEVVIIOOUUSS AADDOOPPTTIIOONN((SS)) Executive Management Committee 6 November 2006

DDAATTEE FFOORR NNEEXXTT RREEVVIIEEWW [INSERT]

PPRREEPPAARREEDD BBYY

AAUUTTHHOORRIISSEEDD BBYY

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Trim ref Z11/7418 1

CUSTOMER SERVICE

CCOOUUNNCCIILL PPOOLLIICCYY

BACKGROUND

Wollongong City Council strives to deliver standards of customer service at the highest level and this is reflected in our Community Strategic Plan and our Organisational Values. This policy details how Council delivers on the commitment to customer service and how we measure our performance. This policy and the Customer Service Charter form the Customer Service Framework. . Council’s commitment to Customer Service includes an effective complaint handling system. It is recognised that this is one method of measuring customer and client satisfaction to provide a useful source of information and feedback for continual improvement of our service.

OBJECTIVE

The aim of this policy is to: o ensure we deliver the service as outlined in the Wollongong City Council Customer Service Charter and to

outline customer rights and responsibilities; provide customers with a choice as to how they provide feedback to Council about service provision; provide a structure around responding to, recording, reporting and using feedback to improve service to

customers; outline customer rights and responsibilities. Council’s Customer Service Framework includes an effective complaint handling system which aims to benefit both our customers and Council in a number of ways including: responding to feedback/complaints equitably, objectively and in an unbiased manner, ensuring there is no

loss of service to the customer creating a second chance to provide service and satisfaction to dissatisfied customers identifying areas of service delivery that need improving providing an opportunity to strengthen relationships between the community and Council assist in the planning of and allocation of resources

DRAFT

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POLICY STATEMENT

Commitment to Customer Service Wollongong City Council is committed to delivering a quality customer service that is consistent for all customers. We understand that customers have an expectation that they receive the best possible service that can be practically achieved. Our service is reflective of our organisational values. We aim to: Deliver service in a friendly, knowledgeable and professional manner by: Being respectful, courteous and impartial in all dealings Identifying ourselves when we talk to customers Listening carefully to customers Ensuring that personal information is kept confidential at all times Having trained and professional staff who will uphold Wollongong City Council’s Values and Code of

Conduct.

SSTTAATTEEMMEENNTT OOFF PPRROOCCEEDDUURREESS

In order to meet the Customer Service commitment, Council will ensure that all staff have access to a range of training and materials to support their Service Delivery. We acknowledge the diversity of our communities and understand that all members of the public have individual rights and needs and we will act with proper regard and sensitivity. We aim to offer quality service by recognising this diversity and ensuring individual needs are met. We will provide clear and logical means for customers to access services, facilities and information including assistance where necessary to lodge requests or provide feedback. Wollongong City Council has access to interpreter services where required including multi lingual staff. Wollongong City Council recognises that our customers may wish to contact Council in a variety of ways and we are committed to providing choice about how customers can access Council Services. Customers can contact Wollongong City Council via the Council Website, by telephone, by email, in our Customer Service Centre and by mail. Standards The importance of measuring how well we deliver customer service is recognised. Council has established a feedback handling process to ensure that customers are able to provide feedback and to enable improvement in Service Delivery. We will also measure how well we deliver our customer service through measurement against a number of standards. In relation to our Customer Service Centre, we aim to: o Answer 80% of telephone calls within 30 seconds o Attend to 80% of enquiries made in person within 5 minutes As an organisation, we.aim to

o respond to 85% of written correspondence within 10 working days o achieve resolution* of customer feedback within 5 working days

*resolution is defined as providing the customer with all relevant information and/or outline of action required and timeframe for completion and/or completed all action required. Our performance is measured against the key performance indicators and reported in the Quarterly Management Report and the Annual Report. .

DRAFT

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Customer Request Management System The Customer Request Management System (CRMS) is utilised to enable the logging, allocating, tracking and reporting of all Customer Service Requests. The CRMS is integrated with all relevant organisational mandated systems. Council is committed to: Ensuring whole of Council utilisation of the CRMS. Delivering control and tracking mechanisms to ensure service standards are being met. The regular review of the CRMS and Customer Service On-line. Upgrading the CRMS and Customer Service On-line when necessary and appropriate. Provision of training and education to support cross organisational use.. Customer Feedback Quality customer service consists of providing an efficient, fair, impartial and responsive service. It is also about delivering the most appropriate and complete service at the outset. However, things can and do go wrong and can only be put right and a quality service delivered where Council becomes aware of the issue. Council’s feedback handling system provides an opportunity for service recovery. Customer feedback encompasses complaints, compliments and suggestions. Specifically a ‘complaint’ is an expression of dissatisfaction with Council’s policies, procedures, charges, employees, contractors, quality of service or goods sold or provided. Feedback does not include: A request for service (unless it’s a second request, where there was no response to the first) A request for information or explanation of policies or procedures Reports of damaged or faulty infrastructure (ie potholes) Reports of hazards (eg. fallen trees) Disputes concerning neighbours The lodging of an appeal or request to review a decision Lodgement of Feedback Customer feedback can be provided: Via Council’s Website On the Council form “Tell us what you think” available at Council facilities and Libraries By phone In person at Councils Customer Service Centre By email By Fax By letter Council has trained staff dedicated to dealing with, and finalising, customer feedback. Customer Feedback Review Process In cases where the customer is dissatisfied with the resolution of Customer Feedback, the customer should advise the Customer Service Manager in writing, the reasons for dissatisfaction within 28 days of the initial verbal or written advice. The Customer Service Manager will liaise with the relevant Senior Manager to investigate the matter. Further resolution processes may be implemented such as mediation or conciliation. The Customer Service Manager will provide a written response to the customer within 28 days.

DRAFT

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It is important to note that throughout the feedback handling process, Council expects that the customer will provide all relevant information. Additional reviews will not be undertaken. Complaints about Council can also be directed to the NSW Ombudsman. Customer Responsibilities Council requires that customers assist Council staff in our service delivery by: Treating staff with courtesy and respect Respecting the rights of other customers Being honest and accurate in information sought and supplied to Wollongong City Council Working with us to resolve problems Providing Council with feedback Respecting our community At times some members of the public may act inappropriately toward Council staff or may make onerous demands on Council resources. Staff Guidelines have been developed to enable staff to deal effectively with customers in such situations. Guidance Notes This policy is applicable to the following persons: All Council employees, including all contractors and volunteers Customers defined as any person or organisation that engages with Council, or seeks product, service or

information offered by Council A Customer Service Request is defined as a request for action to be taken in relation to a service or product of Council. Related Policies Customer Feedback Handling Policy DRAFT

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SSUUMMMMAARRYY SSHHEEEETT

RREESSPPOONNSSIIBBLLEE DDIIVVIISSIIOONN Governance and Information

DDAATTEE AADDOOPPTTEEDD OONN BBEEHHAALLFF OOFF CCOOUUNNCCIILL

DDAATTEE OOFF PPRREEVVIIOOUUSS AADDOOPPTTIIOONN((SS)) 23 September 2008 - Minor amendments made by Executive Management Committee 6 October 2010

DDAATTEE FFOORR RREEVVIIEEWW 31 August 2014

PPRREEPPAARREEDD BBYY Customer Service Manager

AAUUTTHHOORRIISSEEDD BBYY Manager Governance + Information

DRAFT

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WATERFALL GENERAL (GARRAWARRA) CEMETERYPHOTOS OF SITE – JANUARY 2012

The Old South Coast Road which forms the access road to the Cemetery. The Cemetery islocated in the bush, left of image.

Image showing the overgrown condition of the Cemetery

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Wollongong City Flood Study

WMAwater 111022:WollongongCBD_FloodStudy_v3:17 May 2012

ii

EXECUTIVE SUMMARY

BACKGROUND

The Wollongong City catchment area includes the suburbs of Wollongong (south of Crown

Street), Coniston, and northern Port Kembla, and drains towards Wollongong Golf Course and

JJ Kelly Park, ultimately discharging into Port Kembla Inner Harbour via the Gurungaty

Waterway and Tom Thumb Lagoon. There have been several recorded instances of flood-

producing storms in the catchment, including March 1978, March 1983, December 1990, March

1995, March 2011 and February 2012.

A previous Flood Study of the lower catchment area, including modelling of open channel areas

of Wollongong Golf Course and JJ Kelly Park, was undertaken in 1990 by GHD on behalf of the

Water Board (Reference 3). The study did not estimate flood behaviour in residential areas of

the catchment. The area was also included in a study on the August 1998 storms that affected

the greater Wollongong region (Reference 4), which found that rainfalls near the coast at

Wollongong City were far less severe than those that fell higher on the Illawarra Escarpment.

The present Flood Study has been commissioned by Wollongong City Council (WCC), with

assistance from the NSW Office of Environment and Heritage (OEH). This study considers

flooding in the entire Wollongong City catchment from local storm runoff, as well as backwater

flooding from tidal influences in Port Kembla Inner Harbour.

The key objective of this Flood Study is to develop a suitable hydraulic model that can be used

as the basis for a Floodplain Risk Management Plan for the study area, which will assist

Wollongong City Council to undertake flood-related planning decisions for existing and future

developments. Previous hydraulic modelling of the study area was limited in extent, and did not

estimate flood levels or flows in residential areas of the catchment.

The primary objectives of the study are:

• to determine the flood behaviour including design flood levels and velocities over the full

range of flooding up to and including the PMF from storm runoff in the Wollongong City

Catchment and from tidal influences;

• to provide a model that can establish the effects on flood behaviour of future

development;

• to assess the sensitivity of flood behaviour to potential climate change effects such as

increases in rainfall intensities and sea level rise; and

• to assess the provisional hydraulic categories and undertake mapping of provisional

hazard, preliminary emergency response planning classifications, and preliminary flood

planning extent areas.

This report details the results and findings of the Flood Study investigations. The key elements

include:

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Wollongong City Flood Study

WMAwater 111022:WollongongCBD_FloodStudy_v3:17 May 2012

iii

• a summary of available historical flood related data;

• establishment and validation of the hydrologic and hydraulic models;

• sensitivity analysis of the model results to variation of input parameters;

• potential implications of climate change projection; and

• the estimation of design flood behaviour for existing catchment conditions.

A glossary of flood related terms is provided in Appendix A.

FLOOD BEHAVIOUR

The drainage characteristics of the catchment have been significantly altered as a result of

urbanisation, particularly in the last 50 years. Most sections of creek and open channel have

been covered in the course of development of the catchment, in most instances replaced with

pipes. Isolated sections of open channel remain in the upper catchment (particularly the

northern branch, Figure 2), as well as within the golf course and JJ Kelly Park. Urbanisation has

resulted in the following impacts:

• an increase in the proportion of paved area and consequent reduction in rainfall

infiltration, with increases in runoff (both in terms of peak flows and volumes);

• the introduction of embankments (road and rail) and other impediments to flow (such as

fences) along major drainage paths, creating trapped depressions where temporary

ponding of flood waters can occur; and

• an increase in development density within lower lying areas of the catchment where

flood issues are more problematic.

COMMUNITY CONSULTATION

In collaboration with WCC, a questionnaire and information sheet were distributed to residents

and owners of property within the study area catchment, describing the role of the Flood Study

in the floodplain risk management process, and requesting records of historical flooding. A total

of 3113 surveys were distributed with reply paid envelopes, and 393 responses were received (a

return rate of 13%). Of these, 314 responses related to residential property, 59 related to

commercial or industrial property, and 3 related to both residential and non-residential property.

The remaining 17 responses did not indicate the type of property.

The flood experiences described in the survey responses generally related to nuisance flooding,

such as ponding of stormwater in roadways or gardens, although instances of above floor

flooding in both residential and non-residential properties were also reported. December 1990

and March 1995 were the storms with the most reports of above floor inundation of residential

property, with 5 instances apiece.

OUTCOMES

The hydrological and hydraulic modelling undertaken for this study has defined flood behaviour

for the 5 year, 10 year, 20 year, 50 year and 100 year ARI design floods, as well as the

Probable Maximum Flood (PMF). The modelling process included a calibration/validation

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Wollongong City Flood Study

WMAwater 111022:WollongongCBD_FloodStudy_v3:17 May 2012

iv

process that was somewhat limited by the availability of suitable hydrological data. Extensive

sensitivity analyses were undertaken to assess the influences of modelling assumptions on key

outputs, and the potential impacts of future climate change. Provisional hazard and hydraulic

category mapping has been completed for the 1% AEP and PMF events.

Based on the responses to the community consultation process, residents of the Wollongong

City catchment are reasonably aware of flood issues in the area, due to a number of moderate

flood events in the last 20 years, however, they may not be aware of the risks of a larger flood

closer to the magnitude of the 1% AEP event. Based on inspection of the provisional hazard

maps, some particularly high risk areas, in terms of risk to property and risk to life, include:

• Swan Street, and the southern parts of Kembla, Evans and Church Streets;

• Springhill Road, particularly between Swan Street and Keira Street;

• Springhill Road, 200 m to 300 m south of Masters Road;

• Trapped depressions along Gladstone Avenue upstream of the railway line, particularly

near Osborne Street, Union Street, Robertson Street, and Vale/Grasmere Streets;

• Auburn Street, just south of Swan Street;

• Vacant land at the northern end of Gregory Street; and

• Wollongong Golf Club.

The design flood levels determined in this study report incorporate an envelope of blockage

scenarios to give a “worst-case” for blockage, in accordance with Council’s Conduit Blockage

Policy.

The design flood modelling indicates that significant flood depths may occur on the western side

of the railway embankment, and shallow overtopping of the railway line at some locations, even

without blockage of drainage systems under the railway. WMAwater understand the

embankment has not been specifically designed to withstand hydrostatic or hydrodynamic

loading resulting from flooding. It is recommended that the potential for embankment failure

resulting from ponding of upstream floodwaters and overtopping be investigated by the

responsible authority as a matter of priority.

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Wollongong Section 94A

Development Contributions Plan (20121)

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Wollongong Section 94A

Development Contributions Plan (20121)

Document Control

Document ID: Wollongong City Council Section 94A Plan

Rev No Date Revision Details Typist Author Verifier Approver

1 March 2006 Draft for exhibition (2006 version) ZS ZS ZS ZS

2 June 2006 In force (2006 version) ZS ZS ZS ZS

3 December 2006 Ministers Direction under S94E added ZS ZS ZS ZS

4 May 2007 Draft for exhibition (2007 version) ZS ZS ZS ZS

5 June 2007 In force (2007 version) ZS ZS ZS ZS

6 May 2008 Draft for exhibition (2008 version) DG DG DG DG

7 24 July 2008 In force (2008 version) DG DG DG DG

8 28 July 2009 Draft for exhibition (2009 version) DG DG DG DG

9 27 October 2009 Endorsed by Council DG DG DG DG

10 4 November 2009 In force (2009 version) DG DG DG DG

11 27 July 2010 Draft for exhibition (2010 version) DH DH JB RC

12 6 Sept 2010 In force (2010 version) DH DH DG DG

13 3 June 2011 Draft for exhibition (2011 version) DH DH DG DG

14 26 July 2011 In force (2011 version) DH DH DG DG

15 2 August 2012 Draft for exhibition (2012 version) DH DH DG DG

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Section Page

Part A - Summary Schedules 222 1. Schedule 1 - Summary of levy 222 2. Schedule 2 – Works schedule summary 222

Part B – Expected Development and Demand for Public Facilities 333

Part C – Administration and Operation of the Plan 333 3. What is the name of this contributions plan? 333 4. Where does this plan apply? 333 5. What is the purpose of this contributions plan? 333 6. When does this development contributions plan commence? 444 7. Relationship with other development contribution plans 444 8. What does Section 94A of the Act provide? 666 9. Council may require payment of the levy as a condition of development consent666 10. How will the levy be calculated 666 11. Development to which this plan applies 666 12. Are there any exemptions to the levy? 666 13. Complying Development Certificates and the obligations of accredited certifiers 888 14. Construction certificates and the obligations of accredited certifiers 888 15. How is the proposed cost of carrying out development determined? 888 16. Cost estimate reports must accompany an application for a development

application or a complying development certificate 999 17. Who may provide a report for the purposes of clause 15 of this plan? 999 18. How will the Council apply money obtained from the levy? 999 19. What are the funding priorities from levies authorised by this plan? 101010 20. Pooling of levies 101010 21. The Goods and Services Tax (GST) 101010 22. When is the levy payable? 101010 23. Can deferred or periodic payments of levies be made? 101010 24. Are there alternatives to payment of the levy? 111111 25. How will the levy be adjusted? 121212 26. Savings and Transitional Arrangements 131313 27. Are refunds for payments of levies possible? 131313

Part D – References 131313 28. What definitions apply? 131313 29. Schedule 3 - Detailed Cost Report 141414 30. Schedule 4 –Detailed Works Schedule 151515 31. Schedule 5 - Works Schedule – Maps 202017

Table of Contents

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Part A - Summary Schedules

1. Schedule 1 - Summary of levy

The rate of the levy is calculated as follows:

Proposed cost of the development (Determined in accordance with Clause 15)

Maximum percentage rate of the levy

Up to $100,000 Nil $100,001 - $200,000 0.5% More than $200,000 1%

Within the B3 Commercial Core zone in the Wollongong City Centre an additional 1% levy is applied to all development with a cost of more than $250,000 and that increases the gross floor area (i.e. total levy of 2%). This contribution provides funding towards the Special City projects nominated in the Civic Improvements Plan for the Wollongong City Centre, reproduced below. The timing of the implementation of the projects will be determined through Councils Management Plan process as funding permits, and then detailed in Part D Schedule 4.

Item Cost Estimate

Crown Street Upgrade $14,200,000

City Beach Waterfront Improvements $11,000,000

Civic Precinct Revitalisation $21,000,000

MacCabe Park Landscape Improvements $12,000,000

Bus Transport Initiatives $20,000,000

Traffic Management Works $2,000,000

City Centre Car Park $8,000,000

Total $88,200,000

Note: Effective from 30 December 2009 in response to Council’s request, the NSW Government Minister for Planning issued a direction removing the additional 1% levy under Section 94EE of the Environmental Planning and Assessment Act 1979 for development with a cost of more than $250,000 in the Commercial Core (B3 zone), within the Wollongong City Centre. This special levy was applied to fund improvements to regional infrastructure, namely the Wollongong Railway Station and Wollongong Harbour. Council resolved at its meeting 2 March 2010 to refund all funds collected under this levy, refunds were finalized by 30 June 2010. As such the total levy payable is as per the table above.

2. Schedule 2 – Works schedule summary

Project

6,365,706$ 31,505,778$

5,607,000$ 24,283,618$

1,806,000$ 3,114,000$

1,191,000$ 4,246,000$

5,132,000$ 10,925,000$

3,750,000$ 3,750,000$

680,000$ 1,610,000$

24,531,706$ 79,434,396$ TOTAL

Land Acquisitions

Administration

Roads and Bridges

Parks, Gardens and sports fields

Non-Commercial buildings

Car parks

Footpaths and Cycleways

Project Cost(2012-13 to 2016-17)

Section 94A contribution

(2012-13 to 2016-17)

For further details refer to Part D Schedule 4 – Detailed Works Schedule page 165.

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Part B – Expected Development and Demand for Public Facilities

This part broadly discusses the relationship between the expected types of development in the Council’s area and the demand for additional public amenities and services to meet that development. That relationship is established through current demographic information. The expected types of development include but are not limited to:

• Alterations and additions to existing development; • Dwellings of all forms; • Commercial development located primarily in commercial precincts; • Industrial development; • Subdivisions; and • Mixed use development.

The relationship between expected development and the demand for public facilities is established through:

• The population projections undertaken by Council, adopted from the Australian Bureau of Statistics (ABS) information indicates that continued population growth in Wollongong is expected. A projected population of 234,000 is expected by 2026.

• Accelerating housing costs in metropolitan Sydney contribute to certain pressures in Wollongong, particularly new housing developments, which will largely impact the future needs of the region.

• The likely population growth will diminish the enjoyment and standard of public facilities for the existing population unless additional facilities are provided to meet the additional demand.

• The likely growth will require the provision of additional public facilities to meet additional demands.

Wollongong City Council wants to ensure that it has a sustainable local government area, safeguarding the economic, social, cultural, and environmental wellbeing of present and future generations. The section 94A levy will assist Council to provide high quality and diverse public facilities to meet the expectations of the existing and new residents of Wollongong City Council. The additional public facilities to be provided to meet the expected future development are set out in Part D Schedule 4. The demand for facilities within the Wollongong City Centre is based on the growth and development projected for the Wollongong City Centre in the Illawarra Regional Strategy and Wollongong City Centre Plan. In particular, this includes the total developable floor space allowed under the Wollongong LEP 2009 and Wollongong DCP 2009.

Part C – Administration and Operation of the Plan

3. What is the name of this contributions plan?

This Plan is called the “Wollongong City Council Section 94A Development Contributions Plan”. 4. Where does this plan apply?

This plan applies to all land within the local government area of Wollongong City Council excluding Stages 1 & 2 of the West Dapto Urban Release area as shown on Figure 1. 5. What is the purpose of this contributions plan?

The purposes of this contributions plan are:

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• To authorise the imposition of a condition on certain development consents and complying development certificates requiring the payment of a contribution pursuant to section 94A of the EP&A Act 1979.

• To assist the council to provide the appropriate public facilities which are required to maintain and enhance amenity and service delivery within the area.

• To publicly identify the purposes for which the levies are required. 6. When does this development contributions plan commence?

This Development Contributions plan takes effect from the date on which public notice was published, pursuant to clause 31(4) of the Environmental Planning and Assessment Regulation 2000. This Section 94A Contributions Plan was adopted by Council at its Meeting of 23 August 2011 and came into force on 31 August 2011. 7. Relationship with other development contribution plans

This plan repeals the following section 94 / 94A contributions plans applying in the Wollongong local government area:

• Wollongong Section 94A Contributions Plan (2011 version) – this plan repealed the following plan; • Wollongong Section 94A Contributions Plan (2010 version) – this plan repealed the following plan; • Wollongong Section 94A Contributions Plan (2009 version) – this plan repealed the following plan; • Wollongong Section 94A Contributions Plan (2008 version) – this plan repealed the following plan; • Wollongong Section 94A Contributions Plan (2007 version) – this plan repealed the following plan; • Wollongong Section 94A Contributions Plan (2006 version) – this plan repealed the following

Section 94 plans: o CP No 1 Open Space Embellishment, Recreation Facilities, Community Facilities; o Amendment to CP No 1 Open Space; o CP No 2 Traffic Management & Road Works in City of Wollongong; o CP No 3 Car Parking in the City of Wollongong; o CP No 4 Studies & Administration; o CP No 6 Car Parking in Area between Fairy Creek & Georges Plan Nth Wollongong; o CP No 7 Open Space Dedication (Nth Side Kanahooka Road); o CP No 8 Roundabout at the intersection of Unara Road, Yalunga Street & Princes

Highway, Dapto; o CP No 9 Mount Brown Local Area Traffic Management Scheme; o CP No 10 Bank Street (Road Works & Intersection Upgrade); o CP No 11 Bank Street (Car Parking Facility between Bank & Stewart Sts); o CP No 12 Sandon Point Section 94 Land Acquisition; and o CP No 13 Library Resources.

Any other section 94 contributions plans that are not repealed continue to apply to all areas and development to which they are stated to apply.

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Figure 1

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8. What does Section 94A of the Act provide?

Section 94A of the Act provides as follows:

94A Fixed development consent levies (1) A consent authority may impose, as a condition of development consent, a requirement that the applicant pay a

levy of the percentage, authorised by a contributions plan, of the proposed cost of carrying out the development. (2) A consent authority cannot impose as a condition of the same development consent a condition under this

section as well as a condition under section 94. (3) Money required to be paid by a condition imposed under this section is to be applied towards the provision,

extension or augmentation of public amenities or public services (or towards recouping the cost of their provision, extension or augmentation). The application of the money is subject to any relevant provisions of the contributions plan.

(4) A condition imposed under this section is not invalid by reason only that there is no connection between the

development the subject of the development consent and the object of expenditure of any money required to be paid by the condition.

9. Council may require payment of the levy as a condition of development consent

This plan authorises the Council to grant consent to development to which this plan applies subject to a condition requiring the applicant to pay to the Council a levy calculated as per clause 10. 10. How will the levy be calculated

The levy will be determined on the basis of the rate as set out in Part A Schedule 1 Summary of levy. The levy will be calculated as follows:

Levy payable = %C x $C Where: %C is the levy rate applicable $C is the proposed cost of carrying out development as determined in accordance with clause 15.

Where an exemption is granted for a preceding application under Clause 12(q) “An application for demolition (where there is no replacement building or development)”. On the same subject site (irrespective of sub-division or consolidation occurring) the following application(s) for development, qualifying under clause 11, will be additionally levied the relevant proportion of the levy that would have applied if the cost of development included the “demolition, excavation and site preparation, decontamination or remediation” in accordance with Clause 25J of the Regulation that occurred under the preceding application. 11. Development to which this plan applies

This Plan applies to all applications for development consent and complying development certificates required to be made by or under Part 4 of the Act in respect of development on land to which this plan applies. 12. Are there any exemptions to the levy?

The following Directions under Section 94E of the Environmental Planning and Assessment Act 1979 have been made by the Minister for Planning that require that a Section 94A levy cannot be imposed on development:

a. for the purpose of disabled access (10/11/06); b. for the sole purpose of affordable housing (10/11/06) – (including Granny Flat/Secondary dwelling

under 60m2); c. for the purpose of reducing the consumption of mains-supplied potable water, or reducing the

energy consumption of a building (10/11/06);

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d. for the sole purpose of adaptive re-use of an item of environmental heritage (note: the term “item” and “environmental heritage” have the same meaning as in the Heritage Act 1977) (10/11/06);

e. other than the subdivision of land, where a condition under section 94 of the Act has been imposed under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out (10/11/06);

f. Seniors living development under SEPP Seniors Housing 2004 by a Social Housing provider (14/9/07);

g. Components of school development that is a Building Education Revolution (BER) project (9/9/09).

In addition, Council may allow for the following exemptions (partial or full):

h An application on behalf of the Council for community infrastructure, such as but not limited to

libraries, community facilities, child care facilities, recreational areas, recreational facilities or car parks.

i. An application on behalf of the NSW Government for public infrastructure, such as but not limited to hospitals, police stations, fire stations; education facilities and public transport infrastructure.

j. An application for privately funded community infrastructure, such as but not limited to education facilities, universities, and private hospitals.

k. Any other development for which Council considers an exemption is warranted, where the decision is made by formal ratification of the Council at a public Council meeting.

l. An application by the Council for community infrastructure, such as but not limited to libraries, community facilities, child care facilities, recreational areas, recreational facilities or car parks.

m. An application by the NSW Government for public infrastructure, such as but not limited to hospitals, police stations, fire stations; education facilities and public transport infrastructure.

n. An application for an industrial, retail or commercial development, where there is no increase in floor space within an existing building, such as but not limited to internal fit-out or alteration to existing structure.

o. An application for the continued operation of a coal mine, where rail transport is used for the transportation of coal.

p. An application for a place of public worship.

q. An application for demolition (where there is no replacement building or development).

Submission Requirements for an exemption claim to be considered

For an exemption to be considered in accordance with points h to k above, any such application will need to submit a comprehensive submission arguing the case for exemption and including details of:

• Under which point the exemption claimed is to be considered • The mechanism ensuring that such development will remain in the form proposed in the future

(i.e. Not to increase future demand on public amenities and services), NB: where a further development application or application for complying development under the EP&A Act is required for any change to the development no mechanism is necessary, however if a change of use is available by way of exempt development then the requirement for a mechanism remains.

• Other items if applicable: o How the development will incorporate the maintenance of the item of heritage significance o How the development will contribute to the public benefit of the community o Works in the public domain included in the development o How the residents/users will utilise existing private facilities attached to the development

that replicate those types provided by council.

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A comprehensive submission is not required for points a to g or l to q from the above list. Whilst assessment of any application will include consideration of the provisions of this plan for any exemption that may be warranted, where a comprehensive submission isn’t required, the application should clearly state which point an exemption is expected to ensure it is considered. Exemptions (partial or full) listed under points h to q will only to be granted with approval of the Council Officer(s) whose position(s) holds the required Council delegations or in terms of point k by formal ratification of the Council at a public Council meeting. 13. Complying Development Certificates and the obligations of accredited certifiers

Development applications for Complying Development are also subject to the provisions of this plan, and the payment of a Section 94A contribution. The Complying Development Certificate is to include a condition that requires the payment of a Section 94A contribution (in accordance with the requirements of clauses 1 to 12 above). As the construction certificate is issued concurrently, payment is to be made to Council within 7 days of the date of the Complying Development Certificate. In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid. 14. Construction certificates and the obligations of accredited certifiers

In accordance with Section 94EC of the Environmental Planning and Assessment Act and clause 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied. In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the council in accordance with clause 142(2) of the EP&A Regulation. Failure to follow this procedure may render such a certificate invalid. The only exceptions to the requirement are where the Council has agreed to a works in kind, material public benefit, dedication of land, or deferred payment arrangement. In such cases, council will issue a letter confirming that an alternative payment method has been agreed with the applicant. 15. How is the proposed cost of carrying out development determined?

Clause 25J of the Regulation sets out how the proposed cost of carrying out development is to be determined. That clause provides as follows:

“25J Section 94A levy—determination of proposed cost of development

(1) The proposed cost of carrying out development is to be determined by the consent authority, for the purpose of a section 94A levy, by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

(a) if the development involves the erection of a building, or the carrying out of engineering or

construction work—the costs of or incidental to erecting the building, or carrying out the work, including the costs (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation,

(b) if the development involves a change of use of land—the costs of or incidental to doing anything necessary to enable the use of the land to be changed,

(c) if the development involves the subdivision of land—the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

(2) For the purpose of determining the proposed cost of carrying out development, a consent authority may have

regard to an estimate of the proposed cost of carrying out the development prepared by a person, or a person of a class, approved by the consent authority to provide such estimates

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(3) The following costs and expenses are not to be included in any estimate or determination of the proposed cost

of carrying out development:

(a) the cost of the land on which the development is to be carried out,

(b) the costs of any repairs to any building or works on the land that are to be retained in connection with the development,

(c) the costs associated with marketing or financing the development (including interest on any loans),

(d) the costs associated with legal work carried out or to be carried out in connection with the development,

(e) project management costs associated with the development,

(f) the cost of building insurance in respect of the development,

(g) the costs of fittings and furnishings, including any refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of a current use of land),

(h) the costs of commercial stock inventory,

(i) any taxes, levies or charges (other than GST) paid or payable in connection with the development by or under any law.”

16. Cost estimate reports must accompany an application for a development application or a

complying development certificate

An application for a development application or a complying development certificate is to be accompanied by a report, prepared at the applicant’s cost in accordance with this clause, setting out an estimate of the proposed cost of carrying out the development for the purposes of clause 25J of the Regulation, per clause 15 above. The following types of report are required:

• where the estimate of the proposed cost of carrying out the development is less than $10,000,000 - a suitable cost estimate as determined by Council;

• where the estimate of the proposed cost of carrying out the development is $10,000,000 or more - a detailed cost report in accordance with Part D Schedule 3.

Applicants will be required to declare upon signing of application for development/building work that the cost of carrying out development as evidenced by their submitted estimate has been calculated in accordance with the provisions of this plan, in particular clause 15. 17. Who may provide a report for the purposes of clause 15 of this plan?

For the purpose of clause 25J(2) of the Regulation and clause 15 of this plan, the following persons are approved by the Council to provide an estimate of the proposed cost of carrying out development in the following circumstances:

• where the proposed development cost is less than $10,000,000 - a person who, in the opinion of the Council, is suitably qualified to provide a cost estimate;

• where the proposed development cost is $10,000,000 or more – a quantity surveyor who is a registered member of the Australian Institute of Quantity Surveyors.

Upon reviewing a cost estimate, the Council may require a further estimate to be provided by a registered quantity surveyor at the applicant’s cost. The Council may, at the applicant’s cost, engage a person referred to in this clause to review a report submitted by an applicant in accordance with clause 16. 18. How will the Council apply money obtained from the levy?

Money paid to the Council under a condition authorised by this plan is to be applied by the Council towards meeting the cost of the public facilities that will be or have been provided within the area as listed in Part D Schedule 4.

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19. What are the funding priorities from levies authorised by this plan?

Subject to s93E(2) of the Act and clauses 18 and 20 of this plan, the public facilities listed in Part D Schedule 4 are to be provided in accordance with the staging set out in that Schedule. 20. Pooling of levies

For the purposes of s93E(2) of the Act, this plan authorises money obtained from levies paid in respect of different developments to be pooled and applied by the Council progressively towards the public facilities listed in Part D Schedule 4 in accordance with the staging set out in that Schedule. 21. The Goods and Services Tax (GST)

At the time this Plan was made, the position of the Australian Taxation Office (ATO) was that the payment of development contributions made under the EP&A Act is exempt from the Goods and Services Tax (GST). Items in the works schedule of this Plan have been calculated without any GST component. 22. When is the levy payable?

A levy to be paid by a condition authorised by this plan must be paid to the Council at the time specified in the condition. If no time is specified, the levy must be paid in full prior to the first construction or subdivision certificate issued in respect of the development under Part 4A of the EP&A Act. Payment can be made by cash, credit card, EFTPOS or bank cheque (payable to Wollongong City Council) only.

Payments can be made in person at Council’s Customer service centre located on the ground floor of Wollongong City Council Administration Building, 41 Burelli Street, Wollongong between 8.30am and 5pm Monday to Friday except public holidays during business hours. Bank Cheques will be accepted by mail to Wollongong City Council - Locked Bag 8821, Wollongong DC NSW 2500. 23. Can deferred or periodic payments of levies be made?

Deferred or periodic payments may be permitted in the following circumstances:

• Deferred or periodic payment of the contribution will not prejudice the timing or the manner of the provision of public facilities included in the works program;

• In other circumstances considered reasonable by Council. For a deferred or periodic payment to be considered, the applicant must satisfy to Council that:

• There are valid reasons for deferred or periodic payment; • No prejudice will be caused to the community deriving benefit from the services being provided

under this plan; • No prejudice will be caused to the efficiency and operation of this development contribution plan.

If council does decide to accept deferred or periodic payment, council may require the applicant to provide a bank guarantee for the full amount of the contribution or the outstanding balance on condition that:

a) The bank guarantee be issued by a bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest.

b) Any charges associated with establishing or operating the bank security are payable by the applicant.

c) The bank guarantee must carry specific wording identifying the exact obligation to which it relates (i.e. section 94A development contributions for development of Lot x DP xxx under Development Consent No. xxx)

d) The bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work.

e) The bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development.

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f) The bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required.

g) Where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid.

Deferred or periodic payments may be permitted, in accordance with the above requirements, only with approval of the Council Officer(s) whose position(s) holds the required Council delegations . 24. Are there alternatives to payment of the levy?

The council may accept an offer by the applicant to provide an “in-kind” contribution (i.e. the applicant completes part or all of work/s identified in the plan) or through provision of another material public benefit in lieu of the applicant satisfying its obligations under this plan. The decision to accept such offers is at the sole discretion of the Council. Council may accept such alternatives in the following circumstances:

a) Offer made to the Council as part of a development application

The applicant may include in the relevant development application or in an application for a modification under section 96 of the Act, an offer to carry out works or provide a material public benefit towards which the levy is to be applied. The Council will consider the offer as part of its assessment of the development application or as an application for a modification to a development approval under section 96 of the Act where a levy has been imposed pursuant to this plan. If the Council agrees to the arrangement and grants consent to the application, it will substitute a condition of consent under section 80A or section 96 of the Act (whichever is relevant) requiring the works to be carried out or the material public benefit to be provided for a condition requiring payment of a levy under section 94A. In assessing the applicant’s offer, the Council will have regard to any relevant requirements of the current Practice Note issued by the NSW Government (DIPNR 2005) and such other matters as the Council considers relevant in the circumstances of the case including, but not limited to: (1) the value of the works to be undertaken is at least equal to the value of the contribution

that would otherwise be required under this plan, Council does not issue credits to applicants for works in kind which are provided in excess of the approved condition outside of a standard procedure involving approval by Council, such as staged development; and

(2) the standard of the works is to council’s full satisfaction and the works are handed over to the Council without restriction of limitation; and

(3) the provision of the material public benefit will not prejudice the timing or the manner of the provision of public facilities included in the works program.

b) Valuation of Offer made to the Council as part of a development application (“value of work”)

The value of an offer to provide Works In Kind, or a material public benefit towards which the levy is to be applied, in lieu (in full or in part) of satisfying a condition of consent relating to payment of a Section 94/94A contribution will be valued utilising the following mechanism:

(1) Any Credit will be calculated based on the actual cost of works or the agreed cost estimate, whichever is the lesser. The agreed cost estimate will be determined by a review of the costs submitted by the applicant via Council’s Infrastructure Team or a Registered Quantity Surveyor at Councils discretion);

(2) The agreed cost estimate can be amended by submission of a variation request by the applicant which will be reviewed and certified by a registered Quantity Surveyor;

(3) The actual cost of works is required to be evidenced and verified by a registered Quantity Surveyor;

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(4) The Quantity Surveyor to act on the project will be chosen by Council from a list of 3 recommended by the applicant all of whom are to be members of Panels for The NSW Department of Commerce or Local Government Procurement; and

(5) Quantity Surveyor service costs are to be borne by the applicant.

c) Legal agreements pertaining to works in kind

All offers, should they be accepted, to provide Works In Kind, or a material public benefit towards which the levy is to be applied, in lieu (in full or in part) of satisfying a condition of consent relating to payment of a Section 94/94A contribution will be subject to a legal agreement between Council and the applicant. All agreements will include, but not limited to, the following:

• The works to be undertaken;

• The timing of the works;

• The quality of the works;

• The costs of the works;

• the applicant’s rights and responsibilities; and

• Council’s rights and responsibilities.

d) Offer to enter into a voluntary planning agreement

An applicant may offer to enter into a voluntary planning agreement with the Council under s93F of the EP&A Act in connection with the making of a development application. This offer may include a monetary contribution, dedication of land, the carrying out of works, or another material public benefit for public purposes. Those purposes need not wholly relate to the impacts of the applicant’s development not to the items listed in Part D Schedule 4. The applicant’s provision under a planning agreement may be additional to or instead of paying a levy in accordance with a condition of development consent authorised by this plan. This will be a matter for negotiation with the Council. The offer to enter into the planning agreement together with a copy of the draft agreement should accompany the relevant development application. The Council will publicly notify the draft planning agreement and an explanatory note relating to the draft agreement along with the development application and will consider the agreement as part of its assessment of that application. If the Council agrees to enter into the planning agreement, it may impose a condition of development consent under s93I (3) of the EP&A Act requiring the agreement to be entered into and performed. If the Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this plan requiring the payment of a levy. Applicants should refer to the Council’s Policy on Planning Agreements, which has been prepared having regard to the Practice Note on Planning Agreements (DIPNR 2005).

25. How will the levy be adjusted?

As the date of the consent may vary to the actual time of payment of the contribution, Clause 25(4) of the EP&A Regulation allows council to adjust the contribution to reflect current between the date of the consent and the time of payment. Contributions required as a condition of consent under the provisions of this plan will be indexed quarterly in accordance with movements in the Consumer Price Index (All Groups Index) for Sydney issued by the Australian Bureau of Statistics. The following formula for indexing contributions is to be used:

Contribution at time of payment = $C x (CP2/CP1)

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Where: $C is the original contribution as set out in the consent CP1 is the Consumer Price Index (all groups index for Sydney) used in the proceeding indexation

calculation CP2 is the Consumer Price Index (all groups index for Sydney) at the time of indexation

26. Savings and Transitional Arrangements

A development application which has been submitted prior to the adoption of this plan but not determined shall be determined in accordance with the provisions of this plan. 27. Are refunds for payments of levies possible?

For a refund of levy payments to be considered, the applicant/landowner must:

• Submit a written request to Council • As a part of the request, demonstrate that the development that is the subject of the consent

has not been commenced • Submit the request for a refund by the first working day after 31 January within the year

following payment of the levy e.g. payment is made in April 2011 then refund request can be made until first working day after 31 January 2012; payment is made in January 2011 then refund request can be made until first working day after 31 January 2012.

• Formally surrender the consent that applied the levy In other circumstances considered reasonable by Council at its sole and unfettered discretion, where a formal request is made, part or full refunds may be provided.

Part D – References

28. What definitions apply?

In this plan, unless the context or subject matter otherwise indicates or requires, the following definitions apply:

• ABS means the Australian Bureau of Statistics • EP&A Act means the Environmental Planning and Assessment Act 1979 • Council means The Wollongong City Council • Development contributions means a development contribution required to be paid by a

condition of development consent imposed pursuant to section 94 of the Act • Levy means a levy under section 94A of the Act authorised by this plan • Public facility & Public Infrastructure means a public amenity or public service • Regulation means the Environmental Planning and Assessment Regulation 2000

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29. Schedule 3 - Detailed Cost Report (Clause 16)

Registered* Quantity Surveyor’s Detailed Cost Report [Development Cost in excess of $10,000,000]

*A member of the Australian Institute of Quantity Surveyors

DEVELOPMENT APPLICATION No. REFERENCE: CONSTRUCTION CERTIFICATE No. DATE: APPLICANT’S NAME: ___________________________________________________________________ APPLICANT’S ADDRESS: ________________________________________________________________ DEVELOPMENT NAME: __________________________________________________________________ DEVELOPMENT ADDRESS: _______________________________________________________________

DEVELOPMENT DETAILS:

Gross Floor Area – Commercial m2 Gross Floor Area – Other m2 Gross Floor Area – Residential m2 Total Gross Floor Area m2 Gross Floor Area – Retail m2 Total Site Area m2 Gross Floor Area – Car Parking m2 Total Car Parking Spaces Total Development Cost $ Total Construction Cost $ Total GST $

ESTIMATE DETAILS:

Professional Fees $ Excavation $ % of Development Cost % Cost per square metre of site area $ /m2 % of Construction Cost % Car Park $ Demolition and Site Preparation $ Cost per square metre of site area $ /m2 Cost per square metre of site area $ /m2 Cost per space $ /space Construction – Commercial $ Fit-out – Commercial $ Cost per square metre of site area $ /m2 Cost per m2 of commercial area $ /m2 Construction – Residential $ Fit-out – Residential $ Cost per square metre of residential area $ /m2 Cost per m2 of residential area $ /m2 Construction – Retail $ Fit-out – Retail $ Cost per square metre of retail area $ /m2 Cost per m2 of retail area $ /m2

I certify that I have: • Inspected the plans the subject of the application for development consent or construction certificate • Prepared and attached an elemental estimate generally prepared in accordance with the Australian Cost

Management Manuals from the Australian Institute of Quantity Surveyors • Calculated the development costs in accordance with the definition of development costs in the section 94A

Development Contributions Plan of the council of the City of Wollongong at current prices • Included GST in the calculation of development cost • Measured gross floor areas in accordance with the Method of Measurement of Building Area in the AIQS

Cost Management Manual Volume 1, Appendix A2

Signed: ____________________________________ Name: ____________________________________ Position and Qualifications: ____________________________________ Date: ____________________________________

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30. Schedule 4 –Detailed Works Schedule

The works listed in this schedule may be funded from a mix of sources, including contributions collected from this plan. (Clause 18)

Section 94A Works Schedule 2011(Part)-2017 as at 2nd August 20120 81 81 81 81 81

ProjectMap No. Ref No.

Carried over 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2012-13 2013-14 2014-15 2015-16 2016-17

City Centre Public Transport 572,000$ -$ 150,000$ 150,000$ 100,000$ 72,000$ 100,000$ 50,000$ -$ 150,000$ 78,000$ -$ 850,000$

City Wide Public Transport 400,000$ -$ 50,000$ 75,000$ 75,000$ 100,000$ 100,000$ 50,000$ 75,000$ 75,000$ 50,000$ -$ 650,000$

Traffic Facility Improvements (50% RTA) 1,910,000$ -$ -$ 600,000$ 170,000$ 650,000$ 490,000$ -$ 324,000$ 970,000$ 550,000$ 710,000$ 4,464,000$

Roads & Bridges - New & Upgrade (bulk vote) 1,150,000$ -$ 400,000$ 400,000$ 100,000$ 100,000$ 150,000$ 110,000$ 4,430,000$ 5,422,778$ 5,900,000$ 4,900,000$ 21,912,778$

1 1Keira St, Wollongong, Transit Mall Re-opening - Design 1,134,000$ 1,134,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,134,000$

1 3 Church St, Wollongong - Roundabout, cnr Ellen St135,000$ 135,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 135,000$

1 4Cliff Rd, North Wollongong - new pedestrian safety facilities 51,000$ 51,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 51,000$

12 20Parkes St/Princes Hwy, Helensburgh - New roundabout 100,000$ -$ 100,000$ -$ -$ -$ -$ 291,000$ -$ -$ -$ -$ 391,000$

1 48 Dension Street/Throsby Drive bypass 30,000$ -$ 30,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30,000$

5 77Cordeaux Rd, Cordeaux Heights - Pedestrian Refuge

35,000$ -$ 35,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 35,000$

1 76 Gladstone Ave, Coniston -Pedestrian Crossing 30,000$ -$ 30,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30,000$

2 35 Compton St, Dapto - Traffic Calming Augmentation15,000$ -$ 15,000$ -$ -$ -$ -$ 85,000$ -$ -$ -$ -$ 100,000$

1 38Burelli Street/Kenny Street, Wollongong - Traffic Lights 34,000$ -$ 34,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 34,000$

1 37Burelli Street/Corrimal Street, Wollongong - Traffic Lights 30,000$ -$ 30,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30,000$

1 36Burelli Street/Auburn Street, Wollongong - Traffic Lights 179,706$ -$ 179,706$ -$ -$ -$ -$ 244,294$ -$ -$ -$ -$ 424,000$

8 50 Carters lane shoulder construct - Pioneer to Elliots200,000$ -$ 200,000$ -$ -$ -$ -$ 270,000$ -$ -$ -$ -$ 470,000$

1 49 Squires Way kerb and gutter - Elliots Rd to iC entry100,000$ -$ 100,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 100,000$

17 74Cabbage Tree Lane, Fairy Meadow - kerb, gutter and drainage 40,000$ -$ 40,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 40,000$

17 39Parkes St/Vera St, Helensburgh - kerb, gutter and drainage 50,000$ -$ 50,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 50,000$

1 79Keira St, Wollongong - Road & Footpath augmentation 170,000$ -$ 20,000$ 150,000$ -$ -$ -$ 30,000$ 375,000$ -$ -$ -$ 575,000$ Sub total 6,365,706$ 1,320,000$ 1,463,706$ 1,375,000$ 445,000$ 922,000$ 840,000$ 1,130,294$ 5,204,000$ 6,617,778$ 6,578,000$ 5,610,000$ 31,505,778$

7 37Gloucester Bvde, Primary School to Darcy Rd -Shared pathway 51,000$ 41,000$ 10,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 51,000$

7 38Foreshore Rd, Old Port Rd to Harbour - New on road Shared pathway 61,000$ 61,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 61,000$

Roads and Bridges

Footpaths and Cycleways

Timing of other funding Project Cost

(2012-13 to 2016-17)

Map Ref Section 94A contribution

(2012-13 to 2016-17)

Timing of Section 94A expenditure

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ProjectMap No. Ref No.

Carried over 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2012-13 2013-14 2014-15 2015-16 2016-17

3 41Princes Hwy, Dapto, Unara St to Northcliffe - New Shared pathway 110,000$ 35,000$ 75,000$ -$ -$ -$ -$ 310,000$ -$ -$ -$ -$ 420,000$

6 18Shellharbour Rd, Port Kembla - Parkes St to King Street new on-road and off-road cycleway 68,000$ 68,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 68,000$

1 36 Harbour Street - West side footpath 10,000$ 10,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10,000$

1 6 Cliff Rd, North Wollongong - East Promenade 3,000$ 3,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3,000$

5 7 Amaroo Ave, Figtree - New footpath 7,000$ 7,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7,000$

2 8 Avondale Rd, Penrose - New footpath 9,000$ 9,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9,000$

3 9 Brownsville Ave, Brownsville New footpath 42,000$ 42,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 42,000$

1 13Tramway Sea Wall and Path, North Wollongong - Augmentation 525,000$ -$ 375,000$ 150,000$ -$ -$ -$ 1,425,000$ 2,150,000$ -$ -$ -$ 4,100,000$

1 14 City Centre Crown St - Augmentation 197,000$ 47,000$ -$ -$ 150,000$ -$ -$ -$ -$ 3,850,000$ -$ -$ 4,047,000$

13 41 Fern Street, Wingdang - New on road cycleway 13,000$ 13,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 13,000$

5 15 Cordeaux Rd, Figtree - New on road cycleway 80,000$ 80,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 80,000$

12 16Parkes St, Helensburgh - New shared pathway connection 75,000$ -$ 75,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 75,000$

17 73Brian St, Balgownie - New footpath and Pedestrian crossing 82,000$ -$ 82,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 82,000$

5 40Unanderra Town Centre, Tallegalla Street - New Cycleway 65,000$ 40,000$ 25,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 65,000$

9 78Thompson St, Campbell St to Kioloa St, Woonona - New on road cycleway 20,000$ 20,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20,000$

9 69 Eager Street, Corrimal - New footpath 6,000$ 6,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6,000$

10 75 Ursula Rd, Bulli - New Footpath 21,000$ 21,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21,000$

17 72 Brokers Rd, Balgownie - New footpath 19,000$ -$ 19,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 19,000$

17 71 Foothills Rd, Balgownie - New footpath 39,000$ -$ 39,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 39,000$

15 60 Lawerance Hargrave Dr, Bartons Gully - New footpath 98,000$ -$ 98,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 98,000$

5 41 Gibsons Rd, Figtree - Widen footpath 85,000$ -$ 85,000$ -$ -$ -$ -$ 41,000$ -$ -$ -$ -$ 126,000$

16 65 Abercrombie St, West Wollongong - New footpaths 274,000$ -$ 274,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 274,000$

12 66 McMillan St, Helensburgh - New northside footpath 38,000$ -$ 38,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 38,000$

16 64Princes Hwy, West Wollongong - New shared pathway, London Dr to Abercrombie St 35,000$ -$ 35,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 35,000$

10 59Princes Hwy, Bulli - New shared pathway, Black Diamond Pl to Point St 15,000$ -$ 15,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 15,000$

Grand Pacific Walk, North Wollongong to Otford 1,275,000$ -$ 125,000$ 500,000$ 250,000$ 250,000$ 150,000$ 125,000$ 250,000$ 638,000$ 750,000$ 850,000$ 3,888,000$

1 47 Cycleway New - Elliots Rd to Surf Leisure Resort 25,000$ -$ 25,000$ -$ -$ -$ -$ 70,000$ -$ -$ -$ -$ 95,000$ Village & Town Centre - Upgrades (bulk vote) 200,000$ -$ -$ -$ -$ -$ 200,000$ -$ -$ -$ -$ 500,000$ 700,000$

Timing of other funding Project Cost

(2012-13 to 2016-17)

Map Ref Section 94A contribution

(2012-13 to 2016-17)

Timing of Section 94A expenditure

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ProjectMap No. Ref No.

Carried over 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2012-13 2013-14 2014-15 2015-16 2016-17

Shared (Cycleways) Pathways - New & Upgrade (bulk vote) - see Bicycle Plan 1,000,000$ -$ -$ 300,000$ 200,000$ 200,000$ 300,000$ -$ 750,000$ 200,000$ 50,000$ 800,000$ 2,800,000$

City wide Footpaths - New & Upgrade (bulk vote) 1,059,000$ 90,000$ 19,000$ 500,000$ -$ 150,000$ 300,000$ -$ 1,000,000$ -$ 3,450,000$ 1,467,618$ 6,976,618$ Sub total 5,607,000$ 513,000$ 1,494,000$ 1,450,000$ 600,000$ 600,000$ 950,000$ 1,971,000$ 4,150,000$ 4,688,000$ 4,250,000$ 3,617,618$ 24,283,618$

10 29 Station Street - Thomas Gibson Park 110,000$ -$ 110,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 110,000$

1 53 Bank/Stewart Street - 4hr Car park 40,000$ 40,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 40,000$

6 32Northcliffe Drive, Warrawong - New skate park Car park 87,500$ 87,500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 87,500$

9 39 Campbell Street, Woonona - Ocean Park car park3,500$ 3,500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3,500$

14 54 Lakeside leisure Centre - Upgrade and expansion50,000$ -$ 50,000$ -$ -$ -$ -$ 10,000$ -$ -$ -$ -$ 60,000$

1 51 Market Street - Multi Storey Car park - Upgrade 20,000$ -$ 20,000$ -$ -$ -$ -$ 230,000$ -$ -$ -$ -$ 250,000$

13 55 Windang Foreshore Park P2 car park - augmentation5,000$ -$ 5,000$ -$ -$ -$ -$ 20,000$ -$ -$ -$ -$ 25,000$

1 52 George Street Car Park - Extension 150,000$ -$ 150,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 150,000$

11 56 Stanwell Park shops Car Park - Upgrade 150,000$ -$ 150,000$ -$ -$ -$ -$ 50,000$ -$ -$ -$ -$ 200,000$

9 63 The Circle Car Park, Woonona - Upgrade 40,000$ -$ 40,000$ -$ -$ -$ -$ 40,000$ -$ -$ -$ -$ 80,000$

1 22 Ellen Street Carpark, Wollongong - Upgrade 3,000$ 3,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3,000$ City wide car parks - New (bulk vote) 1,147,000$ 5,000$ 292,000$ 150,000$ 500,000$ 200,000$ -$ 58,000$ 450,000$ 200,000$ 250,000$ 2,105,000$ Sub total 1,806,000$ 139,000$ 525,000$ 292,000$ 150,000$ 500,000$ 200,000$ 350,000$ 58,000$ 450,000$ 200,000$ 250,000$ 3,114,000$

11 23Bald Hill Amenities, Stanwell Tops - augmentation - Masterplan 79,000$ 29,000$ 50,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 79,000$

Lifeguards facilities Designs 150,000$ 150,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 150,000$

Public Transport facilities - City Centre 250,000$ 250,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 250,000$

Public Transport facilities - City Wide 150,000$ 150,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 150,000$

1 5North Beach Bathers Pavilion - augmentation (Inc Retaining Wall) 101,000$ 1,000$ 100,000$ -$ -$ -$ -$ 900,000$ -$ -$ -$ -$ 1,001,000$

1 25 Wollongong Town Hall augmentation 21,000$ 21,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21,000$

1 26Civic Plaza, Wollongong - Water Saving facilities implementation 50,000$ 50,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 50,000$

2 67 Dapto Pool - Disabled Access Improvements 40,000$ -$ 40,000$ -$ -$ -$ -$ 35,000$ -$ -$ -$ -$ 75,000$

10 58 Sandon Point Surf Club Expansion 125,000$ -$ 125,000$ -$ -$ -$ -$ 1,395,000$ -$ -$ -$ -$ 1,520,000$

Non-Commercial buildings - bulk vote 225,000$ -$ -$ 150,000$ -$ 75,000$ -$ -$ 350,000$ -$ 375,000$ -$ 950,000$ Sub total 1,191,000$ 651,000$ 315,000$ 150,000$ -$ 75,000$ -$ 2,330,000$ 350,000$ -$ 375,000$ -$ 4,246,000$

12 40 Stanwell Park - New Playground 11,000$ 11,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 11,000$

2 44Bailey Park, Compton Street, Dapto - New Playground 10,000$ -$ 10,000$ -$ -$ -$ -$ 35,000$ -$ -$ -$ -$ 45,000$

Parks, Gardens and sports fields

Non-Commercial buildings

Car parks

Timing of other funding Project Cost

(2012-13 to 2016-17)

Map Ref Section 94A contribution

(2012-13 to 2016-17)

Timing of Section 94A expenditure

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ProjectMap No. Ref No.

Carried over 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2012-13 2013-14 2014-15 2015-16 2016-17

2 43 Penrose Park - New Playground 10,000$ -$ 10,000$ -$ -$ -$ -$ 40,000$ -$ -$ -$ -$ 50,000$

9 62 Bramsen St Reserve, Bellambi - New Playground5,000$ -$ 5,000$ -$ -$ -$ -$ 40,000$ -$ -$ -$ -$ 45,000$

9 70 Corrimal Memorial Park - New Playground 50,000$ -$ 50,000$ -$ -$ -$ -$ 75,000$ -$ -$ -$ -$ 125,000$

5 42 Waples Rd, Farmborough Heights - New Playground10,000$ -$ 10,000$ -$ -$ -$ -$ 10,000$ -$ -$ -$ -$ 20,000$

6 68 Bruce Park, Oxlade St, Warrawong - New Playground10,000$ -$ 10,000$ -$ -$ -$ -$ 35,000$ -$ -$ -$ -$ 45,000$

1 61Keira Village Park, Keira Mine Rd - New Playground

20,000$ -$ 20,000$ -$ -$ -$ -$ 40,000$ -$ -$ -$ -$ 60,000$ New Playground installations 410,000$ 400,000$ 10,000$ -$ -$ -$ -$ 90,000$ -$ -$ -$ -$ 500,000$

10 57 Thirroul Beach Reserve - New Playground 22,000$ 22,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22,000$

Sports field Irrigation Infrastructure - New (bulk vote) 765,000$ 600,000$ 5,000$ 100,000$ 60,000$ -$ -$ -$ 50,000$ 190,000$ -$ -$ 1,005,000$

8 28 Dalton Park, Fairy Meadow - Sports field Irrigation 100,000$ 50,000$ 50,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 100,000$

12 45Rex Jackson Oval (soccer), Helensburgh - Sports field Irrigation 45,000$ -$ 45,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 45,000$

8 28 Dalton Park, Fairy Meadow - embellishment 126,000$ 126,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 126,000$

4 31Fred Finch Park, Berkeley - Landscape and Design & Infrastructure 100,000$ 100,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 100,000$

6 32 Southern Suburbs Skate Park, Warrawong - provision 681,000$ 171,000$ 10,000$ 300,000$ -$ 200,000$ -$ -$ 200,000$ -$ 300,000$ -$ 1,181,000$

Lake Illawarra Authority Council Funded Capital Component 997,000$ 247,000$ 100,000$ 150,000$ 150,000$ 170,000$ 180,000$ 150,000$ 200,000$ 210,000$ 200,000$ 200,000$ 1,957,000$

7 21 King George V Replacement Cricket Screens 50,000$ 50,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 50,000$

1 26 Civic Plaza, Wollongong - Lighting augmentation 25,000$ 25,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 25,000$

1 33 MacCabe Park Design Development - City Centre 28,000$ 28,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28,000$

1 33MacCabe Park Landscape Improvements - City Centre 150,000$ 150,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 150,000$

1 46 Puckeys Estate Beach Access 15,000$ -$ 15,000$ -$ -$ -$ -$ 45,000$ -$ -$ -$ -$ 60,000$ Beach Access Walkways 5,000$ -$ 5,000$ -$ -$ -$ -$ 15,000$ -$ -$ -$ -$ 20,000$ Beach Access Signage 5,000$ -$ 5,000$ -$ -$ -$ -$ 10,000$ -$ -$ -$ -$ 15,000$ New Bridges, Boarkwalks & Jetties - New 800,000$ -$ 100,000$ 150,000$ -$ 250,000$ 300,000$ 75,000$ 350,000$ -$ 250,000$ 300,000$ 1,775,000$ Bridges, Boarkwalks & Jetties - Upgrade 500,000$ -$ -$ 250,000$ -$ 250,000$ -$ -$ 1,750,000$ -$ 550,000$ -$ 2,800,000$ Public facilities, Helensburgh - New 40,000$ -$ 40,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 40,000$ Beach facilties - New (bulk vote) 25,000$ -$ -$ 25,000$ -$ -$ -$ -$ -$ -$ -$ -$ 25,000$

Timing of other funding Project Cost

(2012-13 to 2016-17)

Map Ref Section 94A contribution

(2012-13 to 2016-17)

Timing of Section 94A expenditure

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ProjectMap No. Ref No.

Carried over 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2012-13 2013-14 2014-15 2015-16 2016-17

Sporting facilties - New (bulk vote) 35,000$ -$ 10,000$ 25,000$ -$ -$ -$ 20,000$ 25,000$ -$ -$ -$ 80,000$ Recreation facilities - New (bulk vote) 82,000$ -$ 52,000$ 30,000$ -$ -$ -$ 318,000$ 20,000$ -$ -$ -$ 420,000$ Sub total 5,132,000$ 1,980,000$ 562,000$ 1,030,000$ 210,000$ 870,000$ 480,000$ 998,000$ 2,595,000$ 400,000$ 1,300,000$ 500,000$ 10,925,000$

Land Acquisitions

Land Acquisitions - See WLEP2009 - Land Reservation Acquisition Maps 3,750,000$ -$ 750,000$ 750,000$ 750,000$ 750,000$ 750,000$ -$ -$ -$ -$ -$ 3,750,000$ Sub total 3,750,000$ -$ 750,000$ 750,000$ 750,000$ 750,000$ 750,000$ -$ -$ -$ -$ -$ 3,750,000$

Administration

S94 Administration & Studies 480,000$ -$ 96,000$ 96,000$ 96,000$ 96,000$ 96,000$ -$ -$ -$ -$ -$ 480,000$

Capital Project Planning 200,000$ 100,000$ 100,000$ -$ -$ -$ 430,000$ 500,000$ -$ -$ -$ 1,130,000$ Sub total 680,000$ -$ 196,000$ 196,000$ 96,000$ 96,000$ 96,000$ 430,000$ 500,000$ -$ -$ -$ 1,610,000$

TOTAL 24,531,706$ 4,603,000$ 5,305,706$ 5,243,000$ 2,251,000$ 3,813,000$ 3,316,000$ 7,209,294$ 12,857,000$ 12,155,778$ 12,703,000$ 9,977,618$ 79,434,396$

Timing of other funding Project Cost

(2012-13 to 2016-17)

Map Ref Section 94A contribution

(2012-13 to 2016-17)

Timing of Section 94A expenditure

NB: The projects and expenditure shown in "Carried over 2011-12" represent items not finalised for various reasons in 2010-11 and 20101-112, these projects may be progressed in upcoming years so they are maintained on the works schedule and maintain consistency with 2010 & 2011 Section 94A schedule.

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31. Schedule 5 - Works Schedule – Maps

Projects locations are noted as best as possible given their nature and scale of mapping. (Clause 18)

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June 2012 Quarterly Review Statement 1

  

Wollongong City Council  

Quarterly Review Statement April – June 2012 

CONTENT  Report of the General Manager ..........................................................................................2 How we are tracking against our Budgets ........................................................................3 Budget ....................................................................................................................................3 Capital Budget........................................................................................................................3 What we are doing to achieve our Strategic Directions..................................................4 Council’s Departments Planning and Environment.....................................................................................................5 Infrastructure and Works........................................................................................................8 Corporate and Community Services....................................................................................11 Our Financial Performance ...............................................................................................19 1 Income and Expense.......................................................................................................20 2 Capital Budget .................................................................................................................21 3 Cash and Investments.....................................................................................................21 4 Long Term Financial Projections.....................................................................................22 Income and Expense Statement..........................................................................................24 Funding Statement...............................................................................................................24 Capital Budget......................................................................................................................24 Major Variations ...................................................................................................................25 Capital Projects Report ........................................................................................................27

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June 2012 Quarterly Review Statement 2

REPORT OF THE GENERAL MANAGER  This Quarterly Review Statement is the fourth review for the 2011-12 financial year. It covers the period from April - June 2012 and reports on progress against the Strategic Directions and Management Plan 2011-14. The review is designed around Council’s three departments: Planning and Environment, Infrastructure and Works, and Corporate and Community Services. It identifies the achievements of each of these departments with respect to overall service delivery and key projects, as well as demonstrating our progress through a number of measures. Council’s Strategic Directions for 2011-14 identifies key focus areas and strategies for Council. As the Management Plan is informed by the Strategic Directions, the Quarterly Review Statement demonstrates how Council has progressed toward delivering the identified strategies. A summary of the major achievements and significant progress of our key projects during April - June 2012 is listed below. More information on these achievements and progress on all key projects is detailed in the following pages. Highlights from this quarter include the delivery of an Integrated Planning and Reporting Framework under the Local Government Amendment (Planning and Reporting) Act 2009. At its meeting on the 25 June 2012 Council endorsed the finalised documents for Wollongong 2022. This includes the Wollongong 2022 Community Strategic Plan, Delivery Program 2012-17, Annual Plan 2012-13 (Delivering 2022) and Resourcing Strategy 2022. Completion of this project is a significant achievement for Council and is the first time that Council has in place a fully integrated suite of plans. These plans have been developed with significant community consultation throughout 2011 and 2012. Council has been successful in applying for a number of grant applications. This includes a $150,000 grant application to the Federal Government’s Community Energy Efficiency Program. Funds will be used to replace exterior lighting fitted to the Southern Gateway Centre at Bulli Tops with more energy and maintenance efficient fixtures. Council was successful in securing $5M toward the refurbishment of the Crown Street Mall from the latest round of grants from the Regional Development Australia Fund. In addition, on the 30 June, Council was notified that it was successful in an application for a $13.9m grant under the Australian Government's Building Better Regional Cities program for road and bridge upgrades in the West Dapto Urban Release. The installation of regional playground at Thirroul Beach Reserve was also completed this quarter. The $440,000 regional playground and artwork components were designed in consultation with local children and their parents. The opening of the playground was well received and the site has experienced increased visitation rates. Council achieved its operational savings target of $2.4M for 2011-12 in the March 2012 quarter. During the June 2012 quarter there has been a range of operational savings and additional income that are reflected as an improvement of $2.2M in the underlying end of year of result. I would like to thank all staff and the community for their contributions to the achievements identified in this Quarterly Review Statement. This Review will inform the Annual Report for 2011-12 due in November 2012. David Farmer General Manager

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June 2012 Quarterly Review Statement 3

Employee Costs less

Internal Charges 41%

Borrowing Costs

1%

Materials + Contracts

32%

Depreciation 26%

 

HOW WE PERFORMED AGAINST OUR BUDGETS  

2011‐12 Budget The graph below shows Council’s expenditure from ordinary activities by expense for the year ending 30 June 2012:

Expense Type ($’000) Actual Budget

Employee Costs less Internal Charges 92,371 86,957 Borrowing Costs 3,236 3,407 Materials + Contracts 75,087 79,322 Depreciation 60,779 60,136

231,473 229,822

The graph below shows Council’s income sources for the year ending 30 June 2012:

Rates and Annual Charges

66%

Interest +Investments

3%

User Fees+ Charges

13%

Grants +Contributions

15%

Other Revenue

3%

Income Type ($’000) Actual Budget

Rates and Annual Charges 143,083 143,039 Other Revenue and Profit on Sales 7,140 9,963 Grants + Contributions 32,561

32,138

User Fees + Charges 29,037 28,712 Interest + Investments 5,736 5,937

217,556 219,789

2011‐12 Capital Budget Funding  The graph below shows Council’s funding sources for the capital project budget for the year ending 30 June 2012:

Operational Funds66%

RestrictedCash14%

Capital Grant8%

DeveloperContribution

s10%

AssetSales

2%

Income Type ($’000) Actual Budget

Restricted Cash 9,165 9,595 Capital Grant 5,051 4,978 Developer Contributions 6,175 6,232

Asset Sales 1,107 5,781 Operational Funds 43,244 38,855

64,742 65,441

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June 2012 Quarterly Review Statement 4

WHAT WE ARE DOING TO ACHIEVE OUR STRATEGIC DIRECTIONS  

STRATEGIC DIRECTIONS HOW WE ARE ACHIEVING THIS A VIBRANT AND LIVEABLE CITY Enhance Wollongong’s lifestyle Listen to and respond to the community Build on the potential to attract people,

business and tourism Care for our Environment

Ongoing Services: Long term land use and environmental planning Development and construction assessment and compliance Environmental programs and education Companion animal management Public health monitoring and compliance General regulation and enforcement Traffic management and planning Provision of crematorium and cemeteries Management of tourist parks and Botanic Garden Provision of maintenance of parks and sports fields Lifeguard and pool services and recreation and leisure centres Community services and facilities and community development Targeted programs and services for diverse communities Library and Information services Promotion of arts and culture Capacity building with community and volunteer organisations Corporate customer service

Key Projects: West Dapto land Release Coordinate service delivery and improve business

attraction/retention within the Wollongong City Centre Deliver a collaborative Wollongong Place Marketing

Program Continue to implement the City Centre Central Business

District Action Plan Implement the City Centre Safety Action Plan 2010-2013 Promote Wollongong Town Hall as a significant and

accessible civic and cultural venue Facilitate the development of Wollongong 2022 Community

Strategic Plan Undertake Precinct Planning in Warrawong and Wongawilli Finalise the review of 7(d) lands at Helensburgh, Otford and

Stanwell Tops

VIABLE AND SUSTAINABLE ASSETS AND SERVICES Plan for a sustainable city Provide sustainable community assets Effectively manage our finances to ensure

long term financial sustainability

Construction, maintenance and management of Council’s assets Floodplain and stormwater management Waste management Commercial property management Economic development Financial Management

Implement the West Dapto Access Strategy Crown Street Mall Refurbishment Development of Asset Management Plans and future works

programs Refurbishment of the North Beach Bathers Pavilion and

surrounding precinct Sandon Point Surf Club refurbishment and expansion Finalise the Coastal Management Plan Upgrade Whytes Gully landfill facility

AN INNOVATIVE AND PROGRESSIVE ORGANISATION Build positive organisational leadership,

values and culture Improve the way we do things Encourage innovation

Community engagement and public relations Management and development of our people/systems/ resources Organisational planning and reporting Internal support services Insurance, audit risk management and investigations Business improvement

Undertake implementation, audit and monitoring of Council’s governance registers

Coordinate the Financial Sustainability Program 2011-12 Partner with community based organisations in the provision

of services to the southern suburbs Enhance web and online customer service Coordinate the annual Learning and Development Program Carry out Workforce Planning Conduct our biennial Community Survey Develop an Internal Communications Strategy Formalise the scope of works with Tourism Wollongong and

establish an expanded funding program

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June 2012 Quarterly Review Statement 5

PLANNING AND ENVIRONMENT  

The role of Planning and Environment is to enhance the many attributes that make Wollongong an attractive and liveable city. This involves protecting and enriching our unique natural, cultural and scenic resources and regulating new development to ensure high quality outcomes in accordance with adopted plans and policies. Our Highlights Council made a successful $150,000 grant application to the Federal Government’s

Community Energy Efficiency Program. Funds will be used to replace exterior lighting fitted to the Southern Gateway Centre at Bulli Tops with more energy and maintenance efficient fixtures.

Wollongong received grant funding for Stage 1 of the NSW Litter Prevention Initiative

from the Office of Environment & Heritage program. During this quarter Council resolved to place on exhibition proposed changes to the East

Corrimal off-leash area for community input. The consultation will take place next quarter. From the 26 April to 14 June 2012 Council undertook extensive community consultation

for the development of the Warrawong Town Centre Plan. Stakeholders were invited to share their vision for the Warrawong Town Centre at a range of engagement activities such as kiosks, attendance at local schools, community and reference groups as well as informal drop in sessions. In addition over 560 surveys were completed during the exhibition period.

The Botanic Garden achieved an annualised average daily water consumption reduction

of 31%.

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June 2012 Quarterly Review Statement 6

Progress Against Key Projects

Progress the West Dapto Land Release

Progress has continued with the West Dapto Land Release this quarter. This includes the exhibition of a minor amendment to the Planning Agreement with Stocklands and continuation of studies to support the proposed rezoning of the Yallah-Marshall Mount Precinct. Council on 25 June 2012 resolved to prepare a planning proposal to remove the planning controls for the Calderwood Urban Release Area from the State Environmental Planning Policy – Major Developments and put them into the Wollongong LEP 2009, as an E3 Environmental Management zone, to reinstate local planning controls.

Finalise the Coastal Management Plan

The exhibition of the Draft Coastal Zone Management Plan has been completed and the response to the submissions received has been reported to Council. The Draft Plan has been amended, where appropriate, in keeping with the current policy framework for preparing Coastal Zone Management Plans. The next steps are dependent on the outcome of a recently set up review of the State’s coastal management framework by the NSW Government. Council has therefore resolved to defer the decision on the next steps until the implications of the review become clear. Work, however, will continue on preparing a Coastal Dune Management Strategy and community engagement program.

Measuring our Progress

100

200

300

400

Sep

10

Dec

10

Mar

11

Jun

11

Sep

11

Dec

11

Mar

12

Jun

12

Undetermined Development Applications

Total no. DAs Undetermined Undetermined DAs > 90days At the end of June there were a total of 237 undetermined DA's, this is below the target levels of 250. DA’s in the over 90 days category remained below the target of 50, with 30 undetermined in this category.

50

100

150

200

250

300

350

400

450

500

Dec

11

Mar

12

Jun

12

Number Lodged/Determined DAs

50

100

150

200

250

300

350

400

450

500 Number Outstanding DAs

Number of DAs Lodged/Determined/Outstanding

Lodged Determined Total Outstanding During the June quarter 345 DA's were determined compared to 358 lodged. At the end of June there were 231 outstanding DA's which compares favourably against the target of 250.

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June 2012 Quarterly Review Statement 7

Undertake Precinct Planning in Warrawong and Wongawilli

Warrawong Regional Centre - Community consultation to inform the development of a master plan has been undertaken during this quarter. The consultation included a range of conversations with residents and local business owners, local schools, community groups and special interest groups. Council is currently reviewing submissions and survey results and preparing a consultation report. Wongawilli Village - Council at its meeting on 28 May 2012 considered a report on the review of the Wongawilli Village. The review included:

A review of the adopted road network. A review of the number and location of the centres identified by the Growth Centres

Commission’s report. Residential interface design controls – between existing and proposed new

development. Revised Neighbourhood Plan.

Submissions from the residents committee and each of the major land holders in the precinct were considered. Council endorsed the recommendations of this review and have resolved to prepare a Planning Proposal to amend the location of the village centre and revised the Development Control Plan. The Planning Proposal has been forwarded to the NSW Department of Planning and Infrastructure for their review prior to exhibition. Organisational Energy and Water Consumption against 2009-10 Base Year During the past 12 months Council has continued to expand its remote monitoring (real-time) program for high use and/or high risk sites particularly at Tourist Parks. This additional data enables Council to quickly identify and rectify consumption spikes such as leaks. The review of Council’s Water and Energy Savings Action Plan (WESAP) is progressing, and investigations have commenced to improve Council’s management and reporting of utility related consumption trends.

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June 2012 Quarterly Review Statement 8

INFRASTRUCTURE AND WORKS 

The role of Infrastructure and Works is to plan, design, deliver and manage Council’s public infrastructure and assets on behalf of the community, as well as operate our key recreational facilities and coordinate the provision of emergency services. The department plays an important role in developing and implementing Council’s public infrastructure and assets strategies, plans and priorities. Our Highlights

At years end, building was completed on stage one of the new Wollongong City Unit State Emergency Service vehicle storage and training facility on the corner of Drummond Street and Masters Road, Springhill. An official opening is scheduled for July 2012.

Following review of operations, Helensburgh Waste Depot has been closed and rehabilitation of the site is scheduled to commence next quarter.

Council has commenced preparations for the introduction of the Clean Energy Act and related legislations on the 1 July 2012. Preparations have included:

Application of a National Greenhouse & Energy Reporting tool to determine liable entity status

Increase tipping fees by $27.14 per tonne

Registering as a Recognised Offsets Entity (ROE)

Commenced the process of registering the Whytes Gully methane gas flaring as a Recognised Offset Project (ROP).

Twenty new bus shelters have been installed across the city. This includes double shelters on Corrimal Street, Wollongong and Cliff Road, Wollongong.

Installation of the regional playground at Thirroul Beach Reserve has been completed.

The $440,000 regional playground features swings, a large climbing frame, a 25m flying fox, children’s bike track, nest swing, and a nature play area. Local children and their parents were involved in the design of the playground, as well as the artwork components which feature throughout the space. The opening of the playground was well received and the site now experiences increased visitation as a result.

The playground renewal at Koloona Avenue, Figtree has been completed. Council

Officers worked closely with surrounding residents and users of the existing playground to identify target age groups, and equipment that would deliver the desired types of play for the area. The new playground was well-received and local residents hosted a barbecue in the park to celebrate the works. Playground renewals at Felix Ryan Park, Austinmer, Massey Park, Berkeley and Kells Crescent, Bellambi have also been completed.

Demolition of the Lake Illawarra Authority building on Judbooley Parade, Windang was

completed. The Lake Illawarra Authority in partnership with Council commenced stage 3 works of the Judbooley Parade Landscape Master Plan with the demolition of a residence situated in the centre of the foreshore reserve at Windang.

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June 2012 Quarterly Review Statement 9

Progress Against Key Projects

Implement the West Dapto Access Strategy Construction work is continuing with road safety improvements in front of Dapto Primary School. Investigation, consultation and design are also progressing on the following project elements: Traffic signals and road improvements

at the intersection of West Dapto Road/Princes Highway. Council is working with Jemena, Roads and Maritime Services and Endeavour Energy to obtain the necessary approvals.

The design for the realignment of

Shone Avenue adjacent to the West Dapto Road intersection is continuing and is about 90% completed. The acquisition of property is required and is in progress.

Council has resolved to investigate

alternate transport routes over the railway line in Dapto. This investigation has been proceeding and three separate access scenarios have been modelled. Roads and Maritime Services are currently reviewing to confirm the best scenario.

The design documentation for a new

bridge over Mullet Creek and associated road improvement works adjacent to Dapto High School is continuing.

Crown Street Mall Refurbishment On the 12 December 2011, Council endorsed the design for the refurbishment of the Crown Street Mall. A City Centre Major Project Steering Committee has been established to oversee the planning and implementation of this project. Design elements have been confirmed and the design updated. Commencement of works is anticipated for February 2013.

Measuring our Progress

%

10%

20%

30%

40%

50%

60%

Sep

Dec Mar

Jun

Percentage

Percentage of material diverted from landfill

% of material diverted from landfill 10/11 % of material diverted from landfill 11/12

During the June quarter, just over 45% of recycled material diverted from landfill. This is consistent with the June 2011 quarter. The annual landfill diversion rate for 2011/12 is at 48.37% which is comparable to 49.67% for the 2010/11 fiscal years.

$0.0M$5.0M

$10.0M$15.0M$20.0M$25.0M$30.0M$35.0M$40.0M$45.0M$50.0M$55.0M$60.0M$65.0M$70.0M

Sep

11

Dec

11

Mar

12

Jun

12

Capital Expenditure YTD vs Budget YTD

Capital Expenditure Original Forecast Budget

Capital expenditure at the end of June was $64.25M, compared to a forecasted budget of $65.43M. With only minor transactions yet to be entered, the final YTD Capital Expenditure for 2011/12 has reached a total of 98.2% of the stated "Original Forecast Budget" and 96.1% of the 2011/12 Management Plan Budget. The principal reasons for the shortfall were the under expenditure on the West Dapto Access Roads and the under expenditure on the North Beach Bathers Pavilion.

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June 2012 Quarterly Review Statement 10

Development of Asset Management Plans and future works programs Asset Management Plans continue to inform decisions for future works programs and the allocation of resources. Asset valuations have been updated and data in Council’s Asset Management Information System has been reviewed. Implementation of a detailed Asset Management Improvement Program will direct future actions for the development of Council’s asset management program. Refurbishment of the North Beach Bathers Pavilion and surrounding precinct Adverse sea conditions, weather and the discovery of additional heritage artefacts have delayed progress with this project. Construction of the internal fit out of the Pavilion is well progressed and fit out by the tenant is anticipated to commence in the next quarter. Retaining walls and landscaping from the Pavilion to Diggies Café are underway. Completion is anticipated for September 2012. Sandon Point Surf Club and expansion The project recommenced early in 2012 following delay due to discovery of an unknown Aboriginal midden. Construction works to the surf club building are continuing with completion of concrete to first floor slab and structural steel roof frame. The boardwalk concrete structure, coastal rock protection works and boat ramp structure are also complete. All excavation works are monitored by archaeologist and Aboriginal site officers. Prepare Plan of Management for McCauley’s Beach (Sandon Point) and East Corrimal Beach The stakeholder consultation process for McCauley’s Beach is nearing completion. The draft Plan of Management is being prepared with a view to reporting to Council next quarter prior to it going on public exhibition. The Plan of Management for East Corrimal Beach has been deferred. Upgrade Whytes Gully Landfill Facility The draft Environmental Assessment (EA) was lodged with the Department of Planning and Infrastructure on 3 April 2012. All statutory government agencies have reviewed the document and Council has provided all additional information required. It is anticipated that the final EA document will be placed on public exhibition in early August 2012.

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June 2012 Quarterly Review Statement 11

CORPORATE AND COMMUNITY SERVICES 

The role of Corporate and Community Services is to enhance Wollongong’s lifestyle amenity through the promotion and delivery of a wide range of community services; and delivering a Council that is responsive, progressive, efficient and accountable. Our Highlights Under the Local Government Amendment (Planning and Reporting) Act 2009, Council

was required to deliver an Integrated Planning and Reporting framework by end of June 2012. At its meeting on the 25 June 2012 Council endorsed the finalised documents for Wollongong 2022. The development of these plans which includes the Wollongong 2022 Community Strategic Plan, Delivery Program 2012-17, Annual Plan 2012-13 (Delivering 2022) and Resourcing Strategy 2022. Completion of this project is a significant achievement for Council and is the first time that Council has in place a fully integrated suite of plans. These plans were developed with significant community consultation throughout 2011 and 2012.

The first phase of Community Engagement to inform the development of the Positive Ageing Strategy began in May. To date more than 340 people have participated in conversation kiosks, the dotmocracy activity and a survey.

During this quarter, Council was successful in securing $5M toward the refurbishment of the Crown Street Mall from the latest round of grants from the Regional Development Australia Fund.

In partnership with Trade and Investment NSW, University of Wollongong and ICTI industry cluster, the Advantage Wollongong stand was run at CEBIT 2012 (Largest ICT expo in Australia). Wollongong was the only city in Australia to exhibit at the expo and attracted significant interest from businesses within this industry. A series of follow up campaigns have commenced.

This quarter, Council conducted extensive public consultation on the free Wi-Fi Service that will be introduced within the City Centre. Businesses and the community responded very positively to the free Wi-Fi Service with 90% of community respondents advising that they would access this service.

The Economic Development Advisory Board was established during this quarter. This Board will advise on the development and implementation of Council’s economic development program, as well as report and make recommendations to Council. It will also ensure Council policy supports Wollongong’s economic development. The Board comprises of five councillors and seven representatives from businesses and the community.

Council, in conjunction with NSW Police, conducted Operation Bounce which highlighted the rising crime of theft from motor vehicles. The program offered information to raise awareness of the issue, ideas on how to create a safer car as well as providing 100 car immobilisers for victims of motor vehicle theft.

National Youth Week 2012 was held during April. Council hosted a number of activities which were based around the theme of ‘Imagine, Create, Inspire’. Activities included a debate at Wollongong City Gallery, art competition, Opening ‘Big Machine” Skate Event at Fairy Meadow Skate Park in partnership with Access Community Group (ACG) and ‘Local and Live’ music event in Wollongong Mall. The closing event was held at Wollongong Youth Centre on Friday 20 April with a festival like atmosphere and over 150 young people attending.

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June 2012 Quarterly Review Statement 12

Progress Against Key Projects Coordinate Service Delivery and improve Business Attraction/Retention within the Wollongong City Centre Work continued with key partners to promote Wollongong to key growth sectors with a focus on marketing the region through industry clusters such as ICTI and I3Net. The Economic Gardening business growth program commenced this quarter with the Shelharbour/Kiama program. This is delivered in partnership with Shellharbour and Kiama Councils. Council has implemented a process that will simplify and streamline outdoor dining requirements in the City Centre. Initially Council will lodge development applications for outdoor dining in the Arts Precinct, Crown Street Mall, Globe Lane and Corrimal Street. This will clearly define areas within the City Centre for the promotion and activation of dining and remove the need for local businesses to lodge individual development applications. In the longer term, outdoor dining will be included as exempt development under the Local Environmental Plan and will be subject to detailed guidelines and conditions. The autumn edition of the City Centre News has been distributed to businesses within the Central Business District.

Deliver a Collaborative Wollongong Place Marketing Strategy The collaborative Wollongong Place Marketing Strategy has been established. This Strategy incorporates three areas of focus. These are; major events, City Centre and place marketing. Develop an internal Communications Strategy The internal Communications Strategy has been finalised and being implemented. This includes delivery of a regular staff newsletter which commenced in April 2012.

Measuring our Progress

%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Sep

11

Dec

11

Mar

12

Jun

12

Percentage

Customer service weekly calls

% Completed Target

Target = 80% of calls answered within 30 secs

As at the end of the June quarter, 73% of customer telephone calls received by Customer Service were responded to within 30 seconds. This result is below the target of 80% though a significant improvement from 64% of the previous quarter. The volume of calls received in the March quarter was 44865, 9% less than the previous quarter. Reallocation of resources and balancing of staff between telephone and ground floor contact centres has impacted positively on this result. Review and analysis of customer data will continue to ensure improvement in results.

60%

65%

70%

75%

80%

85%

90%

95%

100%

Sep

11

Dec

11

Mar

12

Jun

12

Percentage

Customer Service Weekly Contacts

% Completed Target

90% of contacts responded to within 10 mins

At the end of the June 2012 quarter, 87% of in-person Customer Service contacts were responded to within 10 minutes. This is below the target of 90%. The number of direct Customer Service contacts in the June quarter was 7810. This was 4% lower than the previous quarter. Reallocation of resources to the telephone contact centre had an impact on this result and as such there was a subsequent improvement in the customer service weekly calls performance indicator. Review and analysis of customer data will continue to ensure improvement in results.

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June 2012 Quarterly Review Statement 13

Continue to implement the City Centre Action Plan The initial review on the progress of the City Centre Action Plan has been completed. Further implementation of the capital projects identified in the Plan is dependent on capital budget allocation. The current focus of the City Centre Major Projects Committee is the refurbishment of the Crown Street Mall. Coordinate the Financial Sustainability Program 2011-12 The Financial Sustainability Program has been designed to achieve a recurrent reduction in operational expenditure without having a negative impact on the community.

The 2011/12 savings target was achieved bringing the organisations total cumulative savings over the past four years to $60.3 million and a recurrent annual savings of $17 million. Net savings in operational expenditure have been, and will continue to be made available to address our infrastructure funding shortfall. Achieve target operational funds for capital of $30.3M for 2011-12 The pre audit preliminary result for year ended 30 June 2012 shows that Council has achieved operational funds available for capital of $40.9M which exceeds the above target by $10.6M. The improved result is due to the early payment of the first two instalments of the 2012/13 Federal Assistance Grant (FAG) of $8.1M and a range of improvements in operational income and expenditure compared to budget over the year. The early payment of the FAG will reduce the amount available for capital in 2012/13 but over time has little impact on Council’s performance.

Measuring our Progress

40%

45%

50%

55%

60%

65%

70%75%

80%

85%

90%

95%

100%

Sep

11

Dec

11

Mar

12

Jun

12

Percentage

Correspondence Met Response Target

Percent completed on-time Service Level

At the end of the March quarter, 88% of correspondence was responded to within the nominated timeframe which compares favourably against the target of 85%. The volume of correspondence received in the March quarter was 5250 which was a slight decrease on the previous quarter.

-$20.00M

-$18.00M

-$16.00M

-$14.00M

-$12.00M

-$10.00M

-$8.00M

-$6.00M

-$4.00M

-$2.00M

$0.00M

$2.00M

Oct

11

Nov

11

Dec

11

Jan

12

Feb

12

Mar

12

Apr

12

May

12

Jun

12

Operating Result pre Capital Income Incl Dep'n

Operating Result Current Forecast Budget

The preliminary result for the year ending 30 June 2012 shows that Council has recorded a deficit [pre capital] of $13.9M against revised budget at the March Quarterly Review of $10.0M. The deterioration of $3.9M against budget is primarily due to end of year non cash adjustments and a delay in the settlement of a land sale ($1.8M). Non cash adjustments have included an increase in the provision for remediation of the Helensburgh Waste Facility ($1.6M) as a result of closure of this in July 2012 and an increase in employee leave entitlements and workers compensation provisions of $4.2M. The increase in these provisions is largely due to increases in discounted cash flow valuations caused by lower interest rates applied in the calculation.

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June 2012 Quarterly Review Statement 14

Operational savings target achieved of $2.4M in 2011-12 The savings target was achieved at the end of the March 2012 quarter. During the June 2012 quarter there has been a range of operational savings and additional income that are reflected as an improvement of $2.2M in the underlying end of year of result. Facilitate the development of a Community Strategic Plan The draft suite of strategic management plans which included the draft Wollongong 2022 Community Strategic Plan, draft Delivery Program 2012-17, draft Annual Plan 2012-13 (Delivering 2022) and draft Resourcing Strategy 2022 were placed on public exhibition during April and May 2012. During this time over 1,300 community members were engaged across 41 activities including community engagement kiosks, a question and answer session with Councillors, neighbourhood forums, youth events, and visits to schools, community group meetings and Council’s reference groups. In total, 65 formal submissions were received from community members about the draft plans. Based on community feedback 36 changes were recommended to Council for endorsement. At its meeting on 25 June 2012 Council adopted the strategic plans with changes based on community feedback. These plans have now been submitted to the Division of Local Government as per requirements under the Act. Conduct our biennial Community Survey The community survey was undertaken in February 2012 and key results were reported in the March Quarterly Review Statement. A report on the biennial Community Survey was present at the 12 June 2012 Council meeting. This project is now complete.

Measuring our Progress

-$10.00M

-$5.00M

$0.00M

$5.00M

$10.00M

$15.00M$20.00M

$25.00M

$30.00M

$35.00M

$40.00M

$45.00M

$50.00M

Oct

11

Nov

11

Dec

11

Jan

12

Feb

12

Mar

12

Apr

12

May

12

Jun

12

Cash and Investment less External Restricted Cash

Actual Target

Cash + Investments less externally restricted cash at the end of June was $47.7M. This is comprised of $90.7M of cash + investments reduced by externally restricted cash of $43M. The higher than originally budgeted cash holding is primarily due to the improved funds result $5.5M (inclusive of the additional $8.1M Financial Assistance Grant less other adjustments reported over the period) and a higher than anticipated level of accounts payable $6.5M at year end .

50.0%

55.0%

60.0%

65.0%

70.0%

75.0%

80.0%

85.0%

90.0%

95.0%

100.0%

Nov

11

Dec

11

Jan

12

Feb

12

Mar

12

Apr

12

May

12

Jun

12

Jul 1

2

Creditors Paid on Time

% creditors paid on time Target

At the end of June 2012, 95% of creditors were paid on time. This is a roughly in line with the result recorded in May 12 (96%) and compares favourably against the target (85%). Notably, this measure has a yearly average of 93% of creditors paid on time.

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June 2012 Quarterly Review Statement 15

Undertake implementation, audit and monitoring of Council’s Governance Register During this quarter the project team has completed the assessment of Council’s business systems that have been identified as containing critical business records. A register has been compiled showing the compliance status of each of these key business systems.

A report on those areas of non-compliance was submitted to Executive Management in July and a significant amount of work has also been completed on mapping our business records.

The focus for the next quarter will be on strategies to achieve full compliance on all record keeping systems in Council. Business Classification Scheme Review The TRIM Business Classification Structure (BCS) was implemented across all divisions of Council in 2009. The objective of this review is to rationalise the number of classifications and documenting of division specific business rules. The desired outcome is to make it easier to save and retrieve business records. All classifications have been documented with notes describing their use in order to assist users select the correct classification. To date the review has been completed for all divisions. The results of the review are incorporated into the divisional sections of the latest revision of the Information Management Business Rules document. A report has been prepared for the Manager City Works due to the specific challenges in that division. Focus has moved to a review of the Generic Classifications. This review is expected to be completed by next quarter.

Measuring our Progress

0

100

200

300

400

500

600

Sep

11

Dec

11

Mar

12

Jun

12

Number

Positive + Negative Media Stories about Council

Positive/Neutral Negative

During the June quarter there were 308 stories that covered Council. Of these, 151 were positive, 240 neutral and 34 were negative. Positive stories included Public Art in Crown Street, Port Kembla Bangaroo, Art Bar, Flinders St Proposal, Car boot sale, Mt Terry Living Classroom, North Beach Bathers Pavilion, Young Men's Forum, Start Pad, Community Survey results and Youth Week.

2 00

4 00

6 00

8 00

10 00

12 00

14 00

Sept

11

Dec

11

Mar

12

Jun

12

Number

Community Participation in Community Engagement

Attendees/Participants During the June quarter a total of 666 people participated in engagement activities. Community engagement continued throughout this quarter on the development of Wollongong 2022: Community Strategic Plan which was placed on public exhibition from 26 April to 24 May 2012. Other engagements included work on West Dapto Access Strategy. A total of 180 people attended Neighbourhood Forums during this quarter.

5000

10000

15000

20000

25000

30000

35000

40000

45000

50000

Sep

11

Dec

11

Mar

12

Jun

12

Number

Visitors to Tourism Information Centres

Southern Gateway My Gong Crown Street During the June 2012 quarter there were 6,948 visitors to the i-Hub facility in Crown Street, 12,722 visitors to the Southern Gateway Centre, and 497 visitors to MyGong. There was a decrease in the number of visitors to the Southern Gateway Centre due to the closure of Jumbulla Aboriginal Discovery Centre, as well as slower visitation to MyGong due to the autumn/winter periods.

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June 2012 Quarterly Review Statement 16

Partner with community Based Organisations in the Provision of Services to the Southern Suburbs

Meetings were held with the committees of management of both Coomaditchie United Aboriginal Corporation and Warrawong Community Kitchen to progress capacity building projects that could be undertaken with the assistance of Council. Meetings were also held with the University of Wollongong to finalise the scope and program for conducting an evaluation of capacity building. It is anticipated that this will be undertaken over the next two years.

Community Cultural and Library Services staff attended and contributed to the activities of the Southern Suburbs Taskforce and the planning and consultation activities of the Warrawong Town Centre Study. Community Safety Audits were conducted in conjunction with NSW Police in the areas of Berkeley and Warrawong. Follow up actions as a result of the audit have been undertaken to improve community safety in those areas. Coordinate the Annual Learning and Development Program The annual learning and development program for the year drew to a close with the implementation of a new learning management system. This system automates registration and provides the employees with a greater opportunity to drive their own self development within the organisation. A range of corporate programs such as “Working with the Speed of Trust” and “Essential Conversations” were rolled out across the organisation, providing support to our organisational cultural change program. Numerous employees accessed the opportunity to attain qualifications ranging from Certificate 1 level to post graduate level.

Measuring our Progress

900

950

1,000

1,050

1,100

1,150

1,200

Jun

11

Sep

11

Dec

11

Mar

12

Jun

12

FTE numbers

%

2%

4%

6%

8%

10%

12%

Staff Establishment/Staff Turnover

Establishment (Perm, fixed, provision, cadet)FTE (Temp)% Turnover - 12 month rolling average

The 12 month rolling average staff turnover rate peaked between July and December 2008 due to the higher than average staff turnover activity in the preceding months. Since October 2009, the 12 month rolling average staff turnover rate has remained relatively stable, and continues to be considerably below the local government average of 10-15%.

4

5

6

7

8

9

10

Jul 1

1

Aug

11

Sep

11

Oct

11

Nov

11

Dec

11

Jan

12

Feb

12

Mar

12

Apr

12

May

12

Jun

12

Jul 1

2

12 Month Rolling Average Days per Employee

9 Sick Leave + Carer Leave

12 Month Rolling Avg Sick Days Taken12 Month Rolling Avg Carers Days Taken Upper TargetLower target

The 12 month rolling average for sick leave and carers' leave for the June quarter performed within the rolling average target band of 7 - 8.5 days with 7.31 days sick leave and 0.80 days carers leave on average per employee over the rolling twelve months.

15.0

20.0

25.0

30.0

35.0

40.0

Jan

Feb

Mar

Apr

May

June July

Aug

Sep

t

Oct

Nov

Dec

LTIFR

Lost Time Injury Frequency Rate

Lost Time Injury Frequency Rate 2011 Lost Time Injury Frequency Rate 2012Upper Target Lower Target

The LTIFR for June quarter has been in the 28-30 range. This is a slight increase compared to the past 6 months results and still remains above our target. Ten LTI's were incurred during the quarter which involved six sprains and strains, three lacerations and one fracture. Council continues to focus on reducing the potential for injury and illness through the application of risk management and early intervention strategies for injury management.

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June 2012 Quarterly Review Statement 17

Review Council’s Community Consultation Policy A review of data relating to the Community Consultation Policy has been undertaken including participation rates and current techniques employed. Council is preparing a draft policy which will be placed on public exhibition before the end of December 2012. Formalise the scope of works with Tourism Wollongong and establish an expanded funding program A funding and performance agreement has been finalised. The Program includes the expanded role of Tourism Wollongong in major events and City Centre. These expanded roles strengthen the overarching destination marketing of the City. Promote Wollongong Town Hall and IPAC as accessible Civic and Cultural venues Council continues to support the community’s use of Wollongong Town Hall with the provision of subsidised fees under the Wollongong Town Hall Subsidy of Fee Reduction Policy. During 2011-12 financial year Council provided fee subsidisation to 28 groups. These bookings covered a variety of events many of which were held over multiple days including the Wollongong Conservatorium of Music 40th anniversary showcase, concerts by the Illawarra Choral Society, and Wollongong School’s Music Festival. The venue was also utilised for public meetings, Volunteering Illawarra Expo, Seniors Week and ANZAC day. Pegasus Venue Management has promoted the events through the media, posters, banners and via their website. Utilisation of this facility continues to grow with excellent feedback being provided by patrons. IPAC continues to produce, promote, present, encourage and facilitate the performing arts and other cultural and artistic activities in the region. During this quarter, IPAC featured a number of productions which included Midsummer, The Story of Mary Maclane by Herself, Charcoal Creek and Vault Cabaret.

Measuring our Progress

5000

10000

15000

20000

25000

30000

Sep

11

Dec

11

Mar

12

Jun

12

Participation

Community Participation in Community Programs

Community Participation in Community Programs There was an increase in participation in community programs and projects this quarter. The Healthy Community Initiatives, Living Books and Song World programs were popular. There was also strong participation in Refugee Week, Youth Week and Wollongong City Gallery programs and projects. Library Services Childrens, Youth Services and Adult programs continue to be popular and attract strong attendances.

%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Sep

Dec

Mar

Jun

%

Community Facilities Utilisation

Distric Multi Purpose Facilities 10/11 District Multi Purpose Facilitites 11/12 While utilisation rates for the first two quarters of 2011/2012 are higher than for the comparative period in 2010/11, utilisation rates declined in the March and June quarters 2011/2012. This is attributable to a higher rate of usage in the March quarter 2010/2011 due to the hire of centres by the Electoral Office for pre-polling and polling. The decrease in utilisation compared to the first two quarters of 2011/2012 is however, attributable to the cessation of operations of some regular hirer groups at district level centres.

0.0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1.0

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Jun

Per Capita

Library Visits

2010/11 2011/12 Library visits fell under the target of 4.8 visits per capita during the fourth quarter. This result was impacted by the closure of the Central library for three weeks in April.

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June 2012 Quarterly Review Statement 18

Implement the City Centre Safety Action Plan 2010-13 The trial period for the relocation of a private bus company drop off point for persons attending late night venues in Corrimal Street has been completed. Following the positive feedback from residents and NSW Police as well as late night venues recording a significant decrease in anti social behaviour, the relocation drop off point to a Crown Street bus stop has now been made permanent. There were 96 reports of graffiti in the City Centre area, all of which were removed within prescribed timelines. The Graffiti Prevention Project on the rear wall of the Project Contemporary Art Space building in MacCabe Park is now complete. Enhance web and online customer service The online Customer Service project is complete. The new Customer Service On-Line section of Council’s website is simple, clean and jargon free. The structure gives customers an efficient method to lodge requests. It also gives customers access to the information relevant to their specific request that often allows the customer to ‘self service’ without the need to lodge a request. The Access Links to Customer Service Online have been updated to new customer friendly labels. These are ‘Report It’, ‘Apply For It’ and ‘Pay For It’. Initial feedback of the new layout has been positive.

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June 2012 Quarterly Review Statement 19

OUR FINANCIAL PERFORMANCE 

REPORT OF MANAGER FINANCE The preliminary and pre audit results indicate a positive outcome against original budget and a range of varying results against the revised budget for the financial year ending 30 June 2012. The results presented at this stage are still subject to change pending finalisation of the asset capitalisation process, joint venture insurance pool valuation and any changes agreed through the independent audit process. The following table provides a summary view of the organisation’s overall financial results for the year.

TTAABBLLEE 11 Original Revised

Budget Budget Actual Variation

KEY MOVEMENTS 1-Jul 30-Jun 30-Jun

Operating Costs $M (229.3) (229.8) (231.5) (1.7)

Operating Revenue $M 206.1 219.8 217.6 (2.2)

Operating Result [Pre Capital] $M (23.2) (10.0) (13.9) (3.9)

Capital Grants & Contributions $M 6.9 5.4 19.6 14.2

Operating Result [Post Capital] $M (16.3) (4.6) 5.7 10.3

Operational Funds Available for Capital $M 30.3 39.1 40.9 1.8

Capital Works 66.9 65.4 64.7 0.7

Contributed Assets 8.3 (8.3)

Funded from:

- Operational Funds $M 30.3 39.1 40.9 1.8

- Other Funding $M 28.8 26.0 21.2 (4.9)

- Notional Funding Contributed Assets $M 8.3 8.3

Total Funds Surplus/(Deficit) $M (7.8) (0.4) (2.6) (2.2)

FORECAST POSITION

The Operating Result [pre capital] was a deficit of $13.9M compared to the revised projected deficit of $10.0M. The operating result has been impacted by a number of large variations including:

the delay in realising the anticipated profit on sale of a property ($1.8M),

the decision to close the Helensburgh Waste Depot that required an accelerated non cash provision for remediation ($1.6M), and

the non cash impact of employee liabilities for leave and workers’ compensation changes ($4.2M) that are primarily due to increases in discounted cash flow valuations caused by lower interest rates applied in the calculation.

The Operating Result inclusive of capital contributions and donations is a surplus of $5.7M against a budgeted deficit of $4.6M. This result was significantly affected by Capital Grants and Contributions that exceeded budget by $14.2M. Additional grants and contributions included contributed assets infrastructure assets that were not included in estimates $8.3M and the receipt of $6M from the Building Better Regional Cities grant that was announced 29 June 2012. Contributed assets included transport assets of $4.3M and stormwater assets $4.0M. These assets were acquired through transfers from government and subdivision developments of $1.8M and $6.5M respectively.

The Total Funds result as at 30 June 2012 is below budget by $2.3M. This result has been impacted by the delay in the settlement of a property sale with a net funds receivable of $4.4M (Note: The net funds received is the sale proceeds less an amount required to fund the existing shortfall in the Property Restricted Asset. The profit on sale, recognised in the Operating Results, is the proceeds less the existing value of the property in Council’s accounts). The sale is now expected to be finalised early in

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June 2012 Quarterly Review Statement 20

2012/13. The underlying result, including this property transaction, represents an improvement in the Funds Result against budget of $2.2M. This improvement will further increase the Available Funds position and provide further capacity to increase expenditure in a future period.

1 Income & Expense The primary variations and issues are discussed below with favourable changes identified as (F) and unfavourable (U). A more comprehensive list is provided in Table 7.

Employee Costs $6.0M (U). The unfavourable variation is comprised of a non cash component of $4.2M that relates to end of year valuation and reporting requirements and a cash component of $1.7M that relates to labour usage. The non cash variation includes an increase in the value of employee leave entitlements of $3.8M and workers’ compensation provision of $0.4M. The increase in leave entitlements is primarily due to increases in discounted cash flow valuations caused by a change in the discount factors applicable at 30 June 2012 compared to the previous year. The average discount factor for 30 June 2011 was 5.0% and this has reduced to 2.8% at 29 June 2012. The increase in the workers’ compensation liability is based on the annual actuarial assessment and includes expected impact of recent legislation changes, valuation of outstanding claims and is also impacted by discount factors. The unfavourable variance in the cash component is due to higher levels of overtime expenditure ($1.0M), increased salaries and wages ($0.4M) and an increase in workers’ compensation related payments ($0.2M). Increased overtime and salary costs have been offset by increased recovery from capital and a reduction in other expenditure categories that reflects the variation from the budgeted to actual method of service delivery.

Contracts, Materials and Other Expenses $4.2K (F). This variance is

attributable to a delay in completion of funded projects that may require reintroduction in future periods in the vicinity of $1.4M, use of additional labour for the completion of projects and activities $0.3M and a range of operational savings across the organisation.

Depreciation $0.6M (U). The closure of the Helensburgh Waste facility has

required an increase in the non cash provision for its remediation of $1.6M. This increase in expenditure has been partially offset by a lower level of deprecation expenditure over a range of assets that is related to timing of capital project completion, expiry of assets and changed asset lives.

Internal Charges $0.6K (F). This favourable variance is mainly due to increased

use of internal design and project management labour in the capital works program.

User Charges and Fees $0.3M (F). Increased income from commercial tipping

operations, tourist parks and crematorium and cemeteries has contributed to this improvement.

Interest and Investment Revenue $0.2M (U). Lower market interest rates and

fair value adjustments in relation to the long term portion of Council’s investment portfolio have resulted in lower that budgeted investment income in the last quarter.

Grants and Contributions – Operating $0.4M (F). This favourable variance is

the result of higher than anticipated value of the early payment of the 2012/13 Financial Assistance Grant ($0.2M), along with increased pensioner subsidy ($0.1M) and timing of number of operational grants.

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June 2012 Quarterly Review Statement 21

Profit/Loss on Disposal of Assets $2.9M (U). Profit and loss on disposal of assets has been impacted by the delayed settlement of a major land sale that was expected to generated profit of $1.8M, unbudgeted asset write offs of $1.0M that are associated with changes in the capital renewal program and the disposal of cabins at Corrimal Tourist Park which held a book value of $0.1M.

Capital Grants and Contributions $14.2M (F). The favourable variance is the

result of the recognition of notional value of contributed assets of $8.3M and the receipt of the Building Better Cities grant $6M at the end of June 2012. .

2 Capital Budget At 30 June 2012, Council had completed a capital works program of $64.7M compared to a revised budget of $65.4M. The result also includes the recognition of $8.3M of contributed assets that were acquired through transfers from Government and subdivision developments of $1.8M and $6.5M respectively. Contributed assets include transport assets of $4.3M and stormwater assets $4.0M. 3 Cash & Investments Council’s actual cash and investments show an increase of $14.1M compared to the March Quarter projections. This is primarily due to the receipt of the $6M ‘Building Better Regional Cities’ grant at the end of June, underspend on projects funded by restricted cash and the net position of receivables and payables. The increase in external restrictions shown in the table below reflects the additional grant and progress of funded projects.

TTAABBLLEE 22

Total Cash and Investments $M 64.6 76.6 90.7 14.1Attributed to:External Restrictions

Developer Contributions $M 6.6 7.5 7.4 (0.1) Specific Purpose Unexpended Grants $M 6.0 3.9 10.8 7.0 Special Rates Levy City Centre $M 0.2 0.1 0.8 0.7 Unexpended Loans $M 6.5 13.6 16.1 2.5 Domestic Waste Management $M 4.3 5.6 4.1 (1.5) Private Subsidies $M 2.6 2.2 2.4 0.2 Stormwater Management Charge $M 0.4 0.5 0.7 0.3

Total External Restrictions $M 26.6 33.2 42.3 9.1

Internal RestrictionsProperty $M (0.6) 0.0 (0.3) (0.3)Sports Priority program $M 0.9 0.9 0.6 (0.3)Car Parking strategy $M 0.0 (0.0) 0.1 0.1MacCabe Park Development $M 1.1 0.2 0.2 (0.0)Darcy Wentworth Park $M 0.1 0.1 0.1 (0.0)Garbage Disposal Facility $M 18.4 17.7 17.6 (0.1)Telecommunications Revenue $M 0.2 0.2 0.6 0.4

Total Internal Restrictions $M 20.0 19.1 19.0 (0.1)

Available Cash $M 18.0 24.3 29.4 5.1

Net Payable & Receivables $M (0.1) 0.8 (6.6) (7.5)Available Funds $M 17.9 25.0 22.8 (2.2)

CASH, INVESTMENTS & AVAILABLE FUNDS

* The Original budget projection have been revised to reflect actual cash holdings at 30 June 2011.

Original Budget

2011/12 *

March QR 2011/12

Variation Actual 30 June

2012

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June 2012 Quarterly Review Statement 22

4 Long Term Financial Projections Key Performance Information shown below is based on financial forecasts that are contained in the Resourcing Strategy 2022 that was adopted by Council on 25 June 2012. The Long Term Forecasts have not been adjusted at this stage for timing issues that have impacted on the end of year result. For example, one of the significant impacts on both the Operating and Fund Results has been the delayed settlement of a major land sale which was expected to occur before 30 June 2012 but has now been postponed. It is proposed that these adjustments be incorporated in the first quarterly review for 2012/13. Operating Surplus/(Deficit) The Operating Result [pre capital] provides an indication of the long term viability of Council. In broad terms, a deficit from operations indicates that Council is not earning sufficient revenue to fund its ongoing operations (services) and continue to renew existing assets. The deterioration in the 2011/12 result compared to Management Plan forecast is predominantly the result of the non cash adjustments that are discussed earlier in this document. As the majority of these adjustments are not of a recurrent nature, no flow on effect is expected into future years. The main exception to this is the delayed settlement of the land sale which was expected to generate a profit on sale of $1.8M. Realisation of this sale will improve the 2012/13 projections to this extent. The introduction of projects that were not completed during 2011/12 and were supported by external funding received in prior periods also has potential to impact on the future Operating Results.

TTAABBLLEE 33

Operating Surplus / (Deficit) [pre capital]

-40

-30

-20

-10

0

10

2011/12 2013/14 2015/16 2017/18 2019/20 2021/22

$m

Management Plan June QR

Operational Funds Available for Capital An increase in Operational Funds available for capital remains the primary objective of Council to provide for effective renewal of assets. There has been an improvement in operational fund available for capital of $1.8M for 2011/12 compared to the March Quarterly Review forecast that generally is the result of a range of operational improvements that are not considered to be of a recurrent nature. It should be noted

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June 2012 Quarterly Review Statement 23

that the relatively low level of this indicator for 2012/13 is the result of the early payment of the first two instalments in the Federal Assistance Grant for 2012/13 in June 2012.

TTAABBLLEE 44

Operational Funds Available for Capital

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22

$ M

June QR Management Plan

Available Funds Available Funds represent the working capital of an organisation that is used to meet short term cash requirements, provide contingency for unexpected costs or loss of revenue, and to provide flexibility to take advantage of opportunities that may arise from time to time. Council’s Financial Strategy has a target to achieve and maintain an Available Funds position between 3.5% and 5.6% of revenue [pre capital]. Based on the Strategy and end of year results, the target is between $7.6M and $12M. The delayed land sale has resulted in a reduction of $4.4M in Available Funds compared to the March Quarterly Review forecast for 2011/12 that is partially offset by savings compared to budget of $2.2M. On completion of the deferred land sale, that reduced this year’s position, the additional capacity expressed in the current plans will increase to approximately $8.8M. Further analysis and discussion of these opportunities will be tabled with Council during the year

TTAABBLLEE 55

Forecast Available Funds Balance

0.0

5.0

10.0

15.0

20.0

25.0

30.0

2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22

$M

Delivery Plan Proposed Expenditure Target (Low) Target (High) June QR

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June 2012 Quarterly Review Statement 24

TTAABBLLEE 66

Original Current Actual VariationBudget Budget$'000 $'000 $'000 $'000

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs 93,418 95,983 102,030 (6,047)

Borrowing Costs 3,407 3,407 3,236 171

Materials, Contracts & Other Expenses 79,073 79,322 75,087 4,235

Depreciation, Amortisation + Impairment 63,424 60,136 60,779 (643)

Internal Charges (10,024) (9,026) (9,659) 6330

Total Expenses from Ordinary Activities 229,297 229,822 231,473 (1,651)REVENUES FROM ORDINARY ACTIVITIES

Rates and Annual Charges 143,800 143,039 143,083 44

User Charges and Fees 28,805 28,712 29,037 326

Interest and Investment Revenues 4,250 5,937 5,736 (201)

Other Revenues 7,851 8,173 8,293 120

Grants and Contributions - Operating 21,273 32,138 32,561 423

Profit/Loss on Disposal of Assets 149 1,790 (1,153) (2,943)

Revenues [pre capital] 206,129 219,789 217,556 (2,233)

Operating Result [Pre capital] (23,168) (10,033) (13,917) (3,884)

Capital Grants & Contributions 6,912 5,427 19,587 14,160

OPERATING RESULT (16,255) (4,606) 5,670 10,276

Surplus (Deficit) [pre capital] (16,255) (4,606) 5,670 10,276Add back : - Non-cash expenses 75,662 71,999 79,606 7,607 - Restricted cash used for operations 7,160 10,153 8,963 (1,191) - Income transferred to Restricted Cash (24,124) (26,251) (40,645) (14,394) - Payment of Accrued Leave Entitlements (8,989) (8,989) (9,461) (472)

Funds Available from Operations 33,454 42,307 44,133 1,827

Advances made by / (repaid to) Council (135) (135) (135) 0Borrowings repaid (3,041) (3,041) (3,051) (9)

Operational Funds Available for Capital 30,278 39,130 40,948 1,817

Capital Works (66,872) (65,441) (64,742) 699Contributed Assets 0 0 (8,347) (8,347)Transfers to Restricted Cash 0 (629) (314) 315Funded From :- - Operational Funds 30,278 39,130 40,948 1,817 - Sale of Assets 424 5,781 1,107 (4,674)

- Internally Restricted Cash 1,900 3,148 3,094 (54) - Borrowings 0 0 0 0

- Capital Grants 4,737 4,150 4,059 (91) - Developer Contributions (Section 94) 6,749 6,232 6,175 (57) - Other Externally Restricted Cash 14,973 6,448 14,418 7,970 - Other Capital Contributions 0 828 992 164

TOTAL FUNDS SURPLUS / (DEFICIT) (7,812) (354) (2,610) (2,256)

FUNDING STATEMENT

CAPITAL BUDGET

WOLLONGONG CITY COUNCIL1 July 2011 to 30 June 2012

INCOME & EXPENSE STATEMENT

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June 2012 Quarterly Review Statement 25

TTAABBLLEE 77

Net

Surplus Deficit

EXPENSES FROM ORDINARY ACTIVITIESEmployee Costs

Increase in valuation of employee leave provisions (3,836)Increase in Workers Compensation provision (426)Projects delivered using labour where budget is materials & contracts (290)Funded projects to be completed in future periods 115Workers Compensation medical & other expenses (178)Superannuation (152)Backfill for leave, penalties and other (298)Overtime (929) (53)

Borrowing CostsRemediation Discount on Waste Facilities 171

Materials, Contracts & Other ExpensesFunded projects to be completed in future periods

Stormwater & flood management 331Community Services 323City Centre 261WASIP 189Other 338

Projects delivered using labour where budget is materials & contracts 290Reduction in uninsured property/public liability insurance provision 220Reduced IT projects & recurrent operating expenditure 452 Legal expenses 347 Communications & Marketing 222 280 Helensburgh Waste Centre EPA & other operational costs 241 Reduction in operating costs for recreation areas 230 Reduction in contingency funds required 184 Reduced operating expenditure for internal support services 162 Reseal program 131 Reduced operating cost associated with commercial activities 104 Major Plant operating costs 100 Other 214 City Centre parking operational costs, offset by reduced income 61 Additional domestic waste cost, mainly kerbside collection program (301)Increase in doubtful debts provision (144)

DepreciationHelensburgh Waste Depot Remediation brought forward (1,599)Timing of capitalisations and changing useful lives 956

Internal ChargesIncrease use of internal labour for capital program delivery 856Increased use of other internal services for capital program delivery 73Reduced level of plant used in capital program (74)Reduced recovery of marketing & print costs offset by reduced expenditure (222)

REVENUES FROM ORDINARY ACTIVITIES

Rates & Annual ChargesAdditional income from rates & waste levy 44

User Charges & FeesCommercial Tipping Fees 148 Additional Tourist Park Income 122 Rating information S611 & S603 certificates 108 Additional income crematorium & cemeteries 71 Decrease in Leisure Centre Income (101)Lower income from City Centre parking (87)Other 65

Other RevenueKembla Terraces Fair Value adjustment (174)Penalty income from Parking 78 Sustainable Illawarra project reimbursement by Shellharbour 253Other (37)

Interest and Investment RevenuesLower Interest Rates and Fair Value adjustments on investment portfolio (201)

Grants & contribution - OperatingFinancial Assistance Grant adjustment indexation of additional payment 237 Pensioner subsidy 81 Various other 105

Profit/Loss on Disposal of AssetsBellambi Lane land Sale postponement (1,845)Write off of residual building and transport assets on replacement/upgrade of exist (984)Corrimal Cabin replacement residual values (98)Other (16)

NET SURPLUS (DEFICIT) [pre capital] (6,171) 3,399 (1,110) (3,882)

Offsetting Items for

FundMAJOR VARIATIONS YTD compared to Budget $'000s

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June 2012 Quarterly Review Statement 26

TTAABBLLEE 77 ((CCOONNTT) Net

Surplus Deficit

Capital Grants & ContributionsNotional impact of the recognition of contributed assets & dedications 8,347Building Better Cities 6,000Other timing of grant & contribution payments (187)NET SURPLUS (DEFICIT) 7,989 3,399 (1,110) 10,278

FUNDING STATEMENTRevision of employee leave provisions 3,836Profit on asset disposals - postponed land sale & asset write offs 2,927Depreciation Variation 643Increase in Workers Compensation provision 426Decrease in transfer from DWM or reflect increased operational cost. 301Kembla Terraces Fair Value - Nil increase 174Increase in doubtful debts provisions 144Additional capital grants & contributions transferred to restricted cash (14,347)Funded operational projects not completed in current year (1,557)Adjustment for reimbursement for Shellharbour refund (253)Timing of other capital grants & contributions 187Remediation Discount on Waste Facilities (171)Various operational grants & contributions transferred to restricted cash (105)Change in Insurance Provision (220)Increase in payment of accrued leave entitlements (472)Other 26

OPERATIONAL FUNDS AVAILABLE FOR CAPITAL - 3,399 (1,582) 1,817

CAPITAL BUDGETIncrease in contributed assets & associated funding 8,347 (8,347)Postponement of Bellambi Land Sale (4,722)Decrease in external funding applied capital works (365)Reduction in transfers to restricted cash associated with land postponed sale 315 Decrease in capital works 699 (4,073)TOTAL FUNDS SURPLUS/(DEFICIT) - 12,760 (15,016) (2,256)

MAJOR VARIATIONS YTD (cont) compared to Budget $'000sOffsetting Items for

Fund

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June 2012 Quarterly Review Statement 27

CAPITAL PROJECTS REPORTas at the period ended 30 June 2012

ORIGINAL BUDGET CURRENT BUDGET YEAR TO DATE

Total Roads And Related Assets 21,838 17,439 17,106

Total Footpaths And Cycleways 5,963 2,831 2,702

Total Carparks 1,680 1,367 1,297

Total Stormwater And Floodplain 3,098 2,760 2,445

Total Buildings 18,413 17,613 17,787

Total Commercial Operations 1,340 1,149 1,202

Total Parks Gardens And Sportfie 3,062 2,652 2,569

Total Beaches And Pools 1,356 1,004 947

Total Recreation And Leisure Ente 50 107 107

Total Natural Areas 159 80 70

Total Waste Facilities 1,025 1,881 1,834

Total Fleet 675 1,462 1,448

Total Plant And Equipment 2,666 3,883 3,935

Total Information Technology 1,968 2,476 2,421

Total Library Books 1,197 1,203 1,204

Total Public Art 101 172 141

Total Emergency Services 707 89 91

Total Land Acquisitions 100 7,406 7,396

Total Non-Project Allocations 1,476 (179) 0

Total No Classification (1) 37 38

TOTAL PROJECTS 66,872 65,432 64,742

Total Contributed Assets 0 0 8,347

ExpenditureProject Year to date expenditure (ex

orders)

Expenditure

The Quarterly Budget Review Statement (QBRS) requirements that were issued by the Department of Local government in December 2010 require council to provide additional information that is included in the following schedules and this report should be read in conjunction with these.

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June 2012 Quarterly Review Statement 28

Contractor Contract Detail & PurposeContract

Value Commencement

DateDuration of

ContractBudget

Y/N$000's

Infrastructure Management Group PTY LTD Video Image Data Collections 96 1/03/2012 FY 2011/2013 YESLandform Gardens Supply & Installation of Playground at Thirroul Beach Reserve 288 16/04/2012 FY 2011/2012 YESEncat Metal and Civil Supply & Installation of RMS pedestrian fencing at Fairwater Drive 80 14/05/2012 FY 2011/2013 YESThe Fitness Generation Rental of Cardio Equipment at BPLC 128 12/06/2012 FY 2011/2016 YES

Budget Review for Quarter ended June 2012

WOLLONGONG CITY COUNCILContract Listing

Expense Expenditure YTD Budgeted (Y/N)$000's

Consultancies 1,483 YLegal Fees 1,423 Y

Consultancy and Legal ExpensesBudget Review for Quarter ended June 2012

The (QBRS) guidelines require councils to provide a listing of contracts that have been entered into during the quarter that have yet to be fully performed. Details of contracts, other than contractors that are on Council’s preferred supplier list, that have a value equivalent of a 1% of estimated income from continuing operations or $50K, which ever is the lesser, are required to be provided.

The QBRS guidelines also require councils identify the amount expended on consultancies and legal fees for financial year. Consultants are defined as a person or organisation that is engaged under contract on a temporary basis to provide recommendations or high level specialist or professional advice to assist decision making by management. Generally it is the advisory nature of the work that differentiates a consultant from other contractors.

SSTTAATTEEMMEENNTT OOFF RREESSPPOONNSSIIBBLLEE AACCCCOOUUNNTTIINNGG OOFFFFIICCEERR

All investments held at the 30 June 2012 were invested in accordance with Council’s investment policy. Bank reconciliations have been completed as at 30 June 2012. Year to date Cash and investments are reconciled with funds invested and cash at bank. BBUUDDGGEETT RREEVVIIEEWW SSTTAATTEEMMEENNTT With regard to the original estimate of income and expenditure, the financial statements and schedules contained within the Quarterly Review reflects an improved outcome and further progresses movement towards longer term financial targets. The saving targets embedded in the budget have been fully met. The overall year to date position is above expectations of the adopted budget across the broad range of indicators and on a budget outcome basis is considered to be a positive outcome. BRIAN JENKINS RESPONSIBLE ACCOUNTING OFFICER

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Original YTD YTDBudget Budget Actual$'000 $'000 $'000

EXPENSES FROM ORDINARY ACTIVITIES

Employee Costs 98,883 7,595 6,978

Borrowing Costs 3,286 276 234

Materials, Contracts & Other Expenses 83,973 6,204 5,316

Depreciation, Amortisation + Impairment 62,059 4,917 4,917

Internal Charges (10,532) (710) (572)

Total Expenses from Ordinary Activities 237,670 18,282 16,873

REVENUES FROM ORDINARY ACTIVITIES

Rates and Annual Charges 148,945 11,170 11,040

User Charges and Fees 29,818 2,183 1,845

Interest and Investment Revenues 3,499 281 396

Other Revenues 8,192 655 603

Grants and Contributions - Operating 19,413 1,154 2,277

Profit/Loss on Disposal of Assets 0 0 0

Revenues [pre capital] 209,866 15,444 16,161

Operating Result [Pre capital] (27,804) (2,838) (712)

Capital Grants & Contributions 12,322 767 1,039

OPERATING RESULT (15,482) (2,072) 327

Surplus (Deficit) [pre capital] (15,482) (2,072) 327Add back : - Non-cash expenses 76,216 6,090 5,854 - Restricted cash used for operations 8,818 784 407 - Income transferred to Restricted Cash (32,897) (1,933) (2,896) - Payment of Accrued Leave Entitlements (9,322) (726) (702)

Funds Available from Operations 27,333 2,144 2,990

Advances made by / (repaid to) Council (135) 1 5Borrowings repaid (3,037) (250) (140)

Operational Funds Available for Capital 24,162 1,895 2,855

Capital Works (68,793) (1,266) (1,266)Contributed Assets 0 0 0Transfers to Restricted Cash 0 0 0Funded From :- - Operational Funds 24,162 1,895 2,855 - Sale of Assets 1,660 0 0

- Internally Restricted Cash 7,870 3 3 - Borrowings 1,750 0 0

- Capital Grants 5,210 (36) (36) - Developer Contributions (Section 94) 5,920 183 183 - Other Externally Restricted Cash 11,630 778 778 - Other Capital Contributions 317 0 0

TOTAL FUNDS SURPLUS / (DEFICIT) (10,274) 1,557 2,517

FUNDING STATEMENT

CAPITAL BUDGET

WOLLONGONG CITY COUNCIL1 July 2012 to 27 July 2012

INCOME & EXPENSE STATEMENT

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WOLLONGONG CITY COUNCILActual Actual

2012/13 2011/12$'000 $'000

as at 27/07/12 as at 30/6/12

CURRENT ASSETS

Cash Assets 67,005 83,506Investment Securities 7,248 7,189Receivables 22,574 14,221Inventories 8,911 8,901Other 3,869 722

Total Current Assets 109,607 114,538

NON-CURRENT ASSETS

Non-Current Receivables 3,522 3,522Property, Plant and Equipment 2,323,082 2,326,828Investment Properties 3,725 3,725Westpool Equity Contribution 739 739

Total Non-Current Assets 2,331,069 2,334,814

TOTAL ASSETS 2,440,676 2,449,352

CURRENT LIABILITIES

Current Payables 15,874 25,112Current Provisions payable < 12 months 9,382 9,381Current Provisions payable > 12 months 28,520 28,520Current Interest Bearing Liabilities 1,659 1,659

Total Current Liabilities 55,435 64,672

NON-CURRENT LIABILITIES

Non Current Interest Bearing Liabilities 15,089 14,986Non Current Provisions 42,775 42,645

Total Non-Current Liabilities 57,864 57,631

TOTAL LIABILITIES 113,299 122,302

NET ASSETS 2,327,376 2,327,050

EQUITY

Accumulated Surplus 1,041,349 1,042,583Asset Revaluation Reserve 1,223,204 1,223,204Restricted Assets 62,824 61,263

TOTAL EQUITY 2,327,376 2,327,050

BALANCE SHEET

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CASH FLOWS FROM OPERATING ACTIVITIESReceipts:Rates & Annual ChargesUser Charges & FeesInterest & Interest ReceivedGrants & ContributionsOtherPayments:Employee Benefits & On-costsMaterials & ContractsBorrowing CostsOther

Net Cash provided (or used in) Operating Activities

CASH FLOWS FROM INVESTING ACTIVITIESReceipts:Sale of Infrastructure, Property, Plant & EquipmentDeferred Debtors ReceiptsPayments:Purchase of Infrastructure, Property, Plant & EquipmentPurchase of Interests in Joint Ventures & Associates

Net Cash provided (or used in) Investing Activities

CASH FLOWS FROM FINANCING ACTIVITIESReceipts:Proceeds from Borrowings & AdvancesOther Financing Activity ReceiptsPayments:Repayment of Borrowings & AdvancesRepayment 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

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT

as at 27 July 2012

2012/13

Actual

2011/12

-

$ '000

888

3,640

143,122 31,672 5,771

48,867

- -

-

(7,459)

(7,459)

74,254

90,696

(16,442)

-

-

1,114 - 15

(3,591)

-

(8,983)

(1)

YTD Actual

$ '000

416

2,486

735

(6,515) (7,041)

14,489

(89,320) (48,556)

(17) (33,678)

(61,984)

72,350

(61,004)

- -

(2,759)

(149)

82,400

90,696

(291)

(3,050)

8,296

Total Cash & Cash Equivalents and Investments - year to date

Attributable to:External Restrictions (refer below)Internal Restrictions (refer below)Unrestricted

External RestrictionsDeveloper ContributionsRMS ContributionsSpecific Purpose Unexpended GrantsSpecial Rates Levy Wollongong Centre Improvement FundSpecial Rates Levy Wollongong MallSpecial Rates Levy Wollongong City CentreUnexpended LoansDomestic Waste ManagementPrivate SubsidiesStormwater Management Service Charge

Total External Restrictions

Internal RestrictionsProperty FundFuture Projects / Property DevelopmentEmployee/Superannuation ReserveSports Priority ProgramCar Parking StategyMacCabe Park DevelopmentDarcy Wentworth Park Garbage Disposal FacilityTelecommunications Revenue

Total Internal Restrictions

487 234

2012/13 2011/12$ '000 $ '000

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT (cont.)

as at 27 July 2012YTD Actual Actual

74,254 90,696 11,430 29,431

43,522 42,281 19,302 18,984

25 56

8,100 7,359 641 215

11,273 10,628 234 409

843 2,445 2,401

43,522 42,281

723

(252)

74,254 90,696

- -

4,283 4,116

(252)

69 71

597 -

959

240 253

17,878 17,635 250 589

19,302 18,984

15,269 16,062

143 106

-

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