park, para street, balgownie - wollongong · towers and fields at judy masters park, para street,...

Ordinary Meeting of Council 30 November 2015 63

REF: CM272/15 File: 05.04.01.116

ITEM 11 PROPOSED RENEWAL OF LICENCE FOR PART JUDY MASTERS PARK, PARA STREET, BALGOWNIE

The Licence Agreement for co-licensees, Balgownie Rangers Soccer Club Inc and Balgownie Junior Soccer Club Inc, expired on 31 December 2014. As the licence did not have a holding over clause, Council contacted both clubs and obtained their agreement to holding over the licence until such as the new licence was negotiated and finalised.

This report outlines the details of this proposal and seeks Council’s approval to licence part of Lot 101 DP713518; Lot 1 DP720930; part Lot 1 DP797983 and Lot 2 DP884305 being part of Judy Masters Park, Para Street, Balgownie.

RECOMMENDATION

Council enter into a licence for a 10 year term with Balgownie Rangers Soccer Club and Balgownie Junior Soccer Club as co-licensees for the use of the clubroom, lighting towers and fields at Judy Masters Park, Para Street, Balgownie, in accordance with the terms and conditions set out in this report.

ATTACHMENTS

1 Aerial Plan of Licence Area – part Judy Masters Park 2 Licensed Buildings Maintenance Responsibility Schedule for Canteen Building

B02303 3 Licensed Sportsfields Maintenance Responsibility - part Judy Masters Park 4 Building Condition Report – Judy Masters Park Balgownie dated 30 May 2014

REPORT AUTHORISATIONS

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

Engaged and Innovative City

BACKGROUND

Balgownie Rangers Soccer Club Inc and Balgownie Junior Soccer Club Inc have been co-licensees for part of Judy Masters Park since 1989. The current licence expired on 31 December 2014 and has been holding over since that time. During the last 12 months, Council and the Clubs have negotiated terms and conditions for a new lease for a term of 10 years.

The rental will be as per Council’s advertised Fees and Charges for Community and Sporting Groups annual rental which is currently $640.00 (including GST) for the 2015/16 financial year.


PROPOSAL The proposed term of the new licence are outlined in the proposal below:

Licensor: Wollongong City Council ABN: 63 139 525 939 41 Burelli Street, WOLLONGONG NSW 2500

Co-Licensee: Balgownie Rangers Soccer Club Inc PO BOX 512, FAIRY MEADOW NSW 2519 ABN: To be Advised _________________________________________________Balgownie Junior Soccer Club Inc PO BOX 157, FAIRY MEADOW NSW 2519 ABN: To be Advised

Email: Juniors – [email protected]

Seniors – [email protected]

Area to be Licensed:

Lot 1 DP720930, Lot 2 DP884305, Part Lot 1 DP797983 and Part Lot 101 DP713518 being part of Judy Masters Park, Para Street, Balgownie, comprising Soccer Fields; Canteen Building B02303; three Shipping Containers; and six Lighting Towers.

Permitted Use: Soccer and other sporting activities

Term of Licence: 10 Years

Date of Commencement:

1 January 2015

Rental: $640.00 per annum (including GST) according to Council’s Fees and Charges for Community and Sporting Groups rental.

Security Bond Deposit:

N/A

Review of Rental: Annual review on each anniversary of the licence commencement in accordance with Council’s Fees and Charges for Community and Sporting Groups rental.

Interest Rate: As per Council’s Fees and Charges


Outgoings: The licensee is to be responsible for 100% of the supply and usage of water, sewerage, drainage, garbage and effluent removal, gas, electricity, telephone and communications to or of the property provided by authorities.

The Licensee shall be responsible for payment of land tax (if applicable) for the property.

Insurance: The licensee must keep current insurance policies issued by an insurer authorised to carry on insurance business in Australia as follows:

Public Liability insurance for a minimum of $10,000,000 or such other amount as determined by Council from time to time.

The policies must note the interest of the Licensor as owner of the property and must cover the licensor, the licensee and their employees, agents and invitees.

The licensee must release and indemnify the licensor to the full extent permitted by law from and against all liability in respect of damage to or loss of property, death or personal injury sustained in or in connection with the property except liability arising out of the negligence of the Licensor or their employees or agents.

On each anniversary of the licence, or on request, the licensee must produce evidence to Council of the current insurance policy.

If the licensee fails to maintain the required insurance policy, then Council may maintain the policy and recover the insurance premium from the licensee as a charge under the licence.

Maintenance: The licensor must maintain essential services to the licensed property only in accordance with the attached Licensed Buildings Maintenance Responsibility Schedule (Attachment 2).

1 The licensee must maintain the property in its condition at the commencement date and promptly do repairs needed to keep it in that condition. The licensee is responsible for those items as indicated in the attached Licensed Buildings Maintenance Responsibility Schedule. All works undertaken must be carried out by a licensed contractor in accordance with the relevant Australian Standard, or, if a relevant Australian Standard does not exist to the highest quality of workmanship as approved by Wollongong City Council.

2 Following the Building Condition Assessment Report for the Canteen Building (Attachment 4), the following items will


need to be attended to in the stated years during the licence term:Year 1

Fences – repair chain wire fencing

Gates – repair gates to perimeter chain wire fence

Wiring – replace damaged light switch to canteen area

Install galvanised steel guard to external conduit – north elevation

Terminate final sub circuit wiring to rear storage room

Replace external light photo-electric day/night sensor

Remove damaged light fittings to canteen area

Fixed Appliances – remove strip heaters

Replace electric upright stove

Year 1-5

Sheeting/Tiles – Main roof remove and replace roof sheets and all ancillary flashing and capping

North Skillion Roof – remove and replace all roof sheets and all ancillary flashing and capping. Remove and replace timber purlins, repair steel posts and beams during re-roofing

South Skillion roof – remove and replace all roof sheets and all ancillary flashing and capping. Remove and replace timber battens, repair steel posts and beams during re-roofing.

Additional ventilation be added to the mower equipment storage portion due to flammable liquids and pesticides being stored

Western Concourse Skillion Roof – Polycarbonate sheets to be removed and replaced with new capping and flashings

Roof sheets replacement to include roof insulation for reduction in heating and cooling

Main roof – remove and replace timber purlins during re-roofing.

West Skillion Roof – remove timber cover strip from


western beam and inspect for damage. Repair to both North and South main/skillion roof intersections: barge, fascia and eaves – sand and paint steel posts during re-roofing Down Pipes – Remove and replace all downpipes and connect all to existing stormwater system

Fascia – repair fascia to northwest side of main roof barge board junction

Gutters – remove and replace all gutters

Eaves – repair eaves to the north west side of main roof fascia

Year 2 Floor Coverings – Light sanding of timber floor, fill gaps and then oil to extend life of the floor

Clean and seal vinyl floor covering to canteen

Fixed Furniture – Remove and replace kitchen sink cupboard

Internal Doors – Sand and re-paint all doors

Complete skirting and architraves to admin office

Internal Walls – complete wall linings in office and paint all internal walls

Ceiling – relocate access hole to roof space. Repaint storage ceiling sheets

Year 5 Tapware – remove and replace all tapware

Accessibility – provision to incorporate disabled amenity to building

3 The licensee may not make any alterations or additions to the property, including the erection of any structures or signs without the prior written consent from Council, but the licensor cannot withhold consent unreasonably.

4 When applying for the consent, the licensee must submit drawings and specifications prepared by a qualified consultant approved by the licensor. The licensor can require the alterations to be promptly carried out by contractors and tradesmen approved by the Licensor using materials of the type, colour and size as the licensor


reasonably requires. The Licensee must pay all costs of the alterations including consultant’s fees.

5 The licensee must not overload services to the property, erect any structure or conduct any repairs including any plumbing, electrical or structural work without the consent of the Licensor.

6 The licensee must not replace any locks on any gate or door or a security system without the written consent of the Licensor.

7 The licensee takes the property in the condition in which it stands at the commencement of this licence and should make a thorough inspection of the property before entering into occupation. The licensor does not warrant the suitability of the property for the licensee’s use.

8 If, in the reasonable opinion of the licensor, the building or the property has reached the end of its useful life and is not worth the cost of repairing, the licensee cannot require the licensor to repair or replace the building.

9 The licensee is responsible for all maintenance of the grassed areas, trees, shrubs of the area under licence in accordance with the attached ‘Sporting Grounds Maintenance Schedule’.

10 The licensee is responsible for the maintenance of all turfed areas within the licensed property. Turf must be mown regularly to maintain health and turf vigour and must not exceed a growing height of 100mm.

Lighting Towers: The licensee is permitted to use the six lighting towers and is responsible for payment for power consumption (electricity), the maintenance/replacement of the ‘choke/ballast’ and of all light fittings and fixtures (such as globes) as per the Licensed Sportsgrounds Maintenance Responsibility Schedule (Attachment 3).

The licensee is to advise the Property and Recreation Division of Council of any maintenance/repairs required to the poles or lights.

The licensor is responsible for maintenance of the lighting poles/ towers from the Distribution Board to the ‘choke/ballast’ as per the Licensed Sportsgrounds Maintenance Responsibility Schedule (Attachment 3).

Lighting towers are not permitted to be used after 9pm in the evening Monday – Thursday, or after 10pm on Friday and Saturday.


Special Conditions: 1 The licensee must use the property for the purpose stated in Schedule 1 and not for any other purpose.

2 The licensee must keep the property safe, clean and tidy and free of pests and vermin and dispose of waste at the Licensee’s cost at a waste disposal depot.

3 The licensee must at all times comply with all work, health and safety legislative requirements.

4 The licensee must comply with all laws regulating how the property is used; obtain any consents or licences needed, comply with any condition of consent and keep current any licences or registrations needed for the use of the property or for the conduct of the licensee’s business there.

5 The licensee must abide by Wollongong City Council’s “Shared Sports Fields’ policy of 25 February 2013 and any modification, re-enactment, replacement or supplement to such policy.

6 The licensee must permit public access to the property when the property is not required for immediate use by the licensee. The licensee may charge a reasonable fee to cover the costs of use by the public. In the event that this fee cannot be agreed by both parties, the licensor reserves the right to set the fee.

7 The licensee must comply with all policies, guidelines or other initiatives adopted by Wollongong City Council from time to time in relation to the property including (without limitation) guidelines for the management of community property.

8 The licensee is to ensure all electrical equipment on the property is tested and tagged to comply with current NSW or relevant Australian Legislation and Safety standards.

9 The licensee must ensure that all noise associated with their activities does not cause offensive noise as defined by the Protection of the Environment Operations Act 1997.

10 The licensee must comply with all reasonable requirements and directions of the licensor relating to the property.

11 The licensee must not use the property as a residence or for any activity that is dangerous, offensive, noxious, illegal or immoral or that is or may become a nuisance or annoyance to the licensor or to the owner or occupier of any neighbouring property.

12 The licensee must not hold any auction, bankrupt or fire sale in the property.


13 The licensee must not display signs or advertisements on the outside of the property, or that can be seen from the outside unless the Licensor consents in writing (but the Licensor cannot withhold consent unreasonably).

14 The licensee must not sell or allow alcohol to be supplied or consumed on the property without first obtaining liquor licence consent, permits and/or development approval required by Law for that purpose.

15 The licensee must not install any telecommunication equipment on the property licensed without prior written consent of the licensor which can be refused in its absolute discretion. The licensor may require that the licensee enter into a separate agreement with the licensee which will include the payment of a rental fee to the licensor.

16 The licensee must ensure that the property is kept locked and otherwise secure at all times it is not being used by the licensee.

17 The licensee must not permit smoking in any part of the building or property licensed at any time.

18 The licensee must not supply or allow food to be sold or supplied on the property without first obtaining a Food Registration Licence from Council in order to prepare and sell food from the property.

Legal Costs: Licensee is to pay $160.00 (includes GST) for the preparation of the Licence Agreement in accordance with Council’s Fees and Charges.

CONSULTATION AND COMMUNICATION

Property and Recreation Division – Recreation and Open Space Project Officer; Recreation Policy and Planning Officer (Acting) and Coordinator Sportsfields.

Infrastructure Division – Strategy and Planning Infrastructure Division advised that the building was originally purchased by the Clubs and transported to Judy Masters Park where the Clubs bricked around the building on site. The original licence from 1989 was negotiated on the basis that the Clubs retained the responsibility for the building including the structural maintenance which is normally undertaken by Council. The new licence provides for the Club to undertake structural maintenance during the 10 year term.


Environmental Strategy and Planning Division – Community Land Management In accordance with Section 47 of the Local Government Act 2993 (NSW), public notice of the proposal to grant the licence was provided to adjoining residents, a notice was placed in the ground at the site and a notice was placed in the Council pages of the Advertiser edition 23 September 2015. No submissions were received.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 goal 5 “We are a healthy community in a liveable city”. It specifically delivers on the following:

5.1 There is an increase in the physical fitness, mental health and emotional wellbeing of all of our residents; and

5.5 Participation in recreational and lifestyle activities is increased.

RISK ASSESSMENT

The risk in accepting the recommendation of this report is considered to be low on the basis that the proposed licence was widely advertised with no submissions received and Council process was followed.

FINANCIAL IMPLICATIONS

Income of $640.00 will be received in the first year of the licence term. The rental will be reviewed annually in line with Council’s Fees and Charges for Community and Sporting Groups rental.

The licensees will also contribute $160 (including GST) towards the cost of the licence preparation fee.

CONCLUSION

The granting of a ten year licence will permit the club to undertake the required works as outlined in the attached Building Condition Report (Attachment 4) and will formalise the use of the club house and fields for the two clubs.

FORM LICENSED BUILDINGS MAINTENANCE RESPONSIBILITY

Property and Recreation P a g e | 1 TRIM: Z14/239413 – June 2014

NAME: BALGOWNIE RANGERS SOCCER CLUB INC & BALGOWNIE JUNIOR SOCCER CLUB INC

BUILDING/S: B02303 - CANTEEN BUILDING - JUDY MASTERS PARK PARA STREET BALGOWNIE

ITEM RESPONSIBILITY ITEM RESPONSIBILITY

Description

MAINTENANCE RENEWAL

Description

MAINTENANCE RENEWAL

Applic WCC Licensee WCC Licensee Applic WCC Licensee WCC Licensee

STRUCTURE UTILITIES PAST THE POINT OF CONNECTION

Windows Yes Electrical Yes

Walls Yes Gas N/A

Roof Yes Water Yes

Floor Yes Sewer Yes

MINOR MAINTENANCE APPURTENANCE ITEMS

Cleaning, including windows

Yes External lighting Yes

Gutter cleaning Yes Sheds/Containers Yes

Plumbing (minor) Yes Shelters N/A

Hot Water System – mini-boil system/s Repairs/Replace

Yes Water Tanks N/A

Lights (including bulb replace)

Yes Lighting Towers (6) Yes

Windows, glass replacement

YesINSURANCE

MECHANICAL Artworks / Memorabilia N/A

Air Conditioning N/A Public Liability Yes

De-Humidifying N/A Contents, excl Art N/A

Pumps N/A Building Yes

BUILDING FABRIC SECURITY INCLUDING

Flooring finishes Yes Monitoring–alarm system and leased premises

N/A

Kitchen Yes Guard response N/A

Toilets - cleaning and repairs (minor)

Yes Cameras/Access control N/A

Furniture Yes LANDSCAPE SERVICES

Blinds, curtains N/A Garden bed N/A

ELECTRICAL Footpaths N/A

Connection point Yes Carparks N/A

Telecom and IT within the leased premises and past the point of connection

Yes Driveways N/A

Fences Yes

PAINTING Garden refuse removal N/A

External Yes

Internal Yes

Graffiti removal Yes

LICENSED BUILDINGS MAINTENANCE RESPONSIBILITY FORM


Minor touch-up (internal) Yes

STATUTORY COMPLIANCE RESPONSIBILITY MAINTENANCE RENEWAL

Description Australian Standard

(Latest as at time of executing document) Applic WCC Licensee WCC Licensee

Roof Anchor Points – annual inspection and test AS1891.4:2000 N/A

FIRE

Emergency Lighting – 6 monthly inspection and test AS2293.2:1995 N/A

Emergency Exit Doors – annual inspection and test D2.20 and D2.21 Building Code of Aust N/A

Evacuation Pathway Annual Inspection Environmental Protection Authority Reg 2000 Part 9 Div 7

N/A

Fire Extinguishers – 6 monthly inspection and test / 5 yearly

AS2444 Yes

Fire Hose Reels – annual inspection and test AS2441 N/A

Fire Hydrants and Booster Valves/Pumps – annual inspect and test

AS2419 N/A

Fire Detection Basic-Smoke and Thermal – annual inspection and test battery replacement

AS3786/AS1670.1 Spec E2.2a of Building Code of Australia

N/A

Fire Indicator Panel – monthly inspect and test AS3786/AS1670.1 Spec E2.2a of Building Code of Aust

N/A

Fire Indicator Panel – monitoring (as required) AS4428.6 AS1670.3 N/A

EWIS Panel – monthly maintenance Building Code of Aust 54.9 AS2220 - 1989 N/A

Fire Dampers – annual inspection and test AS1851 AS1682.1 N/A

Fire Doors – annual inspection and test Building Code of Aust Spec C3.4 and AS1905-1 1997

N/A

Fire Suppression - sprinklers and 'dump' – monthly inspection and test

Building Code of Aust E1.54 Spec E1.5 Ord 70 part 27a

N/A

Fire Safety Statement Clause 177 EPA Reg 2000 Yes

ELECTRICAL

Electrical Distribution Board (Building) – annual inspection and maintenance

AS3000:2007 Yes

Electrical Appliance – test and tag AS/NZS 3350.2.29:2001 Yes

UPS - annual inspection and testing Per manufacturer’s recommendation N/A

Power Factor Correction – annual inspection and maintenance

AS/NZ S300:2000 N/A

Transmission Antenna ARPANSA Act N/A

Lightning Protection (Building) – annual inspection and maintenance

AS1768:2003 Append B Sect B10.2 N/A

MECHANICAL

Vertical Transport/Lift – annual inspection and maintenance

AS1735 Workcover Cert Building Code of Aust

N/A

Generator/Pumps – – annual inspection and test AS3100, 2790 N/A

Auto Doors – 4 monthly inspection and test AS5007 E2 N/A

Air Handling AS1668.1 N/A

HYDRAULIC

Hot Water System complex – annual inspection and maintenance

AS3500 Yes

LICENSED BUILDINGS MAINTENANCE RESPONSIBILITY FORM


STATUTORY COMPLIANCE RESPONSIBILITY MAINTENANCE RENEWAL

Description Australian Standard

(Latest as at time of executing document) Applic WCC Licensee WCC Licensee

Irrigation - annual inspection and maintenance AS5200, AS3500, AS2700, AS1319:1994 N/A

RPZ – annual inspection and test AS2845, AS3500.1 N/A

Grease Traps – annual inspection and maintenance copy to Council Registration and Compliance for Wastewater

EPA, AS3500 N/A

Water Tanks – annual inspection and maintenance, ie filters

AS5200, AS3500,AS2941:2002 N/A

Septic Tanks – annual inspection and maintenance AS3500, AS1319, AS2700 N/A

Boilers – annual inspection and maintenance AS3500, Boilers and Pressure Vessels Regs 1954 and AS3788:2001

N/A

TMV–6 monthly –inspection and test AS3500,AS4032.3,HOSPLAN Code of Practice

N/A

Gas Appliances – critical component maintenance AS3500 N/A

APPURTENANCE

Power Poles (Buildings) AS/NZS4676:2000, AS2209:1994 Yes

FORM LICENSED SPORTSGROUNDSMAINTENANCE RESPONSIBILITY


NAME: BALGOWNIE RANGERS SOCCER CLUB INC & BALGOWNIE JUNIOR SOCCER CLUB INC

AREA: PART JUDY MASTERS PARK S2

PARA STREET BALGOWNIE

ITEM RESPONSIBILITY ITEM RESPONSIBILITY

Description

MAINTENANCE RENEWAL

Description

MAINTENANCE RENEWAL

Applic WCC Lessee WCC Lessee Applic WCC Lessee WCC Lessee

ELECTRICAL – from point of supply LANDSCAPINGSupport Poles Yes Gates Yes

Sportsfield Lighting Poles Yes Garden Beds N/A

Security Lighting Poles Yes Arbours/Pergolas N/A

All power cables from point of supply to the protective device only

Yes Fencing, post and rail, chainmesh, bollards, etc

Yes

Pole Attachments, Brackets and Crossbars

Yes Flagpoles N/A

Flood lighting fixtures & fittings, Light globes, ballasts and chokes (protective device)

Yes Signage, Advertising Boards, Information Signs, Name signs

Yes

Security lighting fixtures & fittings, Light globes, ballasts and chokes (protective device)

Yes Tree Surrounds N/A

PICNIC SHELTERS + SHADE STRUCTUES

N/A

Electrical Distribution Boards (EDB) for Field Lighting

Yes CONSTRUCTED SURFACES -pathways + paved areas

Yes

Power Supply Meter (onEDB) Yes INTERNAL ROADS N/A

WATER RETICULATION FURNITUREIrrigation pipes, distribution and pumps

N/A Barbeque N/A

Irrigation - Tanks N/A Bike Rack N/A

Mains Water Supply - Pipes and Taps

N/A Bin Surrounds N/A

Stormwater Drains and Pits

N/A Bubblers N/A

Sub Soil Sportsfield Drainage

N/A Benches/seats Yes

SPORTS AREAS & EQUIPMENT Spectator seating – including hardstand (concrete)

Yes Sports Posts Yes

Scoreboards including ladders, footings and platforms

Yes Seats attached to buildings Yes

Picnic Settings N/A

Sports Courts (hardstand) – cricket pitches, hockey, baseball, netball, tennis, (including linemarking)

N/A

Cricket Practise Net N/A

Cricket Sight Screen N/A

Shipping Containers N/A

LICENSED SPORTSGROUNDS MAINTENANCE RESPONSIBILITY FORM


OPERATIONS

Description

MAINTENANCE RENEWAL

Description

MAINTENANCE RENEWAL

Applic WCC Lessee WCC Lessee Applic WCC Lessee WCC Lessee

PAINTING GROUND MAINTENANCEGraffiti Yes Litter control Yes

Graffiti Removal Yes Grass maintenance Yes

INSURANCE Care of trees and shrubs

Public Liability Yes Utility supply consumption power/water Yes

STATUTORY COMPLIANCE INSPECTIONSAustralian Standard MAINTENANCE RENEWAL

Latest as at time of executing document Applic WCC Lessee WCC Lessee

ELECTRICALElectrical Distribution Board for Field Lighting and/or Irrigation – Annual Inspection and Maintenance

AS3000:2007 Yes

Lightning Protection – Field Lighting Poles – Annual Inspection and Maintenance

AS1768:2003 Append B Sect B10.2

Yes

HYDRAULICIrrigation Tanks – Annual Inspection and Maintenance AS5200 AS3500 AS2700

AS1319:1994N/A

RPZ – Annual Inspection and Test AS2845 AS3500.1 N/A

APPURTENANCEPower Poles for Field Lighting – inspection, testing and maintenance

AS/NZS4676:2000 AS2209:1994 Yes

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