Ordinary

MEETING NOTICE AND AGENDA

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 10 April 2013 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

Peter Tegart

General Manager

 

 

3 April 2013

 

TO:

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

COPY:

General Manager, Mr Peter Tegart

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Community and Relationships, Ms Leanne Barnes

Minute Secretary

 

 

 


PUBLISHING OF AGENDAS AND MINUTES

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for his presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

         Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.


ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st     Do I have private interests affected by a matter I am officially involved in?

2nd    Is my official role one of influence or perceived influence over the matter?

3rd    Do my private interests conflict with my official role?

 

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Division of Local Government (DPC)

(02) 4428 4100

dlg@dlg.nsw.gov.au

www.dlg.nsw.gov.au

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 


TO:   The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act  and regulations or dispensation issued by the Division of Local Government  I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd               mm                  yy

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                    Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                    Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

Councillor

 

*  Note:   Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

 

 


Council                                                                                                              10 April 2013

 

AGENDA

1     Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 20 March 2013 as circulated, be taken as read and confirmed.

2     Apologies and requests for leave of absence

 

3     Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4     Deputations (by prior arrangement)

 

5     Petitions

 

6     Mayoral Minutes

 

7        Adjournment to Standing Committees

RECOMMENDATION

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8     Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1              Proposed Woolworths supermarket - Montague Street, Bermagui....... 9

9     Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

Nil Reports

10   Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

10.1             Eden Port Infrastructure Project....................................................... 36

10.2             Sapphire Aquatic Centre.................................................................. 56

11   Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1             Waste Disposal Vouchers............................................................... 62

11.2             Beach Control 2012/2013................................................................. 67

11.3             Tender 5/13 and 6/13 Littleton Gardens Stage 1B Works.................. 71

11.4             Tender 60/12 Supply and Installation of Synthetic Grass Tennis Court Surfacing........................................................................................ 78

11.5             Water Supply and Sewerage Development Servicing Plans.............. 80

12   Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1             Eden Whale Festival - request for financial assistance..................... 99

12.2             Southern Councils Group Annual General Meeting and Business Meeting 8 March 2013................................................................. 102 .

13   Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

 

 

14   Delegates Reports

14.1             Australian Coastal Councils Conference – March 2013................... 108

 

15   Rescission/alteration Motions

 

16   Notices of Motion

16.1             Merimbula Airport Runway............................................................. 112

16.2             Long Term Financial Plan.............................................................. 114

 

17   Urgent Business

 

18   Questions On Notice

18.1             Woolworths Bermagui Development Application – Peer Review of Economic Impacts by Hill PDA...................................................... 116

18.2             Timeline for report to Council for the Development Control Plan...... 119

18.3             Cr Fitzpatrick - Port of Eden redevelopment - Regional Development Funding........................................................................................ 120

 

19   Questions for the Next Meeting

 

20.. Confidential Business 

 

21   Adoption of reports from Closed Session

22   Resolutions to declassify reports considered in closed session

  

 


Council                                                                                                              10 April 2013

 

 

staff reports – Planning and Environment (Sustainability)

 

10 April 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Britten.  

8.1           Proposed Woolworths supermarket - Montague Street, Bermagui.. 9


Council 10 April 2013                                                                                          Item 8.1

 

8.1DA No. 2012.98: Proposed Woolworths supermarket - Montague Street, Bermagui       

 

General Manager   

 

 

Applicant

Fabcot Pty Ltd

Owner

Fabcot Pty Ltd

Site

Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui

Zone

3(a) General Business

Site area

6060m2

Proposed development

Construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage

Precis

In accordance with the resolution at the Council meeting held on 20 March 2013 attached to this report are draft reasons for refusal.

The draft reasons for refusal have been prepared having regard to the provision of Section 79C of the Environmental Planning and Assessment Act 1979 and the issues raised in submissions received by Council in respect of the proposed development.

Also included in this report is additional information provided by the applicant which was received on 26 March 2013.

The application is presented to Council for determination.

Background

A staff report in respect to the proposed supermarket development was presented to the Council meeting held on 16 January 2013 with the following recommendation:

“1.        That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent.”

“2.        That those persons who made a submission be advised of Council’s decision.”

Council received five deputations from objectors in respect to the proposed development and resolved the following:

“1.        That in accord with the Code of Meeting Practice the matter be deferred for further report on matters raised during deputation.”

“2.        That Councillors attend a site inspection with staff.”

“3.        That Councillors meet with community members for further feedback at a date and venue to be confirmed.”

Councillors and staff inspected the site and surrounding land on Wednesday, 13 February 2013 prior to the community meeting which was held at 6.00pm at the Bermagui Community Centre.

Details of the site inspection and community meeting were included in the staff report to the Council meeting on 20 March 2013.

Council at its meeting held on 20 March 2013 gave consideration to a staff report which recommended:

“1.     That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent attached to the staff report presented to the Council meeting held on 20 March 2013.”

“2.     That those persons who made a submission be advised of Council’s decision.”

and resolved the following:

“1.     That the matter be deferred and the General Manager provide a report to the next practicable meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of consent to DA 2012.0098.”

“2.     That the report include reasons for refusal of development consent in the event that Council ultimately determines to refuse the development application.”

Description of the proposal

Development consent is sought for the construction of a supermarket and associated infrastructure, comprising;

·     Supermarket with a gross leasable floor area of 1639m2 (being 1544m2 of retail space plus 95m2 loading dock).

·     Liquor store with a gross leasable floor area of 152m2

·     Speciality retail shop with a gross leasable floor area of 71m2 (tenancy unknown at this time).

·     Carparking area with a total of 89 spaces.

·     Advertising signage, lighting and landscaping.

Customer access (vehicular and pedestrian) to the proposed development would be via Montague Street. Heavy vehicles would service the site via the Unnamed Laneway (sometimes called Lamont Lane).

Description of the site

The subject site comprises five allotments with frontage to Young Street, Montague Street and the Unnamed Laneway in Bermagui. The land is predominantly cleared, with some remaining exotic vegetation, including several established Canary Island Palms which formed part of the formal garden setting of the original (now demolished) dwelling house.

The site is located within the main commercial precinct of Bermagui, with business premises adjoining the site (separated by the Unnamed Laneway) to the north, including hotel/pub, motel, retail premises and offices.

Immediately adjoining the site to the west is a single dwelling house. The northern side of Young Street (between the subject site and Wallaga Street) is characterised by low density residential development. On the southern side of Young Street (opposite the site between Montague Street and Wallaga Street) is also characterised by low density residential development.

To the east of the site, is a combination of residential development and recreational reserve (park), with Zane Grey Caravan Park further to the east.

Section 79C – Matters for consideration

Section 79C of the Environmental Planning and Assessment Act 1979, requires a consent authority to take into consideration such of the following matters as are of relevance to the development the subject of this development application.

(1)(a) the provisions of:

(i)      any environmental planning instrument, and

(ii)      any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii)     any development control plan, and

(iiia)   any planning agreement that has been entered into under section 93F, or any drafting planning agreement that a developer has offered to enter into under section 93F, and

(iv)     the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v)     any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates,

(b)     the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c)     the suitability of the site for the development,

(d)     any submissions made in accordance with this Act or the regulations,

(e)     the public interest.

In formulating the draft reasons for refusal regard has been given to the issues raised in submissions received objecting to the proposed development, the comments at the community meeting, deputations to Council and issues raised during Councillor debate.

These matters are particularly relevant when considering Section 79C (1)(d) and (e).

[Attachment 1 – Draft reasons for refusal]

Additional Information from Applicant

In accordance with the undertaking at the Council meeting held on 20 March 2013, staff contacted the applicant by email and confirmed Council’s resolution to defer a decision on the application and also sought the applicant’s position on a number of issues raised by Councillors during the debate, including:

·        the dedication of a 3m wide strip of land for future laneway widening, including a footpath to promote future pedestrian linkage to the west;

·        opportunity for the additional façade treatments and landscaping works outlined in the letter of Cox Richardson, dated 14 March 2013, being incorporated in the overall design of the development;

·        the recommendation of Cox Richardson that as part of the proposed development, Woolworths buy local art to contribute to Civic Art.

·        Deletion of the freestanding pole sign at the Montague Street frontage.

Council received a response from Woolworths dated 26 March 2013. Attached to the response is a letter from Cox Richardson.

[Attachment 2 – Most recent advice of Cox Richardson dated 26 March 2013]

The applicant, in response to the staff email and most recent advice from Cox Richardson, has advised the following:

“Thank you for your email. Since receiving your email we have spoken to Philip Cox in relation to the design and I have attached correspondence from him for your reference.

I provide clarification of our position on outstanding items below (numbering as per your email):

1.      A commitment from Woolworths to pursue the dedication of a strip of land 3m wide for future lane widening. During the debate the option was raised that should consent be issued for the proposed development this could proceed via a future Voluntary Planning Proposal. Council is aware that Woolworths are of the opinion that the laneway upgrading works, that would be required by condition 51 of the draft consent, are onerous and would be seeking a review of this draft condition.

Our position remains unchanged. We welcome the current DA being determined based on the current designs. Any future dedication of land or review of Conditions (ie Condition 51) will be subject to a separate s96 application subsequent to determination of the current application.

2.      That the 3m dedication incorporate a footpath to promote a future pedestrian link heading westwards and into the centre of the Main Street.

As per response to point 1 above.

3.      The additional façade treatments and landscaping works outlined in the letter of Cox Richardson, being incorporated in the overall design of the development.

Please find attached correspondence from Prof. Cox in relation to the outstanding requested changes. To resolve the outstanding 2 recommendations we are willing to via way of additional conditioning:

a.       Increase the number of timber columns to a spacing of 4 metres as per Prof. Cox recommendation.

b.       Agree to Prof. Cox recommendation for metal ship profile cladding on the Montague Street frontage (front of store). We would choose to retain the painted concrete panel finish on part of the Young Street frontage as this frontage has significant elevated timber panelling and landscaping covering the concrete panel element. We also prefer to retain painted concrete panel finish on the Lamont Lane frontage (loading dock) from a maintenance and graffiti protection stand point. This frontage also has an elevated timber panel finish.

4.      The letter of Cox Richardson also recommended that Woolworths be encouraged to buy local art to contribute to Civic Art.

We do not feel this should form part of the DA. Instead all initiatives to acquire community art or hold fund raising events should be negotiated with the store manager once opened as per Woolworths policies.

5.      That the free standing pole sign at the Montague Street frontage should be deleted.

Our position remains unchanged. We require a pylon sign to identify our business and location of car park entry. We have previously accepted Council requests to reduce the height of the pylon sign, deletion of the sign on Young St and switching of unnecessary lighting (ie pylon sign) off after hours.”

Should Council resolve to approve the development application the draft consent could be amended to include conditions addressing the recommended design changes.

conclusion

Council has previously considered two reports from staff on 16 January 2013 and 20 March 2013, which highlight the key matters for consideration in relation to the proposed development and recommend approval subject to conditions as per Attachment 3.

In accordance with the Council resolution of 20 March 2013 reasons for refusal have been provided as per Attachment 1.

It is recommended that Council determine the application.

 

ATTACHMENTS

1View. Draft reasons for refusal

2View. Most recent advice of Cox Richardson dated 26 March 2013

3View. Draft Development Consent

 

Recommendation

1.         That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be determined.

2.         That those persons who made a submission be advised of Council’s decision.

 


Council

10 April 2013

Item 8.1 - Attachment 1

Draft reasons for refusal

1.                            


Council

10 April 2013

Item 8.1 - Attachment 2

Most recent advice of Cox Richardson dated 26 March 2013

2.                            


Council

10 April 2013

Item 8.1 - Attachment 3

Draft Development Consent

3.                            

 

 


Council                                                                                                              10 April 2013

 

 

staff reports – economic (enterprising)

 

10 April 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor McBain.  

10.1         Eden Port Infrastructure Project................................................. 36

10.2         Sapphire Aquatic Centre............................................................ 56


Council 10 April 2013                                                                                        Item 10.1

 

10.1.       Eden Port Infrastructure Project     

 

Outlining the process and content of the RDAF4 grant submission lodged with Regional Development Australia for the provision of infrastructure at Port of Eden to stimulate private tourism and marina investment and cruise operations.

 

General Manager  

 

Council has worked with NSW Lands (owner of Snug Cove port infrastructure and adjacent crown lands), relevant port agencies and Eden community groups since 2009, developing concept plans, designs and feasibilities for the extension of the breakwater wharf platform and construction of wave attenuation. That work was refined into an Eden Port Business Case requested by Infrastructure Australia, around the emerging offshore supply vessel activity around the north-east sector of Bass Strait (see attached 1), producing a positive benefit cost ratio. Several deputations to Ministers and agencies followed.

In the interim, following representations by the community group ‘Port of Eden Marina Inc’ (POEM), Council funded the preparation of an updated wave study and an attenuator/marina feasibility study in Snug Cove.

Council commissioned an update of the 2005 Eden Port Masterplan in 2012. The Masterplan revision was assisted by a community reference panel, and will be reported separately to Council at the next meeting to enable its exhibition for comment, and any subsequent modifications to the LEP and DCP.

Following deputations from Eden Chamber and POEM, Council considered expanding the grant funding effort to recognise the cruise ship and ocean yachting strategic position of Eden (see attached 1).

The federal minister for Regional Australia Simon Crean announced maximum funding of $15m for local government or not-for-profit organisations in the $175m RDAF round.

Council successfully lodged an expression of interest (EOI) in December 2012 with Regional Development Australia for RDAF funding for port infrastructure, gaining priority with the South Coast RDA Committee, who has consistently been a strong supporter of Eden. Council was subsequently invited to lodge a full application for funding, due on 11 April 2013. The announcement of the outcome of those applications from across Australia is expected in July 2013. It is understood only two RDAF 4 applications were submitted for ports across Australia.

The RDAF 4 application comprises the following elements to be funded by federal ($15m)/state ($6m)/local government ($2m) grants. An illustration of the proposed infrastructure works are attached (2).

·    Breakwater wharf platform and panel extension (~100m), providing sufficient length and draft to berth cruise ships (250+m) and offshore supply vessels:

crew/public amenities building,

lighting,

dolphin buoys to enable berthing of 250m+ cruise ship,

dredging to enable 8-9m draft,

heavy vehicle circulation for semi-trailer and coaches,

potable waterline

·    Fixed panel wave attenuator (~550m), maintaining 150m navigation channel into Port, and providing marina standard wave climate suitable for recreation vessels, and declaration of Eden Port as ‘safe’

·    Resurfacing and improvements to alignment and grade of Imlay Street where required around Whale Museum, to enable safe movement of semitrailers and coaches into Port

·    Pedestrian boardwalk around headland (~500m), connecting snug cove to cattle bay

The RDAF 4 application nominates the following elements to be funded by private sector, subject to the public port infrastructure being constructed, and relevant approvals/licences being obtained:

·    Marina (~250+ berth):

Floating walkway

Hardstand (car parking, amenities, administration, tourist facility site, fuelling)

The application will reference the concept approved hotel and conference facility development at Cattle Bay, and the associated capital investment and jobs generated. It is noted a separate development application and EIS has been prepared for submission for an attenuator and marina at Cattle Bay.

The application promotes the funding of public port infrastructure is anticipated to leverage significant private investment of ~$50m for the marina and tourism development – a point reinforced by letters of commitment or support from marina and hotel developers and recreation vessel interest groups.

ISSUES

Social / Cultural

Council has lobbied federal and state members, Ministers and agencies, including Infrastructure Australia, for several years with the assistance of the Eden Chamber of Commerce, Cruise Eden, POEM and Eden Hotel Resort, urging the investment of public funding to arrest the decline in population and workforce in Eden – the subject of structural adjustments in forestry and fishing in recent decades. 

Submissions to federal and state enquiries and strategies (such as ports and freight strategies) have highlighted the unemployment and social issues in Eden.

Cruise Eden, a volunteer group operating under the auspices of Eden Chamber, have successfully supported up to 6 cruise vessels a year, bringing passengers to shore by tender craft. However should seas be up, then the opportunity to introduce those passengers to the attractions, tours, retail and indigenous culture of Eden and surrounds, had been lost.

If the grant submission and port infrastructure works are successful, prompting Carnival Australia to schedule up to 50 cruise vessels per year carrying ~2000 passengers and 1000 crew to regularly berth in Eden, the tourism sector is expected to generate over 100 jobs, capable of being trained and sourced locally.

Similarly, should the RDAF 3 grant lodged for part recladding of the SCMDC building and seawater piping to the laboratory be successful, the mix of school and university research activity is expected to be expanded, forming further links with Eden Marine School.

Council has scheduled the preparation of four main town CBD public domain masterplans in 2013. Some ‘Action on Imlay’ funding remains for the next two financial years. Should the grant and subsequent works be successful in the Port, the $500k streetscape and public domain works proposed for Eden late this decade may need to be brought forward to accommodate the significant injection of visitors. It is anticipated financial and in kind assistance from CBD property owners and government would be sought.

Economic

The opportunity to transform Snug Cove into a tourism precinct comprising international cruise ships, ocean yachts, recreational vessels and expanded tourism facilities, and the growing presence of marine research and education through SCMDC, is significant. Connecting Snug Cove with Cattle Bay and Eden CBD for vehicles and pedestrians is important.

The investment to strengthen the regional SE Australian economy and stimulate private sector investment in marina infrastructure and cruise ship visitations are unlikely to occur in the short to medium term.

While retaining Snug Cove as a working port to support the fishing fleet and offshore supply vessels, the recent efforts with the local members securing freight of wind turbines through the multipurpose wharf secures the role of bulk freight handling on the southern side of the harbour and reinforces the ‘two wharves’ approach of the Eden Port strategy.

Freight corridors have been proposed to government from Eden through Imlay Road to Monaro and Hume Highways, through submissions council has made to the federal and state Freight and Port Strategies (see attached 3). For example, Imlay Road will be classified a public, rather than forest road, in June 2013 and assigned to council as a regional road for maintenance supported by state grant.

It is anticipated the proposed federal and state funding of the breakwater wharf extension, wave attenuation and boardwalk will stimulate private investment in the marina – with size, timing and staging subject to market – and tourism accommodation and facilities such as the concept approved hotel and conference facility at Cattle Bay.

The initial economic feasibility reports for the wharf and marina suggested up to 50 and 23 jobs would be generated by those developments respectively, without the benefit of elevated cruise ship visitations. The Eden Hotel Resort development Stage A suggested up to 60 jobs would be generated through the Cattle Bay hotel and conference centre. In combination, it is anticipated over 200 jobs will be created and sustained.

In combination with the RDAF 3 application for SCMDC, it is anticipated state revenues will improve due to visitation from current medium cruise ships (200 crew, 800 passengers @ 6 vessels per annum), to large cruise ships (900 crew, 2000 passengers @ 50 vessels per annum); stimulate a low demand scenario for offshore project vessels (4 per annum) and supply vessels (12 per annum) in coming years; and initial take up of yachts (100 per annum) moored at the proposed marina.  The projected private revenues would include cargo charges, berthage, port services, cartage, haulage, freight, engineering, security, hardware, provision of accommodation and transport services, retail sales to passengers, passengers tours in and around the region, provisioning and fuel sales. 

The Treasurer and Minister have been asked to significantly discount cruise ship berthing fees, recognising the elevated port fees gained by increased visitations.

The flow-on effect of the increase in cruise ship visitation will have a positive impact on the visitation figures at the Sapphire Coast Marine Discovery Centre as well as tourism businesses located within the Wharf Building.  Improved provisions for research vessels and the installation of the flow-through saltwater system will build on the use of the marine laboratory facilities within the Wharf Building for universities and research organisations.  This increased use will leverage more funding from research grants and this in turn will leverage further revenue locally from boat hire, local contractors and guides.

The economic feasibility updated as a result of the proposed attenuation, marina and cruise ship visitations, signalling the direct and indirect jobs, and injecting of expenditure into the economy, was not available at the time of this report. The initial feasibilities identified positive cost benefits (see attached 4).

Independent wave modelling of sea and swell, following relocation of the proposed POEM attenuator to accommodate the Port navigation channel yielded 180 all weather berths between the snug cove and cattle bay marina precincts. A single attenuator across the Port, yielded up to 270 berths (see attached preliminary layout (2). That layout may alter to accommodate a marina developer/operator.

The marina feasibility prepared by IMC for example, indicated positive cashflow from Year 3 for a two-staged marina development of ~200 berths, on the basis the floating walkway and hardstand was publicly funded. Notwithstanding the State supporting the public funding of the attenuator, the private funding of the walkway and hardstand is estimated to produce positive cashflow from Year 5, based on presumed occupancies.

The Project Management Plan proposes certain portions of the consultant, contract, material and employment (including indigenous) generated by the public infrastructure plans and construction, to be sourced locally and regionally.

Legal

A negotiated position has been established to enable council to lodge the RDAF application seeking federal funding to construct and maintain state infrastructure on state land. While the Port infrastructure is owned by NSW government, Bega Valley Shire Council may be assigned as Trustee with the care and control of crown reserve R180072 and R750205 (see attached 5) upon which the proposed Wharf, Attenuator, Boardwalk and Marina infrastructure sits and licenced to construct the project on behalf of state government. Council is Trustee for many crown reserves and is responsible for the maintenance and upgrade of infrastructure on those reserves. Some annual (caravan park) funding from Lands may be available to assist.

It is proposed Council commit to the funding agreement and coordinate the design, approvals, tenders and project management. NSW government is expected to manage the project and maintain the infrastructure.

Should council be successful as the applicant for RDAF 4 funds, it will be required to enter a contract with the federal government in 6 months, confirming the necessary detailed designs, approvals, tendering, contracting, construction and commissioning of the public infrastructure (ie breakwater wharf platform extension and wave attenuator) will be completed by 31 December 2016.

 

 

Environmental

The port infrastructure (wharf and attenuator) are understood to be assessed under the Infrastructure SEPP as Part 5 of the NSW Environment Planning and Assessment Act. Developments attached to land, such as the marina and tourism facilities, whether freehold or leasehold, are understood to be assessed under as Part 4 of the Act – the latter requiring an EIS, usually at substantial time and financial cost.

While wave modelling and studies have been undertaken in the context of wind and swell waves, hydraulic, bathymetric and other matters require consideration in relation to marina development. An REF is expected for the port infrastructure, subject to requirements of the Director General, and may have similar information requests as an EIS.

The community and other stakeholders are consulted in both processes.

Asset

Council is proposed to contribute to renewed road pavement along Imlay Street and alignment/grade works at the Whale Museum intersection, to enable safe coach/semi-trailer movement, estimated at $2m. As reserve trust manager, it is expected council will contribute to the construction and maintenance of the proposed boardwalk, estimated at $500k. The asset management plan and long term financial plan will be updated to reflect those commitments, subject to the successful grant works.

Strategic

The revised Eden Port Masterplan will be separately reported for exhibition, with adopted elements expected to modify the new LEP and DCP where required.

The Eden Port infrastructure development has been recognised as regionally significant (as an employment and economic driver) in the:

·    NSW South Coast Regional Strategy (2006)

·    Tourism Australia Coastal Wilderness Masterplan (2011)

·    Sapphire Coast Tourism Business Plan (2010)

·    South Coast RDA Strategic Plan (2011)

·    South East Regional Action Plan (2012)

·    Community Strategic Plan 2030 (2010)

The cruise program has been subject to a number of studies and strategies by NSW Tourism.

 

The RDAF 4 project has included, or drawn on, elements from the following:

1.   Port of Eden and Environs masterplan (UDAS) 2005

2.   Cattle Bay concept plan approval (DIPNR) 2008

3.   Breakwater wharf extension concept design (Aurecon) 2009

4.   Wave attenuator concept design (Aurecon) 2009

5.   Economic Feasibility Report (GHD) 2009

6.   Eden, Snug Cove Transport Development Study (GHD) 2009

7.   Economic Justification for the Snug Cove Breakwater Wharf Extension - Business case (GHD) 2010

8.   SCMDC masterplan (Convergence Design) 2011

9.   Eden Harbour Wave Modelling Study (Cardno) 2011

10. Port of Eden Wave Protection and Marina Feasibility (IMC) 2012

11. Review of Wave Attenuation and Marina (Poem and Cattle Bay attenuators) and single attenuator; Boardwalk layout and estimate (GHD) 2013

12. Revised Wave Climate Modelling: 1-50 ARI ‘Marina standard’ (GHD) 2013

13. Eden Port masterplan update - draft (GHD) 2013

14. Revised Wharf Platform and Attenuator estimate (Aurecon) 2013

15. Updated Economic Feasibility  report (GHD) 2013

16. Project Management and Risk Plan (GHD) 2013

Consultation

Independently, the Eden community was represented by a reference panel for the Masterplan review, and a stakeholder group for the RDAF 4 application -  with some cross representation.

Following representations, a project control group was established by the Deputy Premier Stoner, comprising state agency stakeholders, to consider the funding propositions put forward by POEM (wave attenuator, floating walkway, marina hardstand to support marina investor/operator); Eden Hotel Resorts (wave attenuator to support private marina, the subject of independent development application); and Council (wharf extension, wave attenuation, supporting marina infrastructure and boardwalk).

The Deputy Premier has advised through the PCG, that the NSW government supports public funding (both financially, and with project and asset management) the breakwater wharf extension, wave attenuation and boardwalk across the port, leaving marina infrastructure (floating walkways, marina hardstand – car parking, amenities, administration, fuelling) and berthing to the investment of the private sector.

That position was supported in a recent meeting with NSW Treasurer Baird and local member Constance.

Substantial letters of support have been collated with the efforts of POEM and Council, including the record of support from community meetings.

Financial

The RDAF 4 Eden Port Infrastructure Project proposes the following estimates and funding sources, subject to detailed design and tender:

 

Federal

State

Local

Private

Wharf, Attenuator, Boardwalk

$15m

$6m

 

 

Road

 

 

$2m

 

Marina

 

 

 

$10m

 

At the time of writing the report, revised infrastructure estimates were not to hand. Initial estimates had the wharf extension at $12m, the combined snug cove and cattle bay panel wave attenuators at $7.8m and boardwalk at $0.5m, with design, EIS, approvals and project management at $1.5-2m, supported by in-house state agency resources.

Beyond the $100k initially secured from NSW Lands in 2009, and subsequent matching grants of $30k and $60k from NSW Trade and Investment and federal Department of Infrastructure for the masterplan and business case, approaches have been made to NSW T&I for a further $100k to assist with the cost of designs, studies and reports council has commissioned. Those costs in 2012/13 have been in the order of $180k.

As applicant, even though council is not the owner or operator of the assets, council would be required to commit that any cost overruns, as well as the maintenance of the asset, would be met. The letter of support from NSW regional development and Lands provides the latter, but during the three year project, there may be instances where further negotiated funding or offsets through council and government may be required.

Council assigns $115k each year to economic development and tourism infrastructure, via a special rate variation. While that source has been utilised as council’s contribution to the studies and reports to date, it is planned to be utilised in part for tourism signage and staff employment in 2012/2014. If necessary, it is suggested some of the funds from 2015 may be considered by council to allocate to the Eden Port Infrastructure project, such as boardwalk, subject to separate resolutions. Maintenance may be sourced from the NSW Land (caravan park) allocation.

 

 

Funding source

 

Amount

2012/2013 Economic Development (studies to date)

$

180,000

2013/2016 Tourism Infrastructure (mtce)

$

100,000

 

It is estimated the funding would be utilised in the following manner:

 

2013/14

2014/15

2015/16

2016/17

Federal ($15m)

 

 

 

State ($6m)

 

 

 

Local ($2m)

 

 

 

Private ($10m)

 

 

 

 

Resources (including staff)

While significant resource effort has been provided by Council staff to date, with the assistance of Eden interest groups mentioned in this report, subject to state government taking full control of the project once underway, there is likely to be substantial continuing management support effort from council during the life of the project, in addition to that required for the road improvement works.

The attached (6) project management plan outlines steps and timeframes.

Operational Plan

If the grant is successful, the Delivery Plan and LTFP will be modified to recognise the value of the project and grants, together with council’s commitment to roadworks. The proposed Eden CBD public domain works may also be considered to be brought forward.

Conclusion

Council has applied to JobsFund and Infrastructure Australia in recent years for capital funding for Eden Port infrastructure, expending almost $400k in studies and lobbying in the process, with half those costs supported by government subsidy to date.

The RDAF 4 application presents as the best fit for the project, outside election commitments. The project has received endorsement from the Deputy Premier PCG, a significant point of progress.

 

ATTACHMENTS

1View. Attachment 1

2View. Attachment 2

3View. Attachment 3

4View. Attachment 4

5View. Attachment 5

6View. Attachment 6 Eden Port Stage 1 Program

 

Recommendation

1.      That the report on Eden Port Infrastructure Project be noted.

2.      That Council lodge the RDAF4 application for public funding of breakwater wharf extensions, wave attenuator and boardwalk, noting the support of the NSW government to provide financial, project and asset management assistance.

3.      That Council note the expenditure on studies, report and plans in preparation of the RDAF application, and assign the tourism infrastructure vote and crown lands vote to supporting funds and maintenance of infrastructure should the application be successful.

4.      That Eden community groups and stakeholders be thanked for their assistance in preparing the RDAF submission.

 


Council

10 April 2013

Item 10.1 - Attachment 1

Attachment 1

 

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Council

10 April 2013

Item 10.1 - Attachment 2

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Council

10 April 2013

Item 10.1 - Attachment 3

Attachment 3

 

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10 April 2013

Item 10.1 - Attachment 4

Attachment 4

 

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10 April 2013

Item 10.1 - Attachment 5

Attachment 5

 

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Council

10 April 2013

Item 10.1 - Attachment 6

Attachment 6 Eden Port Stage 1 Program

 

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Council 10 April 2013                                                                                        Item 10.2

 

10.2.       Sapphire Aquatic Centre     

 

Presenting a report on options to progress to the orderly transition of management of Sapphire Aquatic Centre from Sapphire Aquatic Limited to Council.

 

General Manager  

 

Background

Council has considered many reports, briefings and presentations on the development and operations of Sapphire Aquatic Centre (SAC) Pambula, and associated management and financial issues with Sapphire Aquatic Limited (SAL), the most recent being Council meeting on 20 March 2013 at which it was resolved:

1.       That Council note the written advice from Sapphire Aquatic Limited (SAL) stating that they will shortly be unable to meet their financial obligations.

2.       Council delegate authority to the General Manager to proceed with the orderly withdrawal of Sapphire Aquatic Limited from the current Facility Management Agreement as at the 30 June 2013.

3.       That Expressions of Interest be called for new Facility Management Agreement.

4.       That Council determined what arrangements to implement in the interim, until a new Facility Management Agreement can be tendered.

5.       That Council receive a report on all swimming pools within the Shire.

Previously, Council resolved to honour prepayments (learn to swim and annual membership).

While Council has maintained an observer status at SAL Board meetings since the initial additional injection of funds in 2011, the Directors have remained concerned with personal liability should the company trade insolvent – a trigger point of withdrawal from the Facility Management Agreement (FMA) scheduled to expire in October 2013.

Council and SAL entered the facility management agreement for three years from October 2010. Council initially paid SAL $80k per annum for management rights and all outgoings, now increased to $150k, in addition to council meeting annual payment of $13,300 for an interest free loan of $133k payable over 10 years. As reported to the last council meeting, a further request around $120k was sought, particularly to cover the yet to be billed electricity account.

SAL are also the recipients of a $90k grant for squash courts to be constructed on council managed property adjacent to SAC, and consider it inappropriate to wind up the company while that grant contract obligation is in play. Efforts to transfer the grant contract to council have been unsuccessful. SAL wish to remain as a company until that court project is commissioned.

ISSUES

A meeting was held with the Chair of SAL on 28 March, at which a number of transition and management scenarios were discussed, in light of the matters raised above. It was noted significant energy accounts were imminent, and likely to fall onto council to pay ($100k). It was noted 20 solar panels are yet to be installed.

It was agreed further information would be sought between the parties, with Council accessing the audit and legal advice outlined below:

·    SAC independent financial audit (council)

·    asset audit and asset management options (council)

·    pool statistics (type, day, hour) of users (SAL)

·    term and rights of current subleases and subcontractors (SAL)

Legal

Legal advice has been sought from Maddocks on process and exposures on the following options discussed at that meeting:

·    SAL enter voluntary administration, but retaining permanent and casual employees until 30 June, with council weekly direct liaison with pool manager for operational decisions

·    Council assume direct management, and employing staff and tenancies under temporary contract until council resolves next management model (eg lease, contract or staff) at June 2013

·    Council becomes veto voting members of SAL Board (currently are observers only)

That advice should be available at the meeting.

Asset

While Council had commissioned an asset audit, identifying some assets in need of maintenance or renewal (for insertion into a new AMP), it is considered a review of all pool operations in the shire, as some pool contracts soon expire, is appropriate. That may lead to opportunities to integrate/manage pools differently (eg spread of days, hours and provide alternate access to pools).

Social / Cultural

Coming into the winter months, patronage at SAC is expected to improve. Learn to swim has been the mainstay of SAC revenues. Alternate annual, monthly, casual and school memberships may be considered.

It is appropriate the community be kept abreast of the transition process.

Financial

It would appear, subject to legal advice provided to councillors at the meeting, that council will pay the electricity account to avoid the SAL directors becoming personally liable. Some trimming of costs may be available by direct operational involvement of Council during the transition and beyond, pending council decision on future operations of all pools. Hours of operation, staffing, maintenance and patronage options may be explored.

Until the investigations and interventions proposed in the report occurs, savings and offsets are not able to be identified. In the meantime, an allocation from working capital is proposed.

 

Funding source

 

Amount

Working capital

$

100,000

 

Resources (including staff)

To enable the operational interventions, a staff member with delegated authority to make financial and staffing decisions will be deployed.

Operational Plan

The 2013/14 Operational Plan will need to be amended to reflect the operational, asset and financial model decisions Council will make in June, following workshops on pool management, and information is to hand on asset and audit situation.

Subject to that decision, it is proposed documentation be prepared to go to the market for a new three year facility management agreement.

 

 

ATTACHMENTS

Nil

 

Recommendation

1.      That Council note the report and legal advice on Sapphire Aquatic Centre management transition.

2.      That a senior staff member be deployed and be delegated authority to determine financial, staffing and other operational matters for the Sapphire Aquatic Centre until either a new operational model is determined by Council, or tenders have been determined for its management.

3.      That Council underwrite nett costs of operation until either a new operational model is determined by Council, or tenders have been determined for its management.

  

 


Council                                                                                                              10 April 2013

 

 

staff reports – infrastructure Waste and Water (Accessibility)

 

10 April 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.  

11.1         Waste Disposal Vouchers.......................................................... 62

11.2         Beach Control 2012/2013........................................................... 67

11.3         Tender 5/13 and 6/13 Littleton Gardens Stage 1B Works............. 71

11.4         Tender 60/12 Supply and Installation of Synthetic Grass Tennis Court Surfacing......................................................................... 78

11.5         Water Supply and Sewerage Development Servicing Plans.......... 80


Council 10 April 2013                                                                                        Item 11.1

 

11.1.       Waste Disposal Vouchers     

 

The purpose of this report is to provide the relevant details of the proposed policy statement to introduce a system of providing free tipping vouchers.

 

Group Manager Infrastructure, Waste & Water  

 

Background

On 21 November 2012, Council resolved to introduce a system of “free” tipping vouchers, pending a review of Council’s current Waste Management Strategy.

ISSUES

Legal

The Local Government Act 1993 outlines how Council can finance various services. Provision of a “free” tipping voucher is essentially a waiver of a user pays charge made under section 501 of the Act. “Free” tipping vouchers fail to meet the definition of a Domestic Waste Management (DWM) service provided in the Act, with the implication that the cost of the fee waiver cannot be subsidised from DWM revenue and therefore will be subsidised from the operating revenue of the waste facilities.

Policy

The stated objective of the waste services policy is to minimise potential impacts from past, future and current waste generation by effectively managing landfill sites and the collection and disposal of waste.

The impact on waste management revenue and Council’s consequent ability to effectively fund past, present and future waste liabilities will be impacted by this change as discussed below in Financial.

Environmental

The environmental benefit of the fee waiver is that it should go some way to reducing excuses for illegal dumping. Council participates in a south coast wide RID program, under the auspices of Southern Councils Group.

Sustainability

There is no significant sustainability issue associated with the fee waiver, provided Council is able to continue to satisfactorily fund the objectives of the waste services policy.

Asset

The fee waiver may slightly increase the amount of waste going to landfill in the short term, with minor implications in terms of landfill airspace consumption.

Social / Cultural

A fee waiver has some negative consequences in terms of reinforcing to the community the costs of managing waste. Many in the community believe that waste fees are a simple revenue raising exercise and by waiving such fees Council may unintentionally increase that perception. This negative perception should be far outweighed by the financial benefit that ratepayer’s receive from the fee waiver.

Economic

There are no significant economic impacts however some opportunity may arise for small enterprise engaged in waste removal services.

Strategic

There is an emphasis on a user pays approach to waste disposal enunciated in the 2020 Vision. Whilst user (or polluter) pays is the correct approach to pollution issues generally, some relief from fees may improve waste facility users’ mindset, which may in turn provide an opportunity to better educate and inform the general public in relation to waste management issues.

The 2020 Vision is planned to undergo a review during 2013, which will provide an opportunity to assess progress made to date and the future direction of waste services.

Consultation

There is no statutory requirement to consult the public on this matter and it is unlikely that provision of “free” tipping vouchers will attract significant criticism from the community. It is proposed that the matter be publicised via media release in June 2013.

Financial

The costs of a “free” tipping voucher program are significant and will accrue from loss of gate income raised at Council’s waste facilities and to a lesser extent costs relating to printing, mailout and ongoing administrative costs. The program is not expected to generate significant additional waste quantities and therefore labour, plant and other depot operating costs would not be affected.

The reduction in gate income is estimated at approximately $300,000 per annum, assuming the actual volume received per load averages 0.75m3 and the take up rate is approximately 50% of rateable assessments. This equates to a reduction in total gate income of approximately 20%. The reduction in income and its operational effect will be monitored closely.

The “free” tipping vouchers will reduce the amount of cash being handled at Council’s waste facilities with some risk management benefits.

Funding source

 

Amount

Gate Income 1580.0114

$

300,000

 

Resources (including staff)

The program is unlikely to impact significantly on site labour and plant. Administrative impacts will include complaints about vouchers lost or not received and reissuing vouchers where appropriate.

Conclusion

In accordance with Council’s resolution of 21 November 2012, a free waste disposal voucher will be provided with each rates notice, in accordance with the attached draft policy statement/procedure.

 

ATTACHMENTS

1View. Draft Waste Disposal Voucher Procedure

 

Recommendation

1.      That Council endorse the draft Policy Statement/Procedure.

2.      That Council re-assess the issuing of waste disposal vouchers in conjunction with the future review of the Waste Management Strategy.

3.      That the procedure is made available to the public via Council’s policies and procedures page on the BVSC website.

 


Council

10 April 2013

Item 11.1 - Attachment 1

Draft Waste Disposal Voucher Procedure

4.            

 

Procedure

Waste Disposal Vouchers

Department

Infrastructure, Waste and Water

Responsible Officer

Waste Services Manager

Version

1

Adopted

    

Next revision

    

 

Introduction

Council at its meeting on 21 November 2012 resolved to provide a waste disposal voucher for use at Council's waste and recycling facilities.

Each voucher entitles the property owner to dispose of one (1) cubic metre of general waste at no charge, subject to restrictions on some particular waste types. Vouchers are not transferrable and are not redeemable for cash. Vouchers expire 12 months from the date of issue.

Objectives

Waste disposal vouchers are provided to all rateable properties, to assist with the cost of disposing of larger bulky household items, for which kerbside collection services are not available.

It is anticipated that provision of waste disposal vouchers will assist in reducing numbers of illegal dumping incidents, by providing an incentive for people to take their excess household waste to a Council waste and recycling facility.

A further benefit of the vouchers is that it reduces the amount of cash handling required at the sites.

Issuing of Vouchers

Vouchers are printed and issued together to each rateable assessment with the first quarter rates notices on an annual basis.

 

Vouchers are unique and identifiable by assessment number and/or imprinted with property information via a barcode or similar.

 

Vouchers are imprinted with a watermark or similar to prevent copying/fraud.

What Does a Voucher Allow?

Each voucher allows free tipping of either:

·   Up to one (1) cubic metre of general waste (to landfill) and does not include asbestos or other wastes not permitted to be disposed of in the landfill (e.g. liquids, chemicals, tyres etc.)

 

OR

 

·   Up to two (2) cubic metres of garden waste (for recycling only and not available at Bemboka, Candelo or Cobargo facilities)

 

OR

 

·   Up to two (2) innerspring mattresses (for recycling)

 

OR

 

·   A combination of the above provided the waste is separated and the dollar value of the load does not exceed the equivalent of one (1) cubic metre of general (mixed) waste, as per Council’s adopted fees and charges, subject to the following Clause “Use of Vouchers for Part Loads”.

Use of Vouchers for Part Loads

Vouchers may be used for partial payment for loads of a dollar value greater than the equivalent of one (1) cubic metre of general (mixed) waste as per Council’s adopted fees and charges provided:

The other part of the payment must be met, at the time of disposal, by cash, cheque or EFT (where available); and

The waste is household waste and is not delivered in a load exceeding two (2) cubic metres.

Use of Multiple Vouchers

Only one (1) voucher may be used for any single load.

Multiple Loads

Multiple loads will not be accepted with a single voucher.

Credit and Financial Matters

No credit is provided for loads presented which do not take full advantage of the dollar value of the voucher.

Vouchers are not transferrable and are not redeemable for cash. Vouchers expire 12 months from the date of issue.

Record Keeping

Vouchers are retained by the attendant at the waste facility at the time of use. Use of Vouchers is recorded in Councils records management system.

Missing Vouchers

Missing vouchers (lost, discarded, etc.) will not be replaced. Vouchers which are returned in the mail to Council, due to non-delivery of rates notices may be replaced at the request of the ratepayer, subject to Council confirming non-delivery.

Replacement of a voucher due to non-delivery of rates notice is contingent on Council receiving updated address details on the applicable form.


Council 10 April 2013                                                                                        Item 11.2

 

11.2.       Beach Control 2012/2013     

 

Report on the 2012/2013 season report for patrolled beaches within the Bega Valley Shire.

 

Group Manager Infrastructure, Waste & Water  

 

Background

Council provides a beach control and lifeguard service at seven beaches, which in recent years has been provided by contract, awarded to Surf Life Saving NSW Pty Ltd, trading as Australian Lifeguard Services (ALS). Council’s current three year contract will end in 2012/2013. Council is responsible for the provision and maintenance of equipment such as boards, flags, etc at the four beaches that do not have surf clubs.

ALS was contracted to provide beach patrol and lifeguard services during the summer period at the following beaches:

Camel Rock                               26th December 2012 – 29th January 2013

Horseshoe Bay (Bermagui)       26th December 2012 – 29th January 2013

Tathra Beach                             26th December 2012 – 29th January 2013

Short Point Beach                      26th December 2012 – 29th January 2013

Bar Beach                                  26th December 2012 – 29th January 2013

Merimbula Beach                       26th December 2012 – 29th January 2013

Pambula Beach                         26th December 2012 – 29th January 2013

Aslings Beach (Eden)                26th December 2012 – 29th January 2013

The service is complemented by Surf Lifesaving volunteers who patrol Horseshoe Bay (Bermagui), Tathra and Pambula Beaches on Saturday, Sunday and Public Holidays during the same period.

Service Report - Season 2012/13

During the contracted service period 2012/13, the report indicated Lifeguards performed 178 rescues and 10,652 preventative actions. This was a slight decrease on season 2011/12 rescues and preventative actions.  It is suggested that this was due to more favourable surf conditions over the period.

Lifeguards responded to 672 First Aid incidents, which was higher than previous seasons due to an increase in the number of marine stingers caused by the wind and weather patterns.

Included in the table below is the total attendance.  This is also marginally lower than previous.

Beach

Preventative

Actions

Rescues

First Aid

Law

Enforcement

Public

Relations

Attendance

Camel Rock

1,871

27

58

Not recorded

Not recorded

12,184

Horseshoe Bay

641

3

135

Not recorded

Not recorded

23,483

Tathra Beach

861

29

152

Not recorded

Not recorded

27,617

Short Point Beach

873

23

47

Not recorded

Not recorded

10,283

Bar Beach

3,047

76

86

Not recorded

Not recorded

40,984

Main Beach Merimbula

1,157

8

109

Not recorded

Not recorded

49,999

Pambula Beach

1,497

4

39

Not recorded

Not recorded

21,433

Aslings Beach

705

8

46

Not recorded

Not recorded

8,154

TOTAL 12/13

10,652

178

672

Not recorded

Not recorded

194,137

TOTAL 11/12

13,907

194

434

105

11,679

194,281

TOTAL 10/11

10,908

126

903

131

17,989

212,714

 

Rescues are defined as Lifeguards rendering assistance to swimmers who find themselves in difficult situations from which they are unable to remove themselves.

Preventative action undertaken by Lifeguards includes advising the beach users they are undertaking risky behaviours. This can be swimming in a dangerous or isolated location or swimming outside the Red & Yellow flags or providing other safety and educational advice.

First Aid is the initial care of a suddenly sick or injured person and is the prompt care and attention prior to the arrival of an ambulance. In the Beach Lifeguard context, these generally take place out of the ocean and are classified as responsive tasks.

Attendance is the Lifeguards estimate (a cumulative figure over the course of the day during patrol hours) of beach attendances as recorded in daily logs.

Major Incident

On the 27 December 2012 at Pambula Beach, the Lifeguards treated a 35 year old male for a laceration to the face, after he lost control of his surf board.  The laceration was cleaned and dressed and he was advised to seek further medical treatment.

On 18 January 2013 at Aslings Beach, a 16 year old male was treated for a dislocated shoulder after he was dumped by a wave while body surfing. His shoulder was immobilised and he was advised to seek medical attention.

ISSUES

As part of ALS annual report the following actions were forwarded to Council for consideration:

·    Currently, Automated External Defibrillators (AEDs) are supplied by the ALS at Horseshoe Bay (Bermagui), Tathra and Pambula beaches through agreements between the ALS and Surf Life Saving Clubs on those beaches.  As they are not part of the existing Contract requirements, the ALS urges Bega Valley Shire Council to review the contractual equipment requirements in order to place AEDs at all patrolled service locations.

·    In both December and January additional days not gazetted as school holidays, but as teacher development day, means school students are virtually on holidays for an extended period. ALS recommends that Bega Valley Shire Council include teacher development days, either side of gazetted school holidays, be included in the future service contracts.

Financial

Council’s annual budget for this service is approximately $180,000.  Funding for the extension of service to include more days in the Christmas school holidays and additional equipment is not available at this stage, but will be considered in future contracts. The contract had been extended to include Bar Beach.

Conclusion

The control and provision of beach lifeguard services is an important part of Council’s services during the peak summer tourist season.  The report into the activities of ALS for 2012/2013 season show the significant number of people which take advantage of the service, suggesting the operation is of continued value to the community.  Given the significance of the service, is it suggested that Council prepare and advertise tenders for lifeguard services for a three year period commencing in 2013/2014.

 

ATTACHMENTS

Nil

 

Recommendation

1.      That Council note the 2012/2013 beach control service report.

2.      That Council invite tenders for lifeguard services for a three year period commencing in the 2013/2014 summer season.

 


Council 10 April 2013                                                                                        Item 11.3

 

11.3.       Tender 5/13 and 6/13 Littleton Gardens Stage 1B Works     

 

This report details the outcome of the evaluation of tenders for 5/13 Littleton Gardens Stage 1B Civil Works and 6/13 Littleton Gardens Stage 1B Electrical Works and recommends the preferred tenderer for each Contract. 

 

Group Manager Infrastructure, Waste & Water   

 

Background

Council determined on 28 February 2012 and reconfirmed with amendment on 10 April 2012 that the Littleton Gardens Master Plan shall be constructed in stages, with Stage 1 to be constructed during the 2012/13 financial year.

The approved Master Plan has been detailed and documented by Tasman Engineers and GHD, to optimise the use of existing in-ground services. Stage 1B incorporates reticulation for later stages of the Littleton Gardens Master Plan, to ensure that the new Stage 1 works will not have to be disturbed during later construction.

Public tenders were invited in February 2013 and the documents were requested by numerous contractors, mostly from within the Bega Valley Shire. Subsequently, three tender submissions for the Civil Works and three for the Electrical Works had been received by the close of tender period on 6 March 2013.

ISSUES

Environmental

A Review of Environmental Factors was prepared and issued in November 2012 for Littleton Gardens, addressing statutory requirements, risks and environmental factors.

In addition, the design of Littleton Gardens has involved a detailed assessment of stormwater drainage, to meet the requirements of BVSC design specifications.

Asset

The Littleton Gardens area is made up of appropriately zoned BVSC owned or managed land.

Options to acquire the Gipps Street carpark from NSW Lands in accord with resolutions from 2011/12 have been pursued. Councillors would recall NSW Lands under the previous administration would not entertain sale or joint development of the site, insisting the parcel be rezoned in the CLEP to Business use.

Subsequent discussions with Lands have confirmed sale is not an option, but have agreed to instruct NSW Planning the site be zoned back to its original classification in the CLEP, enabling the continued use as public carparking and recreation.

Strategic

Stage 1 is currently in progress with the 800m2 works for Stage 1A (partially funded from the Federal Government RLCIP funding) was carried out and completed between 8 May 2012 and 23 July 2012 to meet the RLCIP timeframe requirements. The public toilet adjacent to the bus stop on Gipps Street is currently programmed for construction onsite during April and May 2013. The modular “Moodie” toilet tender was accepted following the resolution of Council on 31 October 2013.  This toilet is to be re-sited following consultation and design of an alternate facility as per Council resolution of the 12 December 2012.

That a public toilet facility be designed up to the budget of $250,000, in accord with the themes proposed in the Littleton Square Masterplan and in consultation with the Bega Chamber of Commerce

To complete Stage 1, a further 2500m2 of the Littleton Gardens area is to be upgraded, including hard and soft landscaping, pavements, street furniture, in ground services and lighting.

After assessing the works planned in Stage 1B, it was determined that the most effective, economic and efficient way of executing the works would be in two separate but coordinated Contracts. On this basis two separate tenders were invited with clearly identified scopes for civil works and electrical works.

The publicly advertised tenders for Stage 1B closed on 6 March 2013. Three tenders were received for the civil works package and three for the electrical works package.

Lump sum Tenders for 5/13 Stage 1B Civil Works were received from:

·    Guideline South Coast Pty Ltd

·    Grant Dowdle Building Pty Ltd

·    R D Miller Pty Ltd

All three Contractors have satisfactorily carried out works under Contract for BVSC previously and have proven capabilities to meet BVSC requirements.

The scope of works for the civil package includes demolition, removal, retention, storage and reinstatement of memorials and other features, excavation and backfill, stormwater upgrade, concrete works, road and pedestrian pavements, in ground services reticulation, hard and soft landscaping, installation of street furniture, irrigation system, coordination with electrical and other specialist suppliers and contractors, supervision and management of the construction site.

Lump sum Tenders for 6/13 Stage 1B Electrical Works were received from:

·    Stowe Australia Pty Ltd

·    Core Electrical & Communications Pty Ltd

·    Shane Black Energy Services

All three Contractors have either successfully carried out works under Contract for BVSC previously, or are well known to BVSC. All three have proven capabilities to meet BVSC requirements.

The scope of works for the electrical package includes demolition and dismantling of existing unusable and redundant electrical installations, reticulation, supply and installation of ‘public’ power and lighting, main park switchboard, power boxes and accessories, sub-mains cabling, underground conduits and cabling, trenching for electrical, BVSC (‘private’) power and lighting in the park, in ground up-lights, lighting controls, junction boxes and pits, coordination with civil and other specialist suppliers and contractors, supervision and management of the electrical works.

Consultation

Extensive community consultation was carried out during the preparation of the Littleton Gardens Master Plan and continues as the detailed design and staging is rolled out. Separate consultations have been undertaken with the Bega Chamber of Commerce, who continue to raise concerns, primarily regarding Stage 2 and beyond and the perceived loss of car parking. Council has resolved not to proceed beyond Stage 1, until the Bega Parking and Traffic Study is completed and considered further by Council. Traffic and carparking counts have been conducted, enabling modelling to be undertaken in advance of the draft traffic study report expected by July 2013.

Financial

Funding allocation for this project is provided in the Property Development Reserve from the sale of land associated with the Sapphire Market Place development. Note that the RLCIP funding is not being used for Stage 1B or for the toilet construction.

The LTFP provides funding for future stage.

Stage 1 Funding

Budget provision was set at $1,050,000 at the Council Meeting of 6 September 2011.

Stage 1 Expenditure to April 2013

Stage 1

Scope

Amount ($)

Stage 1A

Demolition, 800m2 hard and soft landscape, irrigation and in-ground services work

138,765

Toilet

Toilet supply and install

182,600

Stage 1B

Civil and Electrical

2500m2 hard and soft landscaping, road and pedestrian pavements, concrete works, water and drainage, in-ground services, lighting and power

400,172

232,315

TOTAL

953,852

Resources (including staff)

To date, significant staff resources have been expended on consultation and document preparation. This will continue as the BVSC Project Manager will manage the Littleton Garden works.

Conclusion

The Littleton Gardens Stage 1B works are the next step, as planned in the approved Master Plan. The tenders should be awarded, so that the work can proceed as programmed.

For Tender 5/13 Civil Works, the recommended tenderer is the lowest priced and also has the lowest scheduled rates, as well as scoring highest in the qualitative comparison.

For Tender 6/13 Electrical Works, the recommended tenderer is the lowest priced and also has the lowest scheduled rates, as well as scoring highest in the qualitative comparison.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding Tender 5/13 Littleton Gardens Stage 1B CIVIL Works (Councillor Only) (Confidential)

2.         Confidential memorandum to Councillors regarding Tender 6/13 Littleton Gardens Stage 1B ELECTRICAL Works (Councillor Only) (Confidential)

3View. Littleton Gardens Landscaping Plan

4View. Littleton Gardens Staging Plan

 

Recommendation

1.      The two tender packages be awarded simultaneously to enable the works to be carried out concurrently as planned.

2.      That Council accept the tender from (insert) in relation to contract for the works described in Tender 5/13 Littleton Gardens Stage 1B Civil Works, in the amount of $(insert) (excluding GST), subject to variations and provisional sums.

3.      That Council accept the tender from (insert) in relation to contract for the works described in Tender 6/13 Littleton Gardens Stage 1B Electrical Works, in the amount of $(insert) (excluding GST), subject to variations and provisional sums.

4.      That authority be delegated to the General Manager to execute all necessary documentation.

5.      That unsuccessful tenderers be advised of Council’s decision.

 


Council

10 April 2013

Item 11.3 - Attachment 3

Littleton Gardens Landscaping Plan

 


Council

10 April 2013

Item 11.3 - Attachment 4

Littleton Gardens Staging Plan

 


Council 10 April 2013                                                                                        Item 11.4

 

11.4.       Tender 60/12 Supply and Installation of Synthetic Grass Tennis Court Surfacing     

 

This report details the outcome of the evaluation for Tender 60/12 for the supply and installation of synthetic grass tennis court surfacing at Cobargo, Candelo, Pambula and Wyndham.

 

Group Manager Infrastructure, Waste & Water   

 

Background

The General Sportsground and Recreation Committee (GSRC) granted funding through the Sportsground and Recreational Facilities Improvement Fund, to renew and upgrade tennis court facilities at Cobargo, Candelo, Pambula and Wyndham. These works have been packaged together to gain efficiencies. A tender was advertised in the Sydney Morning Herald and local newspapers for the supply and installation of synthetic grass tennis court surfacing. This report outlines the outcome of that tender.

ISSUES

Legal

Initially quotes were requested from three appropriate suppliers. Initial quotes valued the work at around $170,000. As a result, it was necessary to formally advertise for tenders, to comply with Council’s procurement policy and allow the original quotes to submit a formal tender.

When the tender submission period closed on 27 February 2013, a total of seven tenders had been received. 

An assessment of the tenders was undertaken, which was based on:

·    80% Project value, overall cost, terms and conditions;

·    15% Project experience, completing similar projects, quality systems, QA experience; and

·    5% Project functionality, construction plans and programme.

Asset

The resurfacing works are to existing assets, in accordance with Council’s Recreation Asset Management Plan. The works are part of an overall package of works, to renew facilities at Cobargo, Candelo, Pambula and Wyndham. The surfacing renewal reduces maintenance requirements for the existing gravel courts and offers a better playing surface, which will be easier on the joints of older players. Pambula Tennis Club is located in a Crown Reserve.

Social / Cultural

The renewal works are anticipated to give the local tennis clubs a boost and generate interest with visiting players participating in local competitions.

Economic

The works are being funded by the Sportsground and Recreational Facilities Improvement Fund, which is facilitated by the Special Rate Variation funding. 

Financial

By packaging the works together, significant savings are anticipated. Some of these savings will be used to address maintenance issues, identified as part of the renewal works and the remainder will be returned to the Sportsground and Recreational Facilities Improvement Fund.  Budget funding provided for these projects is $237,000.

Conclusion

The preferred tenderer offered to undertake the supply and installation of synthetic grass tennis court surfacing, meeting Council’s specifications, be approved as it provides surface renewal in accordance with Asset Management Plans.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding Tender 60/12 Supply and Installation of Synthetic Grass Tennis Court Surfacing (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the tender from (to be inserted) in relation to contract for works described in Tender 60/12 for the supply and installation of synthetic grass tennis court surfacing, in the amount of $(to be inserted) (including GST), subject to variations and provisional sums.

2.      That authority be delegated to the General Manager to execute all necessary documentation.

3.      That other tenderers be advised of Council’s decision.

 


Council 10 April 2013                                                                                        Item 11.5

 

11.5.       Water Supply and Sewerage Development Servicing Plans     

 

This report contains details of the process undertaken in the preparation of Water Supply and Sewerage Development Servicing Plans (DSPs). The report recommends that both DSPs be placed on 30 day public exhibition, in accordance with NSW Office of Water requirements. The report also recommends that a Water Supply Developer Charge of $7,500 and a Sewerage Developer Charge of $10,500 be adopted, as the basis for public exhibition, resulting in a combined Water Supply and Sewerage Developer Charge of $18,000.

 

 

Group Manager Infrastructure, Waste & Water  

 

Background

Section 64 of the Local Government Act 1993 enables a local government council to levy developer charges for water supply, sewerage and stormwater. This power derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

Developer charges are up-front charges levied to recover part of the infrastructure costs incurred by Council in servicing new developments or additions/changes to existing developments. Developer charges serve two related functions:

·    They provide a source of funding for infrastructure required for new urban development or growth; and

·    They provide pricing signals regarding the actual cost of urban development

NSW Local Water Utilities who propose to levy Section 64 charges for water supply and/or sewerage need to prepare Development Servicing Plans (DSP’s) in accordance with NSW Office of Water Guidelines. The DSP’s detail the calculation of developer charges and are required to be fair and transparent, particularly where cross subsidy is proposed.

Council’s current DSP’s took effect on 1 July 2006 and have been indexed yearly. Council DSP’s are calculated to provide infrastructure for likely growth over the next 30 years. This growth is made up of infill development and likely new subdivision yield.

Water and Sewerage Developer Charges (also known as Headworks charges or Section 64 charges) are regulated by the NSW Office of Water through Guidelines issued in December 2002.  The Guidelines provide an approved methodology for calculating an applicable developer charge and set out the requirements for the preparation of a Development Services Plan (DSP).

Over the last six months revised DSP documents have been prepared to replace those documents adopted in 2006. The revised DSP documents have been prepared in accordance with the December 2002 Guidelines. To support the process, four Councillor Workshops have been undertaken to work through the issues and implications associated with adoption of a variety of charging scenarios.

Attached to this report are the executive summary pages applicable to both Water Supply and Sewer DSPs. The summary pages show the Developer Charges and Typical Residential Bill amounts applicable to the preferred scenarios arising out of recent workshops. A complete copy of both DSP documents will be available for review prior to the Council meeting.

ISSUES

Legal

Section 64 Contributions have a sound basis in law and are levied by Local Water Utilities in NSW. Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 applies to a council in exercising functions under this Division in the same way as it applies to a water supply authority exercising functions under the Act.

In order for revised DSP documents to be adopted by Council, a 30 working day public exhibition period must be undertaken to allow for community comment and review.

Policy

Public exhibition of Water Supply and Sewer DSP has no policy implications. Current DSP policy can be amended in future in accordance with Council adopted position.

Environmental

The public exhibition of the draft DSPs will ultimately enable capital works programs to take place resulting in benefits to the environment.

Asset

Income derived from Water Supply and Sewer DSP’s provides funds for construction of assets needed to support future population growth. 

Strategic

The Section 64 income derived from Water Supply and Sewer DSP’s is critical to achieving strategic capital works goals.

Consultation

A mandatory 30 working day public exhibition period is required as part of the process, leading up to adoption of revised Water Supply and Sewerage Development Servicing Plans.

Financial

Council water and sewer funds are not capped and this has traditionally allowed sufficient funds to be allocated towards growth infrastructure, capital renewals, maintenance, operations and administration activities.

In broad terms, the funds required to cater for water supply and sewerage scheme operation, maintenance and capital renewals are provided by the existing customer base from access and user charges. The funds required to cater for growth related capital works are derived primarily from Developer Contributions.

The total income required to sustainably manage water supply and sewerage assets in the medium to long term is derived from a combination of access charges, user charges, loans, reserves, NSW and Federal Government subsidy and importantly Section 64 contributions - all as defined in the long term financial plan. It follows that if any part of the income stream is reduced for any reason then the shortfall must be made up from other income areas, notably access and user charges in the form of a cross subsidy.

Exhibition of the draft Water Supply and Sewer DSP, inclusive of their Developer Charges provides for growth related capital works funding.

Resources (including staff)

Substantial staff and consultant resources have been devoted to this project over the past six months.

Operational Plan

Developer contributions support Operational Plan infrastructure and Level of Service goals. Exhibition of the Water Supply and Sewerage DSP will facilitate Council achieving these goals in the medium to long term.

Conclusion

Over the last six months revised draft DSP documents have been prepared to replace those documents adopted in 2006. The revised draft DSP documents have been prepared in accordance with the December 2002 Guidelines. To facilitate adoption of the Water Supply and Sewerage Development Servicing Plan documents, a 30 day public exhibition period is required in accordance with NSW Office of Water Guidelines.

 

ATTACHMENTS

1View. Draft Water Supply Development Servicing Plan Executive Summary

2View. Draft Sewerage Development Servicing Plan Executive Summary

 

Recommendation

That Council place the draft Water Supply and Sewerage Development Servicing Plan documents on public exhibition for 30 working days, in accordance with NSW Office of Water Guidelines.

 


Council

10 April 2013

Item 11.5 - Attachment 1

Draft Water Supply Development Servicing Plan Executive Summary

 

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Council

10 April 2013

Item 11.5 - Attachment 2

Draft Sewerage Development Servicing Plan Executive Summary

 

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Council                                                                                                              10 April 2013

 

staff reports – governance and strategy (leading organisation)

 

10 April 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.  

12.1         Eden Whale Festival - request for financial assistance................. 99

12.2         Southern Councils Group Annual General Meeting and Business Meeting 8 March 2013............................................................. 102


Council 10 April 2013                                                                                        Item 12.1

 

12.1.       Eden Whale Festival - request for financial assistance     

 

Council has received a request from the Eden Whale Festival to donate $18,000 towards the 2013 Eden Whale Festival.

 

General Manager  

 

Background

Council has received a request from the Eden Whale Festival Committee to provide $18,000 to support temporary infrastructure at Snug Cove during the running of the 2013 Eden Whale Festival to be held Saturday 26 October to Sunday 3 November.

The Eden Whale Festival has been recognised by NSW Tourism as a “Regional Flagship Event” and the committee has received a grant of $20,000 per year for the next three years (total $60,000) to promote and market the Eden Whale Festival outside the region.

Following a lapse in running the event in 2010, Council resolved in 2011 to donate $5,000 towards the running of the 2011 Eden Whale Festival in addition to the “in kind” assistance provided with provision of road barriers, cleaning of amenities and waste removal following the event. 

In 2012 The Eden Whale Festival Committee requested $15,000 towards the infrastructure (marquees and tent hire) and $10,000 towards the sponsorship of fireworks.

Council resolved to include a one off donation of $15,000 in the 2012/13 Budget as “seed funding” towards infrastructure for the Eden Whale Festival.  Council also provided a further $500 toward the “Trashformation” competition as well as the same level of “in kind” assistance provided in 2011.

ISSUES

Asset

Council staff have researched the possibility of Council purchasing a marquee for use by the Whale Festival Committee and other groups running festivals, in lieu of a considering a financial contribution to cover the costs of hire and set up of a marquee. 

The approximate hire cost for supply, erection, dismantling and transport of a 25 m x 25 m 4 pole marquee was $11,550 (incl GST) in 2012.

By comparison, the initial purchase cost of a suitable marquee, would be in the range of $30,000 to $45,000 depending on the size and style.  However a number of other costs would be involved in each use of such a marquee such as:

·    Transportation to and from the venue.

·    Erection and certification of the marquee which is a specialised skill and would require staff training.

·    Provision of support services such as stage and lighting.

·    Risk assessment and compliance for each venue.

·    Insurance costs.

·    Ongoing maintenance and storage of the marquee

·    Asset depreciation.

These additional expenses, along with the risk factors, indicate that the purchase of a marquee for use by festival or event organisers is something for a specialised event company and for Council.

Financial

There are no funds allocated in the 2012/13 Budget for support for the Eden Whale Festival.

The Community Support Financial Assistance budget for 2012/13 is $35,230.  Council has already resolved to spend $55,748 from this allocation, and will increase the vote at the March QBRS.

Resources (including staff)

Council will provided “in kind” assistance with provision of road barriers, cleaning of amenities and waste removal following the event, as it has done in previous years.

Conclusion

The Eden Whale Festival is a major event for the Eden community.  The festival has been recognised as a Regional Flagship Event and is a drawcard encouraging tourists to visit the Bega Valley. 

 

ATTACHMENTS

Nil

 

Recommendation

That Council determine the level of support to be provided to the 2013 Eden Whale Festival.

 


Council 10 April 2013                                                                                        Item 12.2

 

12.2.       Southern Councils Group Annual General Meeting and Business Meeting 8 March 2013     

 

The Annual General Meeting and a Business Meeting of the Southern Councils Group were held on 8 March 2013.

 

General Manager   

 

Background

The Southern Councils Group (SCG) held its Annual General Meeting and Business Meeting at Kiama on 8 March 2013. A copy of the minutes of both meetings has been circulated to Councillors separately.

Council needs to endorse the minutes of the meeting and note the re-election of Cr Gordon Bradbery (Lord Mayor Wollongong) as Chair and Cr Tony Allen (Councillor Bega Valley Shire Council) as Deputy Chair of the Southern Council’s Group.

In relation to Southern Council’s Minute Item 3.2:  Climate Change Statement of Intent, all Councils were asked to reaffirm their commitment:

That this matter be referred to member councils who have yet to advise their reaffirming of the Statement of Intent.

Bega Valley Shire Council’s resolution of 5 May 2009 was:

10.   Southern Councils Group – Climate Change Statement of Intent

RECOMMENDATION

1.      That Council endorses the Southern Councils Group’s Statement of Intent – Regional Response to Climate Change.

2.      That Council write to the Southern Councils Group Board to inform it of Council’s endorsement.

A copy of the Planning and Environment Report to Council dated 5 May 2009- “Southern Councils Group – Climate Change Statement of Intent” is attached for Councillor’s information.

 

ATTACHMENTS

1View. Southern councils group  climate change statement of intent  Planning & Environment Committee 5 May 2009

 

Recommendation

1 That Council note the resolutions of the Southern Councils Group meetings held on 8 March, 2013.

2 That Council reaffirm its support for the Statement of Intent – Regional Response to Climate Change.

 


Council

10 April 2013

Item 12.2 - Attachment 1

Southern councils group  climate change statement of intent  Planning & Environment Committee 5 May 2009

 

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Council                                                                                                              10 April 2013

 

 

Delegates Reports

 

10 April 2013

 

14.1         Australian Coastal Councils Conference – March 2013.............. 108


Council 10 April 2013                                                                                        Item 14.1

 

14.1.       Australian Coastal Councils Conference – March 2013     

 

Delegate report on the Australian Coastal Councils Conference – March 2013 attended by Cr Michael Britten

 

Councillor Britten 

 

The Australian Coastal Councils Conference was held was held at Glenelg and Victor Harbour SA.

The conference was spread over 3 days and as some 85% of Australia’s population is in coastal areas, the main thrust of the Conference was to provide examples of growth pressures placed on coastal towns, the pressure of non resident population and the affects of climate change and to move forward to work out how to deal with the impact of climate change.

The Conference resolved to lobby political parties for the next election to create a uniform policy approach to climate change in Australia and to use COAG as a means of implementing a policy and establishing management benchmarks to secure funding for remedial works to mitigate recovery costs.

The Coastal Councils group intends to work with seven other organisations including Life Saving Australia and the Sydney Coastal Councils Group in the lead-up to the next election.

As part of the Conference various speakers identified examples of pressures developing in coastal areas including South Australia, Mornington Peninsula in Victoria and in Byron Bay NSW and details of these presentations will be available in the near future.

Three Councils gave presentations of the disasters that have occurred recently in Queensland, Tasmania and Western Australia which highlighted the vulnerability and high cost of Climate Change.

We have 11,500 beaches in Australia, 36,000 kilometres of coastline, 310 Surf Clubs dealing with beach safety and 1 million visitors to coastal areas per annum.

Professor Hugo of South Australia gave details of his research into population demographics and redesigning of census surveys prior to the next Census in 2016 so as to identify absentee owners and the pressures their properties bring on coastal areas through Tourism.

Discussion occurred at various times on the methodology needed to study climate change using photography, historical data, satellite imagery and interviews with local residents and one presentation in particular  was by David Rissik of an organisation called NCCARF which has conducted $37M worth of research to date in specific areas on how to deal with Climate Change events in specific circumstances. Their information is available on their web site www.nccarf.edu.au  and they are in danger at present of having their funding terminated.

Another organisation related to methodology being part of the CSIRO relates to the Australian Coastal Eco Systems and is known as TERN and has conducted project studies on coastal areas and they have video simulation on you tube combining high tide with storm surge and they also have available satellite seagrass and habitat mapping. Their web sites are www.coastalresearch.csiro.au  and www.acef.tern.org.au.

A presentation by Alan Cowley of Mornington Shire Council related to specific in depth assessments they have carried out for different beaches on 195 kilometres of coastline and they have a 20 page report available for anyone interested to access as to the methodology they applied which involved catchment flooding verses storm surge in the western port region and required them to carry out detailed community consultation with tailor made presentations.

Dr Rob Vertessy, the Director of Meteorology in Canberra gave a definitive presentation on how our climate is changing with the increase of CO2 emissions and its effect on sea water temperature and the resulting effects on climate generally. In Australia we have 100 years of accurate information and he confirmed that between November 1997 to March 2012 Australia had extreme weather events with rain, flooding, bush fires and heat waves with the air temperature being between 6 – 10 degrees centigrade above normal in different areas. 2010 / 2011 were the wettest years ever in Australia with 241 flood warning in Queensland alone. In January 2013 70% of Australia was over 42degrees and the recent cyclone on Cape York which affected the entire east coast gave 1 meter of rain and at one stage 632 mm in two days.

He said we have a serious global warming problem with the indicators of change including humidity, ocean warming, increase in sea surface temperature, depletion of snow coverage and higher land temperatures.

Sea rise is 2.3cms per annum and whilst weather events can be expected they cannot predict where in the globe events will occur. If the world continues on its present course of CO2 increases sea temps will increase by 2% by 2040 and any increase above this temperature may be irreversible. Over the next 27 years the predictions for the southern part of Australia is far dryer climate and intense droughts with less rainfall but with more intensity in rain when events occur. A 1% increase in sea temperature gives a 7% increase in holding capacity of water in the atmosphere. Dr Vertessy’s paper will hopefully be available shortly and he emphasised the need to diversify sources of water and their usage.

There was a great deal of information presented at the Conference and papers on all aspects will be made available shortly.

 

ATTACHMENTS

Nil

  


Council                                                                                                              10 April 2013

 

 

Notices of Motion

 

10 April 2013

 

16.1         Merimbula Airport Runway....................................................... 112

16.2         Long Term Financial Plan......................................................... 114


Council 10 April 2013                                                                                        Item 16.1

 

16.1. Cr Russell Fitzpatrick - Merimbula Airport Runway       

 

Background

Council resolved in November 2012 to tender for only the 1600 metres of the current runway and at that time mandated that the northerly extension be excluded from such tender.

However the proposal from Hewatt’s allows Council to have the works completed at a considerable discount to that if the works are tendered for at a later stage.

Councillors have been provided with numerous draft strategies for the airport and its precinct since 2011 at considerable cost. All of those reports and the McDowell Report of Sept 2011 best sets out the requirements that Bega Valley Shire should be trying to achieve with airport development for the future.

Page 15 of the Report states:

“In due course Rex can be expected to have to consider replacing the Saab340 as it ages further and the next logical step is up to larger turbo-prop aircraft similar to the Q400.”

And secondly

“The future for Merimbula seems set to remain with turbo-prop aircraft servicing the RPT needs of the community. As such it is feasible to undertake essential repairs and resealing now plus consider also improving the pavement to a standard of the next generation successor to the Saab340 as a means of spending now to save later.”

While it is acknowledged  the draft Airport Masterplan has yet to be exhibited, Councillors were presented with, and discussed, the various scenarios  the consultants considered to enable a Q400 turboprop design aircraft to safely land and takeoff. A 200m northern runway extension, together with a minor southern extension, is proposed in Stage 1.

Cr Russell Fitzpatrick

 

ATTACHMENTS

Nil

 

NOTICE OF MOTION

1.      That the contract, RFT 57/12, for renewal of the Merimbula Airport be varied by $415,000 to provide for 200m additional runway surface to assist the scheduling of works and reduction of airport close down  period, in accord with the proposal from Hewatt Earthworks Pty Ltd.

2.      That the General Manager be authorised to execute the contract variation.

 

 


Council 10 April 2013                                                                                        Item 16.2

 

16.2. Cr Russell Fitzpatrick - Long Term Financial Plan       

 

Background

The current Long Term Financial plan is for Bypass works in Merimbula to take place in 2015/17, commencing with the Reid Street roundabout in 2015, with the total project valued at $4m in addition to the cost of acquiring the Mobil site. Bega Valley Shire needs to take a firm decision on the way forward in Merimbula and start achieving some of the proposals that have been put forward.

Council has recently resolved to prepare a commercial precinct masterplan and acquire those portions of private land required for the Bypass route. Consultation for the precinct masterplan and bypass will take place concurrently.

The Finance Manager has advised councillors that the works can be financed within council’s current budgets and the redevelopment of the Merimbula CBD could start if Council takes the initiative.

Cr Russell Fitzpatrick

 

ATTACHMENTS

Nil

 

NOTICE OF MOTION

That the Long Term Financial Plan and Works Schedules be altered to bring the Merimbula Bypass works forward into the 2014-15 financial year.

   


Council                                                                                                              10 April 2013

 

 

Questions On Notice

 

10 April 2013

 

18.1         Woolworths Bermagui Development Application – Peer Review of Economic Impacts by Hill PDA.................................................. 116

18.2         Timeline for report to Council for the Development Control Plan. 119

18.3         Cr Fitzpatrick - Port of Eden redevelopment - Regional Development Funding................................................................................... 120


Council 10 April 2013                                                                                        Item 18.1

 

18.1.       Woolworths Bermagui Development Application – Peer Review of Economic Impacts by Hill PDA     

 

Cr Keith Hughes asked a question at the Council meeting on 20 March 2013, regarding the Woolworths Bermagui development application.  

 

Group Manager Planning & Environment   

 

Cr Keith Hughes asked a question at the Council meeting on 20 March 2013, regarding the Woolworths Bermagui development application.  

Could Council consider making a public statement about the community perception that there is a conflict of interest regarding the Hill PDA Report?

The question was taken on notice by the Group Manager Planning and Environment who has responded that the following extract from his recent report to Council on the matter is the appropriate public statement and is available for the media to publish if it so wishes:

The staff report to the Council meeting held on 16 January 2013 advised that to assist in the consideration of the economic impact of the proposed Woolworths development, Hill PDA were commissioned to undertake a peer review of both the applicant’s Economic Impact Assessment prepared by Location IQ, and that of Wakefield Planning which was commissioned by a group of Bermagui residents.

The report of Hill PDA and recommendations formed part of the report to Council.

In engaging Hill PDA, staff considered that Hill PDA had the necessary experience, skills and background in the Bega Valley Shire.

Staff have raised the issue of conflict of interest with Mr Adrian Hack of Hill PDA who provided the following response:

“The most recent job that we have done for Woolworths was in 2011 for an economic impact assessment of a proposed Woolworths Marketplace in Barden Ridge, Sutherland Shire. We have done a few economic impact assessment reports for Masters Stores (hardware and DYI) including Bega. Masters is a joint venture company between Woolworths and a US based hardware business. The Bega report was 2011. We have not done a job for Woolworths in the past year and half at least. We have also done a number of jobs for some of Woolworth’s competitors including Coles supermarkets and ALDI foodstores.

“I have also been an expert witness against Woolworths in some matters – the most recent case being The Hills Shire Council v Fabcot Pty Ltd LEC Proceedings 11/10836 relating to 73-75 Windsor Road, Kellyville. That matter was settled shortly before the hearing date via Section 34 conferencing with approval granted by Council following design amendments. I have been an expert witness against AMP in the case of AMP Capital Investors Ltd v Transport Infrastructure Development Corporation [2007] NSW LEC 397 yet I have done jobs for AMP. I have been an expert witness against Sydney City Council in the case of Artro Management v Sydney City Council [2009] yet I have done jobs for the Council. Finally I have been an expert witness against Almona Pty Ltd (Parklea Markets) in the case of Roads & Traffic Authority of NSW ats Almona Pty Ltd yet I have done jobs for Parklea Markets.

“It is not unusual for a consultant to act both for and against the same client provided that they relate to clearly different projects / matters. Furthermore I did not liaise or consult with Woolworths on this particular subject matter.

“Given the above history I see no conflict of interest in this particular matter.”

Further staff requested legal advice from Maddocks Lawyers regarding the issues of conflict of interest. In response, Maddocks advice has included the following:

“The advice of Hill PDA is not compromised although Mr Hack should have disclosed in his report that he had previously been engaged by Woolworths. The Land and Environment Court has provided guidance on the principles to be applied in determining whether an expert is independent through its case law, including an indication that an ASIC Guide on the independence of experts is of general application. The SIC Guide requires an expert to make a disclosure of previous work undertaken on behalf of interested parties. Although no disclosure was made by Hill PDA of previous work undertaken for Woolworths, it is our view that the Hill PDA Report has not been compromised as the discussion concerning previous work has been made prior to Council’s determination of the development application. Council has had an opportunity to consider the independence of Mr Hack, and is able to make a decision based on all material before it, not just Mr Hack’s report. In any event, failure to disclose is not, in itself, a basis for concluding bias.

“There is no material in the advice of Hill PDA that demonstrates bias. The Hill PDA Report specifies where it agrees and disagrees with the methodologies and assumptions utilised by Location IQ and Wakefield Planning respectively. Where Hill PDA disagrees with either of the parties, reasons are provided. Hill PDA also undertook its own analysis on the economic effects of the proposal at hand, which is the point of most significant variation between Location IQ and Wakefield Planning. The fact that Hill PDA largely supports the approach taken and conclusions reached by Location IQ is not in itself demonstrative of any bias.”

Based on this advice, consideration of the peer review of Hill PDA is appropriate as part of the overall assessment of the proposed development in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

ATTACHMENTS

Nil

 


Council 10 April 2013                                                                                        Item 18.2

 

18.2.       Timeline for report to Council for the Development Control Plan     

 

 Cr Fitzpatrick asked at the Council meeting on 20 March 2013 for the timeline of the report to Council for the Development Control Plan.

 

Group Manager Planning & Environment   

 

Heading

Cr Fitzpatrick asked at the Council meeting on 20 March 2013 for the timeline of the report to Council for the Development Control Plan.

The question was taken on notice by the Group Manager Planning and Environment who advises that a final workshop with Councillors is scheduled for 8 May and, all going well, a report will be prepared for Council to consider adoption of the Comprehensive Development Control Plan (CDCP) on 22 May 2013.

It is hoped that feedback currently being sought from Bega Valley development industry professionals will be positive and thus complement the timetable outlined above. The resolution of Council at its meeting of 20 March 2013, concerning rural development and crown road reserves, will also be incorporated in the CDCP.

In the meantime, parliamentary counsel is finalising the LEP statutory instrument, with gazettal anticipated by mid 2013.

 

ATTACHMENTS

Nil

 


Council 10 April 2013                                                                                        Item 18.3

 

18.3.       Cr Fitzpatrick - Port of Eden redevelopment - Regional Development Funding     

 

Cr Russell Fitzpatrick asked a question at the Council meeting on 20 March 2013, regarding the development and speculation around Council’s application to the Regional Development Fund for the redevelopment of the Port of Eden.

 

General Manager   

 

Cr Russell Fitzpatrick asked a question at the Council meeting on 20 March 2013, regarding the development and speculation around Council’s application to the Regional Development Fund for the redevelopment of the Port of Eden, which is causing serious concerns to Eden residents. In particular, concerns regarding the upgrade of Imlay Street to cater for heavy vehicle traffic, up to 65 tonnes (B-Doubles).

Could the General Manager confirm for residents that this will not be the case and that truck movements will be no more than that currently occurring?

The General Manager advises:

With reference to the Enterprising Report:  Eden Port Infrastructure Project, included in the Business Paper for 10 April 2013, the proposition to utilise B Doubles on the Breakwater wharf was discarded due to costs and impacts soon after the 2009 studies, reverting to the lower cost of intersection treatments in the 2011 business case. The proposed wharf platform extension is designed to support the safe movement of coaches and semi-trailers. While the frequency of semi-trailer movements is not expected to increase beyond current levels, the introduction of up to 50 cruise ship visits to the Port each year, will substantially increase those movements through Eden CBD and beyond.

B Double and larger vehicle movements are expected at the multipurpose wharf, accessed through Imlay/Edrom Roads, servicing bulk freight such as timber and turbines. This has been reinforced by the recent efforts of the local federal member Dr Mike Kelly, RMS, Sydney Ports and council securing wind turbine freight through Eden rather than Port Kembla.

ATTACHMENTS

Nil