Ordinary

Supplementary Agenda

28 August 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:

Acting General Manager, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Business and Technology Manager, Mr Lucas Scarpin

Workforce and Administration, Manager
Ms Nina Churchward

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                                                                                                     4 September 2013

 

Supplementary AGENDA 

10   Staff Reports – Enterprising

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

10.4             Eden Port Regional Development Australia Fund (RDAF)4 Project Update............................................................................................. 8

 

 

 

 


Council                                                                                                     4 September 2013

 

 

staff reports – economic (enterprising)

 

4 September 2013

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

10.4         Eden Port Regional Development Australia Fund (RDAF)4 Project Update....................................................................................... 8


Council 4 September 2013                                                                               Item 10.4

 

10.4.       Eden Port Regional Development Australia Fund (RDAF)4 Project Update     

 

Presenting update on status of the successful Regional Development Australia (RDAF) 4 Federal grant for Eden Port Infrastructure.

 

Acting General Manager   

 

Background

Council has received a number of reports and considered issues and options at workshops since the Eden Port Strategy was initiated with matching funding from Council and NSW Lands in 2009. That funding facilitated research and studies into concept designs and feasibilities initially for the breakwater wharf extension, wave attenuator and road access for lodgement of a federal JobsFund grant; then later transitioned to a staged wharf and attenuator construction proposal in the context of the National Ports and Freight Strategy and NSW Cruise Tourism Strategy, to attract funding interest from Infrastructure Australia in 2010-11.

Eden Hotel Resorts (EHR) had obtained a concept approval from the NSW government for the redevelopment of the former Cattle Bay cannery site as a hotel, conference centre and residential precinct; and signalled their intention to lodge an application for private marina.

Sapphire Coast Marine Discovery Centre (SCMDC) had secured a long term lease for the port buildings from NSW Lands, and obtained grants to develop the site into a marine research/education and tourism/restaurant precinct.

Across that period, presentations and deputations were made to federal and state ministers and local members on the strategic context of Eden Port as a provedore facility potentially servicing oil and gas support vessels from Bass Strait, through to bulk timber, mineral and renewable energy infrastructure freight.

An Eden Port Masterplan updated from the version adopted in 2005 was initiated, to incorporate the proposed waterside infrastructure and reflect contemporary planning in conjunction with the new shire LEP and DCP, together with a proposal for a prospectus for development of key precincts (Mobil, BP, Cattle Bay, portside and waterside). Councillors considered public submission at a workshop on 28 August, 2013.

With the continued lobbying and support of Eden Chamber of Commerce, Cruise Eden and Sapphire Coast Tourism (SCT), the opportunity to develop the breakwater as a viable wharf to berth cruise ships began to influence design options – a position strengthened by the recognition of Eden Port as a tourism catalyst in the Australia’s Coastal Wilderness (ACW) masterplan, SCT business plan and South Coast RDA Strategic Plan.

More recently, the community group Port of Eden Marina Inc (POEM) lobbied council for funding of an updated wave study (Cardno) and a concept design and feasibility study (IMC) for the development and operation of a marina in Snug Cove.

An EOI was then submitted late 2012 for RDAF4, which prompted updated and more detailed designs, estimates and feasibilities including:

·    Staged breakwater wharf platform to accommodate ~260m cruise vessels

·    Staged wave attenuator across snug cove and cattle bay to accommodate ~200 vessels

·    Wave modelling to reflect the interrelated impacts of the wharf and attenuator

·    Economic feasibility of the wharf and marina

·    Project management

·    Risk management

·    Asset management

The Eden groups garnered community and marina fraternity support.

Those elements formed the basis of the Eden Port Infrastructure Project submitted to RDAF 4 in April 2013 for ~$25m public funding of the following Activities:

·    Stage 1 breakwater wharf platform extension, dredged to 8 m

·    Stage 1 wave attenuator and marina hardstand

·    Road access

·    Headland walk;

to leverage ~$50m private funding of:

·    Staged marina

·    Hotel and conference facility

Council endorsed the RDAF application on 10 April 2013.

When the application was announced by local member Dr Mike Kelly as successful on 2 July 2013, the RDAF Advisory Committee had approved $10m of the $15m sought. Similarly, the NSW government received an over-subscription of funding requests and signalled a reduction in the initially supported $6m and project management as its co-contribution.

In that context, on 3 July, 2013 Council resolved to re-assign its contribution of $2m from the road access to the waterside infrastructure (wharf) to at least provide sufficient funding with the RDAF grant for the concept estimate of ~$12m for the wharf extension.

At the same time, Council assigned the bulk of its $471k RDAF5 allocation to the refurbishment of the SCMDC building ($300k) – a project that was the subject of Council’s RDAF3 application.

In the period from the announcement of the RDAF grant to announcement of the election, Council and its consultants has engaged further with Sydney Ports and Carnival Australia (CA) to tighten design elements for the wharf, port navigation and attenuator location (now placed at ~250m from wharf). NSW Trade and Investment has assisted that process.

Further wave modelling was commissioned to appraise the impacts of a deeper channel and berth pocket, sheetpiling to seabed for wharf and attenuator, and the wave climate inside the channel in 1:1yr and 1:50yr events.

A number of wharf platform, sheet piling, dredging, mooring, disembarkation, procurement and pilotage simulation scenarios followed to accommodate 300m vessels in the long term in those wave climate conditions. Utilisation of recycled sheetpiling and local quarry rock was explored to reduce costs.

Designs and estimates were updated to the point that the final Breakwater Wharf Activity submitted to Regional Australia in the Funding Agreement included (refer Attachment 1 - Wharf Layout and Design Criteria):

·    Forward piloted entry of vessels

·    ~120m available quay (existing and extended wharf) to disembark passengers at bow and midships, with passenger/crew amenities and potable water

·    Berthing and navigation pocket excavated/dredged to 9.5m to accommodate 300m vessels

·    Large vessel manoeuvring outside breakwater

·    Dredged material utilised as backfill for wharf platform or dolphin, and potential reclamation of site proposed as marina hardstand (eg carparking and future amenities)

·    Sheetpiling and fenders along length of wharf and breakwater via breasting for 260m+ vessels

·    Mooring dolphin to accommodate 260-300m vessels

·    Design also accommodates offshore support vessels

The direct cost estimate is $11.8m, plus contingency and project management, with an available budget of $15m, subject to NSW Cabinet confirming its co-contribution to meet the latter components. Councillors have been provided with the design report.

The design excludes extension of the breakwall by rock and handbar, required by Sydney Ports as necessary to protect the larger cruise vessels behind the breakwall in significant sea swell.

It was considered the NSW government would take up the merits of investment in that extension should it lead to further port calls by the 300m+ vessels. In some sea/wind conditions, cruise vessels would not enter port.

ISSUES

Legal

The RDAF funding agreement had been through various iterations up to its final version on 2 August, and was progressing through the contracts section of Regional Australia when the federal election was called. Caretaker conventions unfortunately prevented Regional Australia executing the agreement. A copy of the agreement is provided for councillors.

Similarly, the RDAF5 funding is held in abeyance awaiting the outcome of the election and commitment of the new government.

The RDAF4 Funding Agreement milestones outline the period within which partner contributions are required to be confirmed, approvals in place, and procurement and construction commenced and completed (ie May 2016).

It is intended a project control group (PCG) would be formed once the funding agreement is executed, to enable the transition of the management of the project to NSW government (as part of its contribution to the project). Project management includes detailed design, approvals, consultation, procurement, safety and contract management.

A seismic survey of the seabed to determine depth and location of rock in relation to the breakwall wharf and attenuator, and a pilotage simulation survey, is yet to be completed.

Council, while participating on the PCG, as applicant is responsible for accounting, reporting, audit, media and grant acquittals. It is anticipated the project management plan submitted with the RDAF application will be modified to support the latest concept design, and then be used to adapt the milestones in the funding agreement.  Those milestones are expected to be pushed out to later dates as a result of the Federal election.

Economic

The economic feasibility report estimated ~78 jobs generated by medium demand cruise ship activity at the wharf. Carnival Australia (CA) had indicated port calls of between 20-50 vessels, primarily of 260m length, but moving towards 300m vessels in the longer term, with passenger/crews ranging from 1600 to over 3000.

The NSW government, facilitated by local member Andrew Constance, discounted berthing fees into Eden Port to assist the viability of port calls. CA have worked with Cruise Eden and local operators to develop product and collateral to promote Eden on the Sydney-Melbourne, and potentially NZ routes. CA research indicates 40% of cruise passengers return as fly/drive tourists. CA on line and media marketing of local attractions and products will augment that provided through ACW and SCT.

While it is noted a private attenuator/marina application has been lodged by EHR for cattle bay, the ultimate attenuator and marina designs may be modified to enable staging in accord with that proposed in the RDAF4 submission and updated Eden Port Masterplan.

Further, as the single attenuator and marina are out of RDAF funding scope, the NSW government is understood will continue to consider unsolicited requests for financial assistance for the individual cattle bay and snug cove attenuator proposals.  It has also been suggested the NSW government explore proposals or tax/lease incentives to attract private investment in the attenuator and marina.

Strategic

The overall Eden Port Infrastructure Project Activities remain in the funding agreement for reporting purposes to December 2018 after the Wharf activity, funded by RDAF, has concluded in 2016 (see Attachment  Eden Port layout 2 – Concept Plan RDA components).

Subject to Council’s adoption of the updated Eden Port masterplan, the siting of the wharf and attenuator/marina may be modified to accord with that layout.

Consultation

Council’s website contains a ‘major projects’ section (including Eden Port) to update community on studies, reports and progress. It is proposed that site be used to provide information on the construction phases of the RDAF project.

Financial

Since the April report on RDAF4 and the announcement of the grant, to assist the wharf design scenarios sought by Sydney Ports and Carnival, further design and wave modelling reports were commissioned at a cost around $100k, bringing total costs since 2009 of $400k, funded by grants and from Council’s Economic Development budget.

Conclusion

While the decision of NSW cabinet on its level of co-contribution was not confirmed by time of this report, it is anticipated the government will meet the wharf cost contingency and project management.

On 27 August, the federal Coalition announced it would honour the RDAF4 grant commitment of $10m, matching that announced by the federal government before the election.

That commitment will transform the Port of Eden into international tourism and research precinct and strengthen its prominence as a working port, servicing timber, fish and renewable energy freight and supporting offshore supply vessels from Bass Strait.

It will also redevelop precincts and infrastructure to transform Eden from a community set back by structural adjustments, into one retaining its fishing and timber heritage, connecting to indigenous culture, yet diversified with emerging cruise ship, marina, offshore support and bulk freight market, and connected to the timber processing and tourism links in the Monaro, Snowy Mountains and South Coast.

 

ATTACHMENTS

1View. Eden Port Wharf Layout and Concept Plan

 

Recommendation

1.      That Council note the report and RDAF4 funding agreement.

2.      That Council note the context of the Eden Port project and wharf activity.

3.      That Council form a project control group with state agencies and user representation to assist updating the project management plan and monitoring the progress and reporting of Eden Port waterside infrastructure.

4.      That council thank local members Dr Mike Kelly and Andrew Constance for their support and assistance in gaining the grant funding 

 


Council

4 September 2013

Item 10.4 - Attachment 1

Eden Port Wharf Layout and Concept Plan

 

Appendix 1 - Eden port - Wharf Layout and Design Criteria


 


Council

4 September 2013

Item 10.4 - Attachment 1

Eden Port Wharf Layout and Concept Plan

 

 


Council

4 September 2013

Item 10.4 - Attachment 1

Eden Port Wharf Layout and Concept Plan

 

Appendix 2 - Snug Cove – Port Layout:  Concept Plan as lodged with RDAF