Ordinary

MEETING NOTICE AND AGENDA

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 27 November 2013 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

Leanne Barnes

Acting General Manager

 

 

21 November 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                                                                                                     27 November 2013

 

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

 

1     Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 6 November 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 – Sustainability (Planning and Environment)

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

8.1              Review of proposed zonings for Boydtown under Bega Valley Local Environmental Plan 2013................................................................. 10

8.2              CLEP Appendix 2 - Planning Proposal Progress on Deferred Matters 26

8.3              Amendment to Planning Proposal for Kalaru Racecourse.................. 97

9     Staff Reports – Liveability (Community and Relationships)

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

9.1              Changes to 2014 NSW Department of Education terms and conditions of NSW Preschools....................................................................... 104

10   Staff Reports – Enterprising (Economic)

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

Nil Reports

11   Staff Reports – Accessibility (Infrastructure Waste and Water)

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

11.1             Consultancy for Sewage Treatment Plant Capacity Assessment..... 108

11.2             RFQ 47/13 Supply and Delivery of Two CCF Class 5 to 5.5 Loader/Backhoes.......................................................................... 112

11.3             RFT 12001256 Effluent Disinfection Systems at Tura Beach and Eden Sewage Treatment Plants.............................................................. 115

11.4             Littleton Gardens LED Screen........................................................ 119

11.5             Bega Valley Local Traffic Committee Meeting 13 November 2013... 124

12   Staff Reports – Leading Organisation Governance and Strategy)

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

12.1             Merimbula Big Game & Lakes Angling Club and Marine Rescue NSW - Licence to occupy part Spencer Park Reserve at Merimbula .......... 128

12.2             Findings and recommendations from the Independent Review regarding the Code of Conduct Investigation of the Acting General Manager
.......................................................................................................... ....................................................................................................
139

12.3             Certificate of Investments made under Section 625 of the Local Government Act 1993.................................................................... 142

12.4             Allocation of Projects from Southern Phone Company dividend....... 147

12.5             Nomination Sea Change Taskforce executive committee of management................................................................................. 150

12.6             2014 Citizen of the year and young citizen of the year..................... 152

12.7             2012-13 Annual Report for publishing........................................... 154 .

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

 

15   Rescission/alteration Motions

 

16   Notices of Motion

 

17   Urgent Business

 

18   Questions On Notice

 

19   Questions for the Next Meeting

 

20.. Confidential Business 

 

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public 158

20.1             Parking options for the township of Bega

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

21   Adoption of reports from Closed Session

22   Resolutions to declassify reports considered in closed session

  

 


Council                                                                                                     27 November 2013

 

 

staff reports – Sustainability (PLANNING AND ENVIRONMENT)

 

27 November 2013

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

8.1           Review of proposed zonings for Boydtown under Bega Valley Local Environmental Plan 2013........................................................... 10

8.2           CLEP Appendix 2 - Planning Proposal Progress on Deferred Matters..................................................................................... 26

8.3           Amendment to Planning Proposal for Kalaru Racecourse............. 97


Council 27 November 2013                                                                                 Item 8.1

 

8.1.          Review of proposed zonings for Boydtown under Bega Valley Local Environmental Plan 2013     

 

The future zoning of Boydtown has been an ongoing matter. This report recommends a zoning plan that will set the future direction of Boydtown for the next 20 plus years.

 

Group Manager Planning & Environment   

 

Background

Over many years the owner of Boydtown has submitted to Council a variety of development applications, master plans, proposals and visions. Over these years Council has continued to support the sensitive and balanced development of Boydtown, particularly focussed on land to the east of the Princes Highway.

During the exhibition of draft Bega Valley Local Environmental Plan 2010 (BVLEP), Council received a submission from the owner of Boydtown requesting a review of the exhibited zoning for Boydtown.

Separate to the submission, Council received a planning proposal from the applicant on 27 February 2012 with a new Master Plan for the future zoning of Boydtown. The proposed 2012 Master Plan and accompanying zoning scheme differ substantially from the exhibited zonings under draft BVLEP 2010 which was largely based on the owner’s previous 2008 Master Plan.

Council at its meeting of 12 June 2012 gave consideration to the staff report on the draft BVLEP 2010 and resolved to defer any decision on the Boydtown land. The land was deferred from BVLEP 2013 and included in Appendix 3 for consideration of the owner’s new 2012 Master Plan by Council staff and the Department of Planning and Infrastructure and the submission of a further report to Council. The zoning of the land under BVLEP 2002 prevails for the Boydtown land whilst the land is a deferred matter under BVLEP 2013.

See Attachment 1 – Boydtown zoning under BVLEP 2002

Part 12 of BVLEP 2002 specifically applies to the development of land at Boydtown, including clause 91(3)(b) which prohibits permanent accommodation, other than for a caretaker, on some of the land zoned residential 2(c). More than half of the 2(c) land is not restricted by clause 91(3)(b) thus permitting permanent residential accommodation. Additionally, there is another 77 ha (approximate) of land zoned residential 2(a) available for permanent residential accommodation. The “unencumbered” 2(c) land and the 2(a) can be developed now with a possible lot yield of more than 800 dwellings.

A second planning proposal was submitted by the owner on 7 August 2013 requesting the area currently zoned 2(c) under BVLEP 2002 to which clause 91(3)(b) applies, that restricts permanent accommodation on part of the 2(c) land, be removed. The owner has requested the second planning proposal be considered in advance of the first “as an interim measure to enable investment and development to proceed while the new zones for the whole of the Boydtown area are being considered”.

Preliminary advice from the Department of Planning and Infrastructure is that it requires a planning proposal that addresses all outstanding matters. The Department has indicated it looks forward to the finalisation of this ongoing matter and reiterated that it has consistently not supported urban development west of the Princes Highway.

Draft BVLEP 2010

The proposed zonings for Boydtown exhibited in Draft BVLEP 2010 were based on a combination of a rollover of the existing BVLEP 2002 zones and clauses, the 2008 Boydtown Master Plan provided by the owner and lodged prior to the exhibition, the Eden Structure Report and Council's overall strategy for zoning land in sensitive coastal locations throughout the Shire. In addition, the topography, hydrology, vegetation, landscape and heritage constraints of the land, existing land uses and development consents were considered.

The owner’s 2008 Boydtown Master Plan stated aim is to provide a balanced approach to development of Boydtown by considering riparian protection, provision of open space, road connectivity, suitability of land for medium and low density residential and tourist development, and provision of sufficient commercial zoned land (approximately 4 hectares) to service the needs of both future residents of Boydtown and the proposed marina development.

The proposed zonings of the exhibited draft BVLEP 2010 properly recognised Eden as the town centre for Boydtown providing its main commercial, retail and other complementary services. The scale of proposed B4 land provides ample opportunity for boutique style commercial development and services to meet the day to day needs of both visitors to Boydtown and permanent residents.

See Attachment 2 – Boydtown zoning as exhibited under Draft BVLEP 2010

2012 Boydtown Master Plan (as submitted by Owner)

The Master Plan submitted by the owner with the accompanying planning proposal in 2012 represents a significant departure from previous planning for Boydtown. It proposes that approximately 70 hectares of land be zoned B4 Mixed Use with an additional clause permitting highway service centres. This compares to approximately 79ha of B4 zoned land in the whole Shire (Bega, Merimbula and Eden CBD’s combined). This includes all of the land north of Boydtown Creek and some of the existing 2(a) Low Density Residential zone south of the creek. In addition, the foreshore is proposed to be zoned RE1 Public Recreation with a clause enabling heliport use.

The plan also includes large areas of low density residential zones on the environmentally sensitive southern section of the land, as well as on the western side of the highway. In addition, most of the remaining land west of the highway is proposed to be either zoned SP3 Tourism (with a special clause enabling permanent accommodation) or R5 Large Lot Residential with a 4,000sqm lot size. A height limit of 16.5m is proposed for all land proposed to be zoned SP3 and B4.

Council staff considers that the owner’s 2012 Master Plan does not represent a desirable zoning outcome for Boydtown. In particular, the plan does not consider the economic reality of the Shire or the sensitive environmental constraints of the land. The zoning scheme does not ensure adequate consideration of the site’s heritage listed items, nor does it provide a clear direction for future orderly development of the area in the context of the Shire and Far South Coast as a whole. Of additional concern is the 70 hectares proposed for zoning as B4. The zone permits business, office and retail development which would compete with and detract from the 30 hectares of existing commercially zoned land in Eden.

See Attachment 3 – Proposed zoning as per owner’s 2012 Boydtown Master Plan

Twofold Bay and Hinterland Strategy 2004

In March 2004, the (then) Department of Infrastructure, Planning and Natural Resources published the “Twofold Bay and Hinterland Strategy”. The Strategy was the result of an extensive period of consultation and research. The Strategy describes the profile of the Twofold Bay and Hinterland community, explores the community vision for the future and identifies strategies and actions to help the community achieve that vision.

South Coast Regional Strategy 2006-31

The South Coast Regional Strategy 2006-31 was released by the Department of Planning in 2007. The Strategy aims to set out a clear and certain land use plan for the South Coast, which balances the demands for future growth with the need to protect and enhance environmental values. The primary purpose of the Strategy is to ensure that adequate land is available and appropriately located to sustainably accommodate the projected housing and employment needs of the region’s population over the next 25 years (up to 2031).

Section 6 of the Strategy provides recommendations for “Housing and Settlement” including the following:

Only urban areas which are/will be identified in the final versions of the following documents are supported

- Eden Structure Plan

The Eden Structure Report was adopted by Council in April 2006.

Eden Structure Report 2006

The Eden Structure Report is Bega Valley Shire Council’s response to the key strategies and actions of the Twofold Bay and Hinterland Strategy especially relating to land use planning.

Part 8 of the Report outlines the following preferred land use elements and actions as priority matters for Eden and Boydtown.

         “1.          Eden township

•    Main retail commercial centre of the study area and one of the four main retailing, tourism and commercial areas of the shire.

•    Cattle Bay and Snug Cove have potential for urban based tourism accommodation and facilities and could benefit from four plus star accommodation.

•    Concepts for Council Land and Crown Land for the supply of industrial land need to be finalised.

•    Seniors’ living accommodation requires significant expansion including provision of additional nursing / hostel care.

•    Increased accessibility needed for seniors and persons of restricted mobility in both public and private infrastructure.

•    Commercial area to be targeted for precincts of higher buildings (up to four storeys) including residential and tourism accommodation. Architectural guidelines are needed (under preparation).

•    Finalise master plan for Eden Cove and negotiate developer agreement to improve foreshore recreation and conservation opportunities in this area.

•    Improve bushfire protection at urban / bushland interfaces.

•    Marine science education and tourism opportunities need a home in the area (provide a site for the Sapphire Coast Marine Centre).

         “2.          Boydtown

•    Boydtown commercial area is limited to local services and tourism. Eden commercial area to provide broader services.

•    Strong tourism focuses with a range of accommodation from high value tourist apartments to camping and cabin experiences. It is anticipated low cost options will shift from the coastal edge of Boydtown to Towamba Inlet and further inland from Boydtown coastal strip.

•    Boydtown 2(c) zone to retain a significant proportion of its total accommodation for tourism. The focus for medium density and low density permanent accommodation to be in the 2(b) zone.

•    Twofold Beach Resort should have the option of a sewer service and be included in the 2(c) zone.

•    Land use west of the highway should be banked for longer term urban uses, excluding any area needed for a business park.

•    The historic Boydtown Inn needs to be the pivotal focus of the tourism precinct, with adequate curtilage to protect its setting yet an adequate range of sympathetically designed accommodation located in close proximity to give it economic viability as a resort and conference centre.”

Section 9 of the report contains the recommendations regarding zoning and structural land use controls. These are separated into 7 areas as shown on the map below.

Extract from Map D:  Eden Structure Report recommendations regarding zonings and structural controls

The recommendations for each area of the Eden Structure Report is included below, followed by staff comments regarding the proposed draft CLEP 2010 zoning and the proposed zoning as per the owner’s 2012 Master Plan.

Area 1

“This area comprises lands currently zoned a mixture of 7(f1) Coastal Lands Protection and 1(a) Rural General. The proposal would be for all of the mapped area to be zoned 7(f1) however up to 3 ecotourism/resort clusters to be identified within this area with the potential to provide a mix of nature based tourism style accommodation and camping opportunities.

“The exact boundaries of such a zone would form part of a Local Environmental Study and/or Master plan.”

Staff Comments

Draft BVLEP 2010 – Proposed E3 Environmental Management Zone. Eco–tourist facilities and accommodation permitted with consent. The proposed zone reflects the environmental sensitivity of the land and is consistent with the Structure Report recommendations for this area.

Draft 2012 Master Plan - A mix of R2 ‘Low density residential’ and E2 Environmental Conservation zones. Eco-tourist facilities not permitted. Whilst the E2 zone would restrict development to environmental facilities or recreation facilities, generally a large part of the area would be zoned for small lot residential development. The proposed R2 zoning does not meet the recommendations of the Structure Report for this area, nor does it reflect the area’s high environmental sensitivity.

Area 2

“Areas shown on the map as 2 comprise both existing and potential open space areas. It is considered important that there would be a highway buffer in the southern part of Boydtown and that adequate foreshore reserve provided along the Nullica River, Boydtown Beach, Torarago Point and the Towamba River frontages. These areas would be retained for passive recreation and environmental protection of foreshores with the one exception of some more intensive “European” garden reserve fronting the historic Seahorse Inn. (This European garden would need to be the subject of a Plan of Management).

“The exact boundaries would be resolved as part of a Local Environmental Study and/or Master plan process.

“This will help offset the loss of the low key / affordable tourism accommodation at Boydtown as it becomes more focused on urban tourism and permanent living.”

Staff Comments

Draft BVLEP 2010 - A mix of E3 Environmental Management covering the Heritage listed church and RE1 Public Recreation covering the Boydtown beach area. There is also a mixture of R2 Low Density Residential and RE2 Private Recreation in the part of Area 2 adjacent to the Princes Highway south of Boydtown Park Road and a mix of E2 Environmental Conservation and E3 Environmental Management in the part of Area 2 west of the Princes Highway.

Proposed zonings are generally consistent with the Structure Report recommendations.

Draft 2012 Master Plan - A mix of RE1 Public recreation covering Boydtown Beach, B4 Mixed Use covering the Historic Church area and R2 Low Density Residential/E2 Environmental Conservation south of Boydtown Park Road adjoining the Highway.

Area 3

“It is proposed to retain the areas currently zoned 2(c) Residential Tourist and 2(b) Residential Medium Density at Boydtown and rezone a small area currently zoned 1(a) Rural General to urban. A special use clause would be applied to the 2(c) zone to ensure a true mixture of tourism and residential development throughout this area. Buildings would generally be limited to two storeys except for perhaps some clusters of higher multi-unit housing against the base of the church hill area. A detailed concept plan would apply to the whole of the 2(b) and 2(c) zone including specific protection measures for the heritage precinct around the Boydtown Inn. This concept plan would include 2 options - one containing the approved marina and one based on the option of the marina not proceeding but with artificial water bodies being provided over part of the proposed marina area.

“The concept plan would become a Development Control Plan linked to the Local Environmental Plan.

“The area marked 3b is the curtilage of the historic Boydtown Inn and development would be restricted in this precinct to works that complement the Inn. The Inn needs quality accommodation in close proximity to give it commercial viability. However design and setting needs to complement this significant heritage item.”

Staff Comments

Draft BVLEP 2010 - Majority of land R2 Low Density Residential and SP3 Tourist with pockets of E3 Environmental Management, B4 Mixed Use and RE2 Private Recreation. The Boydtown Inn curtilage is proposed to be zoned SP3 Tourist. The proposed zoning is consistent with the Structure Report recommendations.

Draft 2012 Master Plan - A mix of B4 Mixed Use and R2 Low Density Residential, with a small pocket of RE1 Public Recreation and E2 Environmental Conservation. Approximately 70ha of B4 is proposed. The B4 allows commercial development without the need for any residential component. The Historic Inn would be included in the B4 Mixed Use zone. The proposed zoning is not consistent with the recommendations of the Structure Report.

Area 4

“The final extent of this future urban zone will be subject to more detailed mapping as part of the draft amending Local Environmental Plan and accompanying Local Environmental Study and/or Master plan. This area however is considered to have merit for retention for long term urban uses and it is critical that the planning of the 2(c) Residential Tourist area allow for at least one major highway access point in the northwest corner of the 2(c) zone through to the proposed 2(f) Future Urban zone.”

Staff Comments

Draft BVLEP 2010 - majority of land zoned E3 Environmental Management with a 120 ha lot size. Some lots which have already been developed for rural residential purposes are zoned E3 Environmental Management with a 10ha lot size. Some riparian land zoned E2 Environmental Conservation. The proposed E3 zone will effectively act as a “holding zone” until such a time that it can be demonstrated that there is justification for urban development in Area 4.

Draft 2012 Master Plan - the majority of Area 4 is proposed as either SP3 or R3 with a small section of R5 Large Lot Residential with a 4000sqm lot size over the existing rural residential lots. The Department of Planning has consistently not supported urban development west of the Princes Highway. The proposed zoning is not consistent with the recommendations of the Structure Report.

Staff agree with the proposed extension of the E2 zone to Nullica River.

Area 5

“This area appears considerably constrained by bushfire hazard and other risks, however some further minor rural residential development may be accommodated subject to detailed bushfire planning and improvements to access roads. No zone change is required to achieve this land use outcome.”

Staff Comments

Draft BVLEP 2010 - proposes E3 Environmental Management with a 10ha lot size. This will effectively act as a “holding zone” until such a time that it can be demonstrated that there is justification for more development in this area.

Draft 2010 Master Plan - proposes R5 Large Lot Residential with a 4000sqm lot size.

Area 6

“The 7(d) Environment Protection General zone in the south of the Boydtown area comprises mostly steep, environmentally sensitive lands draining to a substantial creek (Reedy Creek). Ecotourism facilities are permissible in this zone and it is possible that some minor developments of this nature may be accommodated in this area.

[Other parts of area 6] “currently comprise a mixture of 7(f1) Coastal Lands Protection, 7(d) Environment Protection General and 1(a) Rural General zones and it is felt a simpler single zone of Environmental Protection 7(d) is more suitable and will largely constrain any future developments of these areas beyond existing use rights to that of minor ecotourism facilities and the like.”

Staff Comments

Draft BVLEP 2010 - proposes the majority of Area 6 for E3 Environmental Management with a 10ha lot size with a small section of E2 Environmental Conservation in the riparian land and some E3 with a 120ha minimum lot size. Eco-tourism facilities and accommodation is permitted in the E3 zone. Consistent with recommendations of the Structure Report.

Draft 2012 Master Plan - propose this area to be mostly zoned R5 Large Lot Residential with a 4000sqm lot size with some R3 Medium Density Residential and with a section of E2 buffering the waterway. Not consistent with Structure Report recommendations.

Area 7

“Council research indicates a long term shortage of potential land for industrial purposes in the Eden/Boydtown area and this section of land appears suitable for industrial land use subject to the provision of adequate bushfire hazard buffers and/or a perimeter road, servicing and screening from the proposed urban areas. The area includes a number of gravel pits and these could be rehabilitated for industrial purposes as the gravel material is exhausted.

“The exact zone boundaries would be resolved as part of the Local Environmental Plan/Local Environmental Study/Master plan process.”

Staff Comments

Draft BVLEP 2010 - proposes E3 Environmental with a 10ha lot sizing. No investigation for the opportunity for development of this land for industrial purposes has been carried out to date. The proposed E3 zone would effectively place the land in a “holding zone” until such time as there is a demonstrated demand for such land.

Draft 2012 Draft Master Plan - proposes this area to be mostly zoned R3 Medium Density Residential, plus some R5 Large Lot Residential with a 4000sqm lot size. This would result in the land not being available for future industrial development and thus is inconsistent with the recommendations of the Structure Report.

Restriction on permanent accommodation

The owner’s second planning proposal to remove the restriction on permanent accommodation in the current 2(c) Residential Tourist zone has been considered in the context of the overall zoning plan for Boydtown. This request can be accommodated by changing approximately 1.5ha of the area immediately to the north of the Seahorse Inn proposed in Draft BVLEP 2010 as SP3 Tourism to R3 Medium Density Residential, and replacing approximately 1.5ha of the adjacent area proposed for zoning as R2 Low Density Residential with SP3 Tourism. This would enable the consideration of permanent accommodation or tourist apartments on the land adjacent to the curtilage of the historic Boydtown Inn.

See Attachment 4 – Area proposed by staff to be zoned SP3 and R3

Proposed zones for Boydtown

Development of the land west of the Princes Highway is not supported and as such no changes to the zones proposed for this area in Draft BVLEP 2010 are proposed with the exception of extending the E2 buffer along the watercourse intersecting Nullica River.

The combination of SP3 Tourist, R2 Low Density Residential, RE1 Public Recreation, RE2 Private Recreation Zone, E2 Environmental Conservation, E3 Environmental Management and B4 Mixed Use zones proposed in Draft BVLEP 2010 is still supported with the exception of the amendments proposed above to enable development of the land for permanent residential purposes near the Seahorse Inn.

No changes to the minimum lot sizes or floor space ratios to those exhibited in Draft BVLEP 2010 are supported beyond the application of standard lot sizes and floor space ratios for the areas that are now proposed for the revised SP3 and R3 zones. No change to the 10m maximum building height is supported given the sensitive coastal location and visual prominence of the site when viewed from Eden and Twofold Bay.

Conclusion

The zoning and master planning of Boydtown has been an on-going matter for approximately 25 years. The adoption of the zones proposed by staff in this report will set the direction for the future development of Boydtown by providing an appropriate mix of residential, commercial and tourism development and public and private recreation opportunities balanced with the protection of highly sensitive environmental land.

See Attachment 5 – Staff recommended zoning for Boydtown

 

ATTACHMENTS

1View. Attachment 1 - Boydtown zoning under BVLEP 2002

2View. Attachment 2 - Boydtown zoning as exhibited under Draft BVLEP 2010

3View. Attachment 3 - Proposed zoning as per owner's 2012 Boydtown Master Plan

4View. Attachment 4 - Area proposed by staff to be zoned SP3 and R3

5View. Attachment 5 - Staff recommended zoning for Boydtown

 

Recommendation

1.       That Council resolve to prepare a planning proposal for land at Boydtown identified as a ‘deferred matter’ under Bega Valley Local Environmental Plan 2013 in accordance with the map in Attachment 5 to this report.

Further the planning proposal be referred to the Department of Planning and Infrastructure for ‘Gateway Panel’ determination.

2.       That Boydtown Pty Ltd be advised of the resolution.

 


Council

27 November 2013

Item 8.1 - Attachment 1

Attachment 1 - Boydtown zoning under BVLEP 2002

 

 

 



Council

27 November 2013

Item 8.1 - Attachment 2

Attachment 2 - Boydtown zoning as exhibited under Draft BVLEP 2010

 

 

 



Council

27 November 2013

Item 8.1 - Attachment 3

Attachment 3 - Proposed zoning as per owner's 2012 Boydtown Master Plan

 


Council

27 November 2013

Item 8.1 - Attachment 4

Attachment 4 - Area proposed by staff to be zoned SP3 and R3

 

 

 



Council

27 November 2013

Item 8.1 - Attachment 5

Attachment 5 - Staff recommended zoning for Boydtown

 

 

 



Council 27 November 2013                                                                                 Item 8.2

 

8.2.          CLEP Appendix 2 - Planning Proposal Progress on Deferred Matters     

 

The purpose of this report is to provide Council with an update on the status of the Appendix 2 “Deferred Matters” and the Department of Planning and Infrastructure responses to the Planning Proposals prepared to date.

 

Group Manager Planning & Environment   

 

Background

Council at its meeting held on 12 June 2012 gave consideration to a report on the Draft Comprehensive Local Environmental Plan 2010 and resolved the following:

“2.     That in regard to the draft Comprehensive Local Environmental Plan Council adopts the recommendations for the submissions outlined in:

·   Appendix 1 - support (or partial support) for the submission request, with only minor changes required to the exhibited draft Comprehensive Local Environmental Plan;

·   Appendix 2 - support (or partial support) for the submission request however, due to the nature of changes proposed, a “planning proposal” is to be prepared by Council and a “gateway determination” by the Minister for Planning is required prior to re-exhibition;

·   Appendix 3 - further research to be carried out by Council staff prior to progressing via a future report to Council; and

·   Appendix 4 - no agreement with the submission request, or the submission to be noted with no need for further action at this time – therefore proceed with the draft Comprehensive Local Environmental Plan as exhibited.

3.      That Council amend the draft Comprehensive Local Environmental Plan in accordance with the recommendations in Appendix 1, the reclassification of various parcels of Council land in accordance with the report of the public hearing in Appendix 5, and the revised written instrument in Appendix 6.

4.      That Council incorporate lot averaging into the draft Comprehensive Local Environmental Plan for land zoned R5 Large Lot Residential, E3 Environmental Management and E4 Environmental Living.

5.      Adopt the amended draft Comprehensive Local Environmental Plan as per points 3 and 4 above, and forward the plan to the Director-General of NSW Planning & Infrastructure in accordance with the Environmental Planning and Assessment Act 1979 requesting that “the plan be made” by the Minister for Planning.

6.      That Council proceed with a “planning proposal” and, if agreed by the Minister for Planning, re-exhibit those properties in accordance with the adopted recommendations of agreed submissions contained within Appendix 2. In the interim the subject land be “deferred”, thereby retaining its current zoning and status under Bega Valley Local Environmental Plan 2002.

7.      That Council defer a decision on the submissions in Appendix 3 until strategic investigations are completed and reported back to Council. In the interim the subject land be “deferred”, thereby retaining its current zoning and status under Bega Valley Local Environmental Plan 2002.

8.      That Council undertake further investigations into potential industrial sites in the Bega Valley Shire for the longer term, noting that the draft Comprehensive Local Environmental Plan has already identified additional industrial land for the short to medium term in Bega (South) and Kalaru.

9.      That Council note that the draft Comprehensive Development Control Plan requires further investigation and refinement, incorporating appropriate changes emanating from submissions.

10.    That Council advise all those persons who have made submissions of the above.”

This report addresses the Appendix 2 matters referred to in point 2 and 6 of the Council resolution.

It should be noted that point 1 of the resolution related to specific sites which Council separately resolved to include in either Appendix 1, 2, 3 and 4 of dot point 2.

A copy of Appendix 2 is included as Attachment 1 to this report.

Status of Appendix 2 Matters

The lands included in Appendix 2 are deferred matters under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) with the provisions of Bega Valley Local Environmental Plan 2002 applying in the interim.

There are a total of 43 matters in Appendix 2 and, after discussion with officers of the Department of Planning and Infrastructure, it was agreed that the best way forward would be to prepare several planning proposals covering the 43 matters. It was further considered appropriate to group similar matters into planning proposals – for example lot sizing, residential zonings, etc. - to streamline the documentation required in each proposal.

Currently three planning proposals have been prepared covering 16 of the matters in Appendix 2. The three (3) planning proposals cover Kalaru Racecourse Industrial Zoning; Residential Zones (various lots); and Rural Residential Lot Sizing (various lots).

Attachment 2 to this report includes a copy of the relevant section of each of the planning proposals which identifies the subject properties and proposed amendments.

Planning proposals for all but two (2) of the remaining Appendix 2 matters have been drafted and will be finalised in the coming weeks for “Gateway Panel” consideration.

Department of Planning and Infrastructure response to the three Planning Proposals submitted for “Gateway Panel” consideration

Council has now received the formal “Gateway Panel” response to each of the three Planning Proposals that have been submitted.

The following responses have been received.

1.      Kalaru Racecourse – Kalaru

·      Consult with NSW Rural Fire Service and Office of Environment & Heritage

·      Publicly exhibit for 14 days

·      Finalise Planning Proposal within 9 months.

2.      Residential Zones - Various

·      Consult with Office of Environment & Heritage, NSW Rural Fire Service and Transport NSW – Roads & Maritime Services

·      Publicly exhibit for 28 days

·      Finalise Planning Proposal within 9 months.

3.      Rural Residential Lot Sizes – Various Lots

·      Consult with Office of Environment & Heritage, Southern Rivers Catchment Management Authority, NSW Trade & Investment – Crown Lands and NSW Rural Fire Service

·      Publicly exhibit for 28 days

·      Prior to undertaking exhibition, Council is to update the planning proposal to justify why a reduced minimum lot size is only being considered for land at Green Point Road, Millingandi, given adjoining areas that are less constrained have a current minimum lot size of 5ha. Additionally, the planning proposal is to justify why land at Ivor Jones Drive, Wonboyn is considered in isolation, given adjoining land to the south has similar attributes.

·      Prior to undertaking exhibition, Council is to ensure the planning proposal includes sufficient additional information on acid sulphate soils and, if required, Council is to prepare an acid sulphate soils study to adequately demonstrate consistency or justify any inconsistency with S117 Direction 4.1 Acid Sulphate Soils. A copy of the acid sulphate soils study is to be forwarded to the regional office of the department, prior to Council undertaking public exhibition.

·      Council is to demonstrate that the planning proposal satisfies the requirements of State Environmental Planning Policy (SEPP) 55 – Remediation of Land in relation to land at Bermagui-Cobargo Road, Coolagolite. Council is to prepare an initial site contamination investigation report to demonstrate that the site is suitable for rezoning to the proposed zone. This report is to be included as part of the public exhibition material.

·      Finalise Planning Proposal within 12 months.

Current Status of Planning Proposals

Consultation with the identified State Government Agencies has been carried out in respect of the Planning Proposals for Kalaru Racecourse and Residential Zones. The Kalaru Racecourse planning proposal is subject to a separate report to Council as minor changes to the zoning layout are recommended by Council staff following feedback from the Office of Environment and Heritage. The Residential Zones planning proposal is ready for public exhibition.

The response from the Department of Planning and Infrastructure for the Rural Residential Lot Sizes Planning Proposal requires additional work to be undertaken for some of the matters.

The requirement for further justification of a reduced lot size for Green Point Road, Millingandi and Ivor Jones Drive, Wonboyn is able to be addressed by Council staff as is the requirement to demonstrate the Planning Proposal satisfies the requirements of SEPP55 ‘Remediation of Land’ for Bermagui-Cobargo Road, Coolagolite.

However, Council staff are not in a position to prepare an acid sulphate soils study and this would be required to be prepared by an expert consultant.

It is considered that the cost of the study should be met by the owners of the land that the report would relate to. These properties are:

·      Lot 26 DP 850443, Green Point Road, Millingandi

·      Lots 721 and 722 DP 826974, Princes Highway, Millingandi

·      Lot 11 DP 750222 and Lot 1 DP 1172916, Ivor Jones Drive, Wonboyn

Planning staff will be writing to the owners of the three properties advising that an Acid Sulphate Soils report is required to be carried out and seeking agreement to meeting the costs incurred by Council in the preparation of the study. Alternatively each owner could commission an independent study for submission to Council.

Conclusion

The Planning Proposals for Kalaru Racecourse and Residential Zones have received “Gateway Panel” approval to exhibit and all the required State Agency consultations have been carried out. The Kalaru Racecourse planning proposal is subject to a separate report to Council as minor changes to the zoning layout are now recommended by Council staff following feedback from the Office of Environment and Heritage. The Residential Zones planning proposal is ready for public exhibition and those arrangements are being made.

The Planning Proposal for the various Rural Residential Lot Sizes, whilst receiving “Gateway Panel” approval, requires additional justification and the preparation of an Acid Sulphate Soil Study.

It is proposed to request the owners of the properties affected by the requirement for the study to agree to meet the costs associated with engaging an expert consultant to prepare the study. Alternatively each owner could submit an individual study for their own property.

 

ATTACHMENTS

1View. CLEP Appendix 2 - Deferred Matters

2View. Extracts from Planning Proposals

 

Recommendation

That Council note the report.

 


Council

27 November 2013

Item 8.2 - Attachment 1

CLEP Appendix 2 - Deferred Matters

 


Council

27 November 2013

Item 8.2 - Attachment 2

Extracts from Planning Proposals

 


Council 27 November 2013                                                                                 Item 8.3

 

8.3.          Amendment to Planning Proposal for Kalaru Racecourse     

 

An amendment to the zoning plan for Kalaru Racecourse is presented for Council’s consideration following public agency consultation.

 

Group Manager Planning & Environment   

 

Background

Lot 2 DP 1082841 Sapphire Coast Drive, Wallagoot is owned by the Sapphire Coast Turf Club Incorporated (Turf Club). In Draft Bega Valley Local Environmental Plan 2010 (Draft BVLEP 2010) the whole of the property was proposed to be zoned RE2 Private Recreation. The Turf Club made a submission to Draft BVLEP 2010 with regard to an undetermined Development Application for an industrial subdivision on part of the land.

Following the exhibition of Draft BVLEP 2010, Council issued development consent for the subdivision of the property into 22 allotments for industrial uses and a residue allotment containing the existing racecourse and a wildlife corridor. On consideration of the submission to Draft BVLEP 2010 and the recent industrial subdivision approval, Council resolved to defer the matter from Bega Valley Local Environmental Plan 2013 and place it in Appendix 2 to enable the land subject to the development consent to be zoned IN1 General Industrial, with the remainder of the property to be zoned RE2 Private Recreation.

Gateway Determination of planning proposal

Council staff subsequently prepared a planning proposal for the Kalaru Racecourse and lodged it with the Department of Planning and Infrastructure’s “Gateway Panel”. The aim of the planning proposal was to regularise the zoning associated with the subdivision approval in accordance with the Appendix 2 Council resolution.

One of the requirements of the Department of Planning and Infrastructure’s “Gateway Determination” was that Council consult with the NSW Rural Fire Service and the Office of Environment and Heritage (OEH) under section 56(2)(d) of the Environment Planning and Assessment Act 1979 (EP&A Act). This consultation has now been completed and although the NSW Rural Fire Service raised no concerns or issues in relation to the planning proposal, OEH raised concerns regarding threatened species conservation.

OEH response to planning proposal

OEH provided advice to Council that:

Overall OEH does not support the proposed combinations of zonings, as they do not provide adequate security from the further development of the remnant native vegetation and known threatened species habitat.”

OEH suggested applying the E2 Environmental Conservation zone to those areas of native vegetation outside the existing developed racecourse facilities that are not proposed to be zoned IN1. This would ensure sufficient protection of the remaining threatened species habitat, offset the loss of habitat and hollow bearing trees from the approved industrial subdivision and minimise the impacts of future subdivision.

Following OEH’s response, the matter was discussed with OEH and representatives of the Turf Club and a revised zoning plan for the property is now being proposed by Council staff.

Proposed revised zoning for Kalaru Racecourse

The revised plan proposes that the part of the land not covered by the existing racecourse facilities or proposed for IN1 General Industrial zoning be zoned E2 Environmental Conservation, with the exception of the land on the south-western boundary of the property which is proposed to be zoned RE2 Private Recreation (see Attachment 1 for details).

The Turf Club agrees to the E2 zoning proposed for the property with the exception of the 100m wide corridor adjacent to Sapphire Coast Drive which the club prefers to be zoned RE2 to protect future development opportunities.

The revised zoning plan will ensure that the majority of the remaining land is zoned for environmental conservation, including the sensitive land adjacent to Penuca Swamp, the designated wildlife corridor within the industrial subdivision and a 100m wide vegetation corridor along Sapphire Coast Drive to ensure east-west connectivity. It also ensures that adequate vacant land (approximately 6ha) is zoned to accommodate any future expansion of activities and infrastructure associated with the Turf Club, as well as inclusion of the existing waste water treatment facilities.

Further Consultation requirements

It is expected that a further Gateway Determination of the amended proposal (if adopted by Council) will require public exhibition for a minimum period of 14 days. It is anticipated that this exhibition will take place in February 2014.

Strategic Implications

With regard to planning proposals, section 56(2)(d) of the EP&A Act requires consultation with any State or Commonwealth public authorities that will or may be adversely affected by the proposed instrument identified in the Gateway Determination. Section 58 of the EP&A Act also provides that Council may vary planning proposals as a consequence of consideration of a submission (or for any reason).

To amend a planning proposal Council is required to forward the revised planning proposal to the Minister for Planning.

Conclusion

The proposed amendments to the zoning plan for the Sapphire Coast Turf Club land discussed in this report represent an improved outcome that balances the protection of the property’s significant environmental values with the provision of opportunities for employment land and existing and future Turf Club facilities.

It is recommended that Council resolve to amend the Kalaru Racecourse Planning Proposal in accordance with the attached plan.

 

ATTACHMENTS

1View. Attachment 1 - Revised recommended zoning plan Kalaru Racecourse 

 

Recommendation

1.         That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan attached to the report and submit the revised planning proposal to the Minister of Planning to seek an amended Gateway Determination.

 


Council

27 November 2013

Item 8.3 - Attachment 1

Attachment 1 - Revised recommended zoning plan Kalaru Racecourse

 

PDF Creator

 

 


 

staff reports – LivEability (community and relationships)

 

27 November 2013

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

9.1           Changes to 2014 NSW Department of Education terms and conditions of NSW Preschools.................................................. 104


Council 27 November 2013                                                                                 Item 9.1

 

9.1.          Changes to 2014 NSW Department of Education terms and conditions of NSW Preschools     

 

Funding terms and conditions for NSW Preschools have been amended. Council will need to advise parents and advertise a change to adopted fees for these services.

 

Acting General Manager  

 

Background

The NSW Department of Education and Communities, Early Childhood Education and Care Directorate have advised that changes will be implemented regarding the terms and conditions of funding for Preschools.

The changes will impact on families using Preschools operated by Bega Valley Shire Council.

From January 2014 preschool funding can only be used to subsidise Preschool for children in their year before school.  Children who are Aboriginal or from families that hold a Low Income Health Care Card will be entitled to two years of subsidised Preschool.

From January 2014 the changes to terms and conditions will result in a new funding formula. This will be used by the Department of Education and Communities, Early Childhood Education and Care Directorate to calculate and adjust entitlements for Preschool Services. The formula has three key elements:

·  The SEIFA index is used to calculate a base funding rate for all children in their year before school. Equity funding is added to this rate to provide extra subsidy for children with English language needs, Aboriginal children or children from families with a Low Income Health Care Card.

·  A service loading based on the region in which the service is provided for each subsidised place. Bega Valley has been designated an Outer Regional area.

·  A ‘cap’ on total funding available for each service is calculated by the Department. This is based on approved places, hours of operation and a utilisation sample from an annual census fortnight.

Where the new funding formula results in a reduction of service funding, the NSW Department of Education and Communities will provide transitional funding for a period of up to two years. During this time Preschools will be expected to make adjustments to their service delivery to accommodate the funding changes.

Initial advice indicates that Eden Preschool will receive a funding increase. Sapphire Mobile and Bandara Children’s Services (Preschool program) will receive a funding decrease.

The following table shows the recommended use of Preschool fee subsidy Jan – June 2014:

 

NSW Department of Education and Communities Funding Category

BVSC 2013/ 2014

Scheduled Fee

BVSC 2014 Jan- June reduced fee

Aboriginal families (3 year old, or year before school)

$ 8.00

$ 2.00

Low Income Health Care Card holders (3 year old, or year before school)

$ 16.00

$ 10.00

Year before school Income below $61,000

$ 26.00

$ 25.00

Year before school Income above $ 61,000

$ 36.00

$ 35.00

New terms and conditions of funding. Unsubsidised fee category

Full cost

 

3 year old Non-Aboriginal child/ No Low Income Health Care Card.

$60.00

 

ISSUES

Social / Cultural

As a result of the changes being introduced, Council can continue to apply all funds received from the NSW Department of Education and Communities to provide reduced fees to most families enrolled to use Preschool in the period January – June 2014.

Families who receive funding subsidy are those with four year old children in their year before school, three year old Aboriginal children and three year old children whose families hold a Low Income Health Care Card. 

Under the terms and conditions of the new funding agreement three year old children who do not hold a Low Income Health Care Card and are not Aboriginal will no longer receive a subsidy for the use of Preschool.  They will be required to pay the full cost of Preschool.

Conclusion

The changes to terms and conditions of NSW Preschool funding will impact on all Preschool services and Bega Valley families using these services. Issues that will require future consideration include:

·  ongoing financial viability of rural preschool services

·  the social impact and effects of barriers to preschool for families with three year olds, particularly ‘at risk’ families and isolated families.

·  increased pressure and demand placed on alternate education and care services like long day care, family day care or casual use care programs

·  fee equity for families across types of education and care service programs

·  gaps in alternative types of education and care services in rural localities

·  factors that affect service viability and are specific to the provision of rural Preschool. These include fluctuations in birth rates, changes in access to employment and income, limited access to alternative services, limited transport and so on.

 

ATTACHMENTS

Nil

 

Recommendation

Council will notify all families impacted by the changes to the terms and conditions and advertise the changes to the terms, conditions and fees to be implemented as at 1 January 2014.

  

 


Council                                                                                                     27 November 2013

 

 

staff reports – Accessibility (infrastructure Waste and Water)

 

27 November 2013

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

11.1         Consultancy for Sewage Treatment Plant Capacity Assessment. 108

11.2         RFQ 47/13 Supply and Delivery of Two CCF Class 5 to 5.5 Loader/Backhoes..................................................................... 112

11.3         RFT 12001256 Effluent Disinfection Systems at Tura Beach and Eden Sewage Treatment Plants............................................... 115

11.4         Littleton Gardens LED Screen.................................................. 119

11.5         Bega Valley Local Traffic Committee Meeting 13 November 2013.............................................................................................. 124


Council 27 November 2013                                                                               Item 11.1

 

11.1.       Consultancy for Sewage Treatment Plant Capacity Assessment     

 

This report details the outcomes of tender evaluation, for preparation of an Options Report, for enhancement of sludge handling and high flow treatment capacity at Bega and Bermagui Sewage Treatment Plants (STP) and recommends award of the contract.

 

 

Group Manager Infrastructure, Waste & Water  

 

Background

The NSW Environment Protection Authority has required Bega Valley Shire Council to provide options reports, as part of Licence Pollution Reduction Programs (PRPs) as follows:

U1 Adequacy of Sludge Handling at Bega, Bermagui, Tathra, Tura, Merimbula and Eden STP

U1.1 The licensee must, by 31 December 2013:

a)      Provide the Manager, South East Region of the EPA, an Options Report with a recommended option, for:

i.        increasing sludge digestion capacity to ensure Grade B stabilised biosolids are produced when sludge production is at a peak during holiday periods

ii.       increasing sludge drying capacity to ensure adequate drying of the sludge during wet weather within a 6-month cycle

U2 High Flow Treatment at Bega and Bermagui STP

U2.1 The licensee must, by 31 March 2014:

Provide the Manager, South East Region of the EPA, an Options Report with a recommended option for managing high flows to the Bega and Bermagui STP.

The scope of works and background documents were lodged on the Local Government Procurement Website on 12 September 2013, with tenders closing on 14 October 2013. At the close of tenders, 18 documents had been sought, however only two tender submissions were received, from Tenix Australia Pty Ltd and GHD Pty Ltd.

ISSUES

Tenders

Tenderers were required to attend a compulsory site meeting on 27 September 2013, to gain an appreciation of site constraints and issues relating to STP process deficiencies.

Proposals were assessed based on best value to Council, in accordance with the following criteria and weightings.

Quotation value, 40% - including but not limited to:

·    The overall project cost

·    The makeup of the cost structure and its breakdown

·    Commercial terms and conditions

Experience, 30% - including but not limited to:

·    Demonstrated ability to complete similar projects

·    Experience of key personnel in completing similar projects

·    Quality systems and QA experience

Study methodology, 30% - including but not limited to:

·    Clarity and quality of the proposal

·    Recognition of the project objectives

·    Conceptual and project approach to the study

·    Program

A tender evaluation plan consistent with the NSW Local Government Tendering Regulations and the conditions of tendering was prepared and endorsed by the tender evaluation committee prior to the close of tenders.

The tender evaluation was carried out on the basis of best overall value for money to Council, with scoring and weighting of price and non-price criteria. The weighting ratio of price to non-price criteria was 40:60.

The tender evaluation process resulted in the preferred tenderer gaining the highest score (see confidential attachment).

Programme

The tight timelines for the provision of the Options Reports requires engagement of consultants as soon as practical.

Legal

Council is bound by conditions of NSW EPA licences to carry out the work in accordance with specific timeframes as detailed above.

Tendering has been carried out in accordance with NSW Local Government and Council requirements.

Environmental

The overall impact to the environment due to the proposed consultancy works is positive. The work will establish the preferred option for capital works needed to improve sludge handling and peak capacity at existing plants.

Sustainability

The proposed works will enhance the ecological sustainability of Council’s Sewage Treatment Plants.

Asset

The Options Reports are likely to recommend enhancement of existing treatment plant infrastructure. The precise capital works costs will be known as a result of the consultancy work.

Strategic

The Options Reports will support strategic objectives, by improving treatment plant performance.

Financial

Tendering, construction and commissioning costs are covered within the adopted Long Term Financial Plan and associated current budget for the Sewage Treatment Plant (STP) capacity enhancement.

The total tendered price of the recommended tenderer is less than 6% of the budgeted value for the enhancements for Bega and Bermagui STP for high flow treatment, but also covers the cost of carrying out the work to determine the best option for enhancement to sludge handling at each of the six main STP.

On this basis, the price offered by the preferred tenderer, given the scope of the work proposed and the extent of involvement of a team with demonstrated expertise in this specialised field represents value for money.

Resources (including staff)

Substantial staff resources have already been devoted to the project. Additional Council and Tenix operations staff input will be required, once the consultancy work commences.

Operational Plan

The consultancy will support Operational Plan outcomes.

Conclusion

Ratification of the engagement of the preferred tenderer is required to enable the Options Reports to be produced within the timeframe limits scheduled in the EPA Licences. The proposed fees for the design standards are considered value for money, being within the industry standard for percentage of project costs.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding consultancy for Sewage Treatment Plant capacity assessment (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the tender for the preparation of Options Reports for Enhancement of Sludge Handling at Bega, Bermagui, Tathra, Tura, Merimbula and Eden Sewage Treatment Plants and High Flow Treatment at Bega and Bermagui Sewage Treatment Plants to (insert) for the sum of $(insert), excluding GST.

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

3.      That all tenders be advised of Council’s decision.

 


Council 27 November 2013                                                                               Item 11.2

 

11.2.       RFQ 47/13 Supply and Delivery of Two CCF Class 5 to 5.5 Loader/Backhoes     

 

This report details the outcome of the evaluation of RFQ 47/13 for the purchase of two Loader/Backhoes and recommends award to the preferred supplier.

 

Group Manager Infrastructure, Waste & Water  

 

Background

As per Council’s plant and equipment long term financial plan, quotations were called via Local Government Procurement vendor panel for the supply and trade of Council’s two existing loader/backhoes that operate within the unsealed rural maintenance and construction no. 2 teams.

The loader/backhoes quoted, were of a CCF Class 5 to 5.5, with a machine weight in the vicinity of 7,500kg to 8,500kg.

At the close of the quotation period on 11 October 2013, quotations had been received from five separate companies, with one company presenting two model machines of different class and one company presenting a previous year model, manufacture 2012. Therefore, a total of seven machines were presented and all seven machines were included in the initial tender assessment.

The initial assessment was carried out and the assessment panel decided not to include the 2012 manufactured machine or the lower specification machine, offered by the companies that had quoted two models each.

All five companies who submitted quotations were given the opportunity to demonstrate their machines to Council’s two operators and fleet supervisor. Field and yard demonstrations were offered by all suppliers.

Quotations were analysed based on a weighted assessment process, using the following criteria:

Criteria

Weighting

Capital Purchase price

40%

Operational Assessment

25%

Mechanical Assessment

15%

Warranty Service and Parts (Inc. WH&S)

10%

Environmental

5%

Trade Value

5%


Although price variations existed between quotations, the selection criteria places significant weight on machine warranty, back up service and operational advantages (field demonstration).

The expected life span for the loader/backhoes with Council is a total of eight years or 8,000 machine hours.

ISSUES

Asset

The loader/backhoes play a vital part in Council’s maintenance and construction programs and have been demonstrated to be one of the most versatile machines within Council’s fleet.

The loader/backhoes are also fully utilised as twenty four hour quick deployment machines during natural disasters consisting of storms, floods, high winds and bushfires, carrying out immediate clean up and rehabilitation works.

Financial

The two loader/backhoes have a combined asset value in the vicinity of $450,000 and have a scheduled replacement life of eight years. Funding is available within the plant budget.

Conclusion

The assessment and field trials of five loader/backhoes determined the preferred machine to suit Bega Valley Shire Council’s operational needs and provide a high level of design and safety features aimed towards the operators.

The successful supplier’s machine has been recommended to Council on the basis of minimum whole of life costs, with maximum productivity and minimum breakdown time being a major factor to support Council’s maintenance and construction programs. The preferred machine meets all standards and required specifications.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding RFQ 47/13 Supply and Delivery of Two CCF Class 5 to 5.5 Loader/Backhoes (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the quotation from (insert) in relation to the purchase and trade of two CCF Class 5 to 5.5 loader/backhoes as described in RFQ 47/13, in the amount of $(insert) (including GST).

2.      That Council approve the trade of Council’s two existing Case loaders/backhoes to (insert) at a value of $(insert).

3.      That authority is delegated to the General Manager to execute all necessary documentation.

4.      That other suppliers be advised of Council’s decision.

 


Council 27 November 2013                                                                               Item 11.3

 

11.3.       RFT 12001256 Effluent Disinfection Systems at Tura Beach and Eden Sewage Treatment Plants     

 

This report details the outcome of evaluation of tenders for Effluent Disinfection Systems at Tura Beach and Eden Sewage Treatment Plants and recommends award of a contract for their construction.

 

 

Group Manager Infrastructure, Waste & Water   

 

Background

On 14 August 2013, Council resolved to engage NSW Public Works to carry out the tendering and construction management of effluent disinfection systems at Tura Beach and Eden Sewage Treatment Plants (STP).

As outlined in the report to Council of 14 August 2013, Bega Valley Shire Council is required by NSW EPA to design and install disinfection systems for the treatment of effluent at Tura Beach and Eden STP by 30 June 2014.

Tenders were called on 19 August 2013 and closed 1 October 2013, utilising the NSW Public Works E-tendering system.  Ten tenders were received as follows:

·    Aquatec-Maxcon Pty Ltd

·    Capital Civil Contractors Pty Ltd

·    CCB Envico Pty Ltd

·    Gongues Construction Pty Ltd

·    Grand Civil Pty Ltd

·    Kerroc Constructions Pty Ltd

·    Leed Engineering and Construction Pty Ltd

·    Murphy McCarthy and Associates Pty Ltd

·    Precision Civil Infrastructure Pty Ltd

·    Specialised Earthworks Pty Ltd

A tender evaluation plan consistent with the NSW Local Government Tendering Regulations and the Conditions of Tendering was prepared and endorsed by the tender evaluation committee prior to the close of tenders.

The tender evaluation was carried out on the basis of best overall value for money to Council, with scoring and weighting of price and non-price criteria. The weighting ratio of price to non-price criteria was 60:40.

 

Non-Price Criteria

Weightings

Tenderers demonstrated capability and experience

10%

History and experience of proposed personnel

10%

Previous contractual performance

10%

Clarity and completeness of tender submission

5%

Program

5%

Total non-price weighting

40%

 

The recommended tenderer must also meet mandatory criteria, including:

·    Satisfactory past performance, including satisfactory Work Health and Safety and environmental management,

·    Registration with BNG conserve, or the ability and commitment to achieve registration; and

·    Satisfactory financial capacity.

ISSUES

All tenders were received via the NSW Government E-tendering system and were received prior to the close of tenders date.

One tender did not include a completed tender form and did not include costs on the schedule of provisional quantities. The tender evaluation plan stated that submission of a completed tender form and schedules containing prices and rates were essential requirements. As these were not provided, this tender was passed over and not considered further.

The information submitted by the tenderers was evaluated against the specified non-price criteria, in accordance with the tender evaluation plan.  A summary of the agreed scores for the non-price criteria is included in the confidential attachment to this report.

Each of the tenders contained qualifications and departures and did not fully meet the requirements in the request for tender documents.

The tender prices were compared on the basis of assessed tender amounts, calculated by adding the assessed values of qualifications and departures to the original tender amounts. The assessed tender amounts were used to calculate the weighted and normalized price scores, using the method set out in the tender evaluation plan.

Total scores were obtained for each of the nine tenders, by adding the normalized total non-price score and weighted price score, as shown in the spreadsheet, which is also incorporated into the confidential memorandum to Councillors.

The tenderer with the highest total score was identified by this process.

Programme

The tight timelines for the construction of the effluent disinfection systems imposed by NSW EPA require engagement of the preferred tenderer without delay. The engagement will ensure that the plant upgrades are constructed within the required timeframes.

Legal

Council is bound by conditions of NSW EPA licences to construct and commission the disinfection systems.

Tendering has been carried out in accordance with NSW Local Government and Council requirements.

Environmental

A Review of Environmental Factors has been completed for the proposed works. The overall impact to the environment due to the proposed works is positive, providing disinfection to effluent to be reused on golf courses and also to effluent discharged to ocean and dune exfiltration systems.

Sustainability

The proposed works will enhance the ecological sustainability of both reuse schemes.

Asset

The proposed disinfection systems include both chlorination and U.V. equipment, as well as dedicated effluent reuse storage tanks, to maximise the availability of effluent of a suitable quality for reuse both on the STP sites and the neighbouring golf courses.

The disinfection systems have been designed to have common equipment to other Council operated chlorination disinfection systems, allowing for common spare parts where possible.

The new assets will be operated under the existing contract for Council’s sewage treatment plant operations.

Strategic

The disinfection works at both sewage treatment plants are identified in Council’s Long Term Financial Plan (LTFP).

Financial

Tendering, construction and commissioning costs are fully covered within the adopted LTFP and associated budget. The total funds needed for the work will be sourced from a combination of reserve and current budget allowance.

Resources (including staff)

Substantial staff and design consultant resources have been devoted to the project. Construction works will be project managed by NSW Public Works.

Operational Plan

The capital works will support Operational Plan outcomes.

Conclusion

The tender evaluation process identified the preferred tenderer. Acceptance of the preferred tender will allow construction work to proceed, to meet the timeframe limits scheduled in the NSW EPA Licences. The tendered amount is within the current budget for the project, as detailed in the LTFP.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding evaluation of tender for effluent disinfection systems at Tura Beach and Eden Sewage Treatment Plants (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the tender from (insert) for construction of chlorination facilities and associated works at the Tura Beach and Eden Sewage Treatment Plants, for the recommended tender amount of $(insert) (including GST).

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

3.      That all tenderers be advised of Council's decision.

 


Council 27 November 2013                                                                               Item 11.4

 

11.4.       Littleton Gardens LED Screen     

 

This report sets out the background and makes recommendation for the installation of an LED Screen in Littleton Gardens.

 

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 be constructed in stages, with Stage 1 to be constructed during the 2012/2013 financial year, with other stages to follow.

The approved Littleton Gardens Master Plan has been designed, detailed and documented by a specialist design team, headed by Landscape Architect Ted Dexter and consultants Tasman Engineering and GHD, among others.

The Stage 1B works were awarded in March 2013 after public tender and have reached practical completion as of 8 November 2013.

Further development and detail design of the numerous individual elements of the Littleton Gardens Master Plan have been and continue to be identified, specified and resolved. These elements include the water feature, drinking fountain, lighting, irrigation and the associated technical aspects involved, including power, water and controls. Other elements include specific park furniture, signage, paving, play sculptures, public art, soft landscaping, as well as the appropriate reinstatement of plaques and memorials.

Another element which could be added, bringing this central space of Bega (the place of meeting) up to date and with a specific view to the future, is the possible inclusion of an LED screen.

To enhance celebrations, sharing of events and communication, it is proposed to mount a 4 metre wide x 2 metre high LED screen on the southern wall of the “OfficeWorks” building, facing into the park. The owner of this building has been approached and is in agreement with the proposal. Technical and administrative aspects have been addressed and resolved.

Proposals were invited from five experienced and specialist screen suppliers, based on a general performance specification. Four submissions were received, with quoted prices all within a fairly narrow range, but with varying technical performance capabilities.

ISSUES

Benefits to Council

Numerous local Councils in Australia and overseas have installed external LED screens in civic spaces, including Chatswood, Melbourne and Perth. Bega Valley Shire Council can enable the local community not only to tap into, but also contribute to this network, via what is described as “...the dynamic communication tool for the 21st Century”. LED screens can be networked to enable simultaneous and reciprocal broadcast of common and customised content.

The major benefit to Council is to provide a powerful and flexible tool for community communication and identity and to practically enable and enhance the meaning of Bega as the place of meeting.

Not only does this tool enable the public space broadcast of local and community sourced content, but also the display of material sourced worldwide. The screen would also enable the Bega Valley community to reciprocally promote the area via the International Urban Screens Association.

In addition, there is the commercial opportunity to generate revenue through advertising and promotion, as well as renting the use of the screen to qualified users.

Benefits and Opportunities to the Community

General benefits:

·    Introduction of vibrancy and sense of excitement into the central community space

·    Practical tool for enhanced community communication and sharing of community celebration

·    The presentation of national and international events of importance and interest right into the centre of the community.

Specific capabilities and opportunities:

·    Promotion of local events and activities

·    Live or rebroadcast presentation by Council, local clubs, groups and associations of local events, such as sports or the arts. For example, Carols by Candlelight in the Park (linked live and simultaneous with other similar events), football grand final under the stars, charity events such as film nights

·    Live or recorded presentation of state, national and international events

·    Coordination of content with Civic Centre events

·    Digital signage

·    Community notices

·    Council communications.

Technical

The LED screen will employ up to date technology, with simple PC accessed controls within Council’s offices, via TCP/IP interface, utilising point to point radio to extend Council’s existing WAN (Wide Area Network).

There will be access to present online content and other electronic media content. Informal discussions with the ABC make the broadcast of such high quality material as “ABC 24 hours” a possibility. However community group input into content is the preferred model, managed by a Council booking system.

Managerial

Council is able to remotely control all content, quantity, quality and timing of all screened material from dedicated work station(s) within the Council offices. Draft procedures have been compiled for Council’s Leadership Executive Group’s endorsement, incorporating editorial protocols, times of operation, editorial policy and approval authority. The documents include “Screen Policy and Procedures” and “Screen Content and Usage/Guide”. The screen will be managed by an existing Council team, who will be responsible for the promotion and management of the screen to meet community expectations, optimise the potential and benefits and ensure that operations meet the requirements of the approved procedures.

Design

The screen has been selected and located to complement the spatial layout of the park as designed and to take advantage of the current arrangement of elements. The screen will be facing south, which is the ideal orientation. The screen will be mounted to take advantage of the existing blank wall on the “OfficeWorks” building. Services access is conveniently available within the building structure and the Main Switch and control boxes are immediately below. Viewing distances are ideal, between six metres to 30 metres plus - the screen configuration can be specified to match the ideal viewing distance. Spectators will be able to sit on paved or grassed areas, on the sitting stones and/or under shade within the viewing area in front of the screen. Over 500 people will be comfortably accommodated within the viewing area.

Security

Both electronic and physical security has been considered. After an assessment, it is not recommended at this stage to employ CCTV as a security measure, but rather to install a roll down security shutter, which will enclose the screen when not in use. Remote control of the security shutter from within Council offices will be available.

Electronic content security will be achieved by the existing Council ICT security systems and software protection.

Any future proposal to utilise the CCTV option will be presented to Council with linked policy and procedure prior to uptake.

Risks and Liability

Editorial control of content, according to approved procedures, will ensure no unacceptable, offensive or libellous material is broadcast.

Environmental

The screen will operate only as set down in the procedures, to ensure that sound and image into the park is only projected at acceptable times and levels.

Legal

Editorial control of content, according to approved procedures, will ensure no material is broadcast which may breach copyright. Arrangements with the owner of the “OfficeWorks” building will ensure security of tenure for the screen and transferability and protection of the owner’s rights.

Financial

The Stage 1 works have been achieved within the allocated budget and funds are available within the budget for the LED screen and security shutter.

Conclusion

The advantages to the community of the LED screen, as part of the Littleton Gardens redevelopment, are numerous. The cost of the screen is within the Stage 1 budget. The recommended supplier represents the best value on the basis of inclusions in the quoted price, commercial compliance and better when comparing the qualitative factors.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding Littleton Gardens LED Screen (Councillor Only) (Confidential)

 

Recommendation

1.      That Council approve the LED screen as element in the Littleton Gardens Redevelopment.

2.      That Council accept the quotation from (insert) for the supply and installation of an LED screen to Littleton Gardens for the contract sum of $(insert) plus GST.

 


Council 27 November 2013                                                                               Item 11.5

 

11.5.       Bega Valley Local Traffic Committee Meeting 13 November 2013     

 

This report recommends that Council adopt the advice of the Bega Valley Local Traffic Committee meeting held on 13 November 2013.

 

 

Group Manager Infrastructure, Waste & Water   

 

Background

The Bega Valley Local Traffic Committee held a meeting on 13 November 2013, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.

 

ATTACHMENTS

Nil

 

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 13 November 2013 and approve the following:

Far South Coast National Show, Bega – 14, 15, 16 February 2014

1.      That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 14, 15 and 16 February 2014 for the Far South Coast National Show.

2.      That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street, be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 14, 15 and 16 February 2014 for the Far South Coast National Show.

3.      That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5.      That organisers fully implement an approved Special Event Transport Management Plan.

6.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

7.      That organisers have written Police approval prior to conducting the event.

Bermagui Seaside Fair Street Parade – 8 March 2014

1.      That, subject to conditions, Scenic Drive, Bermagui from Endeavour Point Headland be temporarily closed from 9.30am to 11.30am on Saturday, 8 March 2014 for the Bermagui Seaside Fair street parade.

2.      That, subject to conditions, Lamont Street, Bermagui between the intersections of Montague Street and Wallaga Street be temporarily closed from 9.30am to 11.30am on Saturday, 8 March 2014 for the Bermagui Seaside Fair street parade.

3.      That the proposed traffic arrangements involving the temporary closure of Scenic Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair street parade on Saturday, 8 March 2014, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5.      That organisers fully implement an approved Special Event Transport Management Plan.

6.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

7.      That organisers have written Police approval prior to conducting the event.

Laneway between Cabarita Place and Market Street, Merimbula – No Right Turn

1.      That a No Right Turn sign be installed at the end of the laneway, at its intersection with Market Street, Merimbula.

2.      That a No Right Turn sign be installed on Market Street, Merimbula on the southbound lane, north of its intersection with the laneway.

Signage for New Cycleway Crossing Bermagui

That appropriate warning signage be installed at the cycleway crossing in Bermagui, in accordance with RMS Guidelines.

Tathra Wharf to Waves Bike Ride – 18 January 2014

1.      That, subject to conditions, the on-road components of the Tathra Wharf to Wave Bike Ride on Saturday, 18 January 2014 be approved.

2.      That the proposed traffic arrangements for the Wharf to Wave Bike Ride on Saturday, 18 January 2014, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.      That organisers fully implement an approved Special Event Transport Management Plan.

5.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.      That prior to conducting the event, organisers have written approval from NSW Police, National Parks and Wildlife Service and Forests NSW.

7.      That the organisers advertise the change to traffic conditions for the event.

8.      That local emergency services and transport operators be notified prior to the event.

Intersection of Merimbula Drive and Illawong Heights, Merimbula – No Stopping Zone

That a No Stopping Zone be installed on the western side of Illawong Heights, Merimbula for a length of 15 metres from its intersection with Merimbula Drive.

  

 


Council                                                                                                     27 November 2013

 

staff reports – leading organisation (governance and strategy)

 

27 November 2013

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

12.1         Merimbula Big Game & Lakes Angling Club and Marine Rescue NSW - Licence to occupy part Spencer Park Reserve at Merimbula .............................................................................................. 128

12.2         Findings and recommendations from the Independent Review regarding the Code of Conduct Investigation of the Acting General Manager
.................................................................................................... ..............................................................................................
139

12.3         Certificate of Investments made under Section 625 of the Local Government Act 1993.............................................................. 142

12.4         Allocation of Projects from Southern Phone Company dividend.. 147

12.5         Nomination Sea Change Taskforce executive committee of management........................................................................... 150

12.6         2014 Citizen of the year and young citizen of the year............... 152

12.7         2012-13 Annual Report for publishing....................................... 154


Council 27 November 2013                                                                               Item 12.1

 

12.1.       Merimbula Big Game & Lakes Angling Club and Marine Rescue NSW - Licence to occupy part Spencer Park Reserve at Merimbula       

 

The Licence agreement for the occupation of part Reserve 63203 at Spencer Park Merimbula by the Merimbula Big Game & Lakes Angling Club is due for renewal. 

 

Business and Technology Manager   

 

Background

Merimbula Big Game & Lakes Angling Club (MBG&LAC) has occupied a section of Spencer Park (R63203) Reserve at Merimbula since the construction of their clubhouse facility almost 30 years ago.  The Spencer Park Reserve is Crown Land, the affairs of which are managed by the Bega Valley Shire Council. 

Council resolved on 10 February 1998 to enter into a further ten year licence to the Club, which expired on 31 December 2009.  This licence was for the occupation of a 1,390m2 section of the Spencer Park Reserve and provided the option for a further term of 10 years.  MBG&LAC advised in late 2009 that they wished to exercise the option; however several issues had arisen around that time which needed consideration prior to any further agreement being entered into.

The licence agreement that expired in December 2009, provided that any further licence should be based on current market rental and as such a registered valuer was engaged by Council to carry out a rental valuation.  The assessed rental was based on land value only, but provided for a substantial increase from the licence fee currently paid by the Club.  MBG&LAC disputed the increase and negotiations between Council staff, Crown Lands and the Club have been ongoing since that time.  As part of the previous licence agreement, the annual licence fee was heavily rebated to reflect the community benefit of the facility, as well as the following facilities:-

·    Royal Volunteer Coastal Patrol radio room

·    Royal Volunteer Coastal Patrol storage room

·    Public toilet and shower facilities

·    Meeting rooms available for community organisations

·    Improvements at Spencer Park

·    Public access to club jetty.

 

Any savings in rent paid by the Club were to be returned to the community by way of improvements at Spencer Park or services that operate from the clubhouse facility.

Approval was given for the fishing club to be built on public land at Spencer Park in 1985, with a condition of consent at that time being that the Royal Volunteer Coastal Patrol must be accommodated in the building as it offered a public benefit through its radio and search and rescue charter.  Historically, members of the MBG&LAC provided the coastal patrol service, however this function was eventually taken over by the Royal Volunteer Coastal Patrol and operated by volunteers.  Marine Rescue NSW (formerly Royal Volunteer Coastal Patrol) have occupied a small area of office space on the upper level of the facility for the purposes of a radio room, along with a storage area on the lower floor for their rescue equipment.  This occupancy arrangement is based on a verbal agreement between Marine Rescue and the Club.  Marine Rescue pay a contribution of $125 per month to the Club, plus an additional ‘winter levy’ of $200 per annum to assist with the cost of heating their office area during the colder months. 

MBG&LAC wrote to Marine Rescue on 2 February 2010 to advise that their committee had agreed to increase Marine Rescue’s contribution to $250 per month.  Marine Rescue contacted Council to dispute the 100% increase and upon further investigation, it became apparent to both Council and Crown Lands that the previous licence agreement terms did not accurately reflect the current arrangements and that a new agreement should be prepared which would address the responsibilities of both occupants of the building.  Negotiations between all parties have been on-going since that time.    

ISSUES

Legal

An on-site meeting was arranged and held at the facility on 31 May 2011.  The meeting was attended by members of MBG&LAC (as well as their legal representation), Council property and assets staff and the Manager South Coast Area of Crown Lands.

The outcome of that meeting was:-

·    That an interim occupancy arrangement be entered into (on a month to month basis) until new licence agreements could be finalised

·    That MBG&LAC enter into a head licence of the facility, with a sub-licence to Marine Rescue NSW

·    That the head licence include a copy of the sub-licence terms as well as a Building Asset Management Plan which detailed contributions required from both parties to assist with building maintenance and outgoings;  and

·    That the area licensed under the head licence be reduced in the new agreement to 385m2, being the footprint of the building, gantry and access to jetties only.

The interim occupancy arrangement commenced on 2 June 2011.

Policy

Crown Lands staff advised Council that their Policy on Rebates for Crown Land Tenures should be used in this instance and not Council’s Rental Rebate & Assessment Procedure.  As Marine Rescue services are classified as a Category 1 - Community Volunteer Service Group under the Crown Lands policy, they are only required to pay the minimum annual licence fee.  Under this same policy, MBG&LAC are considered as a Category 2 - Single Interest and Sporting Group and are entitled to a 50% rebate off current market rental. 

Asset

As part of the on-going negotiations between MBG&LAC, Marine Rescue, Council and Crown Lands it was agreed that in order to better define space occupied within the building, Marine Rescue would move their radio room to the lower floor of the facility and submit a development application to enclose the wet weather picnic area underneath the building to provide additional space for Marine Rescue training sessions, kitchenette and alterations to existing toilet/shower amenities. The development application was advertised for an extended period of four weeks, with three submissions received objecting to the proposal.  The Development Application was recommended for approval and consent issued on 20 March this year.  Marine Rescue has been successful in obtaining the funding necessary to complete the project, with construction to commence over the coming weeks.

Also as part of the construction works, the section of the building occupied by Marine Rescue will be separately metered for electricity and water usage and there will no longer be any areas of the building shared in common between the two parties.  A Building Asset Management Plan (BAMP) has been prepared by both parties with the assistance of Council staff (copy attached).  The following contribution percentage was determined based on floor space ratio of the building occupied:

Merimbula Big Game & Lakes Angling Club                63%
Merimbula Marine Rescue                                           37%

Each party will be responsible for all reactive maintenance within their individual licensed areas, with contributions to Building Asset Management Accounts to cover any external maintenance, rates, inspections and charges.

Consultation

Crown Lands staff have been consulted at every stage of this process as Minister’s consent to any new occupancy arrangements is required.  The in-principle support of the Minister for Lands has been granted, pending Council resolution to the proposed new licence and sub-licence agreements.

MBG&LAC and Marine Rescue have both agreed to the terms and conditions proposed in the draft Licence and Sub-Licence agreements and have worked together to finalise a suitable Building Asset Management Plan.

Financial

The annual licence fee payable under MBG&LAC’s previous agreement was $900 per annum, with a substantial rebate of $800 per annum returned to the Club in lieu of the community benefit provided by the facility as detailed earlier in this report. 

It was considered that this was not an equitable arrangement going forward, as the licensee of the site would effectively only be paying a net rental to the Reserve Trust of $100 per annum, yet sub-letting space within the building to Marine Rescue for $1,500 per annum, with a proposed increase to over $3,000 per annum.

It is also recommended that no further rebate from Council should apply, as the public toilet and shower facilities on the lower level of the building have not been available for public use for many years, the Club no longer maintain Spencer Park and Marine Rescue NSW now provide the coastal patrol service – with their annual sub-licence fee reflecting this contribution to the community. 

Based on the market rental valuation obtained back in 2010 (with the addition of CPI increases each year since then), the initial head licence fee for the reduced licence area occupied of 385m2, equates to $2,028.95.  As per the advice of Crown Lands, the Club are entitled to a 50% rebate off market rental due to their sporting group status, which further reduces the annual licence fee for the first year of the term to $1,014.48 (plus GST).

As a Category 1 organisation under Crown Lands’ policy, Marine Rescue is only required to pay the statutory minimum annual licence fee, which is currently set at $444 (plus GST).  The sub-licence fee is payable to the head licensee and is to be used to help maintain the facility.

Council staff maintain the surrounding reserve at Spencer Park, however there is no impost on Council finances to maintain the clubhouse building.  Any licence fees payable to the Reserve Trust for the use of Council managed Crown reserves are to assist with maintenance and/or improvement costs associated with the reserve. 

Resources (including staff)

Negotiations in this matter have broken down on many occasions and have been on-going now for almost four years.  Substantial staff resources have therefore been deployed trying to resolve occupancy arrangements going forward that meet with the approval of all parties involved.

Management of the new head licence agreement once executed, will also require staff resources during its term.

Conclusion

The future occupancy arrangements for this site have taken longer than anticipated to resolve, however it is felt that the terms as proposed are fair and equitable to both Merimbula Big Game & Lakes Angling Club and Marine Rescue NSW and should serve both organisations well into the future, without the requirement for further involvement by Council.

The support of Council is now being sought in order to finalise the agreements. 

 

ATTACHMENTS

1View. Building Asset Management Plan

 

Recommendation

1.         That Council, as Reserve Trust Manager of Spencer Park (R63203) Reserve, enter into a new 10 year licence agreement with the Merimbula Big Game & Lakes Angling Club for their continued occupation of part Spencer Park Reserve at Merimbula on the terms proposed.

2.         That Council, as Reserve Trust Manager, also approve the sub-licence to Marine Rescue NSW for their continued occupation of the building on the terms proposed.

3.         That authority be given for the Mayor and General Manager to execute the Licence and Sub-Licence agreements.

4.         That in accordance with the requirements of the Crown Lands Act, Council obtains Minister’s consent to enter into the Licence and Sub-Licence agreements.

 


Council

27 November 2013

Item 12.1 - Attachment 1

Building Asset Management Plan

 


 


 


 


 


 


Council 27 November 2013                                                                               Item 12.2

 

12.2.       Findings and recommendations from the Independent Review regarding the Code of Conduct Investigation of the Acting General Manager
   
     

 

To provide Councillors with the outcomes and recommendations provided by the Independent Appointed Reviewer regarding the Conduct Review of the Acting General Manager following the complaint lodged by the Bega Valley Shire Residents and Ratepayers Association (BVSRRA).

 

Mayor   

 

Background

On 23 September 2013 Mr John Richardson, as Secretary of the Bega Valley Shire Residents and Ratepayers Association (BVSRRA) lodged a formal complaint against the Acting General Manager, Ms Leanne Barnes.  The complaint referred to the decision made by the Acting General Manager to provide correspondence with to the  BVSRRA in hard copy mailed letters rather than by email.  The BVSRRA alleged this action was a breach of the Model Code of Conduct. As Councillors had been advised of the action and the Mayor supported the approach, the complaint could not be investigated by the Mayor and was required to be independently investigated.

The complaint was forwarded to Council’s Acting Public Officer and in accordance with Section 5.25 of the Procedures for the Administration of the Model Code of Conduct, an independent Conduct Reviewer, Mr Richard Colley, was engaged on 9 October 2013 to conduct a preliminary investigation into the BVSRRA’s allegations.

ISSUES

Mr Colley conducted his investigation by an examination of the written complaint, other documentation pertaining to BVSRRA and Council’s recent (written and electronic) correspondence.  Mr Colley conducted interviews with Council’s Mayor; Acting General Manager and the Secretary of BVSRRA and President of BVSRRA.

In his report Mr Colley noted an example of communications revealed incoming e-mails from the Association to Council were separated by intervals of 14 minutes, 14 minutes, 43 minutes, and 1minute all on the same day. E-mails from the Association showed similar time intervals two days earlier.

The investigation report outlines the following:

Initial Assessment:

Based on the above interviews and the documentation reviewed, this complaint cannot be considered as breaching Part 3.1 (General Conduct) of the Model Code of Conduct.

The complaint could not be considered to contravene the Act, the associated Regulations or even Council’s policies.

It could not be considered detrimental to the pursuit of the Charter of the Council. 

It is not considered improper or unethical.

It is also not considered relevant to 3.1, d ,e, f, or g, of the Code of Conduct.

Under Part 6.18 of the Procedures, the conduct Reviewer may only determine to investigate, or refer the matter to a Conduct Review Committee if it is considered a Code of Conduct complaint, is sufficiently serious, and could not be solved by alternative means.

Findings and Recommendations of the investigation:

Under Part 6.10 of the Procedures for the Administration of the Model Code of Conduct it is found that no action is to be taken with regard to this complaint.

However in interviews with the Mayor and A/g General Manager of Bega Valley Shire Council together with the President and Secretary of the BVSRRA, there was a unanimous recognition of tension between the two organisations.  There was also agreement by all parties that a form of structured and minuted meetings between the two parties may assist in improving the ongoing relationship.

Although the timing of such meeting would be left in the hands of the two parties it is recommendation of the Complaint Reviewer that the meeting should be held quarterly following the regular meetings of the BVSRRA thus allowing the resolutions of the Association relating to Council to be tabled in an orderly fashion.

Financial

The cost of the investigation is $4,383.00.

Funding source

 

Amount

Governance and Executive : Operating Costs : Legal Expense

$

4383.00

 

ATTACHMENTS

1.         Confidential Report - Independent Review regarding Code of Conduct complaint  (Councillor Only) (Confidential)

 

Recommendation

Council accept the findings of the investigation and endorse the recommendation to establish a structured and minuted quarterly meeting with BVSRRA.

 


Council 27 November 2013                                                                               Item 12.3

 

12.3Certificate of Investments made under Section 625 of the Local Government Act 1993     

 

To report the details of Council’s investments during the month of October 2013.

 

 

Business and Technology Manager   

 

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 4 September 2012.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $54,500,100. These funds can be broken into the following Funds:

Table 1: Investments by Fund

 

Funding source

August 2013

September 2013

October 2013

General Fund

$38,906,634

$39,906,634

$26,590,826

Water Fund

$8,749,118

$8,749,118

$13,022,303

Sewer Fund

$5,844,348

$5,844,348

$10,886,971

 

In addition there is $2,977,767.17 in uninvested funds in Councils operating account.

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

Table 2: Restricted Cash and Investment by Fund

 

Funding source

External Restrictions ‘000

Internal Restrictions ‘000

Unrestricted ‘000

Total

‘000

General Fund

$9,800

$18,196

-$3,952

$24,044

Water Fund

$4,228

$8,794

$1,617

$14,639

Sewer Fund

$1,945

$8,942

$3,908

$14,795

 

The restrictions reported in Table 2 relate to 30th of June 2013.

 

Council formally calculates its restrictions as at 30th of June each year. These restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

 

There have been expenditures between 1st of July – 30th of October that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

 

 

ATTACHMENTS

1View. Investment Report October 2013

 

Recommendation

1.      That Council receive and note the attached report indicating Council’s Investment position.

2.      That Council note the Certificate of the Responsible Accounting Officer.

 


Council

27 November 2013

Item 12.3 - Attachment 1

Investment Report October 2013

 


 


Council 27 November 2013                                                                               Item 12.4

 

12.4.       Allocation of Projects from Southern Phone Company dividend     

 

As previously reported to Council, Southern Phone Company have declared a dividend $2,700,000 for 2013 of which $188,456.15 has been paid to Bega Valley Shire Council. This report seeks endorsement from Council as to the projects that the dividend is allocated to.

 

Business and Technology Manager   

 

Background

At the Council meeting on 6 November 2013 Council received a report advising of a dividend paid from the Southern Phone Company of $188,456.15. Council requested that a report be presented to it outlining possible projects that could be funded by this dividend.

Council specifically requested that the projects resolved by Council on 3 July 2013 to be listed for funding through the Regional Development Australia Funding round 5 program which is now not proceeding be included in the list of possible projects.

The projects resolved on 3 July 2013 were:

Project

Amount

Sapphire Coast Marine Discovery Centre

$300,000

Short Point facilities

$50,000

Old Bega Racetrack facilities

$31,000

Bega Library Air Conditioning

$60,000

Tathra Beach Steps

$20,000

Cobargo Cemetery fence

$10,000

Total

$471,000

 

It was also resolved that if any of the above projects were rejected by the RDAF panel that the Dickinson Sportsground shed and the Lake Curalo Walking Track be substituted. Dickinson Sportsground Shed is now approaching full funding with two outstanding funding applications to be announced shortly and tenders have been called for work to commence. If neither of the grants are successful then the project will require $50,000 funding to complete.

The opportunity to also consider the inclusion of a new project relating specifically to technology links would also seem appropriate for consideration.

Council holds its disaster recovery site at the Maher St depot in Bega. All of Council’s electronic data is constantly backed up to this location. With the proliferation of electronic devices over the past few years and the expected continued expansion of electronic services into the future Council is beginning to experience significant limitations on its ability to adequately backup its data.

Council has used dedicated wireless links in the past to secure point to point data transfers from the main administration building to the Maher St depot. This method of data transfer has served Council well, but is nearing the end of its useful life. As the township of Bega grows and multi-story buildings begin to be erected, the point to point system can be impacted by obstructions to the line of sight. This has already occurred between Council buildings with the construction of the Sapphire Market Place. In addition, the wireless transfer method is limited in the data transfer rates that can be achieved. To put this in context, ten years ago all of Council’s data was held within 32 GB and was backed up in full each night. Today, Council’s data takes up 6400 GB and a full back up would take over 5 days on current technology. The backup schedules have been amended to perform incremental backups only (backing up only data that has been altered) each night. This process has recently been the focus of an Internal Audit with Council’s Internal Audit Committee. While the findings showed the current process as adequate, the nature of the risk means that a stronger solution for the future process needs to be considered.

Council’s IT staff has been investigating newer and alternate methods of achieving adequate data recovery and business continuity technology for some time. An opportunity has presented itself recently that would allow Council to lay dedicated fibre optic cabling from the Bega Administration building through to the Maher St Depot. Fibre optics would allow speed of light data transferrals between sites, eliminating data lag and ensuring Council’s data recovery processes into the long term future. Under normal circumstances this project would cost in the order of $200,000. However recently Council was able to investigate a solution with the Water and Sewer section that uses decommissioned water pipes to house the fibre optic cabling, significantly reducing the cost - as most trenching would be eliminated. The estimated cost has subsequently been reduced to approximately $80,000.

Financial

Income from the dividend from Southern Phone has not been included in the 2013/14 Budget as the value varies annually. Once resolved by Council, the revenue will be recorded in the December Quarterly Budget Review Statement along with the corresponding project/s being funded by the dividend.

The dividend is non-recurrent, in that the value can vary greatly from year to year. Council staff advise accordingly that only non-recurrent project/s be funded. All of the projects listed above are classed as non-recurrent.

 

 

ATTACHMENTS

Nil

 

Recommendation

1.         That Council resolve the particular projects to be funded from the dividend payment from Southern Phone Company to a value of $188,456.15.

2.         That Council publicly acknowledge the projects funded by the dividend through the media and on Council’s website and appropriate on-site signage dependent on the project.

 


Council 27 November 2013                                                                               Item 12.5

 

12.5.       Nomination Sea Change Taskforce executive committee of management     

 

Bega Valley Shire Council is a member of the National Sea Change Taskforce representing the needs of coastal councils. The local representative to the executive committee of management is not renominating and a nomination has been lodged for Council’s ratification.

 

Acting General Manager  

 

Background

The annual general meeting for the Sea Change Taskforce of which Bega Valley Shire Council is a member will be held in Rockingham Western Australia on 28 November 2013. Council received notice of the AGM and call for nominations to the executive committee of management. NSW south coast area has previously been represented by Cr Fergus Thompson from Eurobodalla. The other NSW representative has nominally been from the north of the State. Cr Thompson indicated to Bega Valley that he is not nominating for another term and Eurobodalla Council contacted Bega Valley noting that they would support a Bega Valley nominee.

Cr Britten has previously indicated his interest in this group attending the annual conference in 2013 and was again supported by Council to attend the 2014 conference. Cr Britten’s name has been forwarded as required by 15 November to the secretariat.

ISSUES

Policy

Council will need to endorse Cr Britten’s nomination prior to the AGM to be held on 28 November 2013.

Financial

Council pays an annual subscription to the National Sea Change Taskforce. The executive management committee meets predominantly via teleconference with face to face meeting expenses met by the Taskforce.

Conclusion

The National Sea Change Taskforce has been a major research and advocacy body representing coastal councils since their establishment ten years ago. They provide lobbying to government and provide Coastal Council’s a united voice in presenting the challenges faced by coastal Councils

 

ATTACHMENTS

Nil

 

Recommendation

That Council endorse the nomination of Cr Britten as a candidate for election to the National Sea Change Taskforce executive management committee as a NSW representative.

 


Council 27 November 2013                                                                               Item 12.6

 

12.6.       2014 Citizen of the year and young citizen of the year     

 

Council has advertised for nominations for the 2014 Bega Valley Shire Citizen and Young Citizen of the Year Awards and consideration should now be given determine awardees.

 

 

Acting General Manager  

 

For many years Council has selected a Bega Valley Shire Citizen and Young Citizen of the Year in recognition of outstanding community service or achievement.  These prestigious awards are presented as part of the Shire’s official Australia Day Ceremony on 26 January each year. 

Advertisements were run over several months through all local media outlets, on Council’s website and via media releases. Contact was made with local schools and other organisations to encourage submission of nominations.  This year nominations closed on 29 November, 2013.   Copies of the nominations have been provided to Councillors as a confidential attachment.

ISSUES

The Australia Day Council (ADC) of NSW forwards to Councils any unsuccessful local nominees for the Australian of the Year.  Under ADC guidelines, Council may include these nominations to the national award with the local citizen awards.  No nominations that qualify have been received from the ADC at the time of writing this report.

There was one late nomination from the Bega Valley Shire 2012 Citizen of the Year Award that has been included for consideration for the 2013 Citizen of the Year Award.

Conclusion

The Citizen and Young Citizen of the Year awards are an important way Council recognises individual contributions and achievements by members of the local community.

 

ATTACHMENTS

1.         Memorandum - Citizen and Young Ctizen of the Year Nominations (Councillor Only) (Confidential)

 

Recommendation

1.      That Councillors note the name of Bega Valley Shire Citizen of the Year for 2014.

2.      That Councillors note the name of the Bega Valley Shire Young Citizen of the Year for 2014.

3.      That the successful nominees be advised they will be presented with their awards at the Australia Day ceremony to be held in Bega on 26 January 2014, and that announcement of the awardees will be kept confidential until the official Australia Day program is released.

 


Council 27 November 2013                                                                               Item 12.7

 

12.7.       2012-13 Annual Report for publishing     

 

Council’s 2012/13 Annual Report is presented for the information of Councillors. The report is required to be presented to the Division of Local Government by 30 November 2013.

 

Acting General Manager   

 

Background

Each year Council is required to produce a comprehensive annual report that provides details on the organisation’s activities and finances over the period of the previous financial year. The Annual Report is one of the key points of accountability between Council and our community. Under the Integrated Planning and Reporting framework, a number of changes have been made to annual reporting requirements. The Annual Report focuses on Council’s implementation of the Delivery and Operational Plan, and also includes some information that is prescribed by the Local Government (General) Regulation 2005. The NSW Division of Local Government provides guidelines for the development of the Annual Report and requires a copy of the report for its records

ISSUES

Legal

 

For the purposes of section 428 (4) (b) of the Act, an annual report of a council is to include the following information:

§ Details (including the purpose) of overseas visits undertaken during the year by councillors, council staff or other persons while representing the council (including visits sponsored by other organisations).

§ Details of the total cost during the year of the payment of the expenses of, and the provision of facilities to, councillors in relation to their civic functions (as paid by the council, reimbursed to the councillor or reconciled with the councillor), including separate details on the total cost of each of the following:

§ the provision during the year of dedicated office equipment allocated to councillors on a personal basis, such as laptop computers, mobile telephones and landline telephones and facsimile machines installed in councillors’ homes (including equipment and line rental costs and internet access costs but not including call costs),

§ telephone calls made by councillors, including calls made from mobile telephones provided by the council and from landline telephones and facsimile services installed in councillors’ homes,

§ the attendance of councillors at conferences and seminars,

§ the training of councillors and the provision of skill development for councillors,

§ interstate visits undertaken during the year by councillors while representing the council, including the cost of transport, the cost of accommodation and other out-of-pocket travelling expenses,

§ overseas visits undertaken during the year by councillors while representing the council, including the cost of transport, the cost of accommodation and other out-of-pocket travelling expenses,

§ the expenses of any spouse, partner (whether of the same or the opposite sex) or other person who accompanied a councillor in the performance of his or her civic functions, being expenses payable in accordance with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors for Local Councils in NSW prepared by the Director-General from time to time,

§ expenses involved in the provision of care for a child of, or an immediate family member of, a councillor, to allow the councillor to undertake his or her civic functions.

 

§ Details of each contract awarded by the council during that year (whether as a result of tender or otherwise) other than:

§ employment contracts (that is, contracts of service but not contracts for services), and

§ contracts for less than $150,000 or such other amount as may be prescribed by the regulations, including the name of the contractor, the nature of the goods or services supplied by the contractor and the total amount payable to the contractor under the contract.

§ A summary of the amounts incurred by the council during the year in relation to legal proceedings taken by or against the council (including amounts, costs and expenses paid or received by way of out of court settlements, other than those the terms of which are not to be disclosed) and a summary of the state of progress of each legal proceeding and (if it has been finalised) the result.

§ Details or a summary (as required by section 67 (3) of the Act) of resolutions made during that year under section 67 of the Act concerning work carried out on private land and details or a summary of such work if the cost of the work has been fully or partly subsidised by the council, together with a statement of the total amount by which the council has subsidised any such work during that year.

§ The total amount contributed or otherwise granted under section 356 of the Act.

§ A statement of all external bodies that during that year exercised functions delegated by the council,

§ A statement of all corporations, partnerships, trusts, joint ventures, syndicates or other bodies (whether or not incorporated) in which the council (whether alone or in conjunction with other councils) held a controlling interest during that year,

§ A statement of all corporations, partnerships, trusts, joint ventures, syndicates or other bodies (whether or not incorporated) in which the council participated during that year,

§ A statement of the activities undertaken by the council during that year to implement its equal employment opportunity management plan.

§ A statement of the total remuneration comprised in the remuneration package of the general manager during the year that is to include the total of the following:

§ the total value of the salary component of the package,

§ the total amount of any bonus payments, performance payments or other payments made to the general manager that do not form part of the salary component of the general manager,

§ the total amount payable by the council by way of the employer’s contribution or salary sacrifice to any superannuation scheme to which the general manager may be a contributor,

§ the total value of any non-cash benefits for which the general manager may elect under the package,

§ the total amount payable by the council by way of fringe benefits tax for any such non-cash benefits.

§ A statement of the total remuneration comprised in the remuneration packages of all senior staff members (other than the general manager) employed during the year, expressed as the total remuneration of all the senior staff members concerned (not of the individual senior staff members) and including totals of each of the following:

§ the total of the values of the salary components of their packages,

§ the total amount of any bonus payments, performance payments or other payments made to them that do not form part of the salary components of their packages,

§ the total amount payable by the council by way of the employer’s contribution or salary sacrifice to any superannuation scheme to which any of them may be a contributor,

§ the total value of any non-cash benefits for which any of them may elect under the package,

§ the total amount payable by the council by way of fringe benefits tax for any such non-cash benefits.

§ If the council has levied an annual charge for stormwater management services-a statement detailing the stormwater management services provided by the council during that year,

§ If the council has levied an annual charge for coastal protection services-a statement detailing the coastal protection services provided by the council during that year,

§ A detailed statement, prepared in accordance with such guidelines as may be issued by the Director-General from time to time, of the council’s activities during the year in relation to enforcing, and ensuring compliance with, the provisions of the Companion Animals Act 1998 and the regulations under that Act.

Resources (including staff)

Development, design and printing of 2012-13 Annual Report has utilised in house resources only.

Conclusion

2012-13 Annual Report has been prepared to comply with the legislative requirements and to overview the achievements against the 2012-13 operational plan. The annual report is to be provided to the Division of the Local Government by 30 November 2013. It will also be published on the Council’s website.

 

ATTACHMENTS

Nil

 

Recommendation

That the 2012-13 Annual Report be endorsed for publishing on Council website, provision of hard copies to library branches and submitted to the Division of Local Government.

        


Council                                                                                                     27 November 2013

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

RECOMMENDATION

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

20.1  Parking options for the township of Bega

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.