Ordinary

 

Meeting Notice and Agenda

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 29 April 2015 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

21 April 2015

 

TO:

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Sharon Tapscott

Cr Bill Taylor

 

COPY:

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, 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  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, Office 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

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.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 Office 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

29 April 2015

 

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

1       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 8 April 2015 as circulated, be taken as read and confirmed.

2       Apologies and requests for leave of absence

 

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Adjournment to Standing Committees

Recommendation

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

8       Staff Reports – Planning and Environment (Sustainability)

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

Nil Reports

9       Staff Reports – Community, Culture and Leisure (Liveability)

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

9.1                   Acquisitive Prize from Sculpture on the Edge........................................................................... 10

10   Staff Reports –Economic Development and Business Growth (Enterprising)

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

10.1                 Licence Agreement for Water Access Purposes at Tarraganda............................................. 14

11     Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1                 EOI 27/15 consultant panel selection for Merimbula STP and ocean outfall upgrade....... 20

11.2                 Bega Valley Local Traffic Committee Meeting 1 April 2015.................................................... 44

11.3                 RFT 2/15 design and construction for the Telstra building xxtension 14-22 Minyama Parade, Bega             47

11.4                 Tender RFT 19/15 - Bermagui Waste Transfer Station - detailed design and construction 50

12   Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1                 Rescission of the acquisition of the land historically proposed for the Merimbula Cultural Centre               54

12.2                 Actions from resolutions of Council - Status Report................................................................. 58

12.3                 Public exhibition of draft Resourcing Strategy.......................................................................... 87

12.4                 Fit for the Future Council improvement proposal.................................................................... 91

12.5                 Major projects quarterly update................................................................................................. 96

12.6                 Councillor representatives International Cities, Town Centres and Communities Conference, Wollongong                                                                                                                                                          99 .

13     Staff Reports – Finance (Leading Organisation)

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

13.1                 Public Exhibition - draft operational plan, draft budget, draft fees and charges............. 102.

14     Adoption of Reports from Standing Committees

Recommendation

That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.

 

15     Delegates Reports

15.1                 Coastal Conference...................................................................................................................... 106

 

16     Rescission/alteration Motions

 

17     Notices of Motion

 

18     Urgent Business

 

19     Questions On Notice

19.1                 Response to Question on Notice from Cr Taylor - Unauthorised use of land at Darcy Lane, Jellat 115

19.2                 Impact on Tourism of Air BnB - Question from Cr Keith Hughes.......................................... 118

 

20     Questions for the Next Meeting

 

21     Items of Interest Relating to Council Business

 

22     Confidential Business 

 

23     Adoption of reports from Closed Session

24     Resolutions to declassify reports considered in closed session  

 


Council

29 April 2015

 

 

Staff Reports – Community, Culture and Leisure (Liveability)

 

29 April 2015

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

9.1              Acquisitive Prize from Sculpture on the Edge..................................................... 10


Council 29 April 2015

Item 9.1

 

9.1Acquisitive Prize from Sculpture on the Edge.      

 

Council's second acquisitive prize from Sculpture on the Edge has been selected.  A location for the sculpture needs to be confirmed.

 

Group Manager Community, Relations and Leisure  

 

Background

Sculpture on the Edge (SOTE) is held annually in Bermagui and is recognised as one of the more significant sculpture programs in the region. SOTE includes an exhibition, over 10 days, of large sculptural pieces as well as an indoor exhibition of smaller sculptures in the Bermagui Community Centre and a public symposium.

At its meeting of 18 December 2013 Council resolved to fund an Acquisitive Prize of $10,000 for each of the 2014, 2015 and 2016 Sculpture on the Edge programs. The 2014 Sculpture, Southern Exuberance is in place at Bermagui and a site needs to be chosen for this year’s acquisition.

In line with Council’s Public Art Procedure a selection panel was established consisting of Iain Dawson (Bega Valley Regional Gallery Curator), Simon Schweitzer (Manager Community and Culture BVSC), Paul Hill (Sculptor and Lecturer at the ANU Sculpture School), and Cr Ann Mawhinney.

The sculpture chosen was Ross Cameron’s piece “Tide Spiral” at a value of $10,000 and the prize was announced by Cr Mawhinney at the opening of SOTE on February 28. Ross Cameron is a local and respected artist with strong links to the Shire having lived in Tanja for many years.

A decision on the placement of the sculpture is now required.  There are many factors that should be considered in choosing the placement of public art including safety of the sculpture and the community, engineering requirements to ensure the sculpture is sited appropriately and importantly the visual aspect of where the piece is located.  It is important the spatial relationship of the sculpture to the site is appropriate and the sculpture reflects the site’s environmental, historical and social characteristics.

Bermagui was the recipient of the Acquisitive Prize last year, it would be appropriate that another location in the Shire is chosen. “Tide Spiral’ has a strong connection to the ocean and coastal life, the artist’s input was sought on potential locations.

At its meeting of April 8 2015, Council deferred the decision on placement of the sculpture, to allow a number of site visits to be held in consultation with the artist.  These site visits occurred on April 15 2015, in conjunction with the artist, and a recommendation follows.

Issues

Legal

Council are now the legal owners of the sculpture. The intellectual property for the piece remains with the artist.

Policy

The acquisition of sculpture or public art sits under Council’s Art and Culture Policy.

Asset

Council will be responsible for the siting and installation of the sculpture, Council staff will work with the artist to ensure the sculpture is sited according to engineering specifications and as far as possible complements the sculpture itself.  The sculpture is now listed with Council’s insurers.

Social / Cultural

It is recognised that through promoting creativity and supporting local exhibitions, Council can foster and build a sense of community, promote mental health and wellbeing, and embrace the opportunities for economic and cultural development.

Strategic

Council’s Community Strategic Plan Key Direction on access to learning and creativity states: We are an inspired community with expanded access to life-long learning and skill development, and have creativity and celebration integrated into our community life.

Support for Sculpture on the Edge directly addresses the specific outcomes (L2.6 and L2.7) of this key direction:  encouraging the community to actively participate in events, festivals, creative community activities and supporting and developing cultural industries in the Shire.

Financial

Purchase of the sculpture is funded from Council’s Community Partnership Fund as per the resolution of 18 December 2013. Costs associated with the installation will be covered by existing budgets in the Community and Culture section. Final costings will be determined once the site is confirmed.

Funding source

 

Amount

Community Partnership Fund

$

10 000

Resources (including staff)

There will be minimal staff resources required to site the sculpture; there is capacity within the Community and Culture section to coordinate the installation of the sculpture.

Conclusion

Public Art throughout the Shire can create a point of difference, enhance the feel and attractiveness of places, encourage more use of public spaces and contribute to a sense of pride and wellbeing in the community.

The introduction of Bega Valley Shire Council’s Acquisitive Prize has helped to support Sculpture on the Edge and build Council’s public art collection.

 

Attachments

Nil

 

Recommendation

That Council places Tide Spiral at Short Point Merimbula on the northern side of the carpark and authorises officers to make the necessary arrangements for installation.

  

 


Council

29 April 2015

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

29 April 2015

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

10.1            Licence Agreement for Water Access Purposes at Tarraganda......................... 14


Council 29 April 2015

Item 10.1

 

10.1. Licence Agreement for Water Access Purposes at Tarraganda     

 

Council has received a request from Paul and Sharon Nolan to enter into a ten year licence agreement over a section of Council owned Public Reserve (being Lot 14 DP 249924) at Tarraganda for the purpose of water access.

 

Group Manager Strategy and Business Services  

 

Background

Council resolved on the 25 February 2003 to enter into a licence agreement with the former owners of the adjoining Lot 1316 DP 1172251 at Moore Wren Road Tarraganda, Peter and Raymond Ubrihien to provide access over a parcel of Council owned foreshore land to enable them access to their water rights from the Bega River.  Paul and Sharon Nolan purchased the above lot from the Ubrihien’s on 30 March 2012. 

Since the Nolan’s purchased the property, their occupation of the foreshore land has been via a 12 month temporary licence agreement due to constraints placed on ‘community’ land under the Local Government Act 1993 (the Act).  For this reason Council moved to reclassify the foreshore land via a planning proposal to allow for greater flexibility with future leasing/licencing arrangements.  Following reclassification of the land to ‘operational’ land at Council’s meeting of 17 December 2014. Council is now in a position to provide longer term tenure to Mr and Mrs Nolan.

The Department of Primary Industries have requested Mr and Mrs Nolan obtain approval from Council in order to retain their water licence.  As the licence is only to provide access across Council’s reserve, it is suggested the minimum annual licence fee as per Council’s fees and charges schedule should apply.  In accordance with the terms of the proposed licence agreement, Mr and Mrs Nolan would be required to continue to provide Council with a Certificate of Currency for the public liability insurance required to the value of $20 million, with Bega Valley Shire Council noted as an interested party on the policy.

Issues

Consultation

Council’s property staff has consulted with Mr and Mrs Nolan regarding how they wish to proceed with their future occupation of the site and have agreed to the terms of the proposed licence.

Financial

The annual licence fee for water access over Lot 14 DP 249924 will be charged in line with Council’s minimum annual lease/licence fee as per Council’s fees and charges schedule, currently $500 (including GST) for the first year of the licence with the provision for an increase at the commencement of each year thereafter.

Resources (including staff)

Staff time has been required to liaise with the Licensee as to the terms and duration of a further licence agreement.

Staff time will also be required for the on-going management of the licence during its term.

Conclusion

The continued occupation of the site by Mr and Mrs Nolan for their water access is supported by Council staff and Council approval is therefore sought to enter into a further ten year licence of the site.

Attachments

1.            Location map of Public Reserve, being Lot 14 DP 249924 at Tarraganda

 

Recommendation

1.         That Council approve a ten year licence agreement for water access over Lot 14 DP 249924 to adjoining property owners Mr Paul and Mrs Sharon Nolan for the minimum annual licence fee as contained in Council’s fees and charges schedule.

2.         That the Mayor and General Manager be authorised to execute the necessary documents.

 


Council

29 April 2015

Item 10.1 - Attachment 1

Location map of Public Reserve, being Lot 14 DP 249924 at Tarraganda

 

 

Map

2801141

 

About this Document

Disclaimer

 

This map has been created for the purpose of showing basic locality information over Bega Valley Shire Council. Property boundary line cadastral data is supplied by LPMA. Any error should be reported to the GIS Section, Bega Valley Shire Council.

 

 

This map is a representation of the information currently held by Bega Valley Shire Council. While every effort has been made to ensure the accuracy of the product, Council accepts no responsibility for any errors or omissions. Feedback on omissions or errors would be appreciated.

 

  

 


Council

29 April 2015

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

29 April 2015

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

11.1            EOI 27/15 consultant panel selection for Merimbula STP and ocean outfall upgrade  20

11.2            Bega Valley Local Traffic Committee Meeting 1 April 2015.............................. 44

11.3            RFT 2/15 design and construction for the Telstra building xxtension 14-22 Minyama Parade, Bega ............................................................................................................................. 47

11.4            Tender RFT 19/15 - Bermagui Waste Transfer Station - detailed design and construction       50


Council 29 April 2015

Item 11.1

 

11.1. EOI 27/15 consultant panel selection for Merimbula STP and ocean outfall upgrade     

 

At the meeting of 25 June 2014 Council resolved to engage a consultant to carry out the concept design and environmental assessment for the upgrade of treatment and disposal infrastructure at Merimbula Sewage Treatment Plant (STP).  Expressions of Interest have been called and a preferred panel of consultants has been selected for Council’s approval.

 

Group Manager Transport and Utilities  

 

Background

Previous investigations have identified the need to upgrade the treatment and disposal infrastructure at Merimbula Sewage Treatment Plant (STP).

Stakeholder and community focus groups identified the preferred solution as being improving the treatment processes at the Merimbula STP; expanding the land reuse; and decommissioning of the existing dune exfiltration/near shore discharge system and replacement with a deep ocean outfall.

The NSW Environment Protection Authority (EPA) has included the requirement for a deep ocean outfall as part of the Pollution Reduction Program (PRP) attached to the Environmental Protection Licence (EPL) for the Merimbula STP

The project will require an Environmental Impact Assessment (EIA) and concept design to be developed.  At the Council meeting of 25 June 2014, it was resolved to proceed with engagement of a consultant to carry out these activities

A panel of suitably qualified firms will be invited to submit proposals to carry out this work.  There is no existing panel for the required scope of works, and consequently Expressions of Interest (EOI) have been called to establish the panel.

The EOI was called on the 8 January 2015 and closed on the 29 January 2015.  Submissions were received from eight companies.  These submissions have been assessed per the evaluation plan (Attached)

Issues

Legal

The Local Government (General) Regulations 2005 (LGR) Clauses 166 (b), 168 and 170 were complied with in the preparation of the tender documents and calling of the EOI.

The submission and assessment of the EOI submissions were in accordance with Clauses 173 to 177 of the LGR.

Environmental

The work to be carried out during the concept design and environmental assessment will ensure:

a)     that the disturbance due to the construction of the upgrade of the Merimbula STP and the ocean outfall will be minimised;

b)    the upgrade of the treatment processes at the Merimbula STP will produce treated effluent that is suitable for ongoing beneficial reuse at the golf course and agricultural sites, and minimise the impact on the ocean receiving environment;

c)     the siting and arrangement of the ocean outfall diffuser release will have minimal impact on the surrounding environment;

The construction of the ocean outfall will allow the existing dune disposal (exfiltration) and near shore ocean release to be discontinued.  This will eliminate the risk of nutrients from the dune disposal leaching into Merimbula Lake leading to degradation of water quality.

The ocean outfall option will also eliminate the need for expansion of the dune disposal system that would have led to considerable disturbance of flora, fauna and aboriginal cultural heritage in the area.

The ocean outfall will allow treated effluent to be disposed of in deeper water allowing for greater mixing, avoiding the risk of nutrients concentrating in the Merimbula embayment contributing to algal blooms.

Sustainability

The proposed project will allow for the continued reuse of treated effluent for irrigation of Merimbula Golf Course and agricultural land, reducing the demand on other water sources.

The ocean outfall component will ensure excess treated effluent will be disposed of in a sustainable manner eliminating the cumulative impact on groundwater and Merimbula Lake.

The outfall will also allow discharge of treated effluent in a sustainable manner when wet weather makes re-use impossible.

Asset

The concept design and environmental assessment will lead to the creation of:

i)     Modified treatment processes at the Merimbula STP that will include new disinfection and chemical dosing for nutrient removal ;

ii)    Modified pumping processes for both the effluent reuse on land and ocean release;

iii)   Pipeline from the Merimbula STP to the current near shore discharge location and then up 4kms of new pipeline to the ocean release point;

iv)   Diffuser structure on the sea fall at the ocean release point.

 

The project will make the existing dune disposal and near shore effluent release assets redundant.

Social / Cultural

The proposal will ensure the entire length of Merimbula beach can be utilised by the public at all times.

The proposal will eliminate the need for expansion of the dune disposal system and the associated risk of disturbing an area of high cultural heritage value.

Economic

Positive impacts due to:

a)    Expenditure in the Merimbula community during the construction period;

b)    Minimising risk of degradation of water quality of Merimbula Lake that is essential to the ongoing viability of the aquaculture and tourism industries at Merimbula.

Strategic

The Expression of Interest process will lead to engagement of a suitable consultant to undertake concept design and environmental impact assessment work. This work will support the project’s strategic goals which are detailed in the Operational Plan and Water Supply and Sewerage Strategic Business Plan.

Consultation

Consultation has already been carried out with community and regulatory stakeholders to arrive at the proposed scope of works for the concept design and environmental assessment.

Details of the project have been uploaded onto Council’s website.

The EIA process will require the production of an Environmental Impact statement (EIS).  The EIS process requires extensive consultation with all regulatory stakeholders and the community. A key criteria in assessing the submissions made by firms was their proposed strategy for consultation during the concept design and environmental assessment.

In addition to the statutory requirements for the display of the EIS, the consultant will be required to:

·        Brief key community organisations including Pambula Surf Life Saving Club; service clubs, business/progress associations and environmental groups;

·        Brief Council at key points in the project. 

·        Establish Internet and Facebook presence for the project

·        Establish email and dedicated phone line for community contact

·        Monitor social media to establish trends and any concerns regarding the project

·        Carry out community briefing meetings at the start of the project; when the preferred option has been completed; and when concept design and EIS have been finalised

·        Prepare information sheets for distribution from Council Chambers and outlets in Merimbula;

·        Prepare a static display that can be used at community events

Feedback from the consultation process will be considered in the development of the preferred solution.

Financial

The concept design and environmental assessment is fully funded from the sewer fund new works reserve.

Resources (including staff)

Substantial staff, consultant, agency and community input has already been devoted to identification of the preferred option and data collection to allow the EIA and concept design process to be commenced.

Council staff and consultants have been involved in the assessment of the submissions to establish the panel of firms.

There will be ongoing resource requirements for staff, consultants and agencies during the concept design and environmental assessment.

Operational Plan

Engagement of a consultant to undertake the concept design and environmental assessment will support Operational Plan objectives.

Conclusion

The assessment of the Expressions of Interest was carried out in accordance with the requirements of the Local Government (General) Regulations 2005 and the preferred five firms were selected to make up the panel:

 

Attachments

1.            EOI Evaluation Plan

2.            Council Confidential Memo EOI 27.15 Environmental assessment and concept design for the upgrande of the merimbula sewerage treatment plant effluent management and ocean outfall (Confidential)

3.            EOI Report and Recommendation (Confidential)

 

Recommendation

1.            That Council accepts recommendations as outlined in the confidential attachment

2.            That Council invite the <insert> to submit tenders in relation to contract for the works described in EOI 27/15, Environmental assessment and concept design for the upgrade Merimbula sewerage treatment plant and ocean outfall

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

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

 


Council

29 April 2015

Item 11.1 - Attachment 1

EOI Evaluation Plan

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 29 April 2015

Item 11.2

 

11.2. Bega Valley Local Traffic Committee Meeting 1 April 2015     

 

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee meeting held on 1 April 2015

 

Group Manager Transport and Utilities  

 

Background

The Bega Valley Local Traffic Committee held a meeting on 1 April 2015, 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 the 1 April 2015 and approve the following.

Tathra Mountain Bike Enduro – 6 & 7 June 2015

1.      That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 6 June 2014 and Sunday, 7 June 2015 be approved.

2.      That the event 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 the Traffic Control Plan is to reflect the following:

         a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

         b) Use of cycle track is not available for racing purposes, as it is set aside for casual users.

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 approval prior to conducting the event from the following:

         b)        NSW Police, under Section 115 of the Road Transport Act 2013

         c)         National Parks and Wildlife Service

         d)        Forests NSW

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

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

Merimbula 10km Fun Run and 5km Fun Run/Walk- 31 May 2015 - Amendment to recommendations

1.      That, subject to conditions, sections of the following Council roads be temporarily closed from 8am to 12pm on Sunday, 31 May 2015 for the Merimbula Fun Run:

a)   Full Closure of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road        intersection;

b) Full Closure of Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c)   One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d) Full Closure of Beach Street, Merimbula between the Market Street and Main Street intersections;

e) Full Closure of Main Street, Merimbula between the Cameron Street and Randolph        Street and Henwood and Lake Street intersections, and one lane closed between            Randolf and Henwood Street;

f)   Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

2.      That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 31 May 2015, 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 persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

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 organisers have written Police approval prior to conducting the event.

Bega Pony Club Parade – 15 April 2015

1.      Bega Pony Club has been given the approval for the use of public land under the Single Events and Ceremonies certification on the 28 April, 2010 that is valid for 5 years.     The special condition states that the street parade be conducted as a Class 4 Special Event under the direct control and management of Police.

 


Council 29 April 2015

Item 11.3

 

11.3. RFT 2/15 design and construction for the Telstra building xxtension 14-22 Minyama Parade, Bega       

 

This report details the outcomes of evaluation of Tender 2/15 for the design and construction at 14-22 Minyama Parade Bega (known as the Telstra Building) extensions and recommends award to the preferred tender

 

Group Manager Transport and Utilities  

 

Background

This project is the final project of stage 1 of the redevelopment of the Maher Street Depot.  The extension of the Telstra building will accommodate office staff from the Works and Environment Sections of Council.  Works Section office staff are currently accommodated in a demountable building located at the rear of the Telstra Building site.

Council invited tenders from suitably qualified contractors to design and construct the extensions to the Telstra Building located on Lot 1 DP 570108 14, 22 Minyama Parade, Bega. Tenders were advertised in local media and in the Sydney Morning Herald on the 3 March 2015. At the close of the tender application period, on the 25 March 2015 at 12:00pm 28 documents were issued, with 6 compliant submissions and 1 non-compliant submission received from the following:

·       Cercol Construction Services Pty Ltd

·       Cobba Constructions Pty Ltd

·       David Leser Building Pty Ltd

·       Grant Dowdle Building Pty Ltd

·       R.W. Brain Pty Ltd

·       Southern Blinds & Shades Pty Ltd (non-compliant submission)

·       Zauner Construction Pty Ltd

Applicants were asked to provide:

·       Lump sum price breakdown of the works

·       Schedule of Tenderer’s References

·       Schedule of Key Contact Staff

·       Schedule of Consultants, Subcontractors and Major Suppliers

·       Schedule of Tender Program

·       Schedule of Work Health and Safety

·       Schedule of Tenderer’s Current Workload

The tender submissions were assessed against the following evaluation criteria

Criteria

Weighting

Price

60%

Project Experience

25%

Project Functionality

10%

Local Community Benefit

5%

WH&S

Compliant/ Non-Compliant

Total

100%

Issues

Legal

Development Consent was granted by the Bega Valley Shire Council under Clause 2.3 of the Bega Valley Local Environmental Plan 2013 subject to conditions. 

The tender process complied with the Local Government Act 1993.

Environmental

A Review of Environmental Factors (REF) was completed to assess any environmental impacts likely to be associated with construction of the Bega Works Depot Site.

Asset

Lot 1 DP 570108, the site is Council owned land and existing building from part of Council building asset register.

Consultation

Council has consulted with local residents through the Development Application (DA) process.  There were no issues raised by the residents.

Financial

This project is funded under the budget for Council Depot Renewals

Funding source

 

Amount

Council Depot Infrastructure Renewals Budget

 

$1,350,000

Current Expenditure

 

 

Bega SES

$195,742.64

 

Less SES Contribution

($100,000.00)

$95,742.64

Amenities Demolition

 

$33,909.09

Amenities Civil Works

 

$345,467.04

Amenities Building

$685,290.91

 

Less 50% WW&S Contribution

($342,645.45)

 

Amenities Building Total

 

$342,645.45

Total Expenditure to date

 

$817,764.22

Remaining Budget

 

$532,235.78

Resources (including staff)

Council engineering staff will manage this project.

Conclusion

The extension to the Telstra Building is the final project of stage 1 of the redevelopment of the Maher Street Depot.  The extension will provide a modern accessible office for staff and community to utilise. 

 

Attachments

1.            Council Memorandum RFT2.15 Telstra Building Extension (Confidential)

2.            RFT 2.15 Telstra Building Extension Tender Evaluation (Confidential)

 

Recommendation

1.         That Council accepts recommendations as outlined in the confidential attachment

2.         That Council accept the tender from <insert> in relation to contract for the works described in Tender 2/15 for Telstra Building Extension, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

 


Council 29 April 2015

Item 11.4

 

11.4. Tender RFT 19/15 - Bermagui Waste Transfer Station - detailed design and construction     

 

The report outlines process and outcome of tender process and seeks Council’s acceptance of the recommended tender

 

Group Manager Transport and Utilities  

 

Background

Council’s Waste Strategy includes the centralisation of landfill activities at a single best practice landfill, and closure of the remaining landfills at Bermagui and Eden. In order to maintain a level of service to these communities it is necessary to replace the landfill disposal facility with a waste transfer station. A waste transfer station was established at the Merimbula Waste Depot in 2014, and a similar project is planned for Eden in 2016. This report covers the works planned for Bermagui.

Along with detailed design of the facility, the scope of construction work includes:

·    Site regrading earthworks over existing landfill;

·    Approximately 1500 square metres of pavement construction and sealing;

·    Reinforced concrete general waste drop off/sorting area (shallow pit) approximately 200 square metres;

·    Approximately 200 square metres of reinforced concrete pavements;

·    2.5m high retaining wall approximately 60m;

·    4.5 m high clearance steel shelter structure over general waste drop off area and compactor;

·    Steel safety rail / balustrading 40m, landscaping, services and drainage works.

The adopted procurement procedure was selective tendering of a design and construct contract.  Documentation was prepared and Council advertised for expressions of interest (EOI) for detailed design and construction of a waste transfer station at the Bermagui Landfill site on 4 February 2015.

The EOI process attracted four submissions and based on clearly demonstrated experience and capacity to undertake the proposed project; three contractors were invited to submit detailed tenders.  The tenders closed at 12 Noon on 8 April 2015, at which time two tenders were received, the third tender was received late.

Tenderers were required to submit a tender form and lump sum price breakdown, along with preliminary design details. Also forming part of the tender were the returnable schedules submitted during the EOI process.

 

Tenders were evaluated on quantitative (price) and qualitative criteria as below:

Project value, 60% made up as follows

The overall project cost.

50%

The costing of specific elements of the work with due regard to value.

7.50%

Proposed commercial terms and conditions put forward by the Tenderer (if any).

2.50%

Project preliminary design details, 35% made up as follows:

Level of preliminary design information submitted with Tender

30%

Summary information provided to support decisions in relation to design details which will have a bearing on the quality or cost of the project.

2.50%

Clearly detailed approach to the management of geotechnical/structural risks.

2.50%

Local Community Benefit, 5% made up as follows;

Recognition of local outcomes, demonstrating support for local business and community enterprise

5%

Issues

Legal

Tenders are required to be called for the works in accordance with Section 55 of the Local Government Act 1993. Due to the potential cost associated with tendering of a design and construct contract, Council chose a selective tendering method for this project in accordance with Clause 168 of the Local Government (General) Regulation 2005.

Asset

The Bermagui Waste Transfer Station will be a significant community asset servicing local waste disposal needs for many decades.

Strategic

Establishment of waste transfer stations at the existing landfill facilities at Bermagui and Eden forms part of Council’s adopted Strategy, the 2020 Vision on Waste. The closure of the existing landfill is necessary at the earliest opportunity as its capacity has been reached.

Consultation

Council consulted widely during the formulation of the 2020 Vision on Waste. The range of waste disposal and recycling services available at the site is not reduced by the establishment of a waste transfer station. However the transfer station will not accept loads of waste transported in heavy vehicles. It is proposed to consult directly with the two regular customers that use the existing landfill for large loads regarding the changes.

Financial

The overall project budget for the establishment of the transfer station is $1 million, which has been identified in the Long Term Financial Plan for waste management.

Conclusion

The construction of a waste transfer station at Bermagui Recycling and Waste Depot is an essential component of Council’s Waste Management Strategy. Council has undertaken a tender process for the key structural works for the project, which it aims to complete by 31 October 2015.

The works which have been tendered are fundamental to progressing Council’s waste strategy, including closure of the landfill and it is recommended the tender be awarded to the preferred contractor.

 

Attachments

1.            council confidential memorandum RFT 19/15 (Confidential)

 

Recommendation

1.         That Council accepts recommendations as outlined in the confidential attachment

2.         That Council accept the tender from <insert> in relation to contract for the works described in Tender 19/15, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

  

 


Council

29 April 2015

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

29 April 2015

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

12.1            Rescission of the acquisition of the land historically proposed for the Merimbula Cultural Centre............................................................................................................................. 54

12.2            Actions from resolutions of Council - Status Report........................................... 58

12.3            Public exhibition of draft Resourcing Strategy................................................... 87

12.4            Fit for the Future Council improvement proposal.............................................. 91

12.5            Major projects quarterly update......................................................................... 96

12.6            Councillor representatives International Cities, Town Centres and Communities Conference, Wollongong......................................................................................................... 99


Council 29 April 2015

Item 12.1

 

12.1. Rescission of the acquisition of the land historically proposed for the Merimbula Cultural Centre     

 

This report is to advise Council that the rescission of the acquisition of Lot 1 DP 1004805, Arthur Kaine Drive, Merimbula has now been finalised.

 

Group Manager Strategy and Business Services  

 

Background

At its meeting on 14 January 2015, Council resolved to rescind the acquisition of Lot 1 DP 1004805 under the provisions of Section 31 of the Land Acquisition (Just Terms Compensation) Act 1991 (the Act).  Following the resolution Council wrote to the Crown Lands Division seeking a rescission of the acquisition and has since been advised that His Excellency the Governor of NSW has approved the rescission.  The rescission of the acquisition was published in the NSW Government Gazette on 20 March 2015 (copy attached).  Upon publication of this Notice, Lot 1 DP 1004805 was returned to the original owner, being the Crown.

Council has now finalised the rescission of the acquisition by payment of the agreed compensation under section 70 of the Act to Crown Lands and is now in receipt of formal notification from Crown Lands that the matter is complete (copy attached).

Issues

Financial

Under Section 70 of the Act, Crown Lands (being the authority that Lot 1 DP 1004805 is re-vested in) are entitled to be compensated for any financial costs incurred as a result of the compulsory acquisition and its rescission.  Following publication of the rescission in the NSW Government Gazette, Crown Lands issued Council with an invoice for compensation for the amount of $1,000 (being the 50% share of the original valuation report which was paid by Crown Lands).

Conclusion

Council formally advised NSW Trade and Investment (Crown Lands) about the publication of the rescission notice in the NSW Government Gazette and have received formal notification in response, confirming this matter is now finalised and there are no further action to be undertaken.

 

Attachments

1.            Copy of NSW Government Gazette No 25 published on 20 March 2015 and letter from the Office of Local Government

2.            Letter from Crown Lands

 

Recommendation

That Council note the rescission of the acquisition of Lot 1 DP 1004805 has now been finalised, with a final cost to Council of $2,000 (being the entire cost of the valuation completed in 1999).

 


Council

29 April 2015

Item 12.1 - Attachment 1

Copy of NSW Government Gazette No 25 published on 20 March 2015 and letter from the Office of Local Government

 


 


Council

29 April 2015

Item 12.1 - Attachment 2

Letter from Crown Lands

 

TI Crown Lands logo rgb

 

 

 

Our Reference:  Na98H134

Your Reference:

 

 

 

 

General Manager

Bega Valley Shire Council

PO Box 492

Bega   NSW   2550

 

 

 

Attention: Rickee Marshall

 

 

 

 

RESCISSION OF COMPULSORY ACQUISITION

BY BEGA VALLEY SHIRE COUNCIL

LOT 1 DP 1004805

AT MERIMBULA

 

Thank you for your email of 7 April 2015 and advice the Gazette rescission notice for Council’s acquisition was published on 20 March 2015 (folio 817).

 

To confirm our recent telephone conversation, Crown Lands has claimed, under the provisions of sec70(1) of the Land Acquisition (Just Terms Compensation) Act 1991, reimbursement of monies, amounting to $1,000.00, being the Crown’s 50% share of the costs of valuation undertaken by Caddey Searle & Jarman for Council’s acquisition.

 

I note that Council’s payment in respect of the claim was received on 9 April 2015.

 

As there are no further actions to be undertaken, Crown Lands considers the matter is now finalised.

 

I thank you for your assistance and I remain available should additional information be required.

 

 

Yours sincerely

9 April 2013

Gary Wood

Project Manager

Regional Projects

Maitland


Council 29 April 2015

Item 12.2

 

12.2. Actions from resolutions of Council - Status Report     

 

This report provides a status update on staff actions from Council resolutions over the past four months.

 

General Manager  

 

Background

In order to ensure the community and Councillors are kept updated on the progress of implementation and actions from Council resolutions, a formal quarterly reporting process is now in place. Currently Council resolutions are recorded in a “minute Instruction”. Following each Council meeting the resolutions are tasked to an officer in the Council’s electronic Report System, InfoCouncil.  The progress of actions against resolution is monitored by senior staff and the minute instructions are printed and made available at each Council meeting.

To improve transparency of process, a process has been put in place so that each quarter an update report is provided formally to Council noting comments and actions against all Council resolutions. This report is the second report under the new process. Prior to the end of the Council term a report will be prepared outlining progress against all Council resolutions for the Council term from October 2012 until September 2016.

Attached is the report for the period 1 December 2014 to 30 March 2015. This report provides information to Councillors and the community on the status of those actions taken on Resolutions over the past three months. It is proposed the report on actions be also available on Council’s website.

Conclusion

Councillors and members of the community are interested in the progress of actions against Council resolutions. This process provides a formal report back to Council on a quarterly basis and then provides the information openly to the community via Council’s website.

 

 

Attachments

1.            Outstanding Council Meeting Actions 17.12.2014 to 18.03.2015. amended

2.            Completed Council Meeting Actions 17.12.2014 to 18.03.2015

 

Recommendation

That Council note the status report on actions from Council’s resolutions for the period 1 December 2014 to 30 March 2015.

 


Council

29 April 2015

Item 12.2 - Attachment 1

Outstanding Council Meeting Actions 17.12.2014 to 18.03.2015. amended

 


 


 


Council

29 April 2015

Item 12.2 - Attachment 2

Completed Council Meeting Actions 17.12.2014 to 18.03.2015

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 29 April 2015

Item 12.3

 

12.3. Public exhibition of draft Resourcing Strategy     

 

Council is required to exhibit the draft Resourcing Strategy which includes the Asset Management Strategy, Workforce Strategy and Financial Strategy for a period of 28 days.

 

Group Manager Strategy and Business Services  

 

Background

All councils in NSW are required to develop long term, medium term and short term plans under the Local Government Amendment (Planning and Reporting) Act 2009 which has transitioned councils to the Integrated Planning and Reporting (IPR) framework.

Council first adopted its IPR framework which included the Resourcing Strategy along with the Asset Management Plans, Workforce Plan and Long Term Financial Plan in June 2011.

As required, Council has now conducted significant reviews across each of these areas to enable an updated suite of strategies and plans to be publicly exhibited to the community.

Documents for proposed public exhibition include:

Resourcing strategy

The resourcing strategy sets the direction and principles that Council will apply to managing its significant infrastructure portfolio, ensuring that Council can deliver its core services with appropriate human and financial resourcing.

The key elements of the resourcing strategy are:

Asset management strategy

The asset management strategy covers how Council’s asset portfolio will meet the service delivery needs of its community into the future, outlines the framework for Council’s asset management policy to be achieved and ensures the integration of Council’s asset management with its long term financial plan.  The asset management strategy assists Council in meeting the requirements of national sustainability frameworks, the State IPR framework and community services in a financially sustainable manner

Workforce strategy

The workforce strategy is developed on the principles of having the ‘right people in the right jobs at the right time’ and having an ‘adaptive and flexible approach so that the organisation is well placed to take advantage of the opportunities provided by the State local government reform agenda’  The workforce strategy defines three strategic priorities, these are:

1.    A workplace of choice

2.    Right people in the right jobs

3.    Wellbeing and safety

 

Financial strategy

The financial strategy provides a clear direction and context for decision making that guides the future allocation, management and use of its financial resources.  The financial strategy sets the parameters within which Council agrees to operate in order to maintain accepted financial outcomes.

Each of these strategies set the direction and principles to guide our organisation in achieving the financially sustainable delivery of assets and services to the community. These strategies are each presented as a chapter of the resourcing strategy.

Supporting each strategy is a plan that demonstrates how we will deliver and achieve the directions established in our strategies. 

To deliver Council’s asset management strategy a series of asset management plans have been developed.  An asset management plan (AMP) details information about infrastructure assets including actions required to provide an agreed level of service in the most cost effective manner.   The plan defines the services to be provided, how the services are provided and what funds are required to provide the services.

The following Asset Management Plans are presented for consideration

Transport asset management plan

The transport asset management plan covers the infrastructure assets that serve the Bega Valley Shire Council community’s transport needs.  These assets include roads, bridges, drainage, footpaths, cycle ways, roadside furniture and bus shelters throughout the community area that enable people to travel safely and in comfort throughout the Bega Valley Shire.

Recreation asset management plan

The recreation asset management plan covers the infrastructure assets that serve the Bega Valley Shire Council community’s parks and recreation needs.  These assets include sporting facilities, playgrounds and skate parks, parkland areas, natural areas, aquatic facilities and maritime facilities throughout the Shire. These assets provide opportunity and enable the community to enjoy the health, social, psychological and environmental benefits that become available with well managed parkland areas and recreation facilities.

Building asset management plan

The building asset management plan covers the infrastructure assets that serve the Bega Valley Shire Council community building needs.  These assets include halls, libraries, Regional Gallery, office and depots, children’s centres, Council owned museums and other community buildings throughout the community area that enable people to enjoy and participate in a range of activities.

Water asset management plan

The water asset management plan covers the infrastructure assets that serve the Bega Valley Shire Council community’s water supply needs.  These assets include dams, reservoirs, pumping stations, pipelines and treatment facilities throughout the community area that enable people to enjoy a reliable supply of water at a suitable quality and an affordable price

Sewer asset management plan

The sewer asset management plan covers the infrastructure assets that serve the Bega Valley Shire Council community’s sewerage service’s needs.  These assets include mains, pumping stations, treatment facilities and treated effluent reuse systems throughout the community area that enable people to be provided with a reliable sewerage system maintaining and protecting the local pristine environment at an affordable price.

To deliver our workforce strategy a workforce delivery plan has been developed:

Workforce Delivery Plan

The workforce delivery plan details actions to be undertaken under the three identified priority areas of:

 1.   A workplace of choice

2.    Right people in the right jobs

3.    Wellbeing and Safety

The workforce delivery plan is incorporated into the Council’s draft delivery and operational plans.

Long term financial plan

The long term financial plan (LTFP) is Council’s ten year financial planning proposal that demonstrates how we are resourcing our planned activities.  The LTFP is reviewed annually and updated as part of the operational plan process. .

Issues

Legal

Under the Local Government Amendment (Planning and Reporting) Act 2009, Council is required to publicly exhibit for a period of 28 days.

 

Consultation

This report places the relevant documents on public exhibition, calling for submissions on any items.

Community ‘drop in’ sessions will be held in Council library branches during the exhibition period to provide members of the community the opportunity to seek information and ask questions.

Dates of the community ‘drop in’ sessions will be advertised via Community Link, Council website, social media and local media releases.

Proposed dates and venues are:

Wednesday 6 May 4.00-6.00pm Eden Library

Thursday 7 May 4.00-6.00pm Bega Library

Monday 11 May 4.00-6.00pm Bermagui Library

Tuesday 12 May 4.00-6.00pm Merimbula Library

Conclusion

The Council is required to public exhibit its draft resourcing strategy and asset management plans. Public exhibition will include documents available in all library branches, online presence and advertisements in local media.

Council will consider all feedback and formal responses prior to adoption of the final Resourcing Strategy in June 2015.

 

Attachments

Nil

 

Recommendation

1.    That the draft resourcing strategy including the asset management strategy, workforce strategy, financial strategy and long term financial plan be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

2.    That the draft transport asset management , recreation asset management plan, buildings asset management plan, water asset management plan and sewer asset management plan be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

3.    That submissions and feedback be considered by Council prior to adoption.

 


Council 29 April 2015

Item 12.4

 

12.4. Fit for the Future Council improvement proposal     

 

 

 

Bega Valley Shire Council has been identified as No Change under the local government Fit for the Future program and must submit a Council Improvement Proposal (CIP) by 30 June 2015. General Manager  

 

Background

The NSW Government has been working with councils since 2011 to have discussions and gather data and input focusing on reviewing local government and addressing planning for a sustainable future.

Over that period there was the Independent Local Government Review Panel (ILGRP), established to review the structure, form and performance of local government in NSW and the Local Government Acts Taskforce, established to review relevant legislation. Bega Valley Shire Council made submissions to both the Panel and Taskforce with the submissions previously reported to Council. The State Government released their response to the findings of this three-year independent review of local government in September 2014. Their response, branded Fit for the Future, (FftF) incorporates: a package of funding; expert assistance; facilitators and technical support; and a range of documents and templates for councils.

Since the release of the response, the government has run a series of workshops and received feedback. There are a number of considerations and discussions currently underway. These include merger discussions, development of shared service models, discussions relating to rural council models, and five pilot joint organisations of councils in regional NSW.

Councils will need to demonstrate how they currently meet, or are working towards meeting, a number of benchmarks established by the State Government These benchmarks have been based on the work of TCorp and the Independent Local Government Review Panel and have been reviewed by IPART. Bega Valley Shire Council has previously been assessed by TCorp as being rated as financially sustainable and performing in the top 10% of NSW councils.

There are four key criteria form the framework under which the FftF model is being developed. These are:

Sustainability –generating sufficient funds over the long term to provide the agreed level and scope of services and infrastructure for communities as identified through the integrated planning and reporting (IPR) process.

Effective infrastructure and service management – maximising return on resources and minimising unnecessary burden on the community and business, while working strategically to leverage economies of scale and meet the needs of communities as identified in the IPR process.

Efficiency – efficient service and infrastructure delivery, achieving value for money for current and future ratepayers.

Scale and capacity – demonstrating strong organisational and regional capacity to mobilise resources to engage effectively across community, industry and government.

Once a council has determined they have suitable scale and capacity, the following seven key benchmarks have been established for councils to demonstrate how they are achieving the key criteria or working towards achieving them into the future.  A council does not need to meet all benchmarks now to be determined FftF but they must develop an CIP to show how they will work towards meeting them.

The seven benchmarks are:

1.    SUSTAINABILITY Operating performance ratio – greater than or equal to break-even average over three years

2.    SUSTAINABILITY Own source revenue ration – greater than 60% average over three years

3.    SUSTAINABILITY Building and infrastructure asset renewal ratio – greater than 100% average over three years

4.    INFRASTRUCTURE AND SERVICE MANAGEMENT Infrastructure backlog ratio less than 2%

5.    INFRASTRUCTURE AND SERVICE MANAGEMENT Asset maintenance ratio – greater than 100% over three years

6.    INFRASTRUCTURE AND SERVICE MANAGEMENT Debt service ratio – greater than 0% and less than or equal to 20% average over three years; and

7.    EFFICIENCY Real operating expenditure per capita – a decrease in real operating expenditure per capita over time.

STEP 1 – Assessing scale and capacity

Each council has been asked to look at its current situation and consider the future needs of its community and the recommendations of the ILGRP. These could include mergers, sharing services, becoming a rural council or a mixture of these. The starting point for all FftF proposals is therefore the Independent Panel’s final report.

For Bega Valley Shire Council the recommendation from the ILGRP is No Change however a number of options have been discussed including realigning boundaries, developing alternative service delivery models in co-operation with neighbouring councils, as previously reported to Council in December 2014.

Council had commenced a substantive review of its Resourcing Strategy incorporating the key aspects of assets, workforce and financials. In doing this review, Council also undertook a comprehensive service review utilising work done by Port Macquarie Council and also participated in the NSW local government operational and management effectiveness program conducted by Price Waterhouse Coopers (PwC) Analytics Department and hosted by NSW Local Government Professionals.

The NSW Government provided a self-assessment tool to help guide councils in assessing their current status. The assessment tool aims to assist councils to get a clear picture of how they are performing in the areas of financial management, service delivery and scale of operations.

STEP 2 – assessing performance against benchmarks and planning for the future

Bega Valley Shire Council has now completed a detailed review of its Resourcing Strategy. The draft Resourcing Strategy is separately reported to this Council meeting. This has involved a detailed review of Council’s:

·    Financial Strategy

·    Asset Management Strategy; and

·    Workforce Strategy.

As part of the process, Council’s suite of asset management plans (AMPs) have also been fully updated utilising new asset management software and data. This has enabled a full assessment of progress under the adopted long term financial plan and highlighted areas of positive movement and some minor gaps. The AMPs are also being placed on public exhibition.

Council has also completed a full service review utilising templates applied in other councils and best practice methodology, and participated in a number of audit, benchmarking and comparison processes. Council also engaged consultants to undertake external reviews in a number of priority areas.

This process has included a full internal review across all areas utilising a framework developed and implemented by Port Stephens Council. Staff worked with Councillors to develop a template which was workshopped with staff along with independent staff facilitation.  The reviews considered:

·    A review of the current position of each service reflecting back to Council’s adopted level of service – source of funding, expenditure, current level of service, current staffing, and why the service is delivered;

·    Resources required to deliver the service;

·    Assessment of statutory reporting;

·    Emerging trends relating to the service area;

·    Efficiency opportunities internal, funding procedures; impacts on service, budget, staffing resources;

·    Alternative service delivery options;

·    Options for considered service – continue at same level of service; change level of service; outsource options; cease activity;

·    Implications of service recommendation options – financial, service, staffing, assets.

Work on this process was completed in March 2015 and an initial assessment has been undertaken of key service improvement areas which are being included in the draft Operational Plan for action in 2015-16. The full data set will be used to inform management options for future service profiles and options under FftF over the coming 12 months.

It was also identified there were several service areas requiring independent, external review. Staff assessed the cost of some of the consultant organisations listed on the OLG panel to assist councils determine their FftF status against the adopted benchmarks.  As Council had no identified budget for this activity only a number of core service areas were externally reviewed where budget capacity allowed. These included the library and procurement areas of Council with a review of economic development and business growth activities commenced.

Also in the period Council participated in the NSW Local Government Operational and Management Effectiveness program conducted by PwC. This provided key benchmarking data against corporate and governance areas, identifying areas of compliance and some areas for improvement. The second report in this project is due in April and will be charted against the first assessment to add to the improvement strategies being developed in core governance areas of:

·    Workforce;

·    Finance;

·    Operations;

·    Risk management; and

·    Corporate leadership.

Council also accelerated its Internal Audit Action Plan and is linking the findings from the audit process into the development of its Council Improvement Plan and Operational Plan.

All these aspects have contributed to Council being in a position to finalise a CIP and commence preparing its timeframe for a full Community Strategic Plan review.

The above processes also provide input to future discussions with other local government bodies about shared service opportunities and reviewed models of service profiles.

STEP 3 – Prepare a council improvement proposal (CIP)

Council’s draft CIP has been prepared with data gathered during Step 2 and on the premise that Council has the scale and capacity to continue as a standalone council as determined by the ILGRP.

The draft CIP outlines:

·    Confirmation of Council’s scale and capacity assessment as being NO CHANGE;

·    Outlines a short profile of the LGA and the key challenges and opportunities;

·    Performance against FftF benchmarks;

·    Water utility performance;

·    Key strategies to meet all benchmarks over the coming period which for Bega Valley will see all benchmarks achieved in 2015-16;

·    The CIP action plan and how this plan will improve performance; and

·    How the plan will be put into action.

Strategic

The CIP has been prepared in concert with the Resourcing Strategy and long term financial plan review linking the CIP as a major plank in the Council’s IPR framework.

Consultation

It is proposed that community information/drop in sessions be held in May in Eden, Merimbula, Bega and Bermagui focussing on the community improvement plan and showing the links between the CIP and the review of the Resourcing Strategy and AMPs.

Proposed dates and venues for public information/drop in sessions are:

Wednesday 6 May 4.00-6.00pm Eden Library

Thursday 7 May 4.00-6.00pm Bega Library

Monday 11 May 4.00-6.00pm Bermagui Library

Tuesday 12 May 4.00-6.00pm Merimbula Library

Operational Plan

The CIP will be a key input to the development of all Council’s integrated planning and reporting processes and there will be a direct link into the draft Operational Plan website for 2015-16.

Conclusion

In the recent review of local government in NSW and TCorp financial reports, Bega Valley Shire Council has been clearly identified as financially sustainable and as a standalone council into the future. Under the FFtF, Council has developed a draft CIP to identify how it will move to ensure it is working to achieve sustainability, effective infrastructure and service management, efficiency and has sufficient scale and capacity. The draft CIP will be on public exhibition for 28 days and there will be information/drop in sessions over this period to allow community members to be fully informed about the CIP and confident to make submission on the proposal.

 

Attachments

Nil

 

Recommendation

That the draft Council Improvement Proposal (CIP) be placed on public exhibition for the period 1 May 2015 until 28 May 2015.       

 


Council 29 April 2015

Item 12.5

 

12.5. Major projects quarterly update     

 

Council resolved in December 2014 to receive quarterly reports on a number of major projects for the period January to 30 June 2015. This second quarterly report outlines updates against these key projects.

 

 

General Manager  

 

Background

At its meeting on 17 December 2014 Council resolved:

1.     That Council adopts the major projects for the period 1 January to 30 June 2015 as listed below:

Major Projects:

·    Bega, Bermagui, Eden and Merimbula Town Centre designs

·    Bega Civic Centre

·    Eden Port development

·    Littleton Gardens

·    Merimbula Airport

·    Merimbula Bypass

·    Merimbula effluent management

·    Merimbula lands development

·    Tura Community Centre and Branch Library development

Key organisation operational projects:

·    Response to Fit for the Future, the NSW State Government’s response to the independent review of Local Government including the review of Council’s Resourcing Strategy, including Council’s Asset Management Plans, Long Term Financial Plan and Workforce Strategy

·    Council’s Business Growth and Economic Development Strategy implementation

·    Council’s community and community engagement review

2.      That into the future the development of the annual Operational Plan includes a list of the top projects to be reported on a quarterly basis to the Council and the community.

A monthly staff report is prepared on these and other significant projects for appropriate monitoring and oversight from the senior staff team.  Key aspects reported against include:

·    Planned outcomes and key outputs

·    Progress with Timelines and milestones

·    Risks and actions to mitigate risks

·    Internal and external communication plans

·    Budget items including progress against budget

Councillors receive a confidential copy of these reports on a regular basis.

The following table summarises the information relating to the progress of the items which Council resolved to receive regular updates on.

The draft 2015-16 operational plan when adopted will include a section devoted to these headline projects for the year which will be reported against quarterly.

PROJECT

COMMENT

Town centre design projects – Bega, Bermagui, Eden, Merimbula

Action on Imlay the Eden project is progressing with a focus group meeting held in January and key aspects at works stage.

Spiire reports have been adopted. Funding models being considered as part of long term financial plan review. Landscape architect engaged to detail furniture and construction contract documentation currently being prepared.

Bega Civic Centre

Works progress on target; design aspects for the Council have been scoped; management options are being assessed for report to Council.

Eden Port

Planning and final geotechnical studies are underway, and Council has representation through Wayne Sartori, on the design project team constituted by Crown Lands. Community liaison group has met twice, Council represented through Lucas Scarpin. Discussions have also commenced relating to alternative opportunities in port as part of the project.

Littleton Gardens

Second application for funding submitted to State Government through Public Reserve Management Fund for park and leisure activities on the site.

Merimbula Airport

Operational management options for the period post 30 June were reported to Council for consideration at the meeting on 4 February, 2015.  Draft EOI documents have been completed and are currently undergoing professional review by independent consultant. Expected date for advertising middle of May.

 

EOI for next stage assessment for consideration for funding under the Regional Tourism Infrastructure (Regional Airports) program submitted.

 

Merimbula By Pass

Underground works and power completed for the roundabout. Construction works will commence after Easter with plans to complete the entire project in 2016.

 

Land acquisition matters nearing finalisation.

Merimbula effluent management

Expressions of interest have been called for the Environmental Impact Statement for this project. Report for Council 29 April 2015.

Merimbula Lands development

The prospectus for the projects is being finalised for workshop and reporting to Council.

Tura community centre and branch library development

DA lodged and on exhibition.

Fit for the Future (FFTF) and Resourcing Strategy Review

Service reviews across all activities of Council completed; workshops have been held internally and draft FFTF and Resourcing Strategy documents reported to 29 April 2015 Council meeting. Still on target to workshop with the community over the exhibition period. Leadership forum planning has commenced with dates set as Thursday 28 and Friday 29 May.

Business Growth and Economic Development Strategy implementation

Consultants have commenced work on the review of the business growth strategy and development of a draft action plan. Community engagement sessions commenced.

Communication and community engagement review

Listen Talk Action – community engagement and communications report and toolkit adopted by Council. Training to be held over the 2015 year.

 

Attachments

Nil

 

Recommendation

That Council note the second major projects update report.

 

 


Council 29 April 2015

Item 12.6

 

12.6. Councillor representatives International Cities, Town Centres and Communities Conference, Wollongong     

 

Two Councillor Delegate positions were identified for attendance at the People, Places and Partnerships - Creating liveable & loveable places being held at Novotel Wollongong from 21 - 24 July, 2015.

 

General Manager  

 

Background

At its meeting on 1 October 2014 Council resolved to allocate two Councillor positions in the 2015-16 Councillor Development Program for attendance at the 15th International Cities Town Centres and Communities and 5th Main Street Conference  People, Places and Partnerships - Creating liveable & loveable places being held at Novotel Wollongong from 21 - 24 July, 2015. Early bird registrations close on 12 May so it is timely to identify the Councillors wishing to represent Council at this event.

Speakers from across Australia and internationally will cover a range of topics including:

·      Place Making, Marketing, Main streets, retail and town centres

·      Planning, urban design, development, property, economic development

·      Architecture, landscape, environment, infrastructure, transport

·      Engineering, public works, finance, technology, demography and consumer behaviour. 

The program for the conference can be found at https://www.eiseverywhere.com/file_uploads/ef359d863a922a34af316e2859b34568_Programfinal.pdf?eb=191913

With Council’s commitment to town centre masterplans across the Shire, the work currently being done on reviewing and refocussing Council’s business growth and economic development program, and the move to a “place based” approach this conference provides an excellent opportunity for Council and staff to identify best practice models and build on work being done in the Bega Valley.

Financial

The cost of attendance at the event is covered by the Councillor development program budget for the 2015-16 financial year.

Attachments

Nil

 

Recommendation

That Crs (name to be inserted) attend the 15th International Cities Town Centres and Communities and 5th Main Street Conference “People, Places and Partnerships - Creating liveable & loveable places” to be held in Wollongong from 21-24 July 2015.

 

   

 


Council

29 April 2015

 

Staff Reports –  Finance (Leading Organisation)

 

29 April 2015

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

13.1            Public Exhibition - draft operational plan, draft budget, draft fees and charges 102


Council 29 April 2015

Item 13.1

 

13.1. Public Exhibition - draft operational plan, draft budget, draft fees and charges     

 

Council is required to exhibit its proposed 2015-16 draft Operational Plan including revenue policy, draft fees and charges and draft budget for a period of 28 days

 

 

Group Manager Strategy and Business Services  

 

Background

All councils in NSW are required to develop long term, medium term and short term plans under the Local Government Amendment (Planning and Reporting) Act 2009 which has transitioned councils to the Integrated Planning and Reporting (IPR) framework.

Documents proposed for public exhibition include:

Draft Operational Plan– including the 2015-16 Revenue Policy

The draft 2015 – 2016 operational plan narrows the actions and projects specific to the budget year under the framework provided by the Community Strategic Plan and more specifically by the Delivery Plan.  The Plan includes:

·    An outline of strategic activities to be undertaken for the year

·    An outline of core functions activities per theme area, describing the level of service, resources used and funding sources

·    Presentation of the revenue (rating, fees and charges) policy for the year, and

·    Describes statutory and efficiency performance indicators.

Draft Budget 2015-16

The draft Budget 2015-16 identifies the funding source by function in the Community Strategic Plan themes, and the special rate variations previously approved by the Minister for Local Government and IPART.

Key factors which have informed the budget development include:

·   IPART approved an increase of 5% which results in an additional yield of $1.04M including special variation of $440k for public buildings commencing in 2015-2016.

·   Estimated Award increases of 2.70% costing $696k across general, water, sewer and waste.

·   Addressing the impact of loss of funding from the Federal Government’s capping of Financial Assistance Grants and loss of funding from the State Government and other sources.

The 2016 draft Budget has been developed in conjunction with Council’s Long Term Financial Plan (LTFP). The LTFP “maps” Council’s long term direction including major projects over a ten year period. The LTFP aligns with the Asset Management Plans and service level documents adopted by Council. The LTFP also includes the adopted long term rate pricing path which does not include any special variation in future years.

In summary:

·    The 2016 Budget shows Council’s revenue streams increasing by a combined 3.28%.

·    As circumstances and opportunities may alter each year, such as natural disaster events or new grants, the Operational Plan and Budget will be reviewed throughout the year. Major changes are reported to Council via the quarterly budget reviews.

Draft 2015-16 Fees and Charges

The Council also determines fees and charges for a range of services such as planning and building, library, and children’s services and facility usage. The fees and charges proposed for these services and facilities for the 2015-16 year are detailed in the draft fees and charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Council management committees have been provided the opportunity to submit their draft fees for 2015-16, and these have been included.

Issues

Legal

Under the Local Government Amendment (Planning and Reporting) Act 2009, Council is required to publicly exhibit for a period of 28 days.

Consultation

This report places the relevant documents on public exhibition, calling for submissions on any items.

Community ‘drop in’ sessions will be held in Council library branches during the exhibition period to provide members of the community the opportunity to seek information and ask questions.

Dates for the community ‘drop in’ sessions will be advertised via Community Link, Council website, social media and local media releases.

Proposed dates and venues are:

Wednesday 6 May 4.00-6.00pm Eden Library

Thursday 7 May 4.00-6.00pm Bega Library

Monday 11 May 4.00-6.00pm Bermagui Library

Tuesday 12 May 4.00-6.00pm Merimbula Library

Conclusion

The Council is required to public exhibit its draft Plans and Budget. Public exhibition will include documents available in all library branches, online presence and advertisements in local media.

Council will consider all feedback and formal responses prior to adoption of the Plans and Budget in June 2015.

 

Attachments

Nil

 

Recommendation

1.    That the draft Bega Valley 2015-16 Operational Plan including revenue policy be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

2.      That the draft Bega Valley 2015-16 Budget be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

3.      That the draft Fees and Charges 2015-16 be placed on 28 day public exhibition for the period May 1 – May 28, 2015

4.      That submissions and feedback be considered by Council prior to adoption

  


Council

29 April 2015

 

 

Delegates Reports

 

29 April 2015

 

15.1            Coastal Conference........................................................................................... 106


Council 29 April 2015

Item 15.1

 

15.1. Coastal Conference     

 

The Australian Coastal Council’s Conference was held on 11 to 13 March 2014 on the Mornington Peninsula.

 

Cr Britten, Mayor  

 

Background

The Australian Coastal Council’s Conference was attended by the Mayor (as an Executive Committee member representing NSW) Cr Mawhinney and the General Manager

The program was a very full and "dense" being academic and case focussed.  All presentations will be posted on the Seachange Taskforce website in the near future.

http://seachangetaskforce.org.au

Cr Britten attended the study tour to Hastings Harbour.  The General Manager went to Port Phillip looking at coastal planning strategies and issues and Cr Mawhinney attended the core sessions on research and sea level rise impacts and amelioration.

Below are dot point summaries outlining the topics covered in each session.

DAY 1

Session 1

1.         Coastal tourism - Mornington - Tracey Cooper

·    192 km of coastal tourism destinations for 8 million visitors

·    983 businesses with less than 4 employees.

·    1195 businesses with no employees

·    Need to look at strategies that grow these businesses

·    National Geographic top ten must see destination - huge potential through this recognition and revisitation

·    Find Your Way – a new app giving visitors a chance to tell their holiday/visit story via FB Find Your Way page

·    Product challenge - protect environment and find innovative ways to experience, cherish, protect

http://www.visitmorningtonpeninsula.org

2.         I Sea I Care - young people’s presentations

An excellent model of education and engagement of young ambassadors

http://www.dolphinresearch.org.au/isic-main.php

3.         Bayside Associations Council - EO Bernie Cotter 

·    Covers ten Bayside Councils surrounding Port Phillip Bay

·    1.2 million people in these LGAs with a broader  catchment of 4.5 m

·    Bay Blueprint - 2070 plan three key focuses -  strategic directions 2012-2016; 

·    Modelling - mapping, asset location, sand stores, sediment, wind and wave energy report - CSIRO flood simulation on impacts 

·    Sea level 0.5m by 2020, extreme weather & flooding – resilience capacity required as retreat "not an option"

http://abm.org.au

4.         Prof Bruce Thom

·    Lack of national and state guidance on coastal erosion policy including sea level rise and response;

·    Planning for and addressing impacts of coastal hazards related to sea level rise and coastal councils an ongoing challenge

·    Inability to plan for sea level rise of more than 0.2m by 2040 in built up areas in Victoria

·    Political comings and goings impacts a consistent approach as dealing with these challenges needs a sustained effort. 

5.         Panel discussion

·    Generating data and resourcing to gain this nationwide

·    Place environmental issues alongside other infrastructure issues

·    Informed conversations driving reform agenda

·    Costs and responsibilities and support are critical

·    Federal policy, State power, local problems - vertical fiscal imbalance

·    Inconsistency in how councils are treated is creating burdens

·    Identifying properties with potential of inundation and legal compensation framework – insurance challenges

·    Victorian conflict between 0.2 & 0.8 sea level rise

Session 2 (Michael has slides)

1.         Dr John Church - Climate Change 2023 the physical science basis

·    Rate of sea level rise has increased – 55 mm by 2100; - need to adapt

·    Emissions control impact models on GMSLR - nowhere near that, tracking on highest level up to 98 cm

·    Australia gets larger than average sea level rise - 2.1+ 0.2 mm per year to 3.1 + 0.2mm/yr

·    Will need to adapt in Australia

·    Projection maps - Australia wide there is variability - information available on web site Intergovernmental Panel on Climate Change 

www.ipcc.ch/

2.                     Dr Justin's Bell -LAWYER  scope of liability for decision making in coastal areas - how far do protections extend?

·    Publication Climate Change and Coastal Development law in Australia

·    Local Government Association NSW Sect 733 - not talking about this but generic 

·    Local Government hard decisions, negligence law, public authorities treated differently, competing interest limited financial resources, IPP review of negligence - public functions, policy decision, = reasonable council test

·    Legislation introduced in most States:

·    NSW - 43A civil liability applies for special statutory power

·    Harden matter Curtis v Harden stones on road was a special statutory power 

·    What is 'so unreasonable'

·    Case study - illegal coastal defence structures –

no design, no planning approval,

awareness critical need to act;

if unaware was there an inspection schedule or policy?

can we resource it?

When aware - order removal of structure (need to manage flow on impact); require retrospective assessment - put repair requirement on title, retrospective approval; court action

3.         Dr Sean Pascoe - CSIRO Marine Resource Economics Team - oceans and atmosphere research

·    Measuring social, cultural, economic indicators - report card Gladstone Healthy Harbours

·    Why report cards – Triple Bottom Line – environmental /economic = viable; social/environmental = bearable,  social/economic = equate all three  environmental/social/economic = sustainable, overlay cultural = inter-generational sustainability

·    Gladstone- case study harbour working port, industrial, cultural, history

·    Methods- 1. identify objectives/priorities (cultural, social, economic) community priorities and organisational ones ie sense of place more important than cultural  2. identify appropriate  indicators and measure choice - develop survey and methodology to measure on scale with ratings in survey, establish benchmarks and baselines - linking indicators to objectives used a Bayesian Belief Network framework (extensive impact in resourcing and I found very confusing)  - not something I'd recommend);  3. identify reference points >collect info> develop framework - available on website –

http://rc.ghhp.org.au

DAY 2

Session 1

1.         Andrew Howes ABS Intergenerational report release - record levels of change

http://www.treasury.gov.au/PublicationsAndMedia/Publications/2015/2015-Intergenerational-Report

http://www.afr.com/p/national/economy/intergenerational_report_the_key_i6aWeSVJbxDxuBD6NelLVI

·    Natural increases + net migration Census - d + b + NOM

·    Including in Overseas  migration population estimates 

·    2056 ABS 35-46 million, population in 1971 13 million, now 23.5 million g (350,000 since 2006)

·    Estimate regional population also includes internal migration

·    External migration is 50% heigher than national increase

·    Seachange areas increase 21.7% over past 15 years

·    Seachange areas will increase but in those areas Aged population will increase as a greater proportion on population 

·    Proportion of younger age cohorts decreases

·    40% of population is over 65 in regions and some increases will be up to 200% (eg Gold Coast).

·    Coast age 2001 – 2027, South Australia and Tasmania very high, and WA lowest with NSW and Victoria in the middle.

·    New release ABS regional internal migration stats to be released 31/3/15 Category 3412

·    Communique from conference to government about importance of retaining Census in current form

·    There is a need to re-evaluate future population trends

2.         Dr David Rissik - National Climate Change Adaptation Research Facility NCCARF

www.nccarf.edu.au Framework for managing coastal climate risk

·    Half budget directed to developing coastal climate risk management tool/framework

·    Administer Management Tool - voluntary, leading practice, natural and built assets, local and state stakeholders, national with local application - tough ask email d.rissik@nccarf.edu.au

·    STAKEHOLDER ENGAGEMENT - across Australia; online survey

 http://www.nccarf.edu.au/content/user-needs-survey-coastal-climate-risk-management-tool )

3.       Prof Tim Smith - Sustainability Research Centre Uni Sunshine Coast - social, economic & institutional dimensions of climate change adaptation

All background on website

http://www.nccarf.edu.au/social-economic-and-institutional-dimensions/

4.       Joanne Ludbrook Peron Naturaliste Partnership WA-, 9 WA Councils coastal adaptation cooperative regional approach – 

http://peronnaturaliste.org.au 

Good case study of regional local council partnership looking at planning, monitoring, action - panel of councillor representatives, staff panel of senior planning representatives, working group at officer level, plans developed, community awareness plan for Busselton, Google earth mapping workshop, share learnings and stories - integrated and risk approach, need to be systematic, innovative and flexible and balance assets with environmental social cultural and economic outcomes.

Risk assessment and adoption plans (20% of coast lines at risk)

5.         Andrew Coghlan National Emergency Management Services, Red Cross

·    Managing and funding natural disasters in coastal Australia

·    Australian Business Roundtable for Disaster Resilience and Safer communities outcomes on discussion on productivity commission inquiry into natural disaster funding, potential impacts for local councils;

·    Note BVSC made submission on this on funding (changes from recovery to mitigation).

·    Key leaders Mike Wilkins from IAG and Gail Kelly former from Westpac who were personally moved by impact of Black Saturday fires in Victoria

·    In Australia more potential for fire, particularly in South East Australia, more intense rainfall, uncertainty over cyclone, threat of pandemics etc; changing democratic adding a Canberra/year.

·    Ageing pop; 27% of Australians born overseas; impacts of globalisation

http://australianbusinessroundtable.com.au

·    National Strategy for Disaster Resilience - move from hazard risk ie prevention to more collaboration and community resilience )

·    Deloitte's economic cost of Natural disasters, $6.3 billion this will rise to 236 by 2050. Australian Government invests $50 m, if this was increased to $250 m we could ½ the cost of disasters in prevention and $560m on recovery annually aim to reduce cost of recovery ($s & human)

·    Building Preparedness and Resilience in Australian Communities work currently underway to develop resources. Government response to Productivity Report due by 31/5/15

A full report will be available by the end of May at:

www.austrarlianbusinesscounciltable.com.au

6.         Dr Andy Steven CSIRO Coastal, Oceans & Atmosphere Flagship

·    National Marine Science Plan  - eight theme areas, draft plan for consultation March 2015, launch Aug 2015 

http://frdc.com.au/environment/nmsc-white/Pages/default.aspx

·    Drivers for coastal domain - population, minerals and energy projects, marine parks, shipping traffic

·    Coastal challenges - a question of balance informed timely transparent decisions versus protection of vulnerable environments and species

·    Ten coastal priorities - better characterisation of habitats, understanding catchments, address cumulative impacts and stressor impacts, better bio observing, understanding connectivity and resource use, incorporating quantitative  and qualitative,  social and cultural perspectives into decision making, develop Eco engineering approaches, develop methods to mitigate coastal hazard, improve data co-ordinate accessibility, support development of urban and coastal industries

·    What we need - infrastructure, training and capacity building, and funding, 

·    National collaborative research infrastructure - NCRIS 

https://education.gov.au/national-collaborative-research-infrastructure-strategy-ncris

·    Australia coastal ecosystem facility –

http://acef.tern.org.au 

·    Accessing wave and beach profile data

7.         Dr David Beynon School Architecture & Built Environment Deakin University

Character - planning schemes, relationship between sense of PLACE and impact of incremental development on the built and natural environments of coastal towns - Sorrento and Queenscliff case study underway - engagement and interviews

8.         Prof Barbara Norman UC, planning & bushfire risk in a changing climate

Fire, coasts and climate change preparing for the future

http://www.sapphirecoastdiscovery.com.au/wp-content/uploads/Norman-South-East-Coastal-Adaptation.pdf

http://www.bushfirecrc.com/sites/default/files/urban_and_regional_planning.pdf

9.         Simone Bonella Frankston City Council - Frankston Coastal Management Plan

http://www.frankston.vic.gov.au/files/077134ea-09e9-4859-93eb-a1ff00fb24bc/Climate_Change_Impacts_and_Adaptation_Plan.pdf

10        Dr Janette Shaw Institute for Marine & Antarctic Studies, University of Tasmania - checklist for environmental governance of coasts

http://www.imas.utas.edu.au

11        Dr Boyd Blackwell UNE, Beach System Ecoservices, Economic Value & Coastal Management

·   Cost benefit analysis in area of value of coastal resources is very narrow focussing on beach recreation and tourism - significant CBA literature on aspects such as value of lifeguards, caravan park

·   What's missing: use (direct, passive, protection) versus non-use (non-market, bequest, vicarious)

·   Need to take broader systems view however likely to be focussing on short term crises 

·   Need to look at models of values, trade-offs between use - there is significant funding restrictions

·   Research methodologies developing such as drones to count beach users

http://www.wcb.vic.gov.au/projectcaravan.html

http://mybeachmysay.com

12.     Virginia Brook Strategic Planner, Mornington Peninsula Council - Coastal Planning Matters Integrated, consistent, transparent planning - consensual decision making

http://www.mornpen.vic.gov.au/Building_Planning/Coastal_Planning

·   Coastal planning matters - Values - cultural, natural systems, recreation

13.       Prof Barbara Norman UC - planning & bushfire risk in a changing climate – an emerging field, 

Workshop session focussing on providing responses to 3 questions - should growth development be allowed in bushfire probe areas, should there be national guidelines, and who pays?

DAY 3

1.       The Hon Lisa Neville MP Victorian Minister for Environment, Climate Change & Water

2.       Mr Jon Hickman (Vict Coastal Council) & Dr Geoff Westcott (Asst Prof School of Life & Environmental Science Deakin university) –

·   How to obtain coastal policy stability - 20 years of Victorian Coastal Management Act 1995

·   History presentation focussing on cultural, organisational and government issues and responses; a very different history to NSW - 4 principles changed over time to the hierarchy of principles Protect/ Sustain /Direct (plan)/ Develop - a distinct hierarchy that assisted in decision making

·   Strengths : Three tiered structure; coastal strategies; hierarchy of principles; community representation - consistent, clear community view on what they want coast to be which grants a community licence; and legislation

·   Considerable discussion about funding models; levies; reviewing rating; focussing on blue and green infrastructure; raising $s specifically for projects that are valued not consolidated revenue; artificial boundaries can limit thinking there's a need to local at planning for regions of commonality not bounded by artificial lines on maps; the next step is a complex public policy task; 

3.       Kate Sullivan Director planning & environment, Surf Coast Shire Council - Surf Coast Surfing Industry Report

http://www.surfcoast.vic.gov.au/files/a793e997-1bc2-4e59-bfa9-a42900d5ba87/Economic_Value_of_the_Surf_Industry.pdf

http://www.surfcoast.vic.gov.au/For_Business/Surf_Industry_Mapping_Project

 

4.    Oliver Moyles, Environment Services Moyne Shire Council - Climate Change Adaptation Projects: A local & international perspective - 

·   local coastal assessment undertaking - review science, assess vulnerability, assess risk, plan adaptation, implement adaptation,

·   Wave energy dissipation to protect coastal dunes which have been a tip site, rock model cheap & effective, also used plantings; 

·   Cost of gradual adaptation $1 now saves $3 responding recovery cost

·   A key message was about maintenance and continual adaptive improvements

·   When you build engineering solutions make them multiuse ie a rock wall as a pathway, engineering solution signed as a piece of art

5.         Adam Magennis Aboriginal Cultural Heritage Officer, Mornington Shire Council –

Local Government management challenges in protecting and preserving Indigenous cultural heritage values along the coast - cultural heritage sensitivity overlays are identified in the planning scheme

6.         Dr Boyd Blackwell - UNE - Coastal caravan parks & economic benefits of climate change adaptation - 

http://www.wcb.vic.gov.au/caravanparks/CCPs%20Decision%20Support%20Framework%20-%20high%20quality%20for%20web.pdf

Reviewed five caravan parks, survey park users and local residents, looked at willingness to pay and demand curves and sensitivity linked to adaptation 

7.         Gary Evershed CEO Shire of Augusta Margaret River –  The Phoenix rises Margaret River Surfers Point case study

·   Out of control burn, impacts on Margaret River 2011, large property loss, no life loss.

·   Margaret River natural amphitheatre redevelopment - mass diversity and infrastructure loss - blank canvass to create iconic world surfing site;

·   Aim to get ASP world league tour event; commenced for women in 2013 and men in 2014;

·   Substantial economic value adding with world-wide profiling; extensive access and public art; funded by state and federal grants

8.         Conference Communique 

Key issue raised was concern at the proposed cessation of the national census as this forms a key tool in Council's and other agencies and organisations planning. This was agreed unanimously to be forwarded to the Treasurer. A copy is to be provided to member councils for them to forward to local federal members. 

9.         Coastal Issues Forum –

Wide ranging discussion on key issues and sharing of key common issues and solutions/work being undertaken. Summary will be available with all papers on the coastal councils website.

http://seachangetaskforce.org.au

Focus on blue carbon literature (http://www.wetlandcare.com.au/index.php/programs/blue-carbon)

With CSIRO resource of research

http://www.csiro.au/Organisation-Structure/Flagships/Wealth-from-Oceans-Flagship/ORCA/Coastal-Carbon-Cluster.aspx )

Special General Meeting National Seachange Taskforce Inc

1.            Name change - Australian Coastal Councils Association Inc

2.            All references be changed to reflect above come into being July 2015

Attachments

Nil

     


Council

29 April 2015

 

 

Questions On Notice

 

29 April 2015

 

19.1            Response to Question on Notice from Cr Taylor - Unauthorised use of land at Darcy Lane, Jellat........................................................................................................................... 115

19.2            Impact on Tourism of Air BnB - Question from Cr Keith Hughes..................... 118


Council 29 April 2015

Item 19.1

 

19.1. Response to Question on Notice from Cr Taylor - Unauthorised use of land at Darcy Lane, Jellat     

 

Response to Cr Bill Taylor’s Question on Notice at the Council Meeting held on 18 March 2015.

 

Group Manager Planning and Environment  

 

Introduction

On 18 March 2015 Cr Taylor asked could Council be advised of the present situation in regard to the unauthorised operations on land at Darcy Lane, Jellat and requested that the advice include;

1.            A brief chronology of the matter since Council became aware of the unauthorised use.

2.            What action has been taken since the successful court action.

3.            What options are open to Council to uphold its planning responsibilities in relation to the use of that land.

Background

The site in question relates to Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, which is owned by Laidley and Ellen Russell (the Russells).  Since 2005 a junkyard has operated at the site, both with and without consent.  Whilst the junkyard has now been closed to the public there remains a significant quantity of ferrous and non-ferrous articles being stored at the site, which are visible from public areas and adjoining properties. 

This matter has been the subject of multiple actions by Council staff and is an ongoing compliance matter.

The following is provided in response to Cr Taylor’s Question on Notice.

Chronology of events

2005 – the use of Lot 3 DP 735201, 27 Darcy Lane Jellat Jellat (the Site) as a ‘junkyard’ commenced without development consent.

October 2005 – the landowners, the Russells, lodged a development application (DA) seeking regularisation of the land use.

September 2006 – Council staff recommended refusal of development application.

January 2007 – Council resolved to approve the development under a temporary consent for 12 months from 1 February 2007 with the possibility of a further 12 month extension provided the Russells could demonstrate that satisfactory progress had been made towards acquisition of an alternative site for the land use.

October 2008 – Council staff wrote to the Russells and advised that as the conditions of consent were not met, the operations on the Site should cease by 23 January 2009.

November 2008 – the Russells applied to modify development consent 2005.758 to allow the operation to continue until 23 January 2010.

March 2010 – Council staff wrote to the Russells advising that development consent 2005.758 had lapsed and therefore no approval remained in place for the operation of the junkyard from the Site.

July 2010 – the Russells were given 30 days to cease operations.

27 October 2010 – a fresh development application (DA2010.502) was submitted by the Russells for ‘Industrial use – Scrap metal recycling facility and erection of a shed’.

May 2011 – DA2010.502 was reported to Council for consideration with the staff recommendation of refusal.

14 August 2012 – Council resolved to refuse DA2010.502 and the Notice of Determination was issued on 20 August 2012.

18 October 2012 – The Russells filed a Class 1 appeal of Council’s refusal to the NSW Land and Environment Court. 

23 January 2013 – Commissioner G T Brown dismissed the appeal.

Actions taken since appeal was dismissed.

24 May 2013 – Draft summons served to the Russells.

2 August 2013 – Bega Valley Local Environmental Plan 2013 was gazetted which rezoned the Site to RU2 Rural Landscape.  The new land use definition for ‘junkyard’ became Resource Recovery Facility. A Resource Recovery Facility is prohibited in the RU2 zone.

19 August 2013 – Summons filed in the NSW Land and Environment Court to commence Class 4 proceedings against the Russells.  The summons sought a declaration from the Court that the Site is being used as a ‘junkyard’ in breach of the Environmental Planning and Assessment Act 1979 and seeking an Order restraining the Russells from carrying out or undertaking on the property the use of a junkyard, and to remove all ferrous and non-ferrous materials (not associated with the lawful earthmoving business) and motor vehicle bodies from the property.  Site remediation was also sought.

September 2013 - The Russells, through their legal representative Stephen Groch of Merimbula Legal, made representations to Council’s solicitor for an extension of time (6 months) to comply with the matters outlined in the Summons.

October 2013 – The Russells placed a public notice in the local newspaper advising that Bega Scrap Metal will be closed to the public.

October 2013 – Due to the change in land use zoning which made the land use prohibited (as opposed to permissible with consent) Council’s solicitor provided advice that it would be in Council’s best interests to discontinue the Class 4 Land and Environment Court proceedings and initiate new Orders under Section 124 of the Local Government Act 1993. The Class 4 proceedings were discontinued on 28 October 2013.

22 January 2014 – A Notice of Intention to Give an Order (Order No. 10) under the Local Government Act 1993 was issued to the Russells to:

1.    remove from the Site all motor vehicle bodies and all ferrous and non-ferrous articles (not associated with the lawful earthmoving business).

2.    comply with the Order within two months of the service of the Order.

25 February 2014 – Council staff received representations from the Russells seeking an extension of time to find alternative premises for the land use.

May 2014 – Council’s General Manager responded to the Russells advising that as there has been sufficient time since Council’s decision to refuse the development application and the Court’s decision to uphold Council’s refusal, that staff were directed to issue the final Order.

28 May 2014 – An ‘Order 10’ under Section 124 of the Local Government Act 1993 was issued to the Russells.

24 September 2014 – Council officers inspected the Site.  It was noted that some materials had been removed and that the Site in places had been tidied and some sorting of items had taken place.  Mr Russell advised Council officers that seven small trucks of materials had been removed from the site.  When asked by officers how much longer is needed to remove all the materials, Mr Russell advised they needed until Christmas 2014.

16 April 2015 – Council officers inspected the Site.  It was noted that some additional materials had been removed since the last inspection.  The Russells advised that since October 2014 six additional truck-loads of materials have been removed from the Site, totalling 31.04 tonnes. 

The Site still retains a large amount of ferrous and non-ferrous materials and the terms of the Order have not been satisfied.

Options available to Council

Council staff has sought legal advice as to the options available to Council in relation to this matter.  A copy of that advice from M E McMahon and Associates Solicitors is provided as a confidential attachment to this report.  Four options have been identified. 

It is proposed that these options be considered by Council staff and a course of action recommended to Council as a separate report at earliest possible opportunity.

 

Attachments

1.            Legal advice from M E McMahon & Associates (Confidential)

 


Council 29 April 2015

Item 19.2

 

19.2. Impact on Tourism of Air BnB - Question from Cr Keith Hughes      

 

Cr Hughes asked at the Council Meeting of 18 March 2015 could staff advise if there has been any research into the impact, if any, on the tourism industry, in relation to “Air BnB”.

 

Group Manager Strategy and Business Services  

 

Background

Air BnB is a community marketplace for people to list, discover and book short-term accommodation around the world – either online or from a mobile phone or tablet.

It allows owners to list their property for short term rental on the Air BnB website.

In terms of local planning permissibility, the relevant clause of the Bega Valley Local Environmental Plan 2013 is:

        “6.11      Short-term rental accommodation

(1) The objective of this clause is to enable the temporary use of dwellings as short-term rental accommodation for tourists and visitors without requiring development consent.

(2) Despite any other provision of this Plan, development consent is not required for the temporary use of a dwelling as short-term tourist and visitor accommodation (except for bed and breakfast accommodation).

(3) In this clause short-term tourist and visitor accommodation is tourist and visitor accommodation that is used as such on a temporary basis.”

The exception for “bed and breakfast accommodation” means that if both bed and breakfast is offered, then development consent from Council is required (if permitted in the zone).

Two or three bed and breakfast (B&B) operators (with development consent in place) have contacted Council in the past 12 months concerned with unauthorised B&B operators. They advised that they were aiming to prepare a submission under the banner of a local B&B association, but none has been received to date.

After discussions with Sapphire Coast Tourism, it appears no industry-wide issue has been raised with Council or Sapphire Coast Tourism regarding the impact of Air BnB on the local accommodation industry and no local research has been identified at this time.

Broader research has been conducted; one example of this being a research paper titled

The Rise of the Sharing Economy: Estimating the Impact of Airbnb on the Hotel Industry”.

This paper can be found online, by accessing the following link:

http://people.bu.edu/zg/publications/airbnb.pdf

 

Attachments

Nil