Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 2 September 2015 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

24 August 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

2 September 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 12 August 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.

8.1                   Stage 1 - Construction of a dwelling, Stage 2 - Establishment for use as a Health Consulting Room (Dentist)                                                                                                                                                              9

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                   Bega Showground Trust - Water Use Subsidy............................................................................ 28

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                 Lake Curalo Walkway - Acquisition of Easement Over Private Land .................................... 34

10.2                 Assignment of licence - Eden Visitor Information Centre........................................................ 38

10.3                 Bemboka house options ............................................................................................................... 41

10.4                 Acquisition of 12-16 Cabarita Place, Merimbula....................................................................... 48

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                 Compulsory acquisition of land and road reserve for access purposes............................... 54

11.2                 Tender RFT 25/15 External Electrical  Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent  ......................................................................................................................................... 77

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                 Joint Organisation of Councils.................................................................................................... 80 .

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 

Nil Reports.

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                 Biamanga National Park Board of Management ....................................................................... 84

 

16     Rescission/alteration Motions

 

17     Notices of Motion

17.1                 Prioritisation of the Widening of Sherwin Lane Bermagui...................................................... 86

17.2                 Council support for all actions necessary to stop the impact of "ice" as a drug on the community                87

 

18     Urgent Business

 

19     Questions On Notice

19.1                 20.1 Response to Question on Notice Cr Hughes - Water Supply Information................... 90

 

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

2 September 2015

 

 

Staff Reports –Planning And Environment (Sustainability)

 

2 September 2015

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

8.1              Stage 1 - Construction of a dwelling, Stage 2 - Establishment for use as a Health Consulting Room (Dentist)................................................................................................................. 9


Council 2 September 2015

Item 8.1

 

8.1. DA No. 2015.236: Stage 1 - Construction of a dwelling, Stage 2 - Establishment for use as a Health Consulting Room (Dentist)       

 

Group Manager Planning and Environment  

 

 

Applicant

B Thomas & S Joseph

Owner

B Thomas & S Joseph

Site

77 Glen Mia Drive, Bega

Zone

R2 Low Density Residential

Site area

2,234sqm

Proposed development

Stage 1 – Construction of a Dwelling

Stage 2 – Establishment of use as a Health Consulting Room (Dentist)

Precis

Council is in receipt of a development application for a staged development being; Stage 1 Construction of a Dwelling and Stage 2 Establishment of use as a Health Consulting Room – Dentist.

The application is reported to Council for consideration on the basis of a recent related resolution of Council, at its meeting of 12 August 2015, to remove ‘health consulting rooms’ as a permissible land use in the R2 Low Density Residential zone.

The application was notified to adjoining and adjacent landowners and submissions were received.

The application is recommended for approval.

Background

Development application 2015.236 was submitted to Council on 17 June 2015 for a staged development (Stage 1 Construction of a Dwelling and Stage 2 Establishment of use as a Health Consulting Room – Dentist).

During the assessment of this application staff took the opportunity to consider the broader merits of locating Health Consulting Rooms in the R2 Low Density Residential zone.

On 12 August 2015 staff reported to Council on a number of proposed minor amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) which included a recommendation that staff prepare a Planning Proposal to amend BVLEP 2013 to remove Health Consulting Rooms from the R2 land use table and that the Planning Proposal be forwarded to the Department of Planning and Environment’s Gateway Panel for determination. Council resolved at that meeting to prepare a Planning Proposal to this effect.

Description of the proposal

The proposal is for the construction of a dwelling house (Stage 1) and health consulting room/dentist (Stage 2). The proposed building is a two storey construction, with three bedrooms, lounge, dining, kitchen, laundry and amenities on the first floor and garage, single consulting room, amenities and storage on the ground floor.

The Applicant has detailed that the proposed consulting room is to operate one day per week between the hours of 9am and 4pm.

A copy of the development plans is provided as Attachment 1 to this report.

Description of the site

The site is a 2,234sqm vacant block of land on the western end of Glen Mia Drive. The subject site slopes from the south west to the north eastern corner and contains rocky outcrops along the southern side of the lot.

The site is surrounded by two storey and single storey residential development and has sealed road frontage onto Glen Mia Drive. Along the northern boundary is a battle axe driveway that services the two lots to the North West.

 

Figure 1 Aerial photo of the subject site

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Staff highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer’s Section 79C assessment will be available at the meeting.

Zoning

The subject site is zoned R2 Low Density Residential under BVLEP 2013 and ‘dwelling houses’ and ‘health consulting rooms’ are both permissible land uses in the zone with development consent.

Health consulting room is defined as “premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time”.

The objectives of the R2 Low Density Residential zone are as follows;

·    To provide for the housing needs of the community within a low density residential environment.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

It is considered that the proposed development, in its low density form and appearance, along with the nominated limited operating parameters, is consistent with the objectives of the R2 Low Density Residential zone.

Issues

The assessment of the application has identified several key issues which are discussed in detail below.

Compliance with BVLEP 2013

The proposal has been assessed in accordance with the provisions of the BVLEP 2013 (particularly in terms of floor space ratio and building height) and was found to be satisfactory.

Compliance with BVDCP 2013

The proposal has been assessed in accordance with the provisions of the Bega Valley Development Control Plan 2013 (BVDCP 2013) and was also found to be satisfactory. The proposed development complies with the car parking provisions of Clause 5.9, which require three spaces per consulting room plus one space per dwelling. A total four parking spaces are to be provided onsite. 

The development is also consistent with the landscaping, setbacks, design and desired future character requirements of the DCP.

Submissions

The development application was placed on exhibition for a period of 14 days from 1 July 2015 until 15 July 2015. A total of 6 submissions were received in relation to the development.

The key issues raised in submissions are discussed below followed by staff comment.

A copy of the submissions will be available at the Council meeting.

Loss of visual amenity

Comment:

Concern was raised that the requirements under BVDCP 2013 were not satisfied in relation to the privacy of neighbouring land and that the proposed onsite car parking would contribute to a loss of visual amenity within the streetscape.

In response to this concern an amended landscaping plan has been submitted detailing the provision of additional landscaping to screen the front of the car parking area from the street and along the retaining wall and northern boundary, which would provide increased privacy for adjoining neighbours.

In addition, amended plans have been received reducing the number of car parking spaces (from the original plans which proposed 5 spaces) to comply with the minimum required (being 4 parking spaces). The deletion of the additional space and a reduction to the required manoeuvring area reduces the amount of hardstand area and acts to improve the visual amenity for adjoining properties.

Noise

Comment:

Concern has been raised in relation to potential adverse impacts on the amenity of adjoining residential properties as a result of noise from cars associated with the practice.

As the dental practice is proposed to operate one day per week during the hours of 9am to 4pm, the likely traffic generation is low and not inconsistent with that expected in a residential area. The noise impacts associated with such traffic are considered to be acceptable.

A suitable condition of consent in relation to noise impacts of plant and equipment is recommended in the draft consent which is provided as Attachment 2 to this report.

Safety and security of surrounding residents

Comment:

Concern has been raised in relation to potential for increased crime in the neighbourhood due to drugs and money associated with the running of the dental practice would likely be kept at the premises.

There is no evidence available to suggest that there are increased rates of crime (e.g. break and enter or burglaries) associated with dental practices. It is considered that the safe and secure storage of drugs on the premises is the responsibility of the owner of the practice and, as with any building, would be required to ensure the building can be appropriately secured.

Concern has also been raised in relation to the storage and disposal of hazardous/biological materials and waste associated with the dental practice.

A suitable condition of consent is recommended in relation to waste management requirements.

Increased traffic along Glen Mia Drive

Comment:

Concern has been raised in relation to the proposal generating unreasonable amounts of additional traffic along Glen Mia Drive. There were also concerns raised regarding the potential for cars visiting the dental practice to park in the street, which may cause visual obstruction to residents exiting driveways along Glen Mia Drive.

As the dental practise is proposed to operate one day per week during the hours of 9am to 4pm, it is considered that any increase in traffic movements along Glen Mia Drive would be minimal and would not cause undue disturbance to surrounding residents.

A suitable condition of consent is recommended requiring all onsite parking to be suitably signposted for use by visitors/patients.

Precedent for other consulting rooms

Comment:

Concern has been raised in relation to the proposal being inconsistent with the amenity and character of a residential area and the potential to start a trend for professionals such as doctors and architects to operate professional suites within the Glen Mia Estate.

In terms of amenity and character, it is considered that the low scale nature of the development is not inconsistent with the low density character of the locality.

As mentioned previously in this report, Council has resolved to remove ‘health consulting rooms’ from the R2 zone however, as this application was submitted prior to that resolution; Council must assess the proposal on its merits. It is submitted that, for the reasons highlighted in this report, that the proposal is suitable in this context and as such recommended for approval.

It is noted that regardless of the removal of ‘health consulting rooms’ from the R2 zone, residents can still operate a Home Occupation or Home Business from their dwellings, without consent in the R2 zone, provided the definitions of those two land uses are complied with.

Restrictive covenants for the Glen Mia Estate

Comment:

Concern has been raised in relation to the proposal being inconsistent with the restrictive covenant placed on lots within the Glen Mia Estate subdivision. These particular covenants were imposed by the developer and are not regulated or enforced by Council, as they are an agreement between the developer and the land owner.

Decreased property values

Comment:

Concern has been raised in relation to the potential for decreased property values for surrounding residential properties.

The impact on property values as a result of the development is not a matter for Council’s consideration in its planning consent authority role.

Conclusion

The development application raised four main issues related to privacy and loss of visual amenity, noise, safety and security of surrounding residential properties and potential for increased traffic on Glen Mia Drive.

The proposed development complies with the relevant Clauses of the BVLEP 2013 and BVDCP 2013 and the relevant issues have been addressed by way of appropriate conditions of consent.

The proposed scale of the development, being one day per week, is considered to be reasonable in the circumstances of this application and as such the proposed development is recommended for approval, subject to the conditions outlined in the draft consent.

 

Attachments

1.            Development plans

2.            Draft consent conditions

 

Recommendation

1.         That development application No. 2015.236 for the construction of a dwelling and a health consulting room (dentist) at Lot 510 DP 1085869, 77 Glen Mia Drive, Bega be approved subject to conditions as provided in the draft consent attached to this report.

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

 


Council

2 September 2015

Item 8.1 - Attachment 1

Development plans

 


Council

2 September 2015

Item 8.1 - Attachment 1

Development plans

 


Council

2 September 2015

Item 8.1 - Attachment 1

Development plans

 


 


 


Council

2 September 2015

Item 8.1 - Attachment 2

Draft consent conditions

 


 


 


 


 


 


 

 

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

2 September 2015

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

9.1              Bega Showground Trust - Water Use Subsidy..................................................... 28


Council 2 September 2015

Item 9.1

 

9.1Bega Showground Trust - Water Use Subsidy      

 

Report on background, issues and consultation with Bega Showground Trust regarding Water Use.

 

General Manager  

 

Background

The Bega Showground Trust has approached Council in regard to a current arrangement whereby the annual water costs for water use on the show arena at the Bega Showground is subsidised through a rebate. This report outlines background, issues and consultation noting the arrangement is an exception to typical practice at similar sites and recommends a staged process to cease the arrangement.

Staff have been in discussions with representatives of the Bega Showground Trust (the Trust) in regard to water subsidies made to the Trust by Council by direct payment. The amount has been approximately $4,000 per year, based upon a maximum rebate for 2,200 kilo litres of water per annum.

History

While there are some records regarding water meters on the Bega Showground and payments being made to the Trust in the past, staff have be unable to locate formal records which set out the reasons why Council is involved in subsidising water use on the site, the site is Crown Land, managed by the Trust.

It is understood the subsidy arrangement has been in place for many years based on an informal agreement.  During a recent meeting with representatives of the Trust on 11 August 2015 it was discussed that there were no separate water charges for Bega properties prior to the Council amalgamation in 1981; however post the amalgamation it was not uncommon for other public land managers in the former Bega Shire area not to be charged water use fees. It seemed likely this was the case at the Showground until the onset of the drought which began in the early 2000’s. At this point more accountability was required in regard to water consumption throughout the Shire. Charges were applied to all water meters on the showground site from that point. The largest water use on the site was, and still is, related to watering of the showground arena. Council has been paying cash rebates to the Trust to subsidise water use since that time. It appears the arrangement was not formally reported or endorsed by Council.

Issues

Legal

The relevant legislation is the Crown Lands Act 1989 (NSW). It defines the roles and responsibilities of a designated Trust in the management of Crown Land which include operational costs (including utilities). 

Policy

In 2014 Council reviewed water allocation subsidies at its own sites which are managed by community committees. Water allocations are now applied by volume at Council sports grounds.

The Bega Showground is Crown Land managed by a Crown Trust (Bega Showground Trust). Council does not make regular payments to other Crown Trusts to subsidise water use at other similar sites in the Shire (i.e. Pambula Sports Ground, Cobargo Sportsground, Cobargo Showground).

Asset

Council has no involvement in operations at Bega Showground such as determining or managing uses, site bookings, facilities use and management or user fees and charges, all of which have an effect on operating costs and water use.

There are many public land managers in the Shire that provide access to facilities that are highly valued by the community. These include schools, national parks and state forests; amongst many others. It is important that areas of responsibility are clearly defined and that land managers are able to focus on the assets they are responsible for. Where there may be ‘cross overs’ or exceptions in some cases it is important the reasons for these are clearly understood and defined.

The cost of subsidies paid towards the water use at the Bega Showground come from Council’s Leisure & Recreation budgets. The purpose of these budgets is primarily to operate and maintain sites Council has ownership and responsibility for. Council faces its own challenges in delivering services and meeting user and community expectations on these Council owned and managed sites across the Shire.

Social / Cultural

There is no questioning the value and benefits that the Showground provides to the Bega and broader community. During the recent meeting the efforts of the current Bega Showground Trust office holders to increase availability and community use of the facilities at the showground were noted and they should be congratulated for their efforts.

Strategic

At present there is not a strategic plan or direction for Council to become involved in the operation of the Bega Showground. The State Government has undertaken a broad review of the management of Crown Land through the Crown Lands Legislation White Paper 2014. There has been no further advice to Council in relation to this review.

Consultation

Until the issue of unpaid water subsidies was raised by the Trust there had been no formal consultation on a change to the status quo.

Council staff and the Mayor met with representatives of the Trust on 11 August 2015 to discuss the matter and for each party to provide more information to the other where possible.

Staff have had several phone conversations and with the Trust President and Secretary. At the meeting the following items were discussed:

·    Lack of information or records that establish the reasons Council pays subsidies for water use on the Bega Showground site.  

·    It is an unusual arrangement for Council to pay water subsidies as Council does not pay for water use on other similar trust managed Crown land sites.

·    Last year Council changed the way water payments and subsidises were made to Council managed sports grounds. Water credits (by volume) are now made to water accounts as opposed to direct money payments to sportsground committees.

·    The cost of subsidies paid towards the water use at the Bega Showground will come from Council’s Leisure & Recreation budgets. The purpose of this funding is primarily to operate and maintain sites Council has responsibility for.

·    The point was made by the Trust that they had not been consulted or notified of any change to previous arrangements. This, understandably, has led to the expectation they would continue to receive a water rebate payment from Council, which they have done for some time.

It was suggested that the Trust may like to make a written submission to Council in regard water subsidies. At the time of writing this report a submission had not been received.

It is noted that there has been limited consultation with the Trust in regard to possible changes to the status quo. However to see consistency in the way Crown managed sites are considered across the Shire it is proposed that the subsidy be phased out by Council meeting the current arrangement to support the Trust in management of their current water account for 2014/15 and 2015/16 and that 2016/17 be the final year of the agreement with a 50% water subsidy being made.

Financial

The subsidy to the Trust has been approximately $4,000 per annum. By comparison and to provide context this would equate to approximately 26 programmed playground services, or three picnic setting replacements, or floodlighting inspections at five sports fields, or painting and maintenance of three viewing platforms, or repairs the perimeter fence at Bega Park, next door to the Showground.

To execute the recommendation proposed by Officers would cost approximately $13,000 which will be accounted against Council’s Leisure & Recreation budget.

Funding source

 

Amount

Leisure & Recreation Operations  

$

13,362

Conclusion

The Bega Showground and the Trust that manage it provide a valuable service to the community, which is to be commended. The report summarises the issues and history noting the arrangement is an exception to typical practice and no records have been found in which the Council has formalised the arrangement. The subsidies come at the expense of other Council Leisure & Recreation operational commitments and as such Officers propose a staged end to the subsidy as outlined below.

 

Attachments

Nil

 

Recommendation

1.         That Council continue to support the Bega Showground Trust in management of their current water account for 2014/15 and 2015/16.

2.         The amount be that stated in the letter dated 19 June 2007 from Council which identifies a contribution based on an amount of 2040kl p/a which relates to the area of the arena on the site. (DW1223731). (Total 4080kl = approx. $10,608)

3.         That 2016/17 be the final year of the agreement with a 50% water credit being made to    the Bega Showground Trust. (Total 1020 kl = approx. $2,754)

4.         The subsidy is to be made by an agreed method which is practical and manageable for both Council and the Showground.

  

 


Council

2 September 2015

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

2 September 2015

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

10.1            Lake Curalo Walkway - Acquisition of Easement Over Private Land ................ 34

10.2            Assignment of licence - Eden Visitor Information Centre.................................. 38

10.3            Bemboka house options ..................................................................................... 41

10.4            Acquisition of 12-16 Cabarita Place, Merimbula................................................ 48


Council 2 September 2015

Item 10.1

 

10.1. Lake Curalo Walkway - Acquisition of Easement Over Private Land       

 

To complete the final sections of the Lake Curalo Walkway Council is required to acquire an easement over private land.

 

General Manager  

 

Background

The walking trail around Lake Curalo in Eden has been a progressive project. Approximately 3km has been completed over the past 10 years through community and Council partnerships.  The areas completed to date include long runs of raised board walk, raised viewing platforms overlooking the lake, and links to amenities and parking at Aslings Beach, Barclay Street Sportsground and the Eden Scout Hall.  The last sections of the project completed were walking trails installed by Council on the northern foreshore of the lake in 2012 and 2013.

The final one kilometre of path, which will link the northern Eden Cove subdivision section and the southern section, has been complex and the most difficult in terms of planning and approvals. This section requires careful consideration of the sensitive wetland environment that the path moves through, sub surface investigations for engineering designs, several long pedestrian bridges to cross unstable and swampy creek lines and an easement over a section of private property.  Staff have been working on this project for several years and undertaking background work to resolve these issues over the past 6-12 months.

A critical aspect of the project is securing an easement over private land. Council staff have been in discussions with the property owner in this regard for some time.

Detailed engineering design has been completed and tendering for procurement of materials and services is underway.

Notwithstanding the above hurdles, the provision of an accessible pathway that ultimately will be over 4km in length through unique and environmentally sensitive areas is a real asset for the Shire and Eden in particular. 

Issues

Legal

It is a requirement under the Local Government Act 1993 (NSW) that Council acquisition of interests in property requires a resolution of Council.

If Council approve the amount of compensation suggested, the acquisition will proceed by way of agreement with the landowner and a Deed of Agreement entered into setting out the undertakings of both parties to do all things necessary to affect registration of the easement, provide access to Council staff to construct and maintain the pathway and permit the general public access over the land by means of a walking track. 

The Deed and Transfer Granting Easement documentation have been prepared by Council’s solicitor, with all costs associated with creation and registration of the easement to be borne by Council.

Environmental

The numerous environmental considerations have been identified and managed through the Review of Environmental Factors (REF) provided by NGH Environmental.  The REF document identifies legislative and environmental considerations and recommends measures to suitably manage and mitigate high risk aspects of the project.  Amongst other things, this includes careful consideration of the sensitive wetland environment the path moves through and the identified endangered ecological community (EEC) adjacent to the pathway.

A search of the Office of Environment and Heritage Aboriginal Heritage Information Management System (AHIMS) Web Services has shown there are no known significant Aboriginal sites recorded on or near areas that will be disturbed through works on the track construction.

Asset

There are some informal paths in the area. There are problems and issues with the informal paths and uncontrolled public access to certain areas. Formalising a pedestrian path will help to manage access and acknowledge the requirements to formally manage the area in the future.

In undertaking works on the site it needs to be noted those facilities will require ongoing management and upkeep.  This will come at a cost to Council to oversee the facilities and ensure they are kept in a condition that meets the expectations of the community.  These costs relate to regular inspections, regular operational works and reactive maintenance. 

Social / Cultural

The path will form part of the much longer Bundian Way trail which is a network of trails linking the Australian Alps with the coastal region south of Eden.  A key aspect of the Bundian Way is demonstrating the Aboriginal cultural links to the land. Liaison and involvement with the Bundian Way and the Eden Local Aboriginal Lands Council will be ongoing.

A path will provide a link between the housing estate on the northern side of the lake and the amenities and facilities on the southern side and will extend onto the existing paths creating a valuable informal recreation opportunity for residents and visitors.  

Strategic

Outlined in Council's Community Strategic Plan is a broad reference to accessibility and the benefits of recreation.

The opportunity for the Lake Curalo pathway project was formally recognised in the Eden Foreshores Plan of Management (POM) adopted in 2007.  The key actions identified in the POM which are consistent with the development of the pathway include:

·    Improve access;

·    Install interpretive signage;

·    Protect and enhance biodiversity of the foreshores reserve system; and

·    Complete a shared track around Lake Curalo as funds and opportunities permit.

Consultation

Community Consultation

The various sections and aspects of the project have been underway for over 10 years and as such is well known in the community.  By necessity, it has been progressive as funding and resources have become available.  There have been some differing views within the community on some aspects, particularly the time frame and the scope. 

On Thursday, 30 April 2015 Council held an information ‘drop in’ session to provide an update on the Lake Curalo shared pathway project.  The session was well attended and Council staff were able to provide some answers to questions about the project that had been raised in the community.  While some differing views were noted, in particular relating to access from Eden Cove, the time taken for the development of the final stage of the project and clearing and maintenance of some sensitive environmental areas, staff were able to provide additional information and context to the discussions.

Landowner Consultation

Negotiations with the landowner of Lot 2 DP 1014631 regarding the acquisition of the easement have been ongoing for some time to complete the Lake Curalo pathway. These have been extended somewhat due to a proposed, and subsequently approved, subdivision of the property. The acquisition of the easement is a critical element of the project.

As a result of those discussions, two market valuations were obtained by Council staff from RW Surveying and Valuations and Opteon Property Group for acquisition of the easement. 

A confidential memo providing an overview of negotiations and the valuation reports are attached for Councillors information.

The outcome of the consultation and negotiation has been in-principle agreement from the landowner for the acquisition noting:

1.      The sum (pending formal Council approval) is agreed fair value for the acquisition of the easement.

2.      This fee, from Council’s perspective, is not associated to the development consent (noting the fee being in excess of the Section 94 contributions, and all other Council Contributions, fees and charges associated with the development approval).

3.      The landowner is able to use the payment for whatever purpose they choose, which may include payment of the Council contributions or fees and charges associated with the development approval.

4.      Other items such as suitable signage and trail marking will be installed as agreed at Councils expense.

Financial

The landowner has agreed in-principle to accept the agreed fee from Council for acquisition of the easement for public access across their land.  There will be legal fees payable by Council to finalise the easement documentation and arrange registration on title.

A total project budget of $248,000 has been included in Council’s forward Recreation & Leisure Capital works program.

The acquisition of the easement and associated fees can be funded from the Council’s Section 94 contributions fund.

Funding source

 

Amount

Section 94 Contributions Fund (refer Confidential Memo)

$

xxxxx

Detailed project cost estimates are not included above as the works have recently been put to public tender. Construction estimates are based on similar works noting tenders may be lower considering some design and material differences and increased the scale of works from the comparison project.

Resources (including staff)

Internal resources have been allocated for project management.

Conclusion

The Lake Curalo Walkway will be an asset to the Eden and broader Bega Valley community. In order to finalise construction of the asset formal Council approval is required to progress with the acquisition of the easement over private land.

 

Attachments

1.            Memo - Lake Curalo Walkway - Aquisition of Easement (Councillor Only) (Confidential)

2.            RW Surveying - Valuation Report (Councillor Only) (Confidential)

3.            Opteon Property Group - Valuation Report (Councillor Only) (Confidential)

 

Recommendation

1.         That the report, attached Councillor only information and confidential memo be received and noted.

2.         That Council accept the recommendation from the confidential memorandum.

3.         That Council enter into a formal Deed of Agreement with [owner’s names to be inserted] for the acquisition of an easement of approximately 100m through their land, being Lot 2 DP 1014631 at Eden for the purpose of a Right of Footway 2.5m wide and Right of Access 2.5m wide.

4.         That Council authorise the payment of $[insert agreed amount] compensation for the acquisition of the above easement.

5.         That Council authorise the Mayor and General Manager to execute the necessary documentation. 

 


Council 2 September 2015

Item 10.2

 

10.2. Assignment of licence - Eden Visitor Information Centre     

 

Council has received a request from the Eden Chamber of Commerce to assign the licence for occupation of space within the Eden Gateway Centre building to the newly formed Eden Tourism Incorporated. 

 

Group Manager Strategy and Business Services  

 

Background

Council entered into a three year licence agreement with the Eden Chamber of Commerce Incorporated from 1 July 2014 for the occupation of office space within the Eden Gateway Centre for the Eden Visitor Information Centre (VIC).  The licence is not due to expire until 30 June 2017 however for administrative and legal reasons, it was suggested to the Chamber that a not-for-profit incorporated association separate from the Chamber of Commerce should be established to operate the VIC.  Accordingly, Eden Tourism Incorporated (trading as Eden Visitor Information Centre) was registered with ASIC and began trading as a separate entity on 1 July 2015.  They have retained the same volunteers as unpaid Board members, with the elected officers as follows:

Position

Position Holder

Chairman

Ed Chenery

Deputy Chairman

Bob Sykes

Secretary

Bob Sykes

Treasurer

John Hurst

Public Officer

Bob Sykes

Centre Manager

Shannon Woloshyn

The remainder of the licence term should be formally assigned to the new entity.

Issues

Legal

A Deed of Assignment of Licence will need to be executed by all three parties to the agreement which will formalise the transfer of the licence to Eden Tourism Incorporated.

The Deed of Assignment provides the assignee with the same rights and privileges as the current licensee, but ensures that they also comply with the existing terms and responsibilities contained in the current licence until the end of its term.

Asset

The Eden Gateway Centre building is owned by the Bega Valley Shire Council.

Financial

In the event of an assignment of a lease or licence, the assignor is required to pay the Assignment of Lease/Licence Fee as contained in Council’s Fees & Charges Schedule.  That fee is currently set at $473 for the 2015/16 financial year and assists with the staff costs involved in reporting the matter to Council, preparing the documentation and arranging for its execution. 

The Eden Chamber of Commerce have requested Council’s consideration to waive the fee on this occasion, however in the interest of not setting a precedent for all other matters, it may be best for the Chamber to pay the fee and request a refund under Council’s ‘Request for Assistance’ Policy once paid. It would then be up to the General Manager whether any refund is provided. There has been no commitment given that any refund will be granted.

Resources (including staff)

Council staff resources have been required to report this matter to Council and finalise the Deed of Assignment documentation.

Conclusion

Formal Council approval is required to assign the existing licence and for the Mayor and General Manager to execute the necessary documentation.

Attachments

1.            Advice of Incorporation of Eden Tourism Incorporated

 

Recommendation

1.            That Council approve the assignment of the existing licence to occupy space within the Eden Gateway Centre building from the Eden Chamber of Commerce Incorporated to Eden Tourism Incorporated, trading as Eden Visitor Information Centre.

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

3.            That the Chamber of Commerce be advised that the assignment of licence fee as contained in Council’s Fees & Charges Schedule remains due and payable. 

 


Council

2 September 2015

Item 10.2 - Attachment 1

Advice of Incorporation of Eden Tourism Incorporated

 


Council 2 September 2015

Item 10.3

 

10.3. Bemboka house options       

 

Council became the owner of a property in Bemboka in 2007 following community action. The property has never been used and is a cost and risk to Council.

 

General Manager  

 

Background

In mid 2004 the NSW Department of Health commenced a process to sell the Bemboka Community Health Centre (former bush nursing home on Hoskins Street, Bemboka being Lot 5 Section 7 DP 758087) which was identified as excess to requirements. The monies raised were intended to be used to build doctors accommodation in Bega.

At that time, members of the Bemboka community and the Bemboka Area Committee raised concerns about the loss of the facility to the local community. A community meeting was held on 18 August 2004 to discuss the issue. This meeting was attended by representatives of the then Southern Area Health Service and Cr Allen. At the Council meeting of 24 August 2004 the matter was the focus of a Notice of Motion with the following resolution:

To accept dedication of the old Community Health Centre in 2007, on the basis that it be held for use as a community health facility for the township of Bemboka. 

The Council report from 10 October 2006 is attached which charts the background of this matter. The local community had undertaken to establish a group to lease the facility, undertake necessary works on the site and operate and manage the facility for the local community. At that time it was expected that in the order of $40,000 would be required to make the building operational. The Council resolved:

1.         That Council formally accept the offer from the NSW Department of Health to transfer the former bush nursing home, Hoskins Street, Bemboka Lot 5, Section 7, DP758087 to Council ownership.

2.         That upon transfer the property be classified as Community land.

3.         That on completion of the handover of the facility staff commence the preparation of a Plan of Management and conduct formal lease negotiations with the Bemboka Community Health Centre Committee and that the result of these negotiations be reported to the Council for its further consideration.

The above recommendation has been partially enacted and accordingly, the property was classified as community land upon dedication to prevent a sale by Council and a positive covenant was lodged over the land to ensure that it was used for this purpose. Since 2006 there have been ongoing attempts by Council staff and goodwill from the community to enact the third item in the recommendation however this has never been achieved. There has never been a group formally established and the site has continued to deteriorate. Council property staff have identified the site as a considerable risk to Council and have investigated options available to have the covenant removed and the land re-classified from community to operational. 

Current assessment is that the community of Bemboka would benefit from the property being sold with proceeds allocated to works at the community hall with a portion allocated to health property projects in the area.

In order to have the covenant lifted, the Mayor and General Manager met with the Chief Executive of Health Infrastructure and were advised that Council can apply to Health Infrastructure with a request for the positive covenant to be lifted. Once this is achieved, Council would need to prepare a Planning Proposal for consideration by the Department of Planning to have the land reclassified to operational.

Issues

Legal

The land at Hoskins Street, Bemboka, being Lot 5 Section 7 DP 758087, is currently owned by Council and classified as community land under Section 27 of the Local Government Act, 1993.  The title is currently burdened by a Positive Covenant.  In order to progress the sale of this land to utilise the funds, Council requires the covenant to be removed by NSW Health Infrastructure and the land to be classified from community to operational through a planning proposal to amend the LEP.

Policy

Council has an adopted Land Investment Strategy that provides that land may be identified as no longer required for strategic purposes but not necessarily falling into the category of investment. This land or Council owned property may be divested to enable a more appropriate use.

Asset

Council has held the Bemboka house property since 2007 with restriction on use and no community group established. There have been costs related to the building, including insurance over that period but no income and the costs associated with returning it to an operational community facility are not currently available in Council’s building asset management plan.  Quotations were obtained by Council staff in 2012 for immediate works required to comply with current standards for its continued use as a public building.  Those works were in the order of $60,000 at that time.      

Social / Cultural

The Council undertook to enter into this arrangement in 2004 due to community pressure and expectation that a community group would be established to renovate and manage the facility. This has not eventuated. There is a community hall in Bemboka that requires works and is a focus for community activity with an active community committee.

Strategic

Council is progressively identifying properties for acquisition and disposal and will be reviewing its Land Investment Strategy. This property is one identified by staff that has been available for community use as per the desire of the community but has not achieved the desired outcome.

Consultation

Council will be required to advertise the planning proposal to amend the classification of the land.

Conclusion

The Bemboka property became a Council asset with restrictions on use over eight years ago due to community pressure and with commitment of a local community group to take over the responsibility of the facility. This has not eventuated and the property has had ongoing costs for Council and is identified as a risk. Removing the Positive Covenant on the property and reclassifying the land allows Council to move to divest itself of the property and allocate funding realised to community benefit.

 

Attachments

1.            Report to Council October 2006  

 

Recommendation

1.         That Council formally request NSW Health Infrastructure to remove positive covenant number AD46 from the title of Lot 5 Section 7 DP 758087, Hoskins Street, Bemboka.

2.         That following removal of the covenant, Council engage the services of a planning consultant to prepare a planning proposal to reclassify the land from Community to Operational under Schedule 4 of the Local Environmental Plan and that the proposal be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

3.         That the Mayor and General Manager be authorised to execute the necessary documentation.

 

 


Council

2 September 2015

Item 10.3 - Attachment 1

Report to Council October 2006

 


 


 


 


Council 2 September 2015

Item 10.4

 

10.4. Acquisition of 12-16 Cabarita Place, Merimbula     

 

This report provides detail about the land acquisition of 12-16 Cabarita Place, Merimbula. To be known as the Bega Valley Regional Learning Centre.

 

Group Manager Strategy and Business Services  

 

 

Background

At the Council meeting of 10 September 2014, Council was asked by the former board of Auswide Projects Ltd to consider acquiring its premises located at 12-16 Cabarita Place, Merimbula.

At the time Auswide Projects Ltd had not yet gone into voluntary administration. It was envisaged that Council could offer to purchase the site at a value that was equal or close to the value of the liabilities held by the organisation to avoid Auswide going into liquidation. This value would potentially have been well below the deemed value of the facility.

Council considered the importance of having a vocational centre in the region and, with the pending closure of Auswide as a training provider, the potential loss of the training facility to a different use, and resolved that it would pursue further information in relation to the acquisition with a further report to be returned to Council once information was obtained.

At the Council meeting of 12 November 2014 Council considered a further report on the status of the 12-16 Cabarita Place, Merimbula acquisition.

By that time, Auswide Projects Ltd had entered into voluntary administration with Deloitte Australia. All negotiations were ceased with Deloitte to protect the integrity of their creditors.

Deloitte Australia indicated that they would be disposing of the asset via public Expression of Interest.

Council took this time to consider the value and viability of the asset to the community. A business case was prepared and provided to Council. Council had been advised that in addition to the cash value of the asset there was a primary mortgage over the property held by NSW State Training Services valued at $556,200 that required the facility be used primarily for a training venue. Any acquirer would need to pay out this mortgage in addition to any value they paid to Deloitte Australia for the acquisition of the property. Rather than consider paying out this mortgage Council approached NSW State Training Services to ascertain if a transfer of the mortgage could be negotiated. NSW State Training Services reviewed Council’s proposal and entered discussions in relation to transferring the mortgage to Council to continue the venue’s use as a training facility.

Council undertook a commercial valuation of the property with a value returned conservatively at $2.1m.

The business plan produced by staff for Council focused on the lack of alternate professional training venues in the region. Council considered the demand within the region for such a facility where training providers from across a broad area could deliver training. Council made contact with over 50 registered training organisations with an advertised presence in the region and 46 responded positively that if a suitably priced premises was available they would consider hiring those facilities to deliver training. In addition four responded requesting that they be considered as potential anchor tenants in the facility if Council chose to acquire the site.

A key consideration for Council was research by the Federal Department of Employment that identified a direct correlation between the level of education attained by an individual and their corresponding employment outcomes. In summary, the lower the level of education attained by an individual the higher the chances of them being unemployed. While this may seem obvious, the relative unemployment rates for those with no vocational education increases dramatically.

The business plan also noted that the major job growth areas for the region over the next 10 years or so would come in industries that required vocational qualifications.

The business plan noted that the region had limited properties that could service this market and that it was unlikely that any private organisation would have access to capital to allow it to undertake a similar program.

Council resolved to formally express an interest in the acquisition of 12-16 Cabarita Place, Merimbula to be classed as operational land to be used for a regional vocational training facility. Council authorised a cash offer of no more than $1,000,000 plus GST with the value of the mortgage to be transferred to Council and not paid out. It was considered that at this value, the net costs to Council should be able to be recouped through potential rental returns and the hire of the facility and the risk that Council would have to contribute to the operating costs of the facility would be small.

An expression of interest was lodged with Deloitte Australia to this effect.

At the Council meeting of 18 March 2015 a report was presented to Council advising that while Council expression of interest was accepted by Deloitte Australia the value of the offer was not considered to be high enough to warrant the sale.

Council reconsidered its position against the business plan from the November 2014 meeting and resolved to increase its bid to no more than $1.4m plus GST with the mortgage to be transferred and not paid out.

At the Council meeting of 12 November 2014, Council authorised staff to negotiate with Deloitte Australia in order to acquire Lot 210 DP 1181811, 12-16 Cabarita Place, Merimbula locally known as the former Auswide site.

At the Council meeting of 18 March 2015, Council authorised staff to increase its bid for the acquisition of 12-16 Cabarita Place, Merimbula to a maximum value of $1.4 million plus GST.

Council subsequently offered a bid of $1.293m plus GST with the mortgage value of $556,250 transferred and not paid out. The mortgage would reduce over a period of three years until it is extinguished with a zero value in 2018. A substantial amount of furniture and fittings were also included in the sale.

Council was subsequently informed that subject to NSW State Training Services agreement to the transfer of the mortgage to Council, Deloitte Australia would accept this offer.

While the process of negotiating and agreeing to this mechanism has taken close to six months the acquisition of 12-16 Cabarita Place has commenced with the contracts exchanging on 18 August 2015.  Settlement will occur on 29 September 2015.

During this period Council will be working with NSW State Training Services on finalising agreements with registered training organisations to develop and deliver training programs in the region from the centre.

Council will also commencement the process of rezoning the property from its current zoning of R3 Medium Density Residential to a more appropriate zoning of B2 Local Centre to allow for more flexible delivery of services and uses.

Council has also received a number of approaches from community organisations seeking a more long term home. Council will give consideration to these requests and report back to Council as to the possible occupants of the facility.

Issues

Legal

Council will execute the funding deed with NSW State Training Services once the property acquisition is settled in late September.

The Funding Deed and Contract of Sale have been proofed by external legal providers to ensure that Council is entering into the agreements with full knowledge of its obligations and responsibilities.

Policy

A planning proposal will be prepared and reported to Council to amend the zoning of the property.

Asset

When acquisition processes are complete the process to classify the land as Operational land under Section 31 of the Local Government Act 1993 will be commenced.

Social / Cultural

The purchase of the property and continued provision of training services will have positive social outcomes for the township of Merimbula and surrounding region.

Economic

Education is a key focus of Council Economic Development Strategy. Council’s research shows that there will be significant job growth in the health sector as we transition to an older population. Couple this growth with the backfilling that will be required to keep the businesses currently operated by that aging demographic and it is reasonable to conclude that there will be good job prospects into the future if people are skilled to undertake them.

Council sees itself as a long term facilitator of educational services in the region, through Primary, Secondary, vocational and tertiary training opportunities.

Strategic

Continuing to deliver or facilitate the delivery of training from the facility remains a priority. However, this provision could be expanded to include further services – which are predominately focussed on the community.

Numerous organisations have expressed their interest in utilising the site for the hire of office space/rooms for general conferencing, training and meeting facilities.

Entities such as Sapphire Coast Tourism and South East Arts have approached Council recently looking for assistance with accommodation. This facility could accommodate a number of community groups with minimal impact on the operational nature of the site. Council's own Community Services team, part of Council's Community, Relations and Leisure Group, could also operate out of this facility, assuming this location assisted them in delivering their services to their clients.

Council has requested the General Manager consider implementing a Placed Based Services model in the Shire’s towns and villages. This site would make an ideal location to offer such services for the Merimbula/Pambula area. Regardless of whether or not staff were located permanently at the facility, reception, bill payments, library drop offs, advice services and many other activities could all be offered from this site with minimal impact on the operational nature of the site.

Council has recently asked staff to consider the need for a regional technology park. While a number of sites could be considered, this site has DA approval to construct a third storey which could easily be adapted to suit this purpose. 

Financial

Council believes that the combination of the borrowing costs and the operating costs of the facility can be met by the hiring fees generated from the use of the facility. A more detailed operating plan will be drafted in the coming months.

Funding source

 

Amount

Borrowings

$

1.293 million

Mortgage – NSW State Training Services

$

556,000

Resources (including staff)

Once occupied, the management of the facility will require staff resources.

Council’s business plan for the facility includes the provision to employ an officer onsite to directly promote and manage the facility as a whole – including administration of bookings, payments, advertising and building maintenance.

A number of registered training organisations requesting anchor tenant status have offered to provide this service if they receive tenancy, this will be considered as the business plan and negotiations are undertaken.

Conclusion

The property gives the community a much needed public training and conferencing facility.

Signing the deed from NSW State Training Services demonstrates a commitment from Council in ensuring the vocational education and training needs of the community are met.

All of the previously confidential reports and attachments can now be made public.

Going forward, the facility will be named and referred to as the Bega Valley Regional Learning Centre.

 

Attachments

Nil

 

Recommendation

1.        That Council note the exchange of contracts on Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula).

2.        That upon acquisition, Council classifies the acquired property as operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993.

3.        That a detailed operating plan (including transition to opening) for the use of the facility be drafted and presented to Council.

4.        That Council declassify the reports and resolutions in relation to the acquisition of Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula) from the Closed Session meetings of:

·   10 September 2014 Item 20.1 Merimbula Land: Redevelopment Options;

·   12 November 2014 Item 22.1 Merimbula Land: Redevelopment Options; and

·   18 March 2015 Item S.1 Merimbula Land: Redevelopment Options.

5.        That Council engage the services of a planning consultant to prepare a planning proposal to rezone Lot 210 DP 1181811 at Merimbula from R3 Medium Density Residential to B2 Local Centre and that the proposal be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

6.        That Council authorise the Mayor and General Manager to execute the necessary documents.

   

 


Council

2 September 2015

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

2 September 2015

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

11.1            Compulsory acquisition of land and road reserve for access purposes............. 54

11.2            Tender RFT 25/15 External Electrical  Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent  ....................................................................................... 77


Council 2 September 2015

Item 11.1

 

11.1. Compulsory acquisition of land and road reserve for access purposes     

 

This report provides detail about land acquisition required to maintain access to Council’s sewer pump station located behind the Tathra Hotel.

 

Group Manager Transport and Utilities  

 

Background

A Council owned sewer pump station (SPS) is located on Lot 1 DP 606287 behind the Tathra Hotel.  An easement for access and rising main was registered over the Crown Reserve surrounding the SPS site in 1980 to Council’s benefit, however due to the topography of the area, Council staff accessed the SPS via land known as Lot 30 DP 606559 and Lot 31 DP 600836 owned by the Tathra Hotel (with the consent of the current owners).

In recent years, the ownership of the Tathra Hotel has changed and redevelopment of the land is now proposed.  Council staff and the hotel owners agree that permanent legal arrangements need to be made to access the SPS. 

There is an unformed road reserve which links to the easement for access over the Crown Reserve.  The unformed road reserve has been transferred from Crown to Council, with approval granted and gazettal taking place on 12 December 2014.  Council is now in a position to construct the access over the road reserve; however the proximity of the cliff face prevents road construction along the entire length of that road reserve.  Council proposes to acquire a 65.8m2 section of Lot 31 DP 600836 from the Tathra Hotel.  The property owners have consented in principle to the acquisition of a small section of their land by Council.

In accordance with the Land Acquisition (Just Terms Compensation) Act the attached valuation report has been prepared for the 65.8m2 area of land to be acquired.  The valuation takes into account decrease in land value, disturbance and market value of the land and has been valued at $22,240.

To prevent public access to the Hotel or proposed redevelopment, Council proposes to acquire the road reserve by a compulsory process from itself under Section 41 of the Roads Act 1993 so that it ceases to be public road. Value of the compulsory road acquisition is estimated to be $5000 plus administration costs.

Council will also need to acquire a further variable width easement for access from Crown Lands over Crown Reserve R64333 (Tathra Foreshore Reserve) which will be subject to a separate report to Council.

5235214

Issues

Legal

Council is required to apply to the Minister for Local Government and the Governor for approval to acquire the unformed road reserve and section of Lot 31 DP 600836 by compulsory process under Section 186 of the Local Government Act 1993.

Asset

The acquisition is required to formalise ownership of the land to ensure ongoing access to Council assets and infrastructure.

Consultation

Significant consultation with the owners of Tathra Hotel has already taken place.

Financial

Opteon Property Group prepared a market valuation report for the 65.8m2 section of land required and the report provided a valuation of $22,240.  Council staff are of the opinion that this is a fair price for the parcel of land to be acquired.

Funding source

 

Amount

Sewer new works

$

22,240

Resources (including staff)

Council staff resources have been required to negotiate with the owners of the Tathra Hotel as well as carry out preliminary survey works.

Conclusion

Formal Council approval is required to authorise compulsory acquisition of the unformed road reserve and a section of Lot 31 DP 600836.

 

Attachments

1.            Acquisition of Public Road Reserve at Tathra - Aerial View Map

2.            Valuation Report for proposed acquisition of a section of Lot 31 DP 600836 Bega Street, Tathra from Tathra Hotel Pty Ltd

3.            Letter of consent for acquisition of part Lot 31 DP 600836 from Barrie Frost Tathra Hotel Pty Ltd

 

Recommendation

1.         That Council proceed with the compulsory acquisition from itself of the public road reserve comprising a section of 6.032 meters wide running east/west, adjoining the southern boundary of Lots 31 & 32 DP 600836 and shown in red on the diagram attached, for the purpose of limiting public access to a Council owned STP.

2.         That Council makes an application to the Minister and the Governor for approval to acquire the public road reserve comprising a section of 6.032 meters wide running east/west, adjoining the southern boundary of Lots 31 & 32 DP 600836 and shown in red on the diagram attached, by compulsory process in accordance with s78 of the Land Acquisition (Just Terms Compensation) Act 1991 and under section 186(1) of the Local Government Act.

3.         That Council makes an application to the Minister and the Governor for approval to acquire a 65.8m2 section of Lot 31 DP 600836 from Tathra Hotel Pty Ltd for a value of $22,240, by compulsory process in accordance with s78 of the Land Acquisition (Just Terms Compensation) Act 1991 and under section 186(1) of the Local Government Act.

4.         That upon acquisition, Council classify the acquired land as Operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993.

5.         That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the land.

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

 


Council

2 September 2015

Item 11.1 - Attachment 1

Acquisition of Public Road Reserve at Tathra - Aerial View Map

 


Council

2 September 2015

Item 11.1 - Attachment 2

Valuation Report for proposed acquisition of a section of Lot 31 DP 600836 Bega Street, Tathra from Tathra Hotel Pty Ltd

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

2 September 2015

Item 11.1 - Attachment 3

Letter of consent for acquisition of part Lot 31 DP 600836 from Barrie Frost Tathra Hotel Pty Ltd

 


Council 2 September 2015

Item 11.2

 

11.2. Tender RFT 25/15 External Electrical  Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent        

 

This report details the outcomes of evaluation of Tender RFT 25/15 External Electrical Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent and recommends award to the preferred tender.

 

Group Manager Transport and Utilities  

 

Background

The next stages of the Littleton Gardens project known as Stages 2, 3, 4 and 5 includes the reconstruction of the carpark, extension of the urban design, renewal of Zingel Place and landscaping the forecourt area of the Council Administration Building and new Civic Centre.

At the ordinary Council meeting of the 10 June 2015 Council adopted the 2015/2016 Operational Plan and Budget which included the allocation of funding to complete all future stages of the Littleton Gardens Master Plan.

Council as its meeting of 12 August 2015 considered and accepted tender RFT 24/15 for the civil works. The remaining electrical was including street lighting is the subject of this report and tender RFT 25/15.

Accordingly, documentation was prepared and tenders invited from suitably qualified and experienced Electrical Contractors for RFT 25/15 External Electrical Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent.  Work includes both street and park lighting & power reticulation.

Tenders were advertised via Tenderlink, the local media and the Sydney Morning Herald on 7 July 2015.  At the close on the 5 August 2015, 19 documents had been issued.

Tender submission was assessed against the following evaluation criteria

Criteria

Weighting

Project Value

75%

Project Experience

10%

Project Functionality

10%

Local Community Benefit

5%

WH&S

Compliant/ Non-Compliant

Total

100%

Issues

Legal

The tender process complied with the Local Government Act 1993.

Environmental

Review of Environmental Factors has been prepared for works in this area

Asset

Bega Civic Centre, Zingel Place and Littleton Gardens are Council owned and/or controlled land.

Consultation

The approved plans for the Bega Civic Centre and Littleton Gardens Master Plan including Zingel Place are the result of a long period of public consultation

Financial

As per Council meeting 10 June 2015 adoption of 2015/2016 Operation Plan and Budget item 12.3 Operating Budget.

Funding source

 

Amount

Operating Budget

$

2,000,000

Resources (including staff)

Council's Transport and Utilities Group staff will manage this project.

Conclusion

It is recommended that the tenderer be accepted as they have been assessed as providing the best overall value to Council.  The Tendered amount is close to estimate noting that approximately $135,000 are Essential Energy network charges relating to street lighting. The recommended Contractor is known to Council and considered to be competent, experienced and suitability qualified to undertake the project works described in this contract.

 

Attachments

1.            Council confidential memo  RFT25/15 Littleton Gardens Zingel Electrical (Councillor Only) (Confidential)

 

Recommendation

1.         That Council accepts recommendations as outlined in the Confidential Attachment.

2.         That Council accept the tender from <insert> for the works described in Tender RFT 25/15 External Electrical Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent, in the amount of <insert> (excl. provisional sums and GST).

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

  

 


Council

2 September 2015

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

2 September 2015

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

12.1            Joint Organisation of Councils............................................................................. 80


Council 2 September 2015

Item 12.1

 

12.1. Joint Organisation of Councils     

 

Bega Valley Shire Council has identified as part of the Council’s Fit for the Future improvement proposal that working closely together with Eurobodalla Shire Council to achieve outcomes is a priority.

 

General Manager  

 

Background

One of Council’s Fit for the Future actions is to be an active and effective member of the South East Joint Organisation (SEJO).  While the model and boundaries of Joint Organisations have not been finalised by IPART and the NSW Government, it is considered that there is an opportunity for Bega Valley and Eurobodalla shire councils to work closely together in preparation for this outcome.  Both councils already work collaboratively in a number of areas and a more formal level of cooperation through a Memorandum of Understanding (MOU) would strengthen the current relationship and put in place a framework to deliver greater efficiencies for both councils.

This proposal has been discussed with the Mayors and General Managers from both Bega Valley and Eurobodalla shire councils and is supported.

At its meeting on 10 June 2015, Council adopted its Fit for the Future Improvement Proposal.  One of the key actions in the plan was that Council be an active and effective member of the proposed South East Joint Organisation (SEJO) as recommended by the Independent Local Government Review Panel.  While the model and boundaries of the proposed Joint Organisations (JO) are not yet confirmed by IPART and the NSW Government, it is considered that there would be benefits in Bega and Eurobodalla Councils working more closely together in anticipation of the boundaries of the JO being finalised.  

Local governments across NSW are focusing on their long term sustainability, maintaining their community assets and infrastructure and delivering a range of community services.  Fit for the Future has provided an increased focus on delivering these services more efficiently as councils face increasing costs, community expectations and other challenges.  One of Bega Valley's key Fit for the Future strategies is to continue to review and develop opportunities to reduce expenditure and operate more initiatives including expanded service reviews, improved fleet management, and joint policy projects through effective regional collaboration (SEROC/CBRJO) to optimise opportunities and improve outcomes for the community.  However working cooperatively in partnership with another council that shares similar geographical, economic and infrastructure characteristics provides a sound basis for strategic collaboration and effective resource sharing.

Both Bega Valley and Eurobodalla councils already work together on a number of levels by sharing policies and other documentation, joint tendering and program delivery, regular management meetings and economic planning for key facilities such as the Moruya and Merimbula airports.

Following recent discussions between the Mayors and General Managers from both councils, it is considered beneficial to develop a MOU to further strengthen this strategic partnership and develop cooperative arrangements.  Areas that could be further strengthened and developed include procurement, policy development, resource sharing, regional planning, corporate training, tourism and economic development, risk management, advocacy and asset management.

It is recommended that an MOU be developed between the two councils and be presented for Council consideration at its meeting on 23 of September.

Issues

Legal

An MOU would establish the general areas for cooperation between the two councils.  As this is further implemented, legal and governance arrangements would be developed as appropriate. Detailed schedules for each area for action would then be developed, agreed and appended to the MOU. Reports on progress and outcomes on areas of action would be presented annually to Council.

Policy

Council’s Fit for the Future plan establishes clear actions for pursuing opportunities for greater efficiencies as an active and effective member of the SEJO.

Social / Cultural

Research on resource sharing in terms of community services indicates that there can be a number of both financial and non-financial benefits.  In some cases the development of a shared service arrangement can deliver improved service quality, stimulate innovation and enhance community outcomes.  The two Councils already jointly provide and support a Police and Community Youth Club.

Economic

An outcome of the MOU could examine areas for economic growth in the areas of tourism, business development and related infrastructure. It will also provide an opportunity for joint advocacy for regional projects and facilities.

Strategic

Undertaking the development of the MOU and reviewing services for consideration will achieve a key direction of Council’s Resourcing Strategy and the Council Improvement Proposal.

Financial

The MOU will provide opportunities for financial savings in terms of improved opportunities, increased efficiency and reduced costs in service delivery.

Resources (including staff)

Senior staff will be involved in progressing the implementation of the MOU when adopted and the work on specific services or programs. Key staff in areas identified to be included in the program will be involved.

Conclusion

One of Council’s Fit for the Future actions is to be an active and effective member of the South East Joint Organisation.  While the model and boundaries of Joint Organisations have not been finalised, it is considered that there is an opportunity for Bega Valley and Eurobodalla Shire councils to work closely together in preparation for this outcome.  Both Councils already work collaboratively in a number of areas and a more formal level of cooperation through a Memorandum of Understanding (MOU) would strengthen the current relationship and put in place a framework to deliver greater efficiencies for both Councils.

 

Attachments

Nil

 

Recommendation

That a Memorandum of Understanding be developed by the General Managers of Bega Valley and Eurobodalla Shire Councils and that a report be presented to Council at its meeting on 23 September 2015 outlining the areas for cooperation and joint initiatives.

    

 


Council

2 September 2015

 

 

Delegates Reports

 

02 September 2015

 

15.1            Biamanga National Park Board of Management .............................................. 84


Council 2 September 2015

Item 15.1

 

15.1. Biamanga National Park Board of Management       

 

Update on Biamanga National Park Board of Management August meeting.

 

Cr Hughes  

 

Heading

I attended the Biamanga National Park Board of Management Meeting Friday 14 August, which was held at Bellbrook Farm, Tilba Tilba

Items that were discussed included:

1.         Renovation of Cultural Area facilities works are now underway

2.         Official launch of Plan of Management scheduled for October

3.         Tenth anniversary of hand back of National Parks lands to Traditional Owners - planning underway for celebrations next May

4.         Combined Gulaga and Biamanga Boards workshop on lease back arrangements and governance successfully concluded.

5.         Permit for first Aboriginal owned and operated tourism operator to Biamanga being concluded.

6.         Aboriginal Discovery Ranger Cathy Thomas reported her work including resource booklets, High School activities, NAIDOC celebrations and contributions to Green Arm.

7.         Another Aboriginal Ranger has been employed and the two Aboriginal Rangers in our area are both Yuin people.

 

Attachments

Nil

  


Council

2 September 2015

 

 

Notices of Motion

 

02 September 2015

 

17.1            Prioritisation of the Widening of Sherwin Lane Bermagui................................. 86

17.2            Council support for all actions necessary to stop the impact of "ice" as a drug on the community............................................................................................................................. 87


Council 2 September 2015

Item 17.1

 

17.1. Cr Tony Allen - Prioritisation of the Widening of Sherwin Lane Bermagui        

 

Background

In consideration of the development application for the Woolworths Supermarket at Bermagui, a number of Councillors indicated their support for the widening of Sherwin Lane to improve pedestrian links and the overall functioning and presentation of the Bermagui Town Centre. Based on this discussion, the supermarket applicant amended its design by moving the development footprint 3m to the South (i.e. towards Young Street). That amended design was subsequently approved by Council and has now been constructed.

Further discussion of this matter occurred during Council’s consideration of the new Contributions Plan at the meeting of 4 February 2015. That meeting considered a submission from the Bermagui Chamber of Commerce & Tourism and in addition to adopting the new Contributions Plan resolved:

“That a report on land acquisition in Lamont Lane, Bermagui, in the Bega Valley Section 94 and Section 94A Contributions Plan 2014 be presented to a future Council meeting”.

I believe it is in the best interests of businesses, residents and visitors of Bermagui for this matter to be progressed as a high priority.

Cr Tony Allen

 

Attachments

Nil

 

Notice of Motion

That, as a high priority, the General Manager present a report to Council covering the actions necessary for the proposed widening of Sherwin Lane Bermagui.

 


Council 2 September 2015

Item 17.2

 

17.2. Cr Liz Seckold - Council support for all actions necessary to stop the impact of "ice" as a drug on the community        

 

Background

I attended the ‘Ice Forum’ in Eden on 23th July.  Toni Houston a very competent journalist at the Eden Magnet was in attendance and documented the forum.  I concur with her that the focus should be compassionate and inclusive.  Drug users do not need to be stigmatised, but rather treated as suffering a health problem. 

Connecting the community to services in rural areas can be problematic.  All present at the Forum condemned the unconscionable behaviour of suppliers.  The Prime Minster, Tony Abbott, has allocated $1 million to Crime Stoppers to expand a “Dob in a Drug Dealer” campaigning nationally. 

Senator Jacqui Lambie recently spoke about her 21 year old son’s addiction to ice and their communication breakdown.  “He is not my son.  I may as well be talking to a pharmacy drug.’’

Cr Liz Seckold

 

Attachments

1.            "Ice Forum" Eden Newspaper Articles

 

Notice of Motion

That Council take into account the urgency of supporting the health workers, NSW Police and the Federal Governments’ call to “Dob in a Drug Dealer” through Crime Stoppers, by indicating its support for all actions necessary to stop the impact of “ice” as a drug on the community.

 


Council

2 September 2015

Item 17.2 - Attachment 1

"Ice Forum" Eden Newspaper Articles

 

  


Council

2 September 2015

 

 

Questions On Notice

 

02 September 2015

 

19.1            20.1 Response to Question on Notice Cr Hughes - Water Supply Information.. 90


Council 2 September 2015

Item 19.1

 

19.1. 20.1 Response to Question on Notice Cr Hughes - Water Supply Information     

 

Providing a response to a question asked by Cr Hughes at the Council meeting on 12 August 2015.

 

Group Manager Transport and Utilities  

 

Cr Keith Hughes asked could information be provided to Councillors regarding the percentage of water supplied to residents that is used for drinking as compared to other uses and the percentage of ratepayers in the Shire that are connected to Council’s Water Supply system

The Question was taken on notice by the Group Manager, Infrastructure Waste and Water who provides the following answer:

The accepted average industry standard for water use is 200 litres/day/person with 10 litres/day/person used for drinking and food preparation.  On this basis approximately 5% of water supplied in the Shire is used by residents for drinking and food preparation.

As part of the data collection for the Strategic Business Plan and Development Servicing Plan, NSW Public Works identified that approximately 25,000 people have access to town water supplies.  This equates to approximately 75% of ratepayers live in a property connected to a water supply system.

 

Attachments

Nil