Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 30 August 2017 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

24 August 2017

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

Copy:

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Graham Stubbs

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

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 1993 and Office 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?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.

Agency advice     

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

 

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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. 

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified.  Declarations are made at Item 3 of the Agenda: Declarations -  Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject

 

Pecuniary Interest

 

   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

NB:  Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.


Council

30 August 2017

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 16 August 2017 as circulated, be taken as read and confirmed.

3       Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.  Declarations also to be prior to discussion on each item.

4       Deputations (by prior arrangement)

4.1                Request to Address Council 30 August 2017............................................................................... 9

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       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.

9       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 Seckold.

9.1                Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo 11

10     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 Griff.

10.1              Bega Valley Regional Gallery redevelopment............................................................................ 36

10.2              Community Project Proposals...................................................................................................... 76

11   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 Nadin.

11.1              Council owned land - Moorhead Street, Eden.......................................................................... 84

11.2              RFT 04/17 Trade Services Panel.................................................................................................. 89

11.3              Licence Agreement Renewals...................................................................................................... 93

12     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 Fitzpatrick.

12.1              RFT59/17 Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden         100

12.2              RFT 54/17 Bridge Upgrades: Yowaka Creek Bridge and Murrabrine Creek Bridge.......... 105

13   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 Tapscott.

13.1              Development of a funding program prospectus for Shire and Council projects for the period 2017 to 2020..................................................................................................................................................... 110

13.2              Adoption of additional Fees and Charges 2017-18................................................................ 118

13.3              Policy Review................................................................................................................................ 146

14     Staff Reports – Finance (Leading Organisation)

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

14.1              Investment Reports - June and July 2017................................................................................ 312

15     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.

 

16     Councillor Reports

 

17     Rescission/alteration Motions

 

18     Notices of Motion

18.1              Refugee Welcome Zone forum................................................................................................. 316

 

19     Questions On Notice

19.1              Columbo Park Fees - 2017/18................................................................................................... 318

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 319

21.1              Merimbula Land Matters

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

21.2              Organisational structure

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

 

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

22     Adoption of reports from Closed Session

23     Resolutions to declassify reports considered in closed session


Council

30 August 2017

 

 

Deputations (by prior arrangement)

 

30 August 2017

 

4.1              Request to Address Council 30 August 2017......................................................... 9


Council 30 August 2017

Item 4.1

 

4.1Request to Address Council 30 August 2017     

 

The following requests have been received from to address the Council on 30 August, 2017 regarding matters forming part of the Agenda for the meeting.

 

General Manager  

 

Background

Licencing Agreement Renewals.

The following persons or organisation have request permission to address Council on this matter:

Merimbula Tourism:  with the name of the representative and relevant authority to speak on behalf of the organisation will be provided to Councillors prior to the meeting.

Eden Tourism:  Mr Robert Sykes, with authority to speak on behalf of the organisation supplied.

Bermagui Area Chamber of Commerce and Tourism: with the name of the representative and relevant authority to speak on behalf of the organisation will be provided to Councillors prior to the meeting.

 

Attachments

Nil

   

 


Council

30 August 2017

 

 

Staff Reports –Planning And Environment (Sustainability)

 

30 August 2017

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

9.1              Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo        11


Council 30 August 2017

Item 9.1

 

9.1. DA No. 2017.34: Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo        

 

Director Planning and Environment  

 

 

Applicant

Robert and Cindy-Lea Jory

Owner

As Above

Site

Lot 31 DP 106526 – 15 Mynora Lane, Cobargo

Zone

RU1 – Primary Production

Site area

9.86 hectares

Proposed development

Staged Construction of an Animal Boarding Establishment for dogs and cats

Precis

In accordance with the Council Resolution of 28 June 2017 a Councillor site inspection was held on Thursday 17 August 2017.

The issues raised at the site inspection are outlined in the report.

The Application is recommended for approval.

Background

Council, at its meeting of 28 June 2017, considered Development Application (DA) 2017.34 for the Staged Construction of an Animal Boarding Establishment for dogs and cats at 15 Mynora Lane, Cobargo.

The staff recommendation was:

             “1.     That Development Application 2017.34 for the erection and operation of an animal boarding establishment on Lot 31 DP 1060526, 15 Mynora Lane Cobargo, be approved subject to the draft consent included as Attachment 6.

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

There were four deputations at the meeting regarding the report. Three from persons raising objections to the proposal and one from the applicant.

Council resolved the following:

“That the matter be deferred as per Council’s Code of Meeting Practice, pending a site inspection.”

A site inspection with Councillors was held on 17 August 2017. During the inspection Councillors raised the issue of the proposed hours of operation, in particular, the operation times for Sundays and the opportunity to restrict the hours beyond those proposed in the application. This issue is addressed later in the report.

Description of the proposal

The DA seeks approval for the construction and operation of an animal boarding establishment for dogs and cats in two stages. Stage 1 would comprise the construction of an 18m long by 9m wide shed to accommodate: 12 dogs; a small area for cats; a reception area; laundry; kitchen; and toilet areas (see Attachment 3 – Stage 1 Floor Plan).

Stage 2 would comprise the construction of a 9m wide and 18m long shed to accommodate an additional 12 dogs (see Attachment 4 – Stage 2 Floor Plan).

In total the development when completed would cater for up to 24 dogs at any one time.

The proposal includes cut and fill works to accommodate the sheds and associated exercise areas. A 2.4m (minimum height) earthen barrier screen is to be erected along the southern and southwestern side of the boarding establishment (see Attachment 5 – Site Layout Plan).

The proposed hours of operation for pick up/drop off of animals is 9.00am to 11.00am and 3.00pm to 5.00pm, 7 days a week, or by appointment if required outside these times. The applicant has detailed that an area would be provided to accommodate 10 cars.

Description of the site

The site is described as Lot 31 DP 106526 and is located at 15 Mynora Lane, Cobargo approximately 2.7 kilometres south of the Cobargo Village (see Attachment 1 – Locality Plan). The allotment is 9.86 hectares in area, with access via an existing entrance off Mynora Lane.

The land is undulating in topography, with an intermittent drainage line and large dam located centrally within the lot. The site retains an existing residence and shed, with the majority of the land clear of vegetation. The location of the proposed boarding kennels is free of vegetation.

The site is located within an established rural area, generally utilised for the grazing of livestock. There are a number of smaller rural residential sized allotments adjoining the site that accommodate single dwellings and associated structures including sheds. There is also farm stay accommodation located approximately 140 metres to the north-east of the site and Bega Valley Berry Farm, located approximately 650 metres to the east of the site (see Attachment 2 – Aerial Image).

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. Council officers 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 land is zoned RU1 Primary Production and Animal Boarding Establishment developments are permissible in the zone subject to Development Consent.

The objectives of the RU1 zone are as follows;

·      To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

·      To encourage diversity in primary industry enterprises and systems appropriate for the area.

·      To minimise the fragmentation and alienation of resource lands.

·      To minimise conflict between land uses within this zone and land uses within adjoining zones.

·      To encourage development for tourism-related activities and other development that is compatible with agricultural activities, which will not adversely affect the environmental and cultural amenity of the locality.

·      To maintain and protect the scenic value and rural landscape characteristics of land in the zone.

In assessing the DA, Council officers conclude the development is not inconsistent with the objectives of the RU1 Primary Production zone.

Councillor Site Inspection

As previously referred to in the report the issue of the proposed hours of operation was raised at the site inspection, in particular for Sundays.

Condition 2 of the recommended draft consent includes the following:

             “The hours of operation of the boarding establishment are limited to the following:

   Operation Hours: 24 hrs a day 7 days

Openable Public Hours for pick up/drop off: 9.00am – 11.00am and 3.00 – 5.00pm        7 days a week. Any pick up/drop off after these hours shall be by appointment and for emergency purposes.”

This condition reflects the hours of operation proposed by the applicant in the development application and Statement of Environmental Effects.

In consideration of the issues raised in the submissions and deputations, and at the site inspection, Council is able to resolve on amended hours of operation.

Conclusion

In accordance with the Council resolution of 28 June 2017 a Councillor site inspection was held on 17 August 2017. During the inspection the issues of proposed hours of operation was raised and is addressed as part of this report.

The issues raised in the deputations to Council on 28 June 2017 were addressed in the report to that meeting.

The development application is recommended for approval in accordance with the draft consent attached to this report.

 

Attachments

1.            Locality plan

2.            Aerial image

3.            Stage 1 floor plan

4.            Stage 2 floor plan

5.            Site layout plan

6.            Draft Consent

 

Recommendation

1.         That Development Application 2017.34 for the erection and operation of an animal boarding establishment on Lot 31 DP 1060526, 15 Mynora Lane Cobargo, be approved subject to the Draft Consent included as Attachment 6.

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

 


Council

30 August 2017

Item 9.1 - Attachment 1

Locality plan

 


Council

30 August 2017

Item 9.1 - Attachment 2

Aerial image

 


Council

30 August 2017

Item 9.1 - Attachment 3

Stage 1 floor plan

 


Council

30 August 2017

Item 9.1 - Attachment 4

Stage 2 floor plan

 


Council

30 August 2017

Item 9.1 - Attachment 5

Site layout plan

 


 


 


 


 


Council

30 August 2017

Item 9.1 - Attachment 6

Draft Consent

 


 


 


 


 


 


 


 


 

 

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

30 August 2017

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

10.1            Bega Valley Regional Gallery redevelopment.................................................... 36

10.2            Community Project Proposals............................................................................. 76


Council 30 August 2017

Item 10.1

 

10.1. Bega Valley Regional Gallery redevelopment     

 

Council support is sought to apply for funds under the State Government’s Regional Cultural Fund for the redevelopment of the Bega Valley Regional Gallery.

 

Director Community, Relations and Leisure  

 

Background

In late June 2017, the NSW Government announced as part of its 2017 Budget that over four years it would dedicate $100M to a Regional Cultural fund – specifically to support regional cultural infrastructure, with $25M to be made available in the first round of funding. The program will have four funding rounds.

The Bega Valley Regional Gallery (BVRG) is well placed to take advantage of this once in a generation opportunity to redevelop the BVRG and secure its future to benefit all residents of the Bega Valley Shire.

Since 2013 the BVRG has tripled its attendance figures and support for our exhibitions, activities and creative partnerships have never been stronger.

The existing facility has served the community well for 30 years; however, given the space was not designed to host a gallery, the space is now insufficient for the level of exhibitions expected by the community and visitors to the region. The shortcomings of the current space include:

·    Lack of multiple exhibition spaces, low ceiling heights and limited storage capacity

·    Environmental control is not to industry standard and cannot be controlled to the level expected of major lending institutions (both in the gallery space and storage areas – potentially risking the permanent collections' longevity)

·    Lack of options to create viable income streams.

The vision

A key element of the BVRG Strategic Plan, adopted by Council in May 2016, was to take the BVRG to the logical next step in its evolution redevelopment. A concept proposal has been developed and is attached.

The key aims of the proposal are to:

·    Bring the BVRG exhibition facility up to an industry standard in line with state and national lending institutions

·    Create a self-sufficient and future proof facility with a sustainable and innovative funding strategy, in partnership with public and private organisations

·    Create a facility that meets the needs of the local community and the ever increasing visitor economy, one that is low maintenance and high impact

·    Generate economic activity through increasing cultural tourism and job creation

·    Become a benchmark tourism facility that can model behaviour for visitor offerings in the region.

·    Solidify the region's reputation as a vibrant, creative and liveable place

In line with this vision, the new facility’s ambition is to incorporate the following:

·    Multi-use exhibition spaces for up to three simultaneous exhibitions, including a local professional artist’s showcase

·    Long term loans from the Art Gallery of NSW in line with their Regional NSW and Western Sydney Engagement Plan (2017)

·    Onsite cultural interpretation, introduction to Aboriginal history of the region and keeping place for possible local objects and stories

·    Workshop spaces for community self-run and outside hire art classes

·    Studio space for artists in residence

·    Sophisticated hospitality tenancy that stands alone as an ongoing source of income and delivers a strong destination in its own right

·    Unique, place inspired retail offering, that provides economic drivers for local artists, makers and craftspeople

·    A venue of architectural merit that attracts visitors in its own right and can be utilised as an income stream for private and corporate functions

·    A lively, challenging innovative and quality driven artistic and activity/education program that showcases the region as being part of a local, national and international conversation about the visual arts.

Location

There are two options available with regard to the BVRG redevelopment: use of the existing site; or identification of a green field site. There are some significant limitations with the current site including:

·    Lack of capacity for expansion on the current site

·    Lack of options to create viable income streams at the present site, even with redevelopment

·    Lack of evening and weekend tourism activity in Bega Central Business District (CBD), impacting on the facility's ability to be available to the community at times they want to use it. This also heavily impacts the facility’s tourism opportunities.

It is the recommendation of Council officers that a green field site is the best option to ensure a sustainable model of operation.

Research conducted on the redevelopment of other regional galleries identifies additional funding sources to ensure the sustainability of the BVRG and reduce further reliance on Local Government funding to support operations. The inclusion of a café and gallery shop alongside an artist workshop, meeting spaces and location positioning that takes full advantage of the tourism population, is integral to the success and sustainability of other regional galleries.

The identification of an appropriate parcel of Council owned land is critical to the success of the project and will contribute to a successful grant application. Advice from Council’s Planning Section indicates that, given the projected building footprint of the new gallery building, any parcel of land identified would need to be of significant size to allow the appropriate capacity for on-site car parking.

A number of sites were taken into consideration.

 Site

Pros

Cons

Merimbula: Arthur Kaine Drive (preferred site)

Geographically central to the Shire / Site unencumbered / High visibility / close to airport and accommodation / level site / close to tourism and recreational activity)

Consideration needs to be given to height restrictions due to proximity to airport flight path.

Bega Park

Adequate space

Challenging site in terms of grade / potential loss of recreation & parkland / out of thoroughfare / increasing parking onsite is difficult / not close to CBD

Eden Gateway Centre Land

 

Close to CBD, visible and close to tourist economy, could compliment Eden Killer Whale Museum

Not towards the geographical centre of the Shire / Constraints and or conflicts around existing building

Merimbula: Former Council Office Land (Main Street)

Geographically central to the Shire / Close to CBD and passing traffic

Constraints and or conflicts around existing infrastructure / close to shopping precinct as opposed to tourism / could possibly require underground car parking - increasing costs

Old Bega Hospital Site

Site meets requirements for size and is geographically central to the Shire

Not a Council owned site, adding purchase or leasing costs / Constraints and or conflicts around existing infrastructure / not close to CBD

 

In taking into consideration those measures that will provide the new regional gallery the best chance of success, Merimbula is the location that addresses those measures best. Central to the Shire, strong visitor economy with proximity to accommodation, the airport and one of our largest population centres.

Investigation of Council’s land holdings in Merimbula identifies one parcel of land, Lot 121 Arthur Kaine Drive Merimbula, that meets both Planning requirements and best incorporates the elements from the BVRG point of view: visibility; amenity; and accessibility (a map of the site is attached).

Issues

Strategic

The redevelopment of the BVRG aligns with the following Community Strategic Plan Goals and Strategies:

Goal 1: We are co-operative, caring and enjoy a culturally rich community life.

Strategy 1: Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events and care and services for disadvantaged people.

Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.

Strategy 7: Collaborate with relevant parties to promote opportunities that will grow and diversify our economy and provide employment including research and education initiatives, micro industries and other innovative creative and sustainable industries.

Council’s Delivery Plan 2017-2021 identifies the specific action to explore opportunities to renew the BVRG in line with the BVRG Strategic Plan 2016-2020.

Operational / Asset Management Plan

Any new BVRG will be the operational responsibility of the Regional Gallery Director, any additional resources required will be funded through identified income streams and the current level of funding the BVRG receives.

A redeveloped BVRG will become part of Council’s building assets portfolio. Preliminary designs have been prepared and are attached. Full architectural drawings including construction design will be prepared as part of the EOI and Application process, should the BVRG be successful in moving ahead to the second phase of the process. Funding for this work has been identified via a bequest to the BVRG towards its redevelopment (an amount of $200k has been identified to cover these costs).

Environmental / Sustainability

A core aspect of any BVRG redevelopment will be to ensure the incorporation of environmentally sustainable outcomes with a focus on: the building’s thermal performance; efficient lighting; fixtures and HVAC; renewable energy; efficient water use; indoor air quality; stormwater management; waste management and low environmental impact materials.

Social / Cultural

The BVRG is one of the primary ways that cultural services are provided by the Bega Valley Shire Council. 

Regional galleries stimulate, develop and enhance the diverse visual culture of their region through viable, accessible, dynamic and relevant exhibitions, education and collection programs. It is widely recognised the contribution the arts can make in the health, cultural, economic, and social wellbeing of regional communities, a new BVRG has the opportunity and very real potential to grow that contribution.

Council officers will be working closely with the Aboriginal community, Traditional Owners and the Eden Local Aboriginal Lands Council to ensure the new BVRG continues to recognise local Aboriginal culture as a key component of the new facility. 

Economic

In 2017 an Economic Research Report was commissioned by the BVRG. The research was conducted by Dr Jo Mackellar of Destinations Research to assess the profile of visitors to the BVRG and the economic contribution of those visitors to the Bega Valley Shire.

The report outlined the potential economic benefits to the Shire in the redevelopment of a regional gallery which saw potential visitor numbers increase by 100% and the economic benefit approach $3M dollars per year. The report also highlights the importance of cultural tourism and the economic benefits that it can bring, positioning of the BVRG to take advantage of visitors to our Shire will be critical to its success.

Community Engagement and/or Communications

As part of the development of the Community Strategic Plan 2040, the community said they want "more arts and creative spaces and enterprises and a purpose built art gallery or a bigger, better art gallery".

The Economic Research report surveyed over 600 visitors to the Regional Gallery over a two month period. The research indicates a strong feeling amongst visitors (both local and from outside the Shire) to the BVRG to see investment in a redeveloped gallery that is a modern facility with multiple exhibition spaces and capacity for larger exhibitions. While the feedback from visitors indicated a preference in the Gallery remaining in Bega, the question was put in the context of the Gallery in its current form; the question of a potential move to a significantly larger and more modern Gallery was not posed. Many of the positive comments from the research related to the strategic design of a new gallery to maximise the investment, both in terms of tourism as well as for local artists and craftspeople.

Consultation undertaken, including the Economic Research Report, indicates a strong feeling amongst visitors to the BVRG to see a redeveloped gallery that is a modern facility with multiple exhibition spaces and capacity for larger exhibitions.

Due to the diverse geographical nature of our towns and villages, the question of location for new cultural facilities will always be one that raises debate amongst our community. It is recognised the proposal to relocate the BVRG will instigate that debate; however the primary question is the sustainability and success of any new BVRG. Given the Shire will only ever have the capacity for one regional gallery it must be located in the area that will provide its best chance of success.

Finally, as we work through the development of this project in any location, there would be further engagement with various stakeholders and the broader community to refine the concept being presented in this report.

Financial and resource considerations

Council officers will apply through the Regional Cultural Fund for 100% of the construction of the new BVRG expected to be $4M dollars.

Council’s contribution will be the value of the land identified at $1.2M.

Preliminary costs including architectural drawings, cultural heritage assessment and other Development Application costs will be funded from a bequest recently received for the BVRG by Council.

The ongoing operation of the BVRG will be funded by the current level of funding (Special Rate Variation, $131K per year, and General Fund Contribution $43K per year) and additional income streams identified (cafe, shop, workshop and meeting spaces), as well as program grants received.

Risk

A new BVRG would become part of Council’s Building Assets portfolio. There is always a level of risk with the acquisition of a new asset, however the utilisation of grant funding for construction and independent income streams alongside the current level of operational funding (including the ongoing Special Rate Variation), mitigates that risk to an acceptable level.

Options

The redevelopment of the BVRG is in line with Council’s adopted Gallery Strategic Plan. For the BVRG to continue to deliver high quality exhibitions and meet growing community expectations (residents and visitors alike) a redevelopment is required.

This essentially leaves two options:

1.    Redevelop the BVRG in its current location, acknowledging the site limitations and reduced capacity to generate income to support operations; or

2.    Redevelop the BVRG on a greenfield site acknowledging this may be outside of the Bega township area.

Both options have their pros and cons, but ultimately Council officers are recommending option 2 as it minimises future draw on Council funds.

Conclusion

The redevelopment of the BVRG has enormous potential both culturally and economically. An architecturally designed regional gallery, in the right location, can be a culture catalyst facilitating an active connection between community, creativity, art and the experience economy.

The NSW Government's Regional Cultural Fund provides a unique opportunity for Council to realise that ambition. The first stage of this process is an EOI and successful projects will be invited to submit a full application.

 

Attachments

1.            Bega Valley Regional Art Gallery Concept

2.            Merimbula Land Gallery Redevelopment

3.            Initial Concept 2017 Bega Valley Regional Gallery

4.            Bega Valley Regional Gallery 2016-2020 Strategic Plan adopted 18/05/2016

 

Recommendation

1.      That Council support an application to the Regional Cultural Fund for the redevelopment of the Bega Valley Regional Gallery.

2.      That Council endorse Lot 121 Arthur Kaine Drive Merimbula as the site for the redevelopment of the Bega Valley Regional Gallery.

 


Council

30 August 2017

Item 10.1 - Attachment 1

Bega Valley Regional Art Gallery Concept

 


 


 


 


Council

30 August 2017

Item 10.1 - Attachment 2

Merimbula Land Gallery Redevelopment

 


Council

30 August 2017

Item 10.1 - Attachment 3

Initial Concept 2017 Bega Valley Regional Gallery

 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 10.1 - Attachment 4

Bega Valley Regional Gallery 2016-2020 Strategic Plan adopted 18/05/2016

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 30 August 2017

Item 10.2

 

10.2. Community Project Proposals      

 

This report provides a summary of community project proposals received between 1 April 2017 and 30 June 2017 for Council's information and consideration.

 

Director Community, Relations and Leisure  

 

Background

The community has an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improvements to community facilities. More often than not Council will become responsible for all works on Council managed land including compliance, maintenance, upkeep and safety. With this in mind, regardless of the project size, all works proposed for Council managed land need to be considered in the context of all project elements including: funding; personnel; procurement; risk management; workplace health and safety; environmental considerations; approvals; compliance; and ongoing maintenance. It is also important to consider how the proposed works can link and add value to other planned Council projects, particularly in terms of the maintenance and replacement of existing assets.

Council’s Community Project Proposal Procedure applies to all projects from small scale through to larger more complex projects. One of the aims of the procedure is to make sure all relevant project issues are considered and addressed early in project development.

The procedure involves reporting proposals to Council, particularly where projects are complex and/or will require resourcing from Council. Those proposals that are straight forward and are not requesting funding from Council are reviewed and approved by Council officers. This enables groups to get on with their proposed works.

The level of information included in the proposal needs to be relevant to the scale and complexity of the project and sufficient to enable the merits and issues of proposal/s to be understood by officers and Councillors. Thorough proposals will clearly show the merit of the project, outline what is being requested and identify potential issues and how they have been addressed. The initial assessment by Council officers seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.

The Community Project Proposal Procedure and the Proposal Form is available on Council's website.

This report contains proposals received between 1 April 2017 and 30 June 2017. They are:

·    Civic Centre Rose Bed – Sapphire Coast Producers Association

·    Outdoor Exercise Park – Tathra Lions Club

·    Seat for Warrens Walk – Gail Ward

·    Pool Blanket – Eden Swimming Club

Future proposals will continue to be presented on a quarterly basis to Council for consideration and resolution.

Attached is a summary of the Project Proposals received including comments and recommendations. Hard copies of each of the full Proposals received have been distributed to Councillors for their reference.

Issues

Legal /Policy

There can be legislative requirements that come into effect if the implications of works are not understood and accounted for in the project development stage. These requirements include: environment and heritage considerations; access and building code compliance; planning and development approvals; and in some instances land ownership.

Council’s Procedure 4.01.3 Community Project Proposals has been developed to manage project proposals by committees and community groups for the development and delivery of community infrastructure, civil assets and facilities.

Strategic

Council has a number of Strategic and Operational Plans that outline the current and future priorities of infrastructure, civil assets and facilities capital works. For example Asset Management Plans (AMP) identifies current assets, their condition and when they are programed to be replaced. The Long Term Financial Strategy (LTFP) outlines how Council will pay for the replacement or upgrade of those assets.

Strategic Plans identify upgrades or new works based on current and expected future needs.

Operational / Asset Management Plan

Relevant key directions identified in the Council’s Operational Plan are:

Community Strategic Plan goals

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

Operational Plan Actions 2017 - 18:

·    Review the administration of the Community Project Proposal Procedure.

·    Develop a Parks Volunteer Program to support and coordinate works of volunteers.

·    Deliver capital works programs for parks land facilities and natural areas, playgrounds and skate-parks and minor maritime assets

Council has an adopted Capital Works Program included within the asset management structure. Asset management capital works programs are based on asset renewal (e.g. replacing existing assets to meet a similar service or provision level) as determined in Council’s AMP. The large majority of projects proposed by the community relate to new works or significant upgrades of existing assets and as such are not included in capital works programs. Where projects are linked to works identified in AMP, this is clearly noted.

Social / Cultural

The community has an important role in helping Council identify and deliver new and/or improvement projects. Council recognises and values the important role and contribution of committees, community groups and volunteers in the management, operation and maintenance of Council infrastructure, civil assets and facilities.

Community Engagement and/or Communications

In developing the Community Project Proposal Procedure, consultation was undertaken with Council's Access Committee, the S355 Sportsground Committee and also through a workshop involving representatives of service organisations from across the Shire.

The Project Proposal form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal.

Financial and resource considerations

The level of resourcing and contribution sought from Council is an important aspect for consideration. Council resources are limited and favouring one project over another or promotion of a project is likely to affect or defer the delivery of other planned and programed works. That is not to say that contribution is not possible. This is particularly the case where the contribution is ‘good value’ and projects link to asset renewals, Strategic Plans or programed works and clearly identify inputs and contributions from project partners. This will clearly justify how the Council contribution delivers good value for requested funds.

Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. It is important people talk with Council officers prior to applying for funding to do work on Council assets. This ensures the project scope is clear and complete, the resources identified are sufficient to complete the works and there is a level of coordination to prevent already approved projects competing with new projects for the same external Grants.

Risk

A key aspect of the Community Project Proposal Procedure and process is aimed at mitigating risk. Examples of the risk related matters that need considering in relation to any project are:

·    The costs and considerations surrounding BVSC’s ongoing management/liability.

·    The costs associated with the ongoing operations and maintenance of any new asset.

·    Possible shortfalls in proposal cost estimates.

·    Potential expectations that BVSC will cover any potential project shortfalls.

Conclusion

The Community Project Proposal process seeks to provide a consistent framework for Council to receive and consider the wide range of projects proposed by the community. These projects can relate to new works or major upgrades and as such have not been identified in the development of capital works programs included in AMP.

The challenge is to give proposals the consideration they need and deserve and to work out where they fit with other planned and programed works. The level of resourcing and contribution sought from Council is an important consideration.

 

Attachments

1.            Community Project Proposal Summary 30 August 2017

 

Recommendation

1.      That Council note the report and attached project summary.

2.      That Council note the successful completion of the Sapphire Coast Producers Association’s (Eat the Park) “Civic Centre Rose Bed” project.

3.      That Council provide in-principle support to the Tathra Lions Club for their “Outdoor Exercise Park”, enabling Council officers to continue to work with Tathra Lions to ensure the best value for money outcome is achieved, and that Council fund the requested amount if additional funding for new assets becomes available.

4.      That Council note the proposal and Council officers' advice to proceed with the Gail Ward “Seat for Warrens Walk Eden” project.

5.      That Council provide approval to the Eden Swimming Club for their “Pool Blanket” project with the requested contribution from Council to come from the Aquatics Budget.

 


Council

30 August 2017

Item 10.2 - Attachment 1

Community Project Proposal Summary 30 August 2017

 


 

 

 


Council

30 August 2017

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

30 August 2017

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

11.1            Council owned land - Moorhead Street, Eden.................................................... 84

11.2            RFT 04/17 Trade Services Panel.......................................................................... 89

11.3            Licence Agreement Renewals............................................................................. 93


Council 30 August 2017

Item 11.1

 

11.1. Council owned land - Moorhead Street, Eden     

 

The Aboriginal Evangelical Church Eden have been asked to formalise their occupation of the church building which is located on Council owned Community Land at Eden.  Council’s consideration to the reclassification and transfer of ownership of the land at Moorhead Street in Eden has been requested.

 

Director Strategy and Business Services  

 

Background

The Aboriginal Evangelical Church Eden (AECE) building located on Lot 105 DP 247132 at Moorhead Street in Eden, is owned by Bega Valley Shire Council.  The land is currently classified as ‘Community’ Land under Section 27 of the Local Government Act 1993.  A condition of the Development Consent issued in 2001 provided that they formalise their occupation of the Council owned Land prior to obtaining a Final Occupancy Certificate.  In order for Council to comply with its Insurer’s requirements, a formal agreement for the third party occupation of the Council owned Land should be executed.  On that basis, Property Officers have been working with members of the AECE since 2010 to come to an agreement on lease terms.  At a recent meeting, AECE formally requested Council be asked to consider a short term Licence Agreement as an interim arrangement only, with the intention being to reclassify the land to ‘Operational’ and transfer ownership of the land to the AECE.

As the parcel of land is classified as ‘Community Land – General Community Use’ under the Local Government Act 1993, a reclassification of the land to ‘Operational Land’ is necessary to facilitate a transfer to AECE.  Having ownership of the land would enable AECE to source other grant funding opportunities to make further improvements to the building and continue to provide such an important and well patronised community facility for the Aboriginal community of Eden.

If Council support the proposal to reclassify the land, an interim Licence term of three (3) years is suggested as the process required to reclassify the land can take many years to finalise.

Issues

Legal /Policy

As the proposed Licence Agreement is to be granted to a not-for-profit community organisation and does not exceed 5 years in duration, the proposal will not require a formal tender process.  The proposed Licence complies with section 46 of the Local Government Act 1993, whereby Council is required to:

·    Give public notice of the proposal;

·    Place a notice of the proposal on the land;

·    Notify owners adjoining the land;

·    Notify persons living in the vicinity of the land;

·    Consider any submissions made about the proposal.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council Property officers have considered whether direct negotiations with the current occupant is appropriate in this instance. 

 

It is recommended an EOI process not be conducted for the following reasons:

·    AECE are locally based, stand alone and are registered with the Charities and Not-for-Profits Commission.  The organisation has a voluntary management committee comprising local representatives;

·    AECE built the church from money raised by the group and while the predominate use is for church purposes, many other groups utilise the facility such as Mission Australia, Katungal Aboriginal Corporation Community and Medical Services, Local Police, Alcoholics Anonymous and other community groups;

·    AECE has been located on the site for over 30 years and provides an important service and facility to the community of Eden.  AECE holds weekly craft groups, children’s after school clubs and activities, Sunday breakfasts and makes the church available for community events, celebrations, funerals etc;

·    AECE has been responsible for all ongoing maintenance of the church building over the past 30 years and accordingly, the building is not contained within Council’s Building Asset Management Plan;

·    Council Property officers are required to complete Pecuniary Interest returns annually and no conflict of interest in this regard has been disclosed.

A formal Deed will need to be prepared by Council’s legal representatives setting out the process required to affect the land transfer.  The Deed will also need to confirm the financial agreement with AECE, specifically in relation to the costs associated with preparation of a planning proposal to reclassify the land.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by Resolution of the Council.  The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council.

Strategic

Council have not received any rental income from the land in the past and will only receive minimum annual rental for the short term Licence proposed.  Based on assessment of their Rental Rebate Application, a donation amount of $1,970.90 per annum as a rebate off market rent will be required by Council going forward.

If Council resolve to transfer the land to the AECE’s ownership it would save in the order of $1,900 per annum on the required donation amount.

As the building is solely maintained by the AECE, it would appear reasonable for Council to remove the on-going liability of the asset from Council’s ownership. 

Operational / Asset Management Plan

The building is situated on a portion of Community Land owned by Bega Valley Shire Council and is included on Council’s Shire Property Register.  The land is approximately 4,540m2 in size and is zoned RE1 Public Recreation under Council’s Local Environmental Plan 2013. 

A site plan of the land appears below for the information of Councillors.

Social / Cultural

As indicated earlier in the report, AECE provides a valuable social outlet for both the local Aboriginal community and the broader community of Eden, with the church building also utilised as a community drop-in facility.

Having ownership of the land will enable the AECE to identify and investigate other possible uses for the remainder of the site, which may include further low socio-economic housing opportunities, pending successful rezoning and Development Consent.     

Community Engagement and/or Communications

At this stage there has not been any formal community engagement/consultation about the proposal submitted by AECE, however over the past 30 years they have provided people within our Shire (specifically from low socio-economic backgrounds) a service that meets both a social and community need.  The AECE is both highly respected and valued within the community and it is considered unlikely that should Council determine to approve the AECE’s request, there would not be any objections to such a proposal.  In contrast, the proposed course of action would prove to be a good news story for the Bega Valley Shire community and Council.

Financial and resource considerations

The AECE have completed a rental rebate application and provided Council with their income statements as part of that process which indicates they do not have the funds available to sponsor the reclassification and transfer costs.  Council officers have however provided the AECE with information about possible grant funding opportunities which they could apply for to fund the costs involved in reclassifying the land and transferring it to their ownership.

A market rental valuation was obtained from Opteon Property Group in 2012, which provided an annual rental fee of $2,500 for the land only portion of the lot occupied.  A rebate percentage of 89% was achieved due to the high level of community benefit provided by the organisation.  In line with Council Policy, it is proposed the minimum annual rental fee as per Council’s current Fees and Charges apply.  Council would be required to provide an annual property donation for the difference between market rental and the minimum annual rental fee, being $1,970.90 for the first year of any new Licence.  This amount would reduce each year as the minimum annual rental fee payable by AECE increases.

Council’s Planning officers have indicated the following approximate costs would be payable to reclassify the land in order to divest to AECE Group:

Preparation of the planning proposal - $4,243

Advertising - $519

Disbursements - $15

There will also be legal and transfer costs required in finalising this matter.

Risk

There is no adverse risk in allowing the land to be occupied by AECE, as long as the use is authorised by way of a formal Lease or Licence Agreement which contains appropriate indemnity and insurance clauses. 

Options

The options available to Council are:

1.      Authorise execution of a Licence Agreement for a period of three (3) years for AECE’s continued occupation of Lot 105 DP 247132 at Eden as an interim arrangement until such time as a planning proposal to reclassify the land to Operational is finalised, with all costs associated with preparation and lodgement of the planning proposal and transfer of the land once reclassified to be borne by the AECE.  That transfer of the asset be for the nominal sum of $1.00. 

2.      Authorise execution of a Licence Agreement for a period of three (3) years for AECE’s continued occupation of Lot 105 DP 247132 at Eden as an interim arrangement until such time as a planning proposal to reclassify the land to Operational is finalised, with all costs associated with preparation and lodgement of the planning proposal and transfer of the land once reclassified to be borne by Council.  That transfer of the asset be for the nominal sum of $1.00.

3.      Retain ownership of the land and continue with the proposed Licence arrangements to formalise the AECE’s continued occupation of the site.  This would allow Council to meet its obligations to its insurer and for a Final Occupancy Certificate to be issued to regularise use of the building. 

Conclusion

As Council have no immediate plans for use of the site and the AECE facility provides a unique and well patronised social and community service to those within both the Aboriginal community and the broader community of Eden, the proposal to reclassify the land and transfer ownership is supported by Council officers as a better outcome in the longer term.

 

Attachments

Nil

 

Recommendation

1.      That Council approve a three (3) year Licence to Aboriginal Evangelical Church Eden for their occupation of Lot 105 DP 247132 at Moorhead Street, Eden for the annual rental fee of $529.10 (including GST), increased annually by CPI.

2.      That Council approve in principle the proposed divestment of Lot 105 DP 247132 at Moorhead Street, Eden to Aboriginal Evangelical Church Eden for the nominal sum of $1.00.

3.      That all costs associated with the planning proposal to reclassify the land to ‘Operational’ in order to effect a transfer of ownership of the land, be borne by the Aboriginal Evangelical Church Eden, with Council officers to work with them to identify any relevant funding that may assist with these costs.

4.      That authority be given to the Mayor and General Manager to execute the Licence Agreement, Deed and transfer documentation.

 


Council 30 August 2017

Item 11.2

 

11.2. RFT 04/17 Trade Services Panel     

 

This report details the outcome of the evaluation of Tenders received in response to Request for Tender (RFT) 04/17 for the establishment of a Trade Services Panel.

 

Director Strategy and Business Services  

 

Background

Council officers across all directorates regularly engage contractors to provide trade services for Council’s buildings and non-building assets.  The purpose of this tender is to establish a panel of preferred, pre-qualified contractors to provide trade services over a three year period on standardised, pre-negotiated terms and conditions.  Standardisation of terms and conditions across all trade categories ensures appointment on an even playing field.

The resultant panel - established via open competitive tendering to ensure Council’s obligations under the Local Government Act 1993 are met - will set a platform for engagement which is streamlined for both trade contractors and Council officers, providing efficiencies for all parties.

Under the panel arrangement, contractors will be called upon from time to time to carry out scheduled maintenance, reactive maintenance and project works, depending on Council asset management requirements.  The tender scope was broken down into the following categories:

Air Conditioning

Line Marking

Arborist

Locksmith

Asbestos Removal

Marine Maintenance

Automatic Door Maintenance

Painter

Boilermaker / Steel Fabrication

Paving

Bricklaying

Playground Equipment Inspections

Carpentry Services

Plumbing / Drainage / Gas Fitting

Cleaning

Project Management (Event Response)

Concreting

Roller Door and Shutter Maintenance

Data and Communications

Roofing – Roof Tiling

Electrical

Roofing – Sheet Metal

Fencing

Security Patrol

Flooring – Vinyl, Carpet etc

Security Technician

Furniture Removals

Sign Writing

General Building / Trade Maintenance

Tiling (Floor and Wall)

Glazing

Timber Floor Sanding

Joinery

Weed Spraying – Roadside

Landscaping

Weed Spraying – General

Lawn Mowing and Garden Maintenance

 

Fifty (50) submissions were received in response to the RFT, from the following entities:

·            24/7 Security Response

·            A.K.W House Cleaning

·            A-Grade Cleaning Contractors

·            Aldo's Concreting Pty Ltd

·            All Dirt and Demolition Pty Ltd

·            Ashcroft Holdings Pty Ltd t/as Ashpave

·            Asplundh Tree Expert Australia Pty Ltd

·            B & J Welsh Fencing Pty Ltd

·            Bega Bobcat Pty Ltd

·            Bermagui Cleaning Services

·            Buckleys Weed Spraying

·            CA & KL Dibley

·            Cameron Marson t/as The Gutter Cleaning Bloke

·            CL & S Pty Ltd t/as Capital Lines and Signs

·            Complete Line Marking

·            Consulting Coordination Australia Pty Ltd

·            Core Electrical and Communications Pty Ltd

·            David Harvey

·            David Leser Building Pty Ltd t/as Leserbuild

·            Dean & Ricky Stapleton Electrical Pty Ltd

·            Delso Painting Pty Ltd

·            ForbesBuild

·            Grant Dowdle Building Pty Ltd

·            Harris Plumbing, Drainage & Gasfitting

·            JL & RG Harding

·            K & C Cowgill t/as Sapphire Coast Weed Spraying & Craig Cowgill Plumbing

·            K & D Smith Pty Ltd atf K & D Smith Family Trust

·            Kane McKill Tree Service

·            Kaufline Investments Pty Ltd a/tf Kaufline Family Trust t/as South East Civil & Crane

·            Kerfoot Pty Ltd

·            Lakeside Electrical

·            Mattioli Bros Pty Ltd

·            Merimbula Plumbing Service Pty Ltd

·            National Capital Security a/tf Fischer Family Trust t/as Sapphire Coast Security

·            Paul Debnam

·            Paul Juska t/as Manor Building Services

·            Purcell Welding

·            Rod Camilleri

·            Samuel Dryden

·            Sapphire Coast Electrical Pty Ltd

·            Sapphire Coast Engineering Pty Ltd

·            Sapphire Coast Solar Cleaning

·            Sapphire Coast Tree Service & Tower Hire Pty Ltd

·            Scott Dowdle of GDB Excavations and Landscaping

·            Shane Black Energy Services

·            Signs Express

·            Spic & Span Cleaning

·            TFH Hire Services

·            The Henderson Trust t/as CLH Communications

·            Vinko Radmilovia-Radmogroup

The evaluation criteria and associated weightings were set as follows:

Services Value (Schedule of Rates)

30%

Recognition of local outcomes, demonstration of support for local

10%

Experience providing similar Services

15%

References

15%

Demonstrated capacity to undertake Services of this nature

15%

Work health and safety, quality and environmental management qualifications and experience

15%

 

Issues

Legal /Policy

The RFT process was carried out in accordance with Section 55 of the Local Government Act 1993 and Sections 176 to 178 of the Local Government (General) Regulation 2005.

Strategic

Establishment of panel arrangements provides Council with the ability to meet legislative procurement requirements, whilst at the same time reducing ongoing administrative burden (and associated costs) for both Council and the market.

Operational / Asset Management Plan

The provision of a trade services panel will greatly assist and support the organisation to efficiently address the requirements of the Building Asset Management Plan (BAMP); specifically the MBM report.

Community Engagement and/or Communications

Media releases, social media posts and a well-attended industry briefing session regarding the RFT generated a good level of interest, primarily from locally based trade service providers.

Financial and resource considerations

The provision of a trade services panel is the most cost effective and efficient way to resource these services.

Risk

By not establishing a panel, the reactive and sometimes ad hoc service provision will remain, thus not allowing cost reduction and efficiency gains.  A trade services panel will also precipitate easier compliance and less administration of procurement protocols.

Options

The contract (panel) duration is three years with two options to extend for additional twelve month periods.

Conclusion

This report recommends Council award multiple contracts to establish a panel of preferred contractors for the provision of trade services across Council’s assets, in accordance with the details presented to Councillors in the Confidential Memorandum attached to this report.

 

Attachments

1.            Confidential Memorandum RFT 04/17 (Councillor Only) (Confidential)

2.            Confidential Rankings for Trade Services Panel Tender (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the recommendations as outlined in the Confidential attachment.

2.      That Council accept all tenders received in relation to the services described in RFT 04/17 for the establishment of a Trade Services Panel.

3.      That authority be delegated to the General Manager and/or Mayor to execute all necessary documentation.

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

 


Council 30 August 2017

Item 11.3

 

11.3. Licence Agreement Renewals     

 

A number of Licence Agreements for occupation of Council owned and Managed Land throughout the Shire have recently expired and require renewal.  Council approval is sought to offer new occupation Licences to the various organisations as outlined in this report.

 

Director Strategy and Business Services  

 

Background

Licence Agreements for the occupation of Council owned and managed land by various community organisation at the following sites have recently expired and require renewal:

·    Bermagui Community Centre

·    Eden Gateway Centre

·    Merimbula Visitor Information Centre

Council’s Management of Leases and Licences Procedure, outlines that a current lease or Licence Agreement be honoured until its expiry.  A review of future management options for the facility should then be undertaken within the last 12 months of the Agreement period.  Such a review should take into consideration existing usage rates and the potential for the facility to be used on a multi-user basis, in line with changing community needs and in consultation with the community.  Further, Council officers are required to address the considerations contained within the Independent Commission Against Corruption (ICAC) Direct Negotiations Guidelines when considering whether any direct negotiation with a third party can be justified.  Those considerations include:

1.      Is it beyond doubt that there is only one proponent that can meet Council’s well defined needs (and recent market testing supports the conclusion)?  Where there is any doubt, or the Council has assumed rather than demonstrated that there is no competition, it should test the market;

2.      Has the decision to enter into direct negotiations been made or approved at a senior level?

3.      Is the proposed use consistent with the Council’s overall Strategic Plan?

Council is the owner of the Bermagui Community Centre building which is located on Crown Land leased by Bega Valley Shire Council.  Occupancy of the Centre by various groups has been formalised by way of Licence Agreement since the Centre’s opening in 2007.  On the basis Council was unable to demonstrate that it had sufficiently ‘tested the market’ to see if any other organisations within the Bermagui area were in need of subsidised office space, a decision was made to conduct a public Expression of Interest (EOI) process prior to approving any further longer term tenure with the existing tenants of the Centre.

As a result of the public tender process, a total of six EOI’s were received from:

·   Bermagui Historical Society

·   Southern NSW Local Health District

·   U3A Bermagui and District Incorporated

·   Bermagui Area Chamber of Commerce and Tourism

·   Bega Valley Meals on Wheels Cooperative

·   Four Winds

Apart from U3A Bermagui, the five other EOI’s received were from existing occupants of the Centre.   Discussions held with representatives from U3A since the EOI closed, have resulted in them withdrawing their expression of interest to occupy permanent space and simply continue to hire the meeting rooms as required, as they have done in the past.

The Bermagui Community Technology Centre (CTC), who previously occupied space within the Centre, did not submit an EOI on the basis that financial advice obtained had confirmed it was unlikely they would be financially viable for a period of 3 years.  The decision was therefore made to ‘wind down’ their operations and have since vacated the Centre. 

As well as housing the Council’s Eden Library, the Eden Gateway Centre is occupied by Eden Tourism (Visitor Information Centre) and the Eden Community Access Centre.  Both tenancies have been authorised in the past by way of short term Licence Agreements.  As the Eden Gateway Centre building is ageing and in need of future renewal works, a decision was made to offer the existing tenants a further 12 month licence, rather than conduct a similar public EOI process with only short-term tenure to be offered.

Similarly, the Merimbula Visitor Information Centre is also approaching the end of its useful asset life and a decision will need to be made by Council in the near future as to whether the asset is to be renewed in its current location.  A further 12 month Licence to Merimbula Tourism is therefore being recommended without the need for a public tender process at this point in time.

Issues

Legal /Policy

Council has also recently carried out a review of its Rental Assessment and Rebate Procedure.  Council originally adopted this Procedure back in 2010 as an equitable means of calculating rental rebates available to community organisations and to ensure a level of consistency throughout the Shire.  The difference between current market rent and the rebate percentage achieved by a lessee/licensee is treated as a donation from Council’s financial assistance fund, which has now reached its limit.  To ensure some form of rebate is available to all eligible existing and future lessees/licensees, the review of the Procedure has seen the need to amend the scoring system so the level of rebate achievable by eligible community organisations is reduced.

As a Lease/Licence Agreement becomes due for renewal or a market rental review is required, tenants will be asked to submit a new Rental Rebate Application in order to determine the new level of rebate available.  A current market rental valuation for the space/building occupied is also obtained by Council officers from an independent valuer at an interval of every 3-5 years.  As a result of this process, the annual rental fees payable by each of the organisations the subject of this report, have increased – in some cases substantially.

Operational / Asset Management Plan

As advised above, the Eden Gateway Centre and Merimbula Visitor Information Centre buildings are both reaching a stage where further capital investment will be required.  Council has been provided with the results of a recent Building Condition Assessment survey which was carried out on all Council owned and managed buildings contained within its Building Asset Management Plan.  Council will be required to make a number of decisions over the coming months regarding the future of its building assets. 

Social / Cultural

Council acknowledges the benefits of having these services available to local communities and will continue to make rebated space available where possible in its buildings for the provision of these services.  Although a substantial fee increase has resulted in some instances, the annual rental fee payable is still heavily subsidised to what these organisations would be paying for space elsewhere in the private rental market. 

Community Engagement and/or Communications

Each of the organisations has been advised of the results of their recent rental rebate assessments and the new annual rental fees payable.

Council officers have also been working with several of the respondents of the Bermagui Community Centre EOI in relation to possible movements in the spaces to be occupied, in order to better accommodate their individual needs.  Negotiations are continuing with the Bermagui Historical Society in relation to a proposed move to the former CTC space and possible changes to the spaces occupied by Four Winds and Meals on Wheels.

Staff have also met with representatives from the Merimbula, Bermagui and Eden tourism organisations and other organisations whose licence agreements require renewal.

Financial and resource considerations

The annual operating expenses for the Bermagui Community Centre and Eden Gateway Centre buildings are ever increasing and accordingly, it has become necessary for Council to increase the Licence fees to those occupying space within both Centres as a greater contribution to those costs.

In lieu of the substantial increase to the annual Licence fee this year however, it is recommended Council do not charge an additional contribution to outgoings (electricity, water and waste removal) for the term of the Licences being offered.  Council may however choose to obtain a contribution to those costs in any future agreements.

The rebate percentages achieved under the revised Rental Assessment and Rebate Procedure are as follows:-

Licensee

Previous Rebate %

New Rebate %

Bermagui Chamber of Commerce and Tourism

97%

64%

Four Winds

70%

56%

Bermagui Historical Society

92%

67%

Bega Valley Meals on Wheels

93%

61%

Eden Community Access Centre

98%

69%

Eden Tourism

97%

64%

Merimbula Tourism

97%

78%

Southern NSW Local Health District

N/A

N/A

 

The Merimbula Tourism rebate percentage is higher than the other two Visitor Information Centre operators on the basis they have indicated in their rental rebate application they will take full responsibility for all structural, routine and reactive maintenance of the building.

Southern NSW Local Health District does not qualify for a rental rebate under Council’s Procedure as they are not a community, not-for-profit organisation.  The full market rental fee will apply to that Licence Agreement.

The current market rental valuation amounts obtained from Opteon Property Group for the spaces/buildings occupied are as follows:-

Office Space/Building

New Market
Rental Valuation

Bermagui Visitor Information Centre Space

$16,800

Current Four Winds Space

$3,850

Former Bermagui Historical Society Space

$7,900

Current Bega Valley Meals on Wheels Space

$5,700

Southern NSW Local Health District Space

$4,950

Former Bermagui CTC Space

$6,875

Eden Community Access Centre Space

$13,000

Eden Visitor Information Centre Space

$18,000

Merimbula Visitor Information Centre (VIC) Building

$35,000

Council officer time has been required to conduct the public EOI process for the future occupancy of the Bermagui Community Centre as well as assess the responses and rental rebate applications.  Further liaison with Crown Lands will be required in relation to the Merimbula VIC Licence, including the seeking of Minister’s Consent.  Ongoing management of the Licence Agreements during their term will also require officer resources.

Risk

The risk to Council of not making the necessary changes to the Rental Assessment and Rebate Procedure is the inability of Council to adequately fund the ongoing maintenance and operational costs of those facilities.  The inability of Council to provide an equitable level of rental rebate to all existing and future community organisations occupying Council owned and managed facilities, is also considered a reputational risk.  

Conclusion

Council officers have undertaken the necessary public tender process as required by both Council Policy and ICAC Guidelines.  The provision of further Licences to the Eden Gateway Centre and Merimbula VIC tenants without the need for a competitive process can be justified in this instance due to the limited short-term tenure being offered.

It is acknowledged the increases in annual rental fees as a result of the review of Council’s Rental Assessment and Rebate Procedure may be seen as substantial, however this is in part due to the fact they have remained extremely low for a period of seven (7) years.  The new fees proposed are considered by Council officers to be quite reasonable and remain heavily rebated off the market rental fee which could be achieved.  A greater contribution to the operational and maintenance costs of these facilities by those who occupy them is now seen as a necessity if Council are to continue to be able to provide this service into the future.        

 

Attachments

Nil

 

Recommendation

That Council:

1.      Approve a further three year Licence to the Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within the Bermagui Community Centre for the market rental fee noted in this report, less a rebate achieved of 64%.

2.      Approve a further three year Licence to Southern NSW Local Health District for their continued occupation of space within the Bermagui Community Centre for the market rental fee noted in this report.

3.      Approve a further three year Licence to the Bermagui Historical Society for their occupation of new space within the Bermagui Community Centre for the market rental fee noted in this report, less a rebate achieved of 67%.

4.      Approve a further three year Licence to Four Winds for their continued occupation of space (yet to be determined) within the Bermagui Community Centre for the market rental fee noted in this report, less a rebate achieved of 56%.

5.      Approve a further three year Licence to Bega Valley Meals on Wheels Cooperative for their continued occupation of space (yet to be determined) within the Bermagui Community Centre for the market rental fee noted in this report, less a rebate achieved of 61%.

6.      Approve a further one year Licence to the Eden Community Access Centre Incorporated for their continued occupation of space within the Eden Gateway Centre for the market rental fee noted in this report, less a rebate achieved of 69%.

7.      Approve a further one year Licence to Eden Tourism Incorporated for their continued occupation of space within the Eden Gateway Centre for the market rental fee noted in this report, less a rebate achieved of 64%.

8.      As Reserve Trust Manager of the Merimbula Beach (R97406) Reserve, approve a further one year Licence to Merimbula Tourism Incorporated for their continued occupation of the Merimbula Visitor Information Centre building for the market rental fee noted in this report, less a rebate achieved of 78%.

9.      That authority be given for the Mayor and General Manager to execute the above Licence Agreements.

10.   That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s formal Consent to enter into the Licence Agreement with Merimbula Tourism Incorporated. 

   

 


Council

30 August 2017

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

30 August 2017

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

12.1            RFT59/17 Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden 100

12.2            RFT 54/17 Bridge Upgrades: Yowaka Creek Bridge and Murrabrine Creek Bridge      105


Council 30 August 2017

Item 12.1

 

12.1. RFT59/17 Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden     

 

This report details the outcomes of evaluation of Tender 59/17 for the Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden and recommends award to the preferred tenderer.

 

Director Transport and Utilities  

 

Background

Council made a successful application to the NSW State Government’s Floodplain Management grants scheme in 2015/2016 to undertake the Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden.

The flood study forms the typical first (data collection) and second stage (flood study) projects in the floodplain risk management process outlined below in Figure 2.1 of the current NSW Government 2005 Floodplain Development Manual for the Management of Flood Liable Land.

The current Floodplain Development Manual outlines the primary objective of the NSW Government’s Flood Prone Land Policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods.  The Policy highlights that primary responsibility for floodplain risk management rests with Councils, which are provided with financial and technical support by the State Government.

A flood study is a comprehensive technical investigation of flood behaviour.  It defines the nature of flood risk by providing information on the extent, level and velocity of floodwaters and on the distribution of flood flows across various sections of the floodplain for the full range of flood events up to and including the Probably Maximum Flood level.

The flood study also determines hydraulic and hazard categories within the floodplain for the potential range of floods and land use scenarios in order to consider cumulative effects.  Investigating the full range of flood events up to and including the Probably Maximum Flood level enables changes in the nature and consequences of flooding to be assessed as flood severity increases.  Determining appropriate areas for and types of development generally depend upon flood exposure of the land, as defined by hydraulic and hazard categorisation in consideration of isolation.

This information is weighed objectively in selecting flood planning levels.  A flood study also considers the potential impacts of climate change.

Tender Evaluation

Council invited tenders from suitably qualified contractors to undertake the Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden. Tenders were advertised in local media on 5 July 2017 and in the Sydney Morning Herald on 4 July 2017.  At the close on 26 July 2017 at 12:00pm, 31 documents had been issued, with 6 submissions received from the following:

·    BMT WBM Pty. Ltd.

·    Cardno (NSW/ACT) Pty. Ltd.

·    Consult.In Pty. Ltd. (including an alternative proposal)

·    Rhelm Pty. Ltd.

·    WMAwater Pty. Ltd.

The tender submissions were assessed against the following evaluation criteria:

Tender Evaluation

Criteria

Weighting

Tender value

50%

Experience

20%

Study Methodology

25%

Local Community Benefit

5%

Total

100%

Issues

Legal/Policy

The tender process complied with the Local Government Act 1993.

Council will be required to comply with the conditions of the Funding Agreement for Financial Assistance under the 2015/2016 Office of Environment and Heritage Floodplain Management Grants programme dated 2 February 2017.

Adoption and subsequent implementation of the consequent final flood study will allow Council to meet its statutory obligations under the NSW Government Flood Prone Land Policy, the 2005 NSW Floodplain Development Manual and section 733 of the NSW Local Government Act 1993.

Strategic

The outcomes of the project will provide information to allow long term planning and options for protection, management or relocation of Council’s assets to be identified, costed and implemented.  The project outcomes will also help inform any future Floodplain Risk Management Study or Floodplain Risk Management Plan and land use planning policy and controls.

Operational / Asset Management Plan

The completion of the flood study as part of this tender process will address Community Strategic Plan Goal 7 – Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

The completion of the flood study as part of this tender process will also address Operational Plan 2017-2018 Action – Secure consultant for Twofold Bay, Lake Curalo and Towamba River Flood Study.

Environmental / Sustainability

Some of the objectives of the floodplain risk management process include, but are not limited to:

·     protecting and where possible enhancing the river and floodplain environment and be consistent with the objectives of relevant State Government policies

·     ensuring actions arising out of any subsequent floodplain risk management plan meet with ecologically sustainable design principles

·     allowing consideration of the environmental impact of existing and potential future developments and floodplain risk management measures

·     allowing consideration of broad scale catchment issues such as water quality, riverine and floodplain enhancement and land management

·     allowing for the consideration of potential adverse impacts of climate change impacts on flooding behaviour

These and other environmental issues will be considered in the development of any subsequent Floodplain Risk Management Study and Floodplain Risk Management Plan recommendations and outcomes which will allow Council to meet its statutory obligations under the Environmental Planning and Assessment Act, 1979, Threatened Species Conservation Act, 1995, Fisheries Management Act, 1994 and National Parks and Wildlife Act 1974 as they apply to floodplain risk management.

The Floodplain Risk Management Study and Floodplain Risk Management Plan typically follow as third and fourth stage projects after the flood study according to the Floodplain Risk Management process.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State.  Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business.  Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain.  However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices.  Therefore development and management of floodplains needs to consider a broad range of issues including balancing the benefits of occupying the floodplain against the costs.

The final flood study report will form the technical basis of a future floodplain risk management study and plan that incorporates the management and consideration of social/cultural/economic impacts.

Community Engagement and/or Communications

Consultation with local residents will occur throughout the project via the Floodplain Risk Management Focus Group, community workshops, media releases and the formal public exhibition of the draft documents.  The Focus Group membership includes Council officers, state agencies, community representatives and elected Councillors; Cr. Seckold and Cr. Nadin.

Consultation has also been undertaken with state agencies such as the State Emergency Service (SES) and Office of Environment and Heritage (OEH) regarding the need for the project during the grant application process.  SES and OEH are currently members of the Floodplain Risk Management Focus Group and the Floodplain Risk Management Technical Sub-committee.

Financial and resource considerations

Council officers will manage this project utilising the services of a consultant as per the conditions of the OEH funding agreement.  Council or commercial meeting facilities may also be required during consultation activities.

Funding source

 

Amount

External Floodplain Management Programme Grant from Office of Environment and Heritage

$

122,000

General Fund - Stormwater operating expenses

$

61,000

Risk

The finalised flood study will allow Council to quantify the existing flood risk within the Towamba River, Lake Curalo and Twofold Bay catchments.  The information will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy and section 733 of the NSW Local Government Act 1993.

The completed flood study will identify the hydraulic categories (floodway, flood storage or flood fringe) and the provisional hazard categories (high hazard or low hazard) for flood prone land within these two catchments.

The information will be useful to emergency response agencies for planning evacuation and logistics.  The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

Completion of the tender evaluation has been undertaken in accordance with the tender evaluation plan and requirements of the NSW Local Government Act 1993.

Options

The options before Council are to:

1.         Endorse the findings and recommendations of the final tender evaluation.

2.         Decline all tenders and take such action as Council resolves under clause 178 of the Local Government (General) Regulation 2005.

Option 2 is not the recommended option, as Council’s offer of external grant funding is pursuant to engaging an external consultant and completing the project by the stipulated timeframe, as per the funding agreement.  Option 2 would not allow Council to meet statutory obligations and requirements as per the NSW Government Flood Prone Land Policy.

Conclusion

It is recommended the preferred tenderer be accepted as they have been assessed as providing the best overall value to Council and capable of producing the required project outcomes to current statutory and technical requirements within the allowable project budget.

 

Attachments

1.            Confidential memorandum to Councillors regarding RFT 59/17 (Councillor Only) (Confidential)

 

Recommendation

1.      That Council approve the relevant matching contributions required to meet the terms of the Grant Funding Agreement from the Office of Environment and Heritage.

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

3.      That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 59/17, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items.

4.      That authority is delegated to the General Manager, or Director Transport and Utilities in the absence of the General Manager, to execute all necessary documentation.

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

 


Council 30 August 2017

Item 12.2

 

12.2. RFT 54/17 Bridge Upgrades: Yowaka Creek Bridge and Murrabrine Creek Bridge     

 

This report details the outcome of evaluation of Tender RFT54/17 for the Upgrade of Yowaka Creek Bridge and Murrabrine Creek Bridge and recommends award to the preferred tender.

 

Director Transport and Utilities  

 

Background

Murrabrine Creek Bridge and Yowaka Creek Bridge were identified for renewal in the 2016/17 bridge replacement program. Both projects are a continuation of a staged programme of works and this stage will see the bridge sub structures completely renewed.

Design investigations concluded replacement of the timber structures with reinforced concrete provides the highest economic benefit, taking into account reduction in maintenance, increased carrying capacity and extended life expectancies of concrete structures.

The bridge projects identified in Council’s 2016/17 Capital Works Program are scoped as follows:

Yowaka River Bridge

·    Construction of reinforced concrete abutment foundation, wall and wing walls (Abutment B)

·    Construction of reinforced concrete pier (Pier 2)

·    Construction of reinforced wing walls for (Abutment A)

Murrabrine Creek Bridge

·    Construction of reinforced concrete abutment foundation, wall and wing walls (Abutment B)

Tender Evaluation

Council invited tenders from suitably qualified contractors to renew the existing sub structure at Yowaka Creek, Nethercote and Murrabrine Creek, Cobargo. Tenders were advertised in local media on 15 June 2017 and in the Sydney Morning Herald on 13 June 2017. At the close of the tender period at 12.00pm on 9 August 2017, six documents had been issued, with two submissions received from the following companies:

·    Bridging Australia Pty Ltd

·    Kaufline Investments Pty Ltd Trading as South East Civil and Crane

Applicants were asked to provide:

·    Lump sum price breakdown of the works

·    Schedule of Tenderer’s Project Experience

·    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:

Tender Evaluation

Criteria

Weighting

Price

50%

Project Functionality

35%

Project Experience

10%

Local Community Benefit

5%

WHS

Compliant/ Non-Compliant

Total

100%

Issues

Legal /Policy

The tender process complied with the Local Government Act 1993.

Strategic

By undertaking the tendered works, Council is continuing to accomplish its level of service objectives by maintaining quality, function and capacity in line with the Transport Asset Management Plan.

Operational / Asset Management Plan

Murrabrine Creek Bridge and Yowaka Creek Bridge upgrades are carry-over projects from the 2016/17 Capital Works Program.

Environmental / Sustainability

A site specific Environmental Management Plan (EMP) will be provided to Council by the successful contractor. The plan is to comply with requirements of the Part 7 Fisheries Management Act 1994 permit issued by the Department of Primary Industries.

Economic

Upgrading Council's existing bridge structures provides a major economic benefit by reducing maintenance, increasing carrying capacity and extending life expectancy.

Community Engagement and/or Communications

The successful tenderer will implement a project specific communication plan prior to the commencement of works. In addition, Council will advertise the project commencement date, duration and traffic management requirements prior to construction.

Financial and resource considerations

This project is funded under the following budget:

Funding source

 

Amount

Council carry over funding from 2016/17 – Bridges on Local Urban Sealed Roads and Bridges on Rural Unsealed Roads

$

800,000

Conclusion

It is recommended the preferred tenderer be accepted as they have been assessed as providing the best overall value to Council.

 

Attachments

1.            Confidential memorandum to Councillors regarding RFT 54/17 Bridge Upgrades Yowaka Creek Bridge and Murrabrine Creek Bridge (Councillor Only) (Confidential)

 

Recommendation

1.      That Council accept the 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 54/17, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items.

3.      The authority is delegated to the General Manager or the Director Transport and Utilities in the General Manager's absence to execute all necessary documentation.

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

  

 


Council

30 August 2017

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

30 August 2017

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

13.1            Development of a funding program prospectus for Shire and Council projects for the period 2017 to 2020............................................................................................................... 110

13.2            Adoption of additional Fees and Charges 2017-18........................................... 118

13.3            Policy Review..................................................................................................... 146


Council 30 August 2017

Item 13.1

 

13.1. Development of a funding program prospectus for Shire and Council projects for the period 2017 to 2020     

 

As Council has now adopted its long term plans, with significant funding programs currently in place it is timely to develop a targeted Prospectus to ensure all funding and advocacy opportunities are realised for the benefit of the local community

 

General Manager  

 

Background

On the 28 June 2017 Council adopted the Community Strategic Plan, Delivery Program and Asset Management Plans for various asset classes. These plans clearly outline the key projects which the community and Council consider key to developing for the future. The South East and Tablelands Regional Plan has also been launched. These documents are the first steps for identifying key projects eligible for funding from both the State and Federal Governments.

In order to capture all of these projects and to target particular funding sources, a matrix of projects has been developed identifying the projects reflected in these documents, Council’s role in progressing these projects and potential funding sources.

Once confirmed by Council, this will be developed into a funding Prospectus to support funding applications and to allow for lobbying appropriate governments, Ministers and agencies.

Issues

Legal /Policy

In order to apply for most funding programs it is a requirement that the project is outlined in the relevant regional and Council plans.

Strategic

The Council’s Integrated Planning and Reporting documents are now adopted and the NSW Government’s South East and Tablelands Regional Plan has been released.

The Bega Valley Shire has also been identified as part of a Functional Economic Zone with Eurobodalla. The NSW Premiers Department are working with the two Councils, our economic development strategies, local sectors such as manufacturing, agriculture, farming, fisheries, forestry, tourism, service industries to establish a link to infrastructure likely to drive “Growing Local Economies”. A Regional Economic Development Strategy will be prepared by consultants working for the Premiers Department to inform this funding. It is critical that local infrastructure projects that have the capacity to grow local economies are included in this Strategy.

Critically it is important to apply for the right projects to the right programs and to ensure that Council projects are not in competition with each other to ensure these projects have the best chance of success. It is a critical strategic role for Council, on behalf of the local community, to leverage the most potential from funding to achieve local outcomes.

There are significant funding opportunities particularly in NSW through the rolling out of programs aimed to achieve the State Government’s Regional Development Framework.

There are also considerable funding opportunities through the Federal Government’s Building Better Regions program and a number of other linked programs.

To place the Bega Valley Shire in a consolidated position for staff to work on funding applications and for the Council to lobby and promote projects staff have commenced preparing the project and funding snapshots for the key projects in plans which will fit into the many new funding programs. It is proposed to strategically place these in a Prospectus for presentation appropriately to government and to be ready for the initial expression of interest stage of funding programs. 

The Federal Government has developed a commitment to “Regions 2030 – unlocking opportunity” and significant programs are available. At the recent ALGA Conference, the Federal Labor Party also called on all Councils to have prepared a statement of priority projects which will grow their area. The call was for three from each local government area.

With State and Federal elections to be held in 2019 it is also timely to prepare the Prospectus ready for distribution to all candidates.

Operational / Asset Management Plan

In order to ensure the most effective and efficient processes for developing the funding applications to leverage as much external funding for the identified projects as possible, the development of a Prospectus and a central repository of core data is critical.

Council asset projects are in most cases identified in the adopted Asset Management Plans.

Environmental / Sustainability/Social / Cultural/Economic

Funding is available to environmental, social, cultural, sports and recreation, community connection, infrastructure, emergency preparedness, tourism, boating, transport,  water and sewer, and economic projects and the list goes on. It is an exciting time where we need to ensure we focus our effort to achieve outcomes for and with the community.

With Council’s clear direction towards maintaining our assets, it is critical we look at applying an approach of Asset Based Community Development (ABCD) and Asset Based Economic Development (ABED).

ABCD is a strategy for sustainable community driven development. Beyond the mobilisation of a particular community, ABCD is concerned with how to link local and regional assets to the macro-environment. The appeal of ABCD lies in its premise that communities can drive the development process themselves by identifying and mobilizing existing, but often unrecognized assets, and thereby responding to and creating local economic opportunity.

ABED is a bottom-up approach to economic development that builds on existing local resources to strengthen local and regional economies. It differs from traditional needs-based economic development, which is focused on identifying gaps and deficiencies in the local economy. Advocates of ABED believe this approach: fosters long-term sustained economic growth; greater returns on local investment; improved job creation and retention; increases in per capital income; enhancements in the local tax base; and strengthened regional networks.

The framework we will need to develop is that there is a tangible link between asset and infrastructure development and upgrade and community and economic outcomes.

Community Engagement and/or Communications

Extensive engagement has been undertaken over the past 12 months in the development of the Council’s plans. There has also been consultation around the State prepared South East and Tablelands Regional Plan and through the development of the Reginal Economic Development Strategy which is still under preparation.

Project Matrix

The table below outlines the key projects from Council’s plans and regionally identified projects.

 

Federal State Projects Independent Projects NB these are not projects which Council would be the applicant for but may play a critical advocator role in achieving

Project

Council Role

Plan reference

Funding Source

East West road connections

 

Advocator

Regional Plan
Council’s plans
Transport Strategy

Future Transport

Regional Freight Strategy

State and Federal Funding

Brown Mountain Hydro

Advocator

Regional Plan
Council’s plans

State/Federal/Private

Rail link to Eden Port and high speed rail

Advocator

Regional Plan
Council’s plans
Transport Strategy

NSW Future Transport Strategy

State/Federal ($10 billion National Rail Program)/Private

Snug Cove Marina/Safe Harbour

Advocator

Regional Plan
Council’s plans

State funding for the first stage for precinct design has been provided. This project is a Crown Lands/State agency project

Economic driver project

Eden foreshore precinct and onshore facilities – embarkation and disembarkation

Advocator, participant in planning group

Regional Plan
Council’s plans

State funding for the first stage for precinct design has been provided. This project is a Crown Lands/State agency project

Economic driver

Tathra Wharf

Advocator, Crown Lands Reserve Manager

Regional Plan
Council’s plans

State and Federal Funding and other sources

Heritage Funding

Tourism Funding

Economic driver

More activation of the Twofold Bay multipurpose wharf and land side area

Advocator and supporter with State, Federal governments

Regional Plan

State and Federal Funding and other sources

Economic driver

Regional innovation, education, research hub (Bega )

Advocator and facilitator

Regional Plan
Council’s plans

State and Federal Funding and other sources

Building Better Regions Fund

Innovation Funding

Smart Cities Funding

Major Projects to Unlock $272 million to provide grants of $10 million or more for major projects to unlock the potential of regions, helping take advantage of new opportunities and potentially spur new industries

Eden Marine Discovery Centre

Advocator and facilitator

Regional Plan
Council’s plans

State and Federal Funding and other sources

Bundian Way

Advocator and facilitator, promoter

Regional Plan
Council’s plans

State and Federal Governments have provided funding to this project. Council holds State funding for the product development for this project

National Parks Light to Light Walk Project

Supporter

Regional Tourism Plan (Destination Management Plan)

State and Federal Governments have provided funding to this project.

Development of an abattoir locally being progressed by a consortium of local producers

Project in early days of development

Has a project team

 

Boutique industry food trails

Project in early days of development

 

 

Council Projects

Project

Council Role

Plan reference

Funding Source

Transport

There are a range of roads and car parking iteme that will be forwarded for a range of programs. These include sealing collector roads Wonboyn, Towamba, Dr George, Tantawangalo and West Kameruka; upgrade of the road from Eden Port to Eden CBD; shared tracks or tunnel under Princes Highway from Wolumla to Recreation Reserve; carparking in Merimbula and Bega

Owner Applicant

Council plans and Asset Management Plans

Fixing Country Roads; Bridges for the Bush

Black Spot Funding

Local Government Road Safety Program

Bridges

Replace Cuttagee timber bridge

A number of other bridges

Tathra Wharf

Owner Applicant

Council plans and Asset Management Plans

Fixing Country Roads; Bridges for the Bush

Local Government Road Safety Program

Heritage Funding

Economic driver funding

Cultural

·  Regional Gallery redevelopment

·  Twyford Hall

Owner Applicant

Council plans and adopted regional gallery strategy

Council holds a private bequest for this project. State through the $100million Regional Cultural Fund opens 17 July 2017

Community & Education Services

·  Children’s Services works at Bandara and Eden

· Community Halls – range of projects across 19 halls

· Community Hall Access Roads

Owner Applicant

Service plans

NSW Stronger Country Communities Fund

 

Sport and Recreation

·  Sports Master Plans Bega & Pambula

·  Bega Pool

·   All ability regional playgrounds Bermagui and Eden

·   Rural villages playgrounds upgrades & replacements ( Morgareeka, Wyndham, Quaama)

Owner/Reserve Manager

Applicant

Council plans and adopted Master Plans and Asset Management Plan

Regional Sports Fund

NSW Stronger Country Communities Fund

Building Better Regions Fund

Growing Local Economies

Economic Infrastructure & Tourism

·  Merimbula Regional Airport

·  Coastal & Marine Infrastructure including projects  such as Dickinson Park to Blue Pools; Cuttagee to  Blue Pool via Beares Beach

·  Walking Tracks – Merimbula Lake, Wallaga Lake path icl picnic area improvements; Tathra Headland

·  Cycle Paths

·  Coastal Accessibility projects

·  Jetties and wharves

Owner/Reserve Manager

Applicant

Council plans and adopted master plans and asset management plan and the Regional Plan

NSW Boating Grants

Regional Growth Environment and Tourism Fund

Active Transport/Walking & Cycling Program

Growing Local Economies

Connecting Country Communities

Stronger Country Community Fund

Economic Development

·  Town centre works Merimbula, Bega, Bermagui,  and potentially others

·  Council saleyards

·  Complimentary economic projects to support the the Merimbula Regional Airport

Owner Applicant

 

Building Better Regions Federal;

Major Projects to Unlock $272 million to provide grants of $10 million or more for major projects to unlock the potential of regions, helping take advantage of new opportunities and potentially spur new industries

Water

·  Water Filtration Projects – Brogo; Bega; Merimbula; Eden

·  Eden water security project – upgrade mains between Yellowpinch and Eden

Owner Applicant

Council Plans, regional plan and Strategic Business Plan

Safe and Secure Water  Supply and Sewerage Services Fund.

Growing Local Economies

Note Bemboka project shortlisted in first round

Sewer 

· Merimbula Ocean Outfall (State Significant Project)

Owner Applicant

Council Plans, regional plan and Strategic Business Plan

Safe and Secure Water  Supply and Sewerage Services Fund.

Growing Local Economies

 

 

Waste

·  Multi purpose Materials Recovery Facility (MRF) –

·  local collection, recovery and value adding across a range of waste types.

Owner Applicant (likely to be operated by social enterprise)

Draft Waste Management Strategy

WLRM $372million.

NSW CDS collection point 10c per container plus handling fee.

 

There are also a number of other key funding programs which Council is working with other parties in partnership to attract funding for projects. These include:

·    The Incubator Support Program is a $23M rolling grant program funded for the coming three (3) years.  Grants of up to $500K will be considered.  The NSW Government has indicated interest in supporting the bid with significant financial assistance via the Jobs for NSW program.  The Australian Government Guidelines for the Incubator Support Program require applicants to demonstrate a 30% contribution towards the cost of the proposed activity for what the funding is requested.  The Bega taskforce needs to show commitments totalling $200K.  The University of Wollongong has confirmed $50K.  Proposals to provide a financial commitment have been presented to a number of local business entities to consider. 

·    The Federal Government Smart Cities funding program where Bega Valley has partnered with Eurobodalla Council for a project to gain funding for the roll out of charging stations for hybrid cars.

·    The Eden Wharf extension and safe harbour project

There are also a range of projects which are on Council or Council Managed Crown Lands that community groups are progressing.

These include:

·    The Tathra Headland Walk with Council’s Resolution to support the project and assist in funding application for construction and maintenance

·    Twyford Hall theatre development project considered in a separate

Conclusion

The above table does not include the smaller projects and grant opportunities. It aims to focus on the big ticket items which will be the focus of larger funding applications.

By clearly outlining the projects and having the funding documentation prepared the projects will be in the best possible position to receive funding and shovel ready for delivery.

The Prospectus will allow all Councillors to be advocators of these projects and it is proposed that a summary flyer be prepared for all Councillors to carry with them when they attend functions on Council’s behalf.

 

 

Attachments

Nil

 

Recommendation

That Council note the proposed projects to be included in the funding Prospectus which will be finalised and published in 2017.

 


Council 30 August 2017

Item 13.2

 

13.2. Adoption of additional Fees and Charges 2017-18     

 

Fees and charges for the Bermagui Community Centre, Public Schools use of community halls, and the Tanja School of Arts Hall have been exhibited and are now presented for consideration by Council.

 

Director Community, Relations and Leisure  

 

Background

The Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 including the annual rates and charges for the 2017/18 financial year, were publically exhibited in accordance with the legislative requirements of the Local Government Act 1993 (the Act) and were adopted on 28 June 2017, with the recommendation to further exhibit new and amended fees for community halls.  As per Council recommendation, these fees were publically exhibited in accordance with the legislative requirements of the Act and are recommended for Council consideration.

Fees and charges for the use of community halls are an important contribution to the operational costs of the halls. All fees collected are attributed to the operational costs of the individual hall being utilised. Alongside the fees, community volunteers also play an important role in reducing operational costs through their active involvement in their local halls.

In setting fees and charges for the use of halls it is necessary to consider a balance between operational and maintenance costs of the halls themselves, against the need to ensure the halls remain accessible and well utilised by local communities.

Consideration must also be given to the circumstances of smaller schools in the Shire. While directly funded by the NSW Department of Education, feedback from schools suggests their funding for discretionary activities is very limited and the cost of hall fees directly impacts on their ability to provide extracurricular opportunities for their students.

A copy of submissions received on the proposed fees and charges during the 28 day exhibition period and recommendations of Council officers are contained in the attached Memorandum.

Issues

Legal /Policy

Under the Act, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting framework for a period of 28 days and consider submissions made to the Operational Plan prior to adoption.

Strategic

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Operational / Asset Management Plan

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual Facility Management Plans are in place for all community halls.

Social / Cultural

Community halls play an important role as central points for social and cultural activities in towns and villages across the Shire. The use of the halls by Public Schools varies across the shire. Smaller schools without a hall of their own access the halls for classes, events, fundraising activities and award ceremonies. Many community members from smaller towns also have a strong connection with their local halls and, from the submissions received, value the link between these two public assets.

Community volunteers play an important role in the care and management of their local halls and fundraise for projects that enhance the halls for community use. In determining hall fees and charges the impacts on both hall users and on volunteer efforts need to be considered. Fees schedules aim to contribute to the optimal use by the halls.

Community Engagement and/or Communications

The additional / amended Fees and Charges 2017/18 were placed on public exhibition from Thursday 18 May 2017 to Wednesday 14 June 2017, in accordance with the provisions of the Act.

Tanja Hall committee were engaged in the formation of the fees and charges for the Tanja School of Arts Hall. All schools impacted by the proposed introduction of a Public School hire were contacted and invited to comment along with interviews with the Principals of Quaama and Tanja Public Schools. Feedback was also considered from former hall users.

There were a total of 13 submissions received across the issues of school use of community halls and Tanja Hall fees.  These submissions have been attached for Council consideration. No submissions were received on the proposed fee structure of Bermagui Community Hall and Meeting Rooms.

Financial and resource considerations

Hall fees contribute to the operational and maintenance costs of individual facilities. In 2018 there is an anticipated total income of $89,000 in halls fees with an expenditure of $169,000 in expenses, inclusive of maintenance projects. The contribution of Public Schools to the overall hall income is relatively small in this context.

Risk

Fees and charges must balance the generation of income for hall operations while maximising the use of facilities. If this balance is not achieved, halls may be unable to cover their operational costs and/or will fail to be accessible to the community.

Options

Options on the fee structure for Public Schools Hire of Halls, and recommendations on the Tanja School of Arts Hall and the Bermagui Hall and Meeting rooms are presented in the attached memorandum.

Conclusion

A copy of all submissions made concerning the propose Fees and Charges 2017/18 is attached to this report.  Feedback received during the consultation period suggests the proposed fees for Public Schools Hire of Halls and for the Tanja School of Arts Hall be amended in response to community concerns. No submissions were received with regards to the Bermagui Community Hall and Meeting room.

It is therefore appropriate, in accordance with Sections 534 and 535 of the Act, for Council to adopt with any amendments noted the Fees and Changes for 2017/18.

 

Attachments

1.            Community Submissions for Public School Hire of Halls and Tanja School of Arts Hall

2.            Memorandum - Fees for Tanja Hall Bermagui Community Centre and Public Schools

 

Recommendation

1.      That Council note the report and attached memorandum.

2.      That Council adopt amended fees for community use of Bermagui Community Hall and meeting rooms:

 

Bermagui Community Hall Fees & Charges 2017/2018

 

Bonds

Low risk bond

High risk bond

Key deposit

Equipment deposit inc Art hanging system

 

$200.00

$500.00

$50.00

$300.00

Hall Hire

Per hour

Half day

Full day

 Rates include kitchen facilities

 Please see Library fees and charges for meeting room hire

 

$25.00

$85.00

$175.00

 

Equipment Hire

Kitchen Facilities Only

 

$10.00 per hour

Other

Elections (includes hall cleaning)

 

$328.00

3.      That Council adopt amended fees for community use of Tanja Hall:

Tanja School of Arts Hall

 Exhibited Fee

Amended Fee

Hires include all facilities (except pizza oven equipment) and set up and pack up time

 

 

Bond

 

 

Bond - High Risk

$1,000.00

 remain

Bond – Medium Risk

$500.00

 remain

Bond - Low Risk

$200.00

 remain

Bond - Regular Hirer (key deposit)

$50.00

 remain

Hall Hire

 

 remain

 

Casual Hire - Per hour capped at $160.00 in a 24 hour period

 

$20.00

 

Amend to $15 capped at $120 in a 24 hour period

Regular Hire (no less than 1hr every 6 weeks) - P/H capped at $100.00 in a 24 hour period

$12.00

 Amend to $10  no less than 1 hour every 8 weeks capped at $80 in a 24 hour period

Other Hire

 

 

Funerals and Wakes

Donation

 remain

Elections (includes cleaning)

$270.00

 remain

Fundraiser for Tanja Hall - Proceeds donated to the hall.

No Charge

 remain

Community Event - For the benefit of the community, open and no cost to community

Donation

 remain

Pizza Oven Equipment (per day or part thereof)

$35.00

 remain

 

4.    That Council adopt the following fees in regard to Public School Hire of Community Halls:

Public School Hire of Halls

 

Up to 10 uses per term  time – All or part of any day

(time and duration of hires must be booked through the relevant hall committee)

$60.00 per term

 

5.      That Council officers update the fees and charges schedule to reflect the above changes and write to affected parties to notify them of the outcome.

 


Council

30 August 2017

Item 13.2 - Attachment 1

Community Submissions for Public School Hire of Halls and Tanja School of Arts Hall

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.2 - Attachment 2

Memorandum - Fees for Tanja Hall Bermagui Community Centre and Public Schools

 


 


 


 


 


 


Council 30 August 2017

Item 13.3

 

13.3. Policy Review     

 

Council has commenced a review of its Policies, Procedures and supporting documents.  This report pertains to stage one of this process; namely reviewing Council's Policy documents.

 

Executive Manager Organisational Development and Governance  

 

Background

In September 2016 the Bega Valley Shire community elected a new Council.  Subsequently, the newly elected Council in conjunction with relevant Council officers coordinated a review of its Community Strategic Plan (CSP), as well as its 2017/21 Delivery Program (DP), and its 2017/18 Operational Plan (OP). 

As a flow on effect of such a review of corporate strategies and plans, Council has now commenced a review of its Policies, Procedures and supporting documents. As a result of finalising Council's CSP, DP and OP, six new outcome area categories have been adopted.  These are:

1.    Active and Healthy Communities

2.    Employment and Learning Opportunities

3.    Sustainable Living

4.    Liveable Places

5.    Connected Communities

6.    Strong Consultative Leadership

Council’s Policy framework has been reviewed and now reflects the six outcome areas listed above.  The purpose of creating such a link is to ensure Council’s Policy documents and associated Procedures have a direct association with the community’s goals and aspirations, and to facilitate the achievement of strategic, operational and delivery objectives.

To initiate this review, each Manager, and Director within the organisation was consulted and has contributed to the review of Policy content and framework.  In addition the proposed framework and content of each document was presented to Councillors during a Council Workshop on 3 August 2017.  The purpose of the Workshop was to provide copies of all reviewed and proposed Policies, enabling an informed decision to be made regarding recommending placing the new framework and Policies on public exhibition and subsequently to the public exhibition period, adopt the framework and content.

There are a total of 61 Policies across the six outcome areas; 9 for Active and Healthy Communities, 5 for Employment and Learning Opportunities, 10 for Sustainable Living, 13 for Liveable Places, 2 for Connected Communities, and 22 for Strong Consultative Leadership.

As reflected in the attachment 7 of this report, the major outcomes of the 2016/17 Policy review are to place the proposed Policy changes on exhibition and ultimately to:

1.    Adopt the following new Policies:

a.    1.08 Leisure and Recreation

b.    1.09 Community Grants Program

c.    4.07 Water and Sewerage Services

d.    5.02 Transport Services

2.    Revoke the following Policies:

a.    1.06 Festivals and Events

b.    4.14 Character and Amenities

c.    5.02 Private Works

d.    5.04 Roads

e.    5.05 Signs

f.     6.15 Requests for Assistance

g.    6.24 Local Procurement

Justification for each of the decisions to create or revoke the respective Policies listed above is included in the attachment 7 to this report.

Issues

Legal /Policy

The review of Council Policies is a requirement of the Local Government Act 1993 (the Act), in particular Part 3 – Adoption of local policies concerning approvals and orders.  Under the Act, Council is required to place newly created, amended or revoked policies on public exhibition to encourage members of the community to engage and participate in the review process.  The exhibition period must be twenty-eight (28) days, with submissions remaining open for a period of forty-two (42) days.

There are also legal implications associated with each respective Policy.  This is due to the fact each document is based on at least one piece of legislation, regulation or Australian Standard.  There are also situations where a Policy is required to adhere to multiple pieces of legislation.

Council’s compliance with legal regulations is assessed as part of the organisation’s Internal Audit processes, as well as via independent External Audits conducted on an annual basis.

Strategic

Council's Policy framework and specific content determine how the strategic and operational directives of the Council are implemented.  Policy documents outline the commitment of the Council to provide the overarching strategic operations of the community and the council.

Operational / Asset Management Plan

From an operational perspective, the content of Council Policy documents specifies the overarching scope of operations for the organisation.  This directly influences how services are delivered and the priorities of the Council.

Community Engagement and/or Communications

The proposed Policy framework and content of each respective document must be placed on public exhibition for a period of twenty-eight (28) business days.  A Public Notice must be published to the community, inviting feedback on Policy documents.  Submissions from the public will remain open for a period of forty-two (42) days.

Financial and resource considerations

Funding source

 

Amount

Council Officer time - covered as part of Organisational Development and Governance Annual Budget

$

N/A

Risk

Undertaking the review Council’s policy framework fits within all Corporate Risk Categories being: ‘Human Resources’; ‘Health and Safety’; ‘Ethics’; ‘Procurement;, ‘Information Technology’; ‘Infrastructure’; ‘Financial’; ‘Environmental;, ‘Governance’; ‘Reputation’; and ‘Procurement’. 

It is an important way of demonstrating commitment to good governance principles including providing the community with an opportunity to review the Policy framework.  This demonstrates Council's commitment to transparency and open consultation.

Conclusion

The proposed Policy framework and revised documents will be presented to the Bega Valley Shire community via the Council meeting of 30 August 2017.  As a result, the framework and Policies will be placed on public exhibition for a period of 28 business days, inviting submissions from the community for a period of 42 days.

At the conclusion of the public exhibition period, if no submissions are received, by accepting the proposed Recommendation 3 below, these documents will be adopted.  However, if submissions are received, then a further report will be tabled for Council's consideration.

Attachments

1.            2017 Council policy review healthy and active communities policies for public exhibition

2.            2017 Council policy review employment and learning opportunities for public exhibition

3.            2017 Council policy review sustainable living policies for public exhibition

4.            2017 Council policy review liveable places for public exhibition

5.            2017 Council policy review connected communities policies for public exhibition

6.            2017 Council policy review strong consultative leadership policies for public exhibition

7.            2017 council policy review - summary of recommendations

 

Recommendation

1.      That Council endorse the placement of the proposed Policy framework and associated policy documents on public exhibition for a period of 28 business days.

2.      That Council accept submissions from the community for a period of 42 business days.

3.      That Council adopt the proposed framework and policy documents at the end of the public exhibition period providing no submissions are received.

 


Council

30 August 2017

Item 13.3 - Attachment 1

2017 Council policy review healthy and active communities policies for public exhibition

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.3 - Attachment 2

2017 Council policy review employment and learning opportunities for public exhibition

 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.3 - Attachment 3

2017 Council policy review sustainable living policies for public exhibition

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.3 - Attachment 4

2017 Council policy review liveable places for public exhibition

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.3 - Attachment 5

2017 Council policy review connected communities policies for public exhibition

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.3 - Attachment 6

2017 Council policy review strong consultative leadership policies for public exhibition

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

30 August 2017

Item 13.3 - Attachment 7

2017 council policy review - summary of recommendations

 


 


 


 

  

 


Council

30 August 2017

 

Staff Reports –  Finance (Leading Organisation)

 

30 August 2017

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

14.1            Investment Reports - June and July 2017.......................................................... 312


Council 30 August 2017

Item 14.1

 

14.1. Investment Reports - June and July 2017     

 

This report details Council’s investments during the month of June and July 2017.

 

Director Strategy and Business Services  

 

Background

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

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

Issues

Legal /Policy

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

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

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 5.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Financial and resource considerations

The attached report indicates a current investment portfolio of $56,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

May 2017

June 2017

July 2017

General Fund

$13,218

$14,128

$14,128

Water Fund

$12,810

$15,737

$15,737

Sewer Fund

$25,872

$27,035

$27,035

 

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

·     Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted S94/S64 contributions plan.

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

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

Table 2: Restricted Cash and Investment by Fund $’000

Fund

External Restrictions

Internal Restrictions

Total

General Fund

$7,374

$6,754

$14,128

Water Fund

$3,794

$11,943

$15,737

Sewer Fund

$4,601

$22,434

$27,035

The restrictions reported in Table 2 relate to 31 July 2017.

The previous restrictions are subject to change following the final audit review of the financial statements for the year ended 30 June 2017.

 

 

Attachments

1.            Investment Report June and July 2017

 

Recommendation

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

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

 


Council

30 August 2017

Item 14.1 - Attachment 1

Investment Report June and July 2017

 

  


Council

30 August 2017

 

 

Notices of Motion

 

30 August 2017

 

18.1            Refugee Welcome Zone forum......................................................................... 316


Council 30 August 2017

Item 18.1

 

18.1. Cr Jo Dodds - Refugee Welcome Zone forum        

 

Background

Following the Australian Local Government Association (ALGA) Conference in June 2017, a separate event had been scheduled to allow delegates the opportunity to take part in a discussion about Refugee Welcome Zones.

Speakers addressed the experience of refugees and the communities which welcome them. There was also an update to changes to the current approach with a view to improving practice and thus lives.  Further details are included below.

"During our national consultation, many LGAs told us that they would benefit from a National Refugee Welcome Zone forum, to learn, share best practice examples, network and build collaboration.  As a result, we will be hosting the first ever national forum in Canberra on 22 June 2017, after the ALGA 2017 Conference.

At the forum, you will hear from keynote speakers, panels, and have opportunities for knowledge-sharing and networking."

As the Bega Valley Shire is a declared Refugee Welcome Zone this represents an opportunity to improve our own understanding and practice when it comes to supporting refugees in our communities and as such it would be appropriate to have a delegate attend.

The event was conveniently timed for the day after the ALGA 2017 but I will need approval to recoup the $196 ticket price as I didn’t seek formal Council approval prior to attending, however I did email my fellow Councillors regarding my proposed attendance.

There will be no other costs to Council as I have covered my own accommodation and meal costs.

Cr Jo Dodds

 

Attachments

Nil

 

Notice of Motion

1.      That Council approve the past attendance to the National Refugee Welcome Zone forum by Cr Dodds, held on 22 June 2017.

2.      That the forum’s attendance ticket price of $196 be reimbursed to Cr Dodds.

   


Council

30 August 2017

 

 

Questions On Notice

 

30 August 2017

 

19.1            Columbo Park Fees - 2017/18........................................................................... 318


Council 30 August 2017

Item 19.1

 

19.1. Columbo Park Fees - 2017/18     

 

At its Ordinary Meeting on 9 August 2017, Cr Robyn Bain asked how is Council communicating to the Lions Club and community members that the fees for Columbo Park in Bemboka for the 2017/2018 rate is $1,200.

The Question was taken on notice for response by the Director Community, Relations and Leisure.

 

Director Community, Relations and Leisure  

 

Response

The Lions Club at Bemboka contacted Council after the change in fees was reported in the Bega District News on 7 July 2017, one week after Council’s Resolution.

Following discussion between the Lions Club and Council officers, an email was sent to the Lions Club on Monday 17 July 2017 to confirm the change in fee. There continues to be ongoing contact with the Lions Club after some volunteer changes to work through the required maintenance schedule for the Park.

The Fees and Charges have been discussed at the S355 General Sportsground Committee and this matter was covered in the most recent meeting.

Information about Fees and charges more generally are available on Council’s website. 

 

Attachments

Nil

       


Council

30 August 2017

 

Confidential Business

Adjournment Into Closed Session

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

 

Recommendation

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

21.1    Merimbula Land Matters

Reason for Confidentiality

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

21.2    Organisational structure

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) the report contains personnel matters concerning particular individuals.