|
OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 11 October 2017 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
5 October 2017
|
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.
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.
· 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?
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.
· 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.
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?
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.
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 |
|
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 |
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 |
11 October 2017 |
Recommendation
That the Minutes of the Ordinary Meeting and Closed session held on 20 September 2017 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be prior to discussion on each item.
4.1 North Tura Beach Resident's Association regarding Tura Coastal Reserve............................. 9
5.1 Pretty Point Bridge - Restoration of Trusses.............................................................................. 11
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
9.1 Short-Term Holiday Letting Options Paper................................................................................ 13
9.2 Commercial Centres Strategy - Review of Merimbula/Pambula/Tura Beach Catchment.. 58
9.3 Tura Beach Coastal Reserves........................................................................................................ 97
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
10.1 Beach Lifeguard Services Tender RFT 55/17.......................................................................... 142
10.2 Twyford Hall future management ............................................................................................. 146
10.3 Eden Preschool and Bandara Preschool Fees and Charges.................................................. 161
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
11.1 Councillor attendance Local Government NSW Conference 2017..................................... 168
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
12.1 Bemboka Water Treatment Plant - Appointment of Public Works Advisory for assistance with Project Design and Construction...................................................................................................................... 170
12.2 Tender RFT 62/17 Bermagui Bridge Piles Project.................................................................. 172
12.3 Public Exhibition of Draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan 175
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
13.1 Related Party and Pecuniary Interest Disclosure Returns - 1 July 2016 to 30 June 2017 180
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
14.1 Certificate of Investment............................................................................................................ 187
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.
18.1 Evans Park ..................................................................................................................................... 192
18.2 Pretty Point Bridge....................................................................................................................... 195
19.1 Cr Fitzpatrick - Car Parking Merimbula..................................................................................... 197
19.2 Cr Nadin - Littleton Gardens....................................................................................................... 199
19.3 Cr Allen - Median Island Bermagui ........................................................................................... 200
19.4 Cr Fitzpatrick - Woodlands Lane Bald Hills .............................................................................. 201
|
Council |
11 October 2017 |
Deputations (by prior arrangement)
11 October 2017
4.1 North Tura Beach Resident's Association regarding Tura Coastal Reserve......... 9
|
Council 11 October 2017 |
Item 4.1 |
4.1. North Tura Beach Resident's Association regarding Tura Coastal Reserve
Requests to address the Council meeting received prior to creation of the Agenda.
General Manager
Heading
A request has been received from Mr Les Murphy and Mr Chris Young, on behalf of the North Tura Beach Resident’s Association Inc requesting permission to address the Council regarding a report to Council on The Point/Dolphin Cove RE1 section of the Tura Head Coastal Reserve
Attachments
Nil
|
Council |
11 October 2017 |
Petitions
11 October 2017
5.1 Pretty Point Bridge - Restoration of Trusses....................................................... 11
|
Council 11 October 2017 |
Item 5.1 |
5.1. Pretty Point Bridge - Restoration of Trusses
Tabling of petition/form letters received regarding restoration of the Pretty Point Bridge trusses.
Cr McBain, Mayor
Background
The Mayor, Cr Kristy McBain will table bulk correspondence received by Council consisting of 61 form letters and 4 individual form letters, from the Wyndham Progress Association and residents calling for the restoration of the Pretty Point Bridge Trusses.
The text of the form letter reads
Mayor,
Bega Valley Shire Council
Zingel Place P0 Box 492,
Bega, 2550
Dear Ms McBain
I call upon Bega Valley Shire Council to restore the trusses to the Pretty Point Bridge near Wyndham. Your own Heritage report describes it as being of exceptional heritage value. It is the only bridge of its type and one of very few left in NSW.
Socially and historically this bridge keeps the ties with the past alive. Built 120 years ago from local timber by local people whose descendants still live in the area. It stood as a monument to the skill and ingenuity of those forbears. The trusses now languish unsecured and neglected in a paddock on the fringes of Bega.
The whole community feels betrayed and hurt Council's decision to renege on their original agreement. Council's decision was based inaccurate and misleading information. Your lack of consultation show the contempt you have for the small villages of the Shire.
While small in numbers the Wyndham community is big on passion and many others in the Shire have voiced their support. It's time to do the right thing!
RESTORE PRETTY POINT BRIDGE TRUSSES!
Attachments
Nil
Council |
11 October 2017 |
In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.
9.1 Short-Term Holiday Letting Options Paper......................................................... 13
9.2 Commercial Centres Strategy - Review of Merimbula/Pambula/Tura Beach Catchment 58
9.3 Tura Beach Coastal Reserves.............................................................................. 97
|
Council 11 October 2017 |
Item 9.1 |
9.1. Short-Term Holiday Letting Options Paper
The NSW Government has recently released an Options Paper outlining a proposed regulatory framework for Short-Term Holiday Letting (STHL) in NSW. The report outlines the Options as well as staff comments. Depending upon the framework adopted, direct impacts of regulation could include an increased compliance burden upon Councils but also offers a possible opportunity to accurately capture commercial activity occurring outside commercial centres.
Director Planning and Environment
Background
With the emergence of online booking services such as AirBNB, Stayz and TripAdvisor, there has been rapid growth in short-term holiday letting (STHL) in NSW.
In response to this rapid uptake, in October 2016, the NSW Government undertook a Parliamentary Enquiry into the adequacy of regulation of Short-Term Holiday Letting in NSW. This Enquiry supported putting into place a regulatory framework for STHL. Subsequently, an Options Paper was compiled seeking feedback on the possible avenues of regulation to enable the economic benefits of STHL while managing the impacts on local communities and the safety of visitors. Councils (and other stakeholders) have been invited to comment on the Options Paper, with submissions due on 31 October 2017.
Types of STHL
STHL encapsulates the following scenarios in NSW:
1. rental of one or more rooms (including room sharing) in a dwelling with the host present;
2. rental of a whole dwelling (principal residence) with the host away;
3. rental of a holiday dwelling (non-principal residence) with the host away; and
4. rental of a dwelling solely reserved for STHL.
In regional areas, STHL is mostly made up of scenarios 2, 3 and 4 above.
Local Legislative Context
Traditionally, the NSW Government has regulated tourist and visitor accommodation through the planning legislation in order to mitigate and manage land use conflicts.
For STHL, the only provision in the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) is Clause 6.11 Short-term rental accommodation:
Clause 6.11 Short-term rental
accommodation
(2) Despite any other provision of this Plan, development consent is not
required for the temporary use of a dwelling as short-term tourist and visitor
accommodation (except for bed and breakfast accommodation).
Whilst the term ‘temporary use’ is not defined Council’s position has been that under the clause an approved dwelling may be used for short term holiday accommodation with no restrictions on the number of days.
Issues identified in the Options Paper
Since releasing the Options Paper, the NSW Department of Planning have provided two discussion forums in the form of a teleconference and a workshop in Queanbeyan, in which Council’s Planning Staff have participated. The Options Paper has been further discussed and workshopped within Council’s Planning Unit.
During the teleconference, discussion centred on the impacts of STHL within contrasting Council areas. It was apparent that amenity impacts including noise, traffic, car parking and anti-social behaviour were of most concern within the higher density areas. Regional Councils expressed more concern with bushfire and fire safety. A key point was expression that Councils were unable to resource compliance action against STHL operators. It was noted that a “one-size-fits-all” approach would not be appropriate to apply state-wide.
Within the workshop it was apparent that the coastal and alpine regions were experiencing a surge in STHL that is generally welcomed in these regions to support tourism and to assist people living in expensive alpine and coastal areas to service their mortgages. In the coastal and alpine regions there was difference in attitudes and proposed approaches to mitigate the impacts. A representative from Eurobodalla Shire advised that they had recently received legal advice that despite STHL being exempt development in their Shire, any tourist use of residential accommodation required a Section 100B referral (under the Rural Fires Act 1997) to the NSW Rural Fire Service. Goulburn and Wagga Wagga regions were experiencing increasing growth in STHL with occasional amenity impacts from late-night travellers. Most of the Council Officers agreed that some form of regulation was required.
Concerns centred around unlawful use of sheds for STHL, fire safety concerns, car parking and amenity impacts, and STHL in bushfire prone areas. Supply and demand impacts upon affordable housing stock is noted as an unintended consequence of unregulated STHL, and it was noted that in tourism areas some tenants are only able to obtain a short tenancy lease so that the landowner can rent the house for STHL over holiday periods. It was generally agreed that Councils were not able to resource compliance action for STHL, as online booking websites have opened the field to any and all operators without oversight.
Beneficial and adverse impacts of unregulated STHL have been documented across NSW and are tabled below with a brief summary of the legislative context (where applicable):
Table 1: Impacts and Legislative Context
|
Impact |
Legislative Context |
|
Increased rental income for property owners. |
NA |
|
Increased provision of tourist accommodation enabling more tourist visitors during peak holiday periods. |
NA |
|
Increased choice in tourist accommodation types, resulting in increased appeal to a broader range of tourist visitors. |
NA |
|
Higher vacancy rates for established tourist and visitor accommodation providers such as motels/hotels and bed and breakfast accommodation due to supply and demand impacts. |
NA |
|
Decreased availability of long-term rental properties as residential accommodation is converted to permanent or semi-permanent tourist accommodation. |
NA |
|
Decreased availability of affordable housing stock as residential units/houses are purchased and converted to permanent “temporary” tourist accommodation. |
NA |
|
Compliance burden on Councils: · monitoring of uses (whether buildings are being used for temporary use or permanent use as STHL) is resource intensive; · it is expensive to prosecute (in the teleconference a planner from Waverley Council advised that their Council recently engaged in prosecution of a company illegally undertaking STHL (in response to a complaint raised by the neighbours) and subsequent legal costs incurred by the Council totalled $650,000) |
· The BVLEP 2013 permits the “temporary use” of a dwelling as short-term tourist and visitor accommodation under Clause 6.11.
|
|
Bushfire prone land: · Rapid evacuation from a hazard is known to be more difficult for tourist users than residential users as there is little familiarity with paths of egress from the building or property. |
· Under the Rural Fires Act 1997 a hotel, motel or other tourist and visitor accommodation is defined as a “special fire protection purpose” and requires referral to the NSW RFS under Section 100B of the Rural Fires Act 1997. |
|
Fire Safety · Rapid evacuation from a hazard is known to be more difficult for tourist users than residential users due to unfamiliarity with paths of egress. |
· The Building Code of Australia requires separate residential units to be adequately separated (by materials or distance) to slow the spread of fire. · Illuminated paths of egress are a requirement under the Building Code of Australia for tourist development. · Annual fire safety certificates are required for tourist and visitor accommodation. · Provision of fire suppression systems are required for tourist and visitor accommodation with floor areas of over 300m2. |
|
Building Standards · E.g. use of non-residential structures (such as sheds or dairy bails) as tourist accommodation. |
· The Building Code of Australia requires buildings to be constructed to a standard appropriate to their use. · Tourist and visitor accommodation requires lodgement of a development application with Council. |
|
Car Parking |
· Example: Council’s DCP requires onsite provision of 1 parking space per guest bedroom for bed and breakfast accommodation to accommodate the realistic car parking requirement at full occupancy. Comparatively, a dwelling house or dual occupancy requires a total provision of 2 carparks, regardless of the number of bedrooms. |
|
Accessibility |
· Tourist and visitor accommodation requires provision of a disabled access unit per ten units, and a disabled car parking space and accessible paths of travel under the Building Code of Australia and the Disability Discrimination Act 1992. |
|
Noise and Amenity · Priority of use by tourists being for leisure or festive activities; · Less concern to maintain good neighbourly relations; · Increased coming and going; and · Higher density living arrangements as groups house-share. |
NA |
|
Water supply and food preparation areas |
· Tourist and visitor accommodation requires water supply to be quality assured (for use of tank water). · Food preparation areas for tourist and visitor accommodation are required to comply with food preparation hygiene standards under the Food Act 2003. |
|
Increased waste generation |
NA |
Strategic
Careful implementation of a regulatory framework has the potential to mitigate the negative social impacts of STHL while preserving the economic benefits. Depending upon which regulatory framework is adopted, some modification to the BVLEP 2013 may be required.
Social / Cultural
Social impacts from STHL are both positive and negative. Beneficial impacts include: increased rental income from residential property, providing a direct financial boost to landowners in the Bega Valley; and increased accommodation choice for tourists visiting the region. Negative impacts are linked to supply impacts upon affordable housing, amenity impacts from party houses, and general tourist-type use of residential accommodation that is higher-intensity than normal residential use. Anecdotal evidence indicates that some landlords are only offering Monday-Friday tenancy agreements so as to rent their property for STHL over weekends. It is apparent from a review of available rental properties that others are only offering rental leases that expire in December. Discussion with Community Service workers suggests that supply impacts are already being felt along the Sapphire Coast as permanent rental properties are becoming more expensive and more difficult to obtain. Average weekly rental prices within BVS are currently between $350-400 per week. Anticipated flow-on effects are likely to include increased homelessness within the Bega Valley, which has historically had a statistically high proportion of homelessness per capita*. Amenity impacts from STHL include increased waste generation, inadequate car parking provision, noise, higher density living arrangements, and less concern to maintain good neighbourly relations.
* Department of Human Services, Housing NSW. (2010). Homelessness Action Plan 2010-2014 South East. Retrieved September 20, 2017 from http://www.housing.nsw.gov.au/__data/assets/pdf_file/0020/325721/SouthEastRHAP140710.pdf
Economic
In 2016 the Bega Valley Shire (BVS) had a population of approximately 33,946 people. Contrasting with this figure, in the 2014/2015 financial year the Shire attracted an estimated 889,000 visitors, who injected approximately $364 million directly into the local economy.
Key demographics of visitors to BVS (year ending September 2014) indicate that equivalent numbers of visitors (17%) were staying in hotels, motels and resorts as were staying in STHL. It is anticipated that the proportion of visitors staying in STHL will have increased significantly since September 2014.
It is noted that business properties within the Bega Valley Shire (including tourist and visitor accommodation providers) located in commercial areas are subject to a Special Rate Variation– Tourism Marketing and Promotion, levied to raise money for marketing and promotion of the Sapphire Coast. The amount funded in the 2015/16 year from a total of 855 properties was $281,000, with $90,000 allocated to help fund the Visitor Information Centres. STHL is not subject to this levy as it is classed as residential**. STHL properties receive benefits from the marketing and promotion of the Sapphire Coast undertaken by SCT Ltd and funded by the Special Rate Variation (SRV). An outcome of being able to identify these properties would ensure that those that benefit to the funding raised contribute to it accordingly. The current review of tourism will consider this opportunity.
** Review of Tourism Services in Bega Valley Shire. (2016).
Summary of Options Put Forward in the Options Paper
The STHL Options Paper details possible avenues of regulation as follows:
1. Self-regulation
· A strengthened Holiday Rental Code of Conduct to be managed by the NSW Government.
· Education programs for hosts and users.
· A transparent and responsive complaint management system.
· Improved monitoring and reporting on STHL to better inform regulatory decision-making.
2. Changes to Strata Laws to enable better self-regulation by owners corporations
· Although by-laws exist within strata schemes, a STHL user does not have the same interest in compliance with the by-laws as a long-term resident does. Further, they are likely to have left the property by the time any enforcement action has commenced.
· It is proposed to make modifications to Strata Law Provisions to allow increased self-regulation of STHL within strata complexes.
· Whilst STHL is not considered incompatible with high density buildings, some owner’s corporations have passed by-laws to prohibit STHL entirely.
The option of changes to Strata Laws is separate to the recently discussed Real Estate and Property Services Industry Reform Paper that has raised significant concerns with the Tourist Operators industry and was raised at the Council meeting as urgent business by Cr Bain on 16 August, 2017. Subsequent to the Council meeting the Mayor wrote to the Minister for Innovation and Regulatory Reform outlining the concerns of local property owners. The letter and the Minister’s response are included as Attachments 2 and 3 for Councillors’ information.
3. Regulation through the Planning System
· Currently there is no standard definition for STHL.
· The Options paper identifies that some of the most difficult aspects of putting a regulatory framework around STHL is that:
o there is no standard definition for STHL;
o the term STHL currently encapsulates a broad variety of uses; and
o STHL blurs the boundaries of residential and tourist accommodation land uses.
· The Options Paper notes that “…STHL is acceptable in a residence up to a point that it becomes a more intensive commercial type of use (i.e. tourist and visitor accommodation)”. Therefore, the NSW Government proposes the following definition for STHL:
a dwelling, or part of a dwelling, that provides short-term accommodation, but does not include tourist and visitor accommodation.
· It is proposed to regulate STHL through the three levels of development control; Exempt Development, Complying Development, and requiring Development Consent. The challenge would be in determining the criteria that would trigger complying development or requiring consent.
· The Options Paper suggests that factors for considering the three levels of development control could include:
o restricting the length of stay;
o number of bedrooms; and
o presence of a host.
4. Registration or Licensing
· The Options Paper suggests that registration or licensing could be utilised in order to manage the impacts from STHL.
· Licensing could be utilised to provide a level of oversight that the planning legislation isn’t able to provide, similar to child care centres and liquor licensing.
· Registration could provide stakeholders with greater confidence regarding safety and amenity issues.
· Licensing may be an effective way of reducing the compliance burden on Councils.
· Licensing could be used to address phenomena such as “virtual hotels”, by limiting the number of STHL properties run by a single operator.
Discussion of Matters Raised in Options Paper
Self-regulation
Self-regulation could be useful in combination with a STHL licensing program, whereby STHL accommodation providers are required to provide a NSW Government-issued license in order to list their property on a website.
Possible issues with self-regulation could stem from a lack of will to self-regulate (given the earnings potential for the STHL websites and STHL operators), and therefore any self-regulatory approach should be combined with regular auditing.
Self-regulation by itself would not address the inconsistencies with the existing legal framework surrounding tourist and visitor accommodation uses.
Changes to Strata Laws
The option for body corporates to be able to regulate STHL within a strata complex is supported, including banning STHL within a building complex if desired by the relevant body corporate.
Regulation through the Planning System
It is considered that temporary use of residential dwellings does not change the land use definition of the building, whether it is a dwelling house, dual occupancy, secondary dwelling, multi-dwelling housing or shop-top housing. Therefore the proposal to create a standard definition as follows is supported:
a dwelling, or part of a dwelling, that provides short-term accommodation, but does not include tourist and visitor accommodation.
Tourist and visitor accommodation is subject to a development application and defined in the BVLEP 2013 as follows:
Tourist and visitor accommodation means building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following:
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include:
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
With regard to Clause 6.11 Short term rental accommodation as adopted within the BVLEP 2013, it is noted that despite being a model clause put forward by the NSW Department of Planning & Environment, the clause has been interpreted differently in various Council areas, and it is recommended that further clarification of the meaning of this clause should be provided by the Department.
Categorisation of STHL into exempt development, complying development and development requiring consent would provide consistency with the existing planning framework and is supported. The process of categorisation should take into consideration the regulatory framework currently experienced by Tourist and Visitor Accommodation providers, to provide consistency to tourism accommodation operators. It is recommended that if adopted, most dwellings could undertake STHL as a low-risk activity without requiring further development approval from Council.
For clarity, high-risk activities could include: party houses; use of non-habitable structures; inadequate car parking provision; noise and amenity impacts; and contaminated water supply. These matters could be addressed within the exempt framework and development that cannot meet these provisions could be subject to a development application. Dwellings with four bedrooms or less are likely to be lower-risk as most STHL use would be by small groups or families. Car parking is generally not likely to be an issue in this instance. Dwellings larger than four bedrooms are more likely to be targeted for use as party houses and so this has been used as a point of consideration in the proposed exempt framework.
High-risk could also include STHL on bushfire prone land, however if the dwelling can meet the provisions of the exempt development code for STHL it is considered that referral to the NSW RFS could be dealt with as a separate matter under the licensing program.
If the STHL definition is not to include a maximum number of days per year restriction, it is recommended that the provisions for exempt and complying development take this into account. The inclusion of a days per year restriction would provide the following benefits to stakeholders:
· Clarify the use as residential accommodation rather than tourist and visitor accommodation, negating the legal requirement to comply with the raft of additional requirements under the Planning System, Building Code of Australia, Food Act 2003, Rural Fires Act 1993, and Disability Discrimination Act 1992 that are triggered by permanent tourist accommodation.
· Depending upon the maximum days per year elected (for instance, 30, 45, 60 or 90 days), a days per year figure could provide a disincentive to landlords considering evicting their long-term tenants for lucrative STHL income.
Some ideas for how regulation through the planning system could look are provided below:
Exempt Development
STHL less than 60 days per year is development specified for this code, subject to the following requirements:
· Single dwelling house or secondary dwelling, or if dual occupancy, multi-dwelling housing, shop top housing or residential flat building, STHL is permitted by the Strata Corporation.
· No more than four bedrooms
· Dwelling is connected to reticulated water, or if not connected to a Council operated reticulated water supply, provision of free bottled water and a sign in the kitchen and bathrooms
· Subject to STHL License obtained from NSW Fair Trading
· Subject to annual fire safety certificate
Development Requiring Consent
All other development that cannot meet the provisions of exempt development, and subject to STHL License obtained from NSW Fair Trading.
It is recommended that any regulation through the planning system is combined with a registration/licensing approach.
Registration or Licensing
The option to pursue registration or licensing by an industry body such as NSW Fair Trading (as opposed to self-regulation by industry) is strongly supported.
The major benefit of this approach includes removing the compliance burden from under-resourced Councils, and providing a framework that can be monitored by a separate regulatory body.
This licensing could also then be utilised for application of any tourism rating model considered into the future.
Some ideas for how a licensing program could work are provided below:
· Any person wanting to list a NSW property on a STHL site is required to obtain a license. The license would be provided by the landowner to the advertising body (i.e. AirBNB) in order to be listed on the site.
· The license could be issued by an Industry Body subject to an application and fee (similar to child care and liquor licensing), and subject to a referral to Council to determine whether the subject building has development consent and has been lawfully constructed.
· Councils could provide this referral service for a fee.
· Similar to liquor licensing, STHL licensing could offer different categories of licenses, depending upon the type and extent of STHL.
· The license may need to be reissued annually or every two years (i.e. fire safety inspections for tourist accommodation are required annually).
· The license may only be obtained if the residential accommodation type is permitted to be used for STHL in that zone or location (i.e. for instance, some Councils may wish to encourage STHL within 1km of town centres and within 300m of the coastal foreshore, or alternatively prohibit STHL beyond 60 days per year in the R2 zone or in certain locations to preserve affordable housing stock and peaceful amenity in low density residential areas).
· The license could be issued subject to: STHL being permitted in the location or zone; the building being lawful (residential building with an Occupation Certificate in place); a BCA compliance check (to address unlawful modifications and fire safety).
· Consideration should be given to bushfire prone areas and whether a referral to the NSW RFS is required (eg. for STHL applications for over 60 days per year).
· Dwellings offering STHL could be required to provide a sign at the front of the property with the host’s name and phone number, and the Industry Body’s name and contact details to prevent complaints being directed at Council.
Conclusion
STHL offers excellent potential to provide supplementary tourist accommodation choice within the Bega Valley, while simultaneously providing additional income opportunities for landowners. The benefits for supporting accessible STHL of residential dwellings are clear. However, STHL does have social impacts upon communities and the NSW Government’s intention to provide a regulatory framework to assist in mitigating these impacts is acknowledged as a necessity. The option to pursue a multi-pronged regulatory framework that provides avenues for low-risk STHL through an exempt development pathway, and higher-impact STHL through a development consent pathway, in combination with a State-level licensing/registration program is recommended. The combined approach is seen as a feasible option to mitigate any increased compliance burden upon Councils, while providing transparency and safety for tourist visitors to the Bega Valley.
Attachments
1. Short-term Holiday Letting in NSW Options Paper July 2017
2. Letter from the Mayor to Ministers Kean and Constance re real estate and property industry reforms
3. Minister Kean response letter regarding Real Estate and Property Services Reform
|
1. That Council note the discussion paper. 2. That staff forward a submission in response to the Options Paper supporting a regulatory framework as outlined in the report. |
|
Council |
11 October 2017 |
|
Item 9.1 - Attachment 1 |
Short-term Holiday Letting in NSW Options Paper July 2017 |
|
11 October 2017 |
|
|
Item 9.1 - Attachment 2 |
Letter from the Mayor to Ministers Kean and Constance re real estate and property industry reforms |
|
11 October 2017 |
|
|
Item 9.1 - Attachment 3 |
Minister Kean response letter regarding Real Estate and Property Services Reform |
|
Item 9.2 |
A review of the Commercial Centres Strategy for ‘Tura Beach/Merimbula/ Pambula Catchment’ has been prepared and is recommended as a draft for public exhibition purposes.
Director Planning and Environment
During the exhibition of Draft Bega Valley LEP 2010 a submission was received in relation to a site on the corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach (Figure 1 below) requesting the land be zoned R3 Medium Density Residential which Council resolved to support. The land was exhibited as R2 Low Density Residential. Subsequent to the Council resolution, a further submission was received requesting the land be zoned B5 Business Development to allow for a Bunnings style development. Council resolved at the meeting of 12 February 2014 to proceed with a Planning Proposal to rezone this site to B5 Business Development.
Figure 1. Tura Beach Drive, Tura Beach
In accordance with the Council resolution staff prepared a Planning Proposal which was forwarded to the NSW Department of Planning for Gateway consideration. The Gateway Panel considered the matter and determined that the Planning Proposal should not proceed on the basis that it did not adequately consider the Local and Regional Planning Strategies nor were the potential impacts of a B5 zoning in this location assessed or justified.
A Planning Proposal was subsequently lodged in February 2016 by DFP Consultants, on behalf of Bunnings Pty Ltd, requesting the land be zoned B5 Business Development which was supported by Council and forwarded to the NSW Department of Planning for Gateway consideration. The Planning Proposal was accompanied by a comprehensive economic impact assessment.
The Gateway Panel determined that the Planning Proposal should not proceed for a number of reasons relating to the inadequate consideration of the Local and Regional Planning Strategies.
The proponent formally requested a review of the Gateway determination by the Joint Regional Planning Panel. On 2 February 2017 the Southern Joint Regional Planning Panel (JRPP) considered the Gateway Review and was of the view that ‘with appropriate limits on use and measures to mitigate potential impact on neighbouring land uses, a Bunnings store could be accommodated on the site, without significant detrimental impacts on the hierarchy of centres’.
The Panel was of the view that ‘the underlying zone should be changed to R5 Large Lot Residential, similar to the zoning of lands along the eastern side of Sapphire Coast Drive as a holding zone until such time as Council completes its strategic work to determine whether or not the site should support a greater range of uses’. The Panel also recommended that Council finalise its strategic work in respect to the location of employment lands and commercial hierarchy to determine the appropriate strategic framework for the site and the function of the Tura Beach centre.
The Department of Planning advised Council by letter dated 23 March 2017 that the Gateway determination would not be altered and encouraged Council to liaise with the proponent regarding the recommendations of the JRPP and review the role of Tura Beach in the context of the 2006 Commercial Centres Strategy. Staff sought further clarification from the Department as to the requirements for the review with the following received:
· A discussion of Tura Beach centre in the context of the South East and Tablelands Regional Plan 2036;
· Determine the current and preferred future role and function of the Tura Beach centre, identifying how the local and sub-regional activities at Tura Beach fit strategically with projected growth in other centres in the Bega Valley;
· Principles for considering any future commercial proposals of a sub-regional nature for local centre or out-of-centre locations;
· Suitability of land identified for B5 Business Development zoning to accommodate bulky goods warehouse type development; and
· Design considerations for the site, particularly in relation to adjoining land uses and the role of the site as a gateway to the Tura Beach residential area.
In accordance with the advice of the Department a review of the Merimbula/Pambula/Tura Beach catchment has been undertaken in particular, identifying the current functions and future directions of each of these localities in the context of the commercial centres hierarchy within the Shire. The review, if adopted, would replace the Merimbula/Pambula/Tura Beach Local Centre chapter in the 2006 Commercial Centres Strategy.
The review of the Merimbula/Pambula/Tura Beach Catchment includes the following:
1. Specific planning advice regarding the functions and directions of the Merimbula/Pambula/Tura Beach commercial precinct in the context of the directions of the South East and Tablelands Regional Plan.
This advice has been guided by correspondence between the Department of Planning and Bega Valley Shire Council concerning the review of Council’s Commercial Strategy. In particular, this advice responds to the requirement to provide a discussion in the context of the South East and Tablelands Regional Plan. In doing so, the relevant directions and actions of key Council and NSW Government strategic documents are identified to provide background. These are the South Coast Regional Strategy, South East and Tablelands Regional Plan, Bega Valley Shire Commercial Strategy 2006, Bega Valley Shire Land Use Planning Strategy 2008 and a report prepared by Hill PDA for the Department of Planning & Environment in 2008.
2. Discussion of the changes within the retail industry sector, the subsequent demand for bulky goods retail type development within the Merimbula/Pambula/Tura Beach catchment and the need for additional B5 Business Development zoned land.
The key difficulties for Council in considering applications for new retail entrants such as large plate bulky goods retailers is that these types of retailers are not readily comparable with most existing retail formats in Australia. As a result, special consideration of their unique retail model is required in the policy and decision-making process. With wide ranging retailing characteristics, it is important for the Commercial Centres Strategy to provide strong policy guidance to Council in relation to how new innovative retail formats and market entrants can be appropriately accommodated.
3. Analysis of available commercial land within the centres of Merimbula and Pambula suitable for bulky goods retail type development.
The availability of commercial land within the centres of Merimbula and Pambula was assessed against criteria including environmental constraints, topography, exposure to passing traffic, location, potential for land use conflict, land capability, clustering and the availability of services.
4. Analysis of the suitability of land within the Merimbula/Pambula/Tura Beach catchment for future B5 Business Development zoning and bulky goods retail type development.
Three sites within the Merimbula/Pambula/Tura catchment were identified and assessed against criteria including environmental constraints, topography, exposure to passing traffic, location, potential for land use conflict, land capability, clustering and the availability of services.
5. Design considerations for bulky goods retail type development or other suitable development within the B5 Business Development zone.
Design criteria have been prepared that should be considered as part of any bulky goods retail type development or for large plate retail development in the B5 Business Development zone. The design criteria includes general considerations, building elements, colours and materials, landscaping, amenity, infrastructure considerations and particular requirements for gateway buildings and corner treatments.
The review concludes that commercial use of land at Tura would not undermine the primacy of Bega as the regional centre, but instead would reinforce the role of Merimbula/Pambula/Tura Beach as a major town with strong district functions and optimise use of existing infrastructure by co-location with similar scale retail facilities. Further zoning to facilitate the development of homemakers, hardware, building supplies and gardening supplies would provide these needs to the immediate area and beyond into the larger regional market.
Land capacity for additional commercial development exists at Tura Beach and Pambula that will assist to relieve pressure on Merimbula by providing goods and services to cater to local day-to-day shopping as well as limited weekly comparison goods. New commercial development should be consistent with the desired future character for Merimbula as stated in Bega Valley Development Control Plan 2013 and demonstrate economic and community benefits in accordance with the South East and Tablelands Regional Plan (Action 12.5).
1. Draft Commercial Centres Strategy Review
|
Item 9.3 |
9.3. Tura Beach Coastal Reserves
The report addresses local concerns that have arisen in the management and maintenance of two sections of the Tura Beach Coastal Reserve.
Director Planning and Environment
Background
In 2016 a number of incidents of tree and bushland vandalism in the Tura Beach Coastal Reserves came to the attention of Council officers. These and recent incidents in other parts of the Shire are indicative of a growing problem. The common factor in many of these locations, most notably Wallaga Lake, Bermagui, Mogareeka, Tathra, Tura Beach, Mirador, Merimbula, Pambula Beach, Eden and Boydtown, is the enhancement of coastal views from private property at the expense of trees and bushland in public reserves.
Consistent with operational practice in such cases, the response of Council officers at two locations at the northern end of Tura Beach, near The Point and Dolphin Cove Drive, was to write to residents bringing the incidents to their attention and seeking their assistance to provide any information or observations. Evidence has been provided by residents and collected by Council officers that clearly indicate multiple examples of native tree removal, lopping and breaking of branches, poisoning, removal and mowing of ground cover in the public reserves.
Since regulatory activities have been undertaken by officers, Council has received several proposals and correspondence expressing a range of opinions on the current and future management of these two sections of Tura Beach Coastal Reserves.
Map showing public reserves in the vicinity of The Point and Dolphin Cove Drive, Tura Beach
Issues
Legal /Policy
Council’s Community Land - Generic Plan of Management covers parks, sport grounds, natural areas and general community land. The Plan is Council’s overarching policy position on what can be done on various parcels of land in line with the Local Government Act 1993.
The sites in question (part of the Tura Head Coastal Reserve and Dolphin Cove Reserve) are specifically included in the plan and categorised as Natural Area Bushland.
The Plan of Management states:
The core objectives for management of land categorised as natural area bushland as set out in section 36J of the Act are as follows -
(a) to ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land, and
(b) to protect the aesthetic, heritage, recreational, educational and scientific values of the land, and
(c) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbances caused by human intrusion, and
(d) to restore degraded bushland, and
(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores, and
(f) to retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, and
(g) to protect bushland as a natural stabiliser of the soil surface.
The Plan lists permitted uses for Natural Area Bushland as follows:
A. Informal recreation and the construction of facilities to cater for these activities;
B. Approved environmental rehabilitation projects requiring ecological restoration activities associated with the protection and conservation of flora and fauna;
C. Establishing, enhancing and maintaining vegetation to provide:
a) a windbreak;
b) enhanced scenic value or visual screening;
c) habitat for native wildlife;
d) a suitable buffer for the protection of neighbouring watercourses or wetlands; and
D. Fire hazard reduction in accordance with the BFRMP or Council Reserve Bushfire Hazard Reduction Program and statutory regulations.
The Bega Valley Local Environmental Plan (BVLEP 2013) zones most of the public reserves across the Shire as RE1 Public Recreation. The objectives of RE1 are:
· To enable land to be used for public open space or recreational purposes.
· To provide a range of recreational settings and activities and compatible land uses.
· To protect and enhance the natural environment for recreational purposes.
The RE1 public land in the Bega Valley covers a wide range of sites, features and attributes including: major sporting facilities; local parks and playgrounds; small pocket reserves; beaches; and many other public settings. In fact the RE1 zone applies in this range of settings across NSW from international class sporting complexes to local bushland reserves and everything in between.
At North Tura Beach, in particular, the local coastal reserves provide both a natural setting and public access via basic paths, viewing platforms and stairs to a popular local beach. Additionally, in areas nearest private dwellings and public infrastructure (roads/sewerage), asset protection zones (APZs) for bushfire safety are jointly managed by Council and the NSW Rural Fire Service.
The only alternative zone used for local public reserves in the Bega Valley (and elsewhere in NSW) is E2 Environmental Conservation; however that zone is quite restrictive and would prohibit or limit even the most basic recreation facilities. Hence RE1 is the most appropriate zone for North Tura Beach reserves and similarly mixed environmental/recreation locations.
Strategic
The plan of management and the BVLEP 2013 both apply to the community land subject to this report. The former is Council’s intentions for the reserves as the owner of the land (on behalf of the community). Any proposal for a new recreation facility, use or change in management must first be considered by Council in the context of the plan of management. If the plan of management is supportive, that proposal can proceed for consideration against the BVLEP.
The plan of management explains the inter-relationship between the relevant legislation (refer page 8).
If Council had a reason to change the categorisation of the land or part of the land, such as an identified need for a sporting facility, playground or skate park (examples only) then such a proposal could be exhibited under the provisions of the Local Government Act. If warranted the change to the categorisation could proceed and then the land or part of the land could be developed accordingly (pending assessment against the provisions of the BVLEP 2013).
Operational / Asset Management Plan
North Tura Beach reserve is currently classified as ‘local’ within Council’s asset management hierarchy. It is mainly used by locals. Increasing parkland development will see increased use and demands on the local area, which will have an impact on local residents.
Throughout the Shire different localities have different mixes of facility provision. In most cases this has simply evolved over time. The North Tura Beach / Dolphin Cove area is not dissimilar to many costal residential areas across the Shire. Typical assets include beach access paths and trails, viewing platforms and stairs. It has been acknowledged that there can be more work done in the regular maintenance of these assets across the Shire. That has begun with the development of a system of trail classifications and a program of annual inspections and maintenance.
Many local residents across the Shire would like to see improvements in their local area. It is difficult for Council to meet all these requests. The asset hierarchy is applied to provide a structure to provision based on levels of use. This is important as it is a way to see facilities installed are managed in a ‘fit for purpose’ condition based on expected use. This also is an import element in delivering value for both capital and maintenance dollars spent and closely related to risk management.
The key asset management issue raised in the North Tura Beach / Dolphin Cove area are related to paths and access. The recommendations note that there is scope to improve accessibility, particularly to the path leading to the southern viewing platform and grassed area surrounding it. This would enable more people better access to this popular area. The North Tura viewing platforms and stairs were included in the recent inspection program and maintenance work has been programmed.
Any improvements or upgrades to paths and/or other furniture would be new assets, and future maintenance requirements need to be considered.
Some residents have stated that there is a need for more open grass in the local area. There is a large open grass area (3.8ha) nearby off Headland Drive.
Environmental / Sustainability
Bushland reserves including those subject to this report contribute significantly to the local conservation of native birds, animals, trees, shrubs and ground cover. Many people enjoy living close to the natural environment. Sensitive management is required for the bushland to co-exist in coastal urban settings such as Tura Beach.
Issues at the urban/bushland interface are not uncommon. Those issues include: increasing weed management, urban stormwater management, garden encroachments, dumping, views from private and public land, recreation and access, increased ‘edge’ area, bushfire hazard management, and feral animal control. Many coastal reserves, towns and Shire areas experience these problems. A considered sensitive approach is needed to retain the benefits of living near nature, whilst managing the impact on that bushland that comes with urbanisation.
Social / Cultural
All headlands in the Shire have significant cultural heritage value to Aboriginal people, and any works whether formalising paths or putting in new items, need to be appropriately assessed and managed under Due Diligence requirements set out by the NSW Office for Environment and Heritage.
Community support for bushland public reserves is essential. People taking matters into their own hands to enhance their private views and/or because they don’t like the look of their local environment can seriously impact the integrity of natural areas. These actions also impact on community harmony and neighbourhood relationships. That being said, officers believe that there is common ground and that improvements can and should be made over time to the local reserves. The recommendations draw out the areas of commonality and potential areas of action.
Community Engagement and/or Communications
Two local groups have been established in the northern part of Tura Beach. Each has prepared a submission expressing their opinions on the management and maintenance of the local reserves (see Attachment 1).
Council arranged a community drop-in session at Tura Marrang Library on 29 June 2017 as an opportunity for community members to express their opinions on the management and maintenance of Tura Beach Coastal Reserves and to discuss issues and concerns with Council officers in the Leisure & Recreation Team and the Environmental Services Team, as well as the Rural Fire Service. Approximately 90 people attended. This was followed by a workshop session.
Overall there was a fair amount of community goodwill and genuine willingness to work together and with Council. A summary of the drop-in session is provided at Attachment 2.
In the few weeks following the drop-in session, a survey was undertaken seeking the opinions of community members. 192 people undertook the survey, results of which are provided at Attachment 3.
The Mayor and General Manager convened a meeting of representatives of the two local groups on 15 August 2017 with the aim of bringing them together to see if they were willing to work with each other and with Council officers. All agreed to attend a site inspection together with senior Council officers which was held on 14 September 2017. Prior to the meeting and site inspection each group was provided with the summary of the drop-in session notes and the survey to assist their appreciation of community opinions.
A summary of the views expressed by representatives of the two local groups at the meeting and site inspection is provided at Attachment 4 along with Council officer recommendations and an estimate of costs.
Financial and resource considerations
The following is a summary of assets and works items recommended to manage the issues that have been raised recently in the North Tura Beach and Dolphin Cove area. As discussed above the area is not dissimilar to many coastal reserves in the Shire.
|
Asset / Works Item |
|
Amount |
|
Tracks & trails improvements (unfunded) |
$ |
14,000 |
|
Turf / bushland edges improvements (unfunded) |
$ |
5,500 |
|
Tracks and trails annual maintenance |
$ |
800 |
|
Safety signs improvements |
$ |
500 |
|
Viewing platform inspections and maintenance |
$ |
900 |
|
Fire Hazard management (annual APZ maintenance) |
$ |
800 |
|
Bushland vegetation management (weed management) |
$ |
1,200 |
Risk
Environmental risks and community relationships are discussed above. Some community members and one of the local groups has expressed concerns with the risk of fire in the public reserves.
Council officers work closely with the Rural Fire Service to ensure appropriate asset protection zones (APZs) are maintained across the Bega Valley. The RFS has advised the APZs at the rear of The Point and Dolphin Cove Drive are more than adequate.
Options
Attachment 4 provides a summary of various management and maintenance proposals, including Council officer recommendations.
Interestingly, the proposed actions agreed by both local groups correlate very closely with the broader community views expressed at the drop-in session and in the survey.
If Council wishes to change the categorisation of the land or part of the land, for example to establish a sporting facility, playground or skate park, then such a proposal could be exhibited under the provisions of the Local Government Act. If warranted the change to the categorisation could proceed and then the land or part of the land could be developed accordingly (pending assessment against the provisions of the BVLEP 2013).
Conclusion
Most members of our local communities appreciate the beautiful environment around them and many strongly support the protection of our natural bushland. In some coastal locations, however, there are people who have concerns about such areas relating to views, access and in some cases take matters into their own hands.
Community members have expressed a range of opinions on the management and maintenance of Tura Beach Coastal Reserves. On balance, the representatives of two local groups have agreed on several possible actions in the public reserves near The Point and Dolphin Cove Drive. Their joint opinions correlate very closely with the broader community views expressed at the drop-in session and in the survey.
It is recommended that the agreed actions outlined in Attachment 4 be undertaken as annual budgets, successful grant funding and staff resources permit and that expressions of interest be called to establish a volunteer group to assist Council in the management and maintenance of the public reserves in the vicinity of The Point and Dolphin Cove Drive, Tura Beach.
Attachments
1. Submissions by two local community groups
2. Tura Coastal Reserves Workshop Discussion Summary Notes Graphs & Tables
3. Tura Head Coastal Reserve Values and Improvements Web Survey Graphs & Tables
4. Summary of management and maintenance proposals including officer recommendations
|
1. Council acknowledges the submissions and opinions expressed by members of two local interest groups and by the broader community and thank them for their input. 2. Council adopts the agreed actions as outlined in Attachment 4 of the report to be undertaken as annual budgets, successful grant funding and staff resources permit. 3. Council calls for expressions of interest from community members to establish a volunteer group to assist in the management and maintenance of the public reserves in the vicinity of The Point and Dolphin Cove Drive, Tura Beach.
|
|
11 October 2017 |
|
|
Item 9.3 - Attachment 2 |
Tura Coastal Reserves Workshop Discussion Summary Notes Graphs & Tables |
|
11 October 2017 |
|
|
Item 9.3 - Attachment 3 |
Tura Head Coastal Reserve Values and Improvements Web Survey Graphs & Tables |
|
11 October 2017 |
|
|
Item 9.3 - Attachment 4 |
Summary of management and maintenance proposals including officer recommendations |
In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.
10.1 Beach Lifeguard Services Tender RFT 55/17.................................................... 142
10.2 Twyford Hall future management ................................................................... 146
10.3 Eden Preschool and Bandara Preschool Fees and Charges.............................. 161
|
Council 11 October 2017 |
Item 10.1 |
Director Community, Relations and Leisure
The summer beach lifeguard program is an established service delivered by Council. The services are provided at the busiest time of year and, in doing so; help to manage hazards and risks for the many beaches goers, including both residents and visitors, taking advantage of the holiday period.
The service locations include the three surf club sites and five popular non surf club beaches. They are Camel Rock (Bermagui – no surf club), Horseshoe Bay (Bermagui - surf club), Tathra (surf club), Short Point (Merimbula - no surf club), Bar Beach (Merimbula – no surf club), Main Beach (Merimbula – no surf club), Pambula Beach (surf club), Aslings Beach (Eden – no surf club)
Surf lifesaving is a specialised field that requires specific skills, experience and resources. Due to the nature of these services, Council is not in a position to deliver the service in-house. In previous seasons, Council has contracted this service to an external provider through an open public tender process.
In November 2013, Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service (ALS)) was awarded a three year contract to provide Professional Beach Lifeguard Services. Council approved a one (1) year extension to that contract for the 2016/2017 summer holiday period. The expiry of the extension required a new tender to be developed and publicly advertised.
The tender documentation RFT 55/17- Provision of Beach Lifeguard Services was publicly advertised on Tuesday 15 August 2017, and closed on Wednesday 6 September 2017. One submission was received from Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service). Details of the tender are included in the tender assessment panel report, which is attached.
Beach lifeguard services are an important service to the Bega Valley during the summer school holiday period. They provide supervised beach locations for residents and visitors to attend during this period of peak use where school holidays, water temperature and summer weather are favourable for beach use.
Beach Lifeguard Services are specifically referenced in the BVCS Community Strategic Plan (CSP) and adopted delivery programs and operational plans.
Community Strategic Plan Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.
· Review and re-tender the contract for Beach Lifeguard Services and consider opportunities for joint tendering and linking of services.
· Implement recommendations from the annual report of lifeguard service providers (were funding is available)
Operational Plan 2017-2018 activities are:
· Appoint contractor to deliver the Beach Lifeguard Services and monitor performance
· Develop a service delivery audit program to ensure the service is effective and delivering value
· Cost high priority recommendations, source funding and deliver recommendations
Economic benefits are realised through tourism, in particular provision of supervised beach locations for residents and visitors to attend during the summer holiday period. Seasonal employment opportunities also provide some flow on economic benefits.
The summer beach lifeguard program is an established service delivered via Council. There is a Special Rate Variation (SRV) raised to fund the service. There is awareness in the broader community of the program.
The tender was publicly advertised through Councils online tender portal, tenderlink.
The scope of works in this tender has been increased over the previous specification. This was related to the Delivery Plan Action Implement recommendations from the annual report of lifeguard service providers (were funding is available), and testing the market for costs to implement a key recommendation. Specifically the increase in services included a previous ALS recommendation to see each of the eight sites have a lifeguard service effective from the first Monday of the summer school holidays. (The previous contract extension had services beginning at four non-surf club sites at Camel Rock, Short Point, Bar Beach and Main Beach on Boxing Day 26 December each year). In effect the specification looks to increase services at non surf club sites by beginning approximately a week earlier.
As part of their tender, ALS have committed to provide additional services outlined below. ALS will absorb these costs as part of their broader operations. They are:
· February Tathra Beach lifeguard extension (previously funded by the Tathra Chamber of Commerce and grants)
· Make available a rescue water craft (Jet Ski) for ALS lifeguards and Far South Coast lifesavers for use during patrol hours
· Extended services at Bar Beach (Merimbula) when low tide is forecast between 5pm and 8pm (tide forecasts predict low tide be after the patrol hours on approximately 4 days in early January 2018).
The price submitted by ALS was greater than the allocated annual SRV amount for this service provision. This can be directly related to the increase in services described above. As a result, either the proposed services will need to be reduced to meet the funding amount or additional funding sources will need to be identified to fund the shortfall. Seasonal pricing, funding and the annual shortfall amount are included in table below.
|
Funding source |
|
Amount- 2017/18 |
Amount- 2018/19 |
Amount- 2019/20 |
|
SRV funding amount |
$ |
189,000 |
192,496* |
196,057* |
|
Annual funding shortfall |
$ |
18,900 |
20,808 |
22,794 |
|
*Estimated at 1.85% per annum increase |
||||
Previous reports to Council have confirmed Councils position that the summer lifeguard service is to be met within the financial parameters of the SRV.
The beach lifeguard services are fundamental a risk management program which is in place to give options to locals and visitors to safely enjoy the most popular beaches in the shire, during the busiest time of year. Lifeguard services help to minimise and control risks in the beach environment through risk assessment, public education, signage, provision rescue equipment and emergency response at identified service locations. This service provides beach users an option of a supervised location to visit the beach, as opposed higher risk unsupervised locations.
The tender submission from ALS was strong and demonstrated both experience and capability to deliver the services. It is noted the tender price is above the available budget for the services. There are two possible options to move forward and have funding match services.
• Option 1: Council acknowledged ALS as the preferred tenderer and staff work with ALS to reduce services to meet SRV allocation amount by using a risk management approach.
• Option 2: Accept the ALS tender price and identify additional related sources of funding to cover the shortfalls identified in the table above.
1. Attachment RFT 55-17 Provision of Beach Lifeguard Services (Councillor Only) (Confidential)
|
Council 11 October 2017 |
Item 10.2 |
10.2. Twyford Hall future management
Options for the ongoing management of the Twyford Hall Complex in Merimbula are provided for Council’s consideration.
Director Community, Relations and Leisure
Background
Twyford Hall Inc. have been progressing the idea of a raked theatre for some time and Development Consent for the Theatre Twyford Project was granted in 2007 for development in multiple stages.
At the meeting of 30 August 2017 Council resolved to provide a letter of support for the Theatre Twyford project and that Council receive a report on possible future ownership and management models for the Twyford Hall complex.
The letter of support was provided to Twyford Hall Inc. on 31 August and an Expression of Interest to the Regional Cultural Fund was submitted by them to Create NSW for the Theatre Twyford Project at a value of $7.4m.
The question of ongoing management and future ownership models are the next questions to be resolved. A key issue for Twyford Hall Inc. is gaining Deductible Gift Recipient (DGR) status that will allow access to philanthropic funds to support the ongoing operations of the Twyford Complex.
Twyford Hall Inc. currently operates the Twyford Complex under a Management Deed that is in place until December 2017 with a commitment from Council to extend that to December 2018. The length of tenure is inadequate for them to achieve DGR status.
Ownership
The existing Twyford Hall, including the shops and site for the Theatre, is on Community Land. Any change of ownership requires a reclassification process to change the land from ‘community’ to ‘operational’ land. A planning consultant would need to be engaged to prepare a report and undertake community consultation, which then requires both Council and Ministerial sign off as it represents a change in the Council’s Local Environmental Plan (LEP). The reclassification process can take a minimum of 12 month to finalise.
While Twyford Hall Inc. is keen to work with Council to resolve the question of ownership, the lengthy process involved does not meet the immediate need as it relates to DGR status and they are supportive of establishing longer tenure in the first instance and to then progress the question of ownership at a later time.
It is recommended that a management deed be entered into with Twyford Hall Inc. for a period of 15 years (5+5+5 years).
Issues
Legal /Policy
Legal advice obtained suggests that a management deed would be appropriate in this instance to ensure that Council’s interests are protected and would be a more straightforward and timely process than a lease. A lease with Twyford Hall Inc. for the entire site would involve revisiting the leases of the shops as they are currently directly with Council.
Strategic
The site is Council managed community land and is covered by a Plan of Management. The Plan of Management was adopted by Council on 2010. The creation of a raked theatre (the Theatre Twyford project) is listed in the current Plan of Management under Section 4. "Permitted use and development of the complex” and is noted as a proposed development. The Plan of Management needs to be reviewed; however this does not need to precede any new management deed as specific provisions can be made in the deed document to allow for this review.
Operational / Asset Management Plan
Twyford Hall is listed as an asset of Council and included in Council’s Building Asset Management Plan. Any improvement to the site would need to be reflected in Council's building asset inventory. It is important that any longer term management deed considers the question of ongoing maintenance and renewal for the whole complex including the existing hall, shops and the proposed Theatre.
Community Engagement and/or Communications
A meeting was held with members of the Twyford Hall Incorporated committee on 13 September 2017 to clarify their position and to better understand what their preferences were regarding ongoing management and models of ownership.
The immediate priority for the Committee was to achieve Deductible Gift Recipient status in order to maximise the potential for philanthropic funding for the project and ongoing management of the Twyford Complex.
Feedback the Committee have received from the Register of Charitable Organisations (part of the Commonwealth Department of Commerce and the Arts) suggests that one area that needs to be addressed to allow the committee to achieve DGR status, given they are not the owners of the Twyford Complex, is the length of tenure. The recommended length of tenure is 15 years, this can be either management deed or lease, and the committee had no preference either way.
The committee were also keen to pursue the issue of ownership/trusteeship once the initial period of tenure was confirmed were willing to work through that issue with Council.
Financial and resource considerations
As indicated in the reports of 26 April and 16 August 2017, the Committee is not seeking any direct financial support from Council for this project for either the construction or operation of the new theatre; in fact they have explicitly indicated the funding will be sought from sources other than Council.
The Committee has taken sensible measures to reduce the financial risk with the previous construction of the shops to provide a level of income for the theatre.
Risk
The risk profile for Council does not change as it retains ownership of the Twyford Complex. If the Theatre project goes ahead, this will increase the value of the current asset significantly. This can be addressed in part through the management deed as indicated above.
Conclusion
Twyford Hall Inc. has been managing the Twyford Complex as an independent community organisation since 2009, it is important to resolve the issue of ongoing tenure to provide a level of certainty in light of the potential theatre development. Due to the lengthy process involved in change of ownership this will not address the immediate issue for Twyford Inc., the question of DGR status.
The option of a management deed will provide the tenure required by the Register of Charitable Organisations to strengthen their case. A management deed is sufficient to ensure that Council’s interests are protected and can provide a timely resolution to meet Twyford Inc.’s short term concerns.
Council staff can work with Twyford Hall Inc. to progress the issue of ownership models and bring that back to Council for their consideration.
Attachments
1. Report to Council 26 April 2017 Twyford Hall Inc.
2. Report to Council 16 August 2017 Theatre Twyford project request for support
|
1. That the report be noted. 2. That Council enter into a management deed with Twyford Hall Inc. to manage the Twyford Complex for a period of 15 years (5+5+5years). 3. That the General Manager and Mayor are authorised to execute the required documentation. 4. That Council staff work with Twyford Hall Inc. to bring a further report to Council on the question of ownership of the Twyford Complex. |
|
11 October 2017 |
|
|
Item 10.2 - Attachment 2 |
Report to Council 16 August 2017 Theatre Twyford project request for support |
|
Item 10.3 |
Updated fees and charges are proposed for Eden Preschool and Bandara Preschool programs as a consequence of State Government early childhood funding criteria, and are required to be publicly exhibited before they come into force in January 2018.
Director Community, Relations and Leisure
Bandara Preschool and Eden Preschool programs receive grant funding under the NSW Department of Education’s new Start Strong funding model. Start Strong links preschool funding with the number and characteristics of children attending the preschool.
Start Strong provides maximum funding to the preschool for every eligible child who is enrolled for 15 hours of preschool (two days) per week. Children enrolled for 7.5 hours (one day) per week attract 10% of the maximum funding. Children enrolled for more than 15 hours per week do not attract funding for any hours exceeding 15. Children who do not meet the eligibility criteria of being in the year before school, or a three year old who is Aboriginal or from a low income family, receive no funding.
From January 2018, in order to align operations with the new funding model priorities, Bandara Preschool and Eden Preschool will require families to enrol their children for 15 hours per week (two days). Unfunded children, meaning those who do not meet Start Strong funding criteria, will no longer be eligible to enrol in preschool, but will be invited to use Council’s Eden Child Care Centre or Bandara’s Long Day Care program instead.
The key points to note for the proposed changes to preschool fees and charges are that:
· The current two-tier preschool pricing system where children enrolled for one day per week pay a higher daily fee than those enrolled for more than one day will be abolished. From January 2018 all children at Bandara Preschool and Eden Preschool must enrol for two days per week.
· From 2018, Bandara Preschool and Eden Preschool will no longer enrol unfunded three year-old children into their preschool programs.
· Bandara Preschool’s prices will increase by $2 per day to accommodate the cost of the provision of daily cooked meals. The goal of this fee increase is to ensure equity of fees compared to Eden Preschool and Sapphire Mobile Preschool, where meals are not provided, but the fee is currently the same.
· There will be no changes to preschool prices for Sapphire Mobile Preschool due to this preschool being out of scope of the Start Strong model. This preschool can still accept enrolments for one, two or three days - including for unfunded three year olds - with daily prices remaining the same regardless of numbers of days enrolled.
The fees and charges proposed for Eden Preschool and Bandara Preschool will, once adopted, come into effect from 1 January 2018 and remain in place until 30 June 2018.
The fees and charges are attached for the consideration of Council prior to public exhibition.
Under the Local Government Act 1993 (NSW), Council is required to publicly exhibit fees and charges for a period of 28 days.
The fees and charges collected in relation to Bandara Preschool and Eden Preschool will go towards the operations and maintenance of the preschools.
This report places the relevant changes to Council’s fees and charges schedule on public exhibition.
The families attending Eden Preschool and Bandara Preschool were informed in writing in September 2017 that the preschools would change their enrolment criteria, operations and prices in 2018.
Information nights for families and community members were held at the preschools in September to discuss the changes, along with press releases and radio segments for the public.
Current and prospective families have been invited to use Council’s Eden Child Care Centre or Bandara Long Day Care if their child is ineligible to attend Eden Preschool and Bandara Preschool next year.
Changes to preschool fees and changes are required to ensure that these programs remain financially sustainable under the new criteria for State Government early childhood funding. The proposed price changes for Eden Preschool and Bandara Preschool are projected to have a neutral impact on the overall income of each preschool.
It has been past practice to offer discounted rates for families who enrol two or more children into preschool in the same year. In past years, a discount of approximately 50% was applied for the second and subsequent children; however this rate was not uniform across all price categories. From 2018, for families who enrol two or more children into preschool, the second child and all subsequent children will receive a discount of $5 per day.
The changes to fees and charges for Eden Preschool and Bandara Preschool have been proposed to achieve equity across Council’s preschools and to ensure that Eden Preschool and Bandara Preschool align their enrolments to Start Strong funding priorities.
Council is required to publicly exhibit its draft fees and charges. Public exhibition will include documents being available at all of Council’s Children’s Services and online.
1. Proposed Changes to Preschool Fees and Charges from January 2018
|
Council |
11 October 2017 |
|
Item 10.3 - Attachment 1 |
Proposed Changes to Preschool Fees and Charges from January 2018 |
Council |
11 October 2017 |
In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.
11.1 Councillor attendance Local Government NSW Conference 2017................... 168
|
Council 11 October 2017 |
Item 11.1 |
11.1. Councillor attendance Local Government NSW Conference 2017
At the last meeting Council resolved that two additional Councillors attend the Local Government NSW Conference 2017 from 4-6 December 2017.
General Manager
Background
Council resolved at the 20 September Ordinary Council Meeting to endorse the attendance of two additional Councillors at the Local Government NSW Conference 2017. This was to ensure that Council’s democratic rights as members of the Local Government NSW are achieved through voting to the full entitlement at the Local Government NSW Conference 2017.
Conclusion
Council resolved on 28 June 2017 to send the Mayor to the Local Government NSW Conference 2017 and resolved on 20 September 2017 to send an additional two delegates. To benefit from the early bird registration rate Council now needs to select the additional two Councillors who will attend.
Attachments
Nil
|
That Cr (insert name) and Cr (Insert name) attend the LG NSW Conference on 4 to 6 December 2017. |
Council |
11 October 2017 |
In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.
12.1 Bemboka Water Treatment Plant - Appointment of Public Works Advisory for assistance with Project Design and Construction....................................................................... 170
12.2 Tender RFT 62/17 Bermagui Bridge Piles Project............................................ 172
12.3 Public Exhibition of Draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan........................................................................................................................... 175
|
Council 11 October 2017 |
Item 12.1 |
12.1. Bemboka Water Treatment Plant - Appointment of Public Works Advisory for assistance with Project Design and Construction
This report provides information regarding the new Bemboka Water Treatment Plant and recommends acceptance of the proposal from NSW Public Works Advisory for assistance with the Project Management and Contract Administration of the design and construction of the new Water Treatment Plant at Bemboka.
Director Transport and Utilities
Background
Following Public Tender and Award in July 2017 for the Construction of a new Water Treatment Plant (WTP) at Bemboka the detailed design and construction of the WTP is proceeding. This plant will incorporate up to date membrane filter technology to reliably supply op to 500,000 litres/day of high quality potable water for Bemboka. The plant has been designed for anticipated future growth and upgrade of the treatment process if required.
The Bemboka Water Treatment Plant will be the first of four WTPs to be designed and constructed by Council as part of the Water & Sewerage Services Strategic Business Plan and as such will be a prototype for the three equally technically advanced but much larger WTPs to follow.
The new Bemboka WTP will utilise advanced membrane filtration and chlorination to provide a multiple barrier to pathogens and provision is to be included in the design for UV disinfection if it becomes necessary due to future regulatory requirements.
In the past, the project and construction management for major Water and Sewerage projects has been outsourced entirely to NSW Public Works Advisory. NSW Public Works Advisory have significant expertise, experience and capability with Water Treatment and have assisted Council to date with the Bemboka WTP through the process to evaluate options and develop the concept design, which has also involved negotiation with and advice from both NSW EPA and NSW DPI Water in determining the detailed technical specification.
With the augmentation of the Water & Sewerage Services Assets team, Council management considered it both strategically advantageous and technically prudent to enhance these growing capabilities by drawing on the technical expertise of NSW Public Works Advisory on this first WTP project. The benefits of this approach include harnessing the combined potential of NSW Public Works Advisory and Water & Sewerage Services, further and accelerated development of the internal technical and project delivery capabilities within Council and significant savings in fees on this project due to the shared Project Management/Contract Management. This increased capability will prove necessary to meet future increasing technical and regulatory demands.
Accordingly, NSW Public Works Advisory were invited to submit a proposal in the context of continuing their assistance on the Bemboka WTP, to provide partial Project Management/Contract Management services as an integral and combined part of the project team for the 12 month engagement term.
Issues
Legal /Policy
These Services are being procured from NSW Department of Finance, Services and Innovation and as per NSW Local Government Act 1993 Chapter 6, Part 3, Division 1, Section 55 are permitted to be single sourced from the Crown.
Strategic
Bemboka WTP is listed as the first of four Water Treatment Plants (Bemboka, Bega-Tathra, Yellow Pinch Dam and Bermagui) to be constructed under the Major Capital Works Program (Table 3-2, page 15) of BVSC Water Supply and Sewerage Strategic Business Plan March 2014. The strategic aim is to establish the in-house technical and project capability for these subsequent projects.
Financial and resource considerations
|
Funding source |
|
Amount |
|
New Works Reserve - Water |
$ |
3,700,000 |
Risk
The engagement of NSW Public Works Advisory will provide additional experience and expertise to assist Council to meet the stringent requirements of The Australian Drinking Water Guidelines on this, the first of the BVSC WTPs and will reduce project and longer term operational risk, enhance the project team capability both on this particular project and provide learning opportunity to enhance Council’s own capabilities for the future WTP projects.
Conclusion
The engagement of NSW Public Work Advisory on this project is a strategically advantageous opportunity to both enhance and ensure project outcomes for the Bemboka WTP and further develop Water & Sewerage Services Asset and Project Team capabilities for the future WTPs in the capital works program.
Attachments
1. Bemboka Water Treatment Plant NSW Public Works Advisory Proposal for Project Management and Contract Administration (Councillor Only) (Confidential)
|
That Council accept the proposal of 21 July 2017 for Project Management and Contract Administration Services from NSW Public Works Advisory to assist Council with the Detail Design and Construction of the new Water Treatment Plant at Bemboka for the amount of $159,800 (excluding GST) subject to variations and provisional items. |
|
Council 11 October 2017 |
Item 12.2 |
12.2. Tender RFT 62/17 Bermagui Bridge Piles Project
This report details the outcome of evaluation of Tender RFT 62/17 for the Bermagui Bridge Piles Project and recommends award to the preferred tender.
Director Transport and Utilities
Background
Currently the Bermagui Bridge is extensively damaged, due to salt water and oxygen degradation in the tidal zone of pier columns/piles. This project aims to prolong the life of the Bermagui Bridge through removal of damaged concrete and steel reinforcement with the latest rectification material and also cathodic protection of steel reinforcement. It is a continuation of work previously completed on four columns of the Bermagui Bridge and other bridges in a similar situation around the Bega Valley.
This work is planned to be extended to the remaining 12 piles of the bridge, pending funding approval and contractor agreeance in subsequent financial years.
Council invited tenders from suitably qualified contractors to carry out repair works of the Bermagui Bridge piles/columns at Wallaga Lake Road, Bermagui. Tenders were advertised in local media on 16 August 2017 and in the Sydney Morning Herald on 16 August 2017. At the close of the tender period at 12.00pm on 13 September 2017, 40 documents were issued, with five submissions received from the following companies:
· Abergeldie Contractors Pty Ltd
· Duratec Australia (ES) Pty Ltd
· Freyssinet Australia Pty Ltd
· Guideline South Coast Pty Ltd
· National Concrete Solutions Pty Ltd
Applicants were asked to provide:
· Lump sum price breakdown of the works
· Rates for Variations
· Schedule of Key Contact Staff
· Schedule of Machinery, Plant & Equipment
· Schedule of Consultants, Subcontractors & Major Suppliers
· Schedule of Tender Program
· Schedule of Work Health and Safety
· Recognition of local Outcomes
· Tender Program & Construction Methodology
· Traffic & Pedestrian Management Plan
· Community Consultation & Liaison Plan
· Schedule of Quality Assurance
· Schedule of Environmental Management
· Schedule of Similar Projects & Tenderer’s References
· Schedule of Tenderer’s Current Workload
The tender submissions were assessed against the following evaluation criteria:
|
Tender Evaluation |
|
|
Criteria |
Weighting |
|
Price |
60% |
|
Project Experience |
15% |
|
Project Functionality |
20% |
|
Local Community Benefit |
5% |
|
WH&S |
Compliant/ Non-Compliant |
|
Total |
100% |
Issues
Legal /Policy
The tender process complied with the Local Government Act 1993.
Strategic
This work is in line with the Asset Management Plan for transport.
Operational / Asset Management Plan
This work is in line with the Asset Management Plan for transport and has been previously approved by council.
Environmental / Sustainability
The major environmental benefit of this project is completing the work before it becomes a bigger issue. With further deterioration, the environmental costs of more extensive repairs increase.
Social / Cultural
The project aims to maintain a vital transport link within the Bermagui community.
Economic
There are wide reaching economic benefits of maintaining this transport link.
Community Engagement and/or Communications
Considering the finished product of the work will essentially be no different to the existing structure, community engagement of the finished product has been identified as low risk.
Focus of project management will be during construction ensuring minimal impact to the community. Proactive review and consultation with all relevant stakeholders will be carried out and a dynamic constant review process will be implemented during the works.
Financial and resource considerations
This project is funded under the following budget:
|
Funding source |
|
Amount |
|
50% Council Funds – Bridges on
Sealed Rural Roads (Regional) |
$ |
121,000 |
Risk
This work will prolong structural robustness of the Bermagui Bridge by providing protection against corrosion effects.
Conclusion
It is recommended that 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 62/17 Bermagui Bridge Piles Project (Councillor Only) (Confidential)
|
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 62/17, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That other tenderers be advised of Council’s decision. |
|
Council 11 October 2017 |
Item 12.3 |
The draft reports for the Bega and Brogo Rivers Floodplain Risk Management Study and Plan have now been completed and are ready for formal public exhibition.
Director Transport and Utilities
Bega Valley Shire Council engaged consultants Cardno to undertake a Floodplain Risk Management Study and Plan for the Bega and Brogo River catchments. The Study and Plan were undertaken as the next step in the floodplain risk management process, following the completion of the corresponding Bega and Brogo Rivers Flood Study in 2014, with the assistance of a grant from the Office of Environment and Heritage.
The Floodplain Risk Management Study and Plan forms the penultimate stage towards implementation of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual, the management of flood liable land, April 2005.
A Floodplain Risk Management Plan is the formalisation of an effective floodplain risk management process. It is based on a comprehensive and detailed evaluation of all factors that affect and are affected by the use of flood prone land. It represents the considered opinion of the local community on how to best manage its flood risk and its flood-prone land. It also provides a long term path for the future development of the community. The Floodplain Risk Management Study and Plan are integrally linked. The Study provides for the assessment of options that form the basis for the considerations and decisions in the Management Plan.
Council has taken the initiative to carry out the Floodplain Risk Management Study and Plan to assist with planning for and managing the risk the community faces from flooding.
The Office of Environment and Heritage (OEH), is supporting Council by providing technical assistance and administering grant funding from the Minister for Police and Emergency Services for the project.
The draft Floodplain Risk Management Study and Plan reports have now been completed and received. All computer modelling and mapping has been completed and the draft reports, options and recommendations are now ready for public comment and submissions. The adopted Floodplain Risk Management Study and Plan reports will provide the technical and policy basis required for the implementation of the adopted subsequent Floodplain Risk Management Plan and informed decision making.
Copies of the Draft Study and Plan have been provided to Councillors.
In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.
Locally, the NSW Government Policy is implemented through Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013.
Once the final flood study report is completed, it will provide the technical basis required for the development of a subsequent Floodplain Risk Management Study (FRMS) and Floodplain Risk Management Plan (FRMP). Part of the typical outcomes of a FRMS and FRMP are a review of structural and non-structural flood mitigation options. Some of the typical non-structural options arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls. The final mix of structural and non-structural options are developed with the assistance of community consultation at these subsequent stages. These outputs are then incorporated into Council’s Environmental Planning Instruments such as Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013 following adoption.
Councils issue planning certificates under Section 149 of the NSW Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that then apply to the subject land. If changes to existing, relevant, flood related planning controls, flood related development controls or flood prone land policies do arise from the FRMS and FRMP, the relevant wording for flood related clauses need to be reflected in the Section 149(2) planning certificate.
A number of properties that do not have these flood related planning and development controls currently exist. This may occur because they are actually not flood prone according the definitions of the NSW Government’s Flood Prone Land Policy or no detailed flood mapping has been undertaken in those areas. A number of these properties may have flood related planning and development controls applied after the adoption of the FRMS and FRMP.
Council also has obligations according to the terms and conditions of the grant funding agreement with the Office of Environment and Heritage that include the mandatory use of external consultants, co-publicity, whole-of-government access to the final products and a handover date of 30 December 2017 for the project deliverables.
The completed Floodplain Risk Management Study and Plan report will form the key technical and policy basis for decision making and the implementation of the adopted FRMP. The completed Floodplain Risk Management Study (FRMS) and Floodplain Risk Management Plan (FRMP) will allow Council to identify and manage the existing flood risk, hydraulic and hazard categories within the Bega and Brogo River catchments. The adopted FRMS and FRMP quantify options for implementation to manage the identified flood risks and hazards within the floodplain. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address existing and future flood risk.
The completion of this project meets Operational Plan 2017-18 Key Outcome: ‘Complete Bega and Brogo Rivers Floodplain Risk Management Study and Plan’. The associated Performance Measure is ‘Study and Plan adopted by Council’.
When finalised, the draft report findings will form the basis of future asset/community planning and protection.
Environmental concerns such as climate change, including sea level rise, have been addressed in the draft FRMS and FRMP reports, in accordance with current NSW Government Guidelines and requirements for FRMS and FRMP projects of this type.
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 findings, recommendations and implementation of the adopted FRMP will form the technical and policy basis for the management of social, cultural and economic impacts.
The FRMS and FRMP is a multi-disciplinary process that balances a number of differing factors to generate recommendations for the implementation of an appropriate mix of management measures to deal with the different types of flood risk. Some typical factors considered during the management study are the flood behaviour, danger and damage, community costs of flooding, future land-use, a comprehensive range of flood risk management measures, environmental needs of the river and floodplains and environmental and cultural impacts of management measures. Cost-benefit ratios of differing identified risk mitigation options from community consultation are developed during a subsequent Floodplain Risk Management Study for inclusion in a Floodplain Management Plan for the catchment. The identified Floodplain Risk Management strategies are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community. These options are then evaluated for inclusion in the adopted FRMP for future implementation. The implemented FRMP will assist in managing any economic impacts arising from flood events.
Consultation via formal public exhibition and the invitation of public comment is the subject of this report. Community consultation regarding FRMS and FRMP outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.
Consultation of local residents within the catchments was completed using a community flood questionnaire during April-May 2015. Consultation of relevant State agency stakeholders occurred during March 2015. Also, consultation was completed throughout the project within the Bega Valley Shire Floodplain Risk Management Focus Group of which the community, State agency, Councillors and Council staff are represented.
To promote the exhibition of the draft report, traditional and digital media channels to residents within the identified floodplain areas will be used. Drop-in sessions with Council’s consultant and staff will be arranged at a date to be determined for residents to raise issues relating to their areas with staff during the exhibition period. Drop-in sessions during and after normal business hours will be arranged to provide a broad range of opportunities for community participation.
The FRMS and FRMP project is partially subsidised by Floodplain Risk Management Programme Grant of $141,000 from the Minister for Police and Emergency Services and administered by the NSW Office of Environment and Heritage. The Grants are subsidised at a rate of two government dollars per Council dollar.
|
Funding source |
|
Amount |
|
Stormwater Operating Expenses |
$ |
70,500 |
The adopted FRMS and FRMP and the implementation of the identified actions will allow Council and the community to manage its existing, continuing and future flood risk. The FRMS and corresponding FRMP will be integrated with the Local Flood Plan, Council’s existing Community Strategic Plan, Delivery Plan, existing and any future proposed planning instruments and will meet Council’s obligations under the NSW Local Government Act 1993.
Placing the draft reports on exhibition for public comment and submissions is not only a requirement of the floodplain risk management process but also ensures that the outcomes incorporate the views of the community for future decision making. Any submissions made during the public exhibition period will be considered in the finalisation of the draft reports for adoption by Council at a later date.
Council has existing commitments according to the terms and conditions of the Grant Funding Agreement with the Office of Environment and Heritage. Delays in finalisation of the material handover may lead a breach of the agreement terms that could jeopardise the success of future Floodplain Risk Management Grant Applications.
The options available to Council are:
1. Place the draft reports on public exhibition as per the requirements of the NSW Government Floodplain Risk Management process such that it can fulfil its statutory obligations
2. Defer the exhibition at the risk of incurring a reduced likelihood of future Grant funding.
3. Seek an extension of time to execute the final handover of deliverables with the Office of Environment and Heritage.
The formal public exhibition of the draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan report and findings will allow community input and submissions to be incorporated into the final report to be adopted. The exhibition process will also allow Council to meet current NSW State Government consultation requirements in finalising and adopting the FRMS and FRMP at the end of the formal exhibition period.
Nil
Council |
11 October 2017 |
In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.
13.1 Related Party and Pecuniary Interest Disclosure Returns - 1 July 2016 to 30 June 2017 180
|
Council 11 October 2017 |
Item 13.1 |
13.1. Related Party and Pecuniary Interest Disclosure Returns - 1 July 2016 to 30 June 2017
This report confirms lodgement of Related Party and Pecuniary Interest Returns by Councillors and Designated Persons for the period 1 July 2016 to 30 July 2017
Administration Co-ordinator
Background
Related Party Disclosures
Council must comply with disclosure requirements under the Australian Accounting Standard AASB124 Related Party Disclosures and the Australian implementation guidance for not-for-profit public sector entities (AASB.124), the Privacy and Personal Information Protection Act [PPIP] (1998), and the Government Information Public Access Act [GIPA] (2009).
The disclosures of interest within this requirement pertain to Councillors; key management personnel; their close family members; as well as any entity controlled or jointly controlled by any of them. The following persons were required to submit a Related Party Disclosure Form.
|
Name |
Position |
Comments |
|
Allen, Tony (Anthony) |
Elected Official |
Lodged |
|
Nadin, Mitchell |
Elected Official |
Lodged |
|
Fitzpatrick, Russell |
Elected Official |
Lodged |
|
Bain, Robyn |
Elected Official |
Lodged |
|
Griff, Cathy |
Elected Official |
Lodged |
|
McBain, Kristy |
Elected Official |
Lodged |
|
Seckold, Elizabeth (Liz) |
Elected Official |
Lodged |
|
Tapscott, Sharon |
Elected Official |
Lodged |
|
Dodds, Jo |
Elected Official |
Lodged |
|
Mahwinney, Ann |
Previous Elected Official |
Currently overseas |
|
Hughes, Keith |
Previous Elected Official |
Awaiting receipt |
|
Taylor, Bill |
Previous Elected Official |
Lodged |
|
Britten, Michael |
Previous Elected Official |
Awaiting receipt |
|
Barnes, Leanne |
General Manager |
Lodged |
|
Dodds, Terry |
Director |
Lodged |
|
Basford, Anthony |
Director |
Lodged |
|
Woodley, Andrew |
Director |
Lodged |
|
Stubbs, Graham |
Director |
Lodged |
|
Churchward, Nina |
Executive Manager |
Lodged |
|
Sartori, Wayne |
Previous Director |
Lodged |
|
Scarpin, Lucas |
Previous Director |
Currently overseas |
Disclosures by Councillors and Designated Persons Return
The Local Government Act 1993 (the Act) requires Councillors, the General Manager, Directors/Executive Manager and people nominated by the Council as “Designated Persons” to complete Pecuniary Interest Returns.
The Act provides for investigation of complaints concerning non-disclosure, incomplete sections and penalties for breaches.
The special disclosure of pecuniary interest must be in the form prescribed by the Regulations and laid on the table at a meeting of the Council as soon as practicable after the disclosure is made.
Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge.
The register containing completed returns is tabled at each Council meeting.
Councillors
Councillors are required to lodge Disclosures by Councillors and Designated Persons Return under Section 449 of the Act and Related Party Disclosures under the Australian Accounting Standard AASB124. Councillors are asked to note the form of the Pecuniary Interest Returns is covered by Regulation. Each section of the Return must be answered. Officers from the Office of Local Government may make inspections from time to time.
Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP). The following Councillors, elected in 2016, have lodged both returns for the period 1 July 2016 to 30 June 2017:
· Cr Tony Allen
· Cr Robyn Bain
· Cr Jo Dodds
· Cr Russell Fitzpatrick
· Cr Cathy Griff
· Cr Kristy McBain
· Cr Mitchell Nadin
· Cr Liz Seckold
· Cr Sharon Tapscott
Independent Audit Committee
Members of the community appointed to Council’s Independent Audit Committee, are required to lodge a Disclosures by Councillors and Designated Persons Return under Section 449 of the Act and the recommendation provides accordingly. Current members of the Independent Audit Committee have lodged forms.
· Mr Geoff Steel
· Mr Terry Bunn
· Mr Roger FitzGerald
Committee Members
Although the Council has traditionally not “designated” members of its various Community Committees and it is not envisaged that it will, the obligations under the Act still applies to them. That is to say, Committee members are required to observe the Pecuniary Interest Provisions of the Act and declare an interest and not vote on matters in which they have a pecuniary interest. They must also leave the room in which the meeting is being held, after declaring an interest. All Council Committees are aware of this provision of the legislation.
All Council and Committee meetings are required to follow the Code of Meeting Practice.
Designated staff members
The following list represents officers of the Council who have (or their positions have) been “designated” by the Council as officers required to submit a Pecuniary Interest Return for the period 1 July 2015 to 30 June 2016.
These staff or those staff filling these positions will be required to submit returns for the 1 July 2016 to 30 June 2017 reporting period.
Forms for the period 1 July 2016 to 30 June 2017 were due to be lodged by 30 September 2017. All forms have been lodged with exceptions noted in the comments column below:
|
Name |
Titles |
Comments |
|
Allison, Tiffany |
Ranger Fixed Term |
Lodged |
|
Barnes, Leanne |
General Manager |
Lodged |
|
Basford, Anthony |
Director Community, Relations & Leisure |
Lodged |
|
Berenguer, Katrina |
CRL Administration Coordinator |
Lodged |
|
Best, Chris |
Water & Sewer Assets Coordinator |
Lodged |
|
Bishwakarma, Pradeep |
Management Accounting Coordinator |
Lodged |
|
Bogie, Rebecca |
Integrated Planning and Reporting Coordinator |
Lodged |
|
Bosnjak, Timothy |
Ranger |
Lodged |
|
Bowman, Anna |
Town Planner |
Lodged |
|
Bradfield, Amanda |
Nominated Supervisor Bandara Children's Services and Sapphire Mobile Preschool |
Lodged |
|
Bray, Lyn |
Children’s Services Coordinator |
Lodged |
|
Brenner, Kristina |
Manager Children, Families & Ageing |
Lodged |
|
Browne Toby |
Waste Services Manager |
Lodged |
|
Churchward, Nina |
Executive Manager, Organisational Governance and Development |
Lodged |
|
Colebrook (Lowe), Lisa |
Financial Accounting Coordinator |
Lodged |
|
Coleman, Annette |
Nominated Supervisor Eden Child Care Centre and Eden Preschool |
Lodged |
|
Collins, Jim |
Water & Sewerage Services Manager |
Lodged |
|
Collins, Matthew |
Supply Services Coordinator |
Lodged |
|
Constance, Deon |
Fleet Facilities Coordinator |
Lodged |
|
Corby, Tamara |
Cadet Planner |
On maternity leave |
|
Cox, Maddalyn |
|
Left organisation |
|
Crane, Kyran |
Coastal Management Officer |
Lodged |
|
Cross, Robert |
Ranger |
Lodged |
|
Curtis, Janelle |
Executive Assistant |
Lodged |
|
Dangers, James |
Risk/Internal Audit Coordinator |
Lodged |
|
Deller, Jason |
Strategy and Assets Manager |
Lodged |
|
Dixon-Keay, Jamie |
Vegetation Management Officer |
Lodged |
|
Djikic, Daniel |
Projects and Development Manager |
Lodged |
|
Dodds, Terry |
Director Transport and Utilities |
Lodged |
|
Edge, Darren |
Environmental Health & Building Surveyor |
Lodged |
|
Fiedler, Michael |
Environmental Management Officer |
Lodged |
|
Fowler, Mark |
Strategic Planner |
Lodged |
|
Franic, Michael |
Ranger |
Lodged |
|
Garner, Lisa |
Revenue Coordinator |
Lodged |
|
Grady, John |
Manager Recreation & Leisure |
Lodged |
|
Griffin, Christine |
Team Leader - PEG Administration & Support Services |
Lodged |
|
Hancock, Cecily |
Planning Coordinator |
Lodged |
|
Heffernan, Jason |
Works Engineer |
Lodged |
|
Hicks, Rodney |
Building Services, Technical Officer |
Lodged |
|
Hoynes, Nicholas |
Aquatic and Leisure Facilities Coordinator |
Lodged |
|
Irvin, Mark |
Governance Coordinator |
Lodged |
|
Jay Lynette |
records Coordinator |
Lodged |
|
Johnston, Aaron |
Supply Services Coordinator |
Lodged |
|
Jones, Rebecca |
Executive Assistant - Strategy and Business Services |
Lodged |
|
Lennon,Tom |
Technology Services Coordinator |
Lodged |
|
Leydon, Anne |
Brighter Futures and Ageing and Disability Services Coordinator |
Lodged |
|
Macfarlane, Ian |
Works Manager |
Lodged |
|
Madigan, Danny |
Environmental Services Manager |
Lodged |
|
Marshall, Rickee |
Property Officer |
Lodged |
|
McDowall, Kelly |
Executive Assistant |
Lodged |
|
McGregor, Carley |
Cadet Town Planner |
Lodged |
|
McKenna, Amanda |
Environmental Health Cadet |
Lodged |
|
Morrison, Andrew |
Natural Assets Officer |
Lodged |
|
Murphy, Daniel |
Environmental Management Officer |
Lodged |
|
Nepal, Pankaj |
Finance Manager |
Left the organisation |
|
Newton, Peter |
Design, Development & Traffic Co-ordinator |
Lodged |
|
Nicholls, Will |
Senior Development Engineer |
Lodged |
|
O’Donnell, Greg |
Design, Development & Traffic Co-ordinator |
Lodged |
|
O'Leary, Shane |
Economic Development Manager |
Lodged |
|
Osborn, Brett |
Environmental Health And Building Surveyor |
Lodged |
|
Pearson, Chris |
Ranger |
Lodged |
|
Powell, Bruce |
Water & Sewerage Operations Engineer |
Lodged |
|
Preo, Michelle |
Property Services Coordinator |
Lodged |
|
Pyke, Jonathon |
Senior Environmental Health Officer |
Lodged |
|
Quick, Robert |
Development Control Planner |
Lodged |
|
Roberts, Richard |
Vegetation Management Officer |
Lodged |
|
Rodgers, David |
Development Engineer |
Lodged |
|
Scarpin, Lucas |
Director Strategy & Business Services Group CFO |
Lodged |
|
Schweitzer, Simon |
Manager Community, Culture & Information |
Lodged |
|
Slade, Colin |
Environmental Health Officer |
Lodged |
|
Slapp, Rob |
Senior Town Planner |
Lodged |
|
Smith, Sara |
Ranger Casual |
Lodged |
|
Stewart, Andrew |
Civil Assets Engineer |
Lodged |
|
Stubbs, Graham |
Director Strategy & Business Services Group CFO |
Lodged |
|
Tarpey, Mel |
Insurance Officer |
Lodged |
|
Thompson, Bronwyn |
Environmental Health Officer |
Lodged |
|
Thompson, Terry |
Vegetation Management Officer |
Lodged |
|
Tipping, Jeff |
Manager Health and Building Services |
On extended sick leave |
|
Tull, Keith |
Manager Planning Services |
Lodged |
|
Van Bracht, Derek |
Strategic Planning Co-ordinator |
Lodged |
|
Ward Lyndall |
Supply Services Administration |
On maternity leave |
|
Watts, Kevin |
Business Services Manager |
Left the Organisation |
|
Weber, Timothy |
Development Control Planner |
Lodged |
|
Williams, Danielle |
Ranger Compliance |
Lodged |
|
Woodley, Andrew |
Director Planning & Environment |
Lodged |
|
Whitby, Ester |
Admin Coordinator SBS |
Lodged |
Attachments
Nil
|
That Council note the report on Lodgement of Disclosures by Councillors and Designated Persons Return and Related Party Disclosure forms for the period ending 30 June 2016 and the positions required to submit returns for the period ending 30 June 2017. |
|
Council |
11 October 2017 |
In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.
14.1 Certificate of Investment.................................................................................. 187
|
Council 11 October 2017 |
Item 14.1 |
14.1. Certificate of Investment
This report details Council’s investments during the month of August 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 $59,900,000. These funds can be broken into the following Funds:
|
Table 1: Investments by Fund $’000 |
|||
|
Fund |
June 2017 |
July 2017 |
August 2017 |
|
General Fund |
$14,128 |
$14,128 |
$16,334 |
|
Water Fund |
$15,737 |
$15,737 |
$14,167 |
|
Sewer Fund |
$27,035 |
$27,035 |
$29,399 |
· 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 |
$13,154 |
$3,180 |
$16,334 |
|
Water Fund |
$3,865 |
$10,302 |
$14,167 |
|
Sewer Fund |
$4,436 |
$24,963 |
$29,399 |
The restrictions reported in Table 2 relate to 31 August 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. Certificate of Investments report
|
1. That Council receive and note the attached report indicating Council’s investment position. 2. That Council note the Certificate of the Responsible Accounting Officer. |
|
Council |
11 October 2017 |
Notices of Motion
11 October 2017
18.1 Evans Park ........................................................................................................ 192
18.2 Pretty Point Bridge............................................................................................ 195
|
Council 11 October 2017 |
Item 18.1 |
Councillors have received correspondence from the Evans Park Kalaru Committee requesting Council support to progress the construction of an amenities block for the park.
A copy of the letter is attached.
I propose that Council look to provide additional funds to assist the group as the area is a growth area, there are no other reactional facilities in this location and this will continue work already done to develop this facility for community use.
Cr Tony Allen
1. Evans Park Committee Letter to Council Sept 2017
Notice of MotionThat Council meet the additional funds required to connect water supply to the Evans Park facilities from the Water and Sewer Funds.
|
|
Item 18.2 |
Council has received numerous representations from the community regarding the possibility of restoring the timber trusses to the Pretty Point Bridge.
To achieve a community supported outcome I would like to confirm that Council staff continue to work with the community to achieve restoration of the trusses noting however that this work be at no cost to the ratepayers of the Bega Valley Shire.
Cr Tony Allen
Nil
|
Council |
11 October 2017 |
Questions On Notice
11 October 2017
19.1 Cr Fitzpatrick - Car Parking Merimbula............................................................ 197
19.2 Cr Nadin - Littleton Gardens............................................................................. 199
19.3 Cr Allen - Median Island Bermagui .................................................................. 200
19.4 Cr Fitzpatrick - Woodlands Lane Bald Hills ...................................................... 201
|
Council 11 October 2017 |
Item 19.1 |
Response to question from Cr Russell Fitzpatrick regarding parking in Merimbula CBD.
General Manager
Cr Russell Fitzpatrick asked a question regarding parking in Merimbula CBD at the Council meeting on 30 August, 2017:
Would the General Manager and Acting Director of Planning and Environment please advise the level of contributions were paid for car parking spaces in the Merimbula CBD since 1971 and outline what if any other methods of contributions have been provided in the same period such as the dedication of land in lieu of the provision of car parking spaces?
Could they also provide information relating to the provisions of the appropriate legislation relating to the methods for Council accepting dedication of land in lieu of car parking?
Would Council staff consider appointing an appropriate audit company to carry out an independent review of Council decisions over the last 40 years to put this matter to bed?
The following response is provided:
The amount of car parking spaces those contributions were paid to create contributions have been paid for a total of 153.3 car parking spaces in Merimbula since 1971. During the same time Council accepted the dedication of land in lieu of the provision of 48 car parking spaces
Examples available where other calculations were used: are the Promenade development which paid $37,500.00; DA No 1981.255 dedicated land and paid $2,800.00 in lieu of providing for 8 spaces; and DA No 1989.1093 dedicated land and paid $8,000.00 in lieu of providing 5 spaces. This represents a total of $46,300.00 received by Council in lieu of 23 spaces.
This calculation does not include the parking offset for the dedication of land at the Waterfront Cafe. There was a period in the 1980s where complexes such as the Beasley Arcade, Centre Point etc after credits paid $1000 per space; the property on Alice Street, Beach Street and Market Street paid no parking contributions and provided carparking onsite which was dedicated as community space (where Poppy’s is); the Promenade dedicated land to Council in lieu of parking contributions; the Picture Showman provided some parking but presented to Council and the remainder were waived; Merimbula Square transferred land to Council for parking at the rear of the development and later redevelopment received credits; the Rockmans building dedicated the adjacent laneway in lieu of car parking. Developments such as the Bowling Club, Woolworths and the RSL Club have provided parking on site.
The total amount spent on the creation of new car parking spaces include Council‘s purchase of a property with 29 spots in 2009; Alice Street purchase in 1983 for $360,000; first part of Palmer Street was negotiated in the 1971 by Imlay Shire as part of a residential subdivision; the developer Mr Palmer retained a one meter strip and we do not believe paid any car parking contributions; additional land for the Palmer Street car park was purchased in 1987 for $410,000 and works were subsequently done at both Alice Street and Palmer Street to create car spaces is also allocated against the reserve.
One prominent land owner suggests that no car parking has been created since the 1960s which is not correct. There is also the work on the dedicated carpark in Cabarita Place
The relevant section of the Environmental Planning and Assessment Act 1979 is Division 6 -Development Contribution. Council Policy 3.15 - Planning Agreements is also relevant.
Council officers have engaged an independent planning consultant to review its treatment of car parking considerations in Merimbula and audit the files and Sect 94 Plan. The results of this review will be provided to Councillors and the Merimbula Chamber of Commerce.
Nil
|
Council 11 October 2017 |
Item 19.2 |
19.2. Cr Nadin - Littleton Gardens
Response to question on notice from Cr Nadin regarding Littleton Gardens.
Director Community, Relations and Leisure
Background
At its Ordinary Meeting on 30 August 2017, Cr Nadin asked could Councillors be provided with the final cost of the works done in Littleton Gardens, if this information is not already publicly available.
The Question was taken on notice for response by the Director Community, Relations and Leisure.
Littleton Gardens Works Costs
The table below outlines the costs of works related to Littleton Gardens. This information has previously been provided to external parties so is already in the public domain.
|
Stages |
Description |
Year |
Total Expenditure |
Funding Source |
||
|
General |
Borrowings |
Developer Contribution |
||||
|
Stage 1A |
Demolition, Civil and Landscape Work |
2013 |
$152,000 |
$152,000 |
|
|
|
Stage 1B |
Civil, Landscape, Electrical and Signage |
2014 |
$1,190,000 |
$1,190,000 |
|
|
|
|
Toilet Construction |
2014 |
$174,000 |
$174,000 |
|
|
|
Stage 2 |
Civil & Landscape, Electrical, Signage |
2016 |
$2,132,000 |
$2,000,000 |
$132,000 |
|
|
Total |
$3,648,000 |
$1,516,000 |
$2,000,000 |
$132,000 |
||
Attachments
Nil
|
Council 11 October 2017 |
Item 19.3 |
19.3. Cr Allen - Median Island Bermagui
Response to question on notice from Cr Allen regarding cost of median island at Bermagui.
Director Transport and Utilities
Background
At the Council Meeting on 20 September 2017, Cr Tony Allen requested that the cost of the median island recently installed in Bermagui be tabled (Item 20.2).
Road Traffic Carving
In response to the Question on Notice from Councillor Allen regarding the actual cost of installation of the Traffic Island at Bermagui:
· 2014/2015 Financial Year - $10,970: This included the purchase of the island and the construction of the edge blisters.
· 2016/2017 Financial Year - $13,251: This includes the installation of the island, layback, signage and kerbs.
Still outstanding is the cost of line marking (not yet completed) and procurement and fixing of the cycle grab rails, which did not fit after minor on site design change. This is expected to be less than $1,000.
Current total is $24,221.
In answer to the second part of the query regarding the cycle grab rails they have not been deleted. Due to the design change, finalised on 26 September 2017, the existing rails will not fit and new ones have been ordered.
No costs have been included for design or the aborted attempt to install, as we have no specific records.
Council successfully applied for the 2015/2016 NSW Roads and Maritime Services (RMS) Active Transport Grant for the shared pathway (T/07348 Construct shared cycleway from Lamont Street to Carnago Street and Tuross Street, Bermagui). The original amount was for $90,000, with 50% funded by RMS ($45,000).
Council put in the following claims (dollar value indicates RMS% only):
· Claim 1: $26,363.00
· Claim 2: $1,000.00
· Total: $27,363.00
This funding was for one financial year and we did not request to carry money over into a second financial year.
Attachments
Nil
|
Council 11 October 2017 |
Item 19.4 |
19.4. Cr Fitzpatrick - Woodlands Lane Bald Hills
Response to Cr Fitzpatrick’s Question on Notice 20 September, 2017
Director Planning and Environment
Background
At the Council Meeting of 20 September 2017 Cr Russell Fitzpatrick asked “given that the NSW Department of Planning & Environment has refused Council’s proposal to rezone land at Woodlands Lane Bald Hills to allow for rural residential subdivision, where does that leave the plans to upgrade the Crown road and bridge, noting that a group of locals have recently paid to have a section of the road bitumen sealed? Can we re-visit those plans? Is there any way of moving forward?”
The question was taken on notice by the Director Planning and Environment.
Response
The NSW Department of Planning & Environment has refused Council’s proposal to rezone land at Woodlands Lane to allow rural residential subdivision. As a consequence the land has been zoned RU2 Rural Landscape with no subdivision potential. This will reduce the projected lot yield by 10 lots and thus the projected development contribution will be reduced by $200,000. The projected contribution yield is now 12 approved dwellings being $240,000. In 2015 the estimated cost of works was $707,000, comprising $407,000 for 1660m of road construction and $300,000 for bridge construction.
In terms of medium to longer term land use planning, the Woodlands Lane catchment will be included as part of the Bega Valley Rural Living Strategy which will investigate future rural residential opportunities across the Shire.
Until such time as the road and bridge works are fully funded and constructed the road will remain the responsibility of the Crown.
Attachments
Nil
