Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on
Wednesday, 22 November 2017 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

Copy:

General Manager, Ms Leanne Barnes

Acting Director, Transport and Utilities, Mr Ian MacFarlane

Acting Director, Planning and Environment, Mr KeithTull

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Graham Stubbs

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Kelly McDowall

 

 

 


Live Streaming of Council Meetings

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

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

Publishing Of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for  presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

·      Is it consistent with Government policy, Council’s objectives and Code of Conduct?

·      What will the outcome be for you, your colleagues, the Council, anyone else?

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

·      Can the decision be justified in terms of public interest?

·      Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

·         Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

·         Is it likely I could be influenced by personal interest in carrying out my public duty?

·         Would a fair and reasonable person believe I could be so influenced?

·         Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

·         Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st       Do I have private interests affected by a matter I am officially involved in?

2nd     Is my official role one of influence or perceived influence over the matter?

3rd      Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting. 

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

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

Item no & subject

 

Pecuniary Interest

 

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

Significant Non-pecuniary conflict of interest

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

Non-pecuniary conflict of interest

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

Nature of interest

Be specific and include information such as :

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

·         The nature of your relationship with the person or organization

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

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

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

Print Name

 

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

Signed

 

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


Council

22 November 2017

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 1 November 2017 as circulated, be taken as read and confirmed.

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Adjournment to Standing Committees

Recommendation

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

9       Staff Reports – Planning and Environment

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

9.1                Construction of Trailer Parking area associated with existing freight transport facility....... 9

9.2                Planning Proposal - Existing Holdings Amend Clause 4.2A BVLEP 2013................................ 27

10     Staff Reports – Community, Culture and Leisure

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

10.1              Aquatic Facilities Strategy............................................................................................................. 32

10.2              Bega Valley Regional Gallery Redevelopment......................................................................... 101

10.3              Access Improvement Grants...................................................................................................... 101

10.4              Festivals and Events Grants 2018.............................................................................................. 101

10.5              Community Hall Committee Nominations................................................................................. 101

10.6              Licence Agreement Renewals................................................................................................... 101

11   Staff Reports –Economic Development and Business Growth

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

Nil Reports

12     Staff Reports – Infrastructure Waste and Water

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

12.1              RFT 78/17 Waste Collection Services Tender......................................................................... 101

13   Staff Reports – Governance and Strategy

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

13.1              2016 - 17 Annual Report............................................................................................................ 101

13.2              Internal Audit Committee Annual Report 2016/17................................................................ 101

14     Staff Reports – Finance

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

14.1              Financial Statements.................................................................................................................... 101

15     Adoption of Reports from Standing Committees

Recommendation

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

 

16     Councillor Reports

16.1              Country Mayor's Association...................................................................................................... 101

 

17     Rescission/alteration Motions

 

18     Notices of Motion

18.1              Wallaga Lake Entrance Management Policy............................................................................ 101

 

19     Questions On Notice

19.1              Cr Fitzpatrick - Further Question regarding Woodlands Lane, Bald Hills............................ 101

19.2              Cr Bain - Advertisement of Waste Changes FOGO................................................................. 101

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 101

21.1              Organisational Structure - senior staff positions

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

 

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

Statement of Re-Commencement of Live Streaming

22     Adoption of reports from Closed Session

23     Resolutions to declassify reports considered in closed session  

 


Council

22 November 2017

 

 

Staff Reports –Planning And Environment

 

22 November 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              Construction of Trailer Parking area associated with existing freight transport facility           9

9.2              Planning Proposal - Existing Holdings Amend Clause 4.2A BVLEP 2013............ 27


Council 22 November 2017

Item 9.1

 

9.1. DA No. 2017.342: Construction of Trailer Parking area associated with existing freight transport facility        

 

Acting Director Planning and Environment  

 

 

Applicant

Will Van Leeuwin

Owner

N J and L Bobbin

Site

Lot 341 DP 1222135 – 243 Mount Darragh Road, South Pambula

Zone

IN1 General Industrial

Site area

12.89 hectares

Proposed development

Earthworks and construction of retaining walls for the purpose of establishing a trailer parking area associated with an established freight transport facility.

Precis

Council is in receipt of a Development Application (DA) for earthworks and the construction of retaining walls to establish a trailer parking area associated with an established freight transport facility located on adjoining land – Bobbins Transport.

In accordance with Council’s adopted Policy 3.01.4 Councillor/Staff – Determination of Development Applications, the DA is referred to Council for determination on the basis that Cr Russell Fitzpatrick is an employee of Bobbins Transport Pty Ltd.

Approval is recommended.

Description of the proposal

The DA provides for earthworks and retaining wall construction to establish a trailer parking area associated with the existing transport depot (Bobbins Transport) on adjoining land to the east being Lot 71 DP 1074392.

The construction works would involve the levelling/reshaping of a section of the site adjacent the Mount Darragh Road frontage to create a purpose built hard stand gravel area of approximately 11,000m2. Gabion or mass concrete block work would be used in the construction of retaining walls. The retaining wall structure would be located well within the boundaries of the site. Vegetation planting areas would be established on the retaining wall terrace areas.

Erosion and sediment control works would also be constructed and maintained on site for the purpose of limiting the migration of sediment and potential contaminants into the natural systems.

Access to the site would be via the existing driveway intersection with Mount Darragh Road.

In support of the proposal, the applicant has advised that additional trailer parking is required due to business growth and site limitations at the existing depot for the parking of trailers when not in use.

Detailed plans of the proposed development and its location on site are shown in Attachment 1.

Description of the site

The land is located on the southern side of Mount Darragh Road immediately to the west of the Bobbins Transport.

It should be noted the land has been subject to two separate approvals for the development being DA 2016.237 (12 lot subdivision) and DA 2017.130 (clearing of land). The subdivision approval has not been activated but is imminent and the proposed trailer parking area would be located within one of the approved lots. The clearing associated with the DA 2017.130 has commenced and is an integral component to the subdivision process.

At the present time, the land is characterised by a cover of mature remnant vegetation and a gully/shallow watercourse which runs primarily north/south and immediately adjoins the common boundary with Bobbins Transport.

The gully and watercourse has a high conservation value and has been confirmed as an Endangered Ecological Community. The biodiversity worth of the gully/watercourse has been acknowledged and preserved by conditions included in the abovementioned development approvals.

See attached Locality Plan (Attachment 2)

Planning assessment

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

A copy of the Assessing Officer's Section 79C Assessment will be available at the meeting.

Zoning

The subject land is located within an IN1 – General Industrial Zone under the provisions of the Bega Valley Local Environmental Plan 2013 with the proposed development being permissible with Council consent.

Issues

The assessment of the DA has identified several key issues which are discussed below.

Site Landscaping

Landscaping would be integrated into the design of the retaining wall structures. The structures would be well removed from the Mount Darragh Road frontage and the proposed internal road frontage endorsed under Development Consent 2016.237. Accordingly, the proposed landscaping would provide no relief to the visual impacts associated with the parking of trailers when viewed from the existing and future public domain.

It is considered that whilst the proposed landscaping would reduce the impact of the retaining walls, the proposed trailer parking area would not be screened. Landscaping across the Mount Darragh Road frontage and internal to the site (proposed road frontage) should be established for the purpose of screening the proposed parking area. A condition has been included in the Draft Consent attached to this report requiring the additional landscaping.

Parking Area Construction

The proposed parking and driveway areas would be constructed to a compacted gravel standard which would drain across the site (on grade) to a diversion channel which would ultimately discharge through a small rock check dam to the existing gully and watercourse. As highlighted in this report, the gully and drainage channel has a high conservation value and has been confirmed as an Endangered Ecological Community.

Given the size of the area involved (approx. 11,000m2), the potential operational characteristics associated with the use of the land and the conservation values of the gully and watercourse, it is considered the parking and driveway area should be suitably sealed to limit the migration of sediment loads into the natural system. A condition has been included in Draft Consent attached to this report to this effect.

Soil and Water Management Controls

Soil and water management controls would be constructed internal to the site for the purpose of controlling and regulating stormwater flows and the migration of sediment loads through the property into the natural system.

On assessment, it is considered the proposed controls are more typical of temporary works designed to cater for site disturbance during the construction stage of the development.

Given the presence of the gully and watercourse, it is considered the controls should cater for both the construction phase of the development and the long term potential operational impacts. A condition has been included in Draft Consent attached to this report.

See attached Draft Consent (Attachment 3)

Legal/Policy

Policy – Procedure 3.01.4 Councillor/Staff – Determination of Development Applications

The Policy applies to any DA lodged where a Councillor or senior member of Council's staff is connected to the DA, for example as an applicant, owner, employee or relative. The Policy in those circumstances requires the referral of the DA to the Council for consideration and determination.

In accordance with the adopted Policy, the DA is referred to Council for determination on the basis that Cr Russell Fitzpatrick is an employee of Bobbins Transport Pty Ltd.

Submissions

The DA was placed on exhibition for a period of 14 days from 13 September 2017 until 27 September 2017. No submissions were received in relation to the development.

Conclusion

The DA provides for earthworks and the construction of retaining walls to establish a trailer parking area associated with an established freight transport facility located on adjoining land – Bobbins Transport.

In accordance with Council’s adopted Policy 3.01.4 Councillor/Staff – Determination of Development Applications, the DA is referred to Council for determination on the basis that Cr Russell Fitzpatrick is an employee of Bobbins Transport Pty Ltd.

The application is recommended for approval subject to the conditions in the Draft Consent.

 

Attachments

1.          Plans

2.          Locality plan

3.          Draft Consent

 

Recommendation

That the Development Application (DA No. 2017.342) for earthworks and retaining wall structures for the purpose of facilitating the use of the land as a transport depot (parking of trailers) be approved in accordance with the conditions detailed in the Draft Consent attached to this report.

 


Council

22 November 2017

Item 9.1 - Attachment 1

Plans

 


 


 


Council

22 November 2017

Item 9.1 - Attachment 2

Locality plan

 


Council

22 November 2017

Item 9.1 - Attachment 3

Draft Consent

 


 


 


 


 


 


 


 


 


 


Council 22 November 2017

Item 9.2

 

9.2Planning Proposal - Existing Holdings Amend Clause 4.2A BVLEP 2013      

 

This planning proposal seeks to introduce an Existing Holdings Map and amend Clause 4.2A of Bega Valley Local Environmental Plan 2013 to preserve a dwelling entitlement on land identified as a vacant existing holding.

 

Acting Director Planning and Environment  

 

Background

Currently under clause 4.2A of Bega Valley Local Environmental Plan 2013 (BVLEP 2013) a dwelling-house is permitted on land identified as an existing holding subject to obtaining development consent. An existing holding is defined as all adjoining land held in one ownership at 7 January 1966.

However clause 4.2A (4) of BVLEP 2013 states that land ceases to be an existing holding if development consent for a dwelling-house is not issued within 5 years of the date of gazettal of the Plan. BVLEP 2013 was gazetted on 2 August 2013 and therefore the clause will take effect on 2 August 2018. Essentially after this date dwelling-house entitlements that had not received consent would be lost.

As part of the preparation of the draft Rural Living Strategy staff have identified the remaining vacant existing holdings within the Shire. It should be noted that Council received funding from the Department of Planning as part of the Plan First fund to assist with this research.

Initial discussions have been undertaken with the Department of Planning regarding the preservation of existing holding entitlements and it is proposed to include an existing holdings map as part of BVLEP 2013 in conjunction with a new clause that would provide for the erection of a dwelling-house on land mapped as an existing-holding.

It should be noted that existing holdings with existing dwelling-houses would have the benefit of existing use rights under the provisions of the Environmental Planning and Assessment Act 1979.

Clause 4.2A Erection of dwelling houses on land in certain rural, residential and environmental protection zones

Clause 4.2A of BVLEP 2013 allows the development of a dwelling house on rural, residential or environmentally protected land subject to the following:

(3)       Development Consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land:

(a)       is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

(b)       is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house was permissible immediately before that commencement, or

(c)       is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or

(d)       is an existing holding, or

(e)       would have been a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by:

(i)        a minor realignment of its boundaries that did not create an additional lot, or

(ii)       a subdivision creating or widening a public road or public reserve or for another public purpose.

(4)       Land ceases to be an existing holding for the purposes of subclause (3) (d) if an application for development consent referred to in that subclause is not made in relation to that land before 5 years after the commencement of Bega Valley Local Environmental Plan 2013.

(5)       Development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(6)       In this clause:

existing holding means land that:

(a)       was a holding on 7 January 1966, and

(b)       is a holding at the time the application for development consent referred to in subclause (3) is lodged,

whether or not there has been a change in the ownership of the holding since 7 January 1966.

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

Proposed amendments to Clause 4.2A

It is proposed to emend the clause to introduce an existing holdings map, delete subclause (4) and the 5 year limitation and introduce a new subclause that permits a dwelling-house on land mapped as an existing-holding subject to development consent.

The following amendments to the clause are recommended;

Amend Clause 4.2A (3)(d) to read:

(3)       Development consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land:

(d)       is an existing holding shown on the Existing Holdings Map in relation to that land, or

Delete Clause 4.2A(4)

Renumber Clauses 4.2A(5) and (6) as follows:

(4)       Development consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(5)       In this clause:

existing holding means land that:

(a)       was a holding on 7 January 1966, and

(b)       is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since 7 January 1966.

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

Conclusion

This planning proposal recommends amendments to Clause 4.2A and the introduction of an existing holdings map to preserve the dwelling-house entitlements on vacant existing holding subject to development consent. It is considered the planning proposal is the most appropriate means of achieving the intended objective and provide certainty for affected landholders.

 

Attachments

Nil

 

Recommendation

1.         That Council resolve to amend Clause 4.2A as detailed in this report.

2.         That Council resolve to introduce an Existing Holdings Map.

3.         That Council resolve to forward the Planning Proposal to the Department of Planning for Gateway Determination.

  

 


 

Staff Reports – Community, Culture and Leisure

 

22 November 2017

In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.  

10.1            Aquatic Facilities Strategy................................................................................... 32

10.2            Bega Valley Regional Gallery Redevelopment................................................. 101

10.3            Access Improvement Grants............................................................................. 101

10.4            Festivals and Events Grants 2018...................................................................... 101

10.5            Community Hall Committee Nominations........................................................ 101

10.6            Licence Agreement Renewals........................................................................... 101


Council 22 November 2017

Item 10.1

 

10.1. Aquatic Facilities Strategy     

 

This report presents background on the historical provision of Council owned swimming pools in the Shire and overview of proposed strategies for future planning and asset investment. 

 

Director Community, Relations and Leisure  

 

Background

Aquatic facilities are a key asset class within Council's Leisure and Recreation asset portfolio. All recreation assets are valued and enjoyed by the residents of the Bega Valley Shire and also the many tourists who visit.  

From marine facilities (boat ramps and jetties) to sporting grounds to aquatic facilities to parklands, playgrounds and natural areas, Council manages a diverse portfolio of assets that provide opportunities for the community to enjoy a healthy and socially active lifestyle.

Fundamentally the purpose of all recreation assets is ‘To have fit for purpose facilities that maximise opportunities for residents and visitors to participate, enjoy and enable them to maximise the health, social, environmental and economic benefits that become available through those opportunities’. (Community outcome BVSC RAMP 2017)

Fit for purpose is an important term. It means: "a facility well equipped or well suited for its designated role or purpose; or: something that is good enough to do the job it was designed to do" (Oxford and Macmillan Dictionaries).

Aquatic facilities within the Bega Valley Shire range from small local facilities servicing single towns to regional facilities servicing multiple communities and reaching into surrounding local government areas.

Pools relationship with other recreation assets

Within the Leisure and Recreation Asset Management Plan a key focus is ‘Development of an Aquatic Facilities Strategy to guide provision, levels of service and forecast renewals of high capital cost assets within the Aquatic facilities asset category’.

Aquatic facilities are particularly important in the scope of the broader Leisure and Recreation asset portfolio. The relationship between asset value and resourcing is summarised in the table below. Key points to note are:

·    Total aquatic assets (pools) account for 24% ($19.3m) of the total Leisure and Recreation Asset portfolio.

·    Outdoor (seasonal) pools represent 15% of total Leisure and Recreation asset value. ($12m)

·    Residents and visitors have no access to outdoor pools for half the year.

·    Outdoor pools represent four times the total value of Play and Skate assets or three times the total value of public amenities.

·    Pools account for 32% ($1.1m) of the 2017/18 Leisure and Recreation operating budget and Pools account for 23% of 10yr forecast capital renewals.

·    The cost per visit measure for each pool at present is shown in Table 2 and range from $7.17 (Bega) to $26.48 (Bemboka).

 

 

 

Table 1: Recreation Assets Asset value and expenditure relationships

 

Asset Leisure & Recreation Asset Categories

ASSET NUMBER

CRC $m

% CRC

WDV $m

% WDV

% of Total Operating

% of Total Renewals 10yr

Sporting Facilities 

20

$24.4

30

$11.3

28

12

34

Play & Skate

52

$2.9

4

$1.3

3

2

8

Parkland Assets

83

$15.6

19

$8.7

22

30

17

Natural Reserves

30

$5.4

7

$3.1

8

2

10

Aquatic Facilities  

7

$19.3

($12.4)

24

$9.2

23

32

23

Boating & Marine

11

$8.4

10

$5.1

13

1

2

Public Toilets

66

$4.6

6

$1.4

3

21

7

There is no question public swimming pools are an important asset for the community; however the level of importance needs to be considered in conjunction with other assets that are looking to achieve the same objective.  This raises some questions:

·    How well is the pools asset category contributing to the purpose of providing recreation assets more broadly?

·    Does the level of investment in public swimming pools reflect their importance and use when compared to other Leisure and Recreation assets?

·    Is the community getting a good level of use and value from its current investment in public swimming pools?

The Leisure and Recreation Asset Management Plan 2017 (RAMP) acknowledges the importance of pools within the broader asset category and includes the development of an Aquatic Facilities Strategy as a key focus.

Aquatic Facilities Review

In 2016, Otium Planning Group was commissioned by Bega Valley Shire Council to conduct an Aquatic Facilities Review. The purpose of this Review was to provide information to the Council for consideration in the development of an Aquatic Facilities Strategy.  Otium Planning Group is a professional organisation and a specialist in the area of the planning and provision of Leisure and Recreation Facilities. Their work included background research, demographic analysis, industry index comparisons, community surveys (on site and online) stakeholder group meetings, Councillor workshops, preparation of a  summary of consultation outcomes, an overview of management options and draft recommendations. The information and data in the completed review document is of value as a reference document and is attached to this report for information.

Pools development timeline

The Shire’s large geographic area, relatively low population and development over many years through villages towns and three separate municipalities, has led to the current broad provision of recreation assets. The pools in the Shire have existed or been developed over the past 55 years and are no exception.

Aquatic assets include many ‘components’. The primary components, being buildings and the concrete pool shell, are long life and high value.  At the time those assets were built, circumstances in the Shire/s were different and no doubt there was reasoning and logic behind the decision making at that time.

The table below shows a timeline of public swimming pool development in the Shire. The ‘Prime Minister of the Day’ is a point in time reference and reminder of what was going on at the time the pool was built and what has changed since. Another reference could be related to broad technology changes (better vehicles and roads improving the ability to travel) which has led to social change (travel for work, school, sport, events, social gatherings etc)

Pool Site

Year Built

Shire

Shire Population (ABS)

Prime Minister of the Day

Forecast Major Renewal Year

Bega

1961

Bega

4159 (1971)

Robert Menzies

2015

Cobargo

1969

Mumbulla

3498 (1971)

John Gordon

2019

Eden

1980

Imlay

7114 (1971)

Malcom Fraser

2030

Bemboka

1981

Mumbulla

20293 (1981)

Malcom Fraser

2031

Pambula

1995

Bega Valley

27483 (1991)

Paul Keating

(upgraded 2010)

Candelo

1998

Bega Valley

28767 (1996)

John Howard

2048

SAC (Pambula)

2010

Bega Valley

33128 (2011)

Kevin Rudd

2060

 

Many of these facilities have had further improvements since being constructed. For example:

•     Bega Swimming Pool: Solar heating, pool and electric heat pumps covers were all funded through fundraising efforts by the swimming club and other local community groups i.e  RSL, rotary etc.

•     Cobargo Swimming Pool: Pool covers purchased from another swimming pool by swimming club, heat pump funded through Sport and Recreation funding.

•     Eden Swimming pool: Pool covers originally purchased through fundraising, solar heating and shade/wind barrier through government grants and fundraising.

•     Pambula Swimming pool: Solar heating and pool covers

•     Candelo Swimming Pool: Shade structure and solar heating through fundraising.

So what has changed?

Over the past fifty plus years there have been significant social, demographic, regulatory and compliance changes. These changes apply very much in the Bega Valley Shire and have an influence on the delivery of aquatic facilities that meet community needs and deliver value to the broader community. Examples include:

·    Provision: The timeline above presents the differences in provision. As an example when Eden pool was opened in 1980 it was the third pool across three Shire areas.  When Sapphire Aquatic Centre (SAC) was opened in Pambula in 2010 there were 6 pools across the same local government area. The higher service levels at SAC lead to a drop in patronage at Eden Pool and Candelo Pool. 

·    Social changes: It is now common for both parents to be working, single parent families are common, gender differences in participation have narrowed, how people use their spare time has changed.

·    Community changes: Interests have changed. New sports and opportunities has evolved, living standards and expectations have increased.

·    Technology changes: Transport is quicker and easier, information is more easily available and communication is much quicker.

·    Population and demographics: There have been modest population increases, the population has aged and population centres have moved. For example there was nil to very little development at Tura Beach when four of the six current pools were built.

·    Regulations and risk management: Compliance requirements have increased in relation to water quality monitoring, lifeguard training and qualifications and water supervision; all which have an effect on operating costs.

Aquatics Objectives

With the background above in mind, what are the aims and objectives of aquatic facilities for Council and what should aquatic facilities provide for the community?

Council has several adopted objectives and outcomes statements related to the provision and management of Leisure and Recreation Facilities more broadly. These are included in the Community Strategic Plan and the Recreation Asset Management Plan 2017 (RAMP).  They are included in this report below.

As a key asset category within the RAMP it is important for aquatics provision to link to and be consistent with these statements. With this in mind the goal of provision of aquatic assets is:

To have fit for purpose Aquatic Assets that maximise opportunities for the community and visitors to participate and enjoy the facilities that meet legislative and compliance requirements and have facilities that are operating well, being well used and delivering good value to the broader community. 

The aim of an Aquatics Strategy is:

To assess the current and future needs of the community and guide the development of aquatic facilities in the Shire by providing a framework for asset renewal, development and facility management.  Importantly the planning process will also identify opportunities that see sites as well used as possible.

There are four key objectives that will contribute to meeting these aims. They are:

·    Use and promotion – To have pool facilities that are well used, promoted and enjoyed by many throughout the season.

·    Value and balance – To have swimming pools that optimise value for money value for both the users and the broader community through balancing capital investment needs, operating costs, user fees and opportunity costs across all of Council’s leisure and recreation assets and services.

·    Compliance and risk – To have swimming pools that are compliant with applicable legislation and implement industry guidelines to ensure facilities are safe and enjoyable for all users.

·    Planning: asset and strategic – Facilities are well planned and provide for a range of uses to meet needs delivered and developed in accordance with adopted corporate planning directions and asset management principles.

Bega Valley Shire Council Aquatic Assets - Current Situation Overview

Currently, there are 5 seasonal aquatic facilities and 1 full year facility in the Bega Valley Shire. Initially, 4 of these facilities (Bega, Cobargo, Eden and Bemboka) were constructed when three separate municipalities existed (Bega, Imlay and Mumbulla Shires). After the amalgamation of these councils, two additional seasonal facilities were constructed at Pambula and Candelo. In 2010, after much community fundraising work and taking advantage of Federal Government economic stimulus funding, Pambula pool was upgraded to become the indoor heated year round Sapphire Aquatic Centre. (SAC)

Many of these facilities were designed and constructed based on the needs of the community and the resources available at the time they were built. Over the last 50 years, many of the needs and wants of the community have changed.

Capital investment - Asset useful life and renewal

There is an expected usage life that is utilised in forecasting how long an asset can operate for, and in-turn plan for the costs associated with renewing the asset.  This is directed by major and critical long life asset components such as the pool shell, key buildings and key pipework and plumbing. This is typically defined as a 50 year ‘useful life’ on an aquatic facility. There is also a number of shorter life and minor asset renewals along the way (i.e. pool shell linings, pumps, chemical treatment plant). Broadly speaking the bulk of high value capital costs will occur regardless of the length of time a pool is opened for each year. The rate at which a facility will age or deteriorate will not vary greatly whether a pool is open or not. 

In noting the typical 50 year useful life, current deterioration of some items, the age of the facilities, current gaps in meeting compliance and expectations, there is a need for Council to plan for replacement and future provision of aquatic facilities.  What is built now should last and serve the community until 2070. Determining the level of aquatic facility provision and what those facilities provide should be based on current expectations and future requirements.

If investment is simply based on renewing existing assets, this will mean future provision of high cost and high value assets will be based on community requirements when Robert Menzies was prime minister in the 1960’s. 

Operations and maintenance

Public pools are high cost facilities to operate. The main cost areas include: energy and utilities; chemicals; cleaning and general operations; building and plant maintenance; bookings; accounts and administration; and lifeguard supervision. Whilst there is income through user and program fees inevitably the facilities operate at a deficit, as many Council managed services and facilities do.  The expectation should not be for facilities to be ‘cost neutral’ but rather that the level of operating subsidy is reasonable, fair and equitable. Operational costs change related to the times a pool is opened.  There can be scope to review operating hours to be around the most popular times of day, week and year in an effort to see the facilities operate at an acceptable value and subsidy level.  

Industry Information and Overview

The challenges facing Bega Valley Shire Council (BVSC) are not uncommon. Many local councils across the country are in the same situation. Many assets across the country are of a similar age and the significant social, demographic, regulatory and compliance changes also apply very broadly. A good overview of issues is included in the document ‘Guidelines for Outdoor Seasonal Pools March 2016’ published by Aquatics and Recreation Victoria and The Victorian Government. This is a particularly good point of reference for BVSC as the weather and seasonal temperature variations in the Bega Valley are similar to Victoria. Included in the report is a Case Study on Campaspe Shire which is particularly comparable.

The information in this report to Council is specific to BVSC; however there are very strong links to key industry themes addressed in the ‘Guidelines for Outdoor Seasonal Pools March 2016’.

Issues

Legal /Policy – Regulations and Compliance

As part of work health and safety requirements and overarching public liability and duty of care, there are specific regulations that come into effect when operating public pools.  These include: supervision levels and employee training; chemical use and storage; and water quality monitoring and testing. These regulations are in place to manage risk by legal means.

Table 3.3:  Legislative Requirements

Legislation / Standard

Requirement

Local Government Act 1993

Sets out role, purpose, responsibilities and powers of local governments including the preparation of a long term financial plan supported by asset management plans for sustainable service delivery.

Work Health & Safety Act 2011

Sets out requirements for safe work practices.

Public Health Act 2010

Requirements for the control of public health risks associated with public swimming pools.

Food Act 2003

Requirements for businesses that sell food – relevant to Sapphire Aquatic Centre

Child Protection (Working with Children) Act 2012

Requirement for adults engaged in child related work to have a current working with children check clearance.

 

Table 3.4Relevant codes and standards

Standard / Code

Requirement

Building Code of Australia (BCA)

Enable the achievement of nationally consistent, minimum necessary standards of relevant safety, health, amenity and sustainability objectives efficiently.

AS/NZS 1428-Pts 1-5 (2011) Design for Access and Mobility

To ensure infrastructure provides access for all.

NSW Department of Local Government (NSW DLG) Practice Note 15 – Water Safety

Establishes minimum qualifications for employees working in Aquatic Facilities in NSW.  It also provides guidance for the management of risk in aquatic environments.

Strategic

Community Strategic Plan 2040 - Outcomes, Goals and Strategies

Outcomes

Goals

Strategies

Active and Healthy Communities

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

Improve the accessibility of the built environment, recreation spaces and facilities

Collaborate with partners to provide facilities, activities and services that encourage more people to have active and healthy lifestyles.

Liveable Places

Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that meet local needs

Improve the presentation, maintenance and physical accessibility of existing facilities and towns

Provide infrastructure and services to meet the ranging needs of residents in our towns, villages and rural areas

Strong, Consultative Leadership

Our Council is financially sustainable and services and facilities meet community need

Optimise value for money and deliver responsible and ethical spending and efficient service delivery across all of Council’s services

 

Asset Management and Operational Requirements

Pools are a significant asset for BVSC. The older pools will require renewal/replacement in the foreseeable future as they come to the end of their useful life. Bega in particular will require decisions to be made regarding the need for significant investment within the next few years.

At present there is no strategic direction or formalised Council adopted long term plan in regard to provision and operation of public pools in the Shire. Council has identified the need for development of a formal Shire wide approach to provision and management of pools owned by Council. This will provide strategic direction and inform on issues such as pool operations and management as well as future investment priorities.

Asset category

No. of assets

Hierarchy

Example

Aquatic facilities

13 over 7 sites

(Includes Littleton Gardens fountain)

Regional

Sapphire Aquatic Centre, Pambula.

District

Bega Pool.

Local

Cobargo Pool.

Weather / Environmental / Water Temperature

Water quality and water temperature are obviously a fundamental aspect of provision of aquatic facilities. This is also an area where there has been significant change in both expectations and regulations since the current facilities were built. Regulations have resulted in additional operational costs to meet compliance. This includes testing, reporting, training and supervision. Water temperature expectations have resulted in increased heating cost and reduced patronage at Eden and Candelo pools in favour of the electrically heated pool at Pambula.

Meeting water temperature expectations is a challenge at Eden and Candelo particularly early and late in the season.  The volume of water in the 50m pools make electrical heating expensive to install ($150k) and operate ($35k pa) for each pool. The low surrounding population base, low levels of use and proximity of a heated pool at Pambula makes installation of pool heating at these sites very difficult to justify as good value. As the pools are not heated the levels of use in the early and late season are low, making the cost per use comparisons for these pools high for the operating season and very high for the months of October and March. 

Community Engagement and/or Communication

A key part of the Otium Aquatic Facilities Review was community engagement and consultation to seek resident and stakeholder views about aquatic facility needs in Bega Valley Shire. This included:

·    Community awareness raising via press releases

·    Interviews with seasonal pool contract managers

·    Briefing with Councillors

·    Meetings with pool user groups and other stakeholders

·    Survey of residents available on-line and in hard copy format

·    At-pool survey of all pools

·    Survey of schools

A total of 372 surveys received from the providing over 470 responses for analysis.   A summary of the feedback and outcomes of that consultation are included in the attached Otium report.

While the survey was available to the broader community all responses (with only a few exceptions) were from people with a direct involvement or interest in pools. An important point of interest which has not been consulted to date is the understanding of the relationship between provision of pools and other recreation assets. With pools being such a high cost asset the level of provision inevitably has an impact on other assets.

Financial and resource considerations

Council’s current annual operational requirement for aquatic activities is $1.04m. Council’s current 10 year aquatic capital asset renewal requirement is $5.5m.  Council’s current 50 year aquatic capital asset renewal requirement is $20.4m.

Council has limited resources and capability to provide all Leisure and Recreation assets. What is spent in one asset category is not available to spend in another. This becomes even more important when thinking of capital investment in seasonal pools which are not available for use for half the year.

Consideration of ‘opportunity cost’, value and ‘bang for buck’ in provision of pools and recreation assets more broadly maybe challenging. No doubt there are differing points of view; however noting the cost, value and importance of pools to the community it is important to apply this level of consideration.

An example is consideration if whether spending $100k on having seasonal pools opened during low use, cooler months of the ‘summer’ season is delivering good value? Are there other options for better use for that $100k, such as increasing beach lifeguard services which has direct links to tourism and associated economic benefits to the Shire?

Table 2: Cost income visit comparison – Historic (current) strategy

An overview of the resourcing requirements for the different strategy options is included in the table provided below.

Risk

There are risks associated with providing the current aquatic assets portfolio. They are not dissimilar to provision of leisure and recreation assets more broadly, noting the levels of consequences are increased due to pools being water based, regulated and high operational and capital cost assets. Council has identified major risks such as:

•     Assets not being utilised to their full potential and capacity (not getting full value).

•     Potential for an incident leading to injury to people while using Council owned and managed facilities, particularly if assets do not comply with current regulations.

•     Not being proactive in facility planning service delivery which can lead to reactive, inconsistent and inefficient management of assets.

•     Real or perceived inequity in provision of facilities.

•     Commitments to spend to retain existing service levels beyond capability (relates to capital works and operations / maintenance)

•     Missed opportunities to ‘add value’ to ensure we have facilities that meet a range of uses and needs.

•     Increased exposure to public liability claims. 

•     Not basing future provision on methodology to meet needs and future demands.

Each of the above risks will benefit from specific actions; however the starting point is developing a sound aquatics strategy that will direct current and future provision of aquatic facilities across the Shire to deliver fit for purpose facilities and services within the available resources.

Options

In developing a strategy it is necessary to look at options and assess how well they will meet the key objectives in delivery of aquatic facilities to the community. An overview of five options is provided below with a comparative assessment included in the summary table.

Historic Asset Model

This model maintains the current asset portfolio. It sees the existing assets and service levels retained. This model will:

•     Do the minimum to achieve compliance with current regulations at the time of asset renewal.

•     Not apply a cost benefit analysis to investment.

•     Not account for changing needs and interests related to social and demographic changes.

•     Not account for changes and movement in population centres.

•     Not account for changing expectations related to the type or quality of facilities.

•     Not account for balance in provision and investment between pools and other recreation assets.

•     Not make improvements to BVSC capital asset value and renewal ratios. (Financial viability)

This model favours current pool users, particularly lap swimmers and users of village pools.

The map attached shows the current assets with a 20km radius around seasonal pools and a 30km radius around the year round pool. (SAC)

Redundancy Model

This model is based on redundancy of underutilised assets with a high cost per use subsidy when key high cost assets become due for renewal. (i.e. pool shell, key buildings). This model will:

•     Work to achieve compliance with current regulations at the time of asset renewal.

•     Apply a cost benefit analysis to investment. (cost / use ratio.  ($/use))

•     Make some account for changing needs and interests related to social and demographic changes through focusing renewal spending on higher use assets.

•     Account for changes and movement in population centres.

•     Not account for changing expectations related to the type or quality of facilities.

•     Not account for balance in provision and investment between pools and other recreation assets.

•     Make improvements to Council’s capital value and asset renewal ratios.

In reference to cost per visit ($PV) data the operational cost modelling reflects Eden Pool ($23.38) and Bemboka Pool ($26.48) being made redundant in 2030 and 2031 respectively.  It could make some account for changing interests and expectations through freeing up funds for investment and improvements in other pools and/or other recreation assets. Note staffing and operating costs in the early and late season have a large impact on the $PV at Candelo, Eden and Bemboka pools. Reducing the season length would be a measure to reduce the $PV at these sites and make ongoing operations more viable while the core high cost assets are serviceable.

Budget Based Model. Based on Recreation and Leisure Assets

This model is based on determining a long term budget amount and undertaking asset operations and capital works to see the best value from that funding allocation.  This will require both operational and capital expenditure decisions to be made. An example of an operational decision would be a change to season length (particularly at low use pools). This model will:

•     Do the minimum to achieve compliance with current regulations at the time of asset renewal.

•     Have to apply a cost benefit analysis to investment. (cost / visit ratio).

•     Partially account for changing needs, interests and social and demographic changes.

•     Not account for changes and movement in population centres.

•     Not account for changing expectations related to the type or quality of facilities.

•     Account for balance in provision and investment between pools and other recreation assets.

•     Make improvements to BVSC capital asset value and renewal ratios.

This model looks to balance resource allocation across all recreation users and asset types. It does not favour any particular asset user group. It will decrease access to pools.

Operational modelling shows effect of 4 month season lengths at Bemboka, Candelo and Eden.

Budget based capital improvement amount has been applied at 18% of total Leisure and Recreation asset renewal forecast amount to provide an example. 

Expectations - Current Assets Model

This model looks fundamentally at making improvements to current assets to update them to meet expectations when asset renewals become due. The key expectations gaps currently relate to accessibility, quality of amenities, water temperature, and provision of shade. This model will:

•     Achieve compliance with current regulations at the time of asset renewal.

•     Not apply a cost benefit analysis to investment. (cost / use ratio.  ($/use))

•     Account for changing needs and interests related to social and demographic changes at seasonal pools.

•     Not account for changes and movement in population centres.

•     Account for changing expectations related to the type or quality of facilities.

•     Not account for balance in provision and investment between pools and other recreation assets.

•     Further increase asset values and future asset renewal ratios. (financial viability)

This model will favour regular pool users.

The capital improvement costs to meet expectations are based on a 50% increase in forecast renewal costs. There are some operational costs (5%) increases largely related to heating water, particularly at the high water volume 50m pools at Eden and Candelo.

Expectations – Catchment Base Model (Officer preferred)

This model looks to apply a catchment based strategic planning principle to update key sites to meet expectations. The Catchment bases model looks see a high number (80%) of the resident population live within 20min drive of a pool facility in summer that meets current expectations in summer and within 30mins drive in winter. (It includes Narooma)  The application of this model also acknowledges that a high proportion of the population will travel for work, school or other weekly events. This model will:

•     Achieve compliance with current regulations at the time of asset renewal.

•     Apply a cost benefit analysis to investment. (cost / use ratio.  ($/use))

•     Account for changing needs and interests related to social and demographic changes.

•     Account for changes and movement in population centres.

•     Account for changing expectations related to the type or quality of facilities.

•     Not account for balance in provision and investment between pools and other recreation assets.

•     Make improvements to capital asset value and renewal ratios.

Based on dispersal of population and future planned population centres, the most efficient locations to achieve this catchment based model will see year round 12 month facilities at Pambula and Bega and a seasonal facility at Cobargo. 

The map attached shows a 20km radius (summer provision) and a 30km radius representing winter provision. It also shows an option to investigate a staged approach to updating Bega pool providing a seasonal pool in the first instance which has been designed and constructed to be upgraded in the future. This would defer approximately $5m in 10 year capital costs to longer range 11 – 50 year capital commitments.

Objective

Historic Asset

Redundancy Model

Budget Based Model

Expectations Current Assets

Expectations Catchment Base

Use & Promotion

÷

÷

÷

÷÷÷

÷÷÷

Value & Balance

÷

÷÷

÷÷÷

-

÷÷÷

Compliance & Risk

÷

÷÷

÷

÷÷÷

÷÷÷

Asset Management & Planning

÷

÷÷

÷

÷

÷÷÷

Tally

4

7

6

7

12

10 Yr Ops (LTFP)

$10.4m

$10.4m

$9.3m (b)

$12m (c)

$10.5m

10 Yr Cap (LTFP)

$5.5m

$4.7m

$4m (d)

$8.8m (a)

$12.2m (e)

11 - 50 Yr Cap (AMP Forecast)

$14.9m

$11.4m

$8m (d)

$17m (a)

$7.7m

Table 3: Aquatic Strategy Comparison Table

a.    Expectations model adds 50% to asset renewals.

b.    10 yr. operations include reduce season length at Bemboka, Candelo and Eden to 4 months

c.     15% increase operating cost for expectation service levels (ie water heating)

d.    18% will lead to operational and capital priorities needing to be determined.

e.    Option to investigate a staged approach to Bega pool upgrade to defer approx. $5m capital investment to 11 – 50 yr. financial planning.

Operating Models

An overview of operating models and the pros and cons of each is provided in the Otium Aquatics Review document.

There are essentially four options for managing publicly owned aquatic and leisure facilities. These are:

·    Management by lease

·    Contract management; and

·    Direct or in-house management by Council

·    Company limited by guarantee

There may be scope to contract or licence by operational task (ie lifeguard services, in water programs, facility operations and maintenance) Council tested the market by providing these options within the recent public tender for outdoor pools. The possible advantage is that where the primary site operator does not have the skills or capability to provide a task, specialists can be engaged to provide that tasks to meet service level expectations.   The disadvantage is that in some instances separating tasks can reduce efficiency in broader facility operation and create confusion both within the centre and with customers. 

It is not recommended there be any change in the current management models. As and when significant asset investment is planned, operating models should be reviewed.

Conclusion

It is important that Council have in place a supported, adopted, integrated and transparent recreation facility provision and planning framework. This will ensure:

•     Facilities are well used

•     Resources are well spent

•     Opportunity costs and other consequences are understood; and

•     Equitable and fair provision of fit for purpose facilities.         

Doing so will provide a balance of recreation assets best able to meet the challenge of delivering facilities to meet current and future needs and the health, social and economic benefits recreation facilities can provide to the community.

No one wants to see pools closed or made redundant; however it is important to balance resourcing and assess the implications of retaining the current provision along with the challenges that come with it.

This will mean decisions need to be made either in terms of provision of pools in the Shire or opportunity costs related to other recreation asset classes or services.

 

Attachments

1.          Pools Historic Provision & Expectations Catchment Model Maps

2.          Bega Valley Shire Council Aquatic Facilities Review - Otium Final Report

 

Recommendation

1.    That Council note the report.

2.    That Council adopt the following as its goal for Aquatic Facilities:

        To have fit for purpose Aquatic Assets that maximise opportunities for the community and                 visitors to participate and enjoy the facilities that meet legislative and compliance                 requirements and have facilities that are operating well, being well used and delivering    good value to the broader community. 

3.    That Council determine a preferred option to provide a framework for the asset renewal     and development of aquatic facilities.

        [Insert option details] 

 

 


Council

22 November 2017

Item 10.1 - Attachment 1

Pools Historic Provision & Expectations Catchment Model Maps

 


 


Council

22 November 2017

Item 10.1 - Attachment 2

Bega Valley Shire Council Aquatic Facilities Review - Otium Final Report

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 22 November 2017

Item 10.2

 

10.2. Bega Valley Regional Gallery Redevelopment     

 

This report presents the results of community consultation on potential sites for the redevelopment of the Bega Valley Regional Gallery.

 

Director Community, Relations and Leisure  

 

Background

In June 2017 the NSW Government announced a Regional Cultural Fund that will invest $100 million over the next four years into arts and cultural infrastructure across Regional NSW, with up to $25 million available during the first year. This Fund provides a unique opportunity to redevelop the Bega Valley Regional Gallery (BVRG) in line with its Strategic Plan, which was adopted by Council in May 2016. The first stage of this process was an Expression of Interest (EOI).

At the Council meeting on 30 August 2017 Council considered the report 10.1. Bega Valley Regional Gallery redevelopment and Resolved:

“1.      That Council submit an expression of interest for Round 1 of the Regional Cultural Fund for the redevelopment of the Bega Valley Regional Gallery.

2.      That Council undertake consultation with the community in relation to various potential sites and preparation of a business plan and outline impacts on asset management plans.”

Regional Cultural Fund Funding

Following Council’s Resolution, an EOI for funding to redevelop the BVRG was submitted to the Regional Cultural Fund on 4 September, 2017. The EOI referenced both the present BVRG site and 121 Arthur Kaine Drive, Merimbula, as potential locations. Create NSW have advised that applicants will be notified shorty if they will be invited to submit a full application. Should Council be selected to progress to the next stage, a final business case is due for submission by 15 January 2018. This will require site specific information such as planning permissions, and a business case and architectural drawings to be in place. In order to meet this potential deadline a location must be selected for a redeveloped BVRG.

Following this initial round, it is understood there will be three further rounds of the Regional Cultural Fund over the next three years. At this point Create NSW has not announced how the total allocation of $100M funding will be distributed over the 4 years period. Should Council be unsuccessful in progressing to the next stage in Round 1, there may be opportunity to reapply in Rounds 2, 3 or 4.

Issues

Strategic

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

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

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

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

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

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

Operational / Asset Management Plan

A redeveloped BVRG will become part of Council’s building assets portfolio.  Should Council be invited to progress to a full application, full architectural drawings including construction design and ongoing operational costs will form part of the submission.  A purpose built facility will meet the ongoing requirements of the BVRG in terms of space, temperature control, accessibility and amenity. A new building should require minimal maintenance in comparison to a retrofitted building, and an energy efficient design will help keep ongoing costs sustainable. As with other Council properties, a Facility Management Plan will be put in place to guide future operations.

Environmental / Sustainability

A core aspect of any BVRG redevelopment will be to ensure the incorporation of environmentally sustainable outcomes with a focus on: the building’s thermal performance; efficient lighting; fixtures and HVAC; renewable energy; efficient water use; indoor air quality; stormwater management; waste management and low environmental impact materials. A newly built facility may be able to accommodate these components more easily than a retrofitted facility.

Social / Cultural

The BVRG stimulates, develops and enhances the diverse visual culture of the region. The arts contribute to the health, cultural, economic, and social wellbeing of regional communities. A new BVRG has the opportunity and very real potential to grow that contribution.

Initial discussions with members of the Aboriginal community have been held in relation to the redevelopment. Council officers met with the Eden Local Aboriginal Land Council (LALC) to discuss links between a redeveloped BVRG and the Monaroo Bobberrer Gudu (The Keeping Place) at Jigamy. Opportunities for collaboration were identified, along with potential ways in which the BVRG could recognise Aboriginal cultural heritage through building design, landscaping, signage, exhibitions and programs.  Consultation with the Eden LALC also covered the sensitivities associated with the cultural heritage of that site. 

Economic

In 2017 an Economic Research Report into the BVRG was funded by Council’s Economic Development team as part of Council’s Economic Growth Strategy. The report investigated the potential economic contribution of visitors to the BVRG by surveying over 600 visitors to the BVRG over a two month period.  This assessment found that in 2017 BVRG visitors from outside the Bega Valley Shire contributed over $1.3 million to the economy in dining, accommodation, retail and transport expenditure. When modelled further, this expenditure contributes a total of $2.48 million to the local economy through direct, industrial and consumption effects. 

While this is already a significant contribution to the local economy, the report also identifies future economic benefits which could be stimulated through the redevelopment of the BVRG. The review considers the economic impact on other regional areas brought about by investment in cultural infrastructure, and suggests similar benefits could be seen in the Bega Valley by a redeveloped BVRG.

The data collected in the report examined the potential for the BVRG to hold larger exhibitions of important local, national and international works. The findings show a strong desire by visitors (both local and from outside the Shire) to see investment in a redeveloped BVRG that is a modern facility with multiple exhibition spaces. Forty one percent of visitors (41%) felt the current gallery space is adequate for the exhibitions it attracts, and 72% supported investment by Council to re-develop the BVRG. Feedback from visitors indicated a preference in the BVRG remaining in Bega. Many positive comments collected during the research related to the strategic design of a new gallery to maximise the investment, both in terms of tourism as well as for local artists and craftspeople. The Economic Research Report is attached.

Business Plan

A Business Plan (BP) is an essential component of any future application for the Regional Cultural Fund.  A draft BP was prepared as part of the EOI; however this cannot be finalised until the future site is established as it will need to consider the potential of the BVRG in a specific location. Current resources do not enable Council to develop BPs for multiple sites. The specific site will also influence the cost of development depending on access to utilities (water, sewer, power), cultural heritage assessment and requirements as well as any review of environmental factors.

The experience of other regional galleries has shown the inclusion of income generating components such as a café, gallery shop, artist workshops and meeting spaces, alongside the potential to attract increased visitor numbers, will all impact on the BVRG’s future financial viability. A draft BP is attached to this report.

Community Engagement and/or Communications

Council’s Community Development, Communications and Gallery teams worked together to deliver a consultation program to gain a further understanding of the community sentiment towards various potential sites of a redeveloped BVRG. The consultation period ran from 29 September 2017 to 17 October 2017. Key areas investigated were: whether the location of the BVRG would influence people’s decision to visit the Gallery; if the current site or a new site would best serve the entire community into the future; and what location would be preferred by people who wished to see a new site.

Consultation Methodology

There were considerable challenges associated with the short timeframe available to engage with the community on the potential locations. In order to maximise the reach of the consultation the primary method of collecting feedback was via a structured survey through Survey Monkey which was hosted on Council’s website.  Members of the community and key stakeholders were also invited to make written submissions throughout the consultation period.

Council officers assisted people to complete the online and surveys using iPads at market stalls, vox pops and pop up stalls (locations below). Hard copy surveys were distributed and collected at stalls, vox pops and in libraries branches.

Consultation Promotion

A Community Engagement Plan was developed and delivered and is attached. To encourage participation across the Shire, promotional activities included:

·    Social media posts on both the Council Facebook site and BVRG Facebook site and  Instagram account

·    Direct email to all Council Library members

·    Direct email to all BVRG members

·    7 ‘pop up’ stalls/ vox pops in the towns: Bermagui: Bega: Tura: Merimbula: Cobargo; and Eden.  These were held at local markets, shopping centres and in main streets

·    Council media releases including Village News, E News

·    Email circulated through Place Based Officer networks and community services  interagency networks

·    Promoted by South East Arts via their membership

·    Promotional postcards which were placed in libraries and cafes

·    Emails to all Education providers in the Shire including Primary and High schools

·    Stakeholder meeting with representatives from South East Arts, Fling, Four Winds, Bega Valley Arts and Crafts, Spiral Gallery, Eden Aboriginal Land Council

Survey response

There were 877 online surveys completed. Of these 36% had a casual interest in art, 52% considered themselves art enthusiasts and 12% were professional artists.

Residents accounted for 92% of responses, with the following geographical breakdown:

Bega

17%

Pambula

7%

Merimbula

17%

Eden

5%

Bermagui

9%

Tathra

9%

Bemboka

3%

Cobargo

4%

Candelo

5%

Wyndham

1%

Quaama

3%

Wolumla

2%

Pambula Beach

2%

Wonboyn

0%

Towamba

1%

Kalaru

3%

Tura Beach

7%

Other - Please state below

7%

 

The spread of responses indicates a geographic reach across the Shire relative to population.

4% or respondents were aged less than 25, 37% were between 26-55 years of age and 59% were over 55 years of age. 

Survey findings

Key areas investigated by the survey related to: whether the location of the BVRG would influence people’s decision to visit the Gallery; if the current site or a new site would best serve the entire community; and what location would be preferred by people who wished to see the BVRG redeveloped in a new site.

A high number of survey respondents, 76% (621 respondents) felt the location of the BVRG would impact on their visitation.  Of the 621 respondents who felt the location would influence their visitation, 48% (394 respondents) wanted to see the BVRG remain on the current site, whilst 52% (420 respondents) wanted the Gallery on a new site.  Sixty three (63 respondents) did not provide a preference for location.

Of the 52% of respondents who indicated the Gallery would be best suited in a new site, the preference for locations were; Merimbula 57%, Bega 28% , Eden 9% and Bermagui 6%.

There were over 1,000 comments made by survey respondents reflecting a broad range of their concerns and ideas. Comments related to such things as accessibility, the centrality of the BVRG to the Shire, the potential to expand to grow programs and offerings, the use of existing buildings, links with tourism and the potential to attract more visitor numbers. These comments will provide a rich source of data for future analysis.

Submissions

In addition to the survey, 7 written submissions were received and are attached. These proposals included the refurbishment of the Hotel Australasia in Eden and Candelo as suitable sites. 

Submissions from key arts stakeholders, including Four Winds and South East Arts were received. These consider the role of the BVRG in relation to the broader cultural drivers in the Shire, and other cultural infrastructure. They recognise the value of a redeveloped BVRG. 

Within the consultation period, letters of support for the EOI were received from Eden Local Aboriginal Land Council and Fling Physical Theatre.

Consultation with Aboriginal Community

Traditional Owners and the Eden Local Aboriginal Lands Council have met with Council officers to discuss site considerations, consider concept plans and explore synergies. Initial contact has also been made with Bega and Merrimans Local Aboriginal Lands Councils with a view to future engagement in the planning stages of the project. This will ensure a redeveloped BVRG will continue to recognise and support Aboriginal culture as a key component of the gallery. 

Other Media and Facebook commentary

The consultation process caught the attention of local media and attracted articles in the Bega District News, Eden Magnet and The Land with a Letter to the Editor also published in the Bega District News.  It was raised by local ABC radio, and prompted an interview with Michael Rolfe, CEO of Museums and Galleries, NSW.  In late August the Bega District News ran its own poll on where should the regional art gallery be located?  The published results were: Current Bega location but redeveloped (35.33%); Merimbula greenfield, Arthur Kaine Drive (23.65%); Eden Gateway Centre land (20.06%); Bega at the former district hospital site (Auckland Street)  (9.28%),  Merimbula, former Council office space on Main St (5.69%); Bega Park (Upper Street) (3.89%) and Undecided (2.1%). 

The Bega District news Facebook story entitled Bega regional gallery’s Merimbula shift being put to council received 111 likes.

The Gallery and Council’s Facebook sites received significant reach over the period of the consultation.

Future Engagement

The Resolution of Council specifically sought to gain community feedback on the location of a redeveloped BVRG , and with a limited timeframe and resources, the online survey was considered the most effective manner to capture as many voices as possible from across the Shire. 

During the consultation period, concerns were raised around the limited scope and method of the engagement process. Suggestions have been made on how more meaningful engagement could be achieved with stakeholders directly impacted by the redevelopment, and with the broader arts community.  It is recognised that future engagement with a range of key stakeholder groups will be important to inform the potential design and offerings of a redeveloped BVRG. This broader engagement has begun and will continue as planning progresses.

While the overall geographic spread of responses is generally positive, there were limited responses from the Eden area, indicating a different approach will be needed to effectively target Eden in future.

Financial and resource considerations

Council officers will apply through the Regional Cultural Fund for 100% of the construction of the new BVRG Council’s contribution will be the value of the land and Council officer resources. Costs associated with progressing the submission to the Regional Cultural Fund inclusive of architectural drawings, cultural heritage assessment and other Development Application costs, will be covered by a bequest made to the BVRG.

The ongoing operation of the BVRG will be funded by the current level of funding (Special Rate Variation, $131K per year, and General Fund Contribution $43K per year) and additional income streams identified depending on site opportunities (hospitality tenancy, retail outlet, workshop fees, enhanced audience through enhanced artistic and cultural programming, enhanced membership, entrance fees for touring exhibitions/ projects and hire of meeting spaces).

Annual Program grants are received from Create NSW and the Australia Council has recently announced a new opportunity for 4 year program funding of up to $300K per institution. The expansion of the BVRG will enable it to become more competitive for this and other funding streams. A core aspect of any BVRG redevelopment will be to ensure the incorporation of environmentally sustainable outcomes with a focus on: the building’s thermal performance; efficient lighting; fixtures and HVAC; renewable energy; efficient water use; indoor air quality; stormwater management; waste management and low environmental impact materials.

Risk

There are short and long term considerations associated with the choice of site for a redeveloped BVRG. While there is strong community support for the redevelopment of the Gallery, the community is divided on the location of an expanded Gallery location.

A redeveloped BVRG will bring with it increased ongoing operational costs over the longer term. In order to mitigate ongoing operational costs of a redeveloped BVRG, the need to maximise visitation and establish independent income streams is crucial. In terms of locations this is a consideration and different approaches would be linked to different locations with potential variations in income streams.

The benefits of positioning the BVRG on a Greenfield site may reduce financial risk by ensuring income generating activities are catered for and by reducing operational costs through energy efficiency and sustainable design. These could also be considered for a redevelopment on the current site although the approach may be different.

Options

Consultation feedback suggests the location of the BVRG will continue to raise debate in the community due to diverse public opinions. The geographical nature and differing characteristics of our towns and villages make comparisons between sites challenging; there are pros and cons to any location.  In selecting a site, Council will need to consider both public opinion and other factors that will impact the sustainability and success of the BVRG.

In order to progress a potential funding opportunity in Round 1 of the Regional Cultural Fund, Council must identify a site.  The consultation points to the following options:

1.    To redevelop BVRG in its current location; or

2.    To redevelop the BVRG in a new site in either Bega or Merimbula areas.

There are consequences associated with both these options.

Option 1 - The current site has limitations. It has limited capacity for expansion to meet future needs without looking at the other services delivered on in the area. While Bega is considered the Regional Centre of the Shire for a range of services, visitor numbers are lower than those in coastal areas, and this may limit the potential growth of audience numbers and income streams.  Due to size constraints associated with the site, there will be limited options to create income streams associated with retail, meeting rooms and artists workshops although these could be developed as a requirement in any design brief. It is unlikely a hospitality tenancy could be included if the BVRG is redeveloped on the current site due to space restrictions and direct competition with numerous cafes in the vicinity however being linked to and ion close proximity to the Commemorative Civic Centre  provides some excellent opportunities for synergies and sharing. Plans were previously developed for the Zingel Place precinct which included work on the Administration building and linking of a redeveloped Regional Gallery with the Commemorative Civic Centre utilising upstairs space in the current building. This is work that could be revisited.

If the BVRG is expanded on the current site, there will be impact by the building works themselves. The BVRG would be closed for 12 – 18 months with impacts on potentially the Civic Centre and Council administration building and, without a suitable alternative temporary Gallery space, the planned BVRG program would be interrupted, or alternative interim spaces found.

Option 2 - There are also consequences associated with redeveloping the BVRG on a new site. While a greenfield option enables a purpose built facility with opportunity for future expansion, other factors will need to be considered. Amenity and visibility will impact on the BVRG’s success in attracting visitors and locals alike. Public accessibility is also important and considerations will include whether the site is walkable from the nearest town centre, whether adequate parking can be provided, and if transport options are available. Site factors will also impact on the viability of a hospitality or retail tenancy located in the BVRG related to its proximity to nearby businesses.

The capacity and ongoing costs associated with the retro fitting of existing buildings, such as the Hotel Australasia, are unknown at this time. 

In order to meet the deadlines associated with the Round One of the Regional Cultural Fund, a site will need to be chosen that can be implemented without delay. Costs and delays due to zoning, planning restrictions and heritage listing are important considerations when weighing up options.

Conclusion

Council has submitted an EOI for Round 1 of the NSW Government's Regional Cultural Fund to redevelop the BVRG and if invited to submit a full application, must determine a site to progress the application.

Recent community consultation reflects the community highly value the BVRG and the proposal to redevelop the BVRG is strongly supported across the Shire.  The community hold a range of differing views on their preferred location for an expanded Gallery. A range of factors will need to be taken into consideration in determining the best possible location of a redeveloped BVRG to realise its full potential.

 

Attachments

1.          Survey results BVRG

2.          BVRG Consultation Written Submissions

3.          Economic Research Report BVRG by Dr Jo Mackellar

4.          Bega Valley Regional Gallery Draft Business Plan (Draft)

5.          Bega Valley Regional Gallery Community Engagement Plan

6.          Bega Valley Regional Gallery 2016-2020 Strategic Plan

7.          Bega Valley Regional Gallery redevelopment - Council report 30/08/2017

 

Recommendation

1      That Council note the report.

2.    That Council endorse [insert name] as the preferred location for the redevelopment of the                Bega Valley Regional Gallery.

3.    Council officers undertake the required planning processes to prepare a detailed     submission to Create NSW’s Regional Cultural Fund based on the preferred location.

 


Council

22 November 2017

Item 10.2 - Attachment 1

Survey results BVRG

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

22 November 2017

Item 10.2 - Attachment 2

BVRG Consultation Written Submissions

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

22 November 2017

Item 10.2 - Attachment 3

Economic Research Report BVRG by Dr Jo Mackellar

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

22 November 2017

Item 10.2 - Attachment 4

Bega Valley Regional Gallery Draft Business Plan (Draft)

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

22 November 2017

Item 10.2 - Attachment 5

Bega Valley Regional Gallery Community Engagement Plan

 


 


Council

22 November 2017

Item 10.2 - Attachment 5

Bega Valley Regional Gallery Community Engagement Plan

 


 


Council

22 November 2017

Item 10.2 - Attachment 5

Bega Valley Regional Gallery Community Engagement Plan

 


 


Council

22 November 2017

Item 10.2 - Attachment 6

Bega Valley Regional Gallery 2016-2020 Strategic Plan

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

22 November 2017

Item 10.2 - Attachment 7

Bega Valley Regional Gallery redevelopment - Council report 30/08/2017

 


 


 


 


 


 


Council 22 November 2017

Item 10.3

 

10.3. Access Improvement Grants     

 

Applications for Access Improvement Grants have been received and assessed and require a resolution of Council to allocate to successful applicants.

 

Director Community, Relations and Leisure  

 

Background

Council undertook a significant review of its Community Grants Program in 2015/2016, which led to the creation and clarification of a number of grant opportunities for community groups and individuals.

The level of funding for each Community Grants Program was resolved by Council at its Ordinary Meeting of 20 July 2016. Since that time Council officers have been working to build the policies, procedures, guidelines and promotional material.

Council has a Section 355 Access and Inclusion Advisory Committee to assist in making the Shire a better place to live for all, and particularly those in our community with a disability, reduced mobility, frailty or temporary impairment. The Access and Inclusion Advisory Committee (previously Access Advisory Committee) had an annual allocation to address small access issues raised through the Committee. Historically this money was not always used or fully expended.

Following the review of the Community Grants Program the annual allocation to the Access and Inclusion Advisory Committee was redirected into the Community Grants Program to become the Access Improvement Grants Program.

The Access Improvement Grants were advertised in September 2017 and a total of 12 applications were received. The total grant requests valued $54,216 towards projects worth over $124,000, clearly demonstrating the value that can be leveraged by providing support to community groups and voluntary organisations.

Issues

Legal /Policy

The Local Government Act 1993 (the Act) provides the legislative mechanism to allow Councils to provide funds to the community for the purposes of exercising its functions. Specifically the Act states in Section 356 that:

“(1) A council may, in accordance with a resolution of the Council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions…”

Strategic

The Access Improvement Grants are in line with the NSW Disability Inclusion Plan that aims to create long term change and require consistent effort from government and the wider community.

The Access Improvement Grants meet the goals of Council’s Disability Inclusion Action Plan: Creating Liveable Communities – contribute towards liveable and accessible public places.

Operational / Asset Management Plan

The Access Improvement Grants are listed as an activity in the Operational Plan 2017/18 – Award grants through the Access and Inclusion Advisory Committee.

Social / Cultural

The ability for residents and visitors to be able to access and enjoy all the Bega Valley Shire has to offer cannot be underestimated.

The Access Improvement Grants provide the mechanism for volunteer groups and businesses to resolve access issues and support participation.

Community Engagement and/or Communications

The Access Improvement Grants have been discussed on a number of occasions with the Access and Inclusion Advisory Committee.  The Committee were consulted in redirecting the original allocation into a grant program, the parameters of the grant and recommended funding allocations.

The grants were advertised in the local papers during the weeks of 5 – 8 September and then again on 26 – 29 September 2017.

The grant opportunity was circulated to Service Clubs, Chambers of Commerce and through networks of the Place Based officers.

Following an initial assessment by officers to confirm eligibility or otherwise, the applications were reviewed by a Subcommittee made up of Cr Robyn Bain, Mr Ron Finneran OAM, Chair of the Access and Inclusion Advisory Committee, Mr Colin Dunn Member of the Access and Inclusion Advisory Committee and Mr Anthony Basford, Director Community, Relations and Leisure.

The Subcommittee submitted its recommendations to the full membership of the Access and Inclusion Advisory Committee on Monday 13 November 2017 for ratification.

The Access and Inclusion Advisory Committee recommended the funding amounts as presented in the Confidential Attachment.

Financial and resource considerations

In this the inaugural year of the Access Improvement Grants there is a total of $40,000 available to distribution. Normally there is an annual allocation of $20,000. The reason for this additional amount is that no funds were allocated or spent in 2016/17 and the funds were held over into the new financial year.

The Access Improvement Grants provide Council with an opportunity to leverage the passion and interest of volunteers and community groups to deliver projects on Council’s and the Community’s behalf.

The Community Grant Program Guidelines outline the criteria by which grant applications are assessed. This includes the criteria that grants will be in the range of $500 to $5,000. The Subcommittee sought a one off exemption to these values for a project due to the volunteer effort and requirement to fund the complete works. This was supported by the full membership of the Access and Inclusion Advisory Committee.

In some case no funding or partial funding was recommended by the Subcommittee based on the information presented in the applications. A total of $36,115 has been recommended for allocation, with the remainder available ($3,885) for projects identified by the Access and Inclusion Advisory Committee or held in reserve for the 2018/19 grant round.

The funds for this grant was included and adopted in Council’s 2017/18 budget.

Funding source

Amount

General fund – Access Improvement Grants

$40,000

Risk

Council has obligations under the NSW Disability Inclusion Plan, Council’s Disability Inclusion Action Plan and the Local Government Act 1993 to provide for all residents and visitors to the Shire. Council has reputational (and a potential legislative non-compliance) risk if it does not provide inclusive facilities and spaces.

The improvement of access to facilities and spaces in the Shire also reduces the risk of insurance or compensation claims where people may injury themselves because of access issues.

Options

The options for this funding relate to whether Council accepts the recommendation of the Access Improvement Grant Subcommittee and Access and Inclusion Advisory Committee, or chooses to allocate the funds in a different way.

Conclusion

The inaugural year of the Access Improvement Grants has demonstrated a wide and varied range of ideas to improve the everyday experience for residents and visitors living in the Bega Valley Shire who may have reduced mobility, impairment or a disability.

 

 

Attachments

1.            Access Improvemnet Grants Assessment Summary - 2017 (Councillor Only) (Confidential)

 

Recommendation

1.    That Council note the report.

2.    That the Access Improvement Grant Subcommittee and the Access and Inclusion    Advisory Committee be thanked for their assessment and recommendations.

3.    That the recommended allocations from the Confidential Attachment be adopted.

4.    That the 2017/18 Access Improvements Grants are allocated as outlined in the summary provided to Councillors:   (insert)

5.    That Council officers write to all applicants advising them of the outcome of their applications.

 


Council 22 November 2017

Item 10.4

 

10.4. Festivals and Events Grants 2018     

 

Applications for Festivals and Events Grants have been received and assessed. They require a resolution of Council to allocate the grants to successful applicants.

 

Director Community, Relations and Leisure  

 

Background

In 2016 Council undertook a significant review of its Community Grants Program, which led to the creation and clarification of a number of grant opportunities for community groups and individuals.

The levels of funding for each Community Grants Program were resolved by Council at its Ordinary Meeting of 20 July 2016. Since that time officers have been working to build the policies, procedures, guidelines and promotional material.

With an annual budget of $60,000, the 2018 Festivals and Events Grants were advertised in September 2017 and a total of 19 applications were received. In conjunction with this process a prior commitment was made by Council to the New Years’ Eve Fireworks Spectacular for an allocation of $15,000 annually over 3 years, to establish this as the main New Years’ Eve event for the Shire. Council previously resolved on 28 June 2017 to allocate $2,800 to the Leisure and Recreation section for Colombo Park Fees. This leaves a remaining budget of $42,200.

Issues

Legal /Policy

The Local Government Act 1993 provides the legislative mechanism to allow Councils to provide funds to the community for the purposes of inclusive community, reputational risk and traffic management.

Strategic

Festivals and events are valuable community building activities that provide an opportunity for the community to come together and celebrate life on the far South Coast, spend time with friends and family and to build social cohesion through attendance, organising and volunteering.

Festivals and events support a celebration of life, diversity, culture, and environmental sustainability in the Bega Valley Shire. These activities play an important role in activating the low/ shoulder season periods on the tourism calendar by attracting people to the Bega Valley Shire, supporting local businesses, employment and tourism more broadly.

As per Council's Community Strategic Plan:

Active and Healthy Communities – Outcome 1

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

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

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

Strategy 4 - We collaborate with partners to provide facilities, activities and services that encourage more people to have active and healthy lifestyles.

Events and Festival activities held also supports criteria under the Economic Development Strategy 2016.

Social / Cultural

Festivals and events are valuable community building activities that provide an opportunity for the community to come together and celebrate life on the far South Coast, spend time with friends and family and to build social cohesion through attendance, organising and volunteering.

Festivals and events support a celebration of life, diversity, culture, and environmental sustainability in the Bega Valley Shire.

Economic

These activities play an important role in activating the low/ shoulder season periods on the tourism calendar by attracting people to the Bega Valley Shire, supporting local businesses, employment and tourism more broadly.

Community Engagement and/or Communications

Following the review process, event organisers were invited to attend a Community Information session in September 2017 to discuss the changes; however there was not a lot of community Interest to attend. In lieu of this consultation a Festivals and Events Fact Sheet was created and directly emailed to 69 community groups on our Events and Festivals database, prior to public advertising of the grants.

During early October 2017 grants were advertised in the local papers, via social media, Website and Village Newsletter, as well as a second direct email to the 69 community groups on our events and festivals database.

As part of the review process, the need for a dedicated Festivals and Events web page was identified. This was designed to incorporate tools and resources for all aspects of event and festival management and has been integrated onto Council’s Website. This allows for online applications as well as 24/7 up to date information and resources on Festivals and Events.

Following an initial assessment to confirm eligibility or otherwise, the grant applications were reviewed by a Festivals and Events Committee made up of Cr Kristy McBain (Mayor), Cr Tony Allen, Mr Anthony Basford, Director Community, Relations and Leisure and Ms Tamara Whiting, Events Liaison Officer.

Feedback from the Committee following evaluation of the 2018 applications recommended that encouraging letters of support be submitted with applications.

The review Committee recommended the funding amounts as presented in the Confidential Memorandum attachment.

Financial and resource considerations

The allocated budget for Festivals and Events Grants in 2018 is $60,000

Funding source

 

Amount

Proceeds from the Southern Phone annual dividend

$

60,000

 

In some cases no funding or partial funding was recommended by the review committee based on the information presented in the applications. A total of $36,761 has been recommended for allocation plus $17,800 prior commitments made by Council totalling $54,561 with the remainder available ($5,439) to be held in reserve for other emergent events and festivals during 2018 calendar year.

The Community Grant Program Guidelines outline the criteria by which grant applications are assessed. This includes the criteria that events and festivals grants will be distributed into three program categories of Regional, District and Local as outlined in the below table.

 

Program Category

Funding Amount

Description

BVSC Recognition

Availability

Regional

Event

 

Up to $10,000

 

·    a significant event with a number of partners

·    attracts people from outside the Shire as well as residents

·    generates significant value add to local businesses

·    attracts a large number of people

·    generates or self-funds a considerable portion of the event

·    may add to or leverage grants from another level of government

·    may run over multiple days and is not replicated in other parts of the Shire, and

·    considers viability and environmental sustainability

Partner

 

1 per year

Total available $10,000

 

District

Event

Up to

$5,000

·    a large event that attracts and provides a focal point for people from the Shire and people already visiting

·    may have other supporters or organisations involved

·    generates some funds but needs greater assistance due to legislative and/or regulatory requirements

·    may have historical ‘roots’, or may be a start-up event needing assistance to become established, and

·    considers sustainability and environmental impacts

Sponsor

 

5 per year

Total available $25,000

 

Local

Event

 

Up to

$1,000

 

·    an important local event that provides a focal point for people of a particular area or community

·    often held annually

·    may be a start-up event needing assistance to become established and would otherwise struggle without BVSC support, and

·    considers sustainability and environmental impacts

Supporter

10 per year

Total available $10,000

 

 

Risk

Council’s Event Management Guide aims to reduce reputational risk to Council by outlining the Insurance and Risk Management obligations of Council and event organisers when planning their events and festivals. 

Options

Council have the option to accept the recommendations of the Festivals and Events Committee, or choose to allocate the funds in a different way.

Conclusion

Festivals and Events play an important role in activating the low/ shoulder season periods on the tourism calendar by attracting people to the Bega Valley Shire, supporting local businesses, employment and tourism more broadly.

Council have an important role in fostering these activities that support a celebration of life, diversity, culture, and environmental sustainability in the Bega Valley Shire.

 

Attachments

1.          F & E Grant Newspaper Advertising

2.          F & E Grant Guidelines

3.          F & E Grant Community Fact Sheet

4.            F & E Grant Assessment Summary (Councillor Only) (Confidential)

 

Recommendation

1.    That Council note the report.

2.    That the recommended allocations from the Confidential Attachment be adopted.

3.    That Council allocate funds as follows:

        [Insert all groups, projects and amounts] 

4.    That officers write to all applicants advising them of the outcome of their applications.

 

 


Council

22 November 2017

Item 10.4 - Attachment 1

F & E Grant Newspaper Advertising

 


Council

22 November 2017

Item 10.4 - Attachment 2

F & E Grant Guidelines

 


 


 


 


Council

22 November 2017

Item 10.4 - Attachment 3

F & E Grant Community Fact Sheet

 


 


Council 22 November 2017

Item 10.5

 

10.5. Community Hall Committee Nominations     

 

Additional nominations for positions on Council’s Community Hall Committees are presented for Council endorsement.

 

Director Community, Relations and Leisure  

 

Background

The participation of volunteers in the care and management of Council’s Community Halls is an important way in which these facilities are activated, maintained and remain responsive to local needs and aspirations.

Thirteen new nominations for positions on Community Hall committees have been received and are provided to Councillors in an attached Confidential Memorandum for consideration.

Issues

Legal /Policy

Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally.  The delegated functions of the Community Hall committees are set out in the Community Hall Committee Guidelines and Operations Manual which prescribe the manner in which the committees must operate.

Strategic

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

Goal 1: We are cooperative, caring and enjoy a culturally rich community life
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care

Operational / Asset Management Plan

Management of community facilities are identified in the Operational Plan and Budget 2017-2018 under the strategic action:

·    Maintain and manage Council's community centres and halls

·    Engage community members in the management and operations of community halls and facilities

·    Identify and deliver annual maintenance and renewal projects

Community Halls have individual Facility Management Plans which fall under Council’s Building Asset Management Plan.

Social / Cultural

Local Community Halls are often the hub of communities, particularly in smaller towns and villages. The involvement of volunteers helps ensure these facilities are well utilised and better able to meet community needs. Involvement in Hall committees also provides benefits to many individual volunteers by increasing their community connections and building their capacity through participation.

Community Engagement and/or Communications

Since November 2016, Council officers have worked with individual Hall committees and community members to encourage increased membership to Hall committees and this has resulted in the new nominations presented for endorsement. Community members participating in Hall committees are empowered to contribute to the care of Halls. Community Hall representatives are further engaged and consulted as members of the Section 355 General Community Halls Committee.

Financial and resource considerations

There is no direct financial impact arising from this appointment process.

Risk

The active and positive engagement of community members in Hall committees provides effective management of these assets.

Options

Council can choose to accept or reject the nominations for the Community Hall Committees.

Conclusion

Thirteen additional nominations to Council’s Community Hall committees have been received, which continues to demonstrate the strong volunteer spirit of residents in the Bega Valley Shire.

 

Attachments

1.            Confidential Memorandum Community Hall Committee Nominations (Confidential)

 

Recommendation

1.    That Council note this report.

2.    That Council adopt the recommendations from the Confidential Memorandum.

3.    That Council appoint the following nominees to Council’s Community Hall committees           as indicated [Names to be inserted].

4.    That Council officers advise all applicants of the outcome.

 


Council 22 November 2017

Item 10.6

 

10.6. Licence Agreement Renewals     

 

A number of Licence Agreements for occupation of Council owned and managed land throughout the Shire have recently expired and require renewal.  Council approval is sought to offer new occupation Licences to the various organisations as outlined in this report and to adopt hire fees and charges for Bermagui Community Centre and Hall.

 

Director Community, Relations and Leisure  

 

Background

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

·    Bermagui Community Centre

·    Eden Gateway Centre

·    Merimbula Visitor Information Centre

Following changes in Council’s Rental Assessment and Rebate Procedure, (workshopped with Councillors in February 2017) an increase in the rental fees payable by each of the community groups was proposed. 

This report was first presented to Council on 30 August 2017; however following numerous deputations by the organisations involved, the Council resolved as follows:-

“That the matter be deferred, in accordance with Council’s Code of Meeting Practice as it was the subject of addresses to Council.”

Since that time, Council officers have carried out further consultation with each of the affected organisations in order to gain additional information in support of their individual claims for a larger reduction to the new Licence fees proposed.  A copy of that information is attached for the information of Councillors.

Bermagui Community Centre

Council is the owner of the Bermagui Community Centre building which is located on Crown Land leased by Bega Valley Shire Council.  Under the terms of the lease, Council is required to pay Crown Lands an annual lease fee.  In determining the annual lease fee payable by Council, Crown Lands obtain a market valuation for the land, with a rebate of $30,000 per annum provided to Council off market rental, on the basis that part of the Community Centre provides facilities for the benefit of the general community (public library, hall and meeting room spaces).  The latest market rental valuation for the site which the Community Centre is located on (as advised by Crown Lands in May 2017) was $42,988, with the annual amount payable by Council $12,988 (plus GST).

As well as a community hall and library, various groups occupy office space within the Centre, formalised by way of Licence Agreement since the Centre’s opening in 2007.  On the basis Council was unable to demonstrate it had sufficiently ‘tested the market’, to see if any other organisations within the Bermagui area were in need of subsidised community office space, Council made the decision in February 2017 to conduct a public Expression of Interest (EOI) process prior to approving any further longer term tenure with the existing tenants of the Centre.

 

 

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

·    Bermagui Historical Society

·    Southern NSW Local Health District

·    U3A Bermagui and District Incorporated

·    Bermagui Area Chamber of Commerce and Tourism

·    Bega Valley Meals on Wheels Cooperative

·    Four Winds

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

The Bermagui Community Technology Centre (CTC), which previously occupied space within the Centre, did not submit an EOI on the basis that financial advice obtained had confirmed it was unlikely they would be financially viable for a period of 3 years.  They made a decision to ‘wind down’ their operations and they have since vacated the Centre.  The CTC had previously managed the hall and meeting room bookings within the Community Centre for several years on behalf of Council for an agreed management fee.  Following closure of the CTC, administration of those bookings is now being carried out by Bermagui Library officers. 

Eden Gateway Centre

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

Merimbula Visitor Information Centre

The Merimbula Visitor Information Centre (VIC) is on Council managed Crown Land and  is also approaching the end of its useful asset life and a decision will need to be made by Council in the near future as to whether this asset is to be renewed and if so, whether this occurs in its current location.  A further 12 month Licence to Merimbula Tourism is therefore being recommended without the need for a public tender process at this time.

The approval of Crown Lands to the further Merimbula VIC Licence will also be required; however officers at Crown Lands have confirmed Council will need to demonstrate how the proposed annual Licence fee was calculated and assessed against Council Policy if the Crown’s own Rent Concessions and Hardship Relief Policy is not being used.  

Issues

Legal /Policy

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

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

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

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

Following a workshop session held with Councillors in February 2017, a decision was reached to review Council’s Rental Assessment and Rebate Procedure.  Council originally adopted this Procedure in 2010 as an equitable means of calculating rental rebates available to community not-for-profit organisations and to ensure a level of consistency throughout the Shire.  The difference between current market rent and the rebate percentage achieved by a lessee/licensee is treated as a donation from Council.  To ensure some form of rebate is available to all eligible existing and future lessees/licensees, the review of the Procedure has seen the need to amend the scoring system so the level of rebate achievable by eligible community organisations is reduced.

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

In light of the deputations made to Council on 30 August 2017 and the concerns raised by the affected community groups about their inability to afford the increased fees, Council are being presented with several options for consideration.

One of the options further investigated was to bring Council’s Rental Assessment and Rebate Procedure in line with the methodology used by Crown Lands in determining Rent Concessions and Hardship Relief for Crown Land tenure holders.  Under the Crown system however, community service, sporting and recreational organisations may only be eligible to receive a rebate of up to 50% of the market rent. Applications are considered on a case by case basis with the organisation required to provide suitable evidence to satisfy their eligibility for a rebate and their current financial position.  Council’s Rebate Procedure is in fact more generous than that of the Crown, with the current rebates proposed of between 56% - 69%.

The three existing Visitor Information Centre Licenses expired on 30 June 2017; however the Licence Agreements do contain a holding over provision for a maximum period of 12 months from expiry.  Those Agreements therefore have the ability to remain on a holding over basis until 30 June 2018.

Each of the other Licence Agreements the subject of this report, all expired during 2016 with the maximum available 12 month holding over period also now expiring.  Renewal of these Agreements is seen as a priority in order to formalise legal tenure arrangements for those buildings.     

Operational / Asset Management Plan

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

Social / Cultural

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

Community Engagement and/or Communications

On 2 August 2017, Council officers attended a workshop session with Councillors to discuss the results of the recent changes to the Rental Assessment and Rebate Procedure and how each of the organisations would be affected by the adjustments made to the scoring system.  Following that workshop, Council officers presented a report to Council on 30 August 2017 seeking approval to offer new Licences to each of the organisations for the revised annual rental fee.

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

Council officers have now attended several meetings with representatives from the Merimbula, Bermagui and Eden Visitor Information Centres as well as the other organisations whose Licence Agreements require renewal.

Financial and resource considerations

Occupation Licence Fees

The annual operating expenses for the Bermagui Community Centre and Eden Gateway Centre buildings are increasing and as a result, it is necessary for increases in the Licence fees payable by those occupying them as a greater contribution to those costs.  Very little preventative or routine maintenance has been completed on the Merimbula VIC building by the tenants over a number of years and it is therefore now in need of significant renewal works.

One of the options considered was for Council to commence charging an additional contribution to outgoings (electricity, water and waste removal) in all instances where the tenant was not currently paying those costs.  Being multi-use buildings without separate metering however, it would be difficult to determine a fair and equitable method of calculating the contribution payable by each organisation.  Increasing the overall annual rental fee based on the individual circumstances of the organisation (as determined by the results of their rental rebate application) was deemed a fairer way to proceed, with no additional requirement to pay for outgoings.

The majority of rental rebate applications assessed over the past five years have resulted in a score of between 90-100%, with payment of the minimum annual rental fee applicable in most cases.  This clearly demonstrates the previous scoring system contained in the Rental Assessment and Rebate Procedure was set too high.

At the time Council adopted its Management of Leases and Licenses and Rental Assessment and Rebate Policies in 2010, the clear intention was for a community group to maintain the building occupied as if they were the owner of that property with all service connections also the responsibility of the tenant, without any further financial assistance from, or cost to Council.  Accordingly, clauses to this effect were included in all rental agreements from that point forward.  In return, a high level of rental rebate or statutory minimum annual rental fee would apply.  Contrary to the original intent, this has not occurred in all cases; predominantly with facilities which are occupied by multiple groups where separate metering is not available and it is difficult to determine the level of individual responsibility for routine and reactive maintenance to the building (internally and externally).  As evidenced by the recent building assets condition report, these community buildings are not being maintained to a satisfactory degree, with many now in fair to poor condition.  Council now finds itself in a position where it has aging building assets, with only minimal rental income received to fund works necessary to bring those assets back to a satisfactory level.  Council can no longer afford to subsidise tenancies to the same degree.

Council does on the other hand, have community buildings which are occupied by not-for-profit groups (such as Men’s Sheds, Scouts and Guides) who do take full responsibility for the structural integrity of those buildings without any further requests for financial assistance from Council.  In addition to the annual Licence fee payable, those organisations also pay for all electricity, water and waste management charges.                

The rebate percentages achieved under the previous and revised Rental Assessment and Rebate Procedure as well as the previous and new valuation amounts are as follows:-

Licensee

Previous Valuation

Previous Rebate %

Previous Licence Fee (per annum)

New Valuation

New Rebate %

Proposed New Licence Fee (per annum)

Bermagui Chamber of Commerce and Tourism

$16,000

97%

$518

$16,800

64%

$6,048

Four Winds

$900

70%

$518

$3,850

56%

$1,694

Bermagui Historical Society

$6,000

92%

$518

$7,900

67%

$2,607

Bega Valley Meals on Wheels

$2,500

93%

$518

$5,700

61%

$2,223

Eden Community Access Centre

$5,500

98%

$518

$13,000

69%

$4,030

Eden Tourism

$20,215

97%

$518

$18,000

64%

$6,480

Merimbula Tourism

$39,600

97%

$518

$35,000

64%

$12,600

Former CTC space at Bermagui

$6,800

N/A

$518

$6,875

N/A

N/A

 

The rental rebate application originally submitted for assessment by Merimbula Tourism provided a rental rebate of 78%, as they had indicated in the application they would take full responsibility for all structural, routine and reactive maintenance of the building.  During further consultation with representatives from that organisation, they have now indicated they wish to amend their application to remove that requirement.  This has decreased their level of rebate to 64% in line with that achieved by both Bermagui Chamber of Commerce and Eden Tourism.

Southern NSW Local Health District does not qualify for a rental rebate under Council’s Procedure as they are not a community, not-for-profit organisation.  The full market rental fee applies to that Licence Agreement, with an additional fee payable for the weekly cleaning of their office space.

In recognition of the fact the recent changes to the rebate process have increased the rental fees substantially, Council officers are recommending that Council introduce the fees over a three year period, rather than adopt the new charges in the first year.  Below is a table detailing that proposal:

Licensee

Previous Licence Fee
(per annum)

Licence Fee in Year 1
(per annum)

Licence Fee in Year 2
(per annum)

Licence Fee in Year 3
(per annum)

Bermagui Chamber of Commerce and Tourism

$518.00

$2,016.00

$4,032.00

$6,048.00

Four Winds

$518.00

$564.67

$1,129.33

$1,694.00

Bermagui Historical Society

$518.00

$869.00

$1,738.00

$2,607.00

Bega Valley Meals on Wheels

$518.00

$741.00

$1,482.00

$2,223.00

Eden Community Access Centre

$518.00

$1,343.33

$2,686.67

$4,030.00

Eden Tourism

$518.00

$2,160.00

$4,320.00

$6,480.00

Merimbula Tourism

$518.00

$4,200.00

$8,400.00

$12,600.00

 

Council officer time has been required to conduct the public EOI process for the future occupancy of the Bermagui Community Centre as well as assess the responses and rental rebate applications.  Officers have also been required to carry out further consultation meetings with each of the organisations since deferment of the original report.  Further liaison with Crown Lands will be required in relation to the Merimbula VIC Licence, including seeking the Minister’s Consent.  Ongoing management of the Licence Agreements during their term will also require Council officer time.

Bermagui Hall and Meeting Room Hire Fees

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

The annual review of Council’s Fees and Charges Schedule proposed an increase in hire fees for the Bermagui Hall and meeting rooms in line with other community halls throughout the Shire.  This was the subject of a separate report to Council on 30 August 2017, with Council deferring the Bermagui Community Hall Fees and Charges following a deputation by U3A, with those fees to be dealt with at the same time as the Licence Agreement Renewals for the Community Centre.  U3A Bermagui had previously negotiated a special rate to use the hall and meeting rooms within the Bermagui Community Centre with the CTC (not approved by Council) and had disputed the new fee proposal.  The proposed fees are based on the Cobargo School of Arts Hall adopted by Council in June 2017.

 

 

 

 

 

 

Proposed Bermagui Community Hall Fees & Charges 2017/2018

 

Bonds

Low risk bond

High risk bond

Key deposit

Equipment deposit (including art hanging system)

 

$200.00

$500.00

$50.00

$300.00

Hall Hire

Per hour (after 6pm)

Per hour (up to 6pm)

Half day

Full day

(Rates include use of kitchen facilities and sound system) 

 

$16.00

$10.00

$55.00

$120.00

Meeting Room Hire

Meeting Rooms 1 & 2 (not-for-profit)

Meeting Rooms 1 & 2 (commercial)

 

$5.00 per hour

$10.00 per hour

Kitchen Hire

Kitchen Facilities (per hour)

Kitchen Facilities (half day – 6 hours)

Kitchen Facilities (full day – 12 hours)

 

$10.00

$40.00

$64.00

Other

Elections (includes hall cleaning)

 

$328.00

Risk

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

Options

In presenting this report to Council, officers have ensured there is a sound methodology to the rebate process in determining rental fees, and is consistent with Crown Lands in managing use of their lands by community groups. No option comes at a nil increase in cost.  The options are:

1.    Adopt the new licence fees, however introduce over a three year period as detailed in this report (no additional contribution to outgoings);

2.    Maintain licence fees at current levels (with annual increase by CPI) plus introduce additional annual charge for outgoings;

3.    Adopt Crown Lands approach; or

4.    Adopt the new licence fees (increased annually by CPI), with no additional contribution to outgoings, and with the full amount payable in the first year of the licence.

Conclusion

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

It is acknowledged the increases in annual rental fees as a result of the review of Council’s Rental Assessment and Rebate Procedure are high; however this is in part due to the fact they have remained at a statutory minimum for a period of seven (7) years. The proposal to increase the fees to the new level over a period of three years as presented in this report is considered by Council officers to be reasonable, with fees remaining heavily rebated against the market appraisals obtained.  A greater contribution to the operational and maintenance costs of these facilities by those who occupy them is now seen as a necessity if Council wish to retain these building assets and provide a level of subsidised rental space for community organisations into the future. 

Licence fees can no longer remain at the level they currently are as the condition of Council’s buildings continues to deteriorate.

 

Attachments

1.          Management of Leases & Licenses Procedure

2.          Rental Assessment & Rebate Procedure

3.          Deputation notes - Merimbula Tourism

4.          Deputation notes - Bermagui Chamber of Commerce & Tourism

5.          Deputation notes - Eden Tourism

6.          Deputation notes - Meals on Wheels

7.          Deputation notes - Bermagui Historical Society

8.            Notes from Consultation Meetings (Councillor Only) (Confidential)

9.          Further Information From Eden Access Centre - 20 September 2017

10.       Merimbula Tourism Incorporated Rental Rebate submission 13 Nov 2017

11.       Eden Gateway Centre - Valuation Summary

12.       Merimbula VIC - Valuation Summary

13.       Opteon - Further valuation advice for Merimbula VIC

14.       Bermagui Community Centre - Valuation Summary

15.          Bermagui Chamber of Commerce & Tourism - Rebate Assessment (Councillor Only) (Confidential)

16.          Eden Tourism - Rebate Assessment (Councillor Only) (Confidential)

17.          Merimbula Tourism - Rebate Assessment (Councillor Only) (Confidential)

18.          Eden Community Access Centre - Rebate Assessment (Councillor Only) (Confidential)

19.          Bermagui Historical Society - Rebate Assessment (Councillor Only) (Confidential)

20.          Meals on Wheels - Rebate Assessment (Councillor Only) (Confidential)

21.          Four Winds - Rental Assessment (Councillor Only) (Confidential)

 

Recommendation

That Council:

1.      Approve a further three year Licence to Bermagui Area Chamber of Commerce and Tourism, Bermagui Historical Society, Four Winds and Bega Valley Meals on Wheels Cooperative, for their continued occupation of space within the Bermagui Community Centre for the new fees proposed, to be introduced over a three year period as detailed in the table below.

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

3.      Approve a further one year Licence to Eden Community Access Centre Incorporated and Eden Tourism for their continued occupation of space within the Eden Gateway Centre for the new fees proposed for Year 1 as detailed in the table below, with any further Licence Agreements to be for a commencing annual rental fee as proposed for Year 2. 

4.      As Reserve Trust Manager of the Merimbula Beach (R97406) Reserve, approve a further one year Licence to Merimbula Tourism Incorporated for their continued occupation of the Merimbula Visitor Information Centre building for the new fee proposed for Year 1 as detailed in the table below, with any further Licence Agreement to be for a commencing annual rental fee as proposed for Year 2.

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

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

Licensee

Previous Licence Fee
(per annum)

Licence Fee in Year 1
(per annum)

Licence Fee in Year 2
(per annum)

Licence Fee in Year 3
(per annum)

Bermagui Chamber of Commerce and Tourism

$518.00

$2,016.00

$4,032.00

$6,048.00

Four Winds

$518.00

$564.67

$1,129.33

$1,694.00

Bermagui Historical Society

$518.00

$869.00

$1,738.00

$2,607.00

Bega Valley Meals on Wheels

$518.00

$741.00

$1,482.00

$2,223.00

Eden Community Access Centre

$518.00

$1,343.33

$2,686.67

$4,030.00

Eden Tourism

$518.00

$2,160.00

$4,320.00

$6,480.00

Merimbula Tourism

$518.00

$4,200.00

$8,400.00

$12,600.00

 

7.      Adopt the amended fees and charges for use of the Bermagui Community Centre Hall and Meeting Rooms as follows:

 

 

Proposed Bermagui Community Hall Fees & Charges 2017/2018

 

Bonds

Low risk bond

High risk bond

Key deposit

Equipment deposit (including art hanging system)

 

$200.00

$500.00

$50.00

$300.00

Hall Hire

Per hour (after 6pm)

Per hour (up to 6pm)

Half day

Full day

(Rates include use of kitchen facilities and sound system) 

 

$16.00

$10.00

$55.00

$120.00

Meeting Room Hire

Meeting Rooms 1 & 2 (not-for-profit)

Meeting Rooms 1 & 2 (commercial)

 

$5.00 per hour

$10.00 per hour

Kitchen Hire

Kitchen Facilities (per hour)

Kitchen Facilities (half day – 6 hours)

Kitchen Facilities (full day – 12 hours)

 

$10.00

$40.00

$64.00

Other

Elections (includes hall cleaning)

 

$328.00

 

 

 


Council

22 November 2017

Item 10.6 - Attachment 1

Management of Leases & Licenses Procedure

 


 


 


 


 


 


 


 


 


Council

22 November 2017

Item 10.6 - Attachment 2

Rental Assessment & Rebate Procedure

 


 


 


 


 


 


Council

22 November 2017

Item 10.6 - Attachment 3

Deputation notes - Merimbula Tourism

 


 


Council

22 November 2017

Item 10.6 - Attachment 4

Deputation notes - Bermagui Chamber of Commerce & Tourism

 


 


 


Council

22 November 2017

Item 10.6 - Attachment 4

Deputation notes - Bermagui Chamber of Commerce & Tourism

 


Council

22 November 2017

Item 10.6 - Attachment 4

Deputation notes - Bermagui Chamber of Commerce & Tourism

 


Council

22 November 2017

Item 10.6 - Attachment 5

Deputation notes - Eden Tourism

 


 


 


 


 


Council

22 November 2017

Item 10.6 - Attachment 6

Deputation notes - Meals on Wheels

 


 


 


 


 


Council

22 November 2017

Item 10.6 - Attachment 7

Deputation notes - Bermagui Historical Society

 


 


 


 


Council

22 November 2017

Item 10.6 - Attachment 9

Further Information From Eden Access Centre - 20 September 2017

 


 


Council

22 November 2017

Item 10.6 - Attachment 10

Merimbula Tourism Incorporated Rental Rebate submission 13 Nov 2017

 


 


Council

22 November 2017

Item 10.6 - Attachment 11

Eden Gateway Centre - Valuation Summary

 


 


Council

22 November 2017

Item 10.6 - Attachment 12

Merimbula VIC - Valuation Summary

 


 


Council

22 November 2017

Item 10.6 - Attachment 13

Opteon - Further valuation advice for Merimbula VIC

 


 


Council

22 November 2017

Item 10.6 - Attachment 14

Bermagui Community Centre - Valuation Summary

 


 

 

 


Council

22 November 2017

 

 

Staff Reports – Infrastructure Waste And Water

 

22 November 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            RFT 78/17 Waste Collection Services Tender................................................... 101


Council 22 November 2017

Item 12.1

 

12.1. RFT 78/17 Waste Collection Services Tender     

 

This report details the outcome of evaluation of Tender RFT 78/17 for the provision of Waste Collection Services and recommends award to the preferred tenderer.

 

Acting Director Transport and Utilities  

 

Background

Council invited tenders from suitably qualified contractors to provide Council's service for the collection of garbage and recycling. Tenders were advertised in local media and in the Sydney Morning Herald on 31 August 2017.  At the close of the tender period at 12.00pm on 18 October 2017 Council had received three submissions, from the following companies:

·    Cleanaway Pty Ltd

·    J R Richards & Sons

·    Suez Recycling & Recovery Pty Ltd

Applicants were asked to provide 23 returnable Schedules covering all aspects of the proposed service.

The tender submissions were assessed against the following evaluation criteria

Tender Evaluation

Criteria

Weighting

Price

60%

Skills & experience of key personnel

20%

Proposed methodology

5%

Demonstrated capacity to undertake a contract of this scale

10%

Local content

5%

Total

100%

Issues

Legal /Policy

The tender process complied with the Local Government Act 1993.

Strategic

This tender supports Council's Waste Strategy, its goals and objectives.  This includes but is not limited to the weekly collection of food and garden organic waste (FOGO) and increased choice for residents with regards to bin size (user pays system).

Consultation

Council consulted widely on the collection arrangement most suitable for our residents through the Waste Strategy Working Group.  The range of services available was a key topic and this tender ensured this requirement was included.

Environmental / Sustainability

This tender supports best practice in waste management with regard to minimising environmental impacts.

Financial and resource considerations

Costs will be met by Domestic and Commercial waste management charges.  These charges are applied as per sections 496 and 501 of the Local Government Act 1993.

Options

All tenderers had the opportunity to submit alternate proposals.  While these were considered, none of the alternatives were deemed to be suitable. 

Conclusion

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

 

Attachments

1.            Confidential Memo Waste Collection Services Tender RFT 78_17 (Councillor Only) (Confidential)

 

Recommendation

1.    That Council accept the tender from (insert) in relation to contract for the services described in Tender 78/17, in the amount of $(insert) (excluding GST), subject to variations and provisional sums.

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

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

  

 


Council

22 November 2017

 

Staff Reports –  Governance And Strategy

 

22 November 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            2016 - 17 Annual Report................................................................................... 101

13.2            Internal Audit Committee Annual Report 2016/17........................................... 101


Council 22 November 2017

Item 13.1

 

13.1. 2016 - 17 Annual Report     

 

Council’s 2016-17 Annual Report is presented for the information of Councillors.  The report is required to be lodged with the Office of Local Government by 30 November 2016.

 

Director Strategy and Business Services  

 

Background

Each year Council is required to produce a comprehensive Annual Report that provides details on the organisation’s activities and finances over the period of the previous financial year.  The NSW Office of Local Government provides Guidelines for the development of the Annual Report and requires a copy of the report for its records.

The Annual Report is one of the key points of accountability between Council and our community.  Under the Integrated Planning and Reporting framework, the Annual Report focuses on Council’s achievements towards the Community Strategic Plan, and also includes some information that is prescribed by the Local Government (General) Regulation 2005.   Council’s Audited Financial Report is provided as an Attachment to the Annual Report. 

The Report highlights achievements against the Delivery/Operational Plan by theme area with an overview of projects along with an itemised update against the adopted 2016-2017 Operational Plan by Council service areas.

Issues

Legal /Policy

For the purposes of section 428 of the Local Government Act 1993 (the Act):

(1) Within 5 months after the end of each year, a council must prepare a report (its
"annual report" ) for that year reporting as to its achievements in implementing its delivery program and the effectiveness of the principal activities undertaken in achieving the objectives at which those principal activities are directed.

(2) The annual report in the year in which an ordinary election of councillors is to be held must also report as to the council's achievements in implementing the community strategic plan over the previous 4 years.

(3) An annual report must be prepared in accordance with the guidelines under section 406.

(4) An annual report must contain the following:

(a) a copy of the council's audited financial reports prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting published by the Department, as in force from time to time,

(b) such other information or material as the regulations or the guidelines under section 406 may require.

(5) A copy of the council's annual report must be posted on the council's website and provided to the Minister and such other persons and bodies as the regulations may require. A copy of a council's annual report may be provided to the Minister by notifying the Minister of the appropriate URL link to access the report on the council's website.

Clause 217 of the Regulation requires the following information to be included in the annual report:

                Details of overseas visits by councillors and council staff

                Details of mayoral and councillor fees, expenses and facilities

                Contracts awarded by the council

                Amounts incurred in relation to legal proceedings

                Private works and financial assistance

                Details of external bodies, companies and partnerships

                Details of the General Manager’s total remuneration

                Details of the total expenditure on Senior Staff remuneration

                Information on stormwater levies and charges

                Information on companion animals management

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

 

Community Engagement and/or Communications

The Annual Report is one of the key points of accountability between Bega Valley Shire Council (BVSC) and our community.  Through the promotion of this report, BVSC is able to demonstrate achievements, demonstrate financial transparency. 

Conclusion

2016-17 Annual Report has been prepared to comply with the legislative requirements and to overview the achievements against the adopted 2016-17 Operational Plan. The Annual Report is to be provided to the Office of the Local Government by 30 November 2017. It will also be published on the BVSC website from November 30 2017.

 

Attachments

Nil

 

Recommendation

That the 2016-17 Annual Report be endorsed and published on Bega Valley Shire Council website, provision of hard copies to Bega Valley Shire Council library branches and lodged with the NSW Office of Local Government.   

 


Council 22 November 2017

Item 13.2

 

13.2. Internal Audit Committee Annual Report 2016/17     

 

This is the fourth Annual Report of the Bega Valley Shire Council (BVSC) Internal Audit Committee (IAC), covering the activities of the Committee for the period July 2016 to June 2017.

 

Executive Manager Organisational Development and Governance  

 

Background

The Internal Audit Committee (IAC) was established by Council on 31 August 2009.

The overall aim of the Committee is to support and assist Council in providing a transparent and independent review process for its financial and enterprise risk management practices to ensure accountability to the community in the governance, management and allocation of resources.

This report outlines the role and activities of the IAC, which acts in accordance with the duties and responsibilities, set out in the BVSC Internal Audit Charter.

The purpose of this report is to summarise the internal audit activity throughout the financial year 2016/17 and to include an overall opinion on Council’s risk management, internal control and governance arrangements.

 

Attachments

1.          IAC Annual Report 2016/17

 

Recommendation

That Council endorses the Internal Audit Committee Annual Report 2016/17.

 


Council

22 November 2017

Item 13.2 - Attachment 1

IAC Annual Report 2016/17

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

  

 


Council

22 November 2017

 

Staff Reports –  Finance

 

22 November 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            Financial Statements......................................................................................... 101


Council 22 November 2017

Item 14.1

 

14.1. Financial Statements     

 

 This report presents to the public Bega Valley Shire Council’s (BVSC) financial statements for the year ended 30 June 2017.

 

Director Strategy and Business Services  

 

Background

Council’s Finance Statements for the year ended 30 June 2017 have been completed and in accordance with section 418(1) of the Local Government Act 1993 (the Act).

Council’s Auditor, NSW Audit Office has completed the audit of the financial statements for the year ended 30 June 2017 in accordance with section 415 of the Act. The financial statements include the general purpose consolidated accounts of BVSC and its controlled entities, the special purpose financial statements and the special purpose schedules.

The special purpose schedules detail the income and expenditure of BVSC’s business units, report on infrastructure and the permissible income (rating) calculation.

Public notices advising of this meeting and the public submission process were placed in Bega District News, Merimbula News Weekly and Eden Magnet.

In accordance with Section 420 of the Act, any person may make a submission in writing with respect to BVSC's audited Financial Statements or the Auditor’s report. The closing date for submissions is the 29 November 2017. Copies have been placed on public display at the Council Administration Building (Zingel Place Bega). A PDF copy can also be downloaded from BVSC website

Presentation of Financial Statements – Bega Valley Shire Council

Issues

Legal /Policy

Section 418(1) (a) of the Act requires BVSC to fix a date for a meeting where the Financial Statements are to be presented to the public.

Section 419(1) (b) of the Act requires BVSC to present the Financial Statements and Auditor's reports to the meeting on the date fixed, being 22 November 2017.

Strategic

BVSC has successfully lodged its Financial Statements within the statutory timeframe of 31 October 2017.

However, it is clear that the extra scrutiny and rigour of the audit process by NSW Audit’s Office has meant some other Councils had not met the 31 October deadline in 2016/17. According to advice received by BVSC, there was a drop in lodgements (even after excluding merger Councils) from 90% to 81%.

Notably, Councils have experienced the audit process taking longer, as a result of the NSW Audit Office overseeing audits for the first time in 2016/17. Councils including BVSC had to adjust to the new process of working through a contract auditor (RSM Australia Pty Ltd) rather than direct with the signing auditor. 

While the extra scrutiny and rigour of the audit process is supported, it should be noted this process required significantly more resourcing and deflected BVSC officers away from other operational tasks in the water and sewer, rating and finance areas.

There were no allowances to compensate Councils for the additional compliance costs of this process.

In addition to the extra resources required to complete the audit, the cost of the audit has also increased from prior years. The auditor has indicated the cost will be in excess of the anticipated audit fee of $68K (excluding GST). The NSW Audit Office is in the process of assessing the final costs. Last year’s audit fees for 2015/16 were $56K.  Without taking into consideration any further additional costs to BVSC which have yet to be determined, the increase in audit fees is more than 20%.

In contrast, IPART set the maximum increase to each Council’s general income for the 2017/18 financial year at 1.5%.

Going forward, this will continue to be issue as it is expected the level of scrutiny and rigour will only increase and require BVSC to improve its systems and processes to ensure compliance with the Australian Accounting Standards.

The NSW Audit Office has also indicated BVSC understated the value its assets by $2.4 million and depreciation expenses by $379,000 by not recognising Rural Fire Service (RFS) assets. BVSC disputes this interpretation by the NSW Audit Office.

Other issues raised by NSW Audit Office include the Provision for Land Fill Site Rehabilitation. The NSW Audit Office noted that management had not performed a reassessment of the provision. BVSC is in the process of engaging external consultants to undertake a strategic review of waste services costs to be completed by 30 June 2018.

Operational / Asset Management Plan

BVSC reassessed the fair value of its water supply and sewerage network assets at $305 million at 30 June 2017. The reassessment resulted in a decrease of $68 million (18.2%) to the carrying amount mainly due to:

·    Decrease in current replacement cost of components of water and sewer network assets.

·    Reassessment of Sewer Treatment plant assets.

The NSW Audit Office has noted BVSC will continue to value a range of complex physical assets that are inherently complex and susceptible to misstatement due to several judgements and assumptions. Also, large capital works programs, currently being undertaken by BVSC, create heightened financial reporting risks which could lead to significant financial reporting misstatements. The NSW Audit Office did not identify any significant exceptions.

Community Engagement and/or Communications

Public notices advising of the meeting to present the Financial Statements and the public submission process were placed in Bega District News, Merimbula News Weekly and Eden Magnet.

Financial and resource considerations

BVSC reported a consolidated operating surplus of $2.967 million.

The following graph provides a breakdown of the operating results for each of the funds.

 

BVSC's General Fund operating surplus result is significantly lower this financial year, as compared to the 2014/15 and 2015/16.

BVSC's Water Fund continues to be in deficit, which would indicate that it has yet to sustainably fund its level of service.

The following tables show the movements in revenue and expenditure from 2015/16 to 2016/17.

In the revenue table above, the most significant increase to BVSC’s income came from grants and contributions provided for operating purposes. Noting that BVSC received the Financial Assistance Grant prepayment of $3.415 million, which was included in 2016/17 financial year in accordance with Australian Accounting Standards.

The most significant increase to BVSC’s expenditure came from increases to materials and contracts expenses. The additional expenditure was used to complete BVSC’s asset maintenance and renewals programs.

However, the result also indicates BVSC’s reliance on government grants to fund its ongoing asset maintenance and renewal programs.

The following graphs show a percentage breakdown for each of the income and expenditure items as a percentage of their totals in 2015/16 and 2016/17.

 

 

 

The above graphs show that as a percentage of their totals, both rates and annual charges and employee costs have declined from 2015/16 to 2016/17.


 

 

The following table shows the movements in the balance sheet items from 2015/16 to 2016/17.

Conclusion

BVSC’s financial performance and position remains stable.

BVSC’s cash and investments increased from 2015/16 to 2016/17 by $3.725 million. Noting that BVSC received the Financial Assistance Grant prepayment of $3.415 million, which was included in 2016/17 financial year in accordance with Australian Accounting Standards.

BVSC’s operating result in 2016/17 was a surplus of $2.967 million. The net operating result for the year before grants and contributions provided for capital purposes was a deficit of $2.496 million.

Notably, there continues to be ongoing pressure placed on BVSC’s budget given the limited funding growth provided by IPART via the rate peg, which determines the maximum percentage amount by which a council may increase its general income for the year.

BVSC’s rating revenue will only increase in 2017/18 by $342,000, being the maximum allowable rating increase percentage of 1.5%.

While savings are being made to decrease the overall costs of employment, Council being predominately a service organisation, its employee costs make up 45% of its total costs (excluding depreciation).

Salaries and wages continue to increase via Award increases of around 2.5% per annum. This does not take into account increases via progressions within the Council’s Salary System and increased hours of work, penalty rates or shift or other allowances.

Based on BVSC’s current employment expenses of $25 million in the general fund, an increase in the Award of 2.35% for 2017/18 will incur additional costs of $587,500. In comparing the above increase to $342,000 collected from rates, BVSC has had to make savings in budget to fund the short fall of $245,500 in 2017/18. This demonstrates the increase to BVSC's rating income in 2017/18 was insufficient to cover employee costs, thereby leaving no further rates income to pay for other cost increases and/or for further asset maintenance or renewal programs. 

In 2018/19 and 2019/20, the Award provides for 2.5% increases in rates of pay for employees.

Without considering the additional cost imposts placed upon Council, it is clear the rate peg limit is not keeping pace with BVSC’s costs.

Other areas of savings will continue to be explored however without additional revenue BVSC will need to revise its levels of service.

A copy of the Financial Statements can be found at

 

 

Attachments

Nil

 

Recommendation

That Council note the tabled audited 2016/17 Financial Statements.

  


Council

22 November 2017

 

 

Councillor Reports

 

22 November 2017

 

16.1            Country Mayor's Association............................................................................. 101


Council 22 November 2017

Item 16.1

 

16.1. Country Mayor's Association     

 

Report on the Country Mayor’s Association held in Sydney on 3 November 2017.

 

Cr McBain, Mayor  

 

Baclgrpimd

I attended the AGM and Ordinary Meeting of the Country Mayor’s Association in Sydney on 3 November 2017.

Katrina Humphries – Mayor of Moree Plains Shire Council was elected unopposed to the Chairperson Role

Cr Michael Pearce, Mayor, Uralla Shire Council was elected to the position of Deputy Chairperson

The Executive Committee was then elected and consists of:

•             Cr Kristy McBain, Bega Valley Shire Council

•             Cr Jamie Chaffey, Gunnedah Shire Council

•             Cr Liz Campbell, Kempsey Shire Council

•             Cr Catherine Redding, Narrabri Shire Council

•             Cr Kathy Sajowwitz, Oberon Council 

•             Cr Peter Petty, Tenterfield Shire Council

Following the AGM, the Association heard presentations from:

1.         The Hon John Barilaro MP, Deputy Premier, Minister for Regional NSW, Minister for Skills and Minister for Small Business

Minister Barilaro said he wants t look at settling down the relationship between the State Government and Local Government and have a vibrant stronger sector in Local Government.  The Deputy Premier believes that Local Government should renew their push for recognition under the Constitution so that a new funding formula can be achieved which will see local councils properly funded by both levels of government.   The State Government is investing heavily in infrastructure with $73 billion over 4 years.   Business confidence is at an all-time high.   Hospitals are recipients of major funding, as is safe and secure water which has been allocated over $500 million.   Councils are identifying projects under the Regional Growth Funds.   Everybody shares not just the larger regional centres.   $50 million has been allocated to Councils affected by mining and a further $50 million is being spent on telco blackspots.   Joint Organisational Structures allowing Councils voluntary membership as well as associate membership of an organization if they are a full member of another Joint Organisation Structure was announced with the State Government funding positions within the JO’s. The State Government will look at further funding opportunities through the JO into the future.

2.         The Hon Melinda Pavey MP, Minister for Roads and Maritime and Freight

The relationship between the RMS and Local Government can be improved.  It needs to work more collaboratively with local government to get work done.   There will be an announcement at the end of November but there has been a 65% increase in road funds going to regional areas in the last few years.  The State Government is concentrating on east/west road improvements (Minister Pavey specifically mentioned Brown Mountain) as well as the traditional major highways.

3.         A Team from The Auditor Generals Office - Margaret Crawford, Auditor-General of NSW, Rod Longford, Principal Analyst Performance Audit, Caroline Karakatsanis- Director, Financial Audit

The Audit Office undertakes financial and performance audits as well as special reviews and compliance engagements.   The Auditor General does not comment on the merits of council or government policy or develop policy or guidelines for state or local government agencies   Its local government mandate is to financially audit NSW councils, perform performance audits and to report to parliament on the results of the audits.   This will provide greater consistency in financial reporting and auditing, value assets, and have an increased focus on IT controls.  There were a number of question put to the Auditor in terms of the increased cost to local councils from having the Auditor-General perform the audits, in some cases an increase of up to 50%. She took that on notice and will look at the charging regime into the future.

4.            Commissioner Mark Smethurst, NSW State Emergency Service

The current emphasis is to go from the old vision to the new vision. The old vision had 17 regions, antiquated training, individual budgets, and a short sighted approach.   There is now an organizational transformation, individual management model, program budget approach and a training overhaul.   Currently there are 8,300 volunteers with 200 staff.  The SES is working towards 20,000 volunteers to include corporate volunteers, spontaneous volunteers and community volunteers   The SES state headquarters has enhanced operational surge capacity, operational improvement (radio replacement, improved warning systems etc) with opportunities of command and control review, greater cooperation between councils, SES, RFS and less duplication, community engagement and a flood data access program. The message was very much that SES has to move with the times and look at the regulations around volunteering and sharing resources with other organisations to enhance their operations.

The general business of the Association included:

(a)          Minister for Local Government

RESOLVED That the Premier be requested to recognize Local Government through the appointment of a Minister for Local Government that only has Local Government responsibilities (Yass Valley Council / Singleton Council)

(b)          National Parks and Wildlife

RESOLVED That the Association write to the Minister for Regional New South Wales outlining the unnecessary practice of the NPWS to purchase whole properties of large productive lands that contains some ecologically important land considered for purchase and the Minister be asked to reinforce the Upper House Enquiry into the use of Productive Land and the issue of buyer security offsets of mining land (Carrathool Shire Council / Tenterfield Shire Council)

(c)           Truck Washes

RESOLVED That the Country Mayors Association of NSW requests the State Government to provide additional funding to fund Truck wash facilities around the State of NSW that will allow these much needed developments to occur in the best interest of bio-security, the environment and traffic safety (Goulburn Mulwaree Council / Yass Valley Council)

(d)          Red Gum Forestry Industry

That NSW Country Mayors Association lobby the State and Federal Governments to make the legislative and regulatory amendments as are necessary to enable the re-establishment of a sustainable red gum forestry industry in the recently proclaimed National Park forests especially in the Murray River Council and adjacent Council areas. (Murray River Council / Carrathool Shire Council)

(e)          Recycling

RESOLVED That the Association seek urgent advice from the Minister for Local Government to the suggested emerging market crisis for the recyclying industry that China is not an option for buying recycled products and the issues for NSW (Singleton Council / Gilgandra Shire Council)

(f)           Transport Strategy 2056

RESOLVED That the Association request the Minister for Transport and Infrastructure to extend to February 18 2018 the closing date for the Transport Strategy 2056 as there has been minimal consultation and there is a need for input from associated plans such as the Ports Plan and Tourism Plan (Yass Valley Council / Parkes Shire Council)

(g)          FAG Grants

Lithgow City Council would like listed at the next meeting the reduction in the per capita component of the grant being reduced from 30% to 14%

(h)          Forestry Corp Unrateable Land

A meeting of rural mayors are meeting in collaboration with LGNSW with the State Government this afternoon   Oberon Shire Council will report back to the next meeting

 

Attachments

Nil

  


Council

22 November 2017

 

 

Notices of Motion

 

22 November 2017

 

18.1            Wallaga Lake Entrance Management Policy.................................................... 101


Council 22 November 2017

Item 18.1

 

18.1. Cr Tony Allen - Wallaga Lake Entrance Management Policy
       

 

Background

Following representations from community members I present the following notice of motion.

Cr Tony Allen

 

Attachments

Nil

 

Notice of Motion

That Council officers present a report to Council which examines the opportunity to amend the timeframes associated with the 1.1 m secondary opening trigger for Wallaga Lake.

 

   


Council

22 November 2017

 

 

Questions On Notice

 

22 November 2017

 

19.1            Cr Fitzpatrick - Further Question regarding Woodlands Lane, Bald Hills......... 101

19.2            Cr Bain - Advertisement of Waste Changes FOGO........................................... 101


Council 22 November 2017

Item 19.1

 

19.1. Cr Fitzpatrick - Further Question regarding Woodlands Lane, Bald Hills     

 

Response to further Question on Notice from Cr Fitzpatrick regarding upgrade of a Crown Road and Bridge and rezoning of land at Woodlands Lane, Bald Hills

 

Acting Director Transport and Utilities  

 

Background

At the Council Meeting on 11 October 2017, Cr Russell Fitzpatrick asked that following on from the response provided to his question at the Council Meeting of 20 September, that until such time as the road and bridge works are fully funded and constructed Woodlands Lane will remain the responsibility of the Crown, is it now possible to negotiate with Crown Lands for a possible road upgrade and bridge construction by Crown Lands for hand over to Council (Item 20.2).

An interim response was provided to Councillors on 30 October 2017, pending confirmation from Crown Lands. A copy of the interim response is attached.

Crown Lands Advice

An email was subsequently received from Crown Lands, advising:

“…the Crown does not see itself as a roads construction authority, does not construct or preside over the construction of Crown roads nor does the Crown undertake any maintenance of the Crown road network.”

 

Attachments

1.          Interim response to Councillors regarding further Question on Notice from Cr Fitzpatrick Woodlands Lane, Bald Hills

2.          Response to initial Question on Notice from Cr Fitzpatrick regarding Woodlands Lane, Bald Hills reported to Council Meeting on 11 October 2017

 


Council

22 November 2017

Item 19.1 - Attachment 1

Interim response to Councillors regarding further Question on Notice from Cr Fitzpatrick Woodlands Lane, Bald Hills

 


Council

22 November 2017

Item 19.1 - Attachment 2

Response to initial Question on Notice from Cr Fitzpatrick regarding Woodlands Lane, Bald Hills reported to Council Meeting on 11 October 2017

 


Council 22 November 2017

Item 19.2

 

19.2. Cr Bain - Advertisement of Waste Changes FOGO     

 

Response to a Question on Notice from Cr Bain regarding Council’s communication rationale about its FOGO project.

 

Acting Director Transport and Utilities  

 

Background

At the Council Meeting on 1 November 2017, Cr Robyn Bain requested clarification on published information about the upcoming FOGO project.

Waste FOGO communications strategy

In response to the questions on notice from Councillor Bain regarding our current communication rationale:

Who is the target audience?

The target audience is all residents affected by the introduction of FOGO.  We are using a mixture of traditional print media and social media to capture a broad demographic. The Communication Plan covers a twelve month  information and education plan. Early stages aim to drive as much traffic to the Waste App as possible. This is not at the exclusion of other print media and information sources.

What is the message you are trying to convey?

It is important to build recognition of the word FOGO as we lead into Stage 2 of the communications program, due to start in November 2017. Hence we have kept a simple message in the public arena – FOGO is a GOGO – and directed people to the channels where they will be able to source the most accurate and up-to-date information about the new bin collection service.  Those channels are the Council website and the Waste APP.

We do not want people to take any action or preparation at this stage for the service, given it is still some time before it starts. However we want to ensure the community have heard of FOGO and know that it is coming to the Bega Valley.

There will be three main stages of the information and education program and short reports on these will be presented to Council. All information will also be available via print media and a range of other sources such as television and radio.

Why is there no contact number?

The exclusion of the phone number at this stage of the communications program was planned.

The approach directs people to download the Waste APP or to Council’s website, rather than to call Council.  It is desirable that as many residents as possible use the Waste APP by 1 July 2018, as the bin collection changes will affect many residents (12,000 at a minimum).  The Waste APP will easily show residents ‘which bins, which week’. 

Experience has taught us that significant changes to services can cause a significant increase in customer contact. Rather than directing enquiries to Council via phone, we need to keep the contact centre channel open to those who cannot access the information through any other channel.  Additionally, the Waste APP and Council’s website contain ‘the facts’ in a clear and concise format.  Information cannot be miscommunicated using these channels.

The 2016 Sensis Social Media Report data (attached) shows many elderly residents do use technology, however to compliment technology and as part of the overarching FOGO Communications Plan, an information brochure is currently in the design stage and will be made available from December to all residents who visit libraries, tips or Zingel Place front counter. As noted above the program will also include television, radio and print media roll out.

In conclusion, the Waste Team have prepared a FOGO communications presentation for senior staff which includes both a FOGO Project Plan with an accompanying Communications Plan.  The project has been well considered and ensures the whole community receives the information they need. Reports on the stages of the program will also be presented to Council.

 

Attachments

1.          2016 Sensis data showing use of technonlogy

 


Council

22 November 2017

Item 19.2 - Attachment 1

2016 Sensis data showing use of technonlogy

 

      


Council

22 November 2017

 

Confidential Business

Adjournment Into Closed Session

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

 

Recommendation

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

21.1    Organisational Structure - senior staff positions

Reason for Confidentiality

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