Agenda of Council - 11 April 2018

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 11 April 2018

Item 6.1

6.1. Reedy Swamp and Tathra Fire - response and recovery

Cr McBain, Mayor

Officers Recommendation

1. That Council formally extend its support and thoughts to the members of our community who have been impacted by the recent fires and to the broader Tathra community.

2. That Council extend its formal thanks to emergency services, support agencies, community members and Council staff who have worked so tirelessly in responding to the recent fires and looking after people through the fire incident response, evacuation and re-entry process.

3. That Council formally resolve its support for the recovery process and thank the Premier, The Hon Gladys Berejiklian, local member The Hon Andrew Constance, Minister for Transport and Infrastructure; the Minister for Police and Emergency Service The Hon Troy Grant and the Recovery Coordinator Euan Ferguson AFSM and his team for their personal, financial and professional assistance during the past month; the Governor of NSW; the Prime Minister, The Hon Malcolm Turnbull and Senators Jim Molan and Angus Taylor for their support and financial support for mental health.

4. That Council formally acknowledge the offers of support and donations of goods and financial support from so many groups, agencies and individuals.

Background

Sunday 18 March 2018 was hot and windy and temperatures escalated. A fire which started in the Reedy Swamp area quickly escalated, exhibiting erratic behaviour and fuelled by the heavy winds.

The response to the incident was led by the Rural Fire Service (RFS) with their Incident Controller managing the response to the fire. The Emergency Operations Centre (EOC) was established and an intense period of activity commenced. The work of the members of the EOC and the Incident Management team was nothing short of incredible.

Emergency services response and mammoth efforts saw Tathra evacuated in under an hour. Critically and most importantly there were zero fatalities and minimal injuries.

Council staff has been critically involved in every aspect of the incident response and now are focussed on the recovery activities which we expect to run for many months.

Sixty five (65) houses were lost and 48 damaged and through the work of emergency services and locals, 810 houses were untouched.

Four facilities and 35 caravans were destroyed, 6 caravans sustained damage, 276 caravans were untouched.

Thirty five (35) outbuildings were destroyed, 12 damaged and 96 untouched.

The Bega Showground was opened as an Evacuation Centre on the day of the fire and operated until 8.00pm on Wednesday 21 March. The total registrations at Bega Showground were 832, with around 160 placed in accommodation. A non official evacuation centre was established at the Bermagui Surf Club and Sports Centre also on 18 March with total registrations of 327 and this Centre closing on Monday 19 March.

Offers of support from our colleagues in local government, State agencies, community and non-government organisations, businesses, sporting codes and individuals has been nothing short of overwhelming. This support is to assist with the recovery now and into the foreseeable future.

The response from the NSW State Government was immediate and appropriate. The visit by the Premier, the Prime Minister and the day to day presence of our local member The Hon Andrew Constance was critical and very much appreciated. The NSW Governor General David Hurley, AC, DSC, also visited and other politicians came to offer support and compassion to our residents. These included:

· Prime Minister Malcolm Turnbull

· Senator Jim Molan AO, DSC

· Hon Angus Taylor, Minister for Law Enforcement and Cybersecurity

· Hon Mike Kelly AM, Member for Eden-Monaro

· Hon Bill Shorten, Leader of the Opposition

· Luke Foley MP, Leader of the Opposition (NSW)

The Premier's announcement so early in the process of her appointment of Euan Ferguson, AFSM as the Recovery Coordinator has been key to our being ready to assist as quickly and appropriately as possible.

The most important aspect of this incident was the impact on people. Our community is resilient and we care for each other and look out for each other, we are a Bega Valley family. Tathra is a small family within this larger one. I personally have been humbled by the way in which our people in our community have responded to this incident and are working together to rebuild lives.

We will continue to work through the recovery process with the Recovery Centre in Bega operated and manned with Council staff and other services offering support over every imaginable sort to people and businesses. The recovery period will be many months but I am committed with the General Manager, Councillors and staff to be there for our community for the long haul and to “build back better” in Tathra.

Attachments

Nil

Council 11 April 2018

Item 9.1

9.1. DA No. 2016.472: Section 82A Review of determination - Lot 28 DP 1107525 K B Timms Drive, Eden - 5 lot subdivision

Director Community, Environment and Planning Anthony Basford

Applicant	K Pongratz
Owner	K Pongratz
Site	Lot 28 DP 1107525 K B Timms Drive Eden
Zone	Part E2 – Environmental Conservation, Part R5 – large Lot Residential and Part R2 – Low Density Residential
Site area	45.3 ha
Proposed development	5 lot subdivision

Precis

Council received a request under Section 82A of the Environmental Planning and Assessment Act 1979 to conditions 13, 15, 17, 24(a) and 24(b) of Development Consent No 2016.472.

The matter was previously reported to the Council meetings of 20 September 2017 and 13 December 2017, and has been the subject of a Councillor site inspection. Further a workshop involving the applicant, Council officers and Councillors was held on 31 January 2018.

The request for review is recommended for determination as outlined below.

Officers Recommendation

1. That a Notice of Determination pursuant to Section 122 of the Environmental Planning and Assessment Regulation 2000 be issued as detailed below:

(a) That Condition 8 is modified to read:

“The development must be provided with overhead electricity infrastructure. A Notification of Arrangement letter issued by the relevant electricity supplier is to be obtained and forwarded to the Principal certifying Authority prior to the issue of a subdivision certificate.”

(b) That Condition 13 is retained without modification.

(d) That Condition 17 is retained without modification.

(e) That Condition 24(a) is deleted.

(f) That Condition 24(b) is deleted.

Executive Summary

Background

On 15 June 2017 Council approved a 5 lot subdivision of the land subject to the conditions outlined in Development Consent 2016.472. The subdivision comprised four large residential lots and a residue lot containing the balance of the Eden Cove Estate.

On 31 July 2017, the applicant sought a formal review of conditions 8, 13, 15, 17 and 24(a) and (b), pursuant to Section 82A of the Environmental Planning and Assessment Act 1997.

The matter was reported to Council at its meetings held on 20 September 2017 with a staff recommendation as follows;

“1. That the applicant be advised that in determining the request to seek a review of specific conditions detailed in Development Consent 2016.472 dated 16 June 2017 Council has resolved the following:

a. That Conditions 8, 13, 15 and 17 be retained without amendment for the reasons nominated within the Council report dated 20 September 2017.

2. That Council resolve on the appropriateness of Conditions 24(a) and (b) and advise the applicant accordingly.”

At its meeting Council resolved:

That Council defer the matter for an on-site visit and further report to Council.

A site inspection with Councillors was conducted on 8 November 2017.

A further report was presented to the Council meeting on 13 December 2017 with the staff recommendation:

· That Condition 8 be amended to read:

“The development must be provided with overhead electricity infrastructure. A Notification of Arrangement letter issued by the relevant electricity supplier is to be obtained and forwarded to the Principal Certifying Authority prior to the issue of a subdivision certificate.”

· That Condition 24(b) be amended to read:

“The intersection of Government Road with the Princes Highway shall be designed and constructed to satisfy the minimum standards for a BAR/BAL intersection treatment as set out in the Roads and Traffic Authority’s “Road Design Guide”, including the requirement for Safe Intersection Sight Distance for a 70 km/hr design speed in the Princes Highway.”

· That Conditions 13,15,17 and 24(a) not be amended

It should be noted that the applicant has indicated, in writing, that Conditions 13 and 17 have been clarified to their satisfaction and amendment is no longer sought.

A workshop was held with Councillors, the applicant and Council officers on 31 January 2018 to discuss Conditions 15, 24(a) and 24(b) and this report addresses the discussions at the workshop and further review of the appropriateness of the Conditions by Council staff.

Description of the proposal

The requirements of Conditions 15, 24(a) and 24(b) are outlined below followed by staff recommendation including comments from the Acting Director Transport and Utilities Group:

Condition 15 states:

“Prior to the issue of any subsequent subdivision certificate, documentation shall be submitted to Council confirming that any and all works associated with the subdivision will not adversely impact on the integrity of aboriginal archaeology on the subject land and/or on land in the immediate locality.”

Comment:

The Condition was imposed based on the information contained within the Archaeological assessment which was carried out as part of the Eden Cove Master Plan process Cove .The findings of the assessment identified a number of sites/potential sites within Eden Cove which warranted further investigation.

A review of the assessment has indicated that whilst there are potential sites within proximity to the subject land there are no recorded archaeological sites on that area of the land covered by the proposed four large residential lots (Lots A, B, C and D) Further the scope of works in the Komirra Drive road reserve required by the consent are minor with minimal disturbance.

The consent contains conditions (Conditions 14 and 16) which places the responsibility on the applicant to ensure due consideration is given to potential impacts on Aboriginal archaeology and cultural heritage should it arise as part of the subdivision process.

Having regard to the above it is recommended that Condition 15 be deleted.

Condition 24(a) states:

“The following subdivision work shall be designed (Engineering Design plans submitted to Council for approval) and constructed in conformity with Council’s Subdivision Guidelines and Technical Specifications (or other documents formally adopted by Council) for the purpose of specifying standards for subdivision works as current at the date of the relevant Construction Certificate, and sound engineering practice:

Roadworks

a) The subdivider shall carry out pavement strengthening improvements in Government Road to accommodate traffic loadings arising from the subdivision including the following:

● Pavement strengthening and reconstruction between Komirra Drive and Palestine Creek;

● 6.4 metre wide bitumen sealed pavement with 0.6 metre wide bitumen sealed shoulders on both sides;

● 1.5 metre wide table drains;

● Constructed stormwater drainage (minimum pipe size shall be 450mm diameter),

● Erection of road name signs; and

● Installation of guideposts, protective fencing, and signposting, to the standards specified in the Roads and Traffic Authority’s “Road Design Guide”.

(Reason: to provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development.)

Comment:

The works required by the Condition are being undertaken by Council as part of the Government Road upgrading works currently under construction. The applicant is required to pay a Section 94 contribution of $37,511.00 as part of the subdivision approval.

It is recommended the condition be deleted.

Condition 24(b) states:

“The intersection of Government Road with the Princes Highway shall be designed and constructed to satisfy the minimum standards for a CHR/AUL intersection treatment as set out in the Roads and Traffic Authority’s “Road Design Guide”, including the requirement for Safe Intersection Sight Distance for a 70 km/hr design speed in the Princes Highway.

(Reason: to provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).”

Comment:

The impact of the subdivision on the intersection would be an additional four dwellings and the associated traffic movements. Having regard to the existing number of traffic movements at this intersection it is considered that the addition impact from four dwellings would be minor and does not justify the upgrade of the Government Road/Princes Highway intersection to the standard imposed by the Condition.

Any development of the balance of the Eden Cove Estate land would be subject to a development application and consideration by Council including impact on the intersection.

The Condition is recommended for deletion.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Additional costs have been incurred by Council as a result of the additional construction works not previously forecast in the 2017/2018 Operation Plan

Attachments

Nil

Council 11 April 2018

Item 10.1

10.1. Further Education Scholarships 2018

The Bega Valley Shire Council’s Further Education Scholarships 2018 are presented for awarding by Council.

Director Community, Environment and Planning

Officers Recommendation

1. That Council note the report.

2. That Council award six (6) Bega Valley Shire Council Further Education Scholarships; four (4) to the value of $1,000 and two (2) to the value of $500 (total allocation $5,000) to the follow awardees:

* Names embargoed for announcement at Council Meeting.

3. That officers advise all applicants of the outcome.

Executive Summary

Sixteen applications were received for Council’s Further Education Scholarships. A selection panel assessed the applications on their merit against the selection criteria. The panel’s recommendations of six (6) Scholarships totalling $5,000 are presented for Council’s adoption.

Background

Council has awarded Scholarships for students pursuing further education on an annual basis since 2009. The Scholarships support young people who are experiencing barriers to higher education and promote educational opportunities in the Shire. Through the Scholarships, Council aims to encourage young people to value education and assist them on their life/career journey.

Scholarships of up to $1,000 were available to students aged 17 to 26 years, studying full or part-time and living in the Bega Valley. Following feedback from young people involved in the selection panel in 2017, the name of the Scholarships was changed from Tertiary Scholarships to Further Education Scholarships in 2018, and the Scholarship criteria was amended to encourage participation from a greater range of young people. The revised criteria include broader study options and the applications received demonstrate that local young people are engaged in a range of course types, both online and face to face.

Applications closed on 9 March, 2018. Sixteen applications were received and thirteen were deemed eligible according to the Scholarship criteria. Two applicants were previous recipients of Council’s Young Women’s Scholarships.

All applicants demonstrated a desire to become successful in their vocational area of choice and were able to explain the financial hardships that can accompany a commitment to further education study.

An assessment panel, which included three young Council staff members, considered each application on its merit. Criteria included key motivating factors and/or goals for undertaking study, experience of financial hardship, and other barriers to education.

It is proposed the Scholarships will be awarded by Council in May 2018 with families and friends invited to the presentation.

Community Engagement In line with the Communications and Community Engagement Plan, the Scholarships were widely promoted across the Shire through social media, directly to community organisations, and through educational institutions operating in the Bega Valley.

Council’s Youth Voice and Youth Action initiative recognises the potential for young Council officers to be further engaged in the development and revision of Council’s policies and programs. In line with this, young officers, aged under 26, (from Planning Administration, Finance, Engineering and Survey Design) participated in the assessment panel facilitated by a Community Development Officer. The process enabled panel members to reflect on their own recent further education experiences, financial and other challenges when considering the merits of each application.

Financial and resource considerations

Funding source		Amount
Further Education Scholarships budget – General Fund	$	5,000

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Scholarships address Outcome 4.1 in the Liveability section of the Bega Valley Community Strategic Plan 2030:

4.1 Young People are involved in all aspects of local life - including Civic Leadership, Business, Education and Volunteering.

The Scholarships and assessment process directly address ongoing actions set out in the Delivery Program 2017 – 2021 and the Operational Plan 2017-2018, Community Development program; implement Youth Voice and Youth Action initiatives; and deliver Council’s Tertiary and Young Women’s Scholarship.

Social / Cultural

Council’s Scholarships are a positive way to promote the value of, and opportunities for, education in the Shire and to encourage young people in their life/career journey.

The involvement of young people in the selection process provides them with opportunity to make a contribution to the process, and to develop their skills and experience in decision making and governance.

Attachments

Nil

Council 11 April 2018

Item 10.2

10.2. Funding opportunities under the Regional Sports Infrastructure Fund

An opportunity exists for Council to seek grant funding under the Regional Sports Infrastructure Fund for the Bega Valley Regional Sporting Hub and the Bega War Memorial Pool renewal

General Manager

Officers Recommendation

1. That Council note the changes to the guidelines of the Regional Sports Infrastructure Fund (RSIF), specifically the requirement for a co-contribution of 25% of the total grant amount.

2. That Council delegate the authority to the General Manager to proceed with project applications to the NSW Government’s Regional Sports Infrastructure Fund (RSIF) for the Bega Valley Regional Sporting Hub (Bega and Pambula Sportsgrounds) and the Bega War Memorial Pool redevelopment.

3. That should the funding applications be successful, that staff provide a further report detailing options for Council to meet the requirement to contribute 25% of the grant funding offered, which may include the use of Special Rate Variation revenue to service loans.

Executive Summary

The Regional Sports Infrastructure Fund (RSFI) is part of the NSW Government’s $1.3 billion Regional Growth Fund, established to create spaces and facilities that enable communities to enjoy and take part in sport. The fund is designed to support new and existing venues to improve participation and performance in sports at all levels. The fund is a great opportunity for Council to progress with major sporting infrastructure renewal and upgrades that deliver the best regional outcomes for the community and looks to see best possible value for money is achieved.

An Expression of Interest was submitted in December 2017 for the Bega Valley Regional Sporting Hub project, which would see the delivery of the facilities and amenities identified in the Council adopted Bega and Pambula Sportsground Masterplans.

On 14 March, Council received an invitation to proceed to the next phase of the assessment process for this fund, which requires the preparation of a detailed business case for the project. There have, however, been changes to the fund guidelines since the lodgement of the EOI which now mean that, should the grant application be successful, Council will need to make a co-contribution of 25% of the grant amount.

This report provides an update to Council on the revised fund requirements and seeks endorsement for staff to continue to pursue funding opportunities under the Regional Sports Infrastructure Fund (RSIF) for the Bega Valley Regional Sporting Hub and the redevelopment of the Bega War Memorial Pool.

Regional Sports Infrastructure Fund

The Regional Sports Infrastructure Fund is a great opportunity for Council to progress with major sporting infrastructure renewal and upgrades. Council’s EOI was submitted based on the original fund guidelines; however on 2 March 2018 notification was received from the Office of Sport that the funding guidelines had been reviewed and amended with the following being key changes:

· Maximum $10 million grant funding available per project

· Requirement for organisations to contribute 25% of the grant amount

· Removal of the need for a benefit to cost ratio above 1.0, enabling projects to be assessed based on the full range of benefits that sporting facilities bring to regional communities, and not solely economic benefits.

Bega Valley Regional Sports Hub

Since Council’s adoption of the Bega and Pambula Sportsground Masterplans in 2016, staff have been looking to identify grant funding sources to enable these projects to come to fruition. The NSW Regional Growth Fund presents a wonderful opportunity with a specific regional sports infrastructure stream. In December 2017, staff submitted an Expression of Interest to the Office of Sport for the creation of the Bega Valley Regional Sporting Hub, a project which would see the delivery of the facilities and amenities as detailed in the masterplans.

On 14 March 2018, Council received notification that the Bega Valley Regional Sporting Hub project proposal could proceed to the next phase of the assessment process, being the preparation of a detailed business case. To do so would however mean compliance with the revised guidelines, with the key impact on project costing, specifically the need for Council to contribute 25% of any grant amount secured.

In simple terms the project cost, with contingencies, project management and escalation costs factored in, is in the order of $12.5 million. Should the maximum grant amount of $10 million be awarded to Bega Valley Shire Council, the co-contribution commitment would be $2.5 million.

Bega War Memorial Pool redevelopment

In 2016, Council commissioned an Aquatics Facilities Review, the aim of which was to “Develop a strategic document which will provide direction on provision, value, costs, opportunities, risk management and the future asset renewal of aquatic facilities. It will become the key tool to direct the ongoing provision of aquatic facilities in the shire to best meet the needs of the community.”

On 22 November 2017, Council adopted the following goal for Aquatic Facilities “To have a fit for purpose six pool aquatic strategy that maximises opportunities for the community and visitors to participate and enjoy facilities that meet legislative and compliance requirements and have pools that are operating at modern standards”.

Following a Councillor workshop on 14 February 2018 staff are in the process of finalising a discussion paper to consultant with the community on delivery of the adopted goal for aquatic facilities.

One item that has become clear through Council’s asset management planning and undertaking of the aquatic facilities review is that a key element in working toward the adopted aquatic facilities goal will be renewal and upgrade of Bega War Memorial Pool. The pool is close to 60 years old and is not to modern standards. This is a second major project that could benefit from the Regional Sports Infrastructure Fund (RSIF).

To be eligible for the funding an expression of interest will need to be submitted to the Office of Sport by 4 May 2018. Further project concept planning and costing will be an essential inclusion in that EOI submission. Initial project costing for the Bega War Memorial Pool to be upgraded to a modern district level facility included in the Aquatic Facilities Review was for $8.5m. To meet the fund requirement of a 25% contribution the BVSC contribution will be $2.125m

To take advantage of potential funding opportunity available from the NSW government, it is proposed that staff engage consultants to develop concept plans which align with feedback on Bega War Memorial Pool received during the Aquatic Facilities Review and directions from the funding guidelines and the NSW office of Sport. This will enable the lodgement of an expression of interest with the Office of Sport by 4 May 2018.

The same concept plans and information will then be used to gather feedback further from the community in development of a final concept plan for the upgrade of Bega War Memorial Pool.

Should the expression of interest be favourably received by the funding provider and an invitation to proceed to detailed business case development, a further report to Council will be prepared by staff to confirm the BVSC contribution amount, options to attain the funds and what future commitments will be required.

Community Engagement

Consultation undertaken

In relation to the Bega Valley Regional Sporting Hub project, extensive community consultation was undertaken in preparation of the sporting complex masterplans for Bega and Pambula, which were adopted by Council in 2016. Staff are continuing continue to engage with stakeholder groups in relation to the design and functionality of the proposed Bega Indoor Sports Building project; which is the major single element in the Bega Regional Sports Hub project.

There was good level of consultation and engagement undertaken on the Bega War Memorial Pool as part of the 2016 Aquatic Facilities Review. That engagement included:

· Community awareness raising through media release

· Interviews with pool staff and contract managers

· Briefings with Councillors

· Meetings with pool user groups and other stakeholders

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

· Survey of pool patrons available for a period of 4 weeks at each pool

· Survey of schools.

This feedback provides a good basis for the development of concept plans for the upgrade of Bega War Memorial Pool.

Consultation Planned

There will be further consultation with, and information to, the community as the projects develop. Consultation and engagement will be undertaken with key users groups for major multi-use elements within the project scopes. Stakeholder groups will be notified as other elements progress. It is important to note that the funding guidelines need to be met and the projects scopes developed with these funding requirements in mind.

Council staff have also received encouraging feedback from the Office of Sport, in relation to the Bega Valley Regional Sporting Hub EOI, with the project being reviewed by the assessment panel as being ‘above average’ in terms of meeting the fund assessment criteria of (which is based on strategic alignment, affordability and deliverability). Advice on key areas of work in developing the business were:

· The level of BVSC contribution toward the project

· More developed information on project partners

· Highlight the full range of benefits the project will deliver to the community

· Letters of support from state sporting bodies

Financial and resource considerations

The preparation of an Expression of Interest to the RSIF for the renewal of the Bega War Memorial Pool will require project scoping, concept design and cost planning. Staff intend to build on the work undertaken through the Aquatics Facilities Review, completed in November 2016, to prepare a scope of works and probable costings for further community consultation.

Should the EOI be favourably received by the funding provider, staff will develop a detailed business case for the facility renewal and will undertake further community engagement to help refine the community need and scale of the project.

The cost for undertaking this preliminary concept design and cost planning is anticipated to be in the order of $50,000, which is proposed to be funded through the Public Domain Special Rate Variation.

Should one or both of the funding applications be successful, it is proposed to review Council’s options to service the contribution requirement. This may include the use of revenue from the Recreation Facilities Special Rate Variation (or a future SRV) to service a loan to cover Council’s required commitment of 25% of the grant amount.

It needs to be noted that progressing with the grant projects as proposed will result in a long term commitment (nominally 10 years)for use of a portion of the Recreation Facilities Special Rate variation. However the Regional Sports Infrastructure Fund is presenting a unique opportunity for the community to benefit from significant grant funding to go toward projects that relate directly to both an asset management renewal and upgrades which will see facilities align directly with current needs and expectations and in-turn improve participation and performance in sports at all levels.

Funding source		Amount
Bega War Memorial Pool redevelopment Concept design and costing (Public Domain SRV)	$	50K
Bega Valley Sporting Hub – Regional Sports Infrastructure Fund Grant Application	$	10M
Bega Valley Sporting Hub - BVSC Contribution	$	2.5M
Bega War Memorial Pool Redevelopment – Regional Sports Infrastructure Fund EOI	$	6.4M
Bega War Memorial Pool Redevelopment - BVCS Contribution	$	2.1M

Legal /Policy

The use of SRV revenue to service loans for infrastructure delivery is permissible under the terms of the current Recreation Facilities Special Rate Variation approval granted by IPART.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

An important element of the feedback received from the NSW Office of Sport on the EOI submitted for the Bega Regional Sporting Hub project was its strong alignment to strategic planning of both Council and state government agencies.

The following actions are included in the Council Delivery Plan 2017 – 2021.

· Identify and apply for grants and funding to support Council approved leisure and recreation projects.

· Implement the priority actions of the Regional Sporting Facility Master Plans for Bega and Pambula Sporting Complexes.

· Undertake priority actions identified in the Bega Valley Shire Aquatic Facilities Review

· Undertake business, feasibility and funding assessments prior to beginning detailed planning for major upgrade projects

It should be noted that progressing with the grant projects as proposed will result in a ten year commitment for use of a portion of the Recreation Facilities Special Rate Variation. However the Regional Sports Infrastructure Fund presents a unique opportunity for the community to benefit from significant grant funding toward projects that have been identified in Council’s adopted Delivery Program 2017 – 2021 and relate directly to both an asset management renewal and upgrades which will see facilities align more directly with current needs and expectations and in-turn improve participation and performance in sports at all levels.

The works forecast in the adopted Bega and Pambula Sportsground masterplans and the redevelopment of the Bega War Memorial Pool are Council endorsed projects and form part of Council’s Infrastructure Prospectus.

Risk

The key risk relates to Council’s ability to meet its funding obligations under the grant program. There will be means to meet this requirement, such as a loan/s financed by a proportion of the Recreation Facilities Special Rate Variation.

A secondary risk could be completed projects not aligning with community needs. The completed master planning and aquatic facilities review work done to date has provided good direction to work with which will see this risk managed. Further consultation will be undertaken as major project elements progress.

Attachments

1 ⇩. Regional Sports Infrastructure Fund Guidelines 2018

Council 11 April 2018

Item 10.3

10.3. Twyford Hall Incorporated Request for Financial Support

The purpose of this report is to outline options in responding to the Twyford Hall Inc. request for funding assistance to advance the Theatre Twyford proposal and to seek Council’s direction.

Director Community, Environment and Planning

Officers Recommendation

1. That the report be noted.

2. That Council contribute $20,000 towards consultant service fees for the update and expansion of the Business Case, update of the Cost Benefit Analysis, update of the construction costs, and audience analysis on the proviso the funds are matched by the Spectrum Theatre Group.

3. That the General Manager be authorised to identify and modify budgets to re-allocate funds towards the Twyford Hall Inc. request and report the re-allocation to Council.

4. That Twyford Hall Inc. be advised that this is a one off contribution to the Theatre Twyford project.

Executive Summary

On the 2 March 2018, following a meeting between the Mayor and Council officers, Twyford Hall Inc. (THI) wrote to the Mayor seeking a contribution of $20,000 toward the costs of professional services (estimated at $40,000 in total), required to continue to seek grant funding to build Theatre Twyford. No commitment to funding was made at this meeting.

On 8 March 2018 Council received a proposal from the Spectrum Theatre Group that they would pledge up to $20,000 to assist with additional costs to support the THI to progress their NSW Regional Culture Fund (RCF) application for the Theatre Twyford project with the proviso that Council would match the pledge.

This report seeks direction from Council on financial support for the project. Given the timeframes of the Round 2 applications for the RCF, Twyford Hall Inc. require a decision in April 2018.

Background

The THI have already invested substantial resources in developing the proposal and grant application to date, with the proposed Round 1 NSW RCF program scope incorporating the addition of a 200 seat professional raked theatre at a forecast cost of $7.4 million. There is no guarantee that additional investment in further developing the grant application for Round 2 will ensure success in being awarded project funding, as the RCF program is extremely competitive.

While the Round 1 submission was unsuccessful advice provided by the Cultural Infrastructure Project Management Office (CIPMO) assessors, recommended further remodelling of the proposal and documentation in order to increase the likelihood of success for Round 2 funding, with applications due by June 2018. The changed recommendations included: a reduction in the grant size; sustainability improvement remodelling of the business case; and the provision of evidence demonstrating the project is supported by the community. As such, consultant services for market research, business case development and quantity surveying, which amount to a total cost of $40,000, are required to strengthen the value of the submission. The TFI have also indicated they will seek other potential capital grant funding sources in addition to the Round 2 funding program. The proposal made to Council by the Spectrum Theatre Group is to donate $20,000 towards these consultant service costs and for Council to match this donation.

The cost breakdown for services as advised by TFI is as follows;

· Update and expand the 2017 Business Case ($15,000).

· Update the 2015 Cost Benefit Analysis ($5,000)

· Update of construction costs for inflation ($10,000)

· Audience analysis ($10,000)

The TFI contend that such a donation, on behalf of Council, will also demonstrate community support for the project and show that both parties (Council and the TFI) are working together to deliver valuable developments for our region.

The TFI have also advised the scope for the Round 2 bid will evolve by expanding Theatre Twyford into a multi-venue cultural complex for South East NSW, able to host shows and activities which compliment popular music and comedy shows already offered by local clubs.

Council has previously supported the TFI’s pursuit of funds by providing certainty of tenure through a 15 year Management Agreement, contributing to past kitchen upgrades, including the Theatre Twyford project in the Plan of Management for the site, and via Council Resolutions supporting the project.

Council has also supported the TFI in developing the site to accommodate two commercial tenancies that produce an annual income, which is conditioned as income reserved for the TFI to be re-invested as operational and capital expenditure reserved for the Twyford Hall Complex in accordance to the terms of the Plan of Management Agreement.

Options

1. Provide a $20,000 donation for the purposes outlined above to match the commitment made by Spectrum Theatre. This amount is unbudgeted and will need to come at the cost of not undertaking an approved budgeted item/project. The specific budget area has not been identified at this point in time, and recent events are going to put further strain on Council’s resources. The offer to match the Council funds from Spectrum Theatre is a generous offer that reduces the potential request by 50%.2. Decline the request noting the significant amount of community funds have already been spent on the planning phase of this project. Council’s support would then be articulated as non-financial assistance.3. Provide a loan to the value of $20,000 to be repaid over an agreed term. Council has previously provided loans to community groups for infrastructure projects.

Community Engagement

Consultation undertaken

The TFI undertook a community engagement consultation program as part of its Round 1 NSW Cultural Infrastructure Program funding application. Along with ABS and business attendance data, findings from this market research were used in the ‘Twyford Hall and Theatre Complex Cost Benefit Analysis’ report, August 2015.

On 26 February 2018 Council issued a media release outlining Council would chart a united way forward with the THI for the development of Theatre Twyford project.

Consultation Planned

The TFI will be undertaking additional market research as part of the Round 2 submission.

Council consideration of input

Council has formally considered proposals relating to the redevelopment of Twyford Hall at the following Ordinary Council Meetings:

· 16 August 2017 – 10.1 Theatre Twyford Project Request for Support

· 11 October 2017 – 10.2 Twyford Hall Future Management

Financial and resource considerations

As a project separately funded, operated and managed by the TFI under a Management Deed, Council will not be financially impacted other than for the cost value of the $20,000 financial donation contribution. No additional Council resources would be required. Council has not allocated a budget for this expense.

Funding source – Round 2 Consultant Services Fund		Amount
General fund request –To be confirmed	$	20,000
Spectrum Theatre Group Contribution	$	20,000

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Project aligns with the following Community Strategic Plan, Goals and Strategies;

Goal 1: We are cooperative, caring and enjoy a culturally rich community life.

Strategy 1: Collaborate with partners to provide and support opportunities for social interaction, 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.

Environmental / Sustainability

The project poses no environmental risk and the building is listed on the local Heritage Register. Planning constraints which control the building’s heritage value were successfully addressed as part of the project’s Development Approval.

Economic

In the ‘Twyford Hall and Theatre Complex Cost Benefit Analysis’ report, August 2015 it was stated there was a gap in entertainment provision which limits the potential of Merimbula to reach its doutcome as a tourism attractor. To improve Merimbula’s value-proposition appeal as a tourism destination, the likely net benefit of this would be an increase in economic activity for the local retail and hospitality sectors.

Risk

The key risk for Council in contributing towards consultant services to strengthen the business case is the competitive nature of the RCF program. Failure to secure funding would mean Council will not achieve a return on its investment.

Social / Cultural

As stated in the ‘Twyford Hall and Theatre Complex Cost Benefit Analysis’ report, August 2015 the primary aim of the project is to meet the artistic, social and cultural infrastructure needs of the community.

Attachments

1 ⇩. Twyford Hall Inc Request for Financial Assistance

2 ⇩. Letter from Spectrum Theatre Group

Council 11 April 2018

Item 12.1

12.1. Bega and Brogo Rivers Floodplain Risk Management Study and Plan Final Findings

The Bega and Brogo Rivers Floodplain Risk Management Study and Plan final report findings and recommendations are presented to Council for endorsement.

Acting Director Assets and Operations

Officers Recommendation

1. That Council endorse the findings and recommendations of the Bega and Brogo Rivers Floodplain Risk Management Study and Plan dated 19 March 2018 and the subsidiary Bega and Brogo Rivers Flood Study at Bega dated 6 June 2014 as the best available flood information and interim measures for use in managing the flood risk within the identified catchment area and for future emergency response planning.

2. That Council consider an amount of $105 000 from General Fund as part of the 2019-20 budget process to support a grant application to the 2019-20 Office of Environment and Heritage’s Floodplain Risk Management Programme to secure grant funding at a ratio of 2 State per Council dollar to allow scoping and feasibility investigation of high priority action implementation with a total approximate value of $313 000.

3. That a copy of the final endorsed Bega and Brogo Rivers Floodplain Risk Management Study and Plan be published on Council’s website, provided to Council’s Local Emergency Management Committee and the State Emergency Service for their information.

Executive Summary

Council engaged consultants Cardno to undertake a Floodplain Risk Management Study (FRMS) and Plan (FRMP) for the Bega and Brogo River catchments. The FRMS and FRMP were undertaken following the identification of flood hazards within the subject catchments with the completion of the Bega and Brogo Rivers Flood Study at Bega in June 2014.

The flood study and its corresponding data collection formed the initial stage towards development of a comprehensive FRMP for the identified catchments, in accordance with the NSW Floodplain Development Manual: the management of flood liable land, April 2005. The FRMS is the interim step after the flood study and prior to the completion of a FRMP. The completion and endorsement of the FRMP becomes the penultimate step in the floodplain risk management process prior to the implementation of the identified potential actions that can assist in managing flood risk for the identified catchments

Council has taken the initiative to carry out the FRMS and FRMP to assist with planning for and managing the risk the community faces from flooding with the assistance of a Floodplain Management Programme grant from the Office of Environment and Heritage.

The Office of Environment and Heritage (OEH) has supported Council by providing technical assistance and administering grant funding from the Minister for Police and Emergency Services for the project.

The FRMS and FRMP reports have now been completed and are ready for Council’s consideration and endorsement. The endorsed FRMS and FRMP will then form the best available information for managing flood risks within the identified catchments in accordance with the floodplain risk management process outlined in the NSW Government’s Floodplain Development Manual 2005.

Once endorsed, consideration should be given to the implementation of the FRMP into Council’s strategic documents subject to funding and feasibility constraints.

The FRMS for consideration is available here:

https://www.begavalley.nsw.gov.au/cp_content/resources/bega_brogo_rivers_final_FRMS(1).pdf

The FRMP for consideration is available here:

http://bv.lyte.link/f/3705/639F

Background

The Floodplain Management Programme supports the implementation of the NSW Government's Flood Prone Land Policy as outlined in the Floodplain Development Manual 2005.

The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities, as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.

The NSW Government recommends local Councils understand and manage their flood risk through the floodplain risk management process as outlined in the Manual.

The Floodplain Management Program provides financial support to Councils and eligible public land managers to:

· make informed decisions on managing flood risk by preparing FRMPs (and associated background studies) under the floodplain risk management process

· implement FRMPs to reduce flood risk to both existing and future development, and reduce losses through a range of property, flood and response modification measures as outlined in the manual

· provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.

Assistance under the program is normally offered by the State Government providing $2 for every $1 provided by local Councils.

The FRMS forms the second stage towards development of a comprehensive FRMP, in accordance with the NSW Floodplain Development Manual 2005. A flood study with its corresponding data collection process forms the initial stage of the floodplain risk management process described in the manual.

The NSW Office of Environment and Heritage supports Councils by providing funding and technical assistance for various floodplain management projects like floodplain risk management studies and FRMS.

The floodplain risk management options identified during the FRMS are essential for the development of the proposed FRMP strategies and recommendations. The identified structural and non-structural floodplain risk management options required modelling, cost-benefit analysis and community consultation before final inclusion in the proposed FRMP developed.

The purpose of a FRMP is to provide input into the strategic and statutory planning roles of Councils. It does not, by intent, purport to be the only document relevant to development of flood prone land. The management plan provides the type of information necessary for adequate forward planning for flood prone land.

Options

Council has 2 options available.

The first option is to endorse the documents and their recommendations and findings as best available information and measures in effectively managing flood risk within the identified catchments.

In doing so, Council should ensure that resourcing and feasibility considerations are taken into account as part of its long term planning, strategic goals and regular business processes as it moves towards implementation of the identified actions.

The 2^nd option is to not endorse the documents as best available information and accept the identified risks discussed further below.

The best option available is to endorse the findings and recommendations of the Study and Plan as best available information for the identified catchments.

A number of potential floodplain risk management options were identified in the FRMS and a multi-criteria analysis identified the top 12 for inclusion in the FRMP.

Community Engagement

Consultation with the community is an integral part of the FRMS and FRMP completion.

Consultation undertaken

At its meeting of 11^th October 2017, Council resolved to publicly exhibit the draft reports and the exhibition was closed during early November 2017. Media releases, radio interviews, community questionnaires and a public exhibition of the draft documents were undertaken during the FRMS and FRMP project. Details of the relevant community consultation activities may be found in Appendix A and B of the FRMS.

Consultation with State Government agencies such as OEH and the State Emergency Service; and residents within the Bega and Brogo River catchment areas was also completed using a variety of these activities.

Further, as per Council’s resolution at its meeting of 25 September 2013, a floodplain risk management focus group and technical sub-committee was formulated that comprised State agency, councillor, Council staff and community representatives. The Focus Group and its technical sub-committee provided input during the development of the FRMS and FRMP at periodic meetings.

Consultation Planned

The consideration of the FRMS and FRMP for endorsement and their subsequent publication on Council’s website form the final consultation activities for this stage of the floodplain risk management process.

At some subsequent future date as various actions near implementation, further consultation activities may be required during any corresponding detailed investigation and scoping process for any individual actions identified in the FRMP.

Council consideration of input

Council formally considers the FRMS and FRMP following a period of public exhibition of the draft reports, findings and recommendations.

The draft findings and recommendations are developed following initial community consultation to gather information. The final recommendations are then developed following any consideration of submissions received during the public exhibition of draft reports.

Nine submissions were received during the public exhibition period. The comments received from public exhibition were considered and taken into account in the completion of the proposed FRMS and FRMP for endorsement. The substance of some submissions necessitated some modifications to the draft documents placed on exhibition. Responses were provided to proponents where required.

Financial and resource considerations

It is anticipated that staff time will be expended in publishing the FRMS and FRMP to Council’s website following endorsement by Council.

At this point in time, other than staff resources, no financial resources are available for servicing the potential actions identified in the FRMP.

Once endorsed, consideration of budgetary allocations from General Fund will be required during Council’s next annual budget cycle. The item will be considered as a budget request in upcoming operational plan and budget reports.

Once Council endorses the FRMS and FRMP, actions within the FRMP also become eligible for funding from the NSW Government’s Floodplain Risk Management Programme via a competitive application process at a typical ratio of 2:1 State to Council dollars. The next round of grant applications is anticipated to open during early 2019. If the funding opens in 2019 it may be likely that Council’s contribution is not required until the 2019/20 budget cycle.

Similarly, once Council endorses the FRMS and FRMP, consideration of resource considerations should be taken into account in its long term financial plans and other strategic plans such as its Operational Plan and Delivery Program as per Council’s identified strategic goals discussed below.

Certain components of a FRMP can be implemented relatively quickly, others require additional investigations, design, and funding. It is unlikely that any FRMP could be implemented immediately in its entirety. Consequently, an implementation strategy is required to stage components depending on funding availability. Availability of funding will determine when mitigation works can commence. Whilst a priority of mitigation options has been identified in the FRMP, the availability of funding, strategic alignment or synergistic alignment with Council’s long term financial planning or asset programmes may define the actual order in which options are implemented.

Table 5-1 of the FRMP details the approximate capital and operational costs; and priorities of implementation.

The estimated cost of all options identified in the FRMP regardless of priority or feasibility is approximately $21 million dollars.

High priority options are estimated to be $313 000.

High and medium priority options are estimated to cost approximately $5.8m.

Structural options are estimated to cost approximately $15.4m.

Non-structural options are estimated to cost $5.8m.

Non-structural options excluding voluntary purchase are estimated to cost $1.3m.

Funding source		Amount
General Fund	$	Nil

Legal /Policy

The NSW Floodplain Development Manual April 2005 has been prepared in accordance with the NSW Government’s Flood Prone Land policy. It guides Councils in the development and implementation of detailed local Floodplain Risk Management Plans to produce robust and effective floodplain risk management outcomes. The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce public and private losses resulting from floods, utilising ecologically positive methods wherever possible. To achieve its primary objective, the policy provides for financial support and technical assistance from the NSW Government; emergency management and flood recovery programmes and the protection of Council’s, Government agencies and their staff against claim for damages resulting from their issuing advice or granting approvals on floodplains, providing such action was taken in accordance with the principles and guidelines in the Manual.

The Manual applies to floodplains across NSW, in both urban and rural areas.

The NSW government policy is implemented through development, adoption and implementation of floodplain risk management plans. Such plans inform planning controls such as Council’s adopted Bega Valley Local Environmental Plan (LEP) 2013 and the Bega Valley Development Control Plan 2013 (DCP).

The initial Bega and Brogo Rivers Flood Study at Bega June 2014 report findings and recommendations provided the technical basis required for the development of the current FRMS and FRMP. Part of the outcomes of the FRMS and FRMP were a review of and recommendations for a range of flood and response modification measures that will reduce flood risk. Typically, measures arising from a FRMS and FRMP include review of flood related planning and development controls, flood prone land policies.

The FRMS and FRMP contain a number of recommended management measures. The final mix of management measures were developed following consultation with the community.

If Council adopts the FRMS and FRMP, one of the management measures proposed is a change to the flood planning clause in the LEP. The proposed change will require an amendment to the LEP. Changes to the DCP are also recommended. Amendments to the DCP which are referable to the flood planning level will need to occur either after or around the same time with the amendment to the LEP. This is to ensure that the DCP provisions, insofar as they relate to the flood planning level, are not inconsistent with the LEP. DCP provisions cannot impose greater restrictions than those imposed under the LEP.

An amendment to the LEP will require the preparation of a planning proposal. Once approved by Council, the planning proposal needs to be submitted to the Department of Planning and Environment for a gateway approval. The Department may require further studies to be undertaken as part of that gateway approval. The planning proposal will then need to be advertised and public submissions considered. Accordingly, there is no certainty that the recommended amendments to the LEP will be implemented. Council will, however, still be able to take the FRMS and FRMP into account when considering development applications as part of its consideration of the public interest.

The FRMS and FRMP also recommend a change to the wording of Council’s planning certificates under s10.7 (formerly s149 of the NSW Environmental Planning and Assessment Act 1979). These certificates contain information as to how a property can be used and what planning controls and policies which arise from the FRMS and FRMP will need to be reflected on these certificates. The FRMS and FRMP suggests recommended wording for both s10.7 (2) and s10.7 (5) (previously 149(2) and 149(5)) planning certificates.

Presently, a number of properties are not subject to flood related planning and development controls. As a result of the FRMS, a number of properties which were not previously known to be within the flood planning area are now shown to be within that area. As a consequence of the FRMP, they may be subject to flood related planning and development controls. The fact that they are identified as being within a flood planning area will need to be identified on the planning certificates.

Planning certificates contain information as to how a property can be used and what planning controls and policies apply to land that may restrict development. The fact that land is within a flood planning area and any changes to existing flood related planning controls, flood related development controls or flood prone land policies which arise from the FRMS and FRMP will need to be reflected on those certificates.

Under s733 of the Local Government Act 1993, Council will generally not incur liability for advice given or things done or omitted to be done in good faith insofar as the advice or things relate to the likelihood of land being flooded. A council is taken to have acted in good faith, (unless the contrary is proved), if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles in the Manual.

Accordingly, Council needs to ensure that is has regard to the FRMS and FRMP when it is preparing planning certificates and accurately identifies if land is within a flood planning area and/or is subject to planning and development controls on the planning certificates.

The implications for Council in adopting the FRMS and FRMP have been considered in confidential legal advice provided by Lindsay Taylor Lawyers attached to this report.

If adopted and implemented according to its terms, the FRMS and FRMP will provide Council with contemporary information to better manage the development of land in flood prone areas and operate as a tool to enable Council to make decisions and provide information in relation to the land within flood prone areas with the benefit of statutory protections under s733 of the NSW Local Government Act 1993.

The FRMS makes it clear that further investigation and inquiry is required in relation to the management measures proposed and that implementation is subject to funding. Funding is a matter to which Council should have regard when adopting the FRMP and this is discussed further in the funding section of this report.

The endorsed FRMS and FRMP will ultimately provide Council with a contemporary FRMS and FRMP prepared in accordance with the NSW Floodplain Development Manual April 2005 enabling statutory protections in accordance with Section 733 of the NSW Local Government Act 1993.

A preliminary investigation of indigenous heritage was undertaken by searching the Aboriginal Heritage Information Management System (AHIMS) for known or potential indigenous archaeological or cultural heritage sites within or surrounding the Bega and Brogo River catchments. Over 400 sites including one aboriginal place were identified.

All aboriginal sites are protected under the National Parks and Wildlife Act 1974. It is a requirement under the Act that any developments such as and including floodplain risk management options show ‘due diligence’ with regard to Aboriginal heritage in the area. The discussed ‘due diligence’ is required during the detailed investigation or implementation of actions identified in the FRMP.

200 items of local non-aboriginal significance were identified from Schedule 5 of Council’s LEP. One item was identified on the State Heritage register as per the NSW Heritage Act. Heritage assessment may need to be undertaken prior to the implementation of any management options to ensure compliance with the Heritage Act.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed FRMS outputs will form inputs into the proposed FRMP for the Bega and Brogo River catchments. The FRMP outputs will ultimately assist in production of inputs into Council’s Development Control Plan (DCP) 2013, where necessary.

The FRMP outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential works projects arising from the finalised FRMP recommendations. These potential future works projects or other actions identified in the FRMP may then need to be considered as part of Council’s Strategic Asset and Long Term Financial planning.

Endorsement of the FRMS and FRMP will achieve the outcomes in the 2017/2018 Operational Plan namely:

Outcome 4 – Liveable Places

Goal 7: Identify and Complete floodplain risk management studies.

Environmental / Sustainability

Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication and agricultural practices, destroying high value crops. Therefore development and management of floodplains needs to consider a broad range of issues including balancing the benefits of occupation of the floodplain against the costs.

A FRMS forms the key input into the development of a completed FRMP. The FRMS is a major multi-disciplinary process involving high levels of skill in engineering, planning, the sciences (social and environmental), economics and emergency management. Environmental and sustainability factors considered in the management study included the environmental needs of rivers and floodplains, the environmental, cultural and social impacts of any identified management measures, potential impacts from acid sulphate soils, potential impacts on flora/fauna and climate change impacts such as sea level rise and increased rainfall intensity.

The purpose of a FRMS is to identify, assess and compare various risk management options and consider opportunities for environmental enhancement as part of mitigation works.

The outputs of the endorsed FRMP will form a technical input into Council’s current Comprehensive Local Environmental Plan 2013, Development Control Plan 2013 and other long term strategic plans.

Economic

The great majority of the State’s towns and cities are located on inland and coastal floodplains because of early reliance on maritime or riverine transport. These towns are subject to flooding and measures are needed to protect their future livelihood. Floodplains are also the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, as generally the more fertile areas, are a base for a significant proportion of the State’s agricultural business.

As part of the Floodplain Risk Management Study socio-economic studies of identified risk management measures are undertaken to weigh cost of implementation versus the benefits of a reduction in flood risk and flood damages whilst accounting for social and environmental impacts.

A detailed analysis of the economic impacts of flood damages was completed as part of the FRMS for varying flood magnitudes. The analysis considered tangible and intangible economic costs of flooding whether direct or indirect. The damages determined allowed evaluation of cost-benefit ratios of various potential management options to be evaluated against floods of varying magnitude. The top 12 ranked options from a multi-criteria analysis including cost-benefit ratios were then considered for inclusion in the FRMP.

Risk

To not endorse the FRMS and FRMP and then correspondingly not to implement the FRMP, potentially exposes Council to operational risks now it has detailed knowledge of the flood risks arising in both the Bega and Brogo River catchments. Council’s endorsements to publicly exhibit the draft FRMS and FRMP at its meeting of 11^th October 2017 are evidence of its knowledge of the identified flood risks.

Flood risks within the catchment have been identified and measures identified to assist in managing the flood risks. The most appropriate flood measures have been included in the FRMP. Much of the flood risk is driven by backwater affect arising from a constriction in the river at Bottleneck Reach at the downstream end of Jellat Jellat Flats. This creates a significant increase in water levels upstream of this location. Consequently, there exists a not insignificant flood risk above the current flood planning level. Council’s current planning framework only considers land at or below the flood planning level. The FRMS and FRMP provide varying recommendations to address this risk. Some of the recommendations involve varying flood planning levels for different types of development dependent on their vulnerability or criticality.

Social / Cultural

With the completion of the FRMS, protection strategies for various Council assets have been identified for consideration in the FRMP. Similarly, measures to reduce the social impact from flooding on the community have now also been identified and assessed.

Once the FRMP is endorsed, implementation of recommendations to address emergency response, access and asset protection issues during flood events may be required. These potential future works will need to be considered as part of Council’s long term strategic asset and financial planning.

Cultural heritage and social impacts were considered as part of the FRMS and recommendations developed for consideration prior to any implementation of actions. Issues identified included the potential implication of works projects on Aboriginal and non-Aboriginal cultural heritage sites. Further detailed assessment of impacts will be required at any detailed planning and investigation phase associated with any proposed structural works.

The social impacts of flood events on the local community were examined and access/egress, emergency response and visual amenity issues of potential actions were identified. The endorsed FRMS and FRMP will permit improved emergency response planning and has identified visual amenity as a factor to be considered during any detailed implementation of proposed actions from the FRMP.

Attachments

1 ⇨. Bega and Brogo Rivers Floodplain Risk Management Study and Plan confidential legal advice (Councillor Only)

2 ⇨. Bega and Brogo Rivers Floodplain Risk Management Study and Plan submissions report (Councillor Only)

Council 11 April 2018

Item 12.2

12.2. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from their meeting held on 7 March 2018.

Acting Director Assets and Operations

Officers Recommendation

That Council adopt the following recommendations of the Local Traffic Committee:

183.RT.016 Merimbula Public School Transport Plan

1. That Council investigate the possibility of assisting the school in grant funding applications for the design and construction of a “kiss and drop” in Henwood Street, where the previously approved “kiss and drop” has been signposted.

2. That Council refer the matter of the alleged illegal driving practices around the Merimbula Public School to the NSW Police force for consideration.

3. That Council refer the matter of insufficient on-site car parking for the Merimbula Public School to the Merimbula Public School P&C for referral to the NSW Department of Education.

4. That Council approve the removal of the uncompliant disabled access in Henwood Street (a new compliant space has been created inside the school parking).

5. That Council approve for the LTC committee to communicate with the School requesting they commence an education campaign regarding parking practices in Henwood Street.

6. That Council approve the review and update of the existing parking signage on Henwood Street and to install no parking signs in conjunction with kiss and drop zone signs.

183.SE.017 Merimbula Fun Run – Sunday, 27 May 2018

1. That, subject to conditions, sections of the following Council roads be temporarily closed from 7.00am to 11.00am on Sunday, 27 May 2018 for the 2018 Merimbula Fun Run:

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

b) Full Closure of Main Street and Randolph Street intersection.

c) Closure of the westbound lane only of Main Street, Merimbula between the Randolph Street and Cliff Street;

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

e) Parking restrictions along the course route, including a clearway for the southbound parking lanes along Market Street between the Beach Street intersections.

2. That the proposed traffic arrangements for the 2018 Merimbula Fun Run on Sunday, 27 May 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

4. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

5. That organisers have written Police approval prior to conducting the event.

6. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

183.SE.018 Mother’s Day fun run – Sunday, 13 May 2018

1. That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 13 May 2018 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2. That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 13 May 2018 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

6. That organisers have written Police approval prior to conducting the event.

7. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

8. That event organiser liaises with public transport operators

183.SE.019 Merimbula Jazz Festival – Saturday, 9 June 2018

1. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00pm on Saturday, 9 June 2018 for the Merimbula Jazz Festival street parade.

2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 9 June 2018 for the Merimbula Jazz Festival street parade and performance.

3. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade and performance on Saturday, 9 June 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

5. That organisers fully implement an approved Special Event Transport Management Plan.

6. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

7. That organisers have written NSW Police approval prior to conducting the event.

183.SE.020 Quaama Walkathon 2018

1. That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on Friday, 11 May 2018 be approved and deemed a Class 2 Special Event.

2. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

3. That organisers fully implement an approved Special Event Transport Management Plan.

4. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

5. That organisers have written Police approval prior to conducting the event.

6. That event organiser liaises with public transport operators.

ANZAC Day March & Service – Bermagui

That Council accepts the below recommendations as per the out of session LTC approval on 16 March 2018.

1. That the section of Lamont Street, Bermagui, between the intersections of Wallaga Street and Pacific Drive be temporarily closed on Wednesday, 25 April 2018 for the Bermagui RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan.

2. That the proposed traffic arrangements for the Bermagui RSL Sub Branch Anzac Day March and Service on Wednesday, 25 April 2018 be approved and deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

6. That organisers have written NSW Police approval prior to conducting the event.

Convoy for Kids and Families Affected by Cancer – 14 April 2018

That Council accepts the below recommendations as per the out of session LTC approval on 28 March 2018.

1. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

2. That organisers fully implement an approved Special Event Transport Management Plan.

3. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

4. That organisers have written NSW Police approval prior to conducting the event.

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council. Local Traffic Committees operate under delegation from NSW Roads and Maritime Services who are responsible for traffic control on all New South Wales roads. Its role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

Background

The background information to support the Local Traffic Committee recommendations can be found in the attached meeting minutes.

Attachments

1 ⇩. Bega Valley Local Traffic Committee meeting minutes March 2018

Council 11 April 2018

Item 12.3

12.3. Community Project Proposals

This report provides a summary of community project proposals received between 1 December 2017 and 5 March 2018 for Council's information and consideration

Acting Director Assets and Operations

Officers Recommendation

1. That Council note the report and attached Community Project Proposal summary.

2. That the proposal “Bemboka Flag Pole” approved by staff is noted by Council.

3. That the proposal “Pambula Pony Club Safety Fence” approved by staff, noting Master Plan and conditions, is noted by Council.

4. That the proposal “Renewal of Starter Blocks - Cobargo Swimming Pool” approved by staff is noted by Council with the Bega valley Shire Council contribution as required maintenance.

5. That the proposal for “Tathra Memorial Gardens - Additional Bollards” subject to relevant works compliance (heritage), is supported by Council.

6. That the proposal for “Colombo Park Security Gate Replacement” is supported by Council.

7. That the proposal to “Upgrade Colombo Park Electricity Supply” with relevant works and compliance conditions is supported by Council and that the Bega valley Shire Council contribution is through planned maintenance funding if available.

8. That the proposal “Colombo Park Slab Extension and Water Connections” is supported by Council with final project details to be approved by staff.

9. That the proposal “Evans Park Kids Push Bike/ BMX Track” with relevant works compliance conditions (inc. clean fill records) is supported by Council.

10. That the proposal “Lawrence Park Building and Facility Upgrade” (proposal 2) is supported by Council with relevant works compliance conditions. That Council note that the Tathra AFL club will continue to investigate funding options to deliver capital works and renovations, and that the Bega valley Shire Council will contribute through planned maintenance funding if available and/or links to grant funding proposals.

11. That the proposal “Lighting Upgrade Bega Tennis Club” is supported by Council with funding contribution only if surplus sportsground asset funding becomes available in 2017/2018.

12. That the proposal “Lighting Upgrade Merimbula Tennis Club” is supported by Council with a funding contribution only to be available if surplus sportsground asset funding is identified in the 2017/2018 financial year.

13. That the completed proposal “Pambula Sporting Complex Pavilion Replacement Carpet” is noted by Council with a Council funding contribution only if surplus sportsground asset funding becomes available in the 2017/2018 financial year.

14. That the proposal for “Colombo Park Access Stairs Replacement” be further developed by the applicant with advice and information from staff.

15. That the proposal for “Ramped Access to Merimbula Lake” is supported by Council with the proposal to be further developed by the applicant with advice from Council staff.

16. That the proposal for “Evans Park Cricket Facilities (Practice Net and Pitch)” not be supported by Council noting the existing provision of cricket facilities at Lawrence Park (5km) from the site.

Executive Summary

The community has an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improved community facilities. The Community Project Proposal process seeks to provide a consistent framework for Council to receive and consider a wide range of projects proposed by the community. These projects can range from minor asset renewal to major new works which have not been identified in Asset Management Plans and the development of capital works programs.

Background

Council will more than likely become responsible for all works on Council managed land including compliance, maintenance, upkeep and safety. Regardless of the project size, all works proposed for Council managed land need to be considered in the context of funding; procurement; risk management; work health and safety; environmental considerations; approvals; compliance; and ongoing maintenance. It is also important to consider how the proposed projects can link and add value to other planned Council works, particularly in terms of the maintenance and replacement of existing assets.

An important part of the procedure involves reporting proposals to Council, particularly where projects are complex and/or will require resourcing and support from Council. Those proposals that are straight forward, not requesting funding from Council and/or are directly related to planned works are reviewed and approved by Council staff. This enables groups to get on with their proposed works in a timely manner.

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

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

This report contains proposals received between 1 December 2017 and 28 February 2018. They are:

· Bermagui Memorial Seat - Resident

· Bemboka Flag Pole - Bemboka ANZAC Committee

· Safety Fence - Pambula Pony Club

· Renewal Stater Blocks Cobargo Swimming Pool - Cobargo Amateur Swimming Club

· Tathra Memorial Gardens Additional Bollards - Tathra Lions Club

· Colombo Park Security Gate Replacement - Bemboka Lions Club

· Colombo Park Electricity Supply - Bemboka Lions Club

· Colombo Park Slab Extension and Water Connections - Candelo Bemboka United Rugby League Football Club

· Kids Push Bike Track (BMX) - Evans Park Sporting Complex Inc.

· Lawrence Park Building and Facility Upgrade (proposal 2) - Tathra Australian Football (AFL) Club Inc.

· Lighting upgrade to LED - Bega Tennis Club Inc.

· Lighting upgrade to LED and additional lighting to one court - Merimbula Tennis Club Inc.

· Replacement carpet main pavilion - Pambula Beach Sporting Complex

· Colombo Park access stairs replacement - Bemboka Lions Club

· Ramped access to Merimbula Lake - Rotary Club of Merimbula

· Cricket Facilities (Practice Net and Pitch) - Evans Park Sporting Complex Inc.

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

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

Options

The challenge in considering project proposals is to give them the consideration they deserve and to work out where they fit with other planned and programed works, particularly if the proposal requests a contribution from Council.

Council has an option to fund all requests, however this will come at the expense of other required and planned asset renewal and capital works programs.

Community Engagement

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

The Project Proposal form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal. Some proposals will require further community consultation as the project develops.

Financial and resource considerations

The level of resourcing and contribution sought from Council is an important aspect for consideration. Council has not budgeted an amount to support community project proposals; however some proposals may align with the BVSC grants programs.

Council resources are limited and favouring any one project over another is likely to affect or defer the delivery of other planned and programed works. That is not to say a BVSC contribution is not possible. This is particularly the case where a project links to asset renewals and maintenance programs and the BVSC contribution represents ‘good value’. However this needs to be subject to funding being available.

Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. The first step is gaining Council support for works on Council managed land. This also helps to see the project scope is clear and complete, the resources identified are sufficient to complete the works.

It is difficult for staff to support projects that will lead to over provision or over servicing, even if a funding contribution is not being requested from Council.

Funding Source Overview		Amount
Estimated Total Projects Value	$	336,000
Applicant Contribution – BVSC Approved, Supported, Funded	$	88,000
BVSC Contribution Requested – Approved, Supported, Funded (Asset Renewals / Planned Maintenance)	$	15,000
Applicant Contribution – BVSC Supported & Unfunded. (progress to grant applications)	$	105,000
BVSC Contribution Requested – Supported & Unfunded Projects (New / Upgraded assets, unplanned renewals)	$	13,000
Applicant Contribution – BVSC Unsupported or More Information Required. (progress to grant applications)	$	100,000
BVSC Contribution Requested – BVSC Unsupported or More Information Required.	$	15,000

Legal /Policy

Council’s Procedure 4.01.3 Community Project Proposals is published on the Council website.

Works on public land can trigger legislative requirements related to environment and heritage; access and building code compliance; planning and development approvals; and in some instances, land ownership.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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
Active and Healthy Communities		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
Liveable Places		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

Operational Plan Actions 2017 - 18:

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

· Review the administration of the Community Project Proposal Procedure.

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

Operational / Asset Management Plan

Council’s annual Operational Plan is developed alongside a Resourcing Strategy which outlines how actions and activities will be financed, assets managed and services delivered.

Asset management capital works programs are primarily based on asset renewal (e.g. replacing existing aging assets). The large majority of projects proposed by the community relate to new works or significant upgrades of existing assets and as such are not included in capital works programs. The project summary sheet identifies projects as renewal, upgrade or new assets.

Environmental / Sustainability

The project proposal form triggers consideration of potential environmental and heritage issues and possible approvals or compliance that may be required.

Risk

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

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

· Possible shortfalls in proposal cost estimates.

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

· The costs and expectations associated with the ongoing operations, maintenance future renewal of any new asset.

Social / Cultural

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

Attachments

1 ⇩. Community Project Proposal Summary Sheet 11 April 2018

Council 11 April 2018

Item 12.4

12.4. Lake Street Shared Path - Merimbula

This report provides Council with an update on the progress of the Lake Street Shared Path Project in Merimbula and outlines recommendations of the Feasibility Study.

Acting Director Assets and Operations

Officers Recommendation

1. That Council endorse the conclusions of the report - Feasibility Study of Options A, B & C Lake Street Shared Path, Merimbula.

2. That Council proceed to public exhibition of Option A; the conversion of Lake Street into a one way road (southbound) with the creation of a 1.7km on ground shared path along the existing northbound lane.

Executive Summary

This report contains information on the progress of the Lake Street Shared Path Project in Merimbula, recommendations on the Feasibility Study and recommends that Council proceed to public exhibition of Option A; the conversion of Lake Street into a one way road (southbound) with the creation of a 1.7km on ground shared path along the existing northbound lane.

Background

On 8 June 2016 Council considered a Community Project Proposal – Lake Street Walk Proposal from the Bureau of Accessible Tourism (BOAT) and resolved the following:

1 That Council note the report.

2 That Council provide in-principle support to the proposal from the Bureau of Accessible Tourism (BOAT) for the design and construction of a path, suitable for walking and cycling, along Lake Street Merimbula from Rotary Park to the Merimbula Wharf on the basis that it does not create a cost impost on Council.

3 That Council provide BOAT with a letter of support for the proposal from the Mayor and that officers provide a list of potential requirements to undertake such a project.

4 That Council agree to hold funds for the project in trust should BOAT secure grants or other funding towards the project.

In April 2017 BOAT submitted a Funding Application to the Regional Growth – Environmental and Tourism Fund requesting funding to proceed with the project and were unsuccessful.

On 22 September 2017 Council were recipients of $2 million in funding under the NSW State Government 2017-18 Active Transport Program for the design and construction of a 1.7km shared use path from Main Street to Merimbula Wharf along Lake Street in Merimbula.

A Project Management Plan (PMP) was prepared in accordance with the funding conditions with the following project brief:

‘The aim of the Project is to construct a shared-use path adjacent to Lake Street, Merimbula from Rotary Park to Merimbula Wharf via Bar Beach.

One of the key outcomes of the Project is to make Merimbula a more access friendly place for all residents and visitors to the area which aligns with the Bega Valley Shire Council’s Operational Plan - An Accessible Place

“A2 - Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.”

The project also aligns with the Vision and Goals and Short Term Priority proposals of the Bega Valley Bike Plan.

The project will connect the existing cycle paths that begin at Pambula Beach, traverse through Pambula, beside Arthur Kaine Drive and Merimbula Airport, and through the CBD of Merimbula to Spencer Park and Lake Street.

The shared path is proposed as an all-access, shared-use walkway, for use by pedestrians, joggers, parents with prams, cyclists, disabled and mobility devices.

The project is to be entirely funded by a $2,000,000 grant from the NSW State Government under 2017/18 Active Transport Funding.’

Council undertook an RFQ process and in November 2017 engaged the services of Thompson Berrill Landscape Design Pty Ltd (TBLD) and their team of sub consultants to undertake a site investigation feasibility study of options to assist Council to determine an appropriate option in consideration of the existing site conditions, available funding and delivery timeframes.

Options

The attached Feasibility Study prepared by TBLD report looked at three options for the Lake Street Shared Path:

Option A – One Way Road with separate path (on closed road lane)

Option B – Two Way Road with Shared Path (on road shoulder)

Option C – Hybrid 2 + 1: Maintain Two Way Road to Bar Beach, One Way Road from Bar Beach to Wharf Street

Option A is considered to be the most cost–effective solution for construction and provides improved social and environmental benefits which surpass those of the alternative options. These benefits include:

· Reduced environmental benefits (no removal of mature existing trees, minimal impact on terrestrial vegetation)

· Lower construction impacts and duration

· Lowered traffic risk

· Improved amenity and social benefits (formal car parking, seating, rest areas, lookouts and opportunity for revegetation/feature landscaping)

· Minimal impacts on cultural heritage

In summary, the attached Feasibility Study report confirms Option A - the conversion of Lake Street into a One Way Road (southbound) with the creation of a 1.7km on ground Shared Path along the existing northbound lane as the most feasible, viable and cost effective option for a shared path from Rotary Park to Merimbula Wharf.

Community Engagement

Consultation Planned

Proceed to public exhibition of Option A; the conversion of Lake Street into a One Way Road (southbound) with the creation of a 1.7km on ground Shared Path along the existing northbound lane. There has been ongoing liaison and consultation with the key proponents of the project to this stage.

Financial and resource considerations

The project is 100% funded by the NSW State Government grant under the 2017/18 Active Transport Program up to a maximum of $2 million.

The funding agreement has a ‘use it or lose it’ clause whereby the State Government will only pay for actual and completed works and are unable to pay for any incomplete works and no funding is available to be rolled past the 2018/19 financial year.

Legal /Policy

The project is subject to various Legal and Policy Requirements and they have been addressed specifically in Appendix B of the Feasibility Study – Environmental, Heritage & Socio-economic Constraints Analysis by NGH Environmental.

Council resolved on 8^th June 2016 to provide in principle support for the Community Project Proposal – Lake Street Walk Proposal from the Bureau of Accessible Tourism (BOAT)

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

“A2 - Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.”

Operational Plan

The project also aligns with the Vision and Goals and Short Term Priority proposals of the Bega Valley Bike Plan.

Environmental / Sustainability

There are a range of environmental issues which will need to be addressed and managed during the construction of the path.

Option A – provides minimal impact on existing vegetation and terrestrial fauna adjacent to Lake Street including no requirements for removal of existing trees , removal of ground layer vegetation and minimising disturbance of any existing heritage items .

These issues are further discussed in Appendix B of the Feasibility Study – Environmental, Heritage & Socio-economic Constraints Analysis by NGH Environmental

Asset Management Plan

The construction of the shared path will introduce an additional asset to Council which will need to maintained and allowed for in the relevant Operational Plan for the life of the asset.

However, Option A seeks to construct the path over the existing road pavement therefore offsetting the maintenance requirement of the road into the future.

Economic

The project will provide direct economic benefit including an immediate injection of $2million of capital spend and potential long term tourism benefits and community amenity.

Social / Cultural

The shared path has in principle support of various local community groups as evidenced by the letters of support for the initial Community Proposal.

BOAT, the principle project advocate group within the community, have been extensively consulted during the Feasibility Study process and have participated in workshops to gain their input on the strengths, issues and opportunities of the site and potential proposed options for the shared path and have provided a letter of Support for the 1. Option A – One Way Road with Separate Path (on closed road lane).

Attachments

1 ⇩. Feasibility Report - Lake Street Shared Path

2 ⇩. Lake Street - A One Way Road

Council 11 April 2018

Item 13.3

13.3. Bushfire Recovery - waiving of fees and charges

Council support for the response and recovery process has been considerable. One aspect of this which requires formal Council resolution is the waiving of relevant fees and charges.

General Manager

Officers Recommendation

1. That Council support the waiving of the following fees and charges as outlined in this report for the properties destroyed in the recent fire event:

· Water and Sewer charges

· Waste Fees

· Development Application, Complying Development and associated fees; and

· Interest on General Rates instalments.

2. That Council amend the delegations from Council to the General Manager in relation to waiving of the above fees to reflect this change.

3. That Council note that the General Manager will be utilising her authority under the Local Government Act to issue Fire Works Authorisation Certificates for demolition works.

Executive Summary

The Reedy Swamp fire on Sunday the 18 March resulted in zero fatalities however the impact on the community included extensive property damage with houses destroyed and damaged; and outbuildings also destroyed and damaged. The emergency services successfully defended over 900 houses.

The Recovery stage of the incident commenced on the day of the incident and the appointment by the Premier of the Recovery Coordinator, Euan Ferguson on Monday 19 March at which time the community, Council and other agencies moved into focussing on the extensive and extended recovery process.

A core part of the recovery will be the demolition of damaged buildings and the rebuilding of houses for those people impacted.

In order to minimise, as much as is possible, any financial strain from Council on those impacted by this fire Council has developed a framework for minimising and waiving fees for water and sewer, Development Applications, Complying Development Certificates and associated expenses, waste management fees and interest charges.

By providing the appropriate delegation to the General Manager these waivers can be progressed expeditiously and minimise unnecessary stress on people impacted by these fires.

The intent of all fee and charge waivers is to ensure that Council works to assist residents maximise their rebuild funds and that the full rebuild sum of the building on their insurance policies is available for their rebuild.

Background

The following items will be included in the items considered by the General Manager under delegation:

Water and Sewerage

Destroyed Properties

· Properties that have been destroyed will be disconnected from water and sewer infrastructure.

· Existing sewer connections will be made safe and capped for future re-connection.

· New unmetered taps will be installed at the property boundaries with backflow prevention. This will allow free access to water for affected properties as needed.

· Reconnection will occur at the appropriate time at no cost.

· Customers will not be charged for water and sewerage services at all this quarter with the fees waived.

Damaged Properties

· The owners of damaged properties will be contacted directly by Council development engineers and offered the disconnected arrangement (see above).

· Those that take up the disconnection option will be subject to the same conditions as those with destroyed properties.

· Those who wish to remain connected and experience ‘bill shock’ will be eligible for reduced or completely waived bills.

Undamaged Properties

· Council will apply a firefighting discount to water rates.

Waste Management

· Fees for fire waste at Wallagoot transfer station to be waived until Sunday 8^th April. In one week this has equated to 134 cubic metres of green waste and 50 cubic metres of general waste.

· A further 78 cubic metres of Tathra green waste diverted to Eden waste depot.

· Hours extended at Wallagoot Transfer Station to 7 days/week, 7.30 – 4.30 including weekends.

· Additional wheelie bins provided, (approx 200), along with additional collection today – collections to return to normal after this week.

Development, Planning and Building

· Council will be required to work with NSW Public Works Advisory to support the demolition process. An aspect of this role will be the joint issuing of Fire Works Authority Certificates. The General Manager has the authority under the Local Government Act to co-sign these Certificates however it is appropriate that Council formally note that this role is authority is being enacted.

· It is proposed that there will be no Council fees associated with the lodgement of a development application or complying development certificates and other certificates for current owners to rebuild their lost or damaged homes or subsequent inspections.

· Council is also contacting State Agencies to request a waiver of any associated State established Long Service Levy and Planning Reform Fund fees which Council collects on their behalf.

· Should a current owner decide to increase the density onsite ie from a dwelling to a dual occupancy Council fees will only apply to the additional dwelling.

· Any new owner will be required to meet the required fees.

· Council will be recommending that each property owner raise this potential waiver of fees with their insurers to ensure that the intent of this action, which is to ensure that the maximum amount is available from insurance payments for property owners to cover their rebuilding costs from their insurances, is achieved.

General Rates

· Initially interest charges will be waived for Tathra properties for late payments for the quarterly rates instalment. Further detail will be provided in the future as to applicable rates relief available.

Financial and resource considerations

Funding has been announced by the Premier to assist the recovery process. This will predominantly cover the demolition and waste costs to clean up the destroyed and asbestos affected properties.

There will be additional, unbudgeted costs to Council for the response and recovery activities, some of which may be recoverable and some which will be a key part of Council’s role in the recovery process over the next 12 to 18 months.

All costs, foregone income and other items will be captured in the recovery process and form part of the ongoing reporting on this incident.

Attachments

Nil

Council 11 April 2018

Item 14.1

14.1. Investment Report as at 28 February 2018

This report details Council’s Investments at the end of February 2018.

Director Business and Governance

Officers Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 28 February 2018.

2. That Council note the certification of the Responsible Accounting Officer.

Executive Summary

I, Graham Stubbs, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993, and clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Also, all investments have been appropriately recorded in Council’s financial records and reconciled on a monthly basis.

Background

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

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

Financial and resource considerations

The attached report indicates a current investment portfolio of $62,100,658.29 at 28 February 2018. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	December 2017	January 2018	February 2018
General Fund	$18,979	$15,207	$14,671
Water Fund	$16,097	$16,234	$17,155
Sewer Fund	$28,846	$28,662	$30,275
TOTAL	$63,922	$60,103	$62,101

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

As at 28 February 2018, BVSC’s available cash balance was $3,637,381.73 and the investment balance was $62,100,658.29. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 16,031,474.04

· TCorpIM Strategic Cash Fund - $ 46,069,184.25

With respect to the Fund’s monthly distributions, the custodian calculates the Fund’s earnings at month end and then pays a distribution based on these earnings. Distributions are paid to investors by way of the issue of additional units.

Legal /Policy

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

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

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

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates Environmental, Social and Governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

Attachments

1 ⇩. TCorpIM Funds Monthly Report - February 2018

2 ⇩. TCorpIM Statement Bega Valley Shire Council - SCFT (1326) February 2018

3 ⇩. TCorpIM Statement Bega Valley Shire Council - CAFT (1303) February 2018