Agenda of Council - 13 June 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 13 June 2018

Item 9.1

9.1. Report on public exhibition of Existing Holdings Planning Proposal

This report seeks to finalise the draft Planning Proposal for Existing Holdings.

Director Community, Environment and Planning

Officers Recommendation

1. That Council amend Clause 4.2A as detailed below:

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

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

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

Delete Clause 4.2A(4)

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

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

(5) In this clause:

existing holding means land that:

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

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

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

2. That Council introduce and produce an Original Holdings Map.

3. That Council proceed to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 30) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

4. That Council write to all sub matters to advise the outcome.

Executive Summary

Council at its meeting held on 22 November 2017 gave consideration to a Council officer report recommending amendment to clause 4.2A “Existing holdings” of Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and resolved the following:

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

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

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

Gateway approval was issued on 16 April 2018 subject to the Planning Proposal being publicly exhibited for a period of 28 days and consultation with Public Authorities.

This report summarises the submissions received during the exhibition period and recommends Council proceed to finalise the Planning Proposal.

Background

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

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

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

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

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

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

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

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

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

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

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

(d) is an existing holding, or

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

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

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

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

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

(6) In this clause:

existing holding means land that:

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

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

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

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

Proposed amendments to Clause 4.2A

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

The following amendments to the clause are recommended;

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

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

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

Delete Clause 4.2A(4)

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

(5) In this clause:

existing holding means land that:

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

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

Community Engagement

Consultation undertaken

The Planning Proposal was exhibited for a period of 28 days from 30 April to 1 June 2018 notifying the affected property owners. Notices were also placed in all local newspapers across the Bega Valley Shire. Planning officers held weekly consultation sessions and mapping was displayed in the Bermagui, Tura Beach and Eden libraries and Bega Council office.

The Gateway Determination required consultation with NSW Office of Environment and Heritage and Department of Primary Industries - Agriculture.

A total of thirteen (13) submissions were received, two (2) from government agencies and eleven (11) public submissions.

Agency Submissions

NSW Office of Environment and Heritage

· Concerns were raised regarding the creation of dwelling entitlement on highly constrained land which would locate rural residential development in areas of high agricultural or environmental value.

Response: The amendment does not ‘create’ entitlement as the identified intact vacant existing holdings can currently submit an application for a dwelling under Clause 4.2A(3) up until 2 August 2018. The purpose of the amendment is to preserve the existing entitlements.

· Concerns were raised regarding the mapping of land zoned E1 National Parks, E2 Environmental Conservation and RU3 Forestry due to creating a false expectation in the community that an application for a dwelling could be considered when the zoning prohibits dwelling houses.

Response: The holdings that are located wholly located within an E1 National Park zone or RU3 Forestry zone have been removed from the mapping. Land containing E2 Environmental Conservation zone that is in private ownership has been retained in the mapping as these holdings either contain split zones or are in the one ownership with surrounding land that is generally zoned E3 Environmental Management in which a dwelling is permissible with consent. E2 zoned land in public ownership has been removed from the mapping.

Department of Primary Industries (DPI) - Agriculture

DPI notes the proposal will not result in any new dwelling opportunities on rural zoned land and consequently has no comments to provide in response to this proposal.

Summary of Public Submissions

Whilst the 11 submissions received supported the proposed amendment, the submissions identified a number of vacant existing holding sites that were not identified by the mapping. Also, concern was raised with the provisions of Clause 4.2A generally. The issues raised in the submissions are broadly summarised by the 2 points followed by Council officers' responses.

· A number of submissions were received identifying thirty one (31) additional vacant intact existing holdings.

Response: Investigations have been undertaken and Council officers are satisfied these properties constitute a vacant intact existing holding and therefore these holding have been added to the mapping. This land is identified in the table provided as Attachment A to this report.

· Concerns were raised regarding Clause 4.2A in general, as the restrictive nature of this clause has further increased the negative impact on affected landowners and the availability of rural building opportunities in the Shire.

Response: Clause 4.2A relates to the erection of dwelling-houses on certain rural, residential and environmental protection zones. The Planning Proposal proposes to amend that part of clause 4.2A that relates to existing holdings only.

Attachments

1 ⇩. Attachment A - Additions to mapping

Council 13 June 2018

Item 9.2

9.2. The Provision of Public Carparking in Merimbula Central Business District

This report seeks Council endorsement of the Review of Development Contributions and the Provision of Public Car Parking in Merimbula undertaken by Zenith Town Planning.

Director Community, Environment and Planning

Officers Recommendation

1. That Council endorse the findings of the Zenith Review of Development Contributions and the Provision of Public Car-parking in Merimbula.

2. That Zenith Town Planning be requested to provide a briefing to the Merimbula Chamber of Commerce.

3. That following the briefing for the Merimbula Chamber of Commerce, the Merimbula Town Centre Car Parking Review be publicly released.

Executive Summary

There has been a long debate in the community as to the provision of appropriate numbers of car parking spaces in the Merimbula Central Business District (CBD) and the allocation of development contributions for this purpose. Following ongoing questions and requests from landowners and community members, Council engaged an independent entity, Zenith Town Planning, to review the levying of historic development contributions, or dedication of land in lieu of the provision of parking.

The Zenith advice focuses only on the numbers of car parks required as a result of the levying of a contribution or dedication of land and does not include those developments where car parking requirements were met on-site as part of the development. The advice provided by Zenith indicates that adequate car parking has been provided by Council.

It is proposed that the advice provided by Zenith be presented to the Merimbula Chamber of Commerce in a briefing prior to it being publicly released and as such, the Zenith advice is provided as a Councillor only attachment to this report.

Background

In order to respond definitively to a range of ongoing questions related to the provision of car parking in Merimbula CBD Council sought an independent review of Council’s compliance with legislation and policy regarding the levying and management of Development Contributions and provision of car parking in the Merimbula CBD for commercial style developments.

Zenith Town Planning was engaged to undertake the Review and provide advice based on the following key objectives:

· Respond to a range of questions which relate to Council’s compliance with applicable legislation and policy regarding the levying and management of Development Contributions since the 1960s, the timing and obligations of Council regarding the provision of public car parking for which contributions have been levied, and Council’s response to queries from the owners of commercial land in Merimbula

· Review Council’s Section 94 and 94A Contributions Plan 2014 prepared by GLN Planning and adopted by Council in February 2015

· Provide a response to questions raised in correspondence regarding the spatial provision of car parking, Council’s obligations pursuant to the Environmental Planning and Assessment Regulation 2000 and the Development Contributions - Practice Note issued by DIPNR in July 2005.

The Review was “informed by a range documentation supplied by Bega Valley Shire Council including correspondence from commercial land owners, memorandums to Councillors, a selection of Consents issued that contained conditions requiring the payment of contributions and data extracted from Council’s register of Development Consents.

The advice has also had regard to Division 7.1 Development Contributions of the Environmental Planning and Assessment Act 1979 (EPA) (formerly Division 6 before the introduction of the Environmental Planning and Assessment Amendment Act 2017 on 1 March 2018), Part 4 Development Contributions of the Environmental Planning and Assessment Regulation 2000, Development Contributions Practice Notes - July 2005 issued by the Department of Infrastructure, Planning and Natural Resources, Bega Valley Section 94 and 94A Contributions Plan 2014 and previous Council plans”.

The Review analysed:

· the total number of spaces required for approved commercial developments where contributions have been made as either financial payments or the dedication of land;

· spaces provided onsite for these commercial developments;

· car parking credits held for these sites; and

· provision of car parking spaces in public parking areas constructed by Council.

The analysis of the above found there is currently adequate parking spaces provided to meet the requirements where contributions were levied or land dedicated in lieu of the provision of car parking on-site. A breakdown of the actual numbers in each category is provided in the Zenith advice.

Summary of Findings

The Zenith Review provided the following key findings;

· Council’s historic Development Contributions Plans have been sound and based on the information available to the consultant, contributions made under those Plans appear to have been levied in accordance with relevant legislation and policy.

· There are currently adequate parking spaces provided in the Merimbula CBD as required by development consent conditions for all historic commercial developments in the Merimbula CBD.

· There is evidence that Council has actually used funds from sources other than contributions to construct public car parking where land has been dedicated through subdivision or acquired through general revenue.

Financial and resource considerations

The cost to undertake this review is indicated below. Significant staff time has also been involved in this matter over a number of years.

Funding source		Amount
General fund	$	3,891.25

Community Engagement

Consultation Planned

This report recommends a briefing session be organised with the Merimbula Chamber of Commerce, as the Peak Body representing Merimbula Commercial landowners and business operators. The briefing will be presented by Zenith Town Planning.

Council consideration of input

The Zenith advice was discussed with Council at a workshop session earlier this year at which time it was requested Council officers bring forward a report to Council for endorsement.Legal /Policy

The Zenith advice suggests that Council's current Contributions Plan, when examined against the provisions of the EPA Act Regulations and relevant Practice Notes, complies with all aspects of relevant legislation and policy.

Attachments

1 ⇨. Zenith Town Planning - advice - Merimbula town centre car parking - 5 March 2018 - revised for EPA Amendment Act 2017 (Councillor Only)

Council 13 June 2018

Item 10.1

10.1. Licence for the upper level of the Tathra Wharf - Museum

Council is the Reserve Trust Manager of the Tathra Wharf Reserve Trust (R180056) for access, heritage purposes and public recreation. The Pig and Whistle Fleet Club Inc. are seeking a new Licence Agreement for their continued operation of the Museum on the upper level of the Tathra Wharf building.

Director Community, Environment and Planning

Officers Recommendation

1. That Council, as Reserve Trust Manager of the Tathra Wharf Reserve Trust (R180056), approve a further five year Licence Agreement to the Pig and Whistle Fleet Club Inc. for their continued occupation of the Museum on the upper level of the Tathra Wharf building located on Crown Reserve 180056 at Tathra for the annual rental fee of $529.10 per annum increased annually by CPI.

2. That authority be given for the General Manager and Mayor to execute the Licence Agreement.

3. That in accordance with the requirements of the Crown Lands Act 1989 (NSW), Council obtains the Minister’s formal consent to enter into the Licence Agreement.

Executive Summary

The Pig and Whistle Fleet Club Inc. are seeking a new Licence Agreement (LA) for their continued operation of the Museum on the upper level of the Tathra Wharf. In accordance with the requirements of the Crown Lands Act 1989 (NSW), Council must also obtain the Minister’s Consent to enter into any new LA over Crown Land. In order to maintain transparency and avoid any suggestion of impropriety, Council’s decision to enter into direct negotiations with the current operator has been addressed and Council approval is sought to enter into a new LA with the Pig and Whistle Fleet Club Inc.

Background

The Pig and Whistle Fleet Club Inc. currently occupies the Museum area of the Tathra Wharf building which is located in the upper level of the warehouse building on the wharf. Their occupation has been authorised by way of a five year LA which expired on 30 April 2018.

Council carried out a public Expression of Interest (EOI) process for the use of the building in September/October 2009 and advertised in all local papers for a period of 28 days. The public EOI process resulted in only one expression of interest being received from the Pig and Whistle Fleet Club Inc.

Prior to their current LA being entered into, a report was presented to Council on 20 March 2013. Council resolved at that meeting to negotiate with Crown Lands to negate the need for a further EOI process and enter into a suitable five year LA with the Pig and Whistle Fleet Club Inc. for their continued occupation of the upper level of the Tathra Wharf warehouse building.

Options

Council officers could carry out another public EOI process for the use of the building; however in light of the limitations of the Crown Reservation as well as the recent Aboriginal Land Claim lodged by the NSW Aboriginal Land Council and Native Title Claim in the Federal Court over all South Coast Crown Reserves, continuing with the current occupancy arrangements is the preferred option.

Community Engagement

Consultation undertaken

The Pig and Whistle Fleet Club Inc. has indicated they are very happy with the current arrangement and wish to continue with their occupation of the site for a further five year term. As the proposed LA is to be issued to a not-for-profit community organisation and does not exceed five years in duration, the proposal will not require advertising.

Financial and resource considerations

The Pig and Whistle Fleet Club Inc. have submitted an application for rental rebate in line with Council’s Rental Assessment and Rebate Procedure. The application has been evaluated using the matrix contained in the procedure and the rental rebate achieved was 67%. Although the rental rebate is considered a medium level of rebate, based on the current market rental assessment obtained, an increase above minimum would apply with the annual rental for Pig and Whistle Fleet Club Inc. being $660 per annum once the rebate has been applied.

The market rental assessment commissioned by Council in May 2018 indicated a rental figure in the order of $2K per annum could be achieved if it were to be leased on a commercial basis. The Museum has for many years been managed effectively by the Pig and Whistle Fleet Club Inc. and it is considered a Museum is currently the best available use for the site, taking into account the heritage listing of the building and the dedication of the reserve for public recreation or heritage purposes only.

On the basis the Pig and Whistle Fleet Club Inc. are a not-for-profit community organisation, it is considered appropriate that Crown Lands be requested to consider further rebating the market rental valuation in line with the Crown Lands minimum annual licence fee currently set at $529.10 per annum.

Council officer time has been required to consult with the licensee and Crown Lands regarding the requirement for a new LA. Further liaison with Crown Lands will also be required to arrange execution of the Agreement and endorsement of Minister’s Consent. Ongoing management of the LA during the term will also require Council officer resources as required.

Legal /Policy

In accordance with the requirements of the Crown Lands Act 1989 (NSW), Council must also obtain the Minister’s Consent to enter into any new LA over Crown Land.

The in-principle support of Crown Lands was sought to enter into another five year LA with the Pig and Whistle Fleet Club Inc.; however the advice received was that in order to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the current operator was appropriate in this instance.

For the following reasons, a public competition process would not be considered beneficial:

1. The Pig and Whistle Fleet Club Inc. are locally based, stand alone and not-for-profit. They have a voluntary management committee comprising local representatives and the term of the proposed LA does not exceed 5 years in duration

2. To comply with the reserve purposes, any occupation needs to be for public recreation or heritage purposes only. The Tathra Wharf Museum run by the Pig and Whistle Fleet Club Inc. complies with the reserve purpose

3. The Pig and Whistle Fleet Club Inc. operating the Tathra Wharf Museum was formed to preserve the maritime history for the village of Tathra and provides an important service to the local community

4. The costs involved in carrying out a market testing/pubic competition process would be greater than the rental achievable once a community not-for-profit rebate is applied

5. Council Property Services officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed

6. The Reserve is now under a recently lodged Aboriginal Land Claim and only existing, low impact uses will receive authorisation until that claim has been assessed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing the building to be occupied by the current tenant as long as the use is authorised by way of a formal LA which contains appropriate indemnity and insurance clauses.

Social / Cultural

The voluntary efforts of the Pig and Whistle Fleet Club Inc. in preserving the maritime history for the village of Tathra over the years are certainly acknowledged and appreciated not only by Council, but the many locals and tourists who have had the opportunity to visit the Museum.

Attachments

Nil

Council 13 June 2018

Item 12.1

12.1. Floodplain Risk Management Focus Group Revitalisation

Nominations have been received for community representatives for Council’s Floodplain Risk Management Focus Group and now require Council’s endorsement.

Director Assets and Operations

Officers Recommendation

1. That Council accept the recommendation from the Confidential Memorandum.

2. That <insert names> be appointed as community representative for the Bega Valley Floodplain Risk Management Focus Group for the term of the current Towamba River, Lake Curalo and Twofold Bay Flood Study project.

3. That the previous community representatives be acknowledged in writing for their contribution.

Executive Summary

Council’s Floodplain Risk Management Focus Group currently has no community representation. The incumbent community representatives' tenure was finalised once Council endorsed the Bega and Brogo Rivers Floodplain Risk Management Study and Plan on 11 April 2018.

Expressions of interest were called during February 2018 for further community representatives and other agency stakeholders following the inception of the current Towamba River, Lake Curalo and Twofold Bay Flood Study to improve the project outcomes. Three (3) expressions of interest were received resulting in one (1) nomination requiring Council’s endorsement.

Background

Council at its meeting of 25 September 2013 resolved to form a Floodplain Risk Management Focus Group to assist with consultation over matters related to floodplain risk management.

The approved Focus Group composition and current status is outlined in Table 1 below:

Table 1: Bega Valley Shire Floodplain Risk Management Focus Group
Agency	Permissible Representatives	Current Representatives
Bega Valley Shire	2 Councillors and 3 Officers	3 Officers
Office of Environment and Heritage	2	1
Southern Region Local Land Services	1	Nil
State Emergency Services	1	1
Department of Planning	1	Nil
Department of Community Services	1	Nil
Community representatives	3	Nil

Council has one (1) active floodplain risk management project the Focus Group is supporting:

· The Towamba River, Lake Curalo and Twofold Bay Flood Study.

A typical floodplain risk management project can take 18-36 months to complete.

Council also has an active Grant Application submitted to the Office of Environment and Heritage for a Flood Study of Pambula River, Pambula Lake, Yowaka River at Pambula and surrounds. Council has yet to receive the corresponding determination of its application outcome. Any decision to accept any Grant offer will be made at a subsequent later meeting of Council.

The Focus Group (also commonly referred to as a Floodplain Risk Management Committee) is a requirement of the NSW State Government’s Floodplain Risk Management Process. Primarily, to provide focus and a forum for the discussion of: technical; social; economic and ecological issues; and distilling possible differing viewpoints on these issues into recommendations to Council for subsequent Management Plans. An outline of typical focus group operations can be found in the Office of Environment and Heritage Floodplain Risk Management Committee Handbook July 2011.

Council also resolved to form a technical sub-committee comprising the following members to deal with technical issues ahead of Focus Group workshops. The current membership status is outlined in Table 2 below:

Table 2: Bega Valley Shire Floodplain Risk Management Technical Sub Committee
Agency	Permissible Representatives	Current Representatives
Bega Valley Shire Council	5 Officers	3 Officers (others co-opted as needed)
Council’s nominated consultant	One consultant per active project	1
Office of Environment and Heritage	2	1
Southern Local Land Services	1	Nil
State Emergency Services	1	1
Bureau of Meteorology	1	Nil

Council endorsed the Bega and Brogo Rivers Floodplain Risk Management Plan on 11 April 2018. According to the revised terms of tenure of Focus Group Community Representatives endorsed by Council 23 November 2016, the existing community representative is no longer required. Consequently, Council now has vacancies for all three (3) community representatives permissible.

As individual Floodplain Risk Management Plans are adopted by Council, individual Focus Groups or community representatives are not strictly required (under the NSW Government Floodplain Development Manual, the Management of Flood Liable Land, April 2005 (FDM)) but can be advantageous as Council becomes responsible for the implementation of any Floodplain Risk Management Plan. Also, it is not a strict requirement of the FDM that community representatives reside within the catchment under study although this is advantageous.

Options

Council has 2 available options:

a. To endorse the relevant nomination

b. To not endorse the relevant nomination

Endorsing the relevant nomination would allow Council to achieve improved project outcomes for the current Towamba River, Lake Curalo and Twofold Bay Flood Study in accordance with the NSW Government FDM.

Not endorsing the relevant nomination would reduce the likelihood of satisfactory community and project outcomes subject to the risks outlined following.

Community Engagement

Consultation undertaken

Invitations were issued to agency stakeholders during February 2018 and a number of agencies declined to participate. A call for expressions of interest for community representatives was also conducted during February 2018 via Council News.

Three (3) expressions of interest were received resulting in one (1) nomination that now requires Council’s endorsement.

Council’s incumbent Focus Group community Representative was advised their commitment to the Focus Group was completed with Council’s endorsement of the Bega and Brogo Rivers Floodplain Risk Management Study and Plan on 11 April 2018. An invitation to re-apply was extended but declined due to changes in personal circumstances.

Consultation Planned

Consultation with Council’s Floodplain Risk Management Focus Group and its technical sub-committee are requirements for any active floodplain risk management project in accordance with the 2005 NSW Government FDM.

Typically, the community is also consulted during the initial data gathering and public exhibition phase of any floodplain risk management project.

Council consideration of input

Providing consultation via a Focus Group is the subject of this report in order to meet current NSW Government requirements contained within the FDM.

The input from the Focus Group and technical sub-committee are incorporated into any final floodplain risk management project outcomes. The endorsement of any final outcomes and recommendations arising from floodplain risk management projects are formally considered by Council when individual project reports are finalised for endorsement.

Financial and resource considerations

The ongoing operation of the Focus Group can cost up to $1,000 per annum dependent on the number of active projects in progress. Costs are typically funded from stormwater operating expenses as they are considered ineligible expenses under the State Government’s Floodplain Risk Management Grant Programme.

Funding source		Amount
Stormwater operating expenses	$	1000.00

Future flood studies, floodplain risk management studies or implementation of Floodplain Risk Management Plans requiring any Focus Group input will also require Council officer and financial resources as they arise or as Grants are secured. Other resources required will be meeting room facilities whenever any Focus Group or technical sub-committees are convened.

Legal /Policy

In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the Management of Flood Liable Land, April 2005.

The Manual is available online from the Office of Environment and Heritage through the following link:

http://www.environment.nsw.gov.au/floodplains/manual.htm

Locally, the NSW Government Policy is implemented through Council’s adopted Local Environmental Plan 2013, Clause 6.3 ‘Flood Risk Planning’ and Development Control Plan (DCP) 2013, Section 5.8.1 ‘Flood Planning’. Focus Group recommendations are purely advisory in nature as responsibility for planning matters lies with Council. The Focus Group’s principal objective is to assist Council in developing one or more Floodplain Risk Management Plans for the LGA. Any resultant recommendations from the Focus Group may necessitate a review of Council’s existing policies when Floodplain Risk Management Plans are eventually adopted.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed floodplain risk management projects the Focus Group are supporting will form key technical documents for the implementation of a future Floodplain Risk Management Plan. The completed projects will allow Council to identify and manage the existing flood risks within the catchments under study. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address existing and future flood risk. The Focus Group plays a key role in developing desirable floodplain risk management outcomes for Council and its community.

The projects being supported by the Focus Group meet the 2017/2018 Operational Plan and Community Strategic Plan Goal 7 ‘Identify and complete floodplain risk management projects’.

Environmental / Sustainability

Environmental concerns such as climate change and catchment management practices will be addressed through the diverse composition of the Focus Group that typically include Council Planning and Environment officers, State Agency specialists and community representation.

Economic

Minor economic benefits are realised with the operation of the Focus Group and its technical sub-committee when retail, accommodation and other services are consumed by individual members during the course of its operation.

Risk

The Focus Group and its technical sub-committee will provide input for floodplain risk management and minimisation strategies for Council and community assets as part of the overall Floodplain Risk Management Process in accordance with the FDM.

A lack of community representation on the Focus Group can reduce the likelihood of achieving satisfactory outcomes for community stakeholders or capture of valuable local knowledge. These potentially adverse outcomes can be mitigated in part by broad scale community consultation during the initial data gathering phase and public exhibition phase of any floodplain risk management project.

Social / Cultural

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

Social/cultural concerns will be addressed through the diverse composition of the Focus Group that includes Council officers, State Agency specialists and community representation.

Attachments

1 ⇨. Floodplain Risk Management Focus Group Nomination (Councillor Only)

Council 13 June 2018

Item 12.2

12.2. Bruce Steer Pool Public Amenities

Summary of recent consultation and feedback on proposed new Public Amenities Building at Bruce Steer Pool Bermagui following conclusion of the consultation period.

Director Assets and Operations

Officers Recommendation

1. That Council amend the exhibited Bruce Steer Pool Amenities Building design based on feedback from the recent consultation and proceed with option four (4) as discussed in the report.

2. That the existing amenities building be retained until the new building is commissioned.

3. That usage counters be placed on both buildings to monitor total use against the capacity of the new building and the results be reported to Council.

4. The attached Draft Bruce Steer Pool Costal Accessibility Plan be adopted, with the exception of item 13 ‘upper picnic area’, noting the future of the existing toilet block is to be resolved by Council pending Recommendation 3 above.

Executive Summary

Council has been working on developing Coastal Accessibility Masterplans at three key sites across the Shire, being Pambula Beach Reserve, Short Point Merimbula and Bruce Steer Pool Bermagui.

The Masterplans (Plans) take a whole of site approach to planning for asset renewals and improvements at the sites and identify the current and future needs of the community. The Plans are used to guide the development of recreational facilities to cater for those needs, with a particular focus on improving accessibility for all.

An item included in the Draft Bruce Steer Pool Coastal Accessibility Plan was relocating the existing amenities building to the lower level of the site. This would enable more and improved use of the facilities by those with limited mobility and take advantage of the protected swimming area and gentle grades at the site.

Draft designs for a new Amenities Building to be located on the lower level of the site were placed on public exhibition. Considering the survey response, feedback and submissions, some changes are proposed and recommended to the exhibited Draft Amenities Building design including extending cubical to include small change areas and changing the indoor shower cubicle to be a toilet.

The proposed closure of the existing toilet block included in the Draft Bruce Steer Pool Coastal Accessibility Plan has been contentious with submissions received from the Bermagui Chamber of Commerce and Bermagui Big Game Fishing Club, objecting to the closure of the existing toilet block which is due for renewal. There had also been requests to include indoor showers and change area/s in the new Amenities Building. This item resulted in the draft Plan not being adopted by Council. The copy of the Draft Bruce Steer Pool Coastal Accessibility Plan is attached noting this item is yet to be finalised.

Background

At the Council meeting on 7 June 2017 Council considered the report 10.3 Bruce Steer Pool Bermagui – Public Amenities Building. Council resolved:

That the report be deferred to allow further information be provided to Councillors and the Bermagui community to come to an agreement with Council on the provision of toilet facilities at this location.

Also, for additional background, at the Council meeting on 26 April 2017 Council considered the report 10.3 Revised Coastal Accessibility Plan. Council Resolved:

That the matter be deferred for further report to Council on full asset implications of matters raised in the deputation to Council as per Council’s Code of Meeting Practice.

As a result, the Bruce Steer Pool Coastal Accessibility Plan has remained in Draft form. A copy of the current Draft Plan, noting the removal of the existing toilet block (item 13) is yet to be finalised, is attached.

Community consultation on a Draft Public Amenities Building design has been completed and the results are summarised in this report. A full copy of the consultation feedback is attached.

An important part of master planning relates to asset management and asset renewal. Often over time the use of an area and community needs can change. A simple ‘like for like’ asset renewal program may not acknowledge these changes and in turn result in new assets that do not reflect current and future needs.

Community Engagement

Consultation undertaken

Council's ‘Your Say’ web page was used to undertake an online consultation program. A link to the page was distributed to the project stakeholder group, with an invite to distribute that link and information to contacts and memberships more broadly. The consultation ran for four weeks.

The online consultation included a brief overview of the project, a Draft Plan of the proposed amenities, a list of facilities included in that design and three questions to gauge feedback on: preference of toilet or shower / change facilities; acceptance of unisex facilities and preferences for additional facilities if there was room in the project budget. There was also opportunity to provide comments online and / or email feedback. A copy of the on line community consultation and email feedback received is attached to this report.

Consultation response

There were 60 responses to the online consultation and four email submissions. While 60 responses is a fair result it should be noted this response represents approximately .3% of the over 18 year old population of the Bermagui Coast District (1804 profile.id.com.au/bega-valley/population). This would suggest the large majority were either happy with the draft design; were ambivalent or did not view the information on Council’s ‘Your Say’ page.

The graphs below represent the responses to each of the three questions.

A copy of the online comments and email responses are included in the attachments. Those that commented presented a range of views. Two issues are contentious. They are retention or not of the existing aging amenities building and provision of internal showers and change areas.

Retaining the Existing Amenities

The future of the existing amenities building has been contentious. Submissions have been received from the Bermagui Big Game Fishing Club and Bermagui Chamber of Commerce stating the existing facilities needs to be retained due to the number of boats and fishermen which use the boat ramp. The following items relate to the demolition or ongoing servicing of the existing amenities building:

· The proposed new location is 40m from the current location.

· Retaining the current facility will see that asset requiring ongoing management. (operations, maintenance and renewal)

· Comparable sites are Spencer Park Merimbula (3 toilets) and Merimbula Boat ramp (2 toilets)

· Use by boats at the site is generally staggered due to the capacity of the boat ramp, meaning it would be unusual for all boat ramp users to be on site at once.

· Based on an estimated average use/need time per person time of 2mins every 3hrs it is estimated a two toilet facility will service approx. 180 people at the site at any given time. A three toilet facility will service approx. 270 people at the site at any given time. Short wait times increase this capacity.

Internal Showers and Change Facilities

There were also submissions relating to the retention of indoor showers and change areas. The following items relate to the inclusion of change areas.

· The consultation feedback represents a preference for toilets facilities over internal change and shower areas.

· Current crime prevention design practice not to include communal internal areas if possible as a measure of reducing the chance of unwanted encounters.

· Including internal shower / change areas will increase the size and cost of the building.

· External showers are included in the design, similar to many other sites in the Shire

· There is scope to extend the length of cubicles to include a small changing area in each.

Options

There are a number of options regarding provision of amenities at the Bruce Steer Pool site. These can range from do nothing to building two new / upgraded facilities. Five options are presented below. The table below assesses how effective these are considering quality, facility provision, accessibility, ongoing asset management, project cost.

Option / Description	Facility Quality / Expectations	Facility Provision	Access	Asset Management	Project Cost	Option Score
1. Do Nothing	1	3	1	2	5	12
2. Renew Existing	4	3	2	4	4	17
3. Exhibited Design	4	3	4	5	4	20
4. Revised Design	5	4	4	5	3	21
5. Two Facilities	5	5	5	2	1	18
(1 - 5 scoring: 1 = poor outcome; 3 = Satisfactory / compliance; 5 = best possible outcome)

Within the survey feedback it is notable there are varying levels of importance placed against these items. For example some see accessibility as the most important item while others see providing facilities to cater for peak demand times as most important. Some would like to see internal showers and change facilities while others place more importance on provision of toilet facilities. Likewise project affordability and ongoing asset management are important elements for Council. The challenge is selecting the best option on balance. The scoring table above looks to give an overall assessment considering each item to help make a balanced decision.

Option 4 Revised Design rates the highest in the scoring. This would see the following amendments from the Draft facilities design exhibited based on feedback from the survey where possible within the project budget.

· Change the internal shower / change to an additional toilet.

· Each cubical extended to include a small change area including bench and towel hooks (example below)

· Foot taps included with external showers.

· Design to include an additional toilet to be included if possible within the project budget.

Example of extended cubical to include change area.

Financial and resource considerations

The renewal of the existing amenities building has been identified for two years. The project cost is expected to be $125k. Funding is within the 2017/18 Leisure and Recreation Capital Works budget. A request to revote that unspent amount to the 2018/19 budget will be made.

Ideally a new building would utilise some of the infrastructure servicing the existing building such as pumps and pits. This would result in savings of approximately $10k to the project. This will not be possible if the existing building is retained (in either the short or long term).

On average it costs $10.7k to service an amenities building annually. Typically, operations and maintenance costs are reduced in new buildings as a result of more efficient water use and consideration of layout and cleaning in design.

Legal /Policy

New public or renovated amenities buildings must comply with current building regulations and standards.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Installing an Amenities Building at Bruce Steer Pool is an important element in the Draft Coastal Accessibility Plan for the site. This Plan links to the following ambitions and outcomes identified in the Bega Valley Community Strategic Plan 2030:

· Community Ambition A2: Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.

· Outcome Area A2.3: Safe and well maintained sporting fields, recreation areas and built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.

Asset Management

This type of planning links directly to asset renewal. It allows for consideration of changes in standards, needs and expectations since the current facilities were built.

The current amenities building is due for renewal. It is old, does not meet current standards or expectations, and does not present well. Retaining it in its current state will not resolve these problems. It will require ongoing operations and maintenance as well as asset implications relating to renewal and ongoing deterioration.

Economic

Provision and quality of recreation facilities can be directly related to user experience. This applies to both locals and visitors. Accessible tourism is known to be a developing market. Improving facilities that also align with a developing tourism market is likely to bring economic benefits. In this instance that will be attracting those with limited mobility, and their friends and families.

Risk

Risk	Comment
Under provision	Under provision is when there is a regular under supply of available facilities. Consideration has been given to site user numbers and number of facilities at comparable sites. There is scope to add temporary facilities to supplement at peak demand events.
Over provision	Over provision results in wasted resources in terms of initial project cost and ongoing operations and maintenance.
Asset duplication / management	Retaining the existing building does not resolve the problems with that building and it is likely to result in the expectation it will also be upgraded.
Over expenditure	Over expenditure will result in reduced funding availability for other elements within the Bruce Steer Pool Coastal Accessibility Masterplan.

Social / Cultural

The Bruce Steer Pool Coastal Accessibility Plan recognises the unique coastal environment of the Bega Valley Shire is one of the greatest attractions for residents and visitors. One of the aims of providing amenities at the lower level of the site is to improve accessibility and to remove some of the barriers presented to those with limited mobility.

Attachments

1 ⇩. Bruce Steer Pool - AMENITIES Draft design for exhibition

2 ⇩. BVSC Draft Bruce Steer Pool Coastal Accessibility Plan - Item 13 to be finalised

3 ⇨. Bruce Steer Pool - Online Consultation feedback Proposed Amenities Facility (Councillor Only)

4 ⇨. Bruce Steer Pool Amenities Consultation - Comments (Councillor Only)

5 ⇨. Bruce Steer Pool Amenities Consultation - Comments (Councillor Only)

6 ⇨. Bruce Steer Pool toilet proposal - Comments (Councillor Only)

7 ⇨. Bruce Steer Pool Amenities Consultation - Comments (Councillor Only)

Council 13 June 2018

Item 12.3

12.3. Pambula Pony Club - Project Proposal Safety Fence

This report provides additional information, as directed by Council Resolution, on the Pambula Pony Club project proposal to install a safety fence at Pambula Sporting Complex.

Director Assets and Operations

Officers Recommendation

1. That Council provide in principle support for the Pambula Pony Club Safety fence proposal.

2. That the Pambula Pony Club and the Pambula Sporting Complex Site Committee work together to reach an agreement on materials.

Executive Summary

At the Council meeting on 11 April 2018 Council considered the report 12.3 Community Project Proposals which included a proposal from the Pambula Pony Club to install a safety fence at Pambula Sporting Complex. Relevant to this project proposal Council resolved: At Item 3

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

That the proposal “Pambula Pony Club Safety Fence” approved by staff, noting Master Plan and conditions, is noted by Council be deferred for further report to Council.

This report follows that Council Resolution.

Background

Standard practice for user groups planning to undertake works on public land on sites that have a site committee in place, is to get the endorsement of that committee. This was intended with this project. The Council officer's comment included in the project proposal summary document attached to the Council report was:

The project has merit. Requires the agreement of the site committee. Will require a condition that the fence will be removed, if required, when the Pambula Masterplan commences. The Pony Club is fully funding the project with access via two gates at each end of the proposed fence. Applicant to deliver project and WH&S requirements.

The site committee provided the following comments in the minutes of its meeting 9 March 2018 (copy received 06 April 2018):

Discussion about the proposal from the Pony Club about building a fence below the viewing bank. Agreement about need for fencing, concerns expressed about the type of construction and materials used such as steel posts, its suitability and impact for other user groups. MOVED N. Fitzpatrick SECONDED G .Baker The Pony Club re investigate the construction type/materials for the proposed containment fence with a view to alternative construction methods and materials eg poly fencing, as we agree with the safety aspect but not the proposed construction model. CARRIED

Following the 11 April 2018 Resolution of Council, correspondence has been received from the Pambula Pony Club regarding their project proposal application. In regard to materials to be used the Pony Club have advised:

‘The farm style fencing was considered our best option given budget/time and also its ease of removability.

Our club sees no issue with the use of steel pickets. Steel pickets are an extremely common used material in the construction of fences used on most horse properties and facilities. As noted in our application, we propose to cap all steel posts and use white plastic coated wire for the top strand. For horses, fence visibility is of paramount importance. “Horse sighter wire” has a white plastic coating which makes the wires more visible to horses. Steel posts require no maintenance and are easily removed. They also provide a flexible nature to a sudden impact that hardwood or steel fencing do not.

We are however willing to explore the construction of hardwood farm fence. It should be noted that this will be a much less temporary option and will also require continued maintenance.

Additionally; if other users of the ground wish to contribute to the cost of this fence then we would be happy to explore other fencing materials.’

Options

In regard to the proposed fence the correspondence from the Pony Club addresses many of the items raised in the Pambula Sporting Complex Committee and provides an undertaking that the Pony Club is willing to explore using other materials (hardwood farm fence).

Community Engagement

Conversations have been had by Council officers with the Chair of the Pambula Sporting Complex Site Committee and the Pambula Pony Club Council Liaison Officer. Contact information was sent to both parties by email and it is expected the Pony Club and the Pambula Sporting Complex Site Committee will be able to reach an agreement on appropriate materials to deliver a suitable outcome.

Financial and resource considerations

The Pony Club was to fund the initial proposal. Depending on the materials to be used the project costs may increase.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Pony Club Safety Fence proposal aligns with the adopted Pambula Sporting Complex Masterplan.

Risk

Questions have been raised in regard to management of risk and safety during Pony Club events. The area has been used by the Pony Club in its existing condition for a number of years. The following are included in the current sportsground booking form terms and conditions which have been completed by the Pambula Pony Club and are relevant to risk management:

2. All registered clubs, incorporated organisations or commercial enterprises hiring Council facilities must provide a copy of their Certificate of Insurance for Public Liability (Minimum $20 million).

4. A ground inspection will be carried out by the referee/umpire and the user group prior to the commencement of training or competition. Any problems should be repaired if possible, or referred to Bega Valley Shire Council. Play should not commence until any problems have been suitably managed.

The proposed Pambula Pony Club Safety Fence project is a measure to further reduce and manage risks related to uses events at the site involving horses and livestock.

Attachments

Nil

Council 13 June 2018

Item 12.8

12.8. Lake Street Shared Path

This report details the outcomes of the public exhibition for the Lake Street Shared Path Project in Merimbula and provides feedback on the key concerns from the community. A recommendation is put forward to proceed with Option A with further options for consideration discussed in the report.

Director Assets and Operations

Officers Recommendation

1. That Council endorse the conclusions of the report - Feasibility Study of Options A, B & C.

2 That Council acknowledge the key community concerns that arose from the public exhibition and the contents of the Public Exhibition Survey Findings.

3. That Council acknowledge the key findings of the ‘Traffic Engineering Assessment of Options’.

4. That Council endorse 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 and proceed to the Detailed Design and Tender Documentation.

5. That Council look to set aside funding for the future provision of a footpath on Wyeebo Street.

Executive Summary

This report details the outcomes of the public exhibition process for the Lake Street Shared Path Project in Merimbula and provides feedback on the key concerns from the community.

With the key issues being addressed, it is recommended that Council proceed with the detailed design and tender documentation 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 in line with the recommendations of the Feasibility Study.

Alternative options are considered and discussed in the report with the staff recommendation provided on the basis that it is the lowest short term and long term risk to Council both in terms of delivery and ongoing asset management liability and meets the funding program criteria.

Background

Council resolved to support the Community Project Proposal – Lake Street Walk Proposal from the Bureau of Accessible Tourism (BOAT) in June 2016.

On 22 September 2017 Council were recipients of $2M 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.

Council undertook a Request for Quote (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.

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

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

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

3. Option C – Hybrid 2 + 1: Maintain two way road to Bar Beach, One Way road from Bar Beach to Wharf Street

On 11 April 2018 Council resolved that all three options, identified in the Feasibility Study, A, B and C proceed to public exhibition and that following the community consultation, Council receive a report on the preferred option including a Quantity Surveyor's report and if there is a funding gap, an approach be made to the local State Government Member to fund the short fall.

Public Exhibition

On Friday 27 April 2018 Options A, B and C and the feasibility study, were placed on public exhibition with the ‘Have Your Say’ page on Bega Valley Shire Council (BVSC) website along with a survey in order to gauge the community’s key values and preference.

The public exhibition period was open for three weeks with submissions closing on Sunday 20 May 2018.

Feasibility Study of Options with Appendices Lake Street Shared Path

Survey Findings

A full copy of the survey findings is attached, with the key results being:

- 170 respondents

- With engagement dropping to 151 respondents by the end of the survey.

The survey resulted in a vote of:

	Weighted Scores*		Original Survey Scores
A	27	24%	30	20%
B	65	57%	88	58%
C	22	19%	33	22%
	114		151

*To prevent potential duplications, a weighted score was calculated based on a set criteria (see attached report).The weighted score resulted in a similar distribution to the original scores.

- 91.76% respondents were residents of Bega Valley Shire, with 56.47% of respondent being residents of Long Point.

- 32.93% of respondents walk along Lake Street to the Wharf more than twice a month; this would increase to 49.39% if there was a shared path.

- 72.84% of respondents are willing to wait longer than 12 months for a shared path to be constructed.

- That the potential impacts to the environment, cultural heritage, parking in Bar Beach, and pedestrian usage of Lake Street, were not the key metrics for the community in their assessments of the objectives of the Project.

Key Community Values

The key values for the community in assessing the merits of a Shared Path in Lake Street are:

- Perceived impacts of increased traffic in surrounding streets to residents amenity

- The desire for a path that capitalises on views

- Impact of increased traffic to surrounding streets on pedestrians

- Emergency event management with a one-way street

Community Proposed Options

During the public exhibition period, Council received numerous alternate options.

Option D was proposed by the Community and consists of:

- One way (southbound) from Main Street to Wyeebo Street

- Two way between Wyeebo Street to Bar Beach Car Park Access

- One way from south of Bar Beach Car Park Access

This Option was considered by a Traffic Engineer and the pros/cons and impacts on the traffic on the surrounding streets are contained in the attached ‘Traffic Engineering Assessment of Options’.

Option E was reviewed in consideration of the Notices Of Motion in the Council meeting of the 23 May 2018 ‘Investigation of permissibility of additional option - Lake Street Active Transport Project’ to build an accessible pathway from Spencer Park to Bar Beach to augment the current walking track

This Option was reviewed at a high level, to look at the feasibility of the Option means consideration of existing funding agreement and liaising with the appropriate funding body to investigate if the path can be reduced to a walking path only.

Option F is the ‘Do Nothing’ option and looks to hand the funding back, as this was a clear theme during the Public Exhibition that if Option B could not be achieved, it was better to do nothing.

Option G is essentially delivering Option B but reducing the length of the Shared path from Spencer Park to Bar Beach subject to approval from the funding body to reduce the scope of the path.

During the community consultation, there were also comments this money would be better spent in other areas, such as Merimbula Lake Boardwalk; connecting Spencer Park to the town centre.

Response to Community Concerns

In response to the community concerns a Traffic Engineer (O’Brien Traffic) and the Rural Fire Service (RFS) have been consulted and requested to provide a response to the proposals and the community concerns

Traffic Engineers O’Brien Traffic have reviewed the impacts on the surrounding streets and provided a detailed report on impacts and road safety aspect as attached ‘Traffic Engineering Assessment of Options’.

NSW Rural Fire Service have been contacted and have provided formal feedback to community concerns in regards to the impacts of the one-way road system in the event of a bushfire.

RFS have advised that the proposal would be acceptable as long the following are met:

- demonstrate compliance with table 4.1 of Planning for Bushfire Protection for a Category 1 appliance

- the proposed changes do not restrict access to hydrants

- the Local Emergency Management Committee is formally advised of the change

These requirements have been reviewed and it is considered that all requirements can be met during the detailed design phase.

Traffic Impact - One Way System

Options A, B, C and D were reviewed looking at Existing Traffic Conditions, Traffic Distribution, Traffic Impact, Pros/Cons of each Option.

Overall Option A was found to improve safety for all modes on Lake Street when compared to the existing configuration and the other Options reviewed. Option A would provide more formal parking areas on Lake Street, potentially relieving pressure off the adjacent streets and making the existing on-street parking available for residents.

The reconfiguration of Lake Street into a one way system would result in the following changes to average weekday traffic conditions in July (northbound NBD; southbound SBD):

- NBD Wyeebo Street (north of Hill Street): +374 vehicles per day;

- NBD Wyeebo Street (south of Hill Street): +18 vehicles per day

- NBD Wharf Street/Hill Street: +356 vehicles per day

- SBD Lake Street (north of Wharf Street): +163 vehicles per day and

- NBD Lake Street (north end): -374 vehicles per day.

Based on a review of historical traffic data in the vicinity of Lake Street, the weekday traffic volumes would be estimated to double during the peak summer conditions in the Long Point area.

Based on inspection of the area and noting existing carriageway widths, the following roads in the Long Point area would be classified as Access Street – Level 1:

- Wyeebo Street between Lake Street and Hill Street

- Wharf Road between Lake Street and Yarai Street

The following roads would be classified as Access Street – Level 2:

- Hill Street

- Wyeebo Street between Hill Street and Cliff Street

An Access Street- Level 1 can accommodate up to 2,000 vehicles per day and an Access Street-Level 2 can accommodate up to 3,000 vehicles per day, the surrounding street network is capable of absorbing additional traffic as the volumes are expected to be well below 2,000 vehicles per day. Even if traffic volumes in the summer months are double the July traffic volumes, local streets would still experience less than 2,000 vehicles per day.

The resultant traffic volumes would therefore not change the function of streets in the Long Point area.

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 unless a formal variation is submitted and accepted by RMS.

Funding Limitations

The funding is limited to infrastructure projects that specifically involve the construction of new infrastructure. These projects are also required to comply with relevant Australian Standards and Roads and Maritime technical directions, as well as be consistent with Austroads and other relevant guidance e.g. Planning Guidelines for Walking and Cycling, NSW Bicycle Guidelines.

Eligible projects are new infrastructure assets on the local and regional road network which address a missing link. The Guidelines specifically exclude footpaths and facilities primarily for a recreation purpose.

The RMS Active Transport program manager has been consulted in regards to a change of scope and a formal variation would be required and send to the Transport for NSW for their consideration

Any changes to the scope would be appraised by the funding partners, and as there has been an announcement about the scope of the project by the Minister for Transport and Infrastructure, specifically that it would be a shared path for cyclists and pedestrians, there is a possibility the funding would be at risk if the project scope were to change.

Cost Comparison Analysis

As part of the initial feasibility study, a detailed cost analysis was undertaken for Options A to C MDA Australia, a well-respected and leading Quantity Surveying and Cost Consultancy Firm.

	Option A – One Way	Option B – Two Way	Option C - Hybrid
Project Funding	$2,000,000	$2,000,000	$2,000,000
Design & Project Management Fees (12.5%)	$250,000	$250,000	$250,000
Estimated Works Cost	$890,946	$4,677,241	$3,100,490
Additional Works*	$684,054	$0	$0
Project Contingency (10%)	$175,000	$467,724	$310,049
Total Estimated Project Cost	$2,000,000	$5,394,965	$3,660,539
Overspend/Underspend	$0	- $3,394,965	-$1,660,539

*Additional Works – lookouts, formal car parking, intersections improvement works, revegetation, seating and rest areas

Review of Options Available

A high level review of Options A through to G was undertaken to look at impacts on the existing funding, estimated overall costs and other key constraints.

	Option A	Option B	Option C	Option D	Option E	Option F	Option G
Criteria	One Way	Two Way	2 Way + 1 Way	1 Way + 2 Way + 1 Way	Augment Walking Track	Do Nothing	Option B with reduced path length
Funding - Cost	Within funding	Exceeds Funding	Exceeds Funding	Exceeds Funding	Exceeds Funding	N/A	Within Funding
Funding - Time	Within funding deed	Exceeds Funding deed	Exceeds Funding deed	Exceeds Funding deed	Exceeds Funding deed	N/A	Exceeds Funding Deed
Funding - Scope	Meets Scope	Meets Scope	Meets Scope	Meets Scope	Change of Scope	N/A	Change of Scope
Accessibility	Yes	Yes	Yes	Yes	No	No Change	Yes
Vehicle Safety	Safest Option	No Change	Safer option	Safe option	No Change	No Change	No Change
Active Transport Safety	Safest Option	Safest Option	Safest Option	Safest Option	No Change	No Change	Safest option
Risk Profile Delivery	Medium	Very High	High	Medium	High	Low	Medium
Public Perception	High	Low	High	High	Low	No Change	low
Ecological Impact	Low	High	High	Medium	High	N/A	High
Heritage Impact	Low	High	High	Medium	High	N/A	High
Estimated Cost	$2mil	$5.4m	$3.7m	$2m	$2.8m	$200k	TBC
Estimated Funding Shortfall	$0	$3.4m	$1.7m	$0	$800k	$200k (potential for payback of funds spent)	TBC

As identified in the table above, one of the key common impacts for any option other than option A and F is not meeting the funding timeframe. The reason for this is that any option other than undertaking works on the existing road alignment will likely trigger the need for more comprehensive environmental and cultural assessments with the timeframe for those assessments to be undertaken and reviewed by relevant external agencies unclear. In addition, until any such assessments are undertaken it is difficult to determine the impacts of any environmental or cultural considerations that may need to be mitigated. This is level of uncertainty is a key consideration in the recommended preferred option that is being provided by staff.

Should Council consider an alternate direction to that being recommended and further discussed below, it should be on the understanding that there are some inherent risks that are difficult to predict. This may be mitigated to some degree by having any potential variation to a funding agreement scope recognising that risk.

Recommended Option A – One Way

It is the Asset and Operations Directorate and External Consultant teams' conclusion that Option A; the conversion of Lake Street to a one way road (southbound) with creation of a 1.7km on ground shared path along the existing northbound lane of Lake Street, is the most feasible, viable and cost effective option for a shared path from Rotary Park to Merimbula Wharf.

Option A is considered to be the most cost-effective solution for construction of a shared path at Lake Street, Merimbula and provides improved social and environmental benefits which surpass those of the alternative options.

These benefits include:

· Reduced environmental impacts (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 with local provenance terrestrial vegetation)

· Minimal impact on cultural heritage, and

· The creation of a one-way vehicle lane and a shared pedestrian path would eliminate the motor vehicle loading on the outside lane and the risk of future embankment failure

Option A also meets the requirements that will provide a safer route for all users within the given budget limitations, improve recreational values for the public and protect environmental and cultural values along the proposed route.

Option A meets all of the funding body requirements.

Potential Improvement Options if Option A is selected

The following considerations could be given to further minimise any potential or perceived impacts to the surrounding street network and road safety. Any of these recommendations could be implemented in isolation to the Shared Path project:

a) Monitoring traffic conditions, especially volumes and speeds following the implementation of the shared path.

b) Request for reduction of the speed limit to 40km/hr on Wharf Street, Hill Street and Wyeebo Street.

c) Provision of traffic calming measures such as speed humps on Wharf Street, Hill Street and Wyeebo Street, although it is anticipated the existing width of streets would continue to promote lower speeds.

d) Provision of wayfinding signs on Cliff Street to encourage southbound vehicles to use Lake Street rather than Wyeebo Street.

e) Provision of indented parking on Wyeebo Street between Lake Street and Hill Street.

f) Provision of a footpath on Wyeebo Street.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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.”

Additionally, this is in line with the changes the community want in the BVSC as stated in Understanding Our Place Survey 2016: We would like to see:

- Improved public transport options and bike paths

- Improved roads, parking, and footpaths

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 depending on which option is selected the impacts could vary significantly.

Whole of Life Costs

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

In 2016 Council resolved to support the project on the basis it does not create a cost impost on Council. It is therefore necessary to consider the whole of life costings when considering the option to endorse.

Of the Options presented Option A – One Way or Option F - Do Nothing option, will have the least impact to Council for the life of the asset with Option A replacing one Asset (Road) with another (Shared path) and Option F maintaining the Status Quo.

Options B – Two Way, Option C – Hybrid Option D – Hybrid option and Option E – Augment Walking Track and Option G – reduced Option B, all introduce additional assets which will need to be maintained for the life of the asset.

Social / Cultural

The shared path originated from a proposal made by BOAT, a community group. The aim of the shared path is to provide an equitable and safe pathway along Lake Street. The shared pathway would provide an equal social space for residents and visitors to navigate this scenic route.

Bar Beach and the Long Point area has a high social and cultural value to all in the Bega Valley Shire community. This area is also has a high cultural value to the Yuin people and any augmentation of the existing walking trail, the Djirringani People’s Walk ,would need to be carefully considered to mitigate any impacts upon the indigenous significance of the area.

The addition of a shared path along Lake Street is a complex issue that involves community discussion about resident’s amenity, safety, right to enjoy quietness, keeping the small town charm, weighing the impact to local Long Point residents against any benefit to the wider community.

Conclusion

This report details the outcomes of the community exhibition for the Lake Street Shared Path Project in Merimbula and provides feedback on the key concerns from the exhibition period from the community.

The following options are available for Council to consider in regards to moving forward with the Lake Street Shared Path Project.

1. Option A – One Way Road with Separate Path (on closed road lane)

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

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

4. Option D – Hybrid 1 Way + 2 Way + 1 Way One-way road (southbound) north of Wyeebo Street and south of the Beach Bar car park access and a two-way road between Wyeebo Street and the Bar Beach car park access

5. Option E – Augment the existing walking trail to create an accessible pathway from Rotary Park to Bar Beach

6. Option F – Maintain the Status Quo and hand back the funding

7. Option G – Delivery of Option B with reduced length from Rotary Park to Bar Beach

It is recommended that Council endorse the recommendations of the feasibility report and Option A; the conversion of Lake Street to a one way road (south bound) with a creation of a 1.7km on ground shared path along the existing northbound lane of Lake Street as the most feasible, viable, maintainable and cost effective option for a shared path from Rotary Park to Merimbula Wharf.

Consideration should be given to implementing potential improvement options including setting aside funding for the future provision of a footpath on Wyeebo Street.

Attachments

1 ⇩. Obrien Traffic Engineering Assessment of Options

2 ⇩. Lake Street Shared Path Survey Results and Community Feedback Log

Council 13 June 2018

Item 13.1

13.1. Update on Tathra, Vimy Ridge, Reedy Swamp Fire Recovery

This report outlines the continued impacts on the Council’s operations following from the 18 March 2018 fires.

General Manager

Officers Recommendation

1. That Council note the report and the current and expected impacts on Council operations related to the Tathra and District fire recovery.

2. That the impacts of the recovery on Council operations and resourcing be monitored and included in the annual report as it relates to 2017/18 and in quarterly financial reports to Council during the 2018/19 year.

Executive Summary

The devastating fire which swept through Reedy Swamp, Vimy Ridge and Tathra on 18 March 2018 resulted in significant response actions to fight and control the fire and to protect life and property.

Also on the 18 March, recovery activities commenced. This included the appointment of a Recovery Coordinator, Euan Ferguson, by the Premier, on 19 March 2018 and was supported by significant activity led by the NSW Office of Emergency Management and other State agencies and a full scale initiation of recovery activities by Council.

The recovery focus for Council will continue for the next 18 months with some activities extending beyond that period. These required activities have impacted on the “business as usual” activities of Council as planned for 2017/18 and this will continue into the 2018/19 year as outlined in the draft Operational Plan currently on public exhibition.

Background

The fire on 18 March 2018 burnt through more than 1,250 hectares and impacted properties in Tathra, Reedy Swamp and Vimy Ridge.

119 houses were destroyed or damaged, of these 76 were primary residences and 31 were identified as containing asbestos. Three community facilities were destroyed and two businesses were completely destroyed with others impacted by loss of stock and trade. Thirty (30) holiday caravans in one caravan park were destroyed

The Tathra and District Fire Recovery Committee was established on 20 March 2018 and has met regularly since. Initially meetings were convened twice a week, then weekly and now every two to three weeks. The Recovery Committee has representatives of a range of State, emergency, health and other agencies represented.

Sub Committees leading recovery work in Health and Wellbeing, Infrastructure Waste and Environment and Business and Tourism were established.

The Recovery Centre commenced operating in the Bega Valley Commemorative Civic Centre on Thursday 22 March 2018, then moved to the Old Council Chambers and now continues to operate through Council’s front office supporting those affected in a wide range of ways.

Recovery priorities have focussed around ensuring all people left homeless or unable to access their damaged home were housed; completing clean up and debris removal; establishing recovery support services; establishing mental health support and community engagement activities; distribution of appeal funds; support for residents in the rebuilding processes; addressing soil erosion and working with other agencies in re-greening Tathra; and tourism and business support.

Over 400 households have registered through the Recovery Centre.

The Mayoral Appeal opened on 21 March 2018. The appropriate taxation approvals are now in place and the Committee established to develop the framework has been meeting weekly. Stage one applications are now being lodged. Officers from Kiama Council have supported Bega Valley Shire Council staff through the exhaustive process of receipting donations and responding to queries.

The Premier announced access to funding for the Tathra District Fire clean up on 26 March 2018 and on 28 March 2018 the first Community Recovery Meeting was convened and held.

A Tathra Community Reference Group was also established.

Community well-being has been a clear focus since the day of the fire. Mental health support has been available from day one, at first in the Evacuation Centre and then in the Recovery Centre. Experienced recovery experts have worked with the community and with the recovery team, additionally Council has also provided support internally for its employees and others requiring assistance. Follow up telephone outreach calls have recently been carried out to gauge the level of current support needed and effectiveness of current services.

Clean up and demolition activities have included:

· Asbestos make safe and fencing

· Air monitoring

· Availability of the Wallagoot Transfer station 7 days a week

· Establishment of a green waste transfer centre at Evans Park

· Additional bins for the Tathra area collected as part of the clean-up effort

· Demolition works by insurance companies and Public Works Advisory

· Variable Message Board placement to highlight increased construction traffic during demolition removal

· Works to ensure demolition waste including asbestos could be accommodated at the Eden Waste Management facility

· Identification, assessment and removal of dangerous trees

· A full and detailed erosion management report and management plan

· Catchment and river monitoring

· Management of donated goods.

Managing the handling of waste swiftly, safely and effectively has been a priority with considerable allocation of staffing resources in this area,

There have also been an extensive communications and engagement processes put in place with Council working closely with OEM to ensure consistent information and messaging of support and information sources. A Newsletter has been regularly produced. Community meetings have been held, originally weekly and now every two to three weeks, as required, with two sessions on each day to ensure all affected can attend. The sessions are also live streamed.

Rebuilding pathways have been a considerable focus. Initially establishing Asset Protection Zones which enabled rebuilding was the priority and support from the Rural Fire Service (RFS) and Crown Lands was invaluable as Council and these agencies worked to ensure all lost properties could be rebuilt.

Staff from the Building/Planning area from Goulbourn – Mulwaree and Queanbeyan – Palerang Councils has assisted BVSC Council staff through the period with the issuing of the required approvals for demolition. This assistance has been invaluable.

An expo type session on rebuilding, "The Pathway Home", was held on Saturday 12 May 2018 in Tathra. This forum involved displays, information sessions on demolition, bushfire attack levels and ratings, the six steps to building and an outline of Council fees and charges that were waived. There was a question and answer session and opportunities for the over 100 attendees to talk with designers, specialist, builders, certifiers.

Works have been done for some initial soil protection to manage erosion and community replanting programs have commenced.

The Mayoral Appeal Committee has met weekly and established the fund distribution framework and the first round of funding has been released to those affected. Council staff from Kiama City Council have assisted with receipting and administration in this fund.

Community Engagement

There has been extensive community engagement and communications throughout the recovery period to date and this is expected to continue over the coming 18 months.

Diversity in Disaster Conference

The Diversity in Disaster Conference was held on 17 and 18 April 2018 in Melbourne, and Council supported two Tathra community members to attend with one Council officer.

Following the Tathra and District Fire Event, an opportunity to attend the inaugural Diversity in Disaster Conference was provided by the organisers of the Conference for two Tathra community members. The Conference organisers covered the cost of the Conference and Council covered travel and accommodation costs as part of its recovery work. Council’s Manager Community Connections, who has a significant role in the Recovery effort, also attended the Conference with the community members.

Council officers have met with the community members following the Conference. The community members are keen to share their learnings with the community and have agreed to work with Council and the Office of Emergency Management and be part of any appropriate recovery activities.

Attached is a brief overview of the sessions attended by the Manager Community Connections for Council’s and the community's information. Further information and Conference papers can be accessed at https://www.diversityindisaster.com/

Communications and Events Team Activities

The Communication and Events team has been a key contributor to the Tathra and District Bushfire Response and Recovery process, providing a significant amount of support to the community since the disaster hit on March 18 - specifically to those directly impacted.

In the initial Response phase, the Communication team worked closely with the Emergency Operation Centre (EOC) and Council’s Works team to distribute critical information about the emergency and the immediate impact on infrastructure and services. The team provided media support to the Mayor, provided talking points and up to date information on the situation as it came to hand, as well as fielding hundreds of calls and requests for information from local and national media outlets. The team provided live steaming on Council’s Facebook page of the Evacuation Centre briefings, and worked closely with Minister Constance’s office to assist with the coordination of VIP and Ministerial visits.

The team has continued this support into the Recovery phase and has been a key member of the Recovery Committee; the Infrastructure, Waste and Environment sub-committee; and the Industry and Small Business Recovery sub-committee. The team has continued to work alongside communication counterparts from the Office of Emergency Management (OEM); the Environmental Protection Authority (EPA); and Public Works Advisory (PWA) to ensure accurate, timely and relevant information is available.

A Tathra and District Bushfire page has been developed for Council’s website, which initially focussed on Emergency and Response information, but has since transitioned to Recovery information. This page has become a ‘source of truth’ for Council and other agency information for those impacted by the disaster. The team has successfully utilised the immediacy of social media to distribute messaging; either to deliver a complete message or to point to further or more extensive information. The team’s social media engagement has included responding directly to members of the community who are seeking clarity, or specific information. This approach has delivered maximum reach of critical messaging; resulting in a significant increase of followers of Council’s Facebook page and traffic to Council’s website.

The team has continued to use Council News as a way of disseminating news and stories, with the last 3 editions including Recovery information and stories. The first edition post the disaster had half of the content dedicated to Recovery support services and information, including the Mayoral Appeal Fund. In addition, the team has live steamed all four Tathra and District Recovery Update community meetings on Council’s Facebook page to capture those who were unable to attend. The team also provided substantial event management and communication support to the Pathway Home Rebuild Information Session on 12 May.

The Communication and Events team has managed a significant workload in the development of media releases; fact sheets; media enquiries; coordinating media interviews; graphic design for flyers and posters; media and social media monitoring; and general communication advice. The team has worked hard to focus on delivering information that is accurate, timely and relevant to the needs of the community at specific times. The team has strived to maximise the use of all available communication tools and channels to reach as many members of the community as possible, and continues to be flexible and adaptable to the evolving messaging and how that relates to the many stages of the Recovery process.

Financial and resource considerations

Council’s activities in relation to the response and the recovery are funded through a number of sources.

There is no allocated Council budget for this unplanned activity and considerable Council effort is being accommodated within the existing budget.

Council’s role in the formal response activity is partially recovered from the NSW Government. The fire was a declared Section 44 Incident which provides access for the reimbursement of Council expenses directly related to the fire response. The appropriate recording of these expenses and forwarding of an invoice for this has been completed.

A range of the recovery activities managed and operated by Council on behalf of OEM will be funded by OEM these includes activities such as the Recovery Centre and associated activities. Again recording of expenses against this activity are being captured for provision to the State for reimbursement.

A range of Council works are eligible for funding from the allocation of funding through the State Disaster Fund announced by the Premier on 26 March 2018 and OEM budget allocations. This is still currently being negotiated and finalised and includes the acceptance of waste from the clean-up, removal of dangerous trees and some clean up in public reserves.

Funding of $400,000 has also been announced jointly from the State and Federal Government for the appointment of 2.5 staff positions for 12 months to support the case management of Recovery Centre clients. This outreach service will be directly based in Tathra, staffed by approximately 2 FTE caseworkers and 0.5 FTE Coordinator. The service will begin operating in mid-June 2018 and is open to any affected individual or household who is referred or self refers to the service. Services may be delivered on a short, medium or longer term basis and may include a range of practical and psychological supports.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The current year’s program in a number of areas has been impacted by the fire response and recovery activity. This will be reviewed in the coming month and clearly reported in the Annual Report. The draft Operational Plan for the 2018/19 year has been drafted to include commitment to the recovery program and additional building application assessment process, approvals and inspections.

The following table outlines a range of the activities and their impacts as identified at this time.

The process will be one of continual review and adjustment.

TATHRA AND DISTRICT FIRE RECOVERY
ACTIVITY	ADDITIONAL FUNDING	WORKLOAD IMPACTS
Facilitate the Health and Wellbeing Recovery Subcommittee and activities	Nil	Council staff workloads will need to be managed to include this additional responsibility.
Deliver a Case Management support service for Tathra and District residents affected by the fire event	$400,000	Council to appoint 2.5 additional EFT for a period to case manage recovery clients. Council responsible for appointments, oversight and direction of these staff and supporting their outcomes for 12-18 months
Communications and community meetings	Nil	Continued increased workload or reprioritising for the communications and community connections staff.
General Manager (GM) to assume role of Recovery Coordinator and chair of Recovery Committee when current Recovery Coordinator’s role winds up to assist communities with activities and initiatives that assist in the recovery processes	Nil	Expected workload increase or reprioritising for a range of staff including Directors, Executive Manager, GM. There are ongoing impacts to staffing in additional to workload hours/and opportunity costs
Create and maintain APZs to enable rebuilding of dwellings in Tathra	To be confirmed, expected to be the responsibility of each agency and will need to be factored into Council’s current APZ works.	Council and Crown Lands will be responsible in perpetuity for the maintenance of the APZs which allow the rebuilding. There will be staff and resource impacts ongoing in relation to this, whilst it is not a significant increase in the current APZ it will require additional allocation
Fast track development applications, certification and inspections for rebuilding and demolition	Nil	Council has resolved to waive fees and some support has been provided by other Councils; however there is a considerable opportunity cost and it is expected this will continue for two years
Complete the management of the waste management from the demolition program and develop the alternate facility funded by the State Government Funding package	In order of $3m still waiting final agreed amount	Considerable workload to date on Waste Services staff and this will continue through demolition works and the construction phase of new capital works
Complete renewals of recreation assets	Request for funding for asbestos contamination in reserves – is currently being assessed by Treasury - awaiting outcome	Works will need to be undertaken and
Deliver a soil conservation plan	Request for funding of $1.46m was made to the Clean Up fund; however it was identified that this work is outside the scope of that program. Some funds have been provided by local lands services and basic work undertaken.	Ongoing staff resources to oversight and undertake works
Continue the ‘Green Shoots Campaign’ to restore natural areas through revegetation	Work with local volunteer agencies	This project will come at the cost of other planned projects
Bushfire marketing and tourism promotion support	Currently the $50k immediate project works is unfunded	Also request has been made for Council to manage the funds from Destination NSW for the roll out of a Tourism Kiosk
Oversight, governance and reporting relating to the Mayoral Fund.	Nil funding	There is workload for the Director B&G and revenue and admin staff.
Oversight, governance and reporting relating to the waiving of water charges	Nil	There is workload for the Director B&G and revenue and admin staff
Tathra infrastructure renewals funded by donations and grants – includes all abilities playground, tourism kiosk & amenities	Funding to be confirmed - Planning NSW + donations various agencies	Staff to manage design, approval and delivery of the project

Environmental / Sustainability

The fire event has left significant soil, tree and erosion impacts on private property, in Council and State Government land with considerable potential impacts on catchments and the Bega River. The Recovery Program seeks to address these impacts within the financial and resource capacity of responsible agencies including Council.

Economic

There are a range of actions around business development and support which have been implemented including visits from the Small Business Commissioner and business bus, support from Destination NSW for tourism activities; support from other local businesses and the broader community continue. The Tathra Chamber of Commerce and Tourism has been very active in working with local businesses and identifying issues and opportunities.

Risk

Following a traumatic event such as the fire on 18 March there are a significant number of risks that need to be managed and mitigated where possible. Most importantly ensuring the physical and mental wellbeing of local people is paramount and significant effort has gone into appropriately planning for and supporting this activity. The risk of people falling through the net as we move forward needs to be carefully considered and responded to.

Environmental risks around asbestos management, soil, dangerous trees, demolition, waste management have all been identified and are being assessed and responded to.

Social / Cultural

There are considerable social impacts on the Tathra, Vimy Ridge and Reedy Swamp communities. A range of support services and activities have been held, are planned and will continue to be required for the foreseeable future. The extensive research and learnings from other events in Australia provide Council and other agencies with considerable insight into how to plan to ensure all possible effort is focussed to achieve the best support systems.

For two weeks in late May 2018, members of the Brighter Futures and Ageing and Disability teams acted as professional supports in the Recovery Centre whilst other staff and volunteers undertook phone outreach to identify the ongoing needs of fire affected people in Tathra and District. The Brighter Futures and Ageing and Disability staff followed up with community members who the Recovery Centre staff identified as being distressed and in need of immediate counselling support. They also provided psychological support and debriefing to Recovery Centre staff and volunteers at the end of each day.

Attachments

1 ⇩. Diversity in Disaster Conference Summary

Council 13 June 2018

Item 16.1

16.1. Affordable Housing Roundtable Outcomes

On the 15 May 2018, Council hosted an Affordable Housing Roundtable (AHR) seminar to discuss and develop actions related to this important issue. This report is for information only.

Director Community, Environment and Planning

Background

The AHR was attended by a range of people and agencies keen to explore a range of issues.

There were four main areas of conversation: A Youth Refuge; Partnerships and Strategy; Diversity in Housing; and Land and buildings. Following the table discussion each group presented its discussion and came up with actions listed below.

Bega Valley Shire Affordable Housing Roundtable - Identified Actions
Action	Details	Agency
Advocate	Advocate to other levels of government *	BVSC
Advocate	Advocate for Youth Refuge	BVSC
Affordable Housing Alliance	Stakeholders to form an Affordable Housing Alliance/Coalition and identify funding	Jo Dodds / Cathy Griff
Council Housing Strategy	Council to establish a working group/resources to develop an Affordable Housing Strategy	BVSC
Planning strategies	Council to adopt instruments that allow for different uses of land *	BVSC
	Land zoning to be clarified *	BVSC
	Address issues associated with Short term holiday rentals and empty dwellings *	BVSC
Affordable Housing Projects	Develop a community dwelling (tiny house) pilot project	Lead TBC
	Support the Eden Small Houses social enterprise initiative in Eden	Lead TBC
	Identify partnership opportunities for a youth refuge	Lead TBC
Land/buildings	Identify public and private land suitable for secondary dwellings *	BVSC
	Identify Council owned buildings suitable for a youth refuge *	BVSC
	Increase the use of caravans for crisis accommodation	Lead TBC
	Achieve agreement that a piece of Council land be identified for affordable housing *	BVSC
Linkages	System that matches housing needs with options	Lead TBC
FaCS Housing	Address issues associated with the maintenance of FACS Housing *	FaCS
Existing Forums	Council to attend BV Homelessness and Housing Solutions Forum *	BVSC
Follow up session	Session to be held to follow up on actions arising from the Roundtable (13^th August 2018) *	BVSC
Follow up session	Invite the Federal/State Govt Members to future session *	BVSC

NB: Wording has been amended from butchers paper / whiteboard for clarity.

A number of the actions (asterisked) are things that Council is already working on or has a major role to play. Some items will potentially require additional staffing resources to undertake or the deferment of already agreed actions. I.e. the development of an Affordable Housing Strategy.

As a number of Planning matters were raised, further information is included for information on some of the current Planning activities and implications. It is anticipated a further report in the second half of next year will be presented to Council providing more detail regarding Planning matters and affordable housing initiatives.

Planning information

Affordable housing is defined as the provision of housing for lower socio-economic households under the Environmental Planning and Assessment Act 1979. The continual rise in house prices and the cost of renting has broadened the conversation to include housing affordability more generally, as part of the recently adopted South East and Tablelands Regional Plan 2036 and the Short-Term Holiday Letting in NSW Options Paper.

An Affordable Rental Housing SEPP has been adopted by the Department of Planning with few examples within the Bega Valley due to the local market and limited public transport.

In terms of housing affordability, the State Government has been working towards streamlining the development assessment process by fast tracking straight forward Development Applications and broadening the opportunities for complying development. An example is the definition of a ‘Granny Flat’ changing to a ‘Secondary Dwelling’ that removed a restriction limiting occupation to family members only. Plans to regulate short term holiday letting and the ‘airbnb’ market have also been drafted and presented to Parliament.

At a local level, affordable housing has been identified as a goal within our Community Strategic Plan and an Affordable Housing Strategy has been drafted. At a broader level, Council has adopted amendments to our local planning instrument to provide greater opportunity and flexibility when considering residential development.

Dual occupancies can now be considered on rural properties and an amendment to the BVLEP 2013 has been exhibited that preserves a dwelling opportunity for over 300 intact existing holdings. The opportunity for rural land sharing has been investigated and a planning proposal drafted that outlines the rezoning of land around Wolumla with plans to investigate further opportunities to encourage the sustainable growth and development of our villages.

In summary, ‘affordable housing’ and ‘housing affordability’ are two related, but different issues of relevance to the integrated planning framework. To date, changes have been adopted and incentives are being investigated to contribute towards the supply of residential land and streamlining of the development assessment process within the context of a rising real estate market.

Attachments

1 ⇩. Affordable Housing Roundtable Agenda 15 05 2018

Council 13 June 2018

Item 19.1

19.1. Cr Bain - Update on Correspondence received from the Bega Valley Shire Residents and Ratepayers Association

Response to Question on Notice from Councillor Bain 14 March 2018

General Manager

Question on Notice

On 14 March 2018 Councillor Bain asked the following question:

Cr Robyn Bain noted a previous report to Council regarding the costs to Council of continuous requests from the Bega Valley Shire Residents and Ratepayers Association (BVSRRA) under the Government Information Public Access Act and asked could Councillors be provided with an update on the costs to Council for requests from the BVSRRA in the last 18 months.

The question was taken on notice by the General Manager, and the following information is now provided.

Background

Data regarding the number of Government Information Public Access Act 2009 (GIPA) requests submitted to Council by the BVSRRA was originally provided to the Councillors on 15 May 2015.

This further report provides details concerning the number of both informal requests for information (informal GIPAs) and formal (GIPA) requests received since the original report was provided.

Informal Requests for Information

Attached to this report is a summary of all informal requests/informal GIPAs for information received by Council since 15 May 2015, (refer to the 2nd attachment which show 23 pages of informal requests). This is mainly by way of a letter correspondence emailed to Council.

It is estimated a minimum of 3- 7 hours per week is spent by the Executive Assistants, Governance Coordinator, Public Officer, and/or the General Manager and other staff to: receive requests; collate information; and respond to correspondence/information requests for information from the BVSRRA.

Requests for information vary including:-

· those relating to information which is easily accessible and can be proactively released upon request;

· those for which the information is already publically available;

· for documents already released; or

· for information which may take considerable time to find.

There are also occasions where requests have been submitted for Council to ‘justify’, ‘explain’, or ‘provide clarification’ about the content of other previously released documents or decisions made by the Council.

The estimated cost incurred in processing each informal request for information is circa $50.00 per hour (including on costs). It is difficult to ascertain the time taken by specialist Council officers that provide technical advice and assistance with researching information and conducting records searches to facilitate the provision of responses to all enquiries.

Formal GIPA requests

Within the period from May 2015 through May 2018, Council received a total of 94 formal GIPA applications. Of the 94 applications, the BVSRRA submitted 38 of these; constituting 40% of all formal GIPA applications.

In the same period of time, having received a Notice of Decision for each of their respective formal GIPA Application/s, the BVSRRA submitted a request to the Information and Privacy Commission (IPC) to review Council's Notice of Decision on 19 occasions; a total of 50% of the total GIPA applications submitted from BVSRRA.

Each formal GIPA application incurs a regulatory fee of $30.00 (refer to Section 41(1)(c)) of the GIPA Act. Section 64(1) of the GIPA Act enables Council to impose additional processing charges for relevant applications that require more than the basic hours to respond to the request. The additional processing charge is $30.00 per hour. On two occasions, Council requested additional charges be paid by the BVSRRA for processing its application. On both occasions an additional $270.00 was charged.

The total amount of fees charged to the BVSRRA for processing the 38 formal applications received since May 2015 (including the two applications with additional processing charges) is $1,680.

Expenses incurred for processing the formal GIPA requests must also be taken into consideration, within the context of the revenue received as outlined in the previous paragraph. Considering all formal BVSRRA GIPA applications received, along with the provision of the initial Notices of Decision for each of these applications, has resulted in Council incurring an estimated amount of overhead costs circa $45,700.

The cost elements used to calculate the average expense amount is:

· Records Officer hourly rate for 30 minutes per application

· Governance Coordinator hourly rate 5 hours per application

· Rights to Information Officer(s) hourly rate for 5 hours per application

· Section Manager hourly rate 1 hour per application

· Public Officer hourly rate for 3 hours per application

Section 57(1) of the GIPA provides Council a total of 20 working days to respond to each respective formal application. The average amount of time taken to fully process each of the applications from the BVSRRA has been estimated at 16 total hours, made up of the total time spent by relevant Council Officers to prepare, assess and approve each Notice of Decision. The total of 16 hours per application does not include time allowed and/or incurred for undertaking third party consultation or appeals of decisions processing, which permit an additional 10-15 working days to undertake.

The average expense incurred for each decision review request from the IPC was calculated using the following components:

· Records Officer hourly rate for 30 minutes per review

· Governance Coordinator hourly rate for 3 hours per review

· Rights to Information Officer(s) hourly rate for 3 hours per application

· Director hourly rate for 2 hours per application

· General Manager hourly rate for 2 hours per application

The amount of fees allowed to be charged for processing the 19 reviews of each Notice of Decision is zero.

The total estimated expenses incurred for processing the 19 reviews of each Notice of Decision was circa $7,000.

The past 18 months - Formal GIPA Applications from BVSRRA

During the period from November 2016 through May 2018, the BVSRRA have submitted 13 formal GIPA applications. In the same period of time, the Association has requested the IPC review Council’s Notice of Decision on seven (7) occasions.

The total amount of fees collected from November 2016 through May 2018 is $390.00 (relating to the $30 GIPA application fee per application)

The total estimated expenses incurred by Council using the formula stated above, was $16,144 (for past 18 months).

Attachments

1 ⇩. Summary of BVSRRA GIPA requests to Council

2 ⇩. Register of requests for information from BVSRRA March 2015 through May 2018

Council	13 June 2018
*Item 9.1 - Attachment 1*	Attachment A - Additions to mapping

Council	13 June 2018
*Item 12.2 - Attachment 1*	Bruce Steer Pool - AMENITIES Draft design for exhibition

Council	13 June 2018
*Item 12.2 - Attachment 2*	BVSC Draft Bruce Steer Pool Coastal Accessibility Plan - Item 13 to be finalised

Council	13 June 2018
*Item 12.4 - Attachment 1*	NSW Deposited Plan 1241032

Council	13 June 2018
*Item 12.4 - Attachment 2*	NSW Deposited Plan 1223026

Council	13 June 2018
*Item 12.4 - Attachment 3*	Council report 2 September 2015 - Compulsory acquisition of land and road reserve for access purposes

Criteria	Weighting
Recognition of local outcomes, demonstration of support for local business and community enterprise	5

Criteria	Weighting
Experience completing similar projects	10
References	10
Work health and safety, quality and environmental management qualifications and experience	5
Demonstrated capacity to undertake a project of this scale	10

Council	13 June 2018
*Item 12.6 - Attachment 1*	Deposited Plan 840927

Council	13 June 2018
*Item 12.6 - Attachment 2*	Proposed Subdivision Plan of Lot 1214 DP 811449

Council	13 June 2018
*Item 12.6 - Attachment 3*	Council Report 7 December 1993 - Development Application No. 1993.1315

Council	13 June 2018
*Item 12.6 - Attachment 4*	Council Minutes 7 December 1993 - Development Application No. 1993.1315

Funding source		Amount
Water Fund	$	Refer to Confidential Memo

Council	13 June 2018
*Item 12.8 - Attachment 1*	Obrien Traffic Engineering Assessment of Options

Council	13 June 2018
*Item 12.8 - Attachment 2*	Lake Street Shared Path Survey Results and Community Feedback Log

Council	13 June 2018
*Item 13.1 - Attachment 1*	Diversity in Disaster Conference Summary

Council	13 June 2018
*Item 13.2 - Attachment 1*	Audit Office Audit Plan - 2017

Council	13 June 2018
*Item 13.2 - Attachment 2*	Audit Office Audit Plan - 2018

Council	13 June 2018
*Item 13.2 - Attachment 3*	Auditor General's Pricing Approach 2018

Table 1: Investments by Fund $’000
Fund	February 2018	March 2018	April 2018
General Fund	$14,671	$17,822	$15,060
Water Fund	$17,155	$16,089	$16,056
Sewer Fund	$30,275	$30,265	$30,166
TOTAL	$62,101	$64,176	$61,282

Council	13 June 2018
*Item 14.1 - Attachment 1*	TCorpIM Funds Montlhy Report -April 2018

Council	13 June 2018
*Item 14.1 - Attachment 2*	TCorpIM Statement Bega Valley Shire Council - CAFT (1303) April 2018

Council	13 June 2018
*Item 14.1 - Attachment 3*	TCorpIM Statement Bega Valley Shire Council - SCFT (1326) April 2018

Council	13 June 2018
*Item 16.1 - Attachment 1*	Affordable Housing Roundtable Agenda 15 05 2018

Key Areas for Consideration of Underground Power
Section	Proposal	Cost Estimate
Market Street: Lakeview Hotel to McDonalds	Underground	$ 130,000
Market Street: McDonalds to Top Fun	Underground	$ 470,000
Beach Street: Market Street to War Memorial	Underground	$ 220,000
Merimbula Drive	Aerial Bundled Cable	$ 140,000
Main Street: Sapphire Coast Drive to RSL Club	Aerial Bundled Cable	$ 250,000
	Sub-total	$ 1,210,000
Plus fees (7.5%)		$ 90,750
Plus Project Management (2.5%)		$ 30,250
Plus Contingency (10%)		$ 121,000
	TOTAL (excl. GST)	$ 1,452,000

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

9 Staff Reports – Planning and Environment

10 Staff Reports – Community, Culture and Leisure

11 Staff Reports –Economic Development and Business Growth

12 Staff Reports – Infrastructure Waste and Water

13 Staff Reports – Governance and Strategy

14 Staff Reports – Finance

15 Adoption of Reports from Standing Committees

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council

13 June 2018

Staff Reports –Planning And Environment

13 June 2018

9.1. Report on public exhibition of Existing Holdings Planning Proposal

Officers Recommendation

Agency Submissions

Summary of Public Submissions

Attachments

Staff Reports – Community, Culture and Leisure

13 June 2018

Council

13 June 2018

Staff Reports – Economic Develoment and Business Growth

13 June 2018

Council

13 June 2018

Staff Reports – Infrastructure Waste And Water

13 June 2018

Council

13 June 2018

Staff Reports – Governance And Strategy

13 June 2018

Staff Reports – Finance

13 June 2018

Confidential Business

Adjournment Into Closed Session

Recommendation

Council	13 June 2018
*Item 19.1 - Attachment 1*	Summary of BVSRRA GIPA requests to Council

Council	13 June 2018
*Item 19.1 - Attachment 2*	Register of requests for information from BVSRRA March 2015 through May 2018