Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 19 September 2018 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Mr Anthony Basford

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Coordinator Communications and Events

Minute Secretary

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice       

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

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

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

Item no & subject

 

Pecuniary Interest

 

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

Significant Non-pecuniary conflict of interest

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

Non-pecuniary conflict of interest

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

Nature of interest

Be specific and include information such as :

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

·        The nature of your relationship with the person or organization

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

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

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

Print Name

 

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

Signed

 

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


Council

19 September 2018

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 17 September 2018 as circulated, be taken as read and confirmed.

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Adjournment to Standing Committees

There are no reports to Standing Committees.

9       Staff Reports – Planning and Environment

 

9.1               Companion Animals Control Areas Procedure.................................................... 9

10     Staff Reports – Community, Culture and Leisure

 

Nil Reports

11   Staff Reports –Economic Development and Business Growth

 

Nil Reports

12     Staff Reports – Infrastructure Waste and Water

 

12.1             RFT - Wallaga Lake Koori Village......................................................................... 50

12.2             Sportsground Site Committee Nominations..................................................... 52

12.3             Sportsground user fees outstanding 2016/17.................................................. 67

12.4             Sportsground Fees & Charges 2018 - 2019....................................................... 79

12.5             Bermagui/Wallaga Lake Men's Shed proposal.................................................. 83

12.6             NRL Trial Match Bega 2019................................................................................. 93

12.7             Pambula Sporting Complex - Squash Court & Multi Use Space...................... 96

13   Staff Reports – Governance and Strategy

 

13.1             Bermagui Projects to progress in period prior to a new town centre plan being adopted.................................................................................................. 106

13.2             Committee and Panel Delegates and Representatives 2018/2020.............. 110

13.3             Disposal of Easement - Merimbola Street, Pambula...................................... 113

13.4             RFT 04/17-A Trade Services Panel (Expansion)............................................... 116

14     Staff Reports – Finance

 

14.1             Identified projects for funding following Council resolution at adoption of annual budget ................................................................................................. 120

15     Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

 

16     Councillor Reports

 

17     Rescission/alteration Motions

 

18     Notices of Motion

18.1             Hotel Australasia................................................................................................ 124

18.2             Indigenous employment criteria infrastructure tenders............................... 125

18.3             DA Process........................................................................................................... 126

18.4             Proposed Levy on Milk to support local dairy businesses............................ 127

 

19     Questions On Notice

19.1             Cr Bain Question on Notice - Did Council pay for the sewerage for Ray Miller's Top Lake development?................................................................... 129

19.2             Cr Fitzpatrick Question on Notice - Wolumla School..................................... 130

19.3             Cr Dodds Question on Notice - Recycling ....................................................... 131

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public.............. 131

             

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

19 September 2018

 

 

Staff Reports –Planning And Environment

 

19 September 2018

  

9.1              Companion Animals Control Areas Procedure.......................................... 9


Council 19 September 2018

Item 9.1

 

9.1.   Companion Animals Control Areas Procedure      

 

This report recommends the adoption of changes to the Companion Animals Control Areas Procedure following a review and public consultation.

 

Director Community, Environment and Planning   

 

 

Officers Recommendation

1.    That the report be noted

2.    That the recommendations for animal control areas as part of the review of Procedure 4.04.6 (Companion Animals Control Areas) be adopted and implemented.

3.    That the revised Procedure be widely publicised and education material produced for dog owners.

 

Do not delete this line

Executive Summary

A review of the Companion Animal Management Policy 4.04 is mandated under the Companion Animals Act 1998 (the Act). Changes to the procedures under the Policy are made following public and stakeholder consultation and in consideration of the Authorised Officers’ (Council Rangers) recommendations.   

This report outlines the methodology and outcomes relating to consultation around the Companion Animals Control Areas Procedure 3.06.6, which sits underneath the Companion Animal Management Policy. Proposed changes to dog leash-free and dog-prohibited areas under this Procedure will improve the management of public land and reserves under Council’s control. These changes will also protect local habitat and enable owners of companion animals to more fully enjoy local amenity.

Background

As part of its function to review Policy documentation, Council commenced a formal evaluation of the Companion Animal Management Policy 4.04 and associated Companion Animals Control Areas Procedure 3.06.6. The process of review included consultation with the community, stakeholder groups and Authorised Officers. Through this process a number of changes are recommended to the Companion Animals Control Areas Procedure.

Submissions received have been considered by Council in a series of workshops both with the former and the newly elected Councillors following the September 2016 election.

Increasing demand by some sections of the community has led Authorised Officers to propose making more off-leash areas available that would have minimal impact on wildlife habitat and protection zones under the Act, including some child play areas, bathing areas, parks/reserves, and other venues where there are food preparation facilities such as barbecue and picnic areas.

Existing dog off-leash and dog-prohibited areas were reviewed. The Procedure seeks to derive a balance between what is achievable in terms of having adequate resources to monitor, and facilitating community expectations. The Procedure recognises areas where it is essential to prohibit dogs to protect general amenity and the free movement of people and fauna.

The recommendations include some additional dog-prohibited areas as requested by the National Parks and Wildlife Service (NPWS), who have responsibility to regulate lands within their mandate. Not all areas recommended by the NPWS were revised in the Procedure as the NPWS has a separate legislative responsibility to exclude companion animals from sensitive areas and can utilise their own resources for this purpose. Council will continue to work collaboratively with the NPWS where practicable.

Options

Given the time delay since this Procedure was advertised for public comment in early 2016, Councillors may wish to readvertise the document for a further 28 days to update the community and receive final appraisal before adoption. Council Officers are of the opinion the major changes proposed satisfy a balanced view of animal management, environmental concerns and community expectations including Council resource allocation to this area of Council's operations.

Councillors should be mindful of the identified NPWS Threatened Shorebird Recovery Program should they wish to amend the revised Procedure. Council has a duty to ensure any proposed changes do not introduce conflict with NPWS policy created under the Threatened Species Conservation Act 1995 and superseded by the Biodiversity Conservation Act 2016. There are potentially harsh penalties for members of the public and litigation against Council from dogs running off leash in the documented recovery areas (see attachment).

Community Engagement

Consultation undertaken

The review of this Procedure has been based on extensive community consultation including opportunity for comment and submission from the initial request for public comment, through to the formal consideration of submissions following advertising of the initial draft.

Results of the consultation process are as follows:

·    Nineteen (19) new locations were identified (refer spreadsheet).

·    Twelve (12) existing locations are supported.

·    Changes to four (4) existing dog-prohibited seasonal areas (lines 32, 33, 38 and 41) were supported.

·    The general condition has been modified to exclude timed restrictions (1 September – 30 April) to prevent confusion and improve enforcement.

·    NPWS seek to improve clarity for dog owners using public areas near Parks and Reserves.

·    Four (4) new leash-free locations are proposed (lines 4, 5, 17 and 19).

The use of beach areas at Cuttagee and Barragoot (line 10) prompted considerable community and NPWS comment. There were competing views as to whether to expand the use for dog leash-free areas, or whether to restrict or prohibit dogs from these areas. Council Officers have opted to maintain a balance by maintaining current requirements to require companion animals in these areas to be on a leash.

Financial and resource considerations

The review of the Procedure to date has incurred advertising costs and Ranger resources. Should the proposed changes to the Procedure be adopted in full or part, the costs of signposting and reprinting of companion animal signage have been included in the 2018/19 budget. This estimated cost may be reduced by adding companion animal signage to Council's existing assets; however additional budget may be required to facilitate new or modified animal control areas. 

Funding source

 

Amount

General Fund

$

3,000

Legal /Policy

The Companion Animals Act 1998 (the Act) requires Council to have at least one leash-free area and the existing Policy and Procedure satisfies that requirement.

Anything not falling under the Companion Animal Control Areas Procedure is facilitated under the Act. Under this legislation dogs must be prohibited from:

·    Children’s play areas (within 10 metres)

·    Food preparation/consumption areas (within 10 metres of any apparatus provided in a public place)

·    Recreation areas

·    Public places (Public bathing areas)

·    School grounds

·    Child care centres

·    Wildlife Protection areas (as specified by National Parks and Wildlife- Office of Environment and Heritage 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Revised 2017-2021 Delivery Program / 2018-2019 Operational Plan:

 Outcome 4: Liveable Places. Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to Live.

Environmental / Sustainability

Whilst the proposed Procedure includes areas of additional leash-free locations and altering restrictions in some locations, it is considered there will be no significant implications for asset protection other than for increased surveillance, waste bins and signage that have been factored into auditing of the proposed and existing leash free and prohibited areas.

Risk

The Act provides the minimum requirements in relation to companion animal controls. This Procedure provides local clarity for residents in relation to where they can and can’t take their dogs. Without clarity on the leash free areas and dog prohibited areas there is a risk that residents may inadvertently take dogs into areas they shouldn’t. This potentially increases the risk of harm to people and/or wildlife.

Social / Cultural

The proposed Companion Animals Control Areas Procedure seeks to improve the social and cultural fabric between owners and their dogs using Council amenity. This is reflected with the introduction of more leash free areas while improving management and enforcement of dog prohibited areas by removing seasonal and timed restrictions at these locations. This procedure also seeks to uniformly balance the increasing need to enjoy public amenity, protect habitat and provide safe areas for dog owners.       

 

Attachments

1.         4.04.6 Companion Animals Control Areas Procedure - Final Draft

2.         4.04 Companion Animal Management Policy - BVSC

3.         Companion Animals Control Areas Assessment Summary

4.         National Parks and Wildlife Service submission to review

5.         NPWS significant shorebird sites on Bega Valley Shire Council maps

 


Council

19 September 2018

Item 9.1 - Attachment 1

4.04.6 Companion Animals Control Areas Procedure - Final Draft

 


 


 


 


 


Council

19 September 2018

Item 9.1 - Attachment 2

4.04 Companion Animal Management Policy - BVSC

 


 


Council

19 September 2018

Item 9.1 - Attachment 3

Companion Animals Control Areas Assessment Summary

 


 


 


Council

19 September 2018

Item 9.1 - Attachment 4

National Parks and Wildlife Service submission to review

 


 


 


 


 


 


 


Council

19 September 2018

Item 9.1 - Attachment 5

NPWS significant shorebird sites on Bega Valley Shire Council maps

 


Council

19 September 2018

Item 9.1 - Attachment 5

NPWS significant shorebird sites on Bega Valley Shire Council maps

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


Council

19 September 2018

 

 

Staff Reports – Infrastructure Waste And Water

 

19 September 2018

  

12.1            RFT - Wallaga Lake Koori Village............................................................... 50

12.2            Sportsground Site Committee Nominations............................................ 52

12.3            Sportsground user fees outstanding 2016/17.......................................... 67

12.4            Sportsground Fees & Charges 2018 - 2019............................................... 79

12.5            Bermagui/Wallaga Lake Men's Shed proposal......................................... 83

12.6            NRL Trial Match Bega 2019........................................................................ 93

12.7            Pambula Sporting Complex - Squash Court & Multi Use Space.............. 96


Council 19 September 2018

Item 12.1

 

12.1. RFT - Wallaga Lake Koori Village     

 

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council accept the role of Principal Contractor to Department of Industry – Water, for a five year contact term commencing 1 October 2018,

2.    That the General Manager be delegated authority to execute all documents associated with the contract.

 

Executive Summary

The Department of Industry - Water (DoI-W), under the Aboriginal Communities Water and Sewerage Program, seek Council’s renewed assistance for the provision of Water and Sewerage Services to the Wallaga Lake Koori Community (WLKV), for a five year period commencing 1 October 2018.

Historically, Water and Sewerage Services (W&SS) have informally provided water and sewerage services to the WLKV, in conjunction with a local a subcontractor.

Roles and responsibilities are more clearly defined yet remain generally unchanged from those of the current informal arrangement in place under the present (interim) Operations and Management services agreement which ceases 30/09/18.

All costs associated with the incoming contract and subcontract, are payable by DoI-W.  Cost recovery for Bega Valley Shire Council (BVSC) includes wage and material costs for the delivery of both planned and reactive services by both BVSC W&SS staff and the DPI-W-appointed subcontractor. W&SS staff costs to administer and supervise the subcontract are also recovered by way of an administrative fee (%).

Background

The WLKV is located at Akolele within the Eurobodalla Shire Council Local Government Area. The village comprises approximately 32 homes and associated community buildings. DoI-W is responsible for the management of water and sewerage services to the community, under the Aboriginal Communities Water and Sewerage Program.

DoI-W seek to formalise the roles of the Department, Council and an approved subcontractor, to effectively manage the delivery of water and sewerage services to the community over a five year period, commencing October 1, 2018.

Historically, Council has routinely visited the community three times each week, monitoring and managing water quality. Concurrently, Council employs a plumbing contractor to operate and maintain the village’s sewer collection and distribution system. All costs are borne in the interim by Council and then reimbursed routinely under invoice to DoI-W.

It is the Department’s vision these existing relationships be formalised under contract, such that DPI-W continue to deliver effective services to the Wallaga Lake community.

On 21 August 2018, DoI-W completed a process of procurement for a suitable W&S O&M services subcontractor. DoI now await Council to agree to act as Principal Contractor to DoI-W, for the management of the assigned subcontractor in conjunction with BVSC’s ongoing delivery of necessary W&S services to the WLKV.

Options

1.    Accept role of principal contractor to the Department.

2.    Reject the role of principal contractor to the Department.

Community Engagement

The Department undertook a prolonged consultation with the WLKV, to ensure only those parties deemed acceptable by the WLKV, would deliver water and sewerage services to their community.

Financial and resource considerationsAll costs associated with the delivery of the services to the community are to be met by DoI-W.

Costs incurred by Council in administering the contract are recovered under 10% administrative fee.

Cost estimates and funding sources are tabled as follows -

Funding source

 

Amount

(Incl GST)

NSW Department of Industry - Water (Sub contract amount for 5 year contract term). 

$

352,102.06

NSW Department of Industry - Water (Estimate of W&SS staff and material costs for 5 year contract term), including administrative fee for management of subcontractor. 

$

200,000.00

Legal /Policy

The services will be delivered under long term contact procured by the Crown.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Provision of effective water and sewerage services supports Council’s Memorandum of Understanding (MOU) with Merrimans Local Aboriginal Land Council. 

Environmental / Sustainability

The contract will support positive environmental outcomes associated with water supply and sewerage management at the WLKV.

Economic

Nil economic issues

Risk

The contract arrangements will reduce environmental risks.

Social / Cultural

The contract arrangements and service delivery outlined in this report will enhance BVSC’s relationship with the WLKV community, and those with the DoI-W and NSW Health.

 

Attachments

Nil

 


Council 19 September 2018

Item 12.2

 

12.2. Sportsground Site Committee Nominations     

 

Nominations to individual Sportsground Site Committees for the Bega Sportsground and Eden Barclay Street Sportsground are presented for Council consideration

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That the nominees listed in the Confidential Attachment for membership of Bega Sporting Complex Site Committee and Eden Barclay Street Sports Complex Site Committee be appointed.

<Insert names>

2.    That the attached Sportsground Site Committee Guidelines are endorsed by Council.

 

Executive Summary

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator or spectator.

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking and a development of friendships and can improve social skills.

There are currently 15 sportsground sites managed by Council across the Shire, with volunteer committees in place at many sites and working in partnership with Council

The participation of volunteers in the care and management of Council’s Sportsgrounds is an important way in which these facilities are activated, maintained and remain responsive to user needs. Volunteer input and assistance into the operations and management of sportsgrounds across the Shire is through a two-tier Committee structure.

Site Sportsground Committees are made up of user group representatives and community members interested in the operations and management at individual sites.

Background

Nominations were called in late 2016 for people interested in membership of the various Community Sportsground Committees. Each committee requires a minimum of five (5) and maximum of twelve (12) community members to function.

Over the past 12 months Council officers have been working with users of Bega Sporting Fields and Eden Barclay Street Fields. Over that time interest in being involved in those committees has increased, in Bega particularly, where the committee has been increased to include users of the Valley Fields Ovals. Additional nominations have been received and are included in this report for consideration by Council.

Details of the nominees received are provided to Councillors in the Confidential Attachment

Legal /Policy

Council’s framework for working with the community in the management of sportsgrounds is based on two levels of committees – the S355 General Sportsgrounds Committee and Sportsground Site Committees for individual sportsground sites.

Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally.  The delegated functions of the S355 General Sportsground Committee are set out in the S355 General Sportsground Committee Guidelines which prescribe the manner the S355 and general Site Committees operate.

A set of guidelines relating more directly to the operations of Sportsgrounds Site Committees has been developed (these have been largely based on adopted Bega Valley Shire Council (BVSC) Hall Committee Guidelines). The draft Sportsground Site Committee Guidelines is attached.

The intent is that site committee membership is balanced and reflects users of the site and levels of use. Members of the Sportsground Site Committees are appointed by Resolution of Council. This report relates to nominations for individual Sportsground Site Committees. 

Policy

Council advertises for nominations for Sportsgrounds Site Committees members at the beginning of the committee term, which align with the Council term.  Mid - term nominations are not unusual. Typically, additional nominations can come about through changes in involvement in local sports clubs or, as is the case reason for this report, increased interest in being involved in the site committees. Those nominations are welcome and processing is straight forward. The report to Council gives a mechanism for nominees to be formally appointed to site committees.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Social / Cultural

Council’s sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities.  The involvement of volunteers helps ensure these facilities are well utilised and better able to meet community needs. Involvement in sportsground committees also provides benefits to many individual volunteers by increasing their community connections and building their capacity through participation. Council recognises the number and quality of sportsground facilities could not be provided without the efforts of Committees and the wide range of volunteers who assist the Committees in their work in managing and maintaining these facilities.

Attachments

1.         Draft Sportsground Site Committe Guidelines 2018

2.         Sportsgrounds nominations for Bega Sporting Complex and Eden Barclay Street Sports Complex Site Committee  (Councillor Only)

 


Council

19 September 2018

Item 12.2 - Attachment 1

Draft Sportsground Site Committe Guidelines 2018

 


 


 


 


 


 


 


 


 


 


 


 


Council 19 September 2018

Item 12.3

 

12.3. Sportsground user fees outstanding 2016/17     

 

Summary of outstanding sportsground user contributions from the 2016-17 financial year.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That the information provided in the report and attachments is received and noted.

2.    That Council apply the fees and charges as outlined and continue with measures for collection of the fee payments for the Bega Roosters Senior Rugby League Club and Tathra Australian Rules Football Club.

3.  That Council write-off the outstanding debt relating to the Pilates Bermagui user group noting they are no longer in existence

 

Executive Summary

Prior to the 2016/17 Financial Year there was not a consistent approach to sportsground users paying contributions toward operating costs through fees to use sportsgrounds in the Shire. At that time the method of determining fees and charges throughout the Shire was complex, and inconsistent from one facility to the next and didn’t necessary reflect the use of the sites.

Following consultation with the S355 Sportsground Committee, Council adopted a fees and charges model based on user fees generating approximately 25% of the operating cost from user groups at each sportsground site, with the remaining 75% being funded by Council.

While it has taken some time, a large majority of users have made their contributions through the payment of invoices issued. However, there are three sportsground user groups that are yet to pay invoices issued for the 2016/17 Financial Year. The purpose of the report is to inform Council along with feedback and correspondence from those user groups. The total fees outstanding for the 2016/17 period are $4889.00.

Background

Sportsground fees contribute to the operational and maintenance costs of sportsgrounds and associated facilities. In 2016/17 a total of $76731.00 in sportsground invoices were issued and to date $71842.00 has been received.

The Pilates Bermagui user group has an outstanding 2016/17 invoice of $680. This group has ceased trading. They are unable to be contacted and as far as is known, have left the area.

The Tathra Sea Eagles Club user group has an outstanding 2016/17 invoice of $3150. The Tathra Sea Eagles wrote to Council requesting a waiver of Sportsground fees and charges from 2016/17 to 2020/21 years noting the Club was driving a program of capital upgrades to facilities at Lawrence Park. That letter is attached to this report. While it is good to see site users interested and involved in capital asset renewals and improvements, the purpose of user fees is to make a contribution to operating costs at the sites.

Operating costs such as power bills and grounds maintenance costs will continue to occur despite the capital upgrades being implemented. If there are not user contributions, the majority of Council funding will be spent covering operational costs and the level of grounds maintenance able to be provided by Council will reduce. A response reflecting this position and declining the request was forwarded to the Club on 9 February 2018.

The Bega Roosters Senior Rugby League Club has an outstanding 2016/17 invoice of $1059.  They have paid $2061 of an original invoice of $3120. At the time there was not a functioning site committee Bega Sporting Complex.

The original invoice amount reflected the operational costs and the level of use by this Club of the Bega Recreational Ground oval and associated facilities including floodlights for evening training.   The Club requested the fee be dropped to $2,500 due to the Club’s financial difficulties, lack of canteen facilities for fundraising revenue and to be charged in line with the Pambula Rugby League Club. That correspondence is attached to this report.

 A response reflecting Council’s position regarding the waiver of fees was issued on 7 March 2018.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017-2021 Goals are:

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

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

Asset Management

Council has an adopted Recreation Asset Management Plan (RAMP). This Plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.

The RAMP also acknowledges operations and maintenance is a key element in asset management and delivering fit for purpose facilities. There is a direct relationship between revenue, available funds, maintenance programs and delivering fit for purpose facilities.

2018/19 Operational Plan 

The 2018/19 Operational Plan states. ‘In preparing the budget an asset management model approach was applied to examine and to appropriately account for the renewal and maintenance costs of Council’s Infrastructure, Property, Plant and Equipment.’

Risk

Risks include:

·    Reduced revenue leading to reduce maintenance services; 

·    A precedent being set for user groups to not pay fees;

·    The perception of inconsistency in applying sportsgrounds fees and charges;

·    Not being able to progress with planned maintenance activities.

Options

The situation of outstanding sportsground user fees can be difficult to address. No one wants to see sports clubs and users struggle financially to use facilities. However, sportsgrounds are costly to operate. Typically, grounds receive a higher maintenance service level than general parkland areas and some costs relate directly to the levels of use by some clubs of assets that are not openly available to the broader community, floodlights being an example.

The issue is partly related to the model of determining fees that was in place at the time. In effect this resulted in higher costs to clubs that used sites with fewer users. While this created inconsistency between fees charged at different sites it was a direct reflection of the cost of operating individual sites.

In looking at options it is important to remember a large majority of clubs and user groups have paid the 2016/17 issued invoices. With that in mind the question becomes whether these cases warrant a fair exception to the general application of sportsground fees and charges.

Options to Council include:

1.    Apply fees and charges and continue with measures for fee payment.

2.    Taking into consideration the circumstances outlined, agree to a reasonable reduction of 50% in outstanding fees to be paid for 2016/17, noting that is likely to result in reduced maintenance budget availability at those sites.

3.    Waive the outstanding fees.

Financial and resource considerations

Operations and maintenance are key elements in asset management and delivering fit for purpose facilities. There is a direct relationship between revenue, available funds, maintenance programs and delivering fit for purpose facilities. If there are reductions in revenue they will result in reduced services delivered by Council.

For information the 2017/18 Financial Year’s fees and charges invoices were issued in May/ June 2018. These fees were also based on the 25% operating cost per site model. To date approximately half have been paid, noting some user groups like to confirm payment at scheduled committee meetings. A further report will be presented to Council on outstanding fees for 2017/18 if required.

Moving forward a revised fee structure based on member numbers for each local sports club has been endorsed by the S355 Sportsgrounds Committee. That is the subject of a separate report in the Council meeting agenda. 

Attachments

1.         Tathra AFL Club - Request to waiver Lawrence Park sportsground user fees

2.         Response to David Howard Tathra Australian Rules Football Club Inc waiver of users fees review

3.         Arkin Garry Bega Roosters & Group 16 rugby league use of Bega Rec ground User fees & other issues with response

 


Council

19 September 2018

Item 12.3 - Attachment 1

Tathra AFL Club - Request to waiver Lawrence Park sportsground user fees

 


 


 


Council

19 September 2018

Item 12.3 - Attachment 2

Response to David Howard Tathra Australian Rules Football Club Inc waiver of users fees review

 


Council

19 September 2018

Item 12.3 - Attachment 3

Arkin Garry Bega Roosters & Group 16 rugby league use of Bega Rec ground User fees & other issues with response

 


 


 


 


 


Council 19 September 2018

Item 12.4

 

12.4. Sportsground Fees & Charges 2018 - 2019     

 

Outcome of 2018/19 Sportsground Local Sports Club user group fees and charges recently considered by the S355 General Sportsgrounds Committee.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.        That Council endorse for Public Exhibition the S355 General Sportsground Committee recommendation to adopt 2018/19 Local Sports Club User Group fees/charges to be trialled as an individual rate for each registered player - $20/season for an adult and $10/season for a junior (under 18 years of age) with the Clubs to be invoiced.

2.        That the proposed fees be publicly exhibited in accordance with Statutory requirements

3.        That following the Statutory Exhibition Period Council adopt the proposed fees/charges unless any material changes are considered necessary by the General Manager

 

 

Executive Summary

The 2018/19 fees and charges for sportsgrounds were considered by Council in conjunction with the report to the 27 June 2018 Council meeting, Adoption of Fees and Charges 2018/19. In regard to sportsground fees and charges Council Resolved:

‘That Council adopt the fees and charges as exhibited for Local Community Organisations, Commercial and Business Use and Special Event/Multi Day events but defer adoption of a model for Local Sports Clubs pending further consultation with the intention of raising the same level of revenue.’

At the 20 August 2018 S355 General Sportsground Committee meeting, the 2018/19 fees and charges were discussed as per the Council Resolution. A discussion paper reviewed by the Committee previously was redistributed prior to the meeting to provide some background on possible options to be considered.

At the meeting three (3) possible options were discussed and considered:

·    Hourly fee structure for local sports clubs (similar to casual users)

·    Member based fee structure for local sports clubs

·    Fee payment based on a particular operational related item e.g. electricity costs

The S355 General Sportsground Committee Resolved the following motion to be considered by Council:

 ‘2018/19 Local Sports Club user group fees to be trialled as an individual rate for each registered player - $20/season for an adult and $10/season for a junior (under 18 years of age) with the clubs to be invoiced.’

The Resolution of the S355 General Sportsground Committee is reported to Council for consideration.

 

Attachments

1.         Tathra AFL Club - Request to amend Lawrence Park user fees

 


Council

19 September 2018

Item 12.4 - Attachment 1

Tathra AFL Club - Request to amend Lawrence Park user fees

 


 


Council 19 September 2018

Item 12.5

 

12.5. Bermagui/Wallaga Lake Men's Shed proposal     

 

 Council’s in principle support is being sought to allow staff to investigate alternative sites for establishment of a Bermagui Men’s Shed facility.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That the Bermagui/Wallaga Lake Men’s Shed group be provided with “in principle” support for establishment of a men’s shed facility at the current Bermagui Recycling and Waste Facility located on Lot 312 DP 728092.

2.    That the “in principle” support be provided on the basis that all costs and risks associated with the development of the proposed men’s shed facility remain the responsibility of the Bermagui/Wallaga Lake Men’s Shed group.

3.    That if the Bermagui/Wallaga Lake Men’s Shed group does not agree with this approach, and remains interested in the original proposal, Council progress the remediation works on the former landfill site subject to legal advice on Native Title implications.

4.    That Council staff negotiate a formal agreement for occupation of either site (Lot 312 DP 728092 OR Lot 287 DP 1151685) including consideration of responsibility by the Bermagui/Wallaga Lake men’s shed group for the whole of life costs for the building.

 

Executive Summary

Council staff have been working with the Bermagui/Wallaga Lake men’s shed group to provide a suitable site for erection of a men’s shed facility.  The site originally proposed at Lot 287 DP 1151685 is now not a favoured option of the Bermagui/Wallaga Lake men’s shed group due to the uncertainty of the Native Title claim lodged over the land as well as the physical constraints of site in terms of available space and known service extension (power) requirements.

Council approval is being sought for investigation into an alternative site for the proposed establishment of the men’s shed facility.

Background

The Bermagui/Wallaga Lake men’s shed group are currently operating from a leased premise at the Umbarra Cultural Centre at Wallaga Lake and have been advised their lease arrangements are to cease at the end of 2018.  The group approached Council in 2014 with a proposal to construct a men’s shed facility on the Council Managed Crown Land at Lot 287 DP 1151605 - Tathra Bermagui Road, Bermagui.  The site is held under the care and control of Bega Valley Shire Council as direct Land Manager and was used for landfill operations between 1962 and 1989.  The reservation is “Public Recreation” for this reason and has been used for stockpiling and storage of material since the landfill operation ceased in 1989.

Since the original enquiry Council’s waste services section have been working on redeveloping the site for the benefit of the men’s shed group however, solid waste landfill sites such as this one are problematic to redevelop particularly for structures, as ground conditions are unpredictable and there is high likelihood of the presence of contaminated materials, particularly asbestos, with potential health concerns if disturbed.  A report was presented to Council on 14 October 2015 outlining the proposal and is attached for the information of Councillors.

After investigations had taken place a further report was presented to Council on 23 November 2016 outlining the likely costs to remediate the site for use by the men’s shed group.  Following the meeting staff progressed a development application to remediate the site with development consent being obtained on 4 September 2017.  Furthermore, a remediation action plan was prepared to present a remediation strategy to make the site suitable for the proposed men’s shed facility.  The report outlines all investigations and assessments undertaken by Council to date.  The detailed investigation and planning for these works has cost Council’s waste services section approximately $30,000 with the works undertaken based on previous resolutions of Council.  The remediation works were planned for earlier this year; however were deferred pending clarification of land claim issues.

The blanket Aboriginal Land Claim was lodged in 2016 over all Crown land in our local government area included the proposed site.  Staff have been liaising with the NSW Aboriginal Land Council and have now received formal advice on 22 August 2018 that the NSW Registrar has lifted the claim over Lot 287 DP 1151605.

Lot 287 DP 1151685 is also subject to the South Coast People’s Native Title claim lodged in January 2018 and legal advice is currently being sought as to the extent of liability if Council were to progress with the remediation of the site for the proposed erection of a men’s shed facility.  It is unclear at this point whether Native Title has been extinguished over Lot 287 DP 1151685 due to its prior use as a landfill site, and this has created uncertainty regarding Council’s ability to move forward with the project.  This uncertainty prompted the Bermagui Men’s Shed to request Council to investigate alternative sites with one of the options being the current Bermagui waste facility site located at Lot 312 DP 728092.

The current Bermagui waste facility site has several biodiversity constraints and is well vegetated with a Bangalay Sand Forest which is a threatened ecological community so requires extensive environmental assessments to accompany any development application.  Council also purchased this land off Department of Industry – Lands many years ago with the loan due to be finalised in December 2019.  As a result there is a notation in the second schedule of the certificate of title which limits subdivision of the land until the debt is repaid.  This notation would need to be addressed if this proposal was to be progressed.  Land that is owned by Council and classified as operational land is not subject to Native Title legislation.  Although staff had some initial concerns over the applicability of the above given Council had purchased the site form the crown, it has been confirmed by the National Native Title Tribunal that Native Title has been extinguished on the site.

Options

The options available to Council’s are:

·    Proceed with the original proposal to remediate Lot 287 DP 1151685 subject to legal advice on Native Title implication on Council as direct Land Manager; OR

·    Investigate development of the new waste site being Lot 312 DP 728092 with a view to either proceed with a subdivision for lease purposes, or, if the outcome of those investigations proves the site is unable to be environmentally and cost effectively developed, proceed with its earlier resolution to remediate Lot 287 DP 1151685.

·    No longer support establishment of a new Bermagui Men’s shed on land owned by Council or under Council’s care and Council

Community Engagement

Consultation undertaken

The Men’s Shed group have expressed a preference for development of the new waste site primarily because of the potential advantages in terms of power supply.  The original site (Lot 287 DP 1151685) is no longer favoured to the group due to the Native Title claim uncertainty as well as the physical constraints of site in terms of available space.

The new site has potentially lower development cost in comparison to Lot 287 DP 1151685; however the vegetation on the new waste site is potentially a significant problem.

Financial and resource considerations

The options are estimated in the following table.  The costs exclude any planning costs associated with building on either of the sites, such as subdivision costs, development application fees, construction certificate application fees, development contributions or headworks charges.  Irrespective of which site (if any) is provided for the proposed men’s shed facility, it is recommended these development costs remain the responsibility of the Bermagui/Wallaga Lake men’s shed group.

Option 1 – Proceed with remediation of Lot 287 DP 1151685 using the waste services fund.

 

Amount

Investigations and planning including DA (complete)

$

30,000

Legal advice on Native Title Claim

$

2,000

Remediation Works

$

75,000 (indicative)

Option 2 – Develop the new waste site Lot 312 DP 728092 on current waste facility land using general fund.

 

 

Investigations and planning including DA

$

30,000

Site clearing, grubbing and levelling

$

10 – 20,000

 

 

 

 

 

 

 

 

 

Legal /Policy

Legal advice is being obtained regarding the Native Title Claim lodged over Lot 287 DP 1151685 and the liability to Council if the proposal was to be progressed.  Whilst the new waste site is Council owned operational land, it remains encumbered by a $30,000 debt to Department of Industry – Lands.

Preliminary advice regarding the endangered Bangalay Sand Forest on the current waste site indicates the biodiversity values on the site are significant, and this would most likely limit the area available for development to areas that are already disturbed.  It is likely these limitations will be problematic for the development of a men’s shed facility on the site.

Under the Local Government Act 1993 (NSW), Council can use funds within the Waste Management Reserve to undertake landfill remediation works on old waste sites such as Lot 287 DP 1151685 but cannot use waste funds to undertake general land development works that are not a “reasonable cost” of providing domestic waste management services.  The proposed development of a men’s shed facility on the new site does not require remediation of landfill, nor is it undertaken for the purpose of providing domestic waste management services.  It cannot therefore be funded from domestic waste management revenue.

If Council choose to proceed with the second option, a source of funding would need to be identified.  Given constraints in the General Fund it is recommended that Council only provide in principle support to the second option on the condition that the costs and risks associated with that option be the responsibility of Bermagui/Wallaga Lake Men’s Shed group.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

The new waste site has significant biodiversity values, and is considered a high risk that investment in studies and planning, will not result in a practicable solution that enables the development of a men’s shed facility to the group’s satisfaction.  Council is therefore advised against financing studies and planning on this site, particularly given the significant investment to date in the original site.

There is a risk that Native Title has not been extinguished over Lot 287 DP 1151685.  Legal advice is being sought, and in the event that there is a liability to Council regarding Native Title, the proposed development of the site will not proceed unless an Indigenous Land Use Agreement (ILUA) can be negotiated to reduce that risk and liability to Council.

 

Attachments

1.         2015.10.14 Council Report No 11.4 Request by Bermagui Mens Shed for long term lease of old Bermagui Landfill Site

2.         2016.11.23 Council Report No 12.4 Bermagui Mens Shed proposal to lease part of Old Bermagui Landfill Site

 


Council

19 September 2018

Item 12.5 - Attachment 1

2015.10.14 Council Report No 11.4 Request by Bermagui Mens Shed for long term lease of old Bermagui Landfill Site

 


 


 


 


Council

19 September 2018

Item 12.5 - Attachment 2

2016.11.23 Council Report No 12.4 Bermagui Mens Shed proposal to lease part of Old Bermagui Landfill Site

 


 


Council 19 September 2018

Item 12.6

 

12.6. NRL Trial Match Bega 2019     

 

A request for support for a National Rugby League (NRL) Trial Match has been received.

 

Director Assets and Operations  

 

 

Officers Recommendation

That Council supports the proposed NRL game by providing appropriate financial and human resources to assist with staging this game in 2019 at the Bega Sporting Complex.

 

Executive Summary

Mr Terry Quinn, CEO of the Country Rugby League of NSW Ltd., wrote to the Mayor seeking support to stage an NRL game at the Bega Sporting Complex on Saturday 23 February 2019.

This provides a great opportunity to promote the game of NRL to the community and, importantly, also demonstrate that matches of this nature will become more commonplace especially if the Bega Sporting Complex receives the funding to redevelop the site and be identified as a key regional sporting facility.

 

Background

The last NRL match to be staged in Bega was between Canberra Raiders and Melbourne Storm in March 2011.  This was a great success and Council assisted with costs related to staging this event, such as the transport of movable grandstands and waste management.


 

 

Financial and resource considerations

Council has been requested to assist with staging of this event by providing the following:

·    Provision of portable toilets

·    Preparation of playing surface

·    Transport and return of movable grandstands

·    Assist with setting up and cleaning of area

·    Providing use of the stadium for players and coaching staff.

It is estimated the Council contribution to the staging of this event is in the order of $7,000 and will be sourced from the Leisure and Recreation Maintenance and Operations Budget.

Economic

The staging of this event will assist with a short term economic boost to the Bega Valley. 

The Canberra Raiders plan to arrive on Tuesday, 19 February 2019 to participate in community wellbeing, educational and sporting opportunities whilst their opponents, the Bulldogs, will arrive on Thursday, 21 February 2019 to do similar activities within the community in the lead up to the game on Saturday, 23 February 2019.

 

Attachments

1.         Letter to Mayor from Terry Quinn CEO of CRL NSW Ltd.

 


Council

19 September 2018

Item 12.6 - Attachment 1

Letter to Mayor from Terry Quinn CEO of CRL NSW Ltd.

 


Council 19 September 2018

Item 12.7

 

12.7. Pambula Sporting Complex - Squash Court & Multi Use Space     

 

Feedback to Council on consultation with users and overview on matters related to a Council Resolution to develop squash courts as part of an indoor sporting facility at Pambula Sporting Complex.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That the information provided in the report and attachments is received and noted.

2.    That the Pambula Sporting Complex Master Plan be revised to identify provision of Squash Courts/Multi-use space at Sapphire Aquatic Centre noting the final location within the broader Pambula Sporting Complex may be further revised prior to any works occurring, further noting Council’s previous intent for squash courts at that site

3.    That Council confirm its in-principle support for the Merimbula Basketball and Netball proposal to upgrade the Ford Park Courts.

4.    That Council continue with adopted plans and programs for renewal and improvements of existing assets at the Pambula Sporting Complex including replacement of Frank Maher Pavilion and upgrade of site amenities.

5.    That Council continue to investigate options and opportunities to source the full resourcing required to deliver projects in Council’s Strategic and Operational Plans.

 

 

Executive Summary

At the Council meeting of 20 September 2017 Council considered a Notice of Motion (NoM) relating to development of squash courts as part of an indoor sporting facility at Pambula Sporting Complex. The Resolution references two elements, being squash courts and an indoor sporting facility (typically based on providing space for netball/basketball indoor court/s).

Since the NoM, the three key user groups (Merimbula Basketball, Merimbula Netball and Merimbula Squash Club) have been consulted and have advised that their preferences differ from the direction of the NoM Resolution.

Merimbula Basketball and Merimbula Netball have submitted a joint project proposal to upgrade the existing courts at Ford Park. That project proposal was given in principle support by Council at the Council meeting on 8 August 2018.

The proposal for there to be squash courts developed at Sapphire Aquatic Centre (SAC) has been considered by Council on several occasions.  Prior to the NoM the most recent report considered by Council was on 10 June 2015. That report included an overview of the project to that point and a summary of Council Decisions and actions to that point.  Merimbula Squash Club have confirmed their preference for future courts to be in the area adjacent to Sapphire Aquatic Centre (as per the previous proposals).

Background

At the Council meeting of 20 September 2017 Council considered the NoM 18.1– Establishment of two squash Courts at Pambula Sporting Complex. Council resolved inta alia:

1.      That Council approve and fund the establishment of three Squash Courts at the Pambula Sporting Complex funded from the sale of its Main Street Merimbula Property.

2.      That Council allocate funding for squash courts at the Pambula Sporting Complex by resolution contingent on the sale of its Main Street Merimbula Property in early 2018.

3.      That Council include squash courts as part of an indoor sporting facility in the Masterplan for Pambula Sporting Complex.

 

The size of squash courts and the need for fixed front and back walls makes it difficult to combine squash courts with other sports typically played in an indoor sporting facility, for example basketball and netball.  With this in mind, the NoM looks to address two types of facilities, squash courts and an indoor sporting facility which is typically based on basketball/ netball/ hockey courts and is able to be marked up for other sports also.  Since the NoM, two key developments have occurred.

The likely main users of an indoor sporting facility (Merimbula Basketball and Netball) have advised of their preference for four covered outdoor courts (as opposed to fewer indoor courts) and to stay at their current location at Ford Park Merimbula. Those clubs have stated they collectively have 600 members and have submitted a joint project proposal to upgrade the existing outdoor courts at Ford Park. The project proposal was given in principle support by Council at its meeting of 8 August 2018.  

Merimbula Squash Club has confirmed their preference for future courts to be in the area adjacent to Sapphire Aquatic Centre (as per previous proposals).

Background – Squash Courts.

The proposal for there to be squash courts developed at Sapphire Aquatic Centre (SAC) has been considered by Council on several occasions since a Grant application was made in 2011 by the previous operator of SAC, Sapphire Aquatic Limited (SAL). Council was not involved in submission of the Grant application. The project had not been endorsed by Council at that time.

Prior to the 20 September 2017 NoM, the most recent report considered by Council was on 10 June 2015, 22.1 Proposed Squash Court Facility – Sapphire Aquatic Centre. That report included an overview of the project to that point and a summary of Council Decisions. It also included summary of organisational and funding changes that had occurred since the Grant applicant, (SAL), had made their original Grant application in 2011. 

At the time of the 10 June 2015 report, a S96 application to amend the Development Consent reflecting Council’s position at that time (standard 2 court project no movable walls) had been submitted. The report included a quantity surveyor’s report (Wilde and Woolard 2015) which costed the submitted S96 plans for that project at $640,000 (ex GST and escalation). The report was classified a Confidential Report as it included detailed project costing information. (noting at that point that project was planned to be put out to public tender).

Considering the information in that report Council Resolved unanimously:

1.    That Council defer the construction of a squash facility at Sapphire Aquatic Centre pending the development and adoption of a master plan for the Pambula Sporting Complex and access to appropriate levels of external funding; and

2.    That Council authorise officers to work with Merimbula Squash Club to access the old squash courts in Merimbula under terms and conditions that do not interfere with any future resolutions for the site.

Noting the Council Resolution above the S96 application to amend the original Development Consent was withdrawn. The original Development Consent which was issued 2013 has now lapsed.

Moveable Walls.

There are specific structure related requirements and features which are required for squash courts, the most obvious being walls. The standard singles court size (9.75m x 6.4m) differ from many other standard court sizes, with the walls’ location and construction typically limiting use by many other sports. The front and back walls (which are fixed) make squash court spaces fundamentally incompatible with other organised sports such as basketball, netball, hockey, volleyball and futsal. These sports cannot use spaces that meet squash court specifications. Moveable side/centre walls are an option for squash court development and they increase the options for uses by less formal activities such as group fitness classes or sports that can use smaller court spaces such as table tennis. Moveable side/centre walls enable wall/s to be unlocked at the base and pushed to the end walls allowing for a larger more open and useable area. That flexibility does come at additional cost of approximately $30k for each ‘movable’ side/centre wall over a comparable ‘fixed’ wall system.

Other Possible Users. 

Sapphire Aquatic Centre Gym and Group Fitness

The current area used for group fitness at SAC is a space shared with Pambula Swimming Club. It is on the small side and results in some limits on participant numbers. The current floor space is similar to a single squash court. Squash Court space with movable walls could be used for other gym and fitness activities. Fixed wall courts would have limited benefit.

Table Tennis

Pambula Table Tennis currently uses Frank Maher Pavilion. The general hall space is a long thin lay out enabling set up of 5 tables side by side.  New squash courts space with movable walls could potentially be used for table tennis noting the need for a differing layout and equipment storage. The Frank Maher Pavilion building is not considered appropriate by modern standards, has a number of issues and is due for renewal. A replacement building is included in the Pambula Sporting Complex Masterplan as a pavilion building to service the southern area/ fields. Movable walls squash courts could reduce the general space

While there can be other uses, squash courts need to be built to meet set specifications for squash to be able to be played.  However movable walls can contribute to the flexibility and by using moveable walls the areas can become more multi-purpose and see the spaces better utilised.

Background Indoor Sporting Facility: Basketball and Netball – Covered Courts

Merimbula Netball and Basketball have advised they need four courts to cater for current user members which number approx. 600. They have advised a facility of four covered outdoor courts would best meet their needs. It will also give scope for further expansion through increasing times of use which are currently limited by dew impacting on the court surfaces in the evening. 

The site of the courts has also been considered with the Club’s preference to stay at the location of the existing courts at Ford Park, as opposed to possibly relocating to Pambula Sporting Complex. A project proposal was presented to Council from Merimbula Netball and Basketball is based on their preference to stay at the Ford Park courts, resurface the courts, cover the courts and upgrade the facilities and amenities at the site. The proposal notes that other sporting and community groups use amenities and facilities in the area and they would also be involved in and benefit from the upgrade to facilities. Council Resolved to give in principle support to the project at the Council meeting of 8 August 2018.

Community Engagement

Consultation undertaken

To date there has been feedback received from the Merimbula Squash Club. Understandably they are in favour of squash courts development as it benefits their membership. They have expressed preference for them to be located adjacent to SAC. A copy of their correspondence is attached.

The Masterplan notes that while SAC is adjacent to the sporting complex it was upgraded recently in 2010 and effectively operates separate from the complex. Apart from possible improvements to complex access and parking use and improvements to SAC/Pambula Sporting Complex Masterplan.

There was broad community consultation in the development of the adopted Pambula Sporting Complex Masterplan. In the context of that plan and considering other issues, uses and needs for the site, an indoor sports building or squash courts was not included as an identified priority and as such those items were not included in the Masterplan for the Pambula Sporting Complex site. Key elements and priorities included in the adopted Masterplan are, new (renewal) multi-use pavilion building, stables and holding yard, renovation of existing main pavilion clubhouse, complex entry, access and parking (ring road, car parking, paths, throughout the site) new multi-purpose fields, and spectator seating and shelters (refurbish/new).

However, regarding the squash courts, the Masterplan notes consideration given to inclusion in future multi-purpose indoor facilities. 

As stated above Merimbula Netball and Basketball Clubs have been asked to provide comment on the development of an indoor Sports Facility at Pambula Sporting Complex. They have advised their preference for four covered outdoor courts and to stay at their current location at Ford Park Merimbula, as opposed to an indoor sports facility at Pambula Sporting Complex. A joint project proposal to upgrade the Ford Park facility has been submitted. It has been included with the Community Project Proposal report also included in the meeting agenda.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

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

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

Asset Management

Council has an adopted Recreation Asset Management Plan. This Plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.

A new squash court multi use building will be a new asset to be constructed, operated, maintained and depreciated.

The outdoor courts at Ford Park and associated amenities are existing assets which the current proposal will upgrade. The proposed cover over the courts will be a new asset. All will require to be operated, maintained and depreciated.

A new indoor sports facility at Pambula Sporting Complex would be a new asset to be constructed, operated, maintained and depreciated, with some of the cost partially offset from the renewal of the existing Frank Maher Pavilion.

2018/19 Operational Plan 

The 2018/19 Operational Plan states. ‘In preparing the budget an asset management model approach was applied to examine and to appropriately account for the renewal and maintenance costs of Council’s Infrastructure, Property, Plant and Equipment.’

Risk

In terms of recreation planning, identified risks associated with assets include:

·    Investment in ‘sport specific’ facilities increases risk associated with changing sport and recreation trends;

·    Real or perceived inequity in provision of ‘sport specific’ over other planned works and asset renewals;

·    Funding of ongoing operational costs (from existing sports facilities budgets);

·    Delay or deferral of other planned works and asset renewals.

 

Possible risk related consequences include:

·    Operational budgets and resources needing to be spread more broadly;

·    Inadequate resources to develop and service the asset inventory properly;

·    Decreased provision of services resulting in decreased quality of service which can result in lower use and capacity;

Financial and resource considerations

Provision of new of sports court facilities are major projects. It is important those facilities align with user needs.

Council is currently not able to fund these types of major projects alone and would need significant external Grant funds for projects.

While there are Grant opportunities, funding agencies want to be confident the projects are based on and align with community need and will result in well used facilities that deliver good value for the funds contributed.

An approach of ‘seed funding’ to adopted Strategic Plans can be used to demonstrate Council’s commitment and contribution as options and opportunities to source the full resourcing required to deliver the projects, are investigated.

 

Options

There are a number of options available to Council relating to the provision of sports courts (squash, netball, basketball) in Merimbula/Pambula. As with all options there are pros and cons with each however in a large majority of cases there are common elements that relate to delivery of well used recreation facilities delivering good value to the community. They are:

·    Provision. Is the project relevant to current community needs? Is the opportunity cost to other projects fair and acceptable?

·    Value and Use. Will the community be getting good value? Will the facilities be well used? Are subsidy levels reasonable? Are there other community uses that add to ‘Bang for Buck’?

·    Expectations. Will facilities meet expectations and needs of key users?

·    Asset Management. Is an asset management approach considered to prioritise works and resourcing available?

·    Risk Management. What risks is BVSC exposed to? How well can they be managed?

Key elements are the top two being provision and value and use, however it is important to consider all elements collectively in acknowledging pros and cons of different options.

The options considered ranging from sticking to an asset renewal approach, to fully funding and building a new indoor sports facility including squash courts; noting this will impact on other assets and capital renewal programs.

Noting that:

·    Major user groups of the facilities have provided further feedback on their preferences for location/s;

·    Council has provided in principle support for the Merimbula Basketball and Netball proposal to upgrade the Ford Park courts;

·    the use of movable walls in squash courts can help others groups make use of the indoor space.

A balanced approach would look to allocate available resources across related project areas being:

·    Asset renewal and upgrade of basketball and netball facilities;

·    Provision of a new squash courts multi use facility at SAC;

·    Continuing with adopted Plans and programs for renewal and improvements of existing assets including replacement of Frank Maher Pavilion and upgrade of site amenities at Pambula Sporting Complex.

It is noted this approach will not fully fund any of the projects. However, it can provide ‘seed funding’ to each which can be used demonstrate Council’s commitment and contribution as Council and the key user groups look to options to source the full resourcing required to deliver the projects.

The balanced approach above is the recommended option. It can be demonstrated by a simple amendment to the Pambula Sporting Complex Masterplan site plan (as attached) and confirmation of Council’s in principle support for the Merimbula Basketball and Netball proposal to upgrade the Ford Park Courts.

Attachments

1.         Pambula Sporting Complex MP adopted (Draft Amendment 19 Sept 2018) Plan

 


Council

19 September 2018

Item 12.7 - Attachment 1

Pambula Sporting Complex MP adopted (Draft Amendment 19 Sept 2018) Plan

 

 

 


Council

19 September 2018

 

Staff Reports –  Governance And Strategy

 

19 September 2018

  

13.1            Bermagui Projects to progress in period prior to a new town centre plan being adopted.......................................................................................... 106

13.2            Committee and Panel Delegates and Representatives 2018/2020....... 110

13.3            Disposal of Easement - Merimbola Street, Pambula............................. 113

13.4            RFT 04/17-A Trade Services Panel (Expansion)...................................... 116


Council 19 September 2018

Item 13.1

 

13.1. Bermagui Projects to progress in period prior to a new town centre plan being adopted     

 

Key Council and community projects need to progress in Bermagui prior to the final adoption of a design plan for the CBD.

 

General Manager  

 

 

Officers Recommendation

That Council support the following projects to be delivered in the Bermagui township with appropriate consultation and engagement, prior to the finalisation of a new CBD design plan:

·    Disabled parking in Bunga Street

·    Design and construction of an all abilities playground

·    Works to reseal Lamont Street from the intersection of Bunga Street to the bridge with appropriate line marking

 

Executive Summary

At its meeting on 7 June 2017 Council resolved to hold discussions on the development of a new concept plan and detailed design for Bermagui with the local community when funding for works is identified and rescind the SPIIRE master plan for Bermagui. Since that time there have been ongoing discussions in relation to getting a design developed with community input.

Currently this project is unfunded with Council resolving that funding be considered at the first quarterly budget review in 2018/19. A report is presented to this Council meeting outlining a potential funding allocation for a number of projects similarly identified.

There is however some critical projects that need to be progressed prior to a design plan being finalised as funding has been allocated. In order for these to proceed to consultation phase a Council resolution is sort to support this approach.

Background

Council adopted the SPIIRE Masterplans in February 2015

In February 2017 Council considered a Notice of Motion and resolved:

That Council consider an allocation of funding in the draft 2017/18 budget development to include going to expressions of interest for detailed design building on the current CBD masterplan and to establish detailed working plans, including traffic and parking plans, in consultation with the respective communities for Merimbula and Bermagui CBDs.

That strategic project planning of the detailed designs take into consideration, in consultation with key community stakeholders, budget development, including quantity surveying, so that Council can plan for full costs, and work can be staged when funding becomes available.

Subsequently this Notice of Motion was amended by resolution on 7 June 2017 to resolve:

1.    That Council alter the Resolution of 4 February 2015 to read:

That Council adopts the draft Central Business District (CBD) landscape masterplans for Merimbula and Bega and that these masterplans form the basis for the future enhancement of the two towns.

2.    That Council alter the Resolution of 1 February 2017 to read:

1.    That Council consider an allocation of funding in the draft 2017/18 Budget development to include going to expressions of interest for detailed design building on the current Central Business District (CBD) masterplan and to establish detailed working plans, including traffic and parking plans, in consultation with the community for Merimbula CBD.

2.    That strategic project planning of the detailed designs take into consideration, in consultation with key community stakeholders, budget development, including quantity surveying, so that Council can plan for full costs, and work can be staged when funding becomes available.

3.    That discussions on the development of a new concept plan and detailed design for Bermagui be undertaken with the local community when funding for works is identified.

Discussions have commenced and been ongoing with the Bermagui community in relation to having item three enacted. A further meeting is currently planned.

Proposals have been sort from consultants willing to assist locally with the work and a final proposal is awaited following the meeting outlined above.

There is ongoing concern in the community whenever Council staff are seen in the area or works are undertaken or discussed that these are being done outside of an agreed plan. Many of these works are planned maintenance or upgrades and others relate to requests from the community or external funding of projects.

Council staff are seeking Council support to progress several projects to the next stage for the benefit of the Shire and the Bermagui community. The objective of the projects progressing would be that they do not impact the future CBD area design process.

Staff are committed to consulting with the community on these projects and do not believe that the Bermagui community should have a hold on all works until the design process is concluded and adopted.

The projects currently on foot are:

· The creation of a disabled car parking space on Bunga Street near the bottle shop. This issue has been raised at the Access and Inclusion Committee for a number of years without any opportunities for a way forward until now. Several locations have been proposed and site assessments and some discussions have been undertaken and it is recommended that seeking the most cost effective option which is also compliant be developed and implemented. If necessary this would be moved if needed when the larger project is funded and delivered.

·    Construction of an all abilities playground which has been a priority locally for some time. The playground is of particular importance to the Bermagui Pre School and was the focus of an application to the State Government for funding. It is seen as highly likely that this project will receive funding. Due to the nature of the funding allocations timeframes are short in terms of delivering the projects. The site for this is not yet finally determined as there are a number of locations identified. It is recommended that this project proceed to formal consultation around a final site so that when the funding is announced the project can move to final design and construction.

·    Works to reseal Lamont Street from the intersection of Bunga Street to the bridge are also listed on Council’s Works Program. This work does overlap with the area within the former masterplan. Staff would aim to also undertake line marking including an on street cycle lane and parking lane. These works do not change any function but connects the existing off road path and provides somewhere safe to go. Resealing of the main sections of Bunga Street and Lamont Street within the landscape master plan areas will not progress until the CBD design is agreed

·    A footpath on the northern side of Lamont Street where there is a very observable desire line is a priority however as this is likely for delivery in 2019 it may be able to be included in any design plans.

·    There are a number of maintenance and safety issues that will need to be fixed as budget is available. However, some of the issues are significant and will need to be addressed when the master plan works are done.

·    There is works being undertaken at Eastwoods driven by a DA matter. A film crew is coming to Bermagui in September and works in the road reserve will be completed. The only concern here is an art sculpture. It has been suggested that this be delayed this until there is community consultation. Essentially, this Eastwoods treatment forms the entry into the village heart from the south so it is key that there is consultation.

·    Developments at the Bermagui Skate Park – Picnic Table and Shelter – reported to Council in August under a Community Project Proposal.

·    Bermagui Grower’s Market wants to establish a market within Apex Park, Bermagui.  DA has not yet been submitted but this project and the site of the all abilities playground need to be formally resolved.

Options

There are two options Council may consider:

1.    To continue to hold off on the further development of these works until a final design is adopted.

2.    Commence consultation and deliver these projects ensuring that they do not compromise any future CBD design plan.

Community Engagement

Consultation undertaken

Some preliminary discussions have been undertaken in relation to disabled parking and the all abilities playground.

Consultation Planned

There will be further consultation in relation to both the disabled parking and all abilities playground and the site for a growers market.

Council consideration of input

Final locations and designs will be presented to Council for adoption.

Financial and resource considerations

Projects listed are funded (or funding is expected) or result from community project proposals resolved by Council. There are no additional budget impacts.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

In particular the disabled parking and all abilities playground achieve high priorities established by Council.

Risk

An inability to deliver funded projects within the terms and timeframes of funding bodies has the potential to impact the funding availability.

 

 

Attachments

Nil

 


Council 19 September 2018

Item 13.2

 

13.2. Committee and Panel Delegates and Representatives 2018/2020     

 

Council appoints its delegates/representatives to various Committees, Panels and Associations following the Mayoral election.

 

General Manager  

 

 

Officers Recommendation

1.      That Council note the definitions and purpose of committees, panels, and statutory appointments.

2.      That Council confirm the delegates and alternates to committees, panels and organisations as outlined below:

         <insert table listing names of delegates>

3.      That all the committees and organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and invitations, directly to the Council appointed delegates.

 

Background

Traditionally Council has appointed individual Councillors to represent Council on community committees and other organisations.  The table of recommendations in this report includes each of the committees/organisations to which Council should appoint delegates.

It is recommended Council determine the delegate/s and representative/s for the period until September 2020.

Section 355 of the Local Government Act 1993 (S355) Committees and Advisory Committees

Section 355 (S355) and Advisory Committees are established by Council to perform certain functions on behalf of Council. These may include management of assets, performance of services, or joining with other organisations to provide large scale services or projects.

S355 and Advisory Committees are obliged to observe the adopted Code of Meeting Practice, and where appropriate, members nominate areas of pecuniary interest. The Committees, through Council officers, must publish Agendas and Minutes on Council’s website which are accessible to the public under Government Information Public Access Act 2009 (GIPA) legislation. Relevant recommendations of these Committees, relating to financial, asset or policy matters, are reported through Council officers to Council meetings for consideration.

Reference Panels

Reference Panels are appointed by Council, from time to time, with representatives of community and other stakeholders or agencies with relevant expertise, influence or interest in strategic areas, as a sounding board in the development of strategies or plans, or to monitor progress against these strategies and plans.

Committee Chairs and relevant officers participate in meetings of any such constituted panel, and incorporate key opinions and advice of those panels into officers or delegates reports to Council.

Local Government bodies

Council is a member of a number of peak Local Government bodies. The Mayor is the nominated representative to regular events and meetings held by these organisations with other Councillors able to attend conferences as resolved by Council.

Statutory Appointments

Some delegates to organisations other than Council Committees are made by Ministers.  These appointments are personal appointments and cannot be altered by the Council. Should a Councillor not be re-elected, the Minister will make an alternate appointment, seeking Council’s advice. Councillors may wish to nominate alternate delegates for some committees.

Council Section 355 Committee/Panel

Delegate Representative 2016/18

Delegate Representative 2018/20

Access and Inclusion Committee

Cr Bain

 

Audit, Risk and Improvement Committee (formerly Internal Audit Committee)

Cr Tapscott

Cr Bain (resigned)

 

Bega Valley Medallion Committee

Mayor

 

Coastal Planning and Management Panel

Cr Seckold

 

General Cemetery Advisory Committee

Cr Dodds

 

General Community Halls Committee

Cr Bain

 

General Sportsground Committee

Cr Allen and Cr Nadin

 

 

Internal or Community Committee/Panel

Delegate Representative 2016/18

Delegate Representative 2018/20

Awards and Scholarships Committee

Adopted 29/8/2018

Mayor as Chairperson

General Manager

Councillors (as to be elected 19/9/18)

 

Bega Valley Shire "On Track" Committee

Cr Seckold

 

Central Waste Facility Community Consultation Committee (CWFCCC)

Mayor

 

Community Environment Grants Committee

Cr Griff and Cr Seckold

 

Community Events and Festivals Grants Evaluation committee

Mayor and Cr Allen

 

Heritage Grants Committee

Cr Dodds and Cr Seckold

 

Integrated Water Cycle Management Reference Panel

Mayor

 

Internal Finance Committee

Mayor and all Councillors

 

Local Traffic Committee & Traffic Development Advisory Committee

Cr Fitzpatrick – resigned

Cr Bain

 

Police Liaison Committee

Mayor

 

 

External Groups Committee/Organisation

Delegate Representative 2016/18

Delegate Representative 2018/20

Australian Coastal Councils Association Inc

Cr Griff

 

Batemans Marine Park

Cr Dodds

 

Bega Valley Bush Fire Management

Cr Tapscott

 

Bega Valley Business Forum

Cr Nadin (Cr Tapscott – alternative)

 

Biamanga National Park

Cr Dodds (Cr Griff – alternative)

Council has been advised that two new representatives be nominated

 

Country Mayor’s Association

Mayor

 

Local Government NSW (Council has 3 voting delegates at conference)

Mayor, Crs Dodds, Griff, Nadin, Tapscott – Annual Conference; resolved 28 September 2016

Mayor other LGNSW forums/meetings

 

Mumbulla Foundation

Cr Dodds

 

NSW Public Library Association

Mayor

 

Sapphire Coast Tourism Limited Board

This organisation is in the process of being wound up as an entity.

N/A

South East Arts

Cr Griff

 

South East Australian Transport Strategy (SEATS)

Cr Fitzpatrick

 

Canberra Region Joint Organisation  (CRJO)

Mayor (alternate Deputy Mayor)

 

Southern Joint Regional Planning Panel

Cr Tapscott

Cr Fitzpatrick

Alternative 1 – Cr Dodds

Alternative 2 – Cr Bain

 

 

Attachments

Nil

 


Council 19 September 2018

Item 13.3

 

13.3. Disposal of Easement - Merimbola Street, Pambula     

 

Council has received a request from a developer for Council to grant a formal easement for access over a parcel of Council owned land in Merimbola Street, Pambula to facilitate future redevelopment of their adjoining land.

 

General Manager  

 

 

Officers Recommendation

1.    That Council grant a formal Easement for Access over part Lot 16 DP 1204078 at Merimbola Street, Pambula to the benefit of the registered proprietor of Lot 20 Section 33 DP 758825 and Lot 15 DP 1204078.

2.    That the Transfer Granting Easement also note the requirement for the registered proprietor of Lot 20 Section 33 DP 758825 its successors and assigns, to maintain and repair in perpetuity the box culvert system.

3.    That all costs associated with creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees are borne by the applicant. 

4.    That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement.

 

Executive Summary

A formal request has been received from a landowner in Pambula to acquire an Easement for Access over a parcel of Council owned land at Pambula.  Access over this land is integral to their plans for redevelopment of their adjoining land.

Council’s formal approval to grant a legal right for access over Council owned operational land is therefore being requested.   

Background

The owners of Lots 19 and 20 Section 33 DP 758825 Quondolo Street, Pambula attended a Development Advisory Panel (DAP) Meeting on 21 June 2018 to discuss a proposal for the redevelopment of their land within the township of Pambula.  One of the Council recommendations from the DAP meeting was for the developer to consider using the rear of the site for vehicular access, rather than the Quondolo Street frontage.  As a result of that advice, the applicant is in the process of purchasing a further Lot to the rear of Lot 20, being Lot 15 DP 1204078, however obtaining legal and formal access over a small parcel of land owned by Council is essential in order for the applicant to proceed with the purchase and any subsequent Development Application (DA).

The portion of Council owned land (Part Lot 16 DP 1204078) is a natural drainage channel and accordingly, the applicant will be required as part of any Development Consent to construct a box culvert system crossing over the existing channel to allow all weather access for heavy vehicles to the proposed development site.  Once constructed, the applicant (and any successors or assignees of Lot 20 Section 33 DP 758825) will be responsible in perpetuity for all ongoing maintenance of the culvert. 

The section of Council owned land to be burdened by the easement appears below, however the size of the easement will only be approximately 8m in width.

Community Engagement

Council consideration of input

Council approved an exchange of land by way of boundary adjustment with the existing owner of Lot 15 DP 1204078 on 9 October 2012 which created the part parcel (Lot 16) that the applicant now requires access over.  As a natural drainage channel, Council required machinery access over the land to carry out maintenance and rather than the landowner grant Council a right of carriageway for this purpose, the boundary adjustment was completed to dedicate the small section of that land to Council.      

Financial and resource considerations

As an easement is solely an interest in the land, its market value is minimal.  It is recommended that the easement be granted to the applicant for nil compensation on the following basis:

1.    The applicant construct, at their expense, a box culvert system crossing over the existing channel to allow all weather access for heavy vehicles, subject to Council approved plans;

2.    The registered proprietor of Lot 20 Section 33 DP 758825, its successors and assignees be responsible in perpetuity for all ongoing maintenance of the culvert;

3.    The applicant bear full responsibility for all costs associated with establishing the easement, including any survey works, plan preparation, registration fees and legal costs (including Council’s legal costs capped at $1,500).

Installation of the box culvert system will ensure the development does not burden Council.  An appropriately designed box culvert system will also ensure the 1:100 year flood capacity of the existing drainage line is maintained and the existing overgrowth will likely cease to require maintenance by Council.  

Legal /Policy

Council’s Acquisition and Disposal of Land Procedure allows for the disposal of land to achieve strategic outcomes and in such situations, best value may comprise financial, environmental or social elements, with a price falling below the “market value” range.  It is considered entirely appropriate for Council to grant the easement for nil compensation on the basis the applicant is responsible for all construction costs, ongoing maintenance and repair in perpetuity, legal costs, plan preparation and registration fees.

Council’s Lot 16 DP 1204078 is classified as ‘operational’ land under section 31 of the Local Government Act 1993, therefore the registration of easements is permissible. 

 

Attachments

1.         Request for Easement for Access - Merimbola Street Pambula (Councillor Only)

 


Council 19 September 2018

Item 13.4

 

13.4. RFT 04/17-A Trade Services Panel (Expansion)     

 

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

 

General Manager  

 

 

Officers Recommendation

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

(insert)

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

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

 

Background

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

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

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

Air Conditioning

Line Marking

Arborist

Locksmith

Asbestos Removal

Marine Maintenance

Automatic Door Maintenance

Painter

Boilermaker/Steel Fabrication

Paving

Bricklaying

Playground Equipment Inspections

Carpentry Services

Plumbing / Drainage / Gas Fitting

Cleaning

Project Management (Event Response)

Concreting

Roller Door and Shutter Maintenance

Data and Communications

Roofing – Roof Tiling

Electrical

Roofing – Sheet Metal

Fencing

Security Patrol

Flooring – Vinyl, Carpet etc

Security Technician

Furniture Removals

Sign Writing

General Building / Trade Maintenance

Tiling (Floor and Wall)

Glazing

Timber Floor Sanding

Joinery

Weed Spraying – Roadside

Landscaping

Weed Spraying – General

Lawn Mowing and Garden Maintenance

 

Nineteen (19) submissions were received in response to the RFT, from the following entities:

·    B & J Welsh Fencing Pty Ltd                                       

·    MJ & JDM Keys (Mick's Fencing)                                

·    Bega Valley Slashing & Mowing                                

·    A W Dummett Pty Ltd                                   

·    Patrick Farrell                                  

·    Blacka's Pipeline & Excavation                                  

·    Shane Best Tree Services & Arborist                                        

·    TS Carpentry & Concreting Pty Ltd                                          

·    Adam Nelson Painting & Decorating                                       

·    Above & Beyond Contracting                                    

·    Roland Boillat                                  

·    AG Acumen No2 Pty Ltd trustee for AG Acumen Trust No2 t/as Braidwood Ground Spraying                             

·    New Era Enterprises Pty Ltd t/as New Era Group                                

·    Rent A Fence Pty Ltd                                     

·    Style Maintenance Services                                        

·    Coastaire Air Conditioning & Commercial Refrigeration Pty Ltd as trustee for The Shaw Family Trust                                   

·    Southern Aquatic Services                                          

·    Greg Eastman Electrical Pty Ltd                                

·    Jason Davison t/as Protect Lock + Door   

The evaluation criteria and associated weightings were set as follows:

Services Value (Schedule of Rates)

30%

Recognition of local outcomes, demonstration of support for local

10%

Experience providing similar Services

15%

References

15%

Demonstrated capacity to undertake Services of this nature

15%

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

15%

Options

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

Community Engagement

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

Financial and resource considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

 

Attachments

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

2.         RFT 04/17-A Confidential Memorandum (Councillor Only)

   

 


Council

19 September 2018

 

Staff Reports –  Finance

 

19 September 2018

 

14.1            Identified projects for funding following Council resolution at adoption of annual budget .................................................................................... 120


Council 19 September 2018

Item 14.1

 

14.1. Identified projects for funding following Council resolution at adoption of annual budget       

 

Council has identified that it will receive an increased Financial Assistance Grant allocation in the 2018/19 financial year. It is timely to consider allocation of this funding to several items referred by Council Resolution.

 

General Manager  

 

 

Officers Recommendation

That Council allocate the additional Financial Assistance Grant income as outlined below:

a.    Community and events funding                                                                $40,000

b.    Merimbula VIC relocation                                                                         $25,000

c.    Bermagui Charrette                                                                                    $10,000

d.    Sealing of Plumb Motors Auckland Street car park (estimate)           $35,000

e.    WiFi for the Emergency Operations Centre (EOC)                 $8,000

f.     General Manager’s support allocation for community groups           $15,000

g.    Allocation Merimbula Netball/Basketball project proposal               $10,000

h.    Allocation Cobargo skate park as per project proposal                      $10,000

i.     Allocation to Reserve                                                                                 $72,000

 

Executive Summary

At the adoption of the Operational Plan and budget on 27 June 2018 Council identified a number of projects that should be considered for funding following the end of year result. As some of these projects require certainty and planning, it is outlined here how this can now be considered prior to the end of financial year (EOFY) and first quarterly budget review (QBR).

Due to an increased yield in the Financial Assistance Grant which was not known at the time of the adoption of the Operational Plan and budget, funds are available to support these projects to varying degrees.

Background

At its meeting on 27 June 2018 Council as part of the adoption Resolution for the 2018/19 Operational Plan and budget resolved:

·    That the funding model proposed to identify some allocation for events and community support [following reduction of the Southern Phones dividend funding] not be applied. Instead, staff prepare a report to Council with the first quarterly budget review, following reconciliation of the end of year financial results, outlining potential avenues of funding to support the restoration of a community events funding allocation of $40,000, potential allocation to also be identified for the Merimbula VIC relocation and fit out, Bermagui charrette, and the sealing of the Plumb Motors Auckland Street Car park.

Council is currently working through finalising its EOFY position. The first quarter does not conclude until 30 September, so in order to achieve the Resolution it would not normally be expected that a report achieving the Resolution would be presented until October.

In developing the draft 2018/19 budget Council officers prudently based on assumptions for the expected Financial Assistance Grant (FAG) on expected allocation, and budgeted $6.846 M. The final allocations through the Grants Commission are now expected to yield a FAG allocation in the order of $7.07 M representing an overall increase of 3.79% from last year of $6.812 M.

 As Councillors are aware there are timing differences relating to the receipt of the FAG, as 50% of the amount has been paid upfront and this will be dealt with this in the September QBRS.  

This welcome increase provides an additional amount of approximately $225,000 to the budget. This amount is subject to changes but it is likely to be in 000’s rather than 10,000’s.

In assessing the list of items proposed by the Council’s Resolution and some additional critical requests the following proposed allocations are presented for consideration. Importantly the whole amount is not allocated so that there is a capacity to utilise this funding (to be held in an appropriate reserve) to match funding applications or address urgent infrastructure items.

Several of the items have been identified since the meeting on 27 June. These include installing enhanced WiFi at the Emergency Operations Centre at the Maher Street Depot which is a recommendation from the Tathra and District fire event review; funding for progressing the Merimbula Netball/Basketball project which was to be found in current budgets at the potential impact on existing priorities; and a commitment to the Cobargo skate park project resolved at the Council meeting on 8 August 2018.

It is proposed that the following allocations be supported:

2.    ITEMS FROM COUNCIL RESOLUTION:

a.    Community and events funding                                                                $40,000

b.    Merimbula VIC relocation                                                                         $25,000

c.    Bermagui Charrette                                                                                    $10,000

d.    Sealing of Plumb Motors Auckland Street car park                              $35,000

3.    CRITICAL REQUESTS:

a.    WiFi connection for the EOC (requested by NSW Police, RFS)           $8,000

b.    General Manager’s support allocation for community groups          $15,000

c.    Allocation Merimbula Netball/Basketball  project proposal              $10,000

d.    Allocation to Cobargo skate park project proposal                             $10,000              

4.    ALLOCATION TO RESERVE                                                                                        $72,000

Options

Council has the option to allocate all or part of the additional income from the FAG at this time, or defer the treatment of this additional income to a quarterly budget review.

Community Engagement

Consultation undertaken

The draft Operational Plan and budget were publicly exhibited and requests for four of the above items were received during this period.

Financial and resource considerations

The identified additional FAG income has no current allocation against it in the adopted budget.

 

Funding source

 

Amount

Additional FAG income

$

$225,000

 

Attachments

Nil

   


Council

19 September 2018

 

 

Notices of Motion

 

19 September 2018

 

18.1            Hotel Australasia..................................................................................... 124

18.2            Indigenous employment criteria infrastructure tenders....................... 125

18.3            DA Process................................................................................................ 126

18.4            Proposed Levy on Milk to support local dairy businesses.................... 127


Council 19 September 2018

Item 18.1

 

18.1. Hotel Australasia        

 

Cr McBain   

 

 

Recommendation

That Council call for expressions of interest from person/s or groups that have an interest in purchasing the Australasia from Council to be considered in concert with the marketing plans provided by local estate agents with a closing date of 5 October 2018 including any proposal that may be a Public Private Partnership.

 

 

Background

At its meeting on 8 August 2018 Council Resolved:

1.   That Council accept email correspondence from Irisha Pty Ltd and Rubycove Pty Ltd legal representatives, outlining they will not be proceeding with the purchase of the Australasia (142-144 Imlay Street, Eden).

2.   That Council officers engage the three locally based Real Estate Agents in Eden to provide a detailed marketing plan to Council including costings, related to commissions and expected expenses, and report back to Council at the earliest practical Ordinary Meeting of Council.

3.   That Council release to the community details on the amount of funds already spent on this matter.

Council officers have commenced implementation of this Resolution however it would also seem prudent to call for direct expressions of interest from any interested parties who may be interested in development of the site. This could come in a number of formats that Council could consider.

The Resolution from 8 August 2018 restricts some already potentially interested parties from directly submitting proposals to Council. If any proposals were received, Council could consider its decision as to whether to progress with appointment of an agent or to directly divest of the property or enter into the process required for a public private partnership.

In order to consider the likelihood of parties wishing to progress the development directly and to consider the marketing plans concurrently, a short advertising period would need to be undertaken with a closing date of 5 October 2018.

 

Attachments

Nil

 

 


Council 19 September 2018

Item 18.2

 

18.2. Cr Jo Dodds - Indigenous employment criteria infrastructure tenders        

 

 

Notice of Motion

That Council add a weighting to the assessment of tenders for construction and capital projects in the Shire to require a percentage of Indigenous workforce. 

That until this is in place and forms part of the tender process, that tenderers be encouraged to highlight their commitment to Indigenous employment as part of their tender documentation.

 

 

Background

There are many upcoming major and minor civil works/infrastructure projects in the Bega Valley Shire which will attract tenders from local and other businesses. As a Shire with a significant population of Indigenous residents and a Memorandum of Understanding with the three Local Aboriginal Lands Councils ( Eden LALC, Bega LALC and Merrimans LALC), it is appropriate that we encourage the provision of training and employment opportunities for Indigenous workers and trainees.

Such provisions, requiring percentages of Indigenous employees, are currently embedded in some State and Federal procurement/tendering processes. Projects such as the development of the Port of Eden and the construction of the South East Regional Hospital have already seen very positive outcomes in Indigenous training and employment.

Cr Jo Dodds

 

Attachments

Nil

 


Council 19 September 2018

Item 18.3

 

18.3. Cr Mitchell Nadin - DA Process        

 

 

Notice of Motion

1.    That Council direct the General Manager to prepare a report to Council reviewing Council’s currently adopted Communications Policy, Customer Service procedure and charter to include a "that-day" response commitment for DA enquiries where a staff member acknowledge a member of the public's email, text, or phone call so that the public know their correspondence has been noted. 

2.    That Council workshop with key staff opportunities to streamline and simplify current explanations of DA processes, and  planning and building approvals requirements with the objective of reducing waiting times and providing better community and client outcomes.

3.    That Council look to have a round table discussion with interested community members to encourage feedback on the DA process in the Bega Valley.

 

Background

With more legislative and bureaucratic requirements governing the DA process than ever, each week several members of the public come to me with concerns about how they can proceed with their assessment. 

It's not just developers, it's mums and dads building a family home, entrepreneurs looking to open a small business or people trying to activate land or enhance their assets. 

With the recent establishment of the development hub and the development assessment review now almost three years old, it would appear to be timely for councillors to workshop the DA process to get a better understanding of council's role and look to simplify and streamline the process, but most importantly make sure council communicate better with the public to inform people of the processes and also be more pro-active to ensure a successful outcome. 

Cr Mitchell Nadin

 

Attachments

Nil

 


Council 19 September 2018

Item 18.4

 

18.4. Cr Mitchell Nadin - Proposed Levy on Milk to support local dairy businesses        

 

 

Notice of Motion

1.    That Council acknowledge and congratulate the announcement by Bega Cheese to increase the farm gate price for milk. 

2.    That Council support the establishment of a levy or floor price on milk that is passed on directly to dairy farmers in order to support our local and interstate dairy businesses.

 

Background

Dairy farmers are critical to Australia economy and food production industry, especially our local area. But unfortunately many farmers are currently struggling with enormous financial hardship because of the low yield on their product, an increase in overheads - especially feed for stock - and the impacts of the current drought. Many farmers have been forced to sell stock or close their farms because the industry is slowly becoming not viable. 

A levy or floor price would help to ease the burden on farmers by providing much needed financial certainty and allowing the industry to rebuild and continue to provide the much needed produce for all Australians. As a regional council where our economy relies on successful farming, our council should show its support and solidarity for the industry and do what it can to advocate for better conditions for our farmers. 

I note the Federal Minister for Agriculture the Hon David Littleproud has supported such an approach and Bega Cheese has also announced an increase in their payments to suppliers. 

Cr Mitchell Nadin

 

Attachments

Nil

   


Council

19 September 2018

 

 

Questions On Notice

 

19 September 2018

 

19.1            Cr Bain Question on Notice - Did Council pay for the sewerage for Ray Miller's Top Lake development?............................................................. 129

19.2            Cr Fitzpatrick Question on Notice - Wolumla School............................ 130

19.3            Cr Dodds Question on Notice - Recycling .............................................. 131


Council 19 September 2018

Item 19.1

 

19.1. Cr Bain Question on Notice - Did Council pay for the sewerage for Ray Miller's Top Lake development?     

 

Response to Cr Bain’s Question on Notice at the Council Meeting of 29 August 2018.

 

Director Assets and Operations  

 

Sewer contributions under the Development Service Plan (DSP) for the subdivision at Top Lake Merimbula

On 29 August 2018 Cr Bain asked is the subdivision being undertaken at Top Lake Merimbula part of the Developer Servicing Plan (DSP) area and have contributions been paid?

The question was taken on notice by Director, Assets and Operations who has provided the following reply.

There are potentially three developments that Council officers believe this question may relate to and all three are part of the Developer Servicing Plan (DSP) area which means the developments are required to be serviced with water and sewer and the developer is required to pay relevant headworks contributions for water and sewer under the plan.

Works have been completed on two of the three developments and headworks have been paid on two of the three. One of the three developments still requires some works to be undertaken which officers are working through with the developer as well as payment of the headworks charges.

 

 

Attachments

Nil

 


Council 19 September 2018

Item 19.2

 

19.2. Cr Fitzpatrick Question on Notice - Wolumla School     

 

Response to Cr Fitzpatrick’s Question on Notice at the Council meeting of 29 August 2018

 

Director Assets and Operations  

 

Possible grant funding for Wolumla School

On 29 August 2018 Cr Fitzpatrick asked if any grants are available to address Wolumla School access safety issues.

The question was taken on notice by the Director, Assets and Operations who has provided the following answer:

There are several schools throughout the Shire where safety concerns have been raised over a number of years. Improvements have been made in number of cases, particularly when grant applications have been successful.  Council officers had planned to meet with the Wolumla School Principal in recent months; however the meeting was postponed at the request of the Principal and officers will now follow up again with the School. Officers will commence preparing a package/consolidated list of all  local school related car parking/safety issues, in order to assist in seeking grant funding to include some projects that have previously been applied for as well as some newer or emerging projects.

Council applied for funding under the Country Passenger Transport Infrastructure Grants Scheme (DPTIGS) and were successful in gaining $10,000 for funding Scott Street, Wolumla, a current bus stop location.

 

Attachments

Nil

 


Council 19 September 2018

Item 19.3

 

19.3. Cr Dodds Question on Notice - Recycling       

 

Response to Cr Dodds’ Question on Notice at the Council meeting of 29 August 2018

 

Director Assets and Operations  

 

Destination of kerbside collected recycling

On 29 August 2018, Cr Dodds asked where does our recycling go once it’s collected from our homes?

The question was taken on notice by the Director, Assets and Operations who has provided the following answer:

Council currently has collection contracts in place which require the collection providers to determine the destination of materials.  Bega Valley recyclables are currently transported to Canberra for processing, and at this time we are unaware of what markets the sorted and processed materials then go to, for further processing/recycling.

 

Attachments

Nil