Agenda of Council - 8 May 2019

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

8 May 2019

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

Recommendation

That the leave of absence from 11 April 2019 to 22 May 2019 requested by Cr Griff be accepted.

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 10 April 2019 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)

4.1 Deputations received prior to the publication of the business paper.................................... 9

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 ......................................................................... 11

9.2 Proposal to Re-establish Alcohol Free Zone Eden Central Business District........................ 67

9.3 LEP clause 4.6 variation................................................................................................................. 70

10 Staff Reports – Community, Culture and Leisure

10.1 Request to support the Bridge-ing the Gap campaign........................................................... 102

11 Staff Reports –Economic Development and Business Growth

Nil Reports

12 Staff Reports – Infrastructure Waste and Water

12.1 Lease to Pambula Merimbula Golf Club................................................................................... 108

12.2 Land Divestment Options - Lot 2 DP 161251 Chandos Street, Eden .................................. 174

12.3 Former Hotel Australasia ........................................................................................................... 178

12.4 Land Divestment Options - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula............. 183

12.5 Proposed New Road Name: Hobbs Lane, Wolumla................................................................ 215

12.6 RFT 22/19 Supply and Installation of Soft Floor Matting to Bega Valley Saleyard............. 220

12.7 Bega Valley Local Traffic Committee......................................................................................... 224

12.8 Draft BVSC Swimming Pools Strategy........................................................................................ 227

12.9 RFT 72/18 Mattress Collection and Processing ...................................................................... 232

12.10 RFT 17/19 Eden Aerobic Tank Diffuser and Concrete Tank Repairs................................... 235

12.11 Proposed New Road Names: Spanish Oaks Drive and She Oak Close................................. 238

12.12 RFT 06/19 Bega Valley Shire Council Workshop Refurbishment......................................... 242

12.13 Merimbula Service Lane............................................................................................................. 257

13 Staff Reports – Governance and Strategy

13.1 Change of Date - Council Meeting............................................................................................. 262

14 Staff Reports – Finance

14.1 Certificate of Investment............................................................................................................ 264

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

19 Questions On Notice

19.1 Cr Griff Question on Notice - Petition regarding Merimbula Ocean Outfall...................... 269

19.2 Cr Allen Question on Notice - Bega Valley Regional Learning Gallery................................ 294

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......................... 295

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 8 May 2019

Item 9.1

9.1. Companion Animals Control Areas Procedure

On 31 October 2018 Council resolved to publicly exhibit a draft Companion Animals Control Areas Procedure. This report provides a summary of submissions received and recommends adoption of a revised Procedure that reflects those submissions.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the report.

2. That Council adopts the proposed version of Procedure 4.06.6 - Companion Animals Control Areas (Attachment 1) and rescinds the previous version (Attachment 2).

Executive Summary

Council’s management of companion animals is set out in Council’s Companion Animal Management Policy 4.04 (Attachment 3) and associated Procedure 4.04.6 - Companion Animals Control Areas (Attachment 2).

A review was undertaken in 2018, which recommended amendments to the Procedure. The revised draft Procedure was publicly exhibited in late 2018.

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 care and control. These changes will also protect local threatened species and their habitat, while enabling owners of companion animals to more fully enjoy local amenity.

This revised Procedure (Attachment 1) is presented for Council’s consideration, based on submissions on version exhibited in 2018. Officers have carefully considered the submissions and, in addition to some housekeeping, have recommended four main changes to the exhibited version:

1. An additional leash free area at south Cuttagee Beach;

2. Increasing the area of dog prohibited area at Wallaga Lake entrance;

3. Reducing the size of the dog prohibited area at Kianinny Reserve into two smaller areas; and

4. Providing river access at the existing Old Bega Racecourse leash free area.

Background

At its meeting of 14 October 2015, Council considered a report recommending changes to [then] Procedure 3.06.6 - Companion Animals Control Areas and resolved:

1. That the Draft Companion Animal Control Areas Procedure 3.06.6 be advertised and placed on a 28 day public exhibition period.

2. That a further report be presented to Council following the exhibition period.

At its meeting of 19 September 2018, Council considered a report recommending changes to Procedure 4.06.6 - Companion Animals Control Areas and resolved:

1. That Council defer the matter for further revision of wording and that this review specifically deal with accessibility access to on and off leash areas with a report back to Council for subsequent release to the community for feedback.

2. That Council write to the NSW State Government requesting a review of the Companion Animal Act particularly highlighting the significance that animals play in the health and wellbeing of regional and rural communities.

At its meeting of 31 October 2018, Council considered a further report recommending changes to Procedure 4.06.6 - Companion Animals Control Areas and resolved:

1. That Council receive and note the report.

2. That Council endorse the revised Companion Animal Procedure 4.04.6 (Companion Animals Control Areas) to be placed on a 28 day public exhibition period, which is widely promoted.

3. That a report be presented to Council at the earliest opportunity outlining any submissions received, or if no submissions are received, the Companion Animal Procedure 4.04.6 (Companion Animals Control Areas) will be taken as adopted and the changes implemented.

4. That Council identify further potential accessible off leash areas in conjunction with the Access and Inclusion Advisory Committee.

Following Council’s 31 October 2018 resolution, the draft Procedure was publicly exhibited from 5 November 2018 till 4 December 2018, late submissions were accepted.

In relation to Part 2 of Council’s 19 September 2018 resolution, the Mayor wrote to the Hon. Gabrielle Upton MP, Minister for Local Government, on 4 October 2018, raising concerns about the impact of the Act on residents’ ability to actively enjoy life with their dogs. The response to this letter, from the Hon Scot MacDonald MLC, Parliamentary Secretary for Planning, is provided in Attachment 4. This response does not have a direct bearing on the matters covered by the Procedure.

Options

As outlined in the Legal/Policy section of this report, Council, as the local authority, has an opportunity to set dog prohibited areas as described under the Act, others are controlled by the legislation and not open to amendment. Officers have attempted to strike a balance between enhancing residents’ enjoyment of life with their dogs and protection of community and environmental health.

The options available to Council are to:

1. Adopt the revised Procedure. This is the recommended option as it incorporates amendments to off leash and restricted areas to optimise community and environmental wellbeing, in response to community feedback during public exhibition.

2. Retain the current Procedure. This version does not include recent work to optimise community and environmental wellbeing, and feedback from the Bega Valley community following public exhibition.

3. Make amendments to either the current or proposed Procedures. Council would need to advise its specific changes.

4. Rescind the current Procedure. This option would mean that the standard legislative restrictions apply, which are not tailored to local conditions.

Community Engagement

Consultation undertaken in 2018

In total, 44 submissions were received, 27 were written submissions and 17 were received via the “Have Your Say” social media platform; of these, six were duplicated. A variety of locations and themes have emerged which are summarised as:

· Not enough consultation.

Officer comment: This is the second round of consultation since 2016. This round was deliberately conducted over the summer holiday period to ensure tourists had the opportunity to comment, late submissions were accepted.

· Would like time-share on some popular areas, comment that this works in Eurobodalla Shire.

Officer comment: The legislation does not sanction this approach. On enquiry with Eurobodalla Ranger Services, they advised this approach is problematic from an enforcement perspective and has led to confrontations with staff and dog attacks. This is similar in our experience and one of the drivers to change this Procedure.

· Not enough enforcement, dog owners disobey signage and existing signs need updating.

Officer comment: Ranger Services recruitment process now completed and it is expected the new Rangers will commence shortly. Replacement signage has been postponed pending adoption of this Procedure and standardised Council beach signage.

· Differences between the maps provided in the previous report and their descriptors.

Officer comment: Errors on maps corrected and note applied to descriptors that the descriptions take precedence over the maps. This occurred largely as a result of the small scale of the maps. The location maps on the signs at the leash free and dog prohibited areas may differ slightly to the maps in the Procedure, if required to more accurately reflect the descriptors in the Procedure, when reproduced at larger scale.

· Would like more and safer off leash swimming opportunities in several locations.

Officer comment: Officers recommend the off leash at Old Bega Racetrack be extended north to the Bega River (LFA10 in Attachment 1) and inclusion of an additional off leash area at Cuttagee Beach (LFA13 in Attachment 1). Council does not control beach areas below the high water mark. Dog owners should use their judgement in allowing dogs into the ocean, depending on prevailing conditions.

· Would like an additional leash free beach area between Bermagui and Tathra.

Officer comment: As discussed above, officers recommend an additional leash free area south of Cuttagee Inlet to the southern end of Cuttagee Beach be created (LFA 13).

· Changing the whole of Kianinny to a dog prohibited area is problematic for people wishing to take their dog on a boat or on leash swimming, away from the boat ramp and fish cleaning area.

Officer comment: Officers recommend adjusting this proposed dog prohibited area (PRR4 in Attachment 1) into two separate areas: 1) the area south of the carpark, east of the Fishing Club to the high water mark the picnic area; and 2) the area east of the boat ramp and west of the old slipway to the high water mark, this includes the fish cleaning area.

· Would like a leash free area at North Tura Beach in the location commonly known as Dolphin Cove at the southern end of the beach.

Officer comment: Council officers are aware of the current practice of treating this as a leash free area, including northward past the National Parks and Wildlife Service sign advising that dogs are prohibited. This area is very popular in summer with numbers of dog conflicts recorded. For these reasons it is considered inappropriate as an off leash area.

· Bears Beach, Bermagui off leash area inaccessible at high tide and rough weather.

Officer comment: The additional proposed off leash area at Cuttagee Beach will provide an alternative off leash location nearby.

· Would like additional shorebird protection area on the southern side of Wallaga Lake entrance adjacent to Wallaga Lake Heights and sand flats.

Officer comment: The current practice of using this as a leash free area conflicts with shore bird conservation. Officers recommend extending the existing dog prohibited area to include the area used by threatened shorebirds (WPA 3 in Attachment 1).

Consultation undertaken prior to 2018

The Council report that summarised the submissions received from the exhibition of the 2015 draft Procedure is provided in Attachment 5.

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.

In summary the results of the consultation process were as follows:

· Nineteen (19) new locations were identified for consideration;

· Twelve (12) existing locations were supported;

· Changes to four (4) existing dog-prohibited seasonal areas were supported;

· The general condition was modified to exclude timed restrictions (1 September – 30 April) (except at patrolled beaches) to prevent confusion and improve enforcement;

· The NPWS submission sought to improve clarity for dog owners using public areas near Parks and Reserves under their jurisdiction; and

· Four (4) new leash-free locations were proposed.

The use of beach areas at Cuttagee and Barragoot 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.

Consultation Planned

Once adopted, the new Procedure and the requirements of the Procedure will be publicised and additional signage installed.

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

It is important to note the provisions in Section 14 of the Companion Animal Act 1998, which restrict dogs to certain areas, apply unless Council puts in place additional dog prohibited areas. Section 14 of the Companion Animal Act 1998 states (red sections and grey highlighted text indicate where it is up to Council to determine if dogs are prohibited or not):

Dogs Prohibited

Section 14 of the Act states that dogs are prohibited in the following places (whether or not they are leashed or otherwise controlled):

(a) Children’s play areas (meaning any public place, or part of a public place, that is within 10 metres of any playing apparatus provided in that public place or part for the use of children).

b) Food preparation/consumption areas (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans).

(c) Recreation areas where dogs are prohibited (meaning any public place, or part of a public place, provided or set apart by a local authority for public recreation or the playing of organised games and in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place or part).

(d) Public bathing areas where dogs are prohibited (meaning any public place or any part of a public place that is used for or in conjunction with public bathing or public recreation (including a beach), in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).

(e) School grounds (meaning any property occupied or used for a purpose connected with the conduct of a government school or non-government school under the Education Act 1990. other than any property used for a residence or the curtilage of a residence).

(f) Child care centres (meaning any property occupied or used for a purpose connected with the conduct of a child care service as defined in the Children (Care and Protection) Act 1987, other than any property used for a residence or the curtilage of a residence).

(g) Shopping areas where dogs are prohibited (meaning a shopping arcade or shopping complex, including any part of it that is used by the public for parking or access to shops, in which or part of which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited there). This paragraph does not apply to any shop or part of a shop.

(h) Wildlife protection areas (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).

In addition, Section 13 of the Act states: “Responsibilities while dog in public place: (1) A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person.” This means that in all public places, unless a dog is prohibited by the Act or a Council Order then a dog must be under effective control as described.

In addition to requirements under the Companion Animal Act 1998, Council has a duty to ensure any proposed changes do not introduce conflict with NPWS policy created under 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 Threatened Shorebird Recovery areas.

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

The proposed Procedure seeks to manage the impacts of domestic dogs on the natural environment, particularly threatened shorebird habitat, without adversely affecting dog owners’ capacity to responsibly enjoy the environment with their dogs.

There will be no significant implications for asset protection other than for increased surveillance, waste bins and signage, that have been factored into management of the proposed and existing leash free and prohibited areas.

Risk

The Companion Animal Act 1998 provides minimum legislative requirements in relation to companion animal controls. This Procedure provides clarity for local residents in relation to where they can and can’t take their dogs, so as to minimise the risk of conflict between dogs and either members of the community or threatened native species.

Social / Cultural

The proposed Procedure seeks to improve the social and cultural opportunities for dog owners to utilise public land in a responsible manner. This is reflected in the introduction of more leash free areas, while improving management and enforcement of dog prohibited areas, particularly through removal of seasonal and timed restrictions at locations other than patrolled beaches. 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 ⇩. Proposed Procedure 4.06.6 - Companion Animals Control Procedure - Version 3

2 ⇩. Current Procedure 4.04.6 - Companion Animals Control Areas - Version 2

3 ⇩. Current Companion Animal Policy

4 ⇩. Response from Minister Uption

5 ⇩. Council Report 2018.09.19

Council 8 May 2019

Item 9.2

9.2. Proposal to Re-establish Alcohol Free Zone Eden Central Business District

Precis

This report seeks a Resolution from Council to publicly exhibit a proposed alcohol-free zone for Eden.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council publicly exhibit the proposed Eden alcohol-free zone for not less than 30 days.

2. That staff prepare a further report to Council following public exhibition.

Background

On 1 July 2008 Council resolved to establish an alcohol-free zone (AFZ) within the Eden Central Business District (CBD) area for a period of four (4) years. That application was made by Eden Police and expired on 1 July 2011. NSW Police have made application to re-establish an AFZ for a further four (4) year period.

Issues

NSW Police advise the Eden CBD and surrounds continue to be areas subject to alcohol-related crimes, such as malicious damage and assault. The proposed AFZ would provide additional powers to assist NSW Police in reducing alcohol-related antisocial behaviours and bolster public safety and awareness. In previous years, when the AFZ was in place, there was a positive impact on policing operations, which led to a steady decline in alcohol-related crime.

Community Engagement

In accordance with the provisions of the Ministerial Guidelines, Council is required to undertake public consultation for a period of 30 days by placing a notice in a newspaper circulating in the area advising the proposed AFZ is to apply and inviting feedback.

Financial and resource considerations

Signage designating the extent of the Eden AFZ is currently in place. Costs to update the signage to include the new expiry date would incur minimal cost to Council (approximately $500). Licensed premises using public land within the area will not be affected.

Funding source		Amount
From existing budget allocations	$	500

Legal /Policy

If resolved by Council, following public exhibition, the Eden AFZ would be made in accordance with s.644B of the Local Government Act 1993 and the Ministerial Guidelines on AFZ.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with Council’s Delivery Program 2017-2021 - Outcome 4: Liveable Places. Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Risk

The proposal empowers NSW Police to take action if alcohol is consumed within designated areas at Eden. It mitigates risks to the public of disorderly conduct and injury from broken glass.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. The proposed Eden AFZ has the potential to improve safety in designated areas.

Attachments

1 ⇩. Eden AFZ proposal map - May 2019

Council 8 May 2019

Item 9.3

9.3. DA No. 2019.11: LEP clause 4.6 variation

Director Community Environment and Planning

Applicant	Lauricella Design & Drafting
Owner	Peter & Kathleen Unsworth
Site	Lot 7 Sec 2 DP 758860 – 17 Cobargo Street, Quaama
Zone	RU5
Site area	1012m²
Proposed development	Erection of a Dwelling

Precis

Development Application (DA) 2019.11 is being reported to Council as it seeks a variation to a development standard under Clause 4.6 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

The variation requested is a reduction below the 2,000m² minimum lot size required for the erection of a dwelling in an unsewered residential area.

Officer’s Recommendation

1. That Council assume the concurrence of the Secretary of the Department of Planning and Industry in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 approve a variation to Clause 4.1A to allow the erection of a dwelling on Lot 7 Sec 2 DP 758860.

2. That Council approve the Development Application subject to the draft Conditions of Consent provided in Attachment 1.

Background

Under the provisions BVLEP 2013 a dwelling is permissible in the RU5 village zone, subject to meeting minimum lot size requirements. The requirements for the erection of a dwelling on an unsewered residential allotment changed to a minimum site area equal to or greater than 2,000m². This lot created was an original Crown portion, on the Quaama Village parish map.

DA2019.11 seeks a variation to the 2,000m²development standard to allow the erection of a dwelling on the land.

Description of the proposal

The DA seeks approval for the erection of a single storey dwelling within a RU5 Village zone. The subject allotment is 49% below the minimum lot size specified in Clause 4.1A.

The DA includes a detailed Statement of Environmental Effects and justification for the variation to the development standard, including the suitability of the site for a dwelling and capacity for on-site effluent disposal.

Description of the site

The site is described as Lot 7 Section 2 Deposited Plan 758860 and has an area of 1025m². It is located on the northern side of Quaama Village, approximately 100m south of the St Saviours Church (see Attachment 2).

The site is rectangular in shape and is free of vegetation. The site sits between two similar sized allotments, with one lot containing a single storey dwelling and the other an outbuilding.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. Council officers highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer's Section 4.15 Assessment is provided in Attachment 3.

Zoning

The land is zoned RU5 Village under BVLEP 2013 with a dwelling permitted with Development Consent.

The objectives of the zone are;

· To provide for a range of land uses, services and facilities that are associated with a rural village

· To ensure that development maintains and protects the village character

The erection of a dwelling on the lot would be consistent with the residential land uses on adjoining lands and the village character of Quaama.

BVLEP 2013 Clause 4.1A ‘Minimum site areas for dwelling houses, dual occupancies, multi dwelling houses and residential flat buildings in certain zones’

The clause applies to the RU5 Village zone and requires a minimum site area of 2000m²for the erection of a dwelling on unsewered land.

Lot 7 is zoned RU5 Village and the clause applies.

BVLEP 2013 Clause 4.6 ‘Exemptions to development standards’

Clause 4.6 provides for relevant development standards, such as minimum lot size requirements in Clause 4.1A, to be varied. When considering the use of Clause 4.6 to vary a development standard the following applies:

“(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Development Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard

(4) Development Consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Secretary has been obtained.”

In accordance with the NSW Planning and Environment Planning Circular PS 18-003, Council has assumed concurrence of the Secretary and can determine this variation to the minimum lot size requirement. As the variation sought is greater than 10%, Council officers do not have delegation to determine the DA and the matter must be reported to Council.

A written request seeking to vary the development standard was submitted with the DA and in support of the variation the following information was provided:

• The land is located within the Village of Quaama:

• The lot was created for the purpose of a dwelling house. Section 7.12 Contributions and 64 Headworks Charges are applicable on the lot:

• The land is serviced with reticulated water and electricity is available: and

• The DA is supported with an effluent disposal report that demonstrates the site is capable of accommodating a four bedroom dwelling with up to eight residents, with a total output of 800L of wastewater per day.

Officer Comments

After reviewing the request for variation, it is considered the applicant has provided sufficient information to demonstrate, in this instance, that compliance with the development standard would be unreasonable or unnecessary.

The allotment is an original Crown portion and a dwelling is permissible with Consent.

The proposal is consistent with the objective of Clause 4.1A, which is to achieve planned residential density in the RU5 Village zone.

The applicant has adequately addressed the matters of Clause 4.6 (3) and has demonstrated the proposal is in the public interest, as it is consistent with the objectives of the RU5 Village Zone, consistent with the purpose for what the allotment was originally created and would be in keeping with the existing village character of Quaama.

Further, the effluent disposal report has been reviewed by Council officers and the land is capable of receiving effluent generated by the proposed development.

Attachments

1 ⇩. Draft Consent

2 ⇩. Site Plan

3 ⇩. Section 4.15 Assessment

Council 8 May 2019

Item 12.1

12.1. Lease to Pambula Merimbula Golf Club

Council approval is sought to offer Pambula Merimbula Golf Club Limited a further tenure of five (5) years for their continued occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3. That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

Executive Summary

The current Lease Agreement for Pambula Merimbula Golf Club Limited to occupy Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula expired on 18 November 2018. Now that Council has formally resolved to retain ownership of Lot 102 DP 1201186, approval to enter into an extension of the Lease Agreement is being sought.

Background

Council resolved at its Ordinary Meeting of 13 March 2019, when considering the proposed divestment of Lot 102 DP 1201186 Arthur Kaine Drive in Merimbula, as follows:

1. That Council receive and note the report and attached Vacant Land Review Sheet providing details on individual land parcels this report relates to.

2. That Council retain ownership of Lot 102 DP 1201186 Arthur Kaine Drive in Merimbula for Council’s future requirements.

Pambula Merimbula Golf Club Limited has occupied Lot 102 DP 1201186 for the purposes of a Golf Course under the terms of an exclusive Lease Agreement which commenced on 1 March 1986. A further report was presented to the Ordinary Meeting of 16 December 1997 to extend the lease until 18 November 2018, subject to the existing lease conditions. A copy of the Ordinary Meeting Minutes of 28 January 1986 and 16 December 1997 are attached for the information of Councillors.

Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula is a Council owned asset, classified as Operational Land under the Local Government Act 1993 (NSW) (LG Act) therefore the land is not subject to the tenure controls applicable to Community Land under the LG Act.

Options

The options available to Council are:

1. Approve a further five (5) year lease to Pambula Merimbula Golf Club Limited for their continued occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the commencing rental fee of $5,580 plus GST per annum.

2. Advise Pambula Merimbula Golf Club Limited that Council does not wish to continue with a tenure arrangement for their use of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula. It should be noted Pambula Merimbula Golf Club Limited currently maintain the land. If Council resolve not to provide further tenure, a budget will need to be identified as the land parcel is within the Obstacle Limitation Surface of Merimbula Airport and must be maintained to meet airspace rules.

3. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Mr David Boag from Pambula Merimbula Gold Club Limited has indicated the Club wish to continue with their occupation of the site for a further term.

Council’s Property officers have also consulted with internal staff regarding the ongoing vegetation management required for the Airport operation and are satisfied with clauses in the current Lease Agreement regarding maintaining and preserving the Obstacle Limitation Surface of Merimbula Airport into the future.

Financial and resource considerations

An updated market rental assessment was commissioned by Council in February 2019 which indicates a starting rental figure in the order of $5,580 plus GST per annum, to be increased annually by CPI (All Groups –Sydney). In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

Liaison with external legal representatives will be required to arrange the new Lease documentation. Ongoing management of the Lease Agreement during the term will also require Council officer resources.

Legal /Policy

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula to be occupied by the current tenant for a further term as long as the use is authorised by way of a formal Lease Agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇩. Council report regarding proposed divestment of Lot 102 Arthur Kaine Drive Merimbula dated 13 March 2019

2 ⇩. Historical Council reports and minutes regarding lease to Pambula Merimbula Golf Club Limited

3 ⇩. Opteon market rental valuation report for Lot 102 Arthur Kaine Drive Merimbula

Council	8 May 2019
*Item 12.1 - Attachment 3*	Opteon market rental valuation report for Lot 102 Arthur Kaine Drive Merimbula

Council 8 May 2019

Item 12.2

12.2. Land Divestment Options - Lot 2 DP 161251 Chandos Street, Eden

This report provides Council with details of the above mentioned Council owned Operational Land, that has been considered for possible divestment.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report and attached Vacant Land Review Sheet providing details on individual land parcels this report relates to.

2. That Council retain ownership of Lot 2 DP 161251 Chandos Street in Eden for Council’s future requirements.

Executive Summary

Council officers have undertaken a review of Council’s vacant Operational Land portfolio and have determined the parcel of land Lot 2 DP 161251 (Chandos Street, Eden) should be retained for future requirements.

Background

Council resolved at its Ordinary Meeting of 20 February 2019, when considering the Land Divestment Options Report to defer the item, for individual locations to be reported in separate reports. As detailed in the attached Vacant Land Review Sheet, the above-mentioned land parcel has been identified by Council officers for Council’s future requirements and is not recommended for divestment at this time. In order to establish whether or not vacant land is deemed to be surplus land, a process of consultation across relevant Directorates within Council was conducted.

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset Review- Setting the Framework for 2018/19 and into the refocus of the Long Term Financial Plan). Following the Resolution of Council, officers undertook a review of Council’s vacant Operational Land portfolio and have determined this land parcel should be retained for Council’s future requirements.

Lot 2 DP 161251 at Chandos Street, Eden was purchased by Council in 2014 for the purpose of improving vehicular access to the existing Council owned public carpark at the rear of Hotel Australasia. Until the potential divestment of the Hotel Australasia site is finalised and future plans for the site are known, it is considered appropriate Council retain the land parcel at this time for the purpose it was purchased. The initial report on vacant land to Council indicated this parcel could be sold, however officers have reconsidered their position and recommend it would be prudent to retain ownership of this parcel at least until the long term future of the former Hotel Australasia is known.

Options

The options available to Council are:

1. Retain ownership of Lot 2 DP 161251 Chandos Street in Eden for future requirements.

2. Proceed with the divestment of Lot 2 DP 161251 Chandos Street in Eden and resolve accordingly.

3. Other options, as raised and resolved by Councillors.

Community Engagement

Council consideration of input

Council officers have undertaken the attached review on undeveloped Operational Land and as part of the review assessed each land parcel for divestment, suitability based on potential environmental, economic and community planning constraints. Consequently, several land parcels such as this one have been determined as not suitable for divestment.

Should Council resolve to progress with divestment of this parcel of land, it is recommended the same process be followed as for other land parcels Council resolved to sell.

Financial and resource considerations

Gaining the best value from Council’s vacant land portfolio includes not only financial return. Best value can vary depending on the unique attributes of each land parcel and Council officers have attempted to consider current and future service delivery requirements, the environmental, heritage and cultural value of each land parcel before recommending for possible divestment.

Legal /Policy

In accordance with Council’s Financial Strategy, Council may use existing land holdings to leverage investment or strategic outcomes. Whilst this may include divesting of vacant Operational Land to generate returns and enable investment in infrastructure etc. it also means considering the significant natural environment and development potential of each land parcel, prior to determining its suitability for divestment. This land parcel has been determined by officers as having some value to Council now or into the future and is not recommended for divestment at this time.

The initial report presented to Council did provide some confidential information in the Confidential Attachments. The confidential information referred to was considered confidential pursuant to Sections 10A (2)(c) and 10A (2)(b) of the Local Government Act 1993 (NSW) (LG Act) and has been redacted in the attached Land Divestment Options Sheet attached to this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The review of Council’s vacant land portfolio contributes to improving and streamlining Council’s asset management approach.

Environmental / Sustainability

As part of the review, each land parcel has been assessed for divestment suitability based on potential environmental, economic and community planning constraints. Consequently, several land parcels have been determined as not suitable for divestment, due to significant natural environment and heritage constraints and Council’s future requirement needs.

Risk

Risks associated with divesting this land parcel has been identified by Council officers, as it is believed it may be of long term strategic benefit to hold this land in public hands for a range of reasons.

Attachments

1 ⇩. Land Divestments Options Lot 2 DP 161251 Chandos Street Eden

Council 8 May 2019

Item 12.3

12.3. Former Hotel Australasia

This report provides details of negotiations for the proposed sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) and outlines, as requested by Councillors, what funding options may be available for the site.

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report and Confidential Memorandum.

2. That Council consider the offer detailed in the attached Confidential Memorandum and resolve accordingly.

Executive Summary

This report discusses the sale negotiations undertaken for 142 – 144 Imlay Street, Eden (former Hotel Australasia) and provides detail on funding options that may be available for the site, should Council resolve to retain ownership into the future.

Background

Council resolved at its Confidential Closed Session Meeting of 30 January 2019, when considering its position on the sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) to continue with the sale negotiations through a locally based Eden Real Estate Agent, as outlined in the attached Confidential Report. As a result, the General Manager, Mayor and Council representatives met with the Real Estate Agent and proposed purchaser to discuss their proposal for the site and negotiate the offer presented. The attached Confidential Memorandum provides the detail of all negotiations for the information of Councillors.

The Resolution from the Ordinary Meeting of 30 January 2019 is as follows:

1. That Council receive and note the report.

2. That Council consider the offer detailed in the attached Confidential Report and resolve accordingly.

3. That Council delegate authority to the General Manager and Mayor to continue to negotiate a sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) for a minimum value as determined by Council in closed session at item 21.2 of today’s Council’s meeting under section 10(A) 2(c) of the Local Government Act 1993 as the matter and information is:

(c) information that would, if disclosed, confer a commercial advantage as a person with whom the Council proposes to conduct business

4. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager.

5. That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro.

In addition to the above initial public Resolution as noted at item 3, Councillors also resolved in closed session a minimum value to guide the Mayor and General Manager’s negotiations with the laneway subdivided to be set.

Council officers have also explored potential funding options for the former Hotel Australasia building as a community space. Potential funding opportunities could come from a variety of sources including Federal and State Government, philanthropic organisations (where in most cases Council would not be able to be the applicant), and a collaboration with community and business. Suitable funding programs from the NSW Government would potentially include:

· the Regional Communities Development Fund;

· the Stronger Country Communities Fund;

· the Regional Cultural Fund; and

· State Heritage Funding community heritage stream.

In regards to the first three items there has been no indication to date following the NSW State election as to the future of these funding programs. It is however expected that they will continue in their current form or with some amendments.

Suitable Federal Government programs could be:

· Building Better Regions Fund;

· the Community Development Grants Program; and

· the Regional Growth Program.

However, due to the impending Federal Government election these programs may also change. Federal heritage funding requires listing on the National Heritage Register and this property would not meet this criteria.

To secure funding from any source, the project would require a detailed project plan including concept designs, costings and have undertaken a community and stakeholder consultation process, all of which will require significant Council officers’ time, resources and a budget to be sourced. To secure funding from a Federal or State Government grants program, the project would require a strong, costed business case and would require a commitment from Council for co-contribution.

To restore original parts of the building including the façade in accordance with the Heritage Listing and Development Consent 2016.412, it has been estimated that a budget of approximately $1.5 million would be required. If Council were to consider retaining ownership in the hope of securing grant funding, a budget source will need to be considered for project planning and co-contribution.

It should also be noted Council has regularly submitted other priority projects to each of the grant programs described above and an application for the former Hotel Australasia would need to be considered in line with other priorities for funding of Council projects.

Options

The options available to Council are:

1. Continue to proceed with the sale of the property and accept the recommendation provided by Council officers in the attached Confidential Memorandum and resolve accordingly.

2. Decline to accept the offer received and advise the Real Estate Agent and offeree of Council’s decision and await further offers.

3. Retain ownership of 142 – 144 Imlay Street, Eden (former Hotel Australasia). Note: retaining ownership of the property will require the identification of funds to undertake necessary works on the building, ongoing maintenance and operational budgets. A revised Business Plan on the use of the building and community engagement would also be required.

4. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Council resolved at its Ordinary Meeting of 31 October 2018, when considering its position on the sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) to engage the three (3) locally based Real Estate Agents in Eden to provide to Council any offers within 30 days. As a result, Council received an offer through one of the Real Estate Agents.

Ongoing consultation has been undertaken by Council officers with the Eden Real Estate Agent who received the offer for the proposed purchase of 142 – 144 Imlay Street, Eden (former Hotel Australasia) and will continue following the Resolution of Council.

Financial and resource considerations

All options will have additional financial and resource implications. To date officers have not had time to explore the implications in detail, and this will occur following direction of Council on a preferred approach to moving forwards.

A sale option will include additional officers' time and resources as well as the possible engagement of third parties and legal costs. The attached Agency Agreement details costs associated with the service of the Real Estate Agent that has received the offer as does the officer’s recommendation report. Costs involved in the proposed disposal of land will be offset against the proceeds of sale.

To maintain ownership of this site will require Business Plan preparation, Council officers' time and resources, capital expenditure and ongoing operational and maintenance budgets to be sourced. This option may result in an income stream being generated in the future depending on usage.

Legal /Policy

Under the Local Government Act 1993 (NSW) (the Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. Section 377(1)(h) of the Act requires a specific Resolution of Council to dispose of any land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

In determining its direction, Council should consider a number of risks associated with this matter including but not limited to:

· Reputational risk in relation to the length of time taken on this matter, and the community's view on how Council is handling the matter;

· Financial risk in relation to the ongoing liabilities related to: building management whilst in Council ownership; the cost of undertaking the sale process; and future costs to undertake major works, should the building stay in Council ownership.

Confidential Information

The confidential attachment to this report is considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

And part 2(d) stating:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act if Council were to close the meeting to discuss the details of individual tenderers.

In addition to the relevant Act references above, the following also applies:

· Section 14 of Government Information (Public Access) Act 2009 No 52

More specifically sub section 2 which states:

(2) The public interest considerations listed in the Table to this section are the only other considerations that may be taken into account under this Act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information.

Part 4 of the table referred to above states:

(4) Business interests of agencies and other persons

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

(a) undermine competitive neutrality in connection with any functions of an agency in respect of which it competes with any person or otherwise place an agency at a competitive advantage or disadvantage in any market,

(b) reveal commercial-in-confidence provisions of a government contract,

(c) diminish the competitive commercial value of any information to any person,

(d) prejudice any person’s legitimate business, commercial, professional or financial interests,

(e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed).

Attachments

1 . Confidential Memorandum regarding proposed sale of 142 - 144 Imlay Street Eden (Confidential)

2 . DA 2016.412 Consent and Stamped Plans with comments from offeree (Confidential)

3 . Statement of Environmental Effects for DA 2016.412 with comments from offeree (Confidential)

4 . Side Deed with comments from offeree (Confidential)

5 . Proposal from offeree for the Hotel Australasia site (Confidential)

6 . Email from Council Planning staff in relation to DA 2016.412 for Hotel Australasia (Confidential)

7 . Email correspondence regarding proposed sale of Hotel Australasia (Confidential)

Council 8 May 2019

Item 12.4

12.4. Land Divestment Options - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

This report provides Council with details of the above mentioned Council owned Operational Land that may be available for possible divestment.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report and attached Vacant Land Review Sheet including detail on individual land parcels.

2. That Council appoint a registered Valuer/valuers, by competitive quotation process, to provide Bega Valley Shire Council with a formal market valuation for Lot 121 DP 847899 Arthur Kaine Drive, Merimbula.

3. That Council appoint a suitably qualified Real Estate Agent ,by competitive quotation process, to represent Bega Valley Shire Council’s interests in divesting Lot 121 DP 847899 Arthur Kaine Drive, Merimbula by public auction, private treaty or expression of interest.

4. That Council delegate authority to the General Manager to enter into a suitable agency agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of the above mentioned land parcel.

5. That all offers be brought back to Councillors for final Resolution.

Executive Summary

A Resolution of Council is being sought to appoint a registered Valuer and suitably qualified Real Estate Agent, by competitive quotation process, to represent Council’s interests in divesting of the above-mentioned land parcel which has been determined by officers to be surplus to Council’s requirements.

Background

Council resolved at its Ordinary Meeting of 20 February 2019, when considering the Land Divestment Options Report, to defer the item for individual locations to be reported in separate reports. As detailed in the attached Vacant Land Review Sheet, the above-mentioned land parcel is identified for divestment and capable of being sold on the open market.

To ensure Council maintains transparency and receives best value for its land, it is recommended a suitably qualified Real Estate Agent be appointed through an open quotation process as per Council’s Purchasing Procedure 6.08.1. In accordance with section 55(3)(d) of the Local Government Act 1993 (NSW) (LG Act) Council is exempt from conducting a formal tender process for the sale of vacant land.

It is proposed that the sales strategy for the land parcel be by a competitive process involving public auction, private treaty or expression of interest as recommended by Council’s appointed Real Estate Agent. Council can however approve a non-competitive process of disposal such as direct negotiations, subject to clearly documented reasons. This however is useful mainly in circumstances where land is not able to be sold in isolation on the open market (such as undersized lots, boundary adjustments etc.) and the only potential purchasers are adjoining owners. This is not the case in relation to this site.

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, at least one formal market valuation undertaken by a valuer, registered to value such property, is required to be commissioned prior to all property disposals. Two valuations may be required when the value of the property is likely to exceed $1M and/or the process of disposal is not competitive. Any offers received will be reported back to Council to authorise its Official Seal to be affixed to contract documents under the signature of the Mayor and General Manager.

Options

The options available to Council are:

1. Proceed with the divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula and resolve accordingly.

2. Retain ownership of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula for potential future requirements.

3. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation Planned

In consultation with Council officers, the successful Real Estate Agent will be required to develop a customised marketing and communication strategy to maximise the economic value of each land parcel and ensure marketing reaches all potential buyers.

It should be noted, if the recommendation in this report is adopted, it would mean the public would be aware of Council’s intention to sell with the opportunity to make representations to Council prior to final divestment.

Council consideration of input

It is noted there is considerable history relating to this land parcel dating back to the 1990s which has been detailed in the attached Memorandum for the information of Councillors. Council officers have also met with an informed member of the community relating to information that does not appear to be officially recorded, and it is not considered there is any further historical information to influence the current Council officers’ recommendation.

Financial and resource considerations

Divestment of the above mentioned surplus land parcel would require officer’s time and resources as well as the possible engagement of third parties and legal costs. Following completion of the proposed competitive quotation process, Council would be required to enter into a suitable agency agreement with the successful Real Estate Agent that details costs associated with the service of the Real Estate Agent. All costs involved in the proposed divestment of surplus land parcels will be offset against the proceeds of any sale.

Council staff are fully committed and do not have the capacity or specific skills to undertake appropriate valuation and marketing of the site. To ensure that the best outcome, in terms of return for the ratepayers, is achieved if Council resolves to divest, the approach of engaging an appropriately qualified and experienced real estate agent is also recommended.

Legal /Policy

Under the LG Act, there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. In accordance with Section 377(1)(h) of the LG Act, any decision to dispose of land must be made by Resolution of Council as the power to sell, exchange or surrender land cannot be delegated. Section 45 of the LG Act prevents Council from selling, exchanging or otherwise disposing of Community Land. Section 55 of the LG Act requires tenders to be called in certain circumstances. However, it is not necessary to call tenders for the sale of land.

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, all decisions and actions in relation to the disposal of land must have due regard to the following fundamental principles:

· Best value for money – achieving “best value” may include financial, social and environmental benefits;

· Transparency – processes must be open to scrutiny and provide full information and record the reasons behind the decisions;

· Accountability – demonstrate the best use of public resources and the highest level of performance through appropriate record keeping and audit trails;

· Impartiality – address perceived or actual conflicts of interests.

The initial reports presented to Council did provide some confidential information in Confidential Attachments. The confidential information referred to was considered confidential in line with Sections 10A (2)(c) and 10A (2)(b) of the LG Act.

The attachments to this report are not considered to include any confidential information.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The review of Council’s vacant land portfolio contributes to improving and streamlining Council’s asset management approach.

Environmental / Sustainability

As part of the review, each land parcel has been assessed for divestment suitability based on potential environmental, economic and community planning constraints. Consequently, a number of land parcels have not been determined suitable for divestment, due to significant natural environment and heritage constraints and Council’s future requirement needs.

Due to the proximity of the Airport any development on Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula will need to ensure compliance with clause 6.8 Airspace Operations of the Bega Valley Local Environmental Plan 2013 (NSW).

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to place the proceeds into the Asset Reserve and subsequently use the proceeds from the sale of Operational Land to leverage investment or strategic outcomes.

Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, to supplement its revenue sources for expenditure on Council assets. It should be noted that such proceeds should not be used to offset recurrent operational expenditure in any given year.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Attachments

1 ⇩. Vacant Land Review Sheet for Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

2 ⇩. History on Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council 8 May 2019

Item 12.5

12.5. Proposed New Road Name: Hobbs Lane, Wolumla

The purpose of this report is to detail the outcome of the public exhibition process recently undertaken regarding the proposal to name a new right of carriageway located off Mine Lane in Wolumla.

Director Assets and Operations

Officer’s Recommendation

1. That Council approve the proposal to name the new right of carriageway off Mine Lane as Hobbs Lane.

2. That the Geographical Names Board of NSW be requested to formally Gazette the name Hobbs Lane.

3. That Council advise all affected property owners and those who made a submission regarding the naming proposal.

Executive Summary

Council received an application to formally name a new right of carriageway associated with an approved subdivision under Development Application (DA 2004.1006). As the name suggested was selected from Council’s list of pre-approved road names, processed in accordance with Council’s Road Naming Procedure 4.04.1 and advertised on Council’s website. Two submissions were received on the proposal therefore prompting a further report to Council for determination.

Background

DA 2004.1006 has been approved for a subdivision off Mine Lane, Wolumla and Council received a request from the developer to formally name the new right of carriageway associated with the subdivision.

The new right of carriageway will serve as an access to the subdivided land parcels off Mine Lane. The name Hobbs was selected by the developer from Council’s list of pre-approved road names and under Council’s Delegation Register, the Director Assets and Operations approved the proposed road name. The name was then placed on public exhibition for a period of 14 days as per Council’s Road Naming Procedure 4.04.1 at the conclusion of the public exhibition period, two submissions were received. One of these submissions identified Hobbs as being linked to the Bemboka area which was confirmed by Property officers. Out of courtesy, Council’s Property officers wrote to the developer to inform of the link to the Bemboka area and confirmed they wished to proceed with the process. The developer advised their intention to continue with the name Hobbs however, a later telephone conversation contradicted this advice. The developer has since communicated they do not want to hold up the subdivision process and would be willing to select an alternate name if it avoided further delays. As Council had already received submissions, the matter was required to be reported to Council to seek further direction.

The submissions received were as follows:

Submission 1

Suggested the name belongs to Bemboka and is renowned as being connected to Bemboka area for many years. Two alternate names were provided in the submission however Property officers were not able to contact the writer to seek further information despite multiple attempts.

Submission 2

A resident of Wolumla for the past 36 years requested consideration of a name more appropriate to the region. Suggested consideration of an indigenous name as the lane is near the Yurammie State Forest and the area had a connection with the Djiringanj People.

Options

The options available to Council are:

1. Proceed with the road naming of Hobbs Lane as proposed by the developer;

2. Proceed with the alternate name of Eucalyptus Lane which was selected from Council’s pre-approved list of road names.

In accordance with the Geographical Names Board of NSW (GNB) Policy for Place Naming, the use of indigenous names as suggested in one of the submissions, requires consultation with the Local Aboriginal Land Council. The Policy states that prior to submitting an Aboriginal name for consideration by the GNB, the proponent shall consult the Local Aboriginal Land Council and Aboriginal communities on all matters concerning Aboriginal place names occurring in their area of current occupation and traditional association, in line with self-determination policies. This includes any proposals to assign new names. The GNB will not accept a name nominated by a Local Government Council unless the nomination has been endorsed by the Local Aboriginal Land Council.

The developer advised Council he does not have concerns about the final name given to the new road however, he does not wish to delay the naming process further, so has requested Property officers to select an alternate name off Council’s pre-approved list of road names, which is where the suggestion for the use of Eucalyptus Lane came from.

Community Engagement

Consultation undertaken

Letters were provided to adjoining and adjacent landowners regarding the road naming proposal and the proposal was advertised on Council’s website for a period of 14 days as per Council’s Road Naming Procedure 4.04.1.

Financial and resource considerations

Property officers have already spent considerable time preparing the original proposal for advertisement including liaising with the developer and both adjoining and adjacent landowners.

Readvertising the road naming proposal with an alternate name will require additional officer resources and will delay the naming process for the developer, hence Property officers are suggesting continuing with the naming of this carriageway as Hobbs Lane.

Legal /Policy

Naming of Public Roads is authorised under Section 162 of the Roads Act 1993 (NSW) and Council’s Road Naming Procedure 4.04.1.

Attachments

1 ⇩. Submission 1 Proposed Road Naming Hobbs Lane Wolumla

2 ⇩. Submission 2 Proposed Road Naming Hobbs Lane Wolumla

Council 8 May 2019

Item 12.6

12.6. RFT 22/19 Supply and Installation of Soft Floor Matting to Bega Valley Saleyard

This report details the outcome of evaluation of Tender RFT 22/19 for the Supply and Installation of Soft Floor Matting to Bega Valley Saleyard and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 22/19, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items.

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

Executive Summary

Council owns and operates the Bega Valley Saleyard and is in the process of upgrading the facility to improve animal welfare to assist in meeting the Australian Model Code of Practice for Livestock Saleyards. Although the existing concrete floor is in good condition, it is not best practice in a modern saleyard and Council is seeking to install rubber matting to improve animal welfare.

Background

Council invited tenders from suitably qualified contractors to supply, deliver and install soft floor matting to the Bega Valley Saleyard. Tenders were advertised online on Tenderlink and in The Sydney Morning Herald and local newspapers from 12 March 2019. At the close of the tender period at 12.00pm on 3 April 2019, one submission had been received from RPS Industries Pty Ltd.

Applicants were asked to provide:

· Lump sum price breakdown

· Rates for variations

· Schedule of key contract staff

· Schedule of consultants, subcontractors and major suppliers

· Recognition of local outcomes

· Tender program

· Schedule of technical information

· Schedule of work health and safety

· Schedule of quality assurance

· Schedule of environmental management

· Schedule of similar services and tenderer’s references

· Schedule of tenderer’s current workload

· Schedule of additional information

The submissions were assessed against the following evaluation criteria:

Evaluation Criteria
Criteria	Weighting
Services Value (Price Criteria): Overall services cost Lump sum price breakdown Schedule of rates for variations	70%
Service experience: Experience providing similar services References Work Health and Safety, quality and environmental management qualifications and experience Demonstrated capacity to undertake services of this scale	15%
Services delivery and functionality: Proposed services arrangements including site establishment, etc. Tender Program	10%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Total	100%

Financial and resource considerations

This project was identified in the Project Management Plan, Bega Valley Drought Communities Project. Funding under the Drought Communities Programme Extension (DCP Extension) was approved by Australian Government, Department of Infrastructure, Regional Development and Cities for the amount of $999,970 (excluding GST). The below figures are GST exclusive.

Funding source		Amount
Drought Communities Programme, Australian Government, Department of Infrastructure, Regional Development and Cities – Soft flooring of cattle yards for animal welfare improvements materials	$	420,000
Drought Communities Programme, Australian Government, Department of Infrastructure, Regional Development and Cities - Soft flooring of cattle yards for animal welfare construction	$	115,000
Total	$	535,000

Legal /Policy

The tender process complied with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with a number of local and regional Strategic Plans, Bega Valley Shire Council’s Community Strategic Plan 2040, Bega Valley Shire Infrastructure Prospectus Agribusiness and Industry Infrastructure.

Confidential Information

The confidential attachments to this report are considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

And part 2(d) stating:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

In addition to the relevant Act references above, the following also applies:

· Section 14 of Government Information (Public Access) Act 2009 No 52

More specifically sub section 2 which states:

Part 4 of the table referred to above states:

(4) Business interests of agencies and other persons

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

(b) reveal commercial-in-confidence provisions of a government contract,

(c) diminish the competitive commercial value of any information to any person,

(d) prejudice any person’s legitimate business, commercial, professional or financial interests,

(e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed).

Attachments

1. Confidential attachment report RFT 22/19 supply and installation of soft floor matting to Bega Valley saleyard (Confidential)

2. Confidential attachment report RFT 22/19 supply and installation of soft floor matting to Bega Valley saleyard tender evaluation scoresheet (Confidential)

Council 8 May 2019

Item 12.8

12.8. Draft BVSC Swimming Pools Strategy

This report outlines the process of development of a Draft Bega Valley Shire Council (BVSC) Swimming Pools Strategy Discussion Paper and presents the draft document to be considered and endorsed by Council to be placed on public exhibition.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That the Draft Bega Valley Shire Council Swimming Pools Strategy Discussion Paper be placed on public exhibition for a period of no less than 28 days.

3. That a Community Consultation Program be undertaken as outlined in the report.

Executive Summary

At the Council meeting on 22 November 2017, Council adopted the following goal:

‘To have a fit for purpose six pool aquatic strategy that maximises opportunities for the community and visitors to participate and enjoy facilities that meet legislative and compliance requirements and have pools that are operating at modern standards.’

There are three (3) elements to this goal. They are:

· Having six swimming pools

· Compliance

· Meeting modern facility standards.

The future provision of public swimming pools in the Shire will come with challenges relating to compliance, meeting community expectations/needs, and funding. Since the goal was adopted, there has been two workshops with Councillors discussing some of the issues and challenges in meeting the six-pool goal.

Also, since the six-pool goal was adopted, Council has considered reports relating to possible establishment of a Special Rate Variation (SRV) as a means of overcoming the funding challenge presented in continuing to operate six pools at modern day standards.

Background

The background and thorough overview of the current situation regarding provision and management of public swimming pools in the Shire was included in the 22 November 2017 Council report.

The purpose of this report is to present the Draft Bega Valley Shire Council (BVSC) Swimming Pools Strategy Discussion Paper to Council for endorsement prior to it being placed on public exhibition.

Options

Options considered for the provision of public swimming pools were presented in the 22 November 2017 report to Council. Those options were presented in five models being:

· Historic Asset Model

· Redundancy Model

· Budget Based Model

· Expectations Current Assets Model

· Expectations Catchment Base Model

The pros and cons of each model were discussed and assessed in that Council report. The Council resolved, as previously outlined, to have a goal to develop a six-pool strategy most closely aligned with the Historic Asset Model.

The two subsequent Councillor workshops have included consideration of options to meet the six-pool goal. The Draft Swimming Pools Strategy Discussion Paper presents the option most closely representing current service provision, while also meeting the goal in terms of compliance and meeting modern facility standards.

Community Engagement

Consultation undertaken

Development of a swimming pools strategy has been ongoing for several years. Part of the planning was the completion of an Aquatic Facilities Review by specialist leisure facilities consultants, Otium Planning. An important part of that work was community engagement and consultation to seek resident and stakeholder views about aquatic facility needs in Bega Valley Shire.

This included:

· Community awareness raising via press releases

· Interviews with seasonal pool contract managers

· Briefing with Councillors

· Meetings with pool user groups and other stakeholders

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

· At-pool survey of all pools

· Survey of schools.

Consultation Planned

If the draft Strategy is endorsed by Council for public exhibition there will be further consultation including:

· Community awareness raising via media articles and social media

· Notification to key pool user groups and stakeholders

· At-pool information and discussion sessions

· Opportunity to provide feedback by feedback survey (online or hard copy)

· Opportunity to provide written feedback (email or letter).

It is proposed that once a strategy documented is adopted it will be utilised as a key resource in community consultation on a proposed swimming pools SRV.

Financial and resource considerations

There will be significant costs involved in renewing six public swimming pools to modern standards and keeping them operating. While this will happen progressively as facilities become due for renewal, current levels of funding will not be able to meet these costs. A summary of current key cost areas is shown below:

· Operating Costs Current: $1,164M per annum (pa)

· Minor Asset Renewal Costs: $218K pa (buildings and pool upgrades excluded)

· Facility Upgrade Costs (Modern Current Standards) $504K pa.

Based on the information above, the total funding allocation needed on an annual basis to meet the six, modern, pool goal in the longer term is $1,866M per year. A breakdown of costs and more detailed discussion is included in the Draft Swimming Pools Strategy Discussion Paper attached.

At the time of drafting this report, capital cost estimates for the upgrade of Bega Pool were being finalised. They will be included in the discussion paper document as a costing example for a modern facility once complete.

Legal /Policy

There are specific legislation regulations that come into effect when operating public pools. The increase in compliance requirements is an example of how operations of public pools have changed over time since most of the existing pools were built. These regulations relate to:

· supervision levels and employee training;

· chemical use and storage; and

· water quality monitoring and testing.

These regulations are in place to manage risk by legal means. The Table below lists relevant legislation, codes and standards related to developing/managing public swimming pools.

Table 1.1: Public Swimming Pools – Legislation and Regulations

Legislation / Standard	Requirement
Local Government Act 1993	Sets out role, purpose, responsibilities and powers of local government including the preparation of a long-term financial plan supported by asset management plans for sustainable service delivery.
Work Health & Safety Act 2011	Sets out requirements for safe work practices.
Public Health Act 2010	Requirements for the control of public health risks associated with public swimming pools.
Food Act 2003	Requirements for businesses that sell food – relevant to kiosk facilities.
Building Code of Australia (BCA)	Enable the achievement of nationally consistent, minimum necessary standards of relevant safety, health, amenity and sustainability objectives efficiently.
AS/NZS 1428-Pts 1-5 (2011) Design for Access and Mobility	To ensure infrastructure provides access for all.
NSW Department of Local Government (NSW DLG) Practice Note 15 – Water Safety	Establishes minimum qualifications for employees working in Aquatic Facilities in NSW. It also provides guidance for the management of risk in aquatic environments.
Child Protection (Working with Children) Act 2012	Requirement for adults engaged in child related work to have a current working with children check clearance.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Community Strategic Plan

Developing a BVSC Swimming Pools Strategy directly relates to the following goals from the Community Strategic Plan 2040:

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

· Goal 12 - Strong, Consultative Leadership: Our Council is financially sustainable, and services and facilities meet community need.

What we plan to do: Delivery Program 2017 – 2021 Actions

· Develop Facility Management Plans for Council’s pools

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

· Develop a Swimming Pool Facilities Strategy in partnership with the community

· Review and the Leisure and Recreation Asset Management Plan for Swimming Pool Facilities

· Deliver capital works programs for Swimming Pool facilities

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

Asset Management Plans

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

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

The adopted BVSC Leisure and Recreation Asset Management Plan 2017-2021 reflects these issues and provides direction to best manage current assets with resources available; and to develop a Swimming Pools Strategy to guide service levels and forecast renewals of the high cost assets within the swimming pool asset category.

Environmental / Sustainability

Water quality and water temperature are a fundamental aspect of the provision of public swimming pools. This is also an area where there has been significant change in both regulations and expectations since the current facilities were built. Regulations have resulted in additional operational costs to meet compliance requirements. This includes: testing, reporting; training; and supervision. Water temperature expectations result in increasing heating (electricity) and operational costs, and potentially reduced patronage at local pools in favour of electrically heated swimming pools.

There have been advancements in technology which have delivered some improved efficiencies in electricity costs, however these do not fully account for the capital and operational cost of heating systems, particularly in the pools with larger water volume and or lower user numbers.

Risk

There are risks associated with providing public swimming pools. Those risks are not dissimilar to provision of leisure and recreation assets more broadly, noting the higher levels of risk consequence due to pool assets being water based, highly regulated, with high operational and capital costs. Council has identified major risks such as:

· Assets not being utilised to their full potential and capacity (not getting full value);

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

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

· Real or perceived inequity in provision of facilities;

· Endeavours to retain and renew existing provision levels beyond organisational capability (relates to capital works and ongoing operations / maintenance costs);

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

· Increased exposure to public liability claims;

· Not aligning future provision with changing community needs to meet future needs.

Each of the above risks will benefit from specific actions. However, the starting point to manage these risks is developing a sound swimming pools strategy that will direct current and future provision of facilities across the Shire to deliver fit for purpose facilities and services within the available resources.

Social / Cultural

Public swimming pools are highly valued by the community and provide a variety of health, lifestyle and community benefits. However, there are significant costs involved in the construction, operation, maintenance and renewal of these assets and facilities.

Much has changed in the past 60 years since the first local pool was built in Bega. Community needs and expectations have also changed over the past 60 years. Modern swimming pool facilities now come in a variety of shapes, sizes, designs and features to meet the needs of their surrounding communities.

A BVSC Swimming Pools Strategy aims to consider changing needs, standards, regulations and facility trends. The development of a Strategy will provide direction for the provision, planning, operation and funding of swimming pool facilities now and into the future.

Attachments

Nil

Council 8 May 2019

Item 12.9

12.9. RFT 72/18 Mattress Collection and Processing

This Request for Tender (RFT) relates to the collection and processing of waste (bedding) mattresses from Bega Valley Shire Council’s (BVSC) Waste and Recycling Depots.

Director Assets and Operations

Officer’s Recommendation

1. That Council reject the tender received in response to RFT 72/18 Mattress Collection and Processing Services on the basis it poses an unacceptable Work Health and Safety risk.

2. That Council delegate the General Manager to negotiate with the single tenderer as well as current service provider in relation to mattress collection and processing services with a view to enter into a contract for services being the subject of tender 72/18.

3. That authority be delegated to the General Manager or in the General Manager’s absence, the Director Assets and Operations to execute all necessary documentation following negotiations.

Executive Summary

Following an assessment of options, Council invited tenders for the collection, processing and subsequent recycling of (bedding) mattresses across seven Waste and Recycling Depots.

One tender was received, and although the proposed processing and recycling methodology was acceptable, the proposed storage solution, in particular how mattresses were to be placed into the storage receptacle, was deemed unacceptable as it posed a high work health and safety (WHS) risk to Council officers.

It has therefore been recommended Council decline the tender and enter into direct negotiations with the tenderer and the current contractor. The objective being to reach a resolution that sees both strategic and WHS objectives met.

Background

Council currently receives on average 2200 mattresses and bases per year across our seven Waste and Recycling Depots. Due to the sheer size of the mattresses they are difficult to handle with stockpiles becoming unruly and difficult to manage.

Council’s current contractor processes the mattresses that are disposed of at our waste facilities on site. Under this arrangement mattresses are stripped by hand with the steel being recycled and the rest of the materials being disposed of in landfill.

These materials once appropriately processed can be recycled and turned back into products or used in the production of other materials. This material is also problematic to manage in a landfill as it does not compact well therefore taking up valuable airspace.

Tenderers were asked to submit a proposal that addressed storage and or collection of mattresses as well as detailing how they would be processed to achieve maximum resource recovery.

The site of services is spread across Bega Valley Shire Council’s Waste facilities including:

· Bemboka Waste Transfer Depot;

· Bermagui Waste and Recycling Depot;

· Candelo Waste Transfer Depot;

· Cobargo Waste Transfer Depot;

· Eden Waste and Recycling Depot;

· Merimbula Waste and Recycling Depot;

· Wallagoot Waste and Recycling Depot.

Options

· Council could choose to accept the tendered offer however this may pose an unreasonable WHS risk to Council employees.

· Councillors could choose to cancel the tender however this will not solve the issue of reusable materials being unnecessarily disposed of in Council’s landfill

Impacts on Strategic/Operational/Asset Management Plan/Risk

Recycling mattresses supports the Waste Strategy ‘Recycling the Future’, in particular ‘Minimising Waste to landfill’ and ‘Increasing Recycling and Resource Recovery’. Given that Council currently process mattresses the operational impacts are nil.

Confidential Information

The confidential attachment to this report is considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

And part 2(d) stating:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

In addition to the relevant Act references above, the following also applies:

· Section 14 of Government Information (Public Access) Act 2009 No 52

More specifically sub section 2 which states:

Part 4 of the table referred to above states:

(4) Business interests of agencies and other persons

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

(b) reveal commercial-in-confidence provisions of a government contract,

(c) diminish the competitive commercial value of any information to any person,

(d) prejudice any person’s legitimate business, commercial, professional or financial interests,

(e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed).

Attachments

1. Confidential attachment report RFT 72/18 Mattress Collection and Processing Services (Confidential)

Council 8 May 2019

Item

. RFT 17/19 Eden Aerobic Tank Diffuser and Concrete Tank Repairs

This report details the outcome of the evaluation of tenders received in response to Request for Tender (RFT) 17/19 Eden Aerobic Tank Diffuser Replacement and Concrete Repairs.

Director Assets and Operations

Officers Recommendation

1. That Council accept the recommendations from the attached Confidential report.

2. That Council accept the tender from <insert> in relation to contract for works described in Tender RFT 17/19, in the amount of < insert> subject to variations, provisional sums and prime cost items.

3. That authority be delegated to the General Manager, or in the General Manager’s absence the Director Assets and Operations, to execute all necessary documentation.

4. That all tenderers be advised on Council’s decision.

Executive Summary

Tenders were called for through the Sydney Morning Herald, local media sources and Tenderlink on 20 March 2019 and closed 10 April 2019. Two (2) submissions were received from the following tenderers, in alphabetical order:

· Aquatec Maxcon Group

· FITT Resources

Background

Eden Sewer Treatment Plant (STP) treats on average 850 thousand litres of raw sewerage every day. Part of the treatment process requires periods of aeration. The aeration is primarily used to reduce the amount of ammonia present in the influent. Currently ammonia levels entering the STP are around 50mg/l and aeration is required to bring those levels to below 2mg/l as per the Environment Protection Authority (EPA) Licence approval. Fine bubble diffusers have been found as the most efficient and reliable way to disperse oxygen into the tank.

The diffusers within aeration Tank 2 are at their end of life and require replacement. The timing of the works is scheduled around the STP’s off peak period where flows are reduced due to lower tourist numbers during cold weather. This will enable the aeration Tank 1 to treat all the incoming sewerage for the period of the works while Tank 2 is offline.

Whilst Tank 2 is empty, and the treatment process interrupted it is the ideal time to undertake repairs to the concrete tank. Cracks to the concrete surface were identified in an independent report in 2018.

Financial and resource considerations

Council currently has a budget allocated for the works.

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

If the diffusers are not replaced they will continue to deteriorate, further reducing the efficiency of oxygen dispersion into Tank 2. Without appropriate oxygen dispersion, Eden STP risks non-compliance with the 100 percentile EPA Licence condition for Nitrogen (ammonia).

If the concrete structure of the tank is not repaired, the structural integrity could deteriorate further and make the tank vulnerable to failure.

Social / Cultural

Moving forward with this recommendation will create temporary work for local contractors as well as assist the STP to provide a better quality effluent to the ocean and Eden Golf Course.

Confidential Information

The confidential attachment to this report is considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

And part 2(d) stating:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

In addition to the relevant Act references above, the following also applies:

· Section 14 of Government Information (Public Access) Act 2009 No 52

More specifically sub section 2 which states:

Part 4 of the table referred to above states:

(4) Business interests of agencies and other persons

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

(b) reveal commercial-in-confidence provisions of a government contract,

(c) diminish the competitive commercial value of any information to any person,

(d) prejudice any person’s legitimate business, commercial, professional or financial interests,

(e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed).

Attachments

1. Confidential attachment report RFT 17/19 Eden Aerobic Tank Diffuser Replacement and Concrete Tank Repairs (Confidential)

Council 8 May 2019

Item 12.11

12.11. Proposed New Road Names: Spanish Oaks Drive and She Oak Close

The purpose of this report is to detail the outcome of the public exhibition process recently undertaken regarding the proposal to name two new roads located off Kerrisons Lane in Bega.

Director Assets and Operations

Officer’s Recommendation

1. That Council approve the proposal to name the two new roads off Kerrisons Lane as Spanish Oaks Drive and She Oak Close.

2. That the Geographical Names Board of NSW be requested to formally Gazette the two new road names: Spanish Oaks Drive and She Oak Close.

3. That Council advise all affected property owners and those who made a submission regarding the naming proposal.

Executive Summary

Council received an application to formally name two new roads associated with an approved subdivision under Development Application (DA 2014.293). The two names suggested were not selected from Council’s list of pre-approved road names therefore a report was presented to the Council meeting on 13 March 2019 requesting approval to proceed with the proposal. Council resolved to approve the two new road names and in accordance with Council’s Road Naming Procedure 4.04.1 they were advertised on Council’s website. Two submissions were received from the same individual therefore prompting further report to Council for determination.

Background

A DA 2014.293 has been approved for a subdivision off Kerrisons Lane in Bega and Council received a request from the developer to formally name two new roads associated with the subdivision. The two new roads proposed under this Application will serve as the main point of access to the subdivided land parcels located off Kerrisons Lane in Bega.

Two road names were proposed by the developer and as these were not selected from Council’s list of pre-approved road names, a report was presented to Council on 13 March 2019 in accordance with Road Naming Procedure 4.04.1. At the meeting, Council resolved to approve the use of the road names; Spanish Oaks Drive and She Oak Close, both of which comply with Council’s Road Naming Criteria. The names were placed on public exhibition for a period of 14 days and two submissions were received from the same individual as follows:

Submission 1

This submission refers to the use of the name She Oak and suggests ‘she oak’ refers to a species of Casuarinas named by European settlers due to being similar to the English Oak. The submission explains the timber was considered inferior and suitable only for cabinet work thus the term ‘she’ was applied to recognise this inferiority. The writer believes the name has the potential to cause offence and embarrassment.

Submission 2

This submission was from the same individual and objects to the use of both road names stating there are many superior names available which have Australian origin. The individual suggests consultation with local indigenous people would provide many possible names to reflect the understanding of the local flora, fauna and other elements of the landscape.

Options

The options available to Council are:

1. Proceed with the road naming of Spanish Oaks Drive and She Oak Close as proposed by the developer. The developer has advised Property Officers he does not want to progress another road name and is seeking Council consideration to continue with the use of Spanish Oaks Drive and She Oak Close. If Council resolves to uphold the objection received, then a further 14 day public exhibition period will be required to formalise alternative road names.

2. Request the developer to provide alternative names and commence the advertising process again.

3. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Financial and resource considerations

Council’s Property officers have already spent considerable time preparing the original Council report and the proposal for advertisement, including liaising with the developer and both adjoining and adjacent landowners.

Readvertising the road naming proposal with alternate names will require additional officer resources and will delay the naming process for the developer.

Legal /Policy

Naming of Public Roads is authorised under Section 162 of the Roads Act 1993 (NSW) and Council’s Road Naming Procedure 4.04.1.

Attachments

1 ⇩. Submission 1 Proposed Road Naming Spanish Oaks Drive and She Oak Close Bega

2 ⇩. Submission 2 Proposed Road Naming Spanish Oaks Drive and She Oak Close Bega

Council 8 May 2019

Item 12.12

12.12. RFT 06/19 Bega Valley Shire Council Workshop Refurbishment

This report details the outcome of evaluation of Tender RFT 06/19 for the Bega Valley Shire Council Bega Workshop Refurbishment and recommends award to the preferred tenderer as well as recommending the installation of Photovoltaic (PV) Solar Panels.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendation as outlined in the Confidential Attachment.

2. That Council authorise the General Manager to enter into negotiations with the preferred tenderer or alternate suppliers for the supply and installation of Photovoltaic (PV) Solar Panels for the Bega Valley Shire Workshop

3. That any funding shortfall between the cost of supply and installation of PV Solar Panels be funded out of the Asset Replacement Reserve with the cost to be offset in future years budgets through operational savings

Executive Summary

The Council Buildings, Asbestos and Electrical Condition Assessments carried out in 2017, identified serious issues with the current Store and Mechanical Workshop building located in Maher Street, Bega.

To mitigate the above risks, a range of maintenance and service renewal works are required to bring the facility up to ‘a fit for purpose’ standard and allow continuation of the important services provided by the Store and Workshop Teams including plant and vehicle maintenance and operation of the Council store.

Background

The current Bega Store and Mechanical Workshop building condition was assessed as ‘poor’ to ‘very poor’ in the MBM Bega Valley Shire Council Building Condition Assessments and Quantity Surveys report undertaken in July 2017. The report recommended the replacement of roofing, guttering and wall cladding.

In addition, an Asbestos Materials Audit and Risk Assessment Report was commissioned in June 2017 and provided recommendations that ‘serious consideration should be given to the removal of all damaged asbestos-containing materials and removal of other items of asbestos-containing materials should also be considered.’

An Electrical Condition Assessment Report was also commissioned in September 2017 to determine the state of the electrical systems currently in place. This report identified serious safety and efficiency issues associated with the outdated electrical systems, which are also in poor condition.

In addition to the assessment of building condition, staff commissioned a feasibility assessment of the installation of a Photovoltaic (PV) Solar system as a means to offset electricity costs. A copy of the feasibility assessment is attached to this report and identifies a payback period of slightly less than 7 years. The installation of the PV system was not included in the tendered scope.

Project Scope

The scope of the Bega Store and Workshop refurbishment project identified in Council’s 2016/17 Capital Works Program is as follows:

a) Removal and disposal of all asbestos containing materials within the building (Refer to Asbestos Materials Audit and Risk Assessment Report).

b) Demolition of stores and workshop offices, removal of mezzanine structures and fixed timber shelving to create two large open plan work spaces.

c) Demolition and removal of storage container and associated structure annex.

d) Removal and disposal of all wall and roof cladding (including all gutters and flashings).

e) Review ability to retain exiting timber purlins to fix roofing and cladding, the contractor is to provide a preferred method:

1. Retain existing purlins; or

2. Remove existing purlins and replace with steel purlins or other suitable material.

f) Removal of clearstory roof structure and louvers to the workshop to design and methodology provided.

g) Supply and installation of new wall and roof insulation.

h) Supply and installation of new wall and roof cladding.

i) Supply and installation of new gutters, flashings and downpipes.

j) Supply and installation of roof lights (undertaken in consultation with Electrical Engineer for placement of solar panels).

k) Supply and installation of roof vents (whirligig).

l) Supply and Installation of new internal wall linings

m) Removal and replacement of window as approved plans.

n) Replacement of pedestrian doors and roller doors.

o) Removal and disposal of redundant electrical system.

p) Supply and installation of new electrical systems including power, lights and switchboards

q) Supply and installation electronic door entry system.

Tender

Council invited tenders from suitably qualified contractors to refurbish the Store and Mechanical Workshop building located in Maher Street, Bega. Tenders were advertised in the Sydney Morning Herald on 12 March 2019 and in local media from 13 March 2019.

The documents were downloaded by 21 interested parties from the online Tenderlink portal. Local contractors were also contacted by Council officers to gauge their interest in submitting a tender.

At the close of the tender period at 12.00pm on 3 April 2019, 12 documents had been issued, with six submissions received. This tender process yielded a better response than the previous process conducted last financial year, with five eligible tenders submitted from a variety of local and larger construction companies.

Applicants were asked to provide:

a) Lump sum price breakdown of the works;

b) Schedule of Tenderer’s Project Experience;

c) Schedule of Key Contact Staff;

d) Schedule of Consultants, Subcontractors and Major Suppliers;

e) Schedule of Tender Program;

f) Schedule of Work Health and Safety.

The submissions were assessed against the following evaluation criteria:

Evaluation Criteria
Criteria	Weighting
Price	60%
Construction methodology	5%
Construction program	10%
Local community benefit	5%
WH&S, quality management, environmental management qualifications and experience	10%
Capacity to undertake project	5%
Experience completing similar projects	5%
Total	100%

Maintaining Services during Construction

The affected teams have developed contingency plans to operate during the construction period. They will be able to temporarily function at reduced levels to provide essential services and maintain most day to day operations.

Workshop

During the refurbishment project, the Workshop will be functioning at a reduced rate but with contingencies in place to still deliver a satisfactory service to Council’s operations. Council’s Workshop currently maintains 353 cars, trucks and heavy plant and 65 minor plant items. The Workshop has also commenced the annual Rural Fire Service (RFS) vehicle servicing program, which consists of 84 vehicles across their organisation.

The two existing field trucks will carry out servicing and repair work on heavy plant, vehicles and equipment. There will be two mechanics operating out of each truck and will be 100% field based.

A temporary workshop with a vehicle hoist has been set up in a shed behind the Minyama Parade Works Depot office and will be staffed by the remaining two mechanics. They will continue to service leaseback and light commercial vehicles and carry out minor repairs within the capacity of the site.

The minor plant store will share a space in the Bega Mowing Team shed, located behind the Amenities Building at the Bega Works Depot until construction has been completed.

Workshop equipment, tooling and supplies will be stored in eight containers and will be located on the hardstand area at the rear of the Bega Works office. It is anticipated that only occasional access will be required to these containers for the construction period.

The normal parking areas for fleet replacement vehicles and other equipment will be shifted to various depots, so that space can be created for construction materials and the storage containers. Coordination of retrieving these items will be disruptive, however manageable over a short period.

Any workload that cannot be managed due to the reduced workspace or accessing specialised equipment will be subcontracted to local repairers. This will have convenience implications but will be managed on a case by case basis.

Stores

All store items will be transferred into twenty shipping containers and moved up to the hardstand area at the rear of the Bega Works Depot office and officers will relocate to the nearby demountable office.

As storage capacity will be minimal, the period of construction will be treated in the same way as a Christmas shutdown exercise with an extended period.

Council officers will order all supplies for Council but will receive and deliver straight away, only holding an emergency level of stock in its storage containers.

The Stores Team will be able to operate all functions including deliveries while construction occurs, not at 100% capability but to a high standard.

Community Engagement

Consultation Planned

Council will be notifying the affected external services that utilise the facility and neighbouring residents will be notified of the construction works.

Financial and resource considerations

Refurbishing Council’s existing Store and Mechanical Workshop is the best cost effective way to maintain levels of service to its store, plant and fleet operations.

Although the scope of installing a PV system was not included in the original scope or budget it is evident from the feasibility assessment undertaken and attached to this report, that the installation of a system would provide a net financial return over the life of the investment. It is hence recommended that any shortfall due to the installation of a PV system as recommended in this report, be funded via reserves and repaid through annual operational savings.

This project is funded under the following budget:

Funding source		Amount
SV – Public Domain and Buildings	$	400,000
Revotes	$	400,000
Asset Replacement Reserve (Water fund)	$	50,000
Asset Replacement Reserve (Sewer fund)	$	150,000
Total	$	1,000,000

Legal /Policy

The tender process complied with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

By undertaking these works, Council is renewing the asset life of the Store and Workshop, bringing it up to a ‘fit for purpose’ condition for operational officers, in accordance with the Building Asset Management Plan.

The work will also allow Council to continue to accomplish its level of service objectives in line with the Transport Asset Management Plan by providing a facility to maintain the vehicle and plant fleet.

Environmental / Sustainability

A site specific Environmental Management Plan (EMP) will be provided to Council by the successful contractor. The EMP is to comply with requirements for the safe removal of asbestos containing materials.

The refurbishment will also seek to improve energy efficiency of the building through the installation of low energy light fittings, improving insulation and natural lighting.

Risk

Three separate Condition Assessments (Building, Asbestos and Electrical) identified serious issues with the current Store and Mechanical Workshop building. The refurbishment works have been planned to mitigate the risks, including a range of maintenance and service renewal works. This project will provide a ‘fit for purpose’ facility to enable the Store and Workshop teams to provide their services into the future without the current identified risks of poor-very poor building condition, asbestos and a redundant electrical system.

Confidential Information

The confidential attachments to this report are considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

And part 2(d) stating:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

In addition to the relevant Act references above, the following also applies:

· Section 14 of Government Information (Public Access) Act 2009 No 52

More specifically sub section 2 which states:

Part 4 of the table referred to above states:

(4) Business interests of agencies and other persons

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

(b) reveal commercial-in-confidence provisions of a government contract,

(c) diminish the competitive commercial value of any information to any person,

(d) prejudice any person’s legitimate business, commercial, professional or financial interests,

(e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed).

Attachments

1. Confidential attachment Council Report No RFT 06/19 Bega Valley Shire Council Workshop Refurbishment confidential memorandum to Councillors (Confidential)

2. Confidential attachment Council Report RFT 06/19 Bega Valley Shire Council Workshop Refurbishment tender evaluation sheet (Confidential)

3 ⇩. GHD PV Solar Panel Feasibility Study

Council 8 May 2019

Item 12.13

12.13. Merimbula Service Lane

This report has been prepared to provide an update in relation to progress of the planning and construction of a rear service lane running north of, and parallel to, Main Street, Merimbula.

Director Assets and Operations

Officer’s Recommendation

1. That Council reconfirm its position to take all necessary steps to construct an extension of the service lane currently under development, servicing the planned Aldi development running parallel to Main Street in Merimbula; noting that it will now terminate west of the end of Lot 1 DP 521571 owned by Club Sapphire.

2. That Council delegate the General Manager to undertake all necessary land exchange and/or acquisition arrangements including parcel creation to facilitate the extension.

Executive Summary

At its meeting 30 August 2017 Council resolved to acquire approximately 5,500m2 of land from Club Sapphire.

Council adopted the Resolution in closed session.

As explained in this report, the implementation of a full-length service road assumed feasible at the time of the original Resolution, is no longer viable.

Background

Council had previously resolved to acquire a parcel of land from Club Sapphire for the purpose of extending a service lane adjacent to Merimbula Creek, running parallel to, and north of Main Street, Merimbula. As part of the arrangement, Council had agreed to construction of an initial section of road to extend part Lot 9 DP 855433 owned by Club Sapphire, in exchange for the full parcel required to construct a service lane further east that could potentially, in the future, provide a connection back to Main Street through further Council managed land.

The first section of the service road over land owned by Club Sapphire will soon be constructed by the proponents of the Aldi development, with Club Sapphire having given Land Owners Consent on the basis of Council’s previous Resolution to further extend the service road and acquire necessary land from Club Sapphire.

At the time of the Aldi Development Application being assessed, the Application was referred to Department of Primary Industries Water (DPI Water) as the development was in the vicinity of a waterway. The draft concepts for the full eastern extending service road were referred to DPI Water and although they did not object to it being extended to the rear of the Aldi development, they noted they would not support construction of the full proposed extension east. The reason for DPI Water’s concern was that the future service road would encroach toward the watercourse, the further east the road extended.

Although there has not been any further re-engagement to date with DPI Water, Council officers believe there may be further justification for extending the service lane further with adequate engineering and environmental controls in place, although construction for the originally proposed extent is extremely unlikely.

Options

There are four realistic options considered available to Council, each option is briefly described and assessed below:

Option 1 – Do nothing

As it stands, Club Sapphire have provided Land Owners Consent to Aldi to extend the service lane over their land to service the needs of the Aldi development. Club Sapphire have made it clear they provided this Consent in good faith, on the basis of the previous Council Resolution stating Council would extend the service road further. Should Council support this option, it comes with considerable reputational risk and is not recommended by Council officers.

Option 2 – Compulsorily acquire the section of new service road to the rear of the Aldi development

Council does have the legal ability to compulsorily acquire the section of Club Sapphire owned land to be utilised to service the Aldi development as a public road. This is again not recommended by Council officers for the same reason as identified in Option 1 above.

Option 3 – Seek a review of the DPI Water assessment to support the full extent of the proposed service road

Council officers do not recommend this option as it is unlikely it will be supported, given the obvious environmental constraints the further east the service road extends. Council officers do not consider the likely cost and time associated with attempting to negotiate an extension and the potential engineering costs associated if an agreement could be reached provided positive benefit relative to cost. Although this option was originally considered desirable, officers believe there is likely to be other alternate future traffic reconfigurations arrangements in the Merimbula Central Business District (CBD) that would provide better benefit relative to cost.

Option 4 – Undertake appropriate steps to extend the service road slightly further east to deliver upon Council’s previous commitment to Club Sapphire

This option is recommended by Council officers as it minimises potential reputational risk to Council and delivers upon its previous intent as understood by Club Sapphire, at an expected reduced cost.

Community Engagement

Consultation undertaken

Council officers have met with representatives of Club Sapphire and corresponded with them on several occasions to explain changes that have occurred since the previous Council Resolution and to gain a clear understanding of the Club’s position. The Club has also offered further land to Council, the west of the service road area running adjacent to the Creek, however Council officers are not currently supportive of acquiring this land which would result in an additional maintenance liability.

Financial and resource considerations

Council had previously considered a budget allocation of $400,000 for the next stage of the service lane extension. It is anticipated the cost to implement the Recommendation in this report would be within that budget.

Attachments

Nil

Council 8 May 2019

Item 14.1

14.1. Certificate of Investment

This report details Council’s Investments at the end of March 2019.

Director Business and Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2019.

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

Executive Summary

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

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

Background

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

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

Financial and resource considerations

The attached report indicates a current investment portfolio of $86,959,154 at 31 March 2019. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	January 2019	February 2019	March 2019
General Fund	$20,046	$17,982	$32,755
Water Fund	$18,309	$19,394	$18,634
Sewer Fund	$32,833	$36,048	$35,570
TOTAL	$71,188	$73,424	$86,959

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

As at 31 March 2019, BVSC’s available cash balance was $2,388,557 and the investment balance was $86,959,154. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 39,596,679

· TCorpIM Strategic Cash Fund - $47,362,475

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

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

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

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

Attachments

1 ⇩. 2019.05.08 Investment Report TCorp Cash Fund March 2019

2 ⇩. 2019.05.08 Investment Report TCorp Strategic Fund March 2019

Council 8 May 2019

Item 19.1

19.1. Cr Griff Question on Notice - Petition regarding Merimbula Ocean Outfall

Response to Cr Griff Question on Notice at the Council meeting of 13 March 2019.

Director Assets and Operations

Petition regarding Merimbula Ocean Outfall

On 13 March 2019, Cr Griff asked: “Could staff please provide a short report in response to the concerns raised by the petition tabled today on the Merimbula Ocean Outfall, drawing on material recently provided to Councillors?”

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

Background Reports

This report is written to address issues raised in the petition and should be read in conjunction with earlier Council Reports of 3 July 2013 and 25 June 2014.

Background to the Ocean Outfall

The existing beach-face outfall into Merimbula Bay has caused community concern because of its impact on the near shore aquatic environment and risk to public health. In 2009, the NSW Environment Protection Authority (EPA) required Council to start investigating alternative, more sustainable disposal options. Council assessed a variety of options in conjunction with a Community Focus Group made up of NSW State Government agencies including NSW EPA, interest groups and local community members.

In 2013, the Focus Group recommended to Council, who agreed by Resolution that an ocean outfall in conjunction with treatment plant upgrades, was the preferred disposal option for management of effluent from Merimbula Sewer Treatment Plant (STP). Compared to other options, the ocean outfall and STP upgrade offered:

· the greatest environmental benefit through improved water quality;

· the least construction and operational impacts, recognizing the value the Merimbula community places on its beach and ocean environments;

· a more socially, environmentally and economically sustainable solution in the long term.

Following the 25 June 2014 Resolution, NSW EPA amended Council's Operating Licence for the STP to specifically include a requirement to construct an ocean outfall and upgrade the STP.

Constructed Wetlands

Constructed wetlands are a valuable way of encouraging wildlife and polishing treated effluent under some circumstances. Unfortunately, the Merimbula and Pambula areas are highly constrained, and wetlands are unsuitable for the following reasons.

If constructed wetlands were to be utilised, the outflow from them would need to be directed to Merimbula and/or Pambula Lakes posing an added risk to oyster farming, and to the recreation and aquatic ecosystem values associated with those lakes. Likewise, constructed wetlands present a risk to natural pristine wetlands such as Panboola.

Significantly, wetlands have variable performance due to seasonal/climatic factors and consequently they fall outside NSW EPA licencing provisions. This means that NSW EPA will prescribe treatment performance (via Licence conditions) at the end of the manmade treatment process and exclude any notional benefit that wetlands may provide.

Furthermore, using our pristine lake and wetland environments as receiving waters for treated effluent is unlikely to be supported by the NSW Office of Environment and Heritage (OEH) or its successor because such a use is not aligned with the aims of the Coastal Management Act 2016.

Wetlands require a large land area and a suitable discharge location for water flowing from them. There is no identified available land or suitable discharge location for a constructed wetland near Merimbula STP. Attached to this report is a copy of a constraints map which shows the practical limitations of locating wetlands near Merimbula STP.

Whilst the Pambula/Merimbula area is unsuitable for constructed wetlands, a large area of Council owned land adjacent to Bega STP may provide an opportunity for a constructed wetland. In this situation there may be significant environmental gains particularly since the reuse scheme associated with the adjacent dairy is no longer in operation. A scoping assessment is currently being undertaken by specialist wetland consultants.

From a practical perspective, Wetlands in the Merimbula STP context will not remove the need for a sustainable disposal system and they will simply add a cost overhead to any treated effluent disposal solution.

Reuse Credentials

Council has a demonstrable long-term commitment to reuse and we currently partner with golf clubs, farmers (private landholders) and other community groups to operate ten reuse schemes between Bermagui and Eden.

Our credentials in the reuse space are significant and our experience over many years gives us the insight to know what works and what does not.

On average, we reuse a quarter of recycled water from Merimbula STP for irrigation at the Pambula Merimbula Golf Club (PMGC) and at Oaklands Farm. More is used in dry years, less in wet.

The PMGC uses between 13% and 30% of the total volume of recycled water produced at the STP each year. Median use is around 21% per year. PMGC has been using recycled water from Merimbula STP for over 40 years.

Oaklands Farm uses between 5% and 11% of the total volume of recycled water produced at the STP each year. Median reuse is around 8% per year. The Oaklands recycled water scheme has been operating since February 2013.

Future Reuse Opportunities

The key factors to recognise in considering additional reuse opportunities are that climate variability and land availability drive effluent reuse potential in the long term. In a coastal NSW context this means that 100% reuse cannot be achieved even with construction of substantial buffer storage such as that proposed on the REMS scheme in the Shoalhaven. In the case of the REMS scheme, Shoalhaven Water will still retain the use of their ocean outfall even after substantial capital expenditure of $130 million.

The long-term reliability of reuse schemes, particularly those with private landholders is compromised because properties can be sold, and irrigation needs can change, or even cease. We have partnered with several private landholders over many years however it is likely that we will no longer recommend such arrangements to Council for their consideration, due to uncertainty over land tenure and reuse in perpetuity.

As an example of this situation, recycled water from Bega STP was supplied to a neighbouring dairy farm for over 50 years, enabling up to 40% of the total to be used in a dry year. However, in 2013 dairying and irrigation ceased at the property. The Bega reuse scheme cost Council approximately $630K as part of the Bega Valley Sewerage Program.

A similar risk exists with the Oaklands reuse scheme, noting the current owner has indicated plans for sale of part of the property. Whilst the latest advice is the sale will not compromise effluent reuse, it should be understood landholder aspirations do change. The Oaklands scheme cost Council approximately $2.0 Million as part of the Bega Valley Sewerage Program.

Looking to the future, we are investigating the feasibility of extending a reuse scheme to the Pambula Sporting Complex in accordance with Council Resolution. This initiative has the advantage that irrigation activities will be carried out on Council managed Crown land, ensuring a higher level of long-term reliable reuse is achieved.

The Byron Bay and Pambula Merimbula Reuse Schemes

There has been considerable discussion regarding the Byron Bay reuse scheme. In fact, Byron STP use their wetlands as a conduit to dispose of the majority of treated effluent to ocean via Belongil Creek and groundwater receiving environments. They beneficially reuse approximately 40% only, the balance of STP production going to ocean.

In contrast, the Merimbula landscape is pristine and there are constraints on where we can direct recycled water to. We must protect existing wetlands, endangered ecological communities, National Park areas, oyster leases and Aboriginal heritage sites.

Land for use of recycled water needs to have suitable buffer zones from waterways, a slope preferably less than 10% and a suitable soil profile. It also needs to enable irrigation infrastructure that can be programmed to apply water when the vegetation requires it and operated to avoid overspray, spray drift, runoff, ponding and water-logging of soils. While we can appreciate the successful aspects of the Byron Bay Shire and Shoalhaven reuse schemes, it is not possible to simply replicate a system and apply it to another location without detailed knowledge and consideration of our own unique landscape and its inherent characteristics.

A sustainable effluent disposal mechanism is needed at Merimbula and unfortunately additional reuse will do nothing to eliminate this need.

Attachments

1 ⇩. 2013.07.03 Council Report Merimbula Effluent Options Study

2 ⇩. 2014.06.25 Council Report Merimbula Effluent Management Strategy

3 ⇩. Constraints Map Merimbula Effluent Management

Council 8 May 2019

Item 19.2

19.2. Cr Allen Question on Notice - Bega Valley Regional Learning Centre

Response to Cr Allen’s Question on Notice at the Council meeting of 13 March 2019.

Director Assets and Operations

Bega Valley Regional Learning centre inspection report.

On 13 March 2019, Cr Allen asked if Councillors could receive a copy of the inspection report and the process that staff go through before purchasing the building.

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

Staff have investigated and have been unable to find any documented pre-purchase inspection reports for the building or retaining wall. Staff involved in the purchase arrangements are no longer employed by Council to ascertain if any non-centrally recorded pre-purchase inspection reports exist. The matter was subject of a number of Council workshops and formal deliberations prior to the purchase being undertaken.

Council formally considered the matter at Council meetings on 10 September 2014, 12 November 2014, 18 March 2015 and 2 September 2015. Council took this time to consider the value and viability of the asset to the community. A formal valuation was undertaken. A business case was prepared and provided to Council.

The process that staff are required to follow prior to an acquisition as outlined in Procedure 2.02.4 Acquisition and Disposal of Land is as follows:

While the General Manager and/or their delegate may make preliminary enquiries regarding a possible purchase, no negotiations will commence without a Resolution of Council being made, authorizing negotiations. The General Manager shall:

· Be responsible for the conduct of all negotiations;

· Have regard to an independent valuation obtained from a registered valuer;

· Seek such other professional advice as is considered necessary in the circumstances;

· Have regard to the Independent Commission Against Corruption Publication Direct Negotiations so far as is appropriate in the circumstances; and

· Report the outcome of all negotiations to the Council for determination.

Prior to finalisation of an acquisition, Council shall determine the classification of the Land as either ‘Operational’ or ‘Community’ in accordance with Section 31 of the Local Government Act 1993.

Council’s process of Land acquisition must include the following steps:

· Identification of the Land acquisition opportunity by Council and/or the Responsible Officer;

· In principle decision by the General Manager to commence the pre-acquisition process;

· Preparation of a comprehensive assessment of the Land acquisition including:

(i) Required due diligence,

(ii) Independent valuation, maximum price (purchase, lease or other),

(iii) Assessment against Council’s adopted Land Investment Strategy,

(iv) Identification of funding source and assessment against Council’s Long Term Financial Plan, and

(v) A statement of goals and objectives for the proposed Land to be acquired including a statement of any “Special Value” deemed appropriate by Council.

· Formal consideration by Council of dealing with the matter and if required, in accordance with Section 10A of the Act, it be dealt with in Closed Session;

· Formal report to Council including the Land acquisition assessment and documented reasons for Council’s acquisition of the Land, and if supported delegation to the General Manager to negotiate an outcome subject to the financial and risk parameters as determined by Council;

· Negotiation, and if successful, implementation of all matters necessary for the preparation, signing and sealing of contract documentation required; and

· Once completed the General Manager to advise Council of the outcome (successful or otherwise).

The process is designed to ensure fairness and equity. This Procedure was applied in this case and reported to Council at the meetings as outlined over the period from 10 September 2014 to 2 September 2015.

Attachments

Nil

Council	8 May 2019
*Item 9.1 - Attachment 1*	Proposed Procedure 4.06.6 - Companion Animals Control Procedure - Version 3

Council	8 May 2019
*Item 9.1 - Attachment 2*	Current Procedure 4.04.6 - Companion Animals Control Areas - Version 2

Council	8 May 2019
*Item 9.1 - Attachment 3*	Current Companion Animal Policy

Council	8 May 2019
*Item 9.1 - Attachment 4*	Response from Minister Uption

Council	8 May 2019
*Item 9.1 - Attachment 5*	Council Report 2018.09.19

Council	8 May 2019
*Item 9.2 - Attachment 1*	Eden AFZ proposal map - May 2019

Council	8 May 2019
*Item 9.3 - Attachment 1*	Draft Consent

Council	8 May 2019
*Item 9.3 - Attachment 2*	Site Plan

Council	8 May 2019
*Item 9.3 - Attachment 3*	Section 4.15 Assessment

Council	8 May 2019
*Item 10.1 - Attachment 1*	Petition to support inclusion of Aboriginal flag on Sydney Harbour Bridge

Council	8 May 2019
*Item 12.1 - Attachment 1*	Council report regarding proposed divestment of Lot 102 Arthur Kaine Drive Merimbula dated 13 March 2019

Council	8 May 2019
*Item 12.1 - Attachment 2*	Historical Council reports and minutes regarding lease to Pambula Merimbula Golf Club Limited

Council	8 May 2019
*Item 12.2 - Attachment 1*	Land Divestments Options Lot 2 DP 161251 Chandos Street Eden

Council	8 May 2019
*Item 12.4 - Attachment 1*	Vacant Land Review Sheet for Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	8 May 2019
*Item 12.4 - Attachment 2*	History on Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	8 May 2019
*Item 12.5 - Attachment 1*	Submission 1 Proposed Road Naming Hobbs Lane Wolumla

Council	8 May 2019
*Item 12.5 - Attachment 2*	Submission 2 Proposed Road Naming Hobbs Lane Wolumla

Council	8 May 2019
*Item 12.7 - Attachment 1*	South East Regional Hospital Shared Path Plans

Council	8 May 2019
*Item 12.11 - Attachment 1*	Submission 1 Proposed Road Naming Spanish Oaks Drive and She Oak Close Bega

Council	8 May 2019
*Item 12.11 - Attachment 2*	Submission 2 Proposed Road Naming Spanish Oaks Drive and She Oak Close Bega

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

9 Staff Reports – Planning and Environment

10 Staff Reports – Community, Culture and Leisure

11 Staff Reports –Economic Development and Business Growth

12 Staff Reports – Infrastructure Waste and Water

13 Staff Reports – Governance and Strategy

14 Staff Reports – Finance

15 Adoption of Reports from Standing Committees

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council

8 May 2019

Staff Reports –Planning And Environment

8 May 2019

9.1. Companion Animals Control Areas Procedure

Officer’s Recommendation

Dogs Prohibited

Attachments

Staff Reports – Community, Culture and Leisure

8 May 2019

Council

8 May 2019

Staff Reports – Infrastructure Waste And Water

8 May 2019

Council

8 May 2019

Staff Reports – Governance And Strategy

8 May 2019

Staff Reports – Finance

8 May 2019

Council	8 May 2019
*Item 12.12 - Attachment 3*	GHD PV Solar Panel Feasibility Study

Council	8 May 2019
*Item 14.1 - Attachment 1*	2019.05.08 Investment Report TCorp Cash Fund March 2019

Council	8 May 2019
*Item 14.1 - Attachment 2*	2019.05.08 Investment Report TCorp Strategic Fund March 2019

Council	8 May 2019
*Item 19.1 - Attachment 1*	2013.07.03 Council Report Merimbula Effluent Options Study

Council	8 May 2019
*Item 19.1 - Attachment 2*	2014.06.25 Council Report Merimbula Effluent Management Strategy

Council	8 May 2019
*Item 19.1 - Attachment 3*	Constraints Map Merimbula Effluent Management