Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 7 August 2019 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Mitchell Nadin, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Sharon Tapscott

Cr Liz Seckold

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Acting Communications and Events Manager, Mr Justin Welsford

Minute Secretary, Ms Kelly McDowall

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (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 5.11 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 5.11 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

7 August 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 30 June 2019 to 18 August 2019 requested by Cr Dodds be accepted.

That the leave of absence from 1 August 2019 to 10 September 2019 requested by Cr Allen be accepted.

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 26 June 2019 and the Ordinary Meeting held on 17 July 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       Public Forum – report by Mayor of deputations heard prior to the meeting

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Staff Reports – Planning and Environment

 

Nil Reports

9       Staff Reports – Community, Culture and Leisure

 

9.1                Establishment of Bega Eden Merrimans Aboriginal Liaison Committee................................ 10

9.2                Bega Valley Shire Council Library Services Strategic Plan 2020-2025.................................. 23

10   Staff Reports –Economic Development and Business Growth

 

Nil Reports

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Approval for new road names: Wumbalwarra Drive, Barrumbarra Place, Gurabarr and Peters    70

11.2              Rock Fishing Safety Act 2016........................................................................................................ 77

11.3              Road opening/closing of a portion of Council public road reserve on Reedy Swamp Road, Bega  102

11.4              Bega Valley Local Traffic Committee......................................................................................... 108

11.5              Hanscomb Creek and Johnson Creek Bridges, Garfields Road, Numbugga........................ 120

11.6              Proposed new road name: Jacaranda Place............................................................................ 134

11.7              Feedback from Candelo Community Meeting......................................................................... 138

11.8              Short Point Headland Seating and Signage.............................................................................. 141

11.9              Proposed acquisition of land for Merimbula Service Road Extension................................ 155

11.10           NSW Boating Now, Round 2 Projects - Concept Consultations............................................. 174

11.11           Waste Fees and Charges 2018/19............................................................................................ 222

12   Staff Reports – Governance and Strategy

 

12.1              Local Government NSW Annual Conference 2019................................................................ 228

12.2              Proposed transfer of land to Quaama Men's Shed Incorporated........................................ 234

12.3              Classification of various land parcels at Kalaru........................................................................ 237

12.4              Transfer of land from sewer fund to general fund................................................................. 237

13     Staff Reports – Finance

 

13.1              Certificate of Investment............................................................................................................ 237

 

14     Councillor Reports

 

15     Rescission/alteration Motions

 

16     Notices of Motion

 

17     Questions with Notice

17.1              Cr Tapscott Question on Notice - Minutes of S355 Committees.......................................... 237

17.2              Cr Dodds Question on Notice - Guide Posts............................................................................ 237

17.3              Cr Tapscott Question on Notice - Grant money for sporting infastructure........................ 237

 

18     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 237

              

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

Statement of Re-Commencement of Live Streaming

19     Noting of Resolutions from Closed Session

20   Declassification of reports considered previously in Closed Session  

 


Council

7 August 2019

 

 

Staff Reports – Community, Culture and Leisure

 

7 August 2019

  

9.1              Establishment of Bega Eden Merrimans Aboriginal Liaison Committee........... 10

9.2              Bega Valley Shire Council Library Services Strategic Plan 2020-2025............... 23


Council 7 August 2019

Item 9.1

 

9.1Establishment of Bega Eden Merrimans Aboriginal Liaison Committee      

 

This report seeks to establish a new Bega, Eden and Merrimans (BEM) Aboriginal Liaison Committee under section 355 of the Local Government Act 1993, to support implementation of Council’s Memorandum of Understanding with the Eden, Bega and Merrimans Local Aboriginal Land Councils.

 

Director Community Environment and Planning   

 

 

Officer’s Recommendation

1.      That Council amends the Memorandum of Understanding with the Eden, Bega and Merrimans Local Aboriginal Land Councils as identified in Attachment 1.

2.      That Council adopts Guidelines for the BEM Liaison Committee (Attachment 2).

3.      That Council nominates the Mayor and an alternate to represent Council on the BEM Liaison Committee.

 

Executive Summary

The current Memorandum of Understanding (MoU) between Bega Valley Shire Council (BVSC) and the three Local Aboriginal Land Councils (LALCs) requires that the parties to the MoU meet at least twice each year. These meetings are to progress the Action Plan established under the MoU.

At the April 2019 meeting, LALC representatives requested formal representation by Councillors at these meetings and some minor amendments to the wording of the MoU.  This report responds to those requests. The name “BEM Liaison Committee’ was chosen by the LALC representatives and stands for ‘Bega, Eden and Merrimans’.

Background

Council first entered into an MoU with LALCs in 2001.  The intent of the MoU is to support reconciliation and the advancement of Aboriginal people within Bega Valley. The MoU has been periodically revised and updated, generally in alignment with Council terms; however, it may be updated at any time with the agreement of all parties.

Options

The options available to Council are to:

1.    Amend the MoU as requested by LALCs. This is the recommended option.

2.    Retain the current MoU.

3.    Make an alternative amendment to the MoU. Councillors would need to identify proposed changes.

Community Engagement

Consultation undertaken

This proposal was suggested by LALCs during the regular meeting with Council to progress the MoU.  Proposed amendments, which include formally establishing a Committee of Council to progress the MoU Action Plan, recognition of original inhabitation of air and sea (in addition to land and water), and minor typographical corrections, are supported by LALC representatives.

Consultation Planned

The MoU is to be formally reviewed in line with the Local Government election cycle.  This review will involve extensive engagement with local Aboriginal people in 2020.

Financial and resource considerations

There are no direct financial implications associated with the recommendation.  Resourcing to administer a new s355 Committee is available within existing budgets, as Council officer’s time is already allocated to support implementation of the MoU.Legal /Policy

There are no direct legal implications associated with the recommendation, and it is consistent with Council’s adopted Policy to support reconciliation with Aboriginal people.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation is consistent with the following goals in Council’s Community Strategic Plan:

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

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

Goal 4: We have meaningful employment and learning opportunities for people in all stages in life.

Goal 5: Our air and water is pristine and our natural environment and rural landscapes are protected.

Environmental

The proposal does not have direct environmental implications. Indirect environmental benefits flow from engagement with local Aboriginal people in management of country.

Economic

The MoU seeks to promote economic self-determination for local Aboriginal people.  The recommendation for closer involvement with the elected Council in the implementation of the MoU is likely to support economic outcomes for Aboriginal people and the Shire more generally.

Risk

There are no direct risks associated with the proposal, as involvement of Councillors in section 355 committees is part of the routine business of Council. 

Social / Cultural

The proposal seeks to enhance delivery of Council’s adopted MoU with LALCs within the Shire. The MoU aims to improve recognition of the Shire’s rich cultural history, and advance reconciliation between Aboriginal and non-Aboriginal people.

 

Attachments

1.          Proposed amendments to Memorandum of Understanding with Local Aboriginal Land Councils

2.          Guidelines for BEM Liaison Committee

 


Council

7 August 2019

Item 9.1 - Attachment 1

Proposed amendments to Memorandum of Understanding with Local Aboriginal Land Councils

 


 

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Council

7 August 2019

Item 9.1 - Attachment 2

Guidelines for BEM Liaison Committee

 


 


 


 


 


 


Council 7 August 2019

Item 9.2

 

9.2Bega Valley Shire Council Library Services Strategic Plan 2020-2025     

 

The 28-day Public Exhibition of the Draft Bega Valley Shire Library Service Strategic Plan 2020-2025 has now concluded, and the revised Plan is presented to Council for consideration.

 

Director Community Environment and Planning  

 

 

Officer’s Recommendation

1.      That Council resolve to adopt the Bega Valley Shire Library Service Strategic Plan 2020-2025 (Attachment 1).

2.      That the Bega Valley Shire Library Service Strategic Plan 2020-2025 be made publicly available.

 

Executive Summary

The Bega Valley Shire Library Service Strategic Plan 2020-2025 will guide the direction of our library services over the next five years.  The Plan is informed by feedback from library users, community partners and Council officers.  It has also been informed by an analysis of the changing demographics of Bega Valley Shire, and by the performance of the Bega Valley Shire Council (BVSC) Library Service against other libraries in NSW.

At the Council meeting of 12 June 2019, Council resolved to publicly exhibit the Draft Bega Valley Shire Library Service Strategic Plan 2020-2025.  The Public Exhibition period has now closed, and submissions have been considered.

Community Engagement

Consultation undertaken

Prior to the formal exhibition period, to guide the drafting of the Plan, feedback on potential improvements to our collections, spaces, programs, technology and future opportunities was sought through:

·    0nline user survey (August 2018), with 1,387 responses received

·    partner survey to gain feedback on program delivery

·    staff survey

·    library team planning day/workshops.

Over the formal 28-day exhibition period the draft Plan was promoted:

·    on Bega Valley Shire Council’s ‘Have Your Say’ page

·    via social media

·    via library members newsletter and Council News

·    by seeking direct feedback from Library partners

·    by seeking direct feedback from Bega Valley Shire Council officers

·    through an internal workshop with members of the Community, Environment and Planning Directorate leadership team.

Consultation planned

Regular informal consultation with library partners and users will continue over the life of the Plan to ensure annual work programs, guided by the Plan, are meeting the needs of library users.

Council consideration of input

In total, four submissions were received; two internal and two external submissions.  Two external submissions raised the following:

·    A request for extension of opening hours at libraries.

·    Consideration of consistency in language, with reference to Council’s terminology ‘branch libraries’.

Both submissions were considered.  The extension of library hours has previously been trialled and found to result in no material increase in library patronage but significant increase in service delivery cost.  It remains an area for future investigation, particularly in relation to potential future co-location of TAFE, university and BVSC Library Services.  The terminology around library branches has been removed from the draft Plan to reduce any concerns about the relative value of each library.

Two internal submissions and the internal workshop raised ideas for greater collaboration between the Library Service and other areas of Council. These included expanding utilisation of library services to:

·    communicate with the Bega Valley community;

·    provide professional development opportunities and skill sharing, and

·    improve the sharing of resources.

This feedback is consistent with the strategic direction of the Plan and will be used to inform library services at an operational level. Internal feedback also highlighted areas for greater consistency in language in the draft Plan and these comments have been incorporated into the final version.

Financial and Resource Considerations

On adoption, the Plan will guide the direction of the Library Service.  Annual Budgets and work programs will be developed to support the actions outlined in the Plan.

The anticipated cost of running the Library Service in 2019/20 is $1,514,940.  Corresponding income sources are set out in Table 1.

                Table 1 – Library Service Funding Sources

Funding source

 

Amount

General Fund

$

1,053,721

Special rate variation

$

204,000

Subsidy funding (State Government)

$

70,000

Technology training (State Government)

$

7,500

Local Priority project (State Government)

$

20,000

University of Wollongong Agreement

$

40,000

Department of Human Services Access Point (Bermagui)

$

4,991

Fees and Charges

$

26,228

E Resources – South East Consortium contribution 

$

88,500

Total

$

1,514,940

Legal /Policy

Under Section 22 of the Local Government Act 1993, councils may have functions conferred or imposed on them by other Acts, inclusive of the Library Act 1939.

NSW public libraries are managed by councils that have adopted the Library Act 1939; BVSC is such a council. In accordance with the Act, public libraries are eligible for a range of services administered by the State Library and the Library Council of New South Wales.  These include support and consultancy, library subsidy funding and other financial assistance.

In accordance with the Library Act 1939, public libraries are required to provide services free of charge, inclusive of core educational and information services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Plan addresses the following elements of BVSC’s Community Strategic Plan (CSP) and Revised Delivery program. 

Outcome 4: Liveable Places; Goal 4: We have meaningful employment and learning opportunities for people in all stages of life.

Revised Delivery Program 2017-2021 Actions: Expand the provision of services, information and education resources for the community and students in line with the Library Services Strategic Plan.

Actions to progress the Plan have been included in the Library Services section of the 2019-20 Operational Plan.

Environmental / Sustainability

The Plan identifies sustainability as one of five strategic priorities.  The definition of sustainability covers our environmental responsibilities and the ongoing social and economic evolution of the Library Service.

Risk

The Plan supports the effective management of the Library Service over the next five years.  By understanding library trends and anticipating future demands on services, BVSC can effectively plan for future services, minimising financial and other risks.

Social / Cultural

The Library Service makes a valuable contribution to the social and cultural life of the community.  It provides inclusive community spaces that are well utilised by people of all ages, backgrounds and abilities across the Shire.  Libraries foster education, life-long learning, and community participation and play an increasingly important role in providing access to emerging technologies and bridging the digital divide. The Plan sets out a comprehensive agenda to ensure BVSC’s Library Service continues to meet community needs over the next five years. 

 

Attachments

1.          Bega Valley Shire Library Service Strategic Plan 2020-2025

 


Council

7 August 2019

Item 9.2 - Attachment 1

Bega Valley Shire Library Service Strategic Plan 2020-2025

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


Council

7 August 2019

 

 

Staff Reports – Infrastructure Waste And Water

 

7 August 2019

  

11.1            Approval for new road names: Wumbalwarra Drive, Barrumbarra Place, Gurabarr and Peters............................................................................................................................. 70

11.2            Rock Fishing Safety Act 2016............................................................................... 77

11.3            Road opening/closing of a portion of Council public road reserve on Reedy Swamp Road, Bega........................................................................................................................... 102

11.4            Bega Valley Local Traffic Committee............................................................... 108

11.5            Hanscomb Creek and Johnson Creek Bridges, Garfields Road, Numbugga..... 120

11.6            Proposed new road name: Jacaranda Place..................................................... 134

11.7            Feedback from Candelo Community Meeting.................................................. 138

11.8            Short Point Headland Seating and Signage....................................................... 141

11.9            Proposed acquisition of land for Merimbula Service Road Extension.............. 155

11.10          NSW Boating Now, Round 2 Projects - Concept Consultations......................... 174

11.11          Waste Fees and Charges 2018/19..................................................................... 222


Council 7 August 2019

Item 11.1

 

11.1. Approval for new road names: Wumbalwarra Drive, Barrumbarra Place, Gurabarr and Peters     

 

A Development Application (DA) has been approved for a new subdivision in Bega and Council has received an application from the developer to formally name two new roads associated with the subdivision. 

A further request is being made for additional names: Gurabarr and Peters, to be added to Council’s pre-approval list of road names for future use.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council receive and note the report.

2.      That Council approve the proposal to name two new roads off recently named Spanish Oaks Drive as Wumbalwarra Drive and Barrumbarra Place.

3.      That Council advertise the proposed road names on its website, inviting submissions to the proposal.

4.      That if no objections are received within the submission period, Council officers proceed with the road naming proposals without subsequent referral to Council.

5.      That authority be delegated to Council officers to submit the names Gurabarr and Peters to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Bega Valley Local Government Area, as approved by the Council Delegate.

 

Executive Summary

Council has received an application to formally name two new roads associated with an approved subdivision under DA (DA 2010.379). In accordance with Council’s Road Naming Procedure 4.04.1, all new road naming proposals are to be reported to Council seeking approval to advertise the proposed use of the road name.

Council approval is also being sought for the names Gurabarr and Peters to be submitted to the Geographical Names Board of New South Wales for pre-approval and reservation on Council’s pre-approved list of road names for future use within the Bega Valley Local Government Area.

Background

The two new roads proposed under this DA will serve as access to subdivided land parcels located off the newly named, Spanish Oaks Drive in Bega.

The roads will be dedicated to Council upon registration of the plan of subdivision and Council will take over care and control of the roads once constructed by the developer, and the mandatory maintenance period has been completed. 

The names proposed are: Wumbalwarra Drive and Barrumbarra Place, Bega.  Both of these names comply with Council’s Road Naming Procedure 4.04.1 under Road Naming Criteria (a)(i) Local Aboriginal heritage.

Suggested Name

Background

Wumbalwarra

·   Aboriginal word from the local Dhurga language

·   Means River Oak

Barrumbarra

·   Aboriginal word from the local Dhurga language

·   Means Peppermint

Gurabarr

·   Aboriginal word from the local Dhurga language

·   Means white box.

Council’s Aboriginal Liaison Officer in consultation with the Bega Local Aboriginal Land Council have reviewed both names and provided approval for use of the Aboriginal words for road naming purposes.  The Geographical Names Board (GNB) has also reviewed both names under GNB Guidelines for the naming of roads and there is no objection to their use.

Council’s Aboriginal Liaison Officer provided officers and the developer with a copy of the Yuin-Bangguri Mountain Parks Plan of Management which includes an appendix of local Dhurga words relevant to our area. 

The developer selected three names being: Wumbalwarra; Barrumbarra; and Gurabarr for potential use.  They have now settled on Wumbalwarra Drive and Barrumbarra Place for their proposed new road names but have requested pre-approval of the name Gurabarr for future use within the Shire.

As outlined in the attached report to Council dated 18 May 2010, approval was granted to formally name a Crown Reserve in Tathra as “Peter’s Park” subject to a public advertising period of 30 days. 

As the Reserve bound by Kianinny and Yuppara Streets and Panamuna Road, Tathra is under the care and control of Crown Lands, consultation has recently been undertaken with Crown Lands and the NSW Geographical Names Board to confirm whether the naming process was ever finalised. 

Unfortunately, Council has received advice from Crown Lands that the required public advertising never commenced and a search of Council records has not been able to prove otherwise.  The NSW Geographical Names Board has also advised they have no record of the Reserve name.

As the Reserve known as Lot 7317 DP 1164437 is under the care and control of Crown Lands, Council must obtain their formal consent to any proposed actions undertaken in relation to the Reserve.  As such, Council has consulted with Crown Lands in relation to progressing the naming of the Reserve as “Peter’s Park”.  The advice received from Crown Lands is as follows:

·    Lot 7317 DP 1164437 is part of a large parish reserve known as R750236;

·    Reserve R750236 is currently reserved for the purpose of future public requirements therefore, Crown Lands have advised the use of “Park” is not consistent with the Reserve purpose;

·    Crown Lands does not support the naming of the whole Reserve R750236 as “Peter’s Park” as this Reserve consists of a large number of Crown holdings unrelated to Lot 7317 DP 1164437;

·    Crown Lands does however support Council’s Resolution to name Lot 7317 DP 1164437 (being part of Reserve R750236) as “Peter’s Park”;

·    Lot 7317 DP 1164437 is subject to an undetermined Aboriginal Land Claim.  Consequently, consent from the NSW and Local Aboriginal Land Councils must be obtained prior to formalising the naming process;

·    Lot 7317 DP 1164437 is also subject to an undetermined Native Title Claim currently lodged in the Federal Court;

·    Crown Lands is not in a position to create a Reserve over Lot 7317 DP 1164437 for the purpose of “park” whilst the Native Title status and Aboriginal Land Claim remains undetermined.

Although it is possible to consult with the NSW and Local Aboriginal Land Councils regarding the undetermined Aboriginal Land Claim, until the Native Title Claim has been determined in the Federal Court it is not appropriate to progress the naming of Crown reserves under claim across the Shire, due to cultural sensitivities and the unknown outcome of these Claims.

Council is in the process of developing a Reserve Naming Procedure that will formally document Council’s position in relation to reserve naming and the effect of the Aboriginal Land Claim and Native Title Claim which is registered over all Crown Reserves in our Shire.

It is suggested the name “Peters” be added to Council’s pre-approved list of road names for use in the Tathra area as an alternative, to commemorate the Peters family as outlined in the attached report to Council from 2010.

Options

The proposed road names comply with GNB Guidelines and Council’s Road Naming Procedure 4.04.1 and as such there is no impediment to using these names, however Council does have the option not to accept the applicant’s suggested road names or grant pre-approval for the future use of the names Gurabarr and Peters if they wish. 

Community Engagement

Consultation undertaken

Council officers have consulted with the applicant, Council’s Aboriginal Liaison Officer and Bega Local Aboriginal Land Council approval and GNB regarding the proposed road names of Wumbalwarra Drive, Barrumbarra Place and Gurabarr.

Consultation with applicants regarding the use of the name Peters in the Tathra area has also been undertaken by Council officers.

Consultation Planned

The proposed road names of Wumbalwarra Drive and Barrumbarra Place will be advertised on Council’s website, allowing a period of 14 days for submissions to be received.  If no objections are received, the GNB will be advised to arrange Gazettal.  If any objections are received, a further report will be presented to Council.

Financial and resource considerations

Under Council’s Fees and Charges, the road naming application fee has been paid by the developer which covers all costs associated with the road naming process. Council’s Property officers will be required to complete the public notification process.

Legal /Policy

In accordance with Council’s Road Naming Procedure 4.04.1 the naming of the Shire’s roads is pursuant to the provisions of Section 162 of the Roads Act 1993 (NSW) and the GNB NSW Address Policy adopted in March 2015.

In accordance with Division 1 clause 7 of the Roads Regulation (2018) which commenced on 1 September 2018, Council is now able to publish notice of a road naming proposal on the Council’s website rather than in a local newspaper.

 

Attachments

1.          Council report 18 May 2010 regarding proposed naming of reserve in Tathra

 


Council

7 August 2019

Item 11.1 - Attachment 1

Council report 18 May 2010 regarding proposed naming of reserve in Tathra

 


 


 


Council 7 August 2019

Item 11.2

 

11.2. Rock Fishing Safety Act 2016     

 

This summary report provides an overview of the Rock Fishing Safety Act 2016.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That the information in the report and attachments be received and noted

2.      That noting the resourcing implications and practicalities of enforcing the Rock Fishing Safety Act 2016 across the Bega Valley Shire Council (BVSC) coastline areas, Council not ‘opt in’ to enforcing the legislation.

3.      That Council officers investigate other options and opportunities to work with the NSW Department of Primary Industries (DPI) and other agencies to improve rock fishing safety.

4.      That Council officers assess the merits of installing ‘Angel Rings’ with a view to developing a program of installation at popular sites known to be high risk areas, where inspection and maintenance programs can link with existing regular asset servicing programs.

 

Executive Summary

The NSW Government has implemented the Rock Fishing Safety Act 2016 (the Act) to improve rock fishing safety. The Act provides the opportunity for local Council areas to ‘opt in’ and be listed as areas where lifejackets are mandatory for rock fishers (similar to the Randwick Local Government area where a trial of mandatory lifejackets was recently completed in 2018).

While the initiative to improve safety is very much supported, the challenge for regional Councils that cover significant coastline areas, is the policing and enforcement of the Act. This is acknowledged through the option to ‘opt in’. However, in a practical sense many local Councils simply do not have the resources to effectively police and enforce the Act.

However, there are options for local Councils to work with the NSW Department of Primary Industries (DPI) to improve rock fishing safety in local government areas, through initiatives such as the installation of general information and safety signage at popular rock fishing areas.

The purpose of this report to Council is to inform Councillors of the Act and issues related to Bega Valley Shire Council (BVSC) in implementing the ‘opt in’ option, and to formalise Council’s position.

Options

1.    Opt in to the Act – this option would require significant additional resources to enforce and monitor this legislation across the BVSC coastline areas.

2.    Not ‘opt in’ and investigate other options to work with the DPI to improve rock fishing safety.

3.    Do nothing.

Community Engagement

Consultation undertaken

BVSC has not undertaken consultation on the development and implementation of the Act. The NSW DPI have consulted with local councils and held information sessions in Sydney, which due to workloads and costs BVSC officers did not attend.

Consultation Planned

If Council selects option two (2) above, officers will liaise with local surf clubs and fishing clubs to confirm popular rock fishing sites for installation of general information and warning signs.

Financial and resource considerations

BVSC has not allocated funding to this project. Officers will work with the NSW DPI and other agencies to source external funds to implement additional safety measures.

Legal /Policy

Each year there are, on average, eight rock fishing fatalities in NSW. In 2015, a Coronial Inquiry recommended lifejackets be made mandatory for rock fishers in NSW. The Act, which has been implemented by the NSW Government to improve rock fishing safety, is the legislative means to implement the recommendation of the Coronial Inquiry.

Council has an option to ‘opt in’ as an enforcement agency. However, that would require significant additional BVSC resources to implement effectively. The NSW DPI Fisheries Information Sheet is attached to this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The following Community Strategic Plan (CSP) goals and actions are relevant as they relate to Beach (ocean) Safety and Recreation Asset Management.

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

Plan and manage recreation facilities, swimming pools and the Sapphire Aquatic Centre, sporting facilities, boating infrastructure and public toilets

Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live

Improve safety for residents and tourists on the Shire’s beaches               

The adopted BVSC Leisure and Recreation Policy 1.08 encourages development of fit for purpose, well used assets that ‘provide access and enable people to enjoy the environment we live in’.

Economic

Fishing is a popular activity and is related to tourism in the area. Supporting fishing actives can have a positive economic benefit across the Shire. 

Risk

Many recreational activities come with inherent risk. These are managed by various means by relevant agencies within their resourcing capabilities and by individuals themselves by being aware of their environment, risks associated with recreation activities and their personal capabilities.

‘Angel Rings’ can also be an important safety aid in known high risk areas in times of need. The purpose of these assets is for them to be available in times of need, which means they cannot be locked. As such these types of assets can be removed or vandalized. If they are installed, there is an expectation they will be maintained. Keeping up with a high number of replacements can be difficult and costly.

There is an opportunity to provide better information to individuals through general information signage at key sites to make users more aware of risks associated with rock fishing and the hazards of the environment they are in.

Asset Management

Installation of additional assets such as information signs and ‘Angel Rings’ will create additional assets that will need to be managed and replaced as required. Typically, this is done by reactive maintenance, as Council becomes aware of damaged or missing signs.

While the benefits of ‘Angel Rings’ and signs have been noted, for the reasons stated above they should only be installed in areas they can be actively managed. These are areas where there are existing regular maintenance programs, where they can be well monitored and maintained as required which are also high-risk and high use areas. Example sites where ‘Angel Rings’ are currently installed are Tathra and Merimbula Wharves, and Bar Beach which are high use, known to be high risk, and have public amenities that require regular servicing.

Social / Cultural

Apart from the difficulties to Council is resourcing the requirements under the Act there will also be social issues regarding enforcement and likely negative response from the community, through the perception of additional enforcement of activities that have not previously been enforced.

 

Attachments

1.          Rock Fishing Safety Act 2016 Information Pack FINAL

2.          Rock Fishing Safety Act 2016

 


Council

7 August 2019

Item 11.2 - Attachment 1

Rock Fishing Safety Act 2016 Information Pack FINAL

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

7 August 2019

Item 11.2 - Attachment 2

Rock Fishing Safety Act 2016

 


 


 


 


 


 


 


Council 7 August 2019

Item 11.3

 

11.3. Road opening/closing of a portion of Council public road reserve on Reedy Swamp Road, Bega     

 

Council has received a request from the owners of Lot 108 DP 750190 to progress a road opening/closing of a portion of Reedy Swamp Road, Bega to rectify the current road alignment encroachment issues.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council approve in principle the proposal received from the applicants for the opening/closing of the Council public road reserve through their landholding being Lot 108 DP 750190 at Reedy Swamp Road, Bega.

2.    That Council Officers commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received Council, by notice published in the Government Gazette, formally close the surplus public road reserve concerned.

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closing and subsequent land swap with the applicant for the creation of a new Reedy Swamp Road reserve reflecting the current position of the road for nil compensation.

6.    That Council cover their own legal costs capped at $3,500 with all other costs associated with the road opening/closing processes to be borne by the applicants.

 

Executive Summary

The section of road reserve proposed for road opening/closing is located within the property boundaries of Lot 108 DP 750190 on Reedy Swamp Road, Bega.  As noted on the attached plans, the constructed road is set outside the dedicated road corridor and there is a building encroaching the dedicated road corridor, which needs to be rectified. 

Council approval is being sought to commence the road opening/closing assessment process under Division 3 of the Roads Act 1993 (NSW) to rectify this issue.

Background

The applicants originally approached Council in 2017 to progress a road opening/closing of the portion of Reedy Swamp Road, Bega traversing through their land holding, to rectify the road alignment encroachment issues.  At the time Council officers advised the applicants that a formal identification survey from a registered surveyor would be required to formally identify the exact location of the building within the road corridor.

In November 2018 the applicants provided Council with a formal identification survey identifying the exact location of the building within the road corridor and requested the road opening/closing be progressed.  The section of road corridor was formally transferred to Council’s responsibility via Government Gazette dated 21 December 2018. 

Council officers engaged registered surveyors, to prepare a centre line survey plan for the section of road corridor within Lot 108 DP 750190 which is attached for the information of Councillors, to confirm the road alignment encroachment issues through the entire parcel.  A status search of the road reserve has also been conducted to confirm the dedication as Council public road reserve.

A diagram of the section of road corridor within Lot 108 DP 750190 appears below for the information of Councillors.

From 1 July 2018, all NSW Councils were given power to close a Council public road, pursuant to Part 4 Division 3 of the Roads Act 1993 (NSW) (Act), however the vesting of Council roads on closure process remains unchanged by the amendments to the Act.  When a constructed Council public road is closed, it remains vested in Council and Council may facilitate the subsequent sale of the land and receive the proceeds of sale. 

As the NSW Department of Industry – Lands and Water (the Department) no longer has the power to close unconstructed Council roads, Councils are required to process the closure of suitable unconstructed Council public roads even though the roads will vest in the Crown upon closure.

In this case it is Council officers’ intention to provide the Department with written declaration of road construction within the road corridor, to allow a land swap arrangement with the applicants for the portions of their land parcel burdened by the track in use, and required for formal road opening.  Council has full maintenance responsibility for Reedy Swamp Road, Bega which will continue into the future.

Options

The options available to Council are:

1.    Council approve the proposal received from the applicants for the opening/closing of the section of road corridor within Lot 108 DP 750190 at Reedy Swamp Road, Bega to rectify the current road alignment encroachment issues; OR

2.    Council advise the applicant that the proposed road opening/closing is not supported.

Community Engagement

Consultation undertaken

Council Property officers have consulted with the applicant regarding the formal road opening/closing process and have referred the application to internal officers to determine the suitability of the road opening/closing. 

Registered surveyors have been engaged to prepare a centreline survey plan of the road formation of Reedy Swamp Road, Bega which is attached for the information of Councillors.

Consultation Planned

Under section 38B of the Act, notification of the proposal to close a Council public road must be published in a local newspaper and be given to all owners of land adjoining the road, and all notifiable authorities as prescribed by the Regulations.

The notice must identify the road that is proposed to be closed and must state that any person is entitled to make submissions to the Council with respect to the closing of the road, and must indicate the manner in which and the period (being at least 28 days) within which, any such submission should be made.

Financial and resource considerations

When the applicants originally approached Council, in 2017, regarding the road opening/closing request they were advised that a recommendation would be made to Council to cover our own legal costs in this matter.  Given this advice was given to the applicants, officers are recommending Council honour this agreement and cover our own legal costs capped at $3,500.

The applicants will be responsible for all other costs associated with the road opening/closing process, subsequent transfer and their own legal costs incurred to finalise this matter. 

Legal /Policy

If consent is granted to the proposed road opening/closing, Council's Property officers will complete the road closure assessment process under Division 3 of the Act and by notice published in the Government Gazette, formally close the sections of public road reserve traversing through the private land parcel.  A plan of first title creation will be prepared and registered at Land Registry Services, with title transferred to the applicant.

The sections of road reserve over the current track in use will be formally opened as Council public road via registration of a road opening plan to rectify the encroachment issues on this section of Reedy Swamp Road.

The applicants will be required to execute a formal Deed of Agreement which details the land swap agreement and provides that upon transfer, the portions of closed road will be consolidated with the applicant’s adjoining parcel of land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

Public road encroachments onto private land can pose many problems and diminish Council’s ability for good governance and increase liability risks for Council and the public. Although there are numerous encroachments throughout the Shire this situation is relatively unique in that a permanent structure has been constructed within the road reserve.

 

Attachments

1.          Reedy Swamp Road plans


Council

7 August 2019

Item 11.3 - Attachment 1

Reedy Swamp Road plans

 


 


Council 7 August 2019

Item 11.4

 

11.4. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 3 July 2019.

 

Director Assets and Operations  

 

 

Officers Recommendation

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

Eden Whale Festival, 1-3 November 2019

1.      That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street between 9.00am and 10.00am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

2.      That, subject to conditions, Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10.00am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

3.      That, subject to conditions, Hosies Road, Eden between the intersections of Bass Street and Aslings Beach Road and Aslings Beach Road, Eden between the intersections of Hosies Road and Mitchell Street, be temporarily closed from 10.30am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

4.      That, subject to conditions, Aslings Beach Road, Eden be temporarily closed between the intersections of Mitchell Street and Barclay Street from 10.45am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

5.      That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 11.00am to 1:00pm on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

6.      That, subject to conditions, Imlay Street, Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street between 8.00am and 12.00pm on Sunday, 3 November 2019 for the Eden Whale Festival Hot Rod Show and Shine car display.

7.      That the proposed events be deemed Class 2 Special Event and be conducted under approved Traffic Control Plans, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

10.   That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

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

12.   That the event achieves all conditions of Council’s Use of Public Land approval.

 

 

Intersection of Imlay Street and Bramble Street, Eden – No Stopping Zone

1.      That Council approve the installation of a “No Stopping” zone on the eastern side of the intersection of Imlay Street and Bramble Street, Eden commencing at the intersection point, for a distance of 32 metres along Bramble Street and commencing at the intersection point for a distance of 20 metres northerly along Imlay Street.

2.      That Council approve the installation of an “Entry/No Exit” sign at the entry point to Rotary Park off Bramble Street, Eden.

3.      That Council approve the installation of a “Give Way” sign at the intersection of Imlay Street and Bramble Street, Eden (western leg).

Zingel Place, Bega – Pedestrian Crossing

That Council approve the installation of a pedestrian crossing in the vicinity of the access to the Bega Valley Shire Council Administration Building, Zingel Place, Bega.

 

Executive Summary

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

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

The recommendations relating to the Eden Whale Festival and No Stopping Zone at the intersection of Imlay and Bramble Streets, Eden were supported unanimously by the Committee.

The Zingel Place Pedestrian Crossing recommendation had majority support from the Committee, with NSW RMS electing not to support an informal pedestrian crossing.  The Committee discussed that it was difficult to meet the RMS Warrants for installation of an approved zebra crossing in regional areas. Council is proposing to install the informal pedestrian crossing as a trial and its effectiveness will be monitored.

The recommendations in this report are a direct reflection of the recommendations from the Bega Valley Local Traffic Committee.

 

Attachments

1.          Eden Whale Festival Street Parade Traffic Control Plans

2.          Eden Whale Festival Hot Rod Show and Shine Traffic Control Plan

3.          Intersection of Imlay Street and Bramble Street, Eden Plan and Photographs

4.          Zingel Place Pedestrian Crossing Plan

 


Council

7 August 2019

Item 11.4 - Attachment 1

Eden Whale Festival Street Parade Traffic Control Plans

 


 


 


 


 


 


Council

7 August 2019

Item 11.4 - Attachment 2

Eden Whale Festival Hot Rod Show and Shine Traffic Control Plan

 


Council

7 August 2019

Item 11.4 - Attachment 3

Intersection of Imlay Street and Bramble Street, Eden Plan and Photographs

 


 


Council

7 August 2019

Item 11.4 - Attachment 4

Zingel Place Pedestrian Crossing Plan

 


Council 7 August 2019

Item 11.5

 

11.5. Hanscomb Creek and Johnson Creek Bridges, Garfields Road, Numbugga.      

 

This report provides a further update and recommendations to Council in response to an earlier deputation by Mr Phillip Chadwick on 29 May 2019, representing the property owners affected by the Council Resolution to handover responsibility of the assets (Hanscomb Creek Bridge and Johnson Creek Bridge) from Council to private landowners.

 

Director Assets and Operations   

 

 

Officer’s Recommendation

1.      That Council note the review of the options presented to Council and the high level cost estimates.

2.      That Council resolve to proceed with the implementation of Option four (4) - dispose of the existing Johnson Creek Bridge and replace it with a low level causeway and new approaches on the correct road alignment (requiring cadastral surveying).

3.      That Council note that Option four (4) does not provide all weather access in a flood event, the low level causeway bridge may result in a road closure until flooding subsides.

4.      That Council approve in principle the proposal for the opening/closing of the Council public road reserve through Lot 7 DP 819196 at Garfields Road, Numbugga.

5.    That Council officers commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and the proposal be publicly advertised for a period of 28 days.

6.    That if any objections are received, a further report be prepared for Council’s consideration.

7.    That if no objections are received Council, by notice published in the Government Gazette, formally close the surplus public road reserve concerned.

8.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the proposed road opening/closing as outlined in Option four (4) below.

9.      That all costs associated with the road opening/closing processes, payment of compensation in accordance with a formal market valuation for the sections of road reserve over the current track in use, will be payable by Council.

 

Executive Summary

A deputation on 29 May 2019 by Mr Philip Chadwick, requested a further option be investigated by Council officers for the Hanscomb Creek and Johnson Creek Bridges, Garfields Road which was considered and supported by a Council Resolution.

This report provides a review and high level cost estimate of options for Council’s consideration which includes the high level concrete box culvert option, as requested by Mr Chadwick.

A number of supporting Recommendations are also made for Council to formally resolve the matter of maintaining infrastructure (Hanscomb Creek Bridge and Johnson Creek Bridge) outside the road reserve at this location.

Upon review of the options available which are discussed further in this report, and on the basis Council did not support the earlier Council officers’ recommendations in previous Council reports, it is therefore recommended that Option four (4), dispose of the existing Johnson Creek Bridge and replacement with low level causeway, is adopted.

It is considered that Option four (4) addresses the issues as raised by Mr Chadwick on behalf of the affected landowners in his deputation other than the all-weather access requirement, which in flood event would result in a road closure until flooding subsides and provides the best whole of life cost benefits to Council.

Should Council determine that the reduced level of service to the Bridge in a flood event is an unacceptable outcome, either Option one (1) or Option two (2) would address the all-weather access issue but come at a greater capital outlay impost to Council.

Any commitment to expenditure in excess of the $300,000 currently allocated in the 2020 Bridges Program – Garfields Road bridge work, would need to be funded from alternative sources, or other 2020 programmed bridge works would need to be deferred.

 Background

Major maintenance and repairs are required to Johnson Creek Bridge and Hanscomb Creek Bridge.

Sections of the Garfields Road formation are located on private property and are not contained within a road reserve. These boundary alignments date from the late 1800s to the early 1900s and bear little relationship to the existing location of the road and bridge infrastructure within current property boundaries.

The Johnson Creek Bridge provides access to two properties that can also be accessed via the Snowy Mountains Highway and the eastern section of Garfield Road. The Hanscomb Creek Bridge approaches are not within a road reserve and the Bridge itself is located wholly upon private land, this being Lot 7 DP 819196.

At the Council meeting of 13 December 2017, Council considered a report on the Scheduled Maintenance of Hanscomb Creek Bridge and Johnson Creek Bridge, Garfields Road.  Council resolved:

1.    Handover responsibility of the assets from Council to private landowners, which would include:

a.    Discontinue maintenance on the private Section of Garfields Road between the driveways of Lots 221 and 222 in DP 1038247 and the western driveway of Lot 7 in DP819196.

b.    Dispose of Johnson Creek Bridge, by dissembling and abandoning.

c.    Gift Hanscomb Creek Bridge to the owner of Lot 7 in DP819196.

d.    Close the section of Garfields Road, from the private section to west of Johnson Creek Bridge and dispose to adjoining landowner.

2.    Re-allocate the funding to other priority projects in the 2019 Timber Bridge Renewal Programme.

3.    That the motion carried to the Ordinary Meeting be:

That the recommendation of the Closed Session be noted and that discussion with private landowners be undertaken by Council staff.

Council officers have since met with the affected landowners and received their correspondence objecting to the Council Resolution.

A report was prepared for the Council meeting of 29 May 2019 and in response to the report Mr Phillip Chadwick, representing the property owners affected by the proposal, made a deputation to Council.

Council subsequently resolved:

That the matter be deferred for a further report to Council with the report to include an outline of the implications of implementing the proposals addressing the matters raised in the deputation provided at 29 May 2019 Ordinary Council meeting.

Council officers have reviewed the matters raised in the deputation and the feasibility of an all-weather, single lane box culvert option, as proposed by Mr Chadwick, at Johnson Creek Bridge with the closing of Hanscomb Creek Bridge by gating to the east of that bridge.

The proposed box culvert alignment would need to be on either the location previously identified for the low level causeway, or on the current alignment and ensure heavy vehicles can access both owners’ properties and is a feasible option for consideration by Council although it would be a considerable financial implication when compared to other options.

Options

Council officers have reviewed the options available for Council consideration which are summarised below:

Option 1: Replace the existing Johnson Creek Bridge with a high level concrete box culvert structure

This was the option requested by Mr Chadwick to be considered by Council. While no hydraulic design has been undertaken, a four-span structure with openings 3.6m wide x 3.6m high has been considered appropriate for this location.

This should provide a flood capacity similar to the existing Bridge and would provide a nominal 100 year asset life. This structure could be constructed in the existing road reserve and has a concept cost estimate of $511,000.

As the catchment is substantially cleared, there would be less risk of tree debris surcharging and damaging a box culvert structure, making it an acceptable option. 

If this option was adopted, it would require a full hydraulic design to be completed in order to provide a more robust cost estimate.

Smaller box culverts would be a cheaper option, but there is a risk these may not achieve the ‘all-weather’ requirement.  The existing Bridge has a significant approach embankment which will require maintenance and was therefore not considered further as a viable option.

This option would require:

·    That Council formally closes the existing road by gating to the east of Hanscomb Creek Bridge.

·    That Council authorises the survey and adjustment of boundaries in accordance with available legislation, including payment of compensation, where appropriate.

Option 2: Replace the existing Johnson Creek Bridge with a concrete bridge structure

This option was reviewed as it has a comparable cost with the new box culvert. It forms the same desire of an all-weather access and has a concept cost estimate of $522,000.

This structure would provide a nominal 100 year asset life and lessen the risk of tree debris surcharging.

 

This option would require:

·    That Council formally closes the existing road by gating to the east of Hanscomb Creek Bridge.

·    That Council authorises the survey and adjustment of boundaries in accordance with available legislation, including payment of compensation, where appropriate.

Option 3: Maintain the existing Johnson Creek Bridge

Option 3, as reported in the Council on the 29 May 2019, is a course of action to maintain Johnson Creek Bridge and gift Hanscomb Creek Bridge to the landowner of Lot 7 DP 819196.

Renewal estimates of Johnson Creek Bridge are $150,000 but would require ongoing maintenance for the life of the asset and result in a higher whole of life costs than a full bridge renewal. 

Road tenure would need to be addressed in this option for the road between the Snowy Mountains Highway to, and including, Johnson Creek Bridge.

This option addresses the land tenure issue for Council and ensures access is maintained to the landowners via Johnson Creek Bridge.

It addresses the landowners’ concerns that Council provide and maintain an all-weather, heavy vehicle, access to the landowners.

Option 4: Replace Johnson Creek Bridge with low level causeway

Option 4 was reported to Council on the 29 May 2019. This option is to dispose of the existing Johnson Creek Bridge and replace it with a low level causeway and new approaches on the correct road alignment (requiring cadastral surveying).

This option would provide for a longer life of the Council asset than maintaining the existing Bridge, while maintaining access to the landowners however, it would be subject to minor flooding.

Anecdotal Council officers’ knowledge of the drainage systems suggests the flooding only lasts for a small number of hours before subsiding.

This upgrade is estimated at $200,000 and would be subject to detailed geotechnical investigation.

This option addresses the tenure issue for Council and ensures access is maintained to the landowners via the Johnson Creek causeway. It addresses the landowners’ concerns that Council provide and maintain a heavy vehicle access to their properties.

However, it does not provide an all-weather access as requested by the adjacent property owners. In flood event it would result in a road closure during flood events for a number of hours until flooding subsides.

From 1 July 2018, Councils were given power to close a Council public road, pursuant to Part 4 Division 3 of the Roads Act 1993 (NSW) (the Act), however the vesting of Council roads on closure process remains unchanged by the amendments to the Act.  When a constructed Council public road is closed, it remains vested in Council and Council may facilitate the subsequent sale of the land and receive the proceeds of sale. 

As the NSW Department of Industry – Lands and Water (the Department) no longer has the power to close unconstructed Council roads, Councils are required to process the closure of suitable unconstructed Council public roads even though the roads will vest in the Crown upon closure.  In this case as the section of road corridor to the east of Johnsons Creek bridge is unconstructed it would vest in the Crown upon closure and the landowners would be required to negotiate a sale with the Crown.  A status search of the road reserve within the property boundaries will need to be undertaken to confirm the road dedication and whether the creek is considered to be under the jurisdiction of the Crown as a water way.

Option 5: Handover full responsibility of the assets from Council to private landowners

This option as originally proposed by Council officers in 13 December 2017 and includes:

·    Discontinue maintenance on the private Section of Garfields Road between the driveways of Lots 221 and 222 in DP 1038247 and the western driveway of Lot 7 in DP819196.

·    Dispose of Johnson Creek Bridge, by dissembling and abandoning.

·    Gift Hanscomb Creek Bridge to the owner of Lot 7 in DP819196.

·    Close the section of Garfields Road, from the private section to west of Johnson Creek Bridge and dispose to adjoining landowner.

This option would provide the least overall cost/financial impact to Council however has implications upon the property owners and was the subject of deputation by Mr Chadwick and was not previously supported by Council in the previous Council Reports.

 Option 6: Do Nothing

This is not a viable option as both Johnson Creek Bridge and Hanscomb Creek Bridge require major maintenance and repairs.

Community Engagement

Consultation undertaken

Consultation has been undertaken with the two effected property owners and Essential Energy.

To date, there has been no wider community engagement on this matter.

Consultation Planned

Under section 38B of the Act, notification of the proposal to close a Council public road must be published in a local newspaper and be given to all owners of land adjoining the road, and all notifiable authorities as prescribed by the Regulations.

The notice must identify the road that is proposed to be closed and must state that any person is entitled to make submissions to the Council with respect to the closing of the road and must indicate the manner in which, and the period (being at least 28 days) within which any such submission should be made.

Financial and resource considerations

The 2020 Bridges Program currently has $300,000 allocated to non-specific Garfields Road bridge works, pending Council Resolution. 

Any commitment to expenditure in excess of the $300 000 currently allocated, would need to be funded from alternative sources or other 2020 programmed bridge works would need to be deferred or form part of the Quarterly Budget Review (QBR) process.

Legal /Policy

Hanscomb Creek and Johnson Creek Bridges and approaches are not within the road reserve designated as Garfields Road.

This tenure issue impacts on Council’s operations as it is undertaking activities on private land. It is necessary to determine a course of action to address potential risks to Council, under the Civil Liability Act 2002, if no action is taken to address road tenure on Garfields Road.

If consent is granted to the proposed road opening/closing, Council's Property officers will complete the road closure assessment process under Division 3 of the Act and by notice published in the Government Gazette, formally close the sections of public road reserve traversing through the private land parcel.  A plan of first title creation will be prepared and registered at Land Registry Services, with the land owners being required to negotiate a sale with Crown for the portions of closed road.

The sections of road reserve over the current track in use will be formally opened as Council public road via registration of a road opening plan to rectify the encroachment issues on this section of Reedy Swamp Road.  A formal market valuation will be required to be obtained and Council will need to pay the land owners compensation for the portions of land required for the road opening.

The applicants will be required to execute a formal Deed of Agreement which details the agreement and provides that upon transfer, the portions of closed road will be consolidated with the landowner’s adjoining parcel of land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There is no adopted strategy for this particular issue.  It should also be noted there is a broader issue regarding the significant amount of Council’s transport infrastructure which may not be located in the Road Reserve throughout the Shire.

Economic

Lifecycle or whole of life costing should be taken into consideration when deciding on the best option for asset renewal.

The Option one (1) and Option two (2) presented in this report have capital cost estimates of around $500k with Option three (3) and Option four (4) having lower capital cost estimates but have several pros and cons which should be considered, including ongoing maintenance liability and reduce level of service in flooding events.

Risk

Both the Johnson Creek and Hanscomb Creek Bridges generate risk for Council in that as best can be determined without a boundary definition survey, they are both located on private property with no formal land tenure arrangement in place to protect the asset. 

If the issue around tenure is unresolved, Council may be at risk of public liability claim action from the landowner if an incident were to occur with a Council asset being located on private land and noting that both bridges are in need of major maintenance and repair work.

Council is also currently undertaking operational works on land that is privately owned with no formal agreements in place.

 

 

Attachments

1.          View 1 Hanscomb Creek Bridge and Johnson Creek Bridge Numbugga map of locations bridges and garfields road

2.          View 2 Hanscomb Creek Bridge and Johnson Creek Bridge Numbugga map of locations bridges and Garfields Road

3.          Attachment 1 

4.          Attachment 2  

 


Council

7 August 2019

Item 11.5 - Attachment 1

View 1 Hanscomb Creek Bridge and Johnson Creek Bridge Numbugga map of locations bridges and garfields road

 


Council

7 August 2019

Item 11.5 - Attachment 2

View 2 Hanscomb Creek Bridge and Johnson Creek Bridge Numbugga map of locations bridges and Garfields Road

 


Council

7 August 2019

Item 11.5 - Attachment 3

Attachment 1

 


 


 


Council

7 August 2019

Item 11.5 - Attachment 4

Attachment 2

 


 


Council 7 August 2019

Item 11.6

 

11.6. Proposed new road name: Jacaranda Place     

 

The purpose of this report is to detail the outcome of the Public Exhibition process recently undertaken regarding the proposal to name a new road located off Mirador Drive in Mirador.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council approve the proposal to name the new road off Mirador Drive as Jacaranda Place.

2.      That the Geographical Names Board of NSW be requested to formally Gazette the new road name as Jacaranda Place.

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 road associated with an approved subdivision under Development Application (DA 1989.1180).  The proposed name was selected from Council’s list of pre-approved road names and was processed in accordance with Council’s Road Naming Procedure 4.04.1 and advertised on Council’s website.  One submission was received which requires the matter be reported to Council for determination.

Background

Development Application (DA 1989.1180) has been approved for a subdivision off Mirador Drive in Mirador and Council received a request from the developer to formally name a new road associated with the subdivision.  The new road proposed under this Development Application will serve as the main point of access to the subdivided land parcels located off Mirador Drive in Mirador.

The road name proposed by the developer was selected 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 and at the conclusion of the Public Exhibition period, one submission was received.

The submission received was as follows:

Submission

This submission suggests the name is a botanical name for a tree but holds no relevance or association to Australia or Mirador.

The writer quoted from Captain James Cook and Joseph Banks and has offered the suggestion of Joseph Banks as an alternate road name.

Options

The options available to Council are:

1.    Proceed with the road naming of Jacaranda Place as proposed by the developer;

2.    Proceed with an alternate name as selected by the developer.

In accordance with Council’s Road Naming Procedure 4.04.1, the use of first names in conjunction with a surname is not acceptable for road naming, therefore Council is unable to proceed with the name as suggested by the submission.

Furthermore, Banks Street already exists within the Bega Valley Shire Council Local Government area, so Council is unable to proceed with this road name as an alternate suggestion.

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 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 road as Jacaranda Place.

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.          Road Naming Submission Jacaranda Place - Redacted information

2.          Map showing the location of proposed new Jacaranda Place

 


Council

7 August 2019

Item 11.6 - Attachment 1

Road Naming Submission Jacaranda Place - Redacted information

 


Council

7 August 2019

Item 11.6 - Attachment 2

Map showing the location of proposed new Jacaranda Place

 


Council 7 August 2019

Item 11.7

 

11.7. Feedback from Candelo Community Meeting     

 

This report outlines feedback from community meeting held in Candelo regarding the future of the Candelo Town Hall/Café building on Wednesday 17 July 2019.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

That Council note the contents of the report and the community views and the key outcomes and actions by Council officers.

 

Executive Summary

A community meeting attended by approximately 85 people was held in Candelo on Wednesday 17 July 2019 regarding the future of the Candelo Town Hall/Café building in accordance with Council Resolution from the Council meeting of 29 May 2019.

The community meeting was advertised via various media channels including flyers, Bega Valley Shire Council (BVSC) Facebook page, Bega District News and 2EC and ABC radio.

The meeting was mostly a positive one, with excellent community participation and attended by various Council officers and the Deputy Mayor along with several Councillors.

Background

A report to Council on the 29 May 2019 sought approval to terminate the lease for the Town Hall Café and make an application to Crown Lands and Department of Premier and Cabinet to modify the Town Hall/Café building for future use by the community.

Following a deputation by a member of the public, Council subsequently resolved:

·    That Council approve the termination of the current Lease pursuant to section 39(c) of the Retail Leases Act 1994 (NSW) and proceed with debt recovery action for the rental arrears owing. 

·    That Council make an application to Crown Lands and the Department of Premier and Cabinet for approval to modify the Town Hall/Café building for future use by the community.

·    That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action.

·    That a community meeting be held in Candelo to discuss additional uses of the Town Hall/Café building, opportunities of uses of the bowling club and traffic movements in the town.

In accordance with the Resolution termination of the Lease has now been finalised and pursuant to clause 23.4 of the Lease assets that remained in the café have now reverted to Council. Council can deal with these items  by way of sale or disposal and this has been accepted by the Lessee. Council officers will commence debt recovery action to recover all arrears prior to deciding how to deal with these assets.

The resolved community meeting was held in Candelo on Wednesday 17 July 2019.

Community Engagement

Consultation undertaken

A community meeting attended by approximately 85 people was held in Candelo on Wednesday 17 July 2019.

The community meeting was advertised via various media channels including flyers, BVSC Facebook page, Bega District News and 2EC and ABC radio.

The meeting mostly a positive one, with an excellent community participation and attended by various Council officers and the Deputy Mayor along with several Councillors.

 

Below are the key outcomes from the community meeting:

 

1.    Town Hall/Café

 

The management of the Café and Hall to be managed by the Hall Committee on behalf of the community.

 

a.    The view is the Café space can be flexible in order to serve the community, needs and be a potential additional source of revenue for the Hall Committee through bookings.

b.    The existing Funding Deed scope for the Kitchen Refurbishment needs to be varied to relocate existing kitchen and move to committee room, store room and existing café kitchen (these spaces are to be combined into a larger more flexible space).

c.     The existing Funding Deed timeframe extension to be requested - it was suggested a 6 months extension be applied for to allow adequate planning and ensure best results for the community can be realised.

d.    It was noted the existing State funding may not be able to cover the entire scope of the kitchen refurbishment. The Hall Committee advised they have some funds to contribute and will approach other groups in the community to assist for any shortfall.

e.    It was noted a separate project to address the drainage subsoil issues of the building is a critical project and its funding is subject to a separate Grant submission which is due to be determined in August 2019.

f.     There were no negative comments raised on the future use of the Hall and Café by any in attendance at the meeting.

2.    Candelo Bowling Club 

 

a.    The future of the Bowling Club was not discussed at the meeting and will be the subject of a separate meeting in August 2019.

 

3.    Traffic Movements

 

a.    The community understood that Black Spot funding was being sought by Council to look at improving safety on William Street in Candelo, the Candelo Bega Road and the Candelo Wolumla Road. Currently there is no funding in place and any future works will be dependent upon securing this funding.

b.    Providing a safe access for the school into the park was a large issue for the community and seen as a priority to address.

c.     The community was supportive of slowing traffic on William Street and accepted the idea of Wombat Crossings and other line marking measures to achieve this as an outcome.

d.    The community raised concerns over the Candelo Bega Road and the Candelo Wolumla Road being used as a ‘rat run’ to bypass the Princes Highway for heavy vehicle and tourist/commuters. 

e.    The community raised concerns about the speed of vehicles using the back streets as an alternative route to the Candelo Wolumla Road.

f.     The community raised concerns over lack of connectivity of footpaths to the showground and other outlying streets in the township.

g.    The community raised concerns over Heavy Vehicle usage and the weight limits on the roads with some conflicting opinions within the community.  However, the consensus was local business heavy vehicle usage was acceptable but long haulage vehicles moving through the town was not an acceptable outcome.

h.    The community understood there is a legislative issue that needs to be changed by RMS to enable Council to address this issue. Whilst they understood this issue they did not necessarily accept it.

Key Outcomes and Actions

Council officers will commence working with the Hall Committee to progress an application to Crown Lands and Department of Premier and Cabinet to modify the Town Hall/Café building for future use by the community.

Council officers will commence working with the Hall Committee to modify the current Funding Agreement scope and deadlines to relocate existing kitchen and combine the committee room, store room and existing café kitchen into a larger more flexible kitchen space.

Council officers will continue to look at the long term traffic issues and concerns as raised by the community. Any future works to the traffic network will be dependent upon Black Spot Funding outcome or be incorporated into future years Capital Works Programs noting no work is currently programmed for the 2019/20 year in the Candelo township.

Attachments

Nil

 


Council 7 August 2019

Item 11.8

 

11.8. Short Point Headland Seating and Signage     

 

This report provides an update on the Short Point Coastal Accessibility project specifically related to feedback from the project stakeholder group notification on the element of the headland seating, interpretive signage and sunlounge seating.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council receive and note the information in the report.

2.      That Council endorse the design for the Short Point headland seating and interpretative signage and installation of sunlounge elements subject to the amendments recommended in the summary table in the report.

3.      That Council endorses the approach for officers to inform and work with identified project stakeholder groups as project design work progresses and consider and balance feedback in the context of the membership of stakeholder group and the project deliverables.

 

Executive Summary

The plans for the Bega Valley Shire Council (BVSC) Coastal Accessibility Projects for Short Point, Bruce Steer Pool and Pambula Beach Reserve have been adopted by Council. The Plans are an example of master planning and provide guideline on the mix of facilities and general layout to balance the project objectives at each site.

This type of planning, identifying and balancing key user needs and opportunities at each site, has proven effective and has resulted in significant grant funding to deliver the works identified in the Plans. Copies of the Plans are available on Council’s website.

The endorsed Plans provide an agreed concept at the time they were completed. Some elements are relatively straight forward, and some other elements require more detailed site assessment and planning prior to construction.

For each site there is a stakeholder group representing key user and community groups and neighbours. These stakeholder groups are informed and consulted with on design elements as projects progress. 

In progressing with the detailed design work and stakeholder notification, it is noted feedback on design appearance can sometimes be subjective, in that people have differing tastes. It is often difficult to accommodate the preferences of all stakeholders and still achieve project timeframes and budgets.

If there is consistent feedback from a significant proportion of the stakeholder group, Council officers will certainly take that on board. If there is limited feedback or feedback from a relatively small number from the stakeholder group, it is generally an indication of general acceptance of what has been proposed, or limited interest in that element.

The key in implementing the endorsed plans, is balancing ‘fit for purpose’ functionality, aesthetics and cost to deliver the identified project outcomes within agreed timeframes. A summary table of feedback is included in the report relating to the design of the Short Point Headland seating and signage aspect of the Short Point project.

Background

The proposal is based on providing simple functionality, a seating area and interpretive information.  Clear feedback from the consultation during the endorsement of the Coastal Accessibility Plan was to not over develop and keep elements simple. The aim is to provide simple facilities, seating and interpretive signage to improve visitor experience at the popular ocean lookout area.

The basic elements needed include:

·    hard stable surface in what will be a higher use area;

·    a seat; and

·    interpretive signage.

Another important consideration is to acknowledge that the area is culturally sensitive and to ensure excavation into natural ground is kept to a minimum. 

The attached simple design was developed by Council officers and drafted by a qualified draftsperson.

Simple materials and shapes have been planned in keeping with elements used elsewhere on the site. These include hardwood timber box seating and grey coloured concrete slab. The size is related to accessibility clearances around the seating, the shape is related to the recently completed timber viewing platform.  A summary of the reasons for use of elements and materials is provided below:

Concrete:  Concrete is consistent, level, flat, durable, low maintenance and cost effective. Concrete is recommended for consistency, durability, useability, lower excavation (at this site) and cost. It has been and will be used elsewhere in the project.

Interpretive blade sign: The whale information sign provides interesting, educational information very relevant to the site. It will add to and improve experience for users. The vertical ‘blade’ type sign is able to be read by multiple people from different sides at one time. The ‘fin’ shape is a good example of an interpretive element, reflecting a relationship between the sign shape and content.

Timber box seat: The box timber seating element is consistent with the recently completed timber viewing platform. 

Sunlounge seating: The proposed seats are an available, off the shelf product to replace the existing ones which are in need of renewal. Materials match recently installed path seating and this design considers the backs of the seats will be a visible element. The product is a cost effective option and has a 25-year structural manufactures’ warranty. 

Community Engagement

Consultation undertaken

The Short Point stakeholder group includes representatives from Short Point Caravan Park; Merimbula Beach Holiday Park; Merimbula Chamber of Commerce; Merimbula Special Events; Merimbula Tourism Inc; Merimbula Rotary; Sapphire Coast Boardriders; BVSC Access Committee; and the Local Aboriginal Land Council.

The group represents a very broad community membership with a wide range of interests in the site. The proposal was forwarded to the stakeholder group with an overview of the key points noted. The email also included information on replacement sunlounges for the area in the front of the carpark. The information was also forwarded to all Councillors. In all the information was distributed to more than 25 people representing a broad section of the community. 

Council consideration of input

Feedback from five (5) people from the stakeholder group was received. In addition, comments were received form one Councillor. A summary of items, times they were raised, officers’ comments and recommended amendments is provided below.

Summary - Short Point Headland Seating and Signage Feedback

Item / Theme

Times raised

Council Officers Comment / Recommendation

Request information on materials - Timber species and steel.

1

Materials are selected considering and balancing whole of asset life, capital cost, available budget and product warranties provided by manufacturers. Box bench timber is ironbark. Seating frames are powder coated alloy with stainless vandal proof fixings (lifetime structural warranty) same as already used along the path. No change recommended.

Sunlounge accessibility. Consider height and grab rail.

2

Feedback is noted, and thought will be given to options to improve ease of use where practical; noting that sunlounges are not intended to be an 'accessible' element. The Plan includes accessible compliant seating on promenade viewing areas.

Seat size too large. Suggest lesser profile seat. Alternate seat design.

3

Comment noted. Bench height is as per seating and accessibility standards. Refer to the attached seating mock up photos. Due to the downward aspect of the approach, the seat will have little effect on the predominant view. Amending design to not have timber to the ground will give the bench less ‘bulk’. Examples of lower-profile curved seats are attached.

Recommend similar to proposed in design, with reduced scale / profile. 

Thanks for the info and update.

3

Noted

Need and reasoning for blade sign. 

3

The whale information sign provides interesting, educational information very relevant to the site. The vertical ‘blade’ type sign is able to be read by multiple people from different sides at one time. The ‘fin’ shape is good example of an interpretive element reflecting a relationship between the sign shape and content. While it will be seen, in the scale and context of the site it will have very limited impact on views. It will add to and improve experience for users.

Don't over-do it. Keep it simple.

2

The proposal is based on providing simple functionality, a seating area and interpretive information.  The basic elements needed include hard stable surface in what will be a higher use area, a seat and interpretive signage. The aim is to provide these facilities in a simple way, consistent with other elements on site. 

Concrete pad seems overkill. Suggest alternate material - Diamond grid.

2

Concrete is recommended for use in high wear areas as it is consistent, level, flat, durable, low maintenance and cost effective. It has already been and will further be used elsewhere in the project. Grey colouring is used to lessen visual impact.

Diamond grid can be a useful product but not recommended in this instance and in certain applications can wash out in the top, as people (i.e. on walkers) can trip on the exposed plastic grid edges. Example is a path in Fishpen. A stable fill material (i.e. decomposed granite) will compact and water can get caught and pool in the grids. Concrete is recommended for consistency, durability, useability. 

Suggest increase sculptural quality

1

There was no intent to make a sculptural statement with these works. There is direction to keep design simple and not over develop. There is opportunity for more sculptural elements in the promenade area. 

Seating plan is disjointed

1

Seating is simple and reflects the adopted Plan. Multiple seating areas are intended to give space between seating areas.

Sunlounge Suggest no slab / alternate material under.

1

These will be popular items and high wear areas. Concrete is recommended. Grey colouring is used to lessen visual impact.  Could trial decomposed granite (material used in headland path) noting comments above, noting there is a risk and may need concrete if issues arise.  Recommend the use of concrete as base material.

Consultation Future

Continuing to update, inform and receive feedback from stakeholder groups is an important part of project delivery. It is important to understand, however, that it is not possible to include all ideas and comments at all steps in a project like this. For projects to progress in terms of all deliverables, feedback needs to be considered and balanced in the context of the membership of stakeholder group (representing the broader community) and all project deliverables.

Financial and resource considerations

Option Cost 

 

Amount

Works as proposed 

$

7,500

Works inc. alternate curved seating (Street Furniture Australia) 

$

10,000

Works inc. custom piece of sculptural park furniture suited to location. (est)

$

12,000

 

In addition to the above direct infrastructure costs, considerable Council officers time has been involved in liaising with interested parties on the design. As a consequence Council officers are impacted in their ability to deliver on ground actions. It is intended this report will provide clear direction to move forward.

Legal /Policy

The adopted BVSC Leisure and Recreation Policy 1.08 encourages development of fit for purpose, well used assets that ‘provide access and enable people to enjoy the environment we live in’.

Short Point is a culturally significant site. As such an Aboriginal Cultural Heritage Assessment Report (ACHAR) has been prepared and an Aboriginal Heritage Impact Permit (AHIP) obtained via the Office of Environment and Heritage (OEH).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The delivery of the Coastal Accessibility Plans is referred to in the adopted Community Strategic Plan (CSP). The following CSP goals actions are relevant. 

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

Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live

Related actions:

·    Plan and manage recreation facilities, swimming pools and the Sapphire Aquatic Centre, sporting facilities, boating infrastructure and public toilets

·    Construct and maintain recreation facilities, swimming pools and the Sapphire Aquatic Centre, public toilets, boating infrastructure and sporting grounds and facilities

·    Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community

Asset Management

Installation of the bench and viewing areas will create additional assets that will need to be managed and replaced as required. It is a highly exposed area and the type of facility and materials needs to reflect this and balance the benefits these types of faculties have for locals and visitors.

Materials are selected considering and balancing whole of asset life, capital cost and available budget and product warranties provided by manufacturers.

Environmental / Sustainability

Protection and restoration of the coastal environment is one of the key objectives the Coastal Accessibility Plans, looking to manage and balance along with accessibility, heritage and recreation use. Defining paths and viewing areas is an import aspect of reducing unwanted access to sensitive areas.

Economic

Implementing the Coastal Accessibility Plans links strongly with improving facilities related directly to tourism.  This project provides particularly for the increasing market area of accessible tourism. Provision of quality recreation infrastructure at Short Point directly aligns with the coastal access project component of Council’s Infrastructure Prospectus; the Prospectus supports NSW’s target to double overnight visitor expenditure by 2020.

Risk

Budget – Increased design and specification for bespoke cultural items will inevitably lead to increased cost.

Program - With grant funding, there is a need to progress with the projects. Halting or delaying works can create uncertainty in project delivery and future grant applications.

Delivery – It was intended to undertake and complete works in conjunction with the works on the recently completed timber viewing platform. Due to need for additional reporting, the opportunity to complete the works has passed and works will need to be re quoted and re programmed. 

Expectations – Notification and consultation processes can raise expectations that Council will be able to deliver all suggested changes/desired outcomes to all different groups. Balanced consideration of constructive feedback to see improvements and enhancement across all objectives is the aim of the planning and notification process.

Construction - Standard construction risks which will be captured in the appointed contractors WHS documentation. No unusual or unreasonable risks are posed by the project.

Social / Cultural - Short Point is a culturally significant site. As such an Aboriginal Cultural Heritage Assessment Report (ACHAR) has been prepared and an Aboriginal Heritage Impact Permit (AHIP) obtained via the Office of Environment and Heritage (OEH). The conditions of the AHIP cover the works proposed in the Short Point Coastal Accessibility Plan. The headland area is identified as a culturally sensitive area. Construction methods to minimise excavation in natural ground are to be applied.

Options

1.    Progress with the design for the Short Point Headland Seating and Interpretative Signage and installation of Sunlounge elements subject to the amendments recommended in the summary table in the report.

2.    As per option 1 progress with the use an alternative off the shelf curved seat design.

3.    Begin a design process for a custom piece of sculptural park furniture.

4.    Defer work pending detailed landscape design of the carpark promenade area.

 

Attachments

1.          Short Point Signage Draft 5 - FINAL Sign 5 (Whale Side 1)

2.          Short Point Signage Draft 5 - FINAL Sign 5 (Whale Side 2)

3.          Example sunlounge (unisite wave seat)

4.          Short Point Headland Bench and Signage Mock Up

5.          BVSC SHORT POINT HEADLAND pad and bench 06.05.19

6.          Curved seats examples

 


Council

7 August 2019

Item 11.8 - Attachment 1

Short Point Signage Draft 5 - FINAL Sign 5 (Whale Side 1)

 


Council

7 August 2019

Item 11.8 - Attachment 2

Short Point Signage Draft 5 - FINAL Sign 5 (Whale Side 2)

 


Council

7 August 2019

Item 11.8 - Attachment 3

Example sunlounge (unisite wave seat)

 

 

 



Council

7 August 2019

Item 11.8 - Attachment 4

Short Point Headland Bench and Signage Mock Up

 


Council

7 August 2019

Item 11.8 - Attachment 5

BVSC SHORT POINT HEADLAND pad and bench 06.05.19

 


 


Council

7 August 2019

Item 11.8 - Attachment 6

Curved seats examples

 


 


Council 7 August 2019

Item 11.9

 

11.9. Proposed acquisition of land for Merimbula Service Road Extension     

 

This report provides an update and details relating to land acquisition needs for the proposed Merimbula service road extension and seeks Council’s support to proceed with execution of a formal Deed of Agreement with the owners of Lot 123 DP 1250503 at Merimbula.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council authorise the acquisition by private agreement of part Lot 123 DP 1250503 at Merimbula for the construction of the roadworks as detailed in the attached Deed of Agreement, for the purpose of the proposed Merimbula service road extension.

2.      That upon acquisition, Council’s intention will be to dedicate section B, shown in red colour on the sketch plan in the report to Council of 7 August 2019, as public road reserve and classify section C, shown in purple colour on the same sketch plan, as Operational Land which will be the subject of a further report to Council.

3.      That the Mayor and General Manager be authorised to execute all necessary documentation.

 

Executive Summary

A further Resolution of Council is being sought to allow the General Manager and Mayor to execute a formal Deed of Agreement setting out the proposed acquisition of land from Merimbula-Imlay Bowling Club Limited for the Merimbula service road extension.

Background

This matter was originally reported to Council’s Confidential Closed Session Meeting on 30 August 2017 and a further report was presented to Council’s Ordinary Meeting of 8 May 2019, where Council resolved as follows:

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.

3. That a further separate report be brought to Council to address consideration of transfer of additional land as referred to in the report.

Following the Resolution of Council, officers have been liaising with representatives from Merimbula-Imlay Bowling Club Limited and legal representatives to action the Resolution of Council. 

As the current resolution of Council does not allow for the execution of a Deed of Agreement, a Resolution is being sought to delegate authority to the General Manager and Mayor to execute a formal Deed of Agreement on this basis.

A sketch plan identifying the proposed subdivision of Lot 123 DP 1250503 is shown below for the information of councillors:

·    Section A (Green) – to retained by the Merimbula-Imlay Bowling Club,

·    Section B (Red) – to be acquired for the purpose of creating a Public Road,

·    Section C (Purple) – to be acquired by Council as Operational Land.

 

Options

The options available to Council in relation to this matter are outlined in the attached Report to Council of 8 May 2019, however Council does have the option not to accept the terms of the draft Deed of Agreement and resolve accordingly.

Community Engagement

Consultation undertaken

Council officers met with representatives of Merimbula-Imlay Bowling Club Limited and legal representatives to discuss the terms of the draft Deed of Agreement and Council officers have advised that a further Resolution of Council will be sought to execute the proposed Deed of Agreement.

Financial and resource considerations

Merimbula-Imlay Bowling Club Limited shall be responsible for all costs associated with the Development Application including application fees, surveyors and legal costs and registration fees.

As outlined in the attached report of 8 May 2019 and further detailed in the attached draft Deed of Agreement, Council will be responsible for the cost of the design and construction of the service road extension, as depicted in the attached preliminary Service Road 2 Extension – Stage 1Revision D.

Ongoing Council officer time will be required to implement the Resolution of Council.

Legal /Policy

In accordance with Council’s Acquisition and Disposal of Land Procedure, Council have several options available for acquisition of property. 

In this instance it is suggested that standard conveyancing procedures should apply rather than compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

As outlined in the attached draft Deed of Agreement Merimbula-Imlay Bowling Club Limited will seek Development Consent for subdivision of Lot 123 DP 1250503 splitting the land parcel into three (3) sections as shown in the sketch plan above.

Council’s solicitor will be engaged to facilitate the purchase of sections B and C via a Contract for Sale of Land with Section B being acquired for the purposes of creating a Public Road and Section C being acquired as Operational Land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

In determining its direction, Council should consider reputational risk in relation to this matter due to the previous Council Resolutions.

 

Attachments

1.          Draft Deed of Agreement for Merimbula service road extension

2.          Council report regarding Merimbula Service Lane dated 8 May 2019

3.          Merimbula service road extension plans

 


Council

7 August 2019

Item 11.9 - Attachment 1

Draft Deed of Agreement for Merimbula service road extension

 


 


 


 


 


 


 


 


Council

7 August 2019

Item 11.9 - Attachment 2

Council report regarding Merimbula Service Lane dated 8 May 2019

 


 


 


Council

7 August 2019

Item 11.9 - Attachment 3

Merimbula service road extension plans

 


 


 


 


 


Council 7 August 2019

Item 11.10

 

11.10.       NSW Boating Now, Round 2 Projects - Concept Consultations     

 

This report contains a summary of the public consultation process undertaken following concept design development for Council’s NSW Boating Now Round 2 Projects, namely Bermagui River Boat Ramp, Blackfellows Lake Boat Ramp and Quarantine Bay Pontoon. 

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council endorse the outcomes of the completed community consultation process.

2.      That Council notes the General Manager, or their delegate will proceed with detailed design development incorporating, where practical, those constructive suggestions tabled throughout the community consultation process and summarised in this report.

 

Executive Summary

Council, in collaboration with the appointed marine design consultant, Advisian, developed three (3) concept designs for the following recreational boating facilities:

·    Bermagui River Boat Ramp, Bermagui;

·    Blackfellows Lake Boat Ramp, Kalaru; and

·    Quarantine Bay Pontoon, Eden. 

The concepts were presented for public consultation to gain feedback on the designs, this included:

·    A community drop-in session at each boating facility;

·    “Have Your Say” page on Council’s website;

·    Issue to the program funding partner NSW Roads and Maritime Services (RMS); and

·    Presentation to the Coastal Planning and Management Committee.

The concepts specifically target the objectives of the NSW Boating Now Agreement. These objectives consider a whole of site approach informed by Council’s Maritime Infrastructure Plan (February 2014). These are outlined in the Background section below.

Background

Council was successful in securing grant funding under the RMS “NSW Boating Now” Program (Round 2).  A Funding Deed was signed and executed in February 2018. 

The three (3) boating facilities were identified from undertaking a review of Council’s Maritime Infrastructure Plan, developed through 2013 and published February 2014.

This Plan identified both short term and medium/long term scopes of work for each facility; these scopes subsequently informed the grant applications, resulting in the following deliverables to be designed and constructed within environmental and heritage constraints at each facility:

Bermagui River Boat Ramp, Bermagui:

·    Replacement of the existing boat ramp with a new reinforced concrete double boat ramp;

·    Installation of a finger pontoon jetty;

·    Upgrade and sealing of the informal parking area; and

·    Upgrade of lighting.

Blackfellows Lake Boat Ramp, Kalaru:

·    Replacement of the existing gravel boat ramp with a new reinforced concrete boat ramp;

·    Upgrade (widening and sealing) of 600m of access road, including shoulder parking and car / trailer turnaround points;

·    Installation of lighting; and

·    Installation of a finger pontoon jetty.

Quarantine Bay Pontoon, Eden:

·    Renewal and extension of the finger pontoon jetty; and

·    Decommissioning of the original timber jetty as a mooring location.

A Request for Quotation (RFQ) process to select a preferred marine design consultant (RFQ 38/18 Design of Boat Ramps and Pontoons – Bermagui, Kalaru, Eden) was undertaken with a preferred consultant chosen from a competitive list of contractors.

Advisian were selected as the preferred consultant and appointed in August 2018.

Community Engagement

Consultation undertaken

Council's “Have Your Say” web page was used to undertake an online consultation program. The online consultation ran from 11 June 2019 to 2 July 2019 and included a brief scope overview for each facility together with links to the concept designs and project pages for additional information.

During the consultation period, concepts were presented to the Coastal Planning and Management Committee on Friday 14 June 2019 and further consultation was conducted via on site drop-in sessions held at each boating facility on Saturday 22 June 2019.

An overview of the consultation process completed for each site is attached to this report.

Common Themes

There were several common themes raised for each facility throughout the consultation process. These were:

For Bermagui River Boat Ramp, Bermagui:

·    Retaining a second entry point for vehicles to access the facility;

·    Orientation of the new floating pontoon;

·    Location of derigging / boat wash area;

·    Orientation and quantity of vehicle / trailer parking;

·    Location of fish waste bins;

·    Consideration of permeable paving for additional carparks being created;

·    Consideration of restricting the expansion of the existing paved area; and

·    Retention of grassed areas (foreshore and roadside).

For Blackfellows Lake Boat Ramp, Kalaru:

·    Provision of parking away from the foreshore manoeuvring area;

·    Provision of signage for maximum recommended vessel size;

·    Provision of a kayak-friendly launching area; and

·    Consideration of existing site amenity for other users (e.g. walkers).

For Quarantine Bay Pontoon, Eden:

·    Retaining the full width of the existing boat ramp;

·    Push pontoon into deeper water if possible and practical;

·    Addition of handrail(s) to assist less-abled boaters boarding / alighting;

·    New infrastructure should not encroach on existing manoeuvring area;

·    Retain existing gangway as second point of access to the floating pontoon;

·    Restriction of mooring along the pontoon section parallel to the boat ramp;

·    Signage on upgraded pontoon for mooring time limit and depth indication; and

·    Retention and safety upgrade of the existing timber jetty as opposed to removal.

Financial and resource considerations

Funding secured for NSW Boating Now Round 2 projects is summarised in the below table.

Funding source

 

Amount

RMS via NSW Boating Now Program – Bermagui River

$

485,000.00

BVSC co-contribution – Bermagui River

$

170,000.00

Subtotal – Bermagui River

$

655,000.00

 

 

 

RMS via NSW Boating Now Program – Blackfellows Lake

$

390,000.00

BVSC co-contribution – Blackfellows Lake

$

190,000.00

Subtotal – Blackfellows Lake

$

580,000.00

 

 

 

RMS via NSW Boating Now Program – Quarantine Bay

$

155,000.00

BVSC co-contribution – Quarantine Bay

$

60,000.00

Subtotal – Quarantine Bay

$

215,000.00

 

 

 

Subtotal RMS via NSW Boating Now Program

$

1,030,000.00

Subtotal BVSC co-contribution

$

420,000.00

Total

$

1,450,000.00

Legal /Policy

The tender process conducted for RFQ 38/18 complies with Council’s Procurement Policy and Procedures and the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Feedback received in response to the “Understanding Our Place” community engagement process, which subsequently informed the Community Strategic Plan (CSP), included “improved recreation facilities and spaces”. This feedback links to CSP:

Outcome 1 Active and Healthy Communities - specifically, the second goal of this outcome of “access to good quality recreation and sporting facilities”.

Economic

Economic benefits are likely to flow from the NSW Boating Now facility upgrades for each of the respective communities via promotion of quality, safe recreational boating facilities.

Risk

There are few risks associated with the planning and delivery of these upgrades. One risk is that the projects exceed the planned budget.

Careful planning and consideration of the budget from the outset via the design development process and also benchmarking against similar recently completed upgrades (e.g. Beauty Point Boatramp upgrade final cost $400,000.00 vs budget $410,000.00) means this risk is unlikely to eventuate.

In efforts to mitigate this risk, it is intended that with agreement from the funding partner, remaining funds from the previous Round 1 Beauty Point upgrade are reallocated to the Round 2 Quarantine Bay project.

Social / Cultural

The delivery of this program of works is likely to bring strong benefits to the respective communities.  Each community has invested time and effort in the consultation process, with positive feedback and constructive input received for all three sites.

This consultation will help to bring about greater ownership of the subject boating facilities and hopefully, greater enjoyment of these recreational facilities.

Options and Conclusion

As can be seen by the attached feedback, there has been a significant amount of work done by Council officers in liaising and working with the community and key stakeholders to discuss the concepts developed for each boating facility. In general feedback received and suggestions provided were consistent for each individual facility.

The common themes identified in the Community Engagement section above have been tabulated below together with a recommendation with respect to potential incorporation into the detailed final design.

Bermagui River Boat Ramp

Theme / Comment

Recommendation

Retaining a second entry point for vehicles to access the facility.

Incorporate into final design.

Orientation of the new floating pontoon.

Investigate feasibility with design consultant. Realignment is possible provided no adverse impact on environment (e.g. seagrass) or pontoon performance.

Location of derigging / boat wash area.

Investigate feasibility with design consultant. To relocate the derigging / boat wash area further from the boat ramp to alleviate ramp congestion is a constructive suggestion and will be incorporated provided no adverse impact on traffic flow and adjacent land (i.e. via surface water runoff). 

Orientation and quantity of vehicle / trailer parking.

Investigate feasibility with design consultant. Incorporate into final design provided no adverse impact on traffic flow or quantity of parking spaces.

Location of fish waste bins.

Incorporate into final design. Fish waste and general rubbish bins will be located at the most practical position for public use and contractor collection.

Consideration of permeable paving for additional carparks being created.

Investigate feasibility with design consultant. Incorporate into final design provided no adverse impact on project budget or ongoing maintenance.

Consideration of restricting the expansion of the existing paved area.

Expansion of the existing paved area will alleviate the current dust and runoff issues on site; as such this suggestion is not practical. As discussed in the previous point permeable paving will be investigated as an alternative to bitumen.

Retention of grassed areas (foreshore and roadside).

Investigate feasibility with design consultant. It is intended the grassed foreshore area is retained as far as practical considering turning / trailer manoeuvring requirements. Incorporate permeable paving to roadside parking spaces into final design provided no adverse impact on project budget or ongoing maintenance.

 

Blackfellows Lake Boat Ramp

Theme / Comment

Recommendation

Provision of parking away from the foreshore manoeuvring area.

Incorporate into final design.

Provision of signage for maximum recommended vessel size.

Incorporate into final design.

Provision of a kayak-friendly launching area.

Investigate feasibility with design consultant. Suggestions received included provision of grassed area; given the tidal movements it is unlikely a grassed area could be provided along the foreshore. This suggestion also has potential to impact the boat ramp design; whilst a balanced solution could exist, the boat ramp is a key deliverable under the funding agreement so any adverse impact on this item needs to be mitigated.

Consideration of existing site amenity for other users (e.g. walkers).

Incorporate into final design. Existing amenity was considered during concept development. Initial drafts included more vegetation clearance along the access road and through the manoeuvring area; such clearance was paired back in the exhibited concept to strike the best balance between provision of a safe and quality upgrade while preserving site amenity as much as possible.

 

Quarantine Bay Pontoon

Theme / Comment

Recommendation

Retaining the full width of the existing boat ramp.

Incorporate into final design. Note it was always intended that the existing ramp would remain unaltered.

Push pontoon into deeper water if possible and practical.

Investigate feasibility with design consultant. Working within funding constraints, the existing piles are to be retained for the pontoon upgrade – a slight realignment of the concept design could result in the end section of the pontoon being located over deeper water. Provided this realignment doesn’t adversely impact performance of the pontoon it should be considered.

Addition of handrail(s) to assist less-abled boaters boarding / alighting.

Incorporate into final design.

New infrastructure should not encroach on existing manoeuvring area.

Incorporate into final design.

Retain existing gangway as second point of access to the floating pontoon.

Investigate feasibility with design consultant. The aforementioned realignment of the concept design may impact the existing gangway given it is a fixed length. Provided the realignment doesn’t impact the existing gangway and performance of the pontoon it should be considered.

Restriction of mooring along the pontoon section parallel to the boat ramp.

Incorporate into final design.

Signage on upgraded pontoon for mooring time limit and depth indication.

Incorporate into final design.

Retention and safety upgrade of the existing timber jetty as opposed to removal.

Budget permitting undertake works to existing timber jetty to make safe and retain as a recreational fishing platform. Noting smaller budget allocation for this project; the floating pontoon upgrade is prioritised.

Noting that it is difficult to satisfy all suggestions received, the above recommendations strive to achieve the greatest feasible and practical balance for each facility upgrade.

 

Attachments

1.          Bermagui River Boat Ramp Consultation Comments

2.          Blackfellows Lake Boat Ramp Consultation Comments

3.          Quarantine Bay Pontoon Consultation Comments

 


Council

7 August 2019

Item 11.10 - Attachment 1

Bermagui River Boat Ramp Consultation Comments

 


Council

7 August 2019

Item 11.10 - Attachment 1

Bermagui River Boat Ramp Consultation Comments

 


 


 


 


 


 


 


Council

7 August 2019

Item 11.10 - Attachment 1

Bermagui River Boat Ramp Consultation Comments

 


Council

7 August 2019

Item 11.10 - Attachment 1

Bermagui River Boat Ramp Consultation Comments

 


 


 


 


 


 


 


Council

7 August 2019

Item 11.10 - Attachment 2

Blackfellows Lake Boat Ramp Consultation Comments

 


Council

7 August 2019

Item 11.10 - Attachment 2

Blackfellows Lake Boat Ramp Consultation Comments

 


 


 


 


 


 


 


 


Council

7 August 2019

Item 11.10 - Attachment 3

Quarantine Bay Pontoon Consultation Comments

 


Council

7 August 2019

Item 11.10 - Attachment 3

Quarantine Bay Pontoon Consultation Comments

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 7 August 2019

Item 11.11

 

11.11.       Waste Fees and Charges 2018/19     

 

Waste services charges were not fully implemented during the 2018/19 Financial Year according to the adopted 2018/19 Revenue Policy, affecting around 6,747 customer accounts. Details of the causes, impacts and remedial actions are outlined below.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      Council refund waste services customers, who would be entitled to a refund in accordance with the adopted Waste Fees and Charges for 2018/19, should they have been fully implemented.

2.      Council not seek to recoup fees and charges from customers undercharged, in accordance with the adopted Waste Fees and Charges for 2018/19, and accordingly write off that income

 

Background

Waste Services charges were not fully implemented during the 2018/19 Financial Year according to the adopted 2018/19 Revenue Policy, affecting around 6,747 customer accounts. Details of the impacts and causes are further outlined below. Council could seek to refund and recover these accounts, in line with the exhibited and adopted Policy, or alternatively refund overcharged customer accounts and not seek to recoup undercharged accounts.

The financial details of the differences between the adopted Fees and Charges and what was levied are summarised below:

Overcharge / Undercharge

Value

MAX Overcharge

$6,210.31

Number Overcharged

737

Value Overcharged

$215,083.92

Max Undercharge

-$2,002.04

Number Undercharged

7,150

Value Undercharged

-$350,940.63

NET Undercharge

-$135,856.71

 

A further breakdown of the above details is as follows:

·    3614 Rural properties in the 2017/2018 charges were not differentiated from Non-rural and as such were charged $385.38. Under the 2018/2019 charging regime, these properties should have been charged $416.15, (an undercharge of $30.77).

·    1044 rural properties not charged waste management charges of $118.45

·    236 assessments have not been charged the organics rate which is an undercharge of $88.27

·    198 assessments increased their landfill bin frequency to weekly which resulted in an undercharge of $71.25

·    89 assessments should have had vacant land charges applied which was an undercharge of $84.50

·    1336 assessment were undercharged $0.15

·    552 assessments were undercharged $0.01

·    134 assessments increased the size of their landfill bin to 240L which is an undercharge of $27.49

·    92 rural assessments with more than one of each service were undercharged $31.71

A more detailed analysis of the above figures is included in the tables below:

Total Amount ($)

No of Assess

Undercharges

<-1500

-2002.04

1

-1500 to -1000

-1011.55

1

-1000 to -500

-7445.3

11

-500 to -400

-22245.25

50

-400 to -300

-959.65

3

-300 to -200

-5114.7

22

-200 to -100

-145517.35

1213

-100 to -50

-46118.75

573

-50 to -30

-115764.83

3750

 

-30 to -20

-3862.63

142

-20 to -10

-546.30

28

-10 to -.01-.01

-352.28

1356

 

 

Overcharges

>0

22.82

3

>10

1569.65

54

>50

2106.6

27

>100

116539.41

557

>500

45520.22

65

>1000

30711.67

25

>1500

5828.47

3

>2000

6574.75

3

>5000

6210.33

1

 

In 2018-2019, Council increased the number of Waste services offered to our customers. This was because of community feedback where our customers asked for more bin sizes and frequency options, to best manage their waste. Council was also asked to itemise Waste Charges on Rates Notices, rather than display them as a black box total charge. This would allow residents to quickly establish what services they were paying for on an annual basis. Some amendment of the charging structure was also introduced to improve overall fairness.

The biggest single change was the introduction of the weekly Green Bin service in October 2019. Although planned for the commencement of the Financial Year, the new service was delayed due to the urgent demands from the Tathra and District Fire clean-up.

Given the weekly Green Bin was not introduced in July 2018, Council officers determined to not publish the itemised Waste services on Rates Notices until the weekly organics collection commenced.  This was to avoid confusion for customers as their service had not yet significantly changed. Information still went to residents with the first Rates Notice advising that Waste Charges would soon be displayed differently with the services they were paying for itemised.

Given the timing of the Tathra fires, it also impacted the ability to reconcile Council’s financial system with the adopted Fees and Charges for Waste, noting there was a significant change from the 2017/18 year to the 2018/19 year in the structure of those Fees and Charges.

In 2017/2018 the Waste Charges were as shown in Table 1 below. This is a relatively simple charging structure. A much wider offering of services was introduced in 2018/2019. This structure was advertised in the Revenue Policy and adopted by Council.

Table 1 - Waste Services revenue policy charges 2017/2018

Domestic Waste

Charge

Domestic Waste Management

$402.50

Domestic Garden Organics

$55.50

Waste Service Availability Charge

$81.50

Additional General Waste Bin (140 Lt)

$209.50

Additional Recycling Bin (240 Lt)

$77.23

Commercial Waste

Charge

Commercial Waste Management

$557.50

Commercial Organics

$55.50

Additional General Waste Bin (240 Lt)

$232.00

Additional Recycling Bin (240 Lt)

$191.60

 

The 2018/19 structure, shown in Table 2 and Table 3 below is much more flexible and provides options to customers.

Table 2  -Waste Services revenue policy charges 2018/2019 – Domestic

Domestic Waste

Charge

Waste management charge residential and multi-unit dwellings* (s.501)

$252.06

Waste management charge rural* (s.501)

$118.45

Standard residential services (s.496)

 

Fortnightly landfill bin 140l residential

$86.19

Fortnightly recycling bin 240l residential

$47.14

Weekly compost bin 240l residential

$88.27

Subtotal: standard residential waste management charges (s.501+s.496)

$473.65

Residential service options (s.496)

 

Fortnightly landfill bin 80l residential

$62.63

Fortnightly landfill bin 240l residential

$113.67

Fortnightly recycling bin 360l residential

$64.72

Weekly landfill bin 80l residential**

$110.31

Weekly landfill bin 140l residential**

$157.43

Weekly landfill bin 240l residential**

$212.39

Standard rural services (s.496)

 

Weekly landfill bin 140l rural

$205.52

Fortnightly recycling bin 240l rural

$92.18

Subtotal: standard rural waste management charges (s.501+s.496)

$416.15

Rural service options (s.496)

 

Weekly landfill bin 80l rural

$158.41

Weekly landfill bin 240l rural

$260.49

Fortnightly recycling bin 360l rural

$109.77

Weekly compost bin 240l rural***

$105.51

Standard multi-unit dwelling services

 

Fortnightly landfill bin 140l multi-unit dwelling

$86.19

Fortnightly recycling bin 240l multi-unit dwelling

$47.14

Weekly compost bin 240l multi-unit dwelling

$88.27

Subtotal: standard multi-unit dwelling waste management charges (s.501+s.496)

$473.65

Multi-unit dwelling service options

 

Fortnightly recycling bin 360l multi-unit dwelling

$58.74

660l garbage and recycling services

Poa

 

 

Waste service availability charge****

$84.50

Roll of compostable bags

$5.00

Kitchen caddy additional/replacement

$5.00

*Mandatory charge per rateable premises excluding vacant land.

** Weekly landfill bin collection services are only available subject to assessment of medical need.

*** Rural compost service is optional and only supplied where available.

****Charge applied to vacant land where waste collection service is available.

 

Table 3 - Waste Services revenue policy charges 2018/2019 – Commercial

Commercial Waste

Charge

Commercial Waste Management Charge

$270.33

Standard Commercial Services (s.501)

 

Weekly landfill bin 240l commercial

$212.39

Weekly recycling bin 240l commercial

$94.28

Subtotal: Standard Commercial Waste Management Charges (s.501)

$577.00

Commercial Service Options (s.501)

 

Weekly landfill bin 660l commercial

POA

Weekly recycling bin 360l commercial

$117.48

Weekly recycling bin 660l commercial

POA

Weekly 240l compost bin commercial

$88.27

 

 

Roll of compostable bags

$5.00

Kitchen caddy additional/replacement

$5.00

*Mandatory charge per rateable premises excluding vacant land.

Options

Council does have the ability to recover the full income it would have been entitled to in accordance with the adopted Revenue Policy through supplementary notices and refunding overcharged customers.

Alternatively, there is the ability to write-off the undercharged amounts and reimburse overcharged amounts.

Financial and resource considerations

The overcharged and undercharged amounts are outlined above in this report. Council’s adopted Budget for the 2018/19 assumed income from Fees and Charges in accordance with the adopted Revenue Policy. Throughout the year, Council was fortunate to generate a positive operating result in the waste services area relative to the originally forecast budget position. This places Council in the position where adopting the recommendations in this report will not jeopardise Council’s ability to continue to provide its Waste Services.

It is important to note that although adopting the recommendations in this report is financially viable, it is likely some customers will notice a perceived increase in their Waste charges for the 2019/20 year, given they were undercharged in the 2018/19 year relative to what was originally meant to be leveed. Although this net income reduction through Fees and Charges can be offset for that year due to increases in other sources of revenue and reduced expenditure, this is not a sustainable position to continue.

Communications

This situation is a complex one which resulted from a range of overlaying factors. It will be critical for Council to develop a clear communications strategy relating to the repayment process. If Council resolves as recommended this will be relatively straightforward. The key aspects which will require a clear and plain English explanation will be the difference in the rates notices which have been issued. Waste, Communications and Revenue staff are involved in developing a clear statement and Council’s customer service staff will be kept up to date on all information.

 

 

Attachments

Nil

  

 


Council

7 August 2019

 

Staff Reports –  Governance And Strategy

 

7 August 2019

  

12.1            Local Government NSW Annual Conference 2019........................................... 228

12.2            Proposed transfer of land to Quaama Men's Shed Incorporated..................... 234

12.3            Classification of various land parcels at Kalaru................................................ 237

12.4            Transfer of land from sewer fund to general fund........................................... 237


Council 7 August 2019

Item 12.1

 

12.1. Local Government NSW Annual Conference 2019     

 

The Local Government NSW Annual Conference will be held at the William Inglis Hotel, Warwick Farm from Monday 14 October to Wednesday 16 October 2019.

 

General Manager  

 

 

Officer’s Recommendation

1.      That Council endorse Crs (names to be inserted at the meeting), the Mayor and the General Manager to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 14-16 October 2019, with the necessary travel and accommodation costs to be borne by Council.

2.      That Council identify and endorse the following Motions (insert) for forwarding to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Monday 19 August 2019 to the LGNSW website.

3.      That Council endorse the Mayor and two Councillors to be their nominated voting delegate(s) for both types of voting: voting on motions; and voting in the Board election.

 

Executive Summary

Background

The Annual Conference is the pre-eminent policy making event for the local government sector in NSW. Delegates will vote on motions which help determine the policies and priorities for LGNSW and the sector. It is a key event for local government where Councillors come together to share ideas and debate issues that shape the way the sector functions and is governed

Council is a member of LGNSW, the peak local government body in NSW.

A copy of the draft program can be found at LGNSW website using the link https://www.lgnsw.org.au/events-training/local-government-nsw-annual-conference-2019/program-overview

Registration to attend the Conference

To take advantage of early bird booking savings for the Annual Conference, it is appropriate for Council to nominate who the attendees will be for this year’s Conference. It is proposed Council nominate the Mayor and two Councillors to attend this Conference along with the General Manager. All costs for attendance are covered in the Councillors’ training and development budget.

Registration as a voting delegate

Council will have three voting entitlements at the Conference to vote on motions and vote for positions in the LGNSW Board elections.

The deadline to provide LGNSW with the names of voting delegates is Friday, 20 September 2019. Additional nominations received after the closing date cannot be accepted. However, the names of voting delegates may be substituted at any time, in line with Rule 34 of the LGNSW Rules.

Voting delegates may not appoint a proxy to attend or vote at formal business sessions on their behalf.

Voting delegates must be registered to attend the Conference and also be registered as a voting delegate.

Conference Motions

LGNSW has advised that Councils can submit proposed motions for the Business Paper for the Conference, and that such motions will be included where they:

·    are consistent with the objects of the Association (see Rule 4 of the Association’s rules);

·    relate to Local Government in NSW and/or across Australia;

·    concern or are likely to concern Local Government as a sector;

·    seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

·    have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

·    are clearly worded and unambiguous in nature; and

·    do not express preference for one or several members over one or several other members.

Motions must also be accompanied by evidence for example an extract from Council Minutes that Council has resolved to submit the motion to the LGNSW Conference and be submitted by 12 midnight (AEST) on Monday 19 August 2019.

Motions must be submitted in the recommended format:

1.   Indicative category of the Motion:

·    Economic

·    Infrastructure

·    Planning

·    Environment

·    Social and Community

·    Governance of councils

·    Accountability of councils

·    Don’t know

2.   Motion title

3.   Motion wording

4.   Background note explaining the rationale of the Motion (max 1 or 2 paragraphs)

Motions proposed by Bega Valley Shire Councillors

Cr Kristy McBain

Indicative category of the motion:

Governance of councils

Motion Title

An improved rating model

Motion Wording

That LGNSW advocate to the NSW State Government to change the rate peg model to allow Councils to generate revenue required to meet community service expectations as identified through the Integrated Planning and Reporting Framework.

Background note:

The IPART rating review has now been released and there are several recommendations in that report which would give Councils and their communities more flexibility in determining the services they require for the future.

Disappointingly, the review does not include in its recommendations a simplified process for aligning rates income with community service expectations which is at the core of Integrated Planning and Reporting. This still requires resource intense special rate variation application processes to be followed to align income with service expectations. IPART recommends rating based on capital improved valuations (CIV) as a solution to increasing income to match service needs however this will not provide a solution to communities that do not have increasing CIV’s.

Indicate if the motion conflicts with one or more of the Fundamental Principles

 

No. The motion does not conflict with the Fundamental Principles.

 

 

Indicative category of the motion:

Economic

Motion Title

NSW Business investment incentives

Motion Wording

That LGNSW advocate to the NSW State Government to implement business incentives to attract businesses out of metropolitan NSW and other jurisdictions to regional NSW.

These incentives could include by way of removing removal of stamp duty costs for property purchases, removal of payroll taxes and further, financial incentives for the employment of a set amount of local employees in line; with a commitment to decentralisation to assist regional NSW to grow.

Background note:

Other States and Territories have incentives in place to attract businesses to their jurisdictions, often at the expense of economic activity within NSW. NSW should be competing to attract businesses to NSW as well as retaining businesses looking to relocate from Metropolitan areas of NSW due to urbanisation pressure and to also look at how we can make it viable and attractive to move businesses into regional areas.

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

 

Indicative category of the motion:

Economic

Motion Title

Snowy Hydro Legacy Fund South East prioritisation

Motion Wording

The NSW State Government commit to funding transformational region building initiatives in the South East of NSW first from the Snowy Hydro Legacy Fund given the asset was located in the South East of the State.

Background note:

The Snowy Hydro Legacy Fund has been announced with a vision to fully implement the 20 year Economic Vision for Regional NSW. Whilst we agree with that vision, it should be aimed at those Councils that are in the South East of the State, who show population growth, have natural advantages and are looking to grow their economies.

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

Indicative category of the motion:

Economic

 

Motion Title

State and Federal Government rate payments

Motion Wording

That LGNSW advocate that both State and Federal Government owned land be liable to pay rates as is required of private land owners with that income to be added to existing rate income of Councils.

Background note:

This land produces income via the sale of resources from the land or by selling access to the sites. These parcels of land are accessed using local road infrastructure and are heavily utilized by heavy vehicle movements of multiple passenger vehicles depending on the sites in question.

It is incumbent upon the owners to contribute to the infrastructure of the surrounding shires.

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

 

 

Cr Cathy Griff

Indicative category of the motion:

Planning

Motion Title

Consistent definition of tiny houses

Motion Wording

That LGNSW call on the NSW Government to amend the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 to include a definition of tiny houses in NSW planning legislation, to offer a flexible, legitimate housing model.

Background note:

Affordable housing is widely recognised as a key national concern, yet the crisis escalates throughout urban and regional Australia.

The Tiny House movement has gained momentum in Australia in the last six years for affordability and environmental reasons. Australia’s affordable housing crisis requires multiple different solutions. Tiny houses are just one small element, but they face legislative impediments. Innovative housing formats should be embraced and dealt with consistently. 

Tiny houses [on wheels] are currently defined as caravans and therefore subject to planning controls in relation to their suitability for permanent housing. 

To permit a tiny home to be sited on a parcel of vacant land, not in association with another dwelling, a separate and distinct classification of caravan should be created that addresses:

•      requirements to address building sustainability (as a caravan is not subject to Building Code of Australia or BASIX requirements),

•      built form development controls (setbacks, streetscape),

•      landscaped area controls,

•      amenity standards (privacy),

•      car parking, 

•      vehicle access requirements (driveway crossover and siting under S138 of the Roads Act 1993), and

•      connection to reticulated water and sewerage services.

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

Indicative category of the motion:

Environment - ecologically sustainable development

Motion Title

Community renewable energy hubs

Motion Wording

LGNSW urges the NSW Government to support local councils to establish community renewable energy hubs in their municipalities.

Background note:

LGNSW’s current policy statement (10.2) calls for “Ambitious but realistic policies and practices that promote council, community, industry and government commitment to renewable energy, energy conservation and energy efficiency.” Community solar farms and local energy sharing make obvious sense environmentally and also financially by enabling solar bulk buys, supporting local jobs, local suppliers and ultimately more affordable energy.

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

Indicative category of the motion:

Environment

Motion Title

Renewable energy targets

Motion Wording

That LGNSW adopts a renewable energy target of 100% by 2030 and calls on the NSW Government to revise the NSW Renewable Energy Plan to also adopt that target.

Background note:

LGNSW Policy Platform 10.7 states LGNSW advocates for a renewable energy target of 40% by 2025 to support investment and market confidence in renewable energy projects. This target was settled in August 2017. Since this date, the Alliance of World Scientists (numbering 21,000 from 184 countries) has issued Warnings to Humanity and in 2018 the Intergovernmental Panel on Climate Change (IPCC) report have all stressed the need to quickly and substantially reduce greenhouse gas emissions.

An increasing number of countries, cities and councils have recognized a climate emergency and committed to ambitious renewable energy targets. It is time to update the current LGNSW policy to reflect scientific advice and community sentiment. According to leading academic research (Diesendorf et al 2019), a target of 100% renewable electricity by 2030 is technically achievable and financially affordable, given the falling cost of renewables. 

The NSW Government’s current Renewable Energy Action Plan has a target of 20% renewables by 2020. It is timely that this target be revised upwards to provide clear direction to energy markets in NSW over the medium term

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

Indicative category of the motion:

Social and Community – Participation (Libraries, Arts and Culture)

Motion Title

Government support for rural and regional arts

Motion Wording

That LGNSW lobbies Create NSW to increase annual support to Regional Arts Development Organisations.

Background note:

LGNSW Policy 15.5 calls on State and Commonwealth governments to recognize the challenges for small, regional and remote councils and prioritise them for arts and cultural funding relative to the large State Cultural Institutions.

There are 14 Regional Arts Development Organisations (RADOs) in NSW, which all receive $140,000 of annual funding. There has been no increase in this amount since 2011. Yet all operating costs have increased. Staff wage increases are very limited and professional development is unaffordable.

All RADOs deliver high quality services to their regions and create innovative projects and leverage more financial support from funding philanthropy and sponsors. Government support for these programs should increase in line with increasing costs of service delivery.

Indicate if the motion conflicts with one or more of the Fundamental Principles

No. The motion does not conflict with the Fundamental Principles.

 

Financial

Councillors and senior staff have attended the LGNSW Annual Conference in past years.  Costs to attend the Conference will include registration $840 (early bird payment by 9 September 2019) accommodation (approximately $150 per night), meals and travel costs. It is estimated this will be in the order of $1700 per person attending via early bird bookings.

Conclusion

It is appropriate Bega Valley Shire Council is represented at the LGNSW Annual Conference.  This Conference has been listed in the Operational Plan for attendance by Councillors and the General Manager on an annual basis.

 

Attachments

Nil

 


Council 7 August 2019

Item 12.2

 

12.2. Proposed transfer of land to Quaama Men's Shed Incorporated     

 

Formal advice has been received from legal representatives acting on behalf of Quaama Men’s Shed Incorporated, requesting Council’s consideration to enter into a formal Deed of Agreement with respect to the proposed transfer of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council receive and note the report.

2.      That Council approve the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated, for the nominal sum of $1.00 which includes registration of a Restrictive Covenant that Lot 10 Sec 10 DP 758860 only be used for community purposes.

3.      That the General Manager and the Mayor be authorised to execute a formal Deed of Agreement setting out the terms of the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated as detailed in this report.

4.      That Quaama Men’s Shed Incorporated be advised of Council’s decision.

 

Executive Summary

A further Resolution of Council is being sought to allow the General Manager and Mayor to execute a formal Deed of Agreement setting out the terms of the transfer to Quaama Men’s Shed Incorporated (QMSI).  The purpose of the Deed of Agreement is to allow QMSI to sell the property in the future if they pay Council the unimproved land value of the property at the time of any sale, which still protects the value of the asset to the community and allows the transfer to progress.

Background

This matter has been reported to Council several times on 8 August 2018, 31 October 2018 and Council resolved at its Ordinary Meeting of 20 February 2019, when considering the proposed divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to QMSI as follows:

1. That the report be noted.

2. That Council approve the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated for the nominal sum of $1.00 with a positive covenant or appropriate mechanism restricting the use of the land to community purposes.

3. That the General Manager and the Mayor be authorised to execute the necessary documentation to affect the above course of action.

4. That all legal costs associated with this transaction be borne by Quaama Men’s Shed Incorporated.

5. That Quaama Men’s Shed Incorporated be advised of Council’s decision.

Following the Resolution of Council, officers have been liaising with QMSI and legal representatives to action the Resolution of Council.

QMSI legal representatives wrote to Council advising that QMSI are in agreeance with the proposed transfer, subject to a formal Deed of Agreement being entered into which outlines the potential lifting of the Restrictive Covenant in certain future circumstances.  The purpose of the proposed Deed of Agreement is that should QMSI sell the property, Council will consent and otherwise enable the Restrictive Covenant to be lifted to allow an unencumbered transfer, provided that QMSI pay Council the unimproved land value of the property at the time of any sale.

As the current resolution of Council does not allow for the execution of a Deed of Agreement a resolution is being sought to delegate authority to the General Manager and Mayor to execute a formal Deed of Agreement on this basis.

Options

The options available to Council are:

1.    Divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to QMSI for the nominal sum of $1.00 which includes registration of a Restrictive Covenant that the land only be used for community purposes.  The proposed transfer being subject to a formal Deed of Agreement allowing QMSI to sell the property in the future if they pay Council the unimproved land value of the property at the time of any sale; or

2.    Divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to QMSI for nominal sum of $1.00 which includes registration of a Restrictive Covenant that the land only be used for community purposes with no formal Deed of Agreement being agreed; or

3.    Divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to QMSI for nominal value, removing the need for the asset to be returned to Council should QMSI divest of the property; or

4.    Retain ownership of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama and continue with the current licence arrangement with QMSI which expired on 30 June 2019, offering QMSI with a further term Licence Agreement; or

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

Community Engagement

Consultation undertaken

Council officers have had ongoing consultation with QMSI, Council’s legal representatives and legal representatives acting on behalf of QMSI to action the Resolution of Council. 

Council officers have advised QMSI that a further Resolution of Council will be sought in relation to the proposed Deed of Agreement.

Financial and resource considerations

The legal costs associated with protection of Council’s interest in Lot 10 Section 10 DP 758860 have not been estimated by legal representatives.  Council officers advised QMSI that Council would take responsibility for the legal costs associated with protecting Council’s interest in the land should the transfer proceed.

As outlined in the Council report of 20 February 2019 (attached) the asset at Lot 10 Section 10 DP 758860 does have a value to the community and in accordance with Council’s Long Term Financial Plan and Acquisition and Disposal of Land Procedure, the proceeds from the sale of ‘Operational’ Land should be used to leverage investment or strategic outcomes.  Council’s Acquisition and Disposal of Land Procedure may however be varied to meet the needs of a particular matter by Resolution of Council.  Should Council resolve to divest of the asset below market value, the Resolution of Council should clearly state the reasons for such divestment. 

The obligation to obtain a market valuation exists in accordance with Council’s Acquisition and Disposal of Land Procedure, in order to provide a measure of the non-financial elements of the sale.  Accordingly, it would be necessary to obtain a formal market valuation for the property at the time of any sale to determine the value of the land payable by QMSI.

Council officer time will be required to implement the Resolution of Council.  Furthermore, if the land is retained by Council, officers will be required to manage the terms of the current Licence Agreement and any future Licence Agreements.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG 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 LG Act requires a specific Resolution of Council to dispose of any land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

QMSI have indicated their agreement to the proposed transfer is subject to a formal Deed of Agreement being entered into, so if Council do not agree to enter into the proposed Deed of Agreement the transfer may not progress.  If the transfer does not progress the ongoing liabilities related to building management, whilst in Council ownership, need to be considered.

 

Attachments

1.          Council report - Proposed divestment of land to QMSI dated 8 August 2018

2.          Council report - Proposed divestment of land to QMSI dated 31 October 2018

3.          Council report - Proposed divestment of land to QMSI dated 20 February 2019

4.          Draft Deed of Agreement regarding proposed transfer of 20 Bermaguee Street Quaama

 


Council

7 August 2019

Item 12.2 - Attachment 1

Council report - Proposed divestment of land to QMSI dated 8 August 2018

 


 


 


Council

7 August 2019

Item 12.2 - Attachment 2

Council report - Proposed divestment of land to QMSI dated 31 October 2018

 


 


 


Council

7 August 2019

Item 12.2 - Attachment 3

Council report - Proposed divestment of land to QMSI dated 20 February 2019

 


 


 


Council

7 August 2019

Item 12.2 - Attachment 4

Draft Deed of Agreement regarding proposed transfer of 20 Bermaguee Street Quaama

 


 


 


 


Council 7 August 2019

Item 12.3

 

12.3. Classification of various land parcels at Kalaru     

 

This report seeks approval to commence a public notification process to classify land recently redefined and dedicated to Council as Operational Land under the Local Government Act 1993 (NSW).

 

Director Assets and Operations  

 

 

Officer’s Recommendation

That Council give notice of its intention to classify Lot 36 DP 1253987 at Lot Stafford Drive, Kalaru and Lots 1 and 2 DP 1245874 at Sapphire Coast Drive, Kalaru as Operational Land under section 34 of the Local Government Act 1993 (NSW).

 

Executive Summary

A Council Resolution is being sought to commence the public notification process required under section 34 of the Local Government Act 1993 (NSW) (LG Act) to classify various land parcels in Kalaru that have been redefined and dedicated to Council as Operational Land.

Background

As required under Development Consent 2014.278 for the staged 36 lot subdivision at Lot Stafford Drive in Kalaru, Lot 36 DP 1253987 was dedicated to Council as drainage reserve.  This parcel was dedicated to Council for the purpose of providing for drainage of the development, to protect the public and private assets from potential damage, and to minimise the environmental impacts of this development.  Council’s Property officers are now in receipt of the Certificate of Title for the land and accordingly, the parcel requires classification.  It is recommended this land be classified as Operational Land under the LG Act to allow flexibility if easements for services are required to be registered over the land in the future.

A notation will remain on the title indicating the land is drainage reserve.

9046613

 

As part of the Tathra to Kalaru Bike Path project, Council owned Operational Land parcels being Lots 740 and 741 DP 1013100 on the corner of Sapphire Coast Drive, Kalaru were subdivided to accommodate the new bike path.  The new Certificates of Title for the residue land parcels have recently been received by Council officers and these land parcels should now be classified as Operational Land under the LG Act to allow flexibility if easements for services are required to be registered over the land in the future, or if Council wishes to divest of their interest in the land to a suitable land owner.

Council approval is now required to commence the public notification process required to classify these land parcel under Section 34 of the LG Act as Operational Land.

Options

The options available to Council are:

1.    Commence the public notification process to classify the land parcels in Kalaru, recently redefined and dedicated to Council as Operational Land, to allow for a range of future uses of these sites; or

2.    Resolve not to commence the public notification process to classify the land recently redefined and dedicated to Council at Kalaru, as Operational Land.  Any land parcels that are redefined or dedicated to Council that are not classified by a Resolution within 3 months, will at the end of the 3 months period be taken to have been classified under an Local Environmental Plan as Community Land.  If the land parcels were to revert to Community Land, the land may not be used for any purpose other than that for which it was being used immediately before it was dedicated to Council, and Council may not dispose of any interest in the land.

Community Engagement

Consultation Planned

Section 34 of the LG Act provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions.  A further report will be presented to Council after the submission period, noting any submissions received and seeking a final Resolution to classify Lot 36 DP 1253987 and Lots 1 and 2 DP 1245874 as Operational Land.

Financial and resource considerations

The costs associated with advertising the proposal will be borne by Council and Council’s Property officers will be required to complete the public notification process to classify the land parcels.

Legal /Policy

Under section 26 of the LG Act, Council Land must be classified as either Community or Operational Land.  Section 31 of the LG Act provides that a property may be classified within 3 months of dedication by Council Resolution or it automatically defaults to Community Land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

While the land remains unclassified, the land may not be used for any purpose other than that for which it was being used immediately before it was dedicated, and Council may not dispose of any interest in the land.

 

Attachments

Nil

 


Council 7 August 2019

Item 12.4

 

12.4. Transfer of land from sewer fund to general fund     

 

The purpose of this report is to recommend to Council transfer of a section of land previously acquired by Council’s Sewer Fund to the General Fund.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

1.      That Council transfer Lots 1 and 2 in DP 1245874 as assets on Council’s Sewer Fund Balance Sheet, to assets on Council’s General Fund Balance sheet with a corresponding cash transfer from Council’s General Fund Balance Sheet of $250,000.

2.      That a report be provided to Council to best consider the future use of Lots 1 and 2 in DP 1245874.

 

Executive Summary

Council’s Sewer Fund currently includes Lots 1 and 2 in DP 1245874 (which were previously Lots 740 and 741 in DP 1013100 as outlined in a separate report in this Business Paper) as assets on Council’s Sewer Fund Balance Sheet. The parcels are now surplus to the needs of the Sewer Fund, with Council’s Water and Sewerage resources not structured to manage land surplus to the needs of those business units.Background

In 2000 Council’s Sewer Fund acquired Lots 1 and 2 in DP 1245874 (which were previously Lots 740 and 741 in DP 1013100 as outlined in a separate report in this Business Paper) located adjacent to the intersection of Sapphire Coast Drive and Tathra-Bega Road for $250,000 with the original intention to utilise the land for a Sewerage Plant to service the village of Kalaru.

Subsequent to purchase of the above mentioned land, a Sewerage Treatment Plant (STP) was constructed and commissioned at an alternate site nearby and in the vicinity of the Sapphire Coast Racetrack and Wallagoot Waste Transfer Station.

Since the construction of the STP, the land referred to has remained as a Sewer Fund asset but is surplus to any need in the provision of sewer services.

Based on the above, it is recommended Lots 1 and 2 in DP 1245874 be transferred to the General Fund for $250,000 with the best future use for the land then to be identified.

Options

The main options relating to the land referred to in this report are as follows:

1.    Retain the land as assets on Council’s Sewerage Fund Balance Sheet.

2.    Dispose of the land on the open market with proceeds of sale transferred to the Sewer Fund.

3.    Transfer the land assets to the General Fund to further consider the best future use for the land to maximise community benefit.

The third option identified is the recommended option as there is a range of potential future uses of the site that warrant further investigation and could return greater community benefit than simply disposing of the land as is or retaining it in perpetuity in the Sewer Fund.

Community Engagement

There has been no consultation or community engagement undertaken to date. Should Council intend to do anything with the land referred to in this report, other than internally transferring it, then it is recommended further community engagement be undertaken at that time.

Financial and resource considerations

The recommendation in this report would involve the internal transfer of Balance Sheet assets.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council has previously identified through its delivery program an emphasis on rationalising surplus assets. The recommendation in this report aligns with that objective.

Environmental / Sustainability

At the time the land was purchased, it was intended to assist in meeting environmental and public health objectives associated with providing reticulated sewerage to the village of Kalaru. Given these objectives were met utilising alternative means, i.e. construction of a STP at an alternate site, the land is now available for alternate purposes.

 

Attachments

1.          Lot 1 DP 1245874 Corner Tathra Road & Sapphire Coast Drive Kalaru - West view

2.          Lot 2 DP 1245874 Corner Tathra Road & Sapphire Coast Drive Kalaru - East view

 


Council

7 August 2019

Item 12.4 - Attachment 1

Lot 1 DP 1245874 Corner Tathra Road & Sapphire Coast Drive Kalaru - West view

 


Council

7 August 2019

Item 12.4 - Attachment 2

Lot 2 DP 1245874 Corner Tathra Road & Sapphire Coast Drive Kalaru - East view

 

  

 


Council

7 August 2019

 

Staff Reports –  Finance

 

7 August 2019

 

13.1            Certificate of Investment.................................................................................. 237


Council 7 August 2019

Item 13.1

 

13.1. Certificate of Investment     

 

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

 

Director Business and Governance  

 

 

Officer’s Recommendation

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 June 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), 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 June 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 $80,459,810 at 30 June 2019. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

April 2019

May 2019

June 2019

General Fund

$29,967

$25,036

$23,182

Water Fund

$18,462

$19,470

$20,409

Sewer Fund

$34,731

$37,299

$36,869

TOTAL

$83,160

$81,805

$80,460

 

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

As at 28 June 2019, BVSC’s available cash balance was $1,851,742 and the investment balance was $80,459,810. The investments are broken up as follows:

 

·     TCorpIM Cash Fund - $32,785,522

·     TCorpIM Strategic Cash Fund - $47,674,288

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.          2019.06.28 Investment Report TCorp Strategic Fund June 2019

2.          2019.06.28 Investment Report TCorp Cash Fund June 2019

 


Council

7 August 2019

Item 13.1 - Attachment 1

2019.06.28 Investment Report TCorp Strategic Fund June 2019

 


Council

7 August 2019

Item 13.1 - Attachment 2

2019.06.28 Investment Report TCorp Cash Fund June 2019

 

     


Council

7 August 2019

 

 

Questions with Notice

 

07 August 2019

 

17.1            Cr Tapscott Question on Notice - Minutes of S355 Committees...................... 237

17.2            Cr Dodds Question on Notice - Guide Posts...................................................... 237

17.3            Cr Tapscott Question on Notice - Grant money for sporting infastructure...... 237


Council 7 August 2019

Item 17.1

 

17.1. Cr Tapscott Question on Notice - Minutes of S355 Committees     

 

Response to Cr Tapscott’s Question on Notice at the Council meeting of 29 May 2019.

 

Director Assets and Operations  

 

Minutes of S355 Committees

On 29 May 2019, Cr Tapscott asked:

Are the Section 355 Committee meeting minutes are being forwarded to Council?

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

This was an action from the December 2018 Council meeting reporting of the site Committees and representatives that minutes from the site committees be sent to Council.

The minutes of the Feb 2019 S355 Committee Meeting (page 5) had a request for all site Committee meetings to be forwarded to Council.

Council have received site Committee minutes as itemised below, which are all filed in Council’s corporate records management system:

·    Eden George Brown Memorial Committee AGM

·    Pambula Sports Complex Committee

·    Tathra Lawrence Park AGM

·    Colombo Park Bemboka Lions Club committee

·    Candelo Site Committee

·    Bega Sporting Complex

Neither Bermagui Dickinson Oval or Berrambool Committees have held a site Committee meeting.

The Eden Barclay Street Sports Complex Committee have been meeting with a focus on the capital project which has been facilitated by Council officers.

Minutes have been requested from the Bermagui Indoor Stadium new Committee’s first meeting along with the updated nomination forms.

Reminder emails have been sent to all Committees and it has been added to the agenda as a regular agenda item for the S355 meetings.

 

Attachments

Nil

 


Council 7 August 2019

Item 17.2

 

17.2. Cr Dodds Question on Notice - Guide Posts     

 

Response to Cr Dodds’ Question on Notice at the Council meeting of 29 May 2019.

 

Director Assets and Operations  

 

Guide Posts

On 29 May 2019, Cr Dodds asked:

·    Are the guide posts separating the Wallaga Lake Road from the adjacent shared pathway opposite the Bermagui Primary School which were removed during recent road works being replaced? The line marking has been painted back on by Council; however the guide posts have not been re installed.  Community members are concerned for the safety of all. Are the guide posts being replaced?  If so when will this occur?

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

The guide posts were replaced week commencing 10 June 2019 refer to the photo below.

 

Attachments

Nil

 


Council 7 August 2019

Item 17.3

 

17.3. Cr Tapscott Question on Notice - Grant money for sporting infastructure     

 

Response to Cr Tapscott’s Question on Notice at the Council meeting of 29 May 2019.

 

Director Assets and Operations  

 

Grant money for sporting infrastructure

On 29 May 2019, Cr Tapscott asked:

·    what grant monies has been awarded through the Regional Sports fund to the Pambula Sporting Complex?

The question was taken on notice by the Director Assets and Operations who has provided the following answer to aspects of the question posed by Cr Tapscott:

What is the amount of funding awarded?

A public funding announcement just prior to the NSW State election was made on 23 Feb 2019 by The Hon Andrew Constance MP Member for Bega for:

·    Bega Sports Complex and Valley Fields - $8.5m

·    Pambula Sporting Complex - $4m

·    Merimbula, Ford Park Courts - $1m

At present the source or program of the funds has not been confirmed to Bega Valley Shire Council (BVSC). 

BVSC submitted a funding application under the Sports Infrastructure Fund.

1.    Who will hold funds and where are they now?

Council is waiting for advice and details on funding arrangements. Funding Deeds have not been issued yet.

2.    Who will manage the funds?

BVSC will manage the funds.

3.    Who will project manage the project?

BVSC staff will manage the project/s.

4.    Will it be a staged upgrade?

There are stages identified in the adopted Masterplans. Due to the scale of these projects, works will need to be staged.

5.    What stakeholder consultation will there be?

This was discussed at the Councillor workshop on the 5 June 2019.

Site Committees and user groups will be invited to a project update and briefing. This will include 3 key elements:

I. Overview / Review of the adopted Masterplans:

a)   Masterplans are high level and some amendments are expected through the detailed design and project delivery phases.

b)   Key items clarified in Masterplans are uses, facilities mix, provision and resourcing and a balance of items should be maintained.

c)   Design changes that keep intent and do not make significant changes to the key items above, typically do not need to be re-adopted. 

d)   Changes that impact facility mix and uses/users that are significant, should be reported back to Council to be adopted.

II.   Identification of significant recommended changes. Noting there is scope/scale for other amendments through detailed design and delivery phases.

III.  Review of priorities and staging:

The outcomes of the meetings will be reported to Council.

Throughout the project(s) key users of particular elements of these sites will be consulted on items of interest to them.

 

Attachments

Nil

       


Council

7 August 2019

 

Confidential Business

Adjournment Into Closed Session

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

 

Recommendation

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