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, 28 August 2019 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

Supplementary 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, Mrs Rebecca Jones

 

 

 


Council       28 August 2019

 

Supplementary Agenda

 

11   Staff Reports – Infrastructure, Waste and Water Accessibility

In accordance with the resolution of Council 20 September 2017, this section of the agenda will be chaired by the Mayor

11.6              Driftwood Village request to connect to Council's reticulated sewer.................................... 4.

           

 

 

 

 

 


Council

28 August 2019

 

 

Staff Reports – Infrastructure Waste And Water

 

28 August 2019

  

11.6            Driftwood Village request to connect to Council's reticulated sewer.................. 4


Council 28 August 2019

Item 11.6

 

11.6. Driftwood Village request to connect to Council's reticulated sewer      

 

At its meeting of 27 April 2004 Council resolved to provide reticulated sewerage to Acacia Ponds (Acacia) and Kalorama Caravan Park (Driftwood) on a user-pays basis. This report seeks a Council Resolution regarding acceptance of a reduced financial contribution from Driftwood to allow connection of their premises to Council’s sewerage system.

 

Director Assets and Operations   

 

 

Officer’s Recommendation

That Council reiterate its previously advised position in relation to contributions towards connecting Kalorama Caravan Park to Council’s Sewer network, being a capital contribution of $831,229 plus applicable Developer Contributions.

 

Executive Summary

Merimbula Lake has significant environmental value and supports vibrant aquaculture and tourism industries. Intensive development of Acacia and Driftwood land in the Millingandi area was historically constrained because of the inherent limitations of onsite sewage management.

Approximately 20 years ago Acacia and Driftwood developers approached Council seeking connection to the reticulated sewer system. At its meeting of 27 April 2004, Council resolved to provide in principle agreement for construction of reticulated sewerage on a user-pays basis.

On 30 June 2005 Council and Acacia executed a Heads of Agreement to allow construction of a reticulated sewerage system. At a later stage in the process, Driftwood representatives advised Council they would be unable to contribute to the construction costs. They are not currently connected to the sewerage system.

Representatives of the Driftwood company have expressed a renewed interest in a connection and have made a reduced offer of $500,000 as their contribution towards historical construction costs incurred by Council.   

Background

On 27 April 2004 Council resolved to build a sewer pump station and rising main to allow Acacia and Driftwood to connect to sewerage and enable further development. (Attachment 1)

The parks were to contribute, on a user pays basis, towards the tendered construction cost of the sewer pump station and rising main with Section 64 contributions to be apportioned across the two properties, based on current and potential development. It should be noted the Section 64 charges are not relevant to this report due to recent policy changes.

On 30 September 2010, Acacia signed a Heads of Agreement (Attachment 2) and paid both Section 64 and construction contributions to Council.  On 4 March 2011 Driftwood withdrew their interest in a connection in association with a withdrawal of a Development Application. (Attachment 3)

Council engaged contractors, Poonindie Pty Ltd (Attachment 4), to build the sewer pump station and rising main for $1.7 million based on the maximum capacity both parks would place on the system with future possible development. The works were completed in 2011.

On 17 March 2011 representatives from Driftwood met with Council officers to discuss options to connect.  On 4 April 2011 Council’s General Manager advised Driftwood of an agreeable reduced contribution proposal for construction costs and Section 64 contributions. (Attachment 5)

On 13 March 2019, representatives of Driftwood again approached Council with a commercial offer for connection to the sewer system. (Attachment 6) It should be noted the offer is significantly lower than the original apportioned contribution cost as detailed in Council’s letter of 4 April 2011.

Options

The following options are available for Council consideration

·    Accept the $500,000 offer.

·    Reject the $500,000 offer and advise Driftwood the terms of the 4 April 2011 letter still apply.

·    Reject the $500,000 offer and seek a revised increased offer from Driftwood.

Financial and resource considerations

Construction works have been completed for a tendered sum of $1.7 million. Connection of Driftwood would allow some recouping of the capital funds expended.

Legal /Policy

The construction of the pump station and rising main, resulted in Council involvement in private sector developer works. This is not a policy position that would be supported by Council unless there is extenuating circumstances, noting in this case the importance of protecting the integrity of the Merimbula Lake.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The constructed works benefit two private entities and have little strategic alignment with Council core business in Sewerage Services although it should be noted that having one consolidated sewerage system rather than onsite solutions does have potential to minimise environmental failure points.

Environmental / Sustainability

The pump station and rising main works have allowed development in Millingandi to take place in an environmentally sustainable manner. By having the existing development connected to the reticulated sewer system, that has capacity to cater for that demand, it is likely that environmental risks will be reduced.

Economic

The constructed works provided direct economic benefit to the Acacia and Driftwood developments. Aquaculture and tourism industries are indirect economic beneficiaries.

Risk

Currently, Council would not ordinarily enter into arrangements with developers to facilitate infrastructure construction supporting their development, unless identified in an adopted servicing strategy. It should be noted that consideration of this report relates to historical decisions of Council, and it would not be recommended that Council consider entering into any similar arrangements for new infrastructure.

Given that the existing system has the capacity to take the proposed loads, it is not expected there would be any infrastructure related issues, should Council support connection of the Driftwood development.

 

Attachments

1.          2004.04.27 Council meeting resolution report Driftwood Village

2.          Signed deed of agreement for sewerage services between Acacia Ponds and Bega Valley Shire Council

3.          2011.03.04 Email from Chairman of Driftwood Village P/L Wayne Matthews advising withdrawal of a Development Application

4.          2010.09.21 Council report and tender acceptance for Stringybark Place Sewage Pump Station

5.          2011.04.04 Peter Tegart letter to Driftwood Village Pty Ltd

6.          2019.03.13 Email from Chairman of Driftwood Village P/L Wayne Matthews - Commercial offer for connection to the sewer system

 


Council

28 August 2019

Item 11.6 - Attachment 1

2004.04.27 Council meeting resolution report Driftwood Village

 


Council

28 August 2019

Item 11.6 - Attachment 2

Signed deed of agreement for sewerage services between Acacia Ponds and Bega Valley Shire Council

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

28 August 2019

Item 11.6 - Attachment 3

2011.03.04 Email from Chairman of Driftwood Village P/L Wayne Matthews advising withdrawal of a Development Application

 


Council

28 August 2019

Item 11.6 - Attachment 4

2010.09.21 Council report and tender acceptance for Stringybark Place Sewage Pump Station

 


 


 


 


 


 


 


 


 


Council

28 August 2019

Item 11.6 - Attachment 5

2011.04.04 Peter Tegart letter to Driftwood Village Pty Ltd

 


 


Council

28 August 2019

Item 11.6 - Attachment 6

2019.03.13 Email from Chairman of Driftwood Village P/L Wayne Matthews - Commercial offer for connection to the sewer system

 


 

 

 


Council

28 August 2019

 

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