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OrdinaryMeeting 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
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OrdinaryMeeting 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
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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.
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.
· 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?
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.
· 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.
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?
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.
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.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
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)
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Item no & subject |
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Pecuniary Interest
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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. |
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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. |
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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. |
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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. |
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If Pecuniary |
Leave chamber |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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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 |
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Print Name |
I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above. |
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Signed |
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NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.
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Council |
5 February 2020 |
Recommendation
That the Minutes of the Ordinary Meeting held on 29 January 2020 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be prior to discussion on each item.
6.1 Power, communications and access for designated evacuation centres................................ 8
8.1 Outcome of the Exhibition of Draft Rural Residential Strategy............................................... 11
Nil Reports
Nil Reports
11.1 Sportsground Site Committee Volunteer Nominations.......................................................... 134
11.2 Floodplain Management Grant Offers...................................................................................... 137
11.3 Water Restrictions....................................................................................................................... 142
12.1 2019/20 Bega Valley Bushfire Council fee and charges waivers......................................... 154
Nil Reports
16.1 Tree Removal Signs...................................................................................................................... 160
16.2 Re-constitution of Bega Valley Shire Youth Council............................................................... 161
17.1 Water Connections - Main Trunk System................................................................................. 163
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public......................... 165
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Council |
5 February 2020 |
Mayoral Minutes
05 February 2020
6.1 Power, communications and access for designated evacuation centres............. 8
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Council 5 February 2020 |
Item 6.1 |
Cr McBain, Mayor
That:
1. Council staff prepare a report to Council providing an assessment of the key locations for evacuation centres across the Shire, including the needs for accessibility, modifications to ensure adequate communications (PA systems) and shelter, Solar PV and back up battery systems or generators to be available for Council facilities that are used as neighbourhood safer places, or places for community to gather and exchange information in times of crisis such as community halls. In prioritising this list extra weight be given to facilities that are in communities that have one road in/out.
2. Council audit identified possible evacuations centres to ensure that they have the
electrical capacity to be connected to an emergency generator and if not rectify as
required.
3. Council work with Office of Emergency Management to create an emergency response
kit for each of these locations, such a kit could include a satellite phone or radio communications for guidance for communities who become isolated during a crisis etc.
4. Council request that the NSW State Government offer a funding package to assist in this type of ‘disaster proofing’ in community.
5. Council also request that the NSW State Government fund any modifications that need
to be made to public and private buildings that act as Evacuation Centres as a matter of priority and also investigate increasing funding for already identified projects to include these aspects.
6. Council request that the State Government work with the State’s energy network providers to look at better ‘future proofing’ for small communities that are at the end of the line through micro grid solutions.
7. These representations are also sent to the relevant Federal Ministers.
Power and communications are two high needs for communities during times of
crisis. The 2020 Bush Fires disaster, which commenced on 30 December 2019, rapidly destroyed and disrupted power and communications – destruction that is still being rectified as I write. It was distressing for our whole community, but those who felt the impact the most are our towns, villages and settlements that were isolated during the disaster and this is still a concern. In rebuilding our community, we need to look for opportunity for better outcomes in the future, this minute attempts to address just one small demand.
A straightforward way of dealing with some of the issues at hand, by doing this
work locally Council can also contribute to the rebuild of our local economy that has taken a
massive hit already this year. In requesting the State Government intervention to look at future proofing the electricity grid through micro grid opportunities, not only do we place our own communities in a better position we can also assist the rest of the state. An audit should be undertaken once the immediate emergency works are complete to prioritise those communities for ‘future proofing’ through micro grid style changes.
Once the access roads have been cleared of fallen trees it was plain to see that the destruction of power poles would need a small army of contractors to fix and would take some time to get up and running. What was also noted was that some small pockets of communities could have been serviced better if a grid separation point that gave the ability to connect a generator were in place and could have provided emergency power much quicker while the main fix was on. It may not have provided a full power service but could have been enough to run domestic fridges, battery chargers and vital medical equipment and provided a better sense of security for the community. Opportunities also exist to provide standalone Solar PV systems (with backup generators) instead of replacing costly poles and wire solutions that take long periods of time to replace over rugged terrain in more remote locations. This of course would need to be assessed and done in consultation with dispersed affected communities and have some measure of financial assistance provided in the future for replacement components.
Nil
Council |
5 February 2020 |
8.1 Outcome of the Exhibition of Draft Rural Residential Strategy......................... 11
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Council 5 February 2020 |
Item 8.1 |
This report provides a summary of feedback to the exhibition of the draft Rural Residential Strategy and recommends Council adopt the draft Strategy with amendments.
Director Community Environment and Planning
Executive Summary
Council publicly exhibited the draft Rural Residential Strategy in October and November 2019, with 23 submissions received. After review of the submissions and comments, several changes to the exhibited draft Strategy are recommended. As none of the proposed changes substantially change the directions outlined in the exhibited draft Strategy, it is recommended that Council resolve to adopt the Strategy (Attachment 1), which includes amendments to the exhibited draft outlined in this report. Staff consider that the proposed amendments do not substantially change the directions outlined in the exhibited draft Strategy. Once adopted, it is recommended that the Strategy be provided to the Department of Planning, Industry and Environment (DPIE) for endorsement.
Background
Council has identified a need to provide strategic direction for the future growth and management of rural residential development. This includes planning for future rural residential opportunities with consideration of localised demand and supply with consideration of important productive, environmental, and scenic landscape attributes.
The original draft Rural Living Strategic Directions report was publicly exhibited from 4 February to 5 March 2019. Following consideration of the issues raised in submissions to the draft and advice from DPIE, Council resolved on 9 October 2019 to re-exhibit a substantially amended document called the draft Rural Residential Strategy.
Options
Several amendments to the draft Strategy are recommended to address issues raised in submissions that are supported by staff. There were also several other requested amendments to the draft Strategy that are not supported by staff, which are outlined in Attachment 2.
Council has the option to:
1. Support the recommended changes and adopt the Strategy provided in Attachment 1. This is the recommended option.
2. Adopt the draft Strategy as exhibited.
3. Identify alternative amendments to either the proposed Strategy or exhibited draft Strategy. Council would need to identify these changes and the planning rationale for their inclusion in any adopted Strategy.
Community Engagement
Consultation undertaken
The draft Strategy was exhibited for a period of 28 days from 15 October to 17 November 2019. The draft Strategy was also referred to relevant NSW Government agencies and local organisations, including the Local Aboriginal Land Councils (LALCs), Bega Cheese and the Oyster Growers Association. Copies of the document were placed in Council’s Zingel Place office as well as the Bega, Tura Marrang, Eden and Bermagui libraries. Notification of the exhibition was placed in all local papers and on Council’s Facebook page. The public could also make comments through the ‘Have Your Say’ page on Council’s website.
Summary of submissions
Twenty-three submissions were received comprising 18 public, 4 agency and one LALC (Bega) during the exhibition period. A summary of each of the submissions received, discussion from Council staff and recommended amendments to the draft strategy, are detailed in Attachment 2. The following is a summary of the issues raised and recommended amendments to the Rural Residential Strategy;
1. Agriculture
Issues:
· Support approach of excluding important agricultural land
· Agricultural economic viability is not a land use consideration
· Against exclusion of concessional lots from supply calculations
· Against including land zoned rural or surrounded by fragmented farmland for rural residential zoning or reduction in lot sizes
· Rural land is finite and should be valued for food and fibre production
· Local food production and small lot agriculture should be encouraged
· Rural residential development causes land use conflict
· Once land subdivided is hard to restore to rural land
· Dams for dwellings reduce water supply for agriculture
· Support proposed review of RU4 land to identify suitable land for small lot agriculture
· Requests for land be considered for RU4 zoning
· Recommend RU4 is categorised as a general rural zone
· Against secondary dwellings in RU4 zone
· Against reduction in minimum lot sizes in RU4 zone until review completed
· Need more details on requirements for RU4 planning proposals
Recommended amendment:
Ø Change RU4 from being considered a rural residential zone to a general rural zone
Ø Include existing RU4 zone land in the future RU4 review
Ø Amend page 6 ‘Future planning proposals’ to delete ‘economic viability’ and add ‘proximity to other agricultural land uses’
Ø Remove existing RU4 zone in Pambula Area 2 and Bega Area 1 from lot size reduction considerations
2. Oppose rural residential development (non-agriculture)
Issues:
· Ecologically unsustainable: rural land should be used for production, landscape, ecosystem services, habitat, recreation and tourism
· Causes land use conflicts, infrastructure issues and isolation
· Bad for community: expensive to service, causes weeds, pests and diseases, poorly managed waste, requires clearing, causes polluted runoff, high cost of transport and social isolation
· Should support eco-villages instead of inefficient estate developments
· Oppose secondary dwellings as no town water or sewer and will put more pressure on local environment
· Opposed to more rural smallholdings in Lochiel due to existing land use conflict, water scarcity, road condition, bushfire hazard and burden to ratepayers
· Tathra Area 2 problems with safe access, privacy, amenity and stormwater runoff from future development
· Pambula Area 3 problems with impact on quality of lifestyle and increased sediments/pollutants into Panboola Wetlands and area highly constrained by biodiversity, bushfire, topography, access and catchment issues.
Recommended amendment:
Ø No change
3. Bushfire
Issues:
· Concern about Towamba area as emergency egress roads are not yet sealed
· Rezoning applications need to adequately address bushfire risk
Recommended amendment:
Ø Remove the area mapped for proposed rural residential zones in Towamba as a precaution given the potential bushfire risk and given that current supply is estimated to be enough for 16 years.
Ø Amend page 6 ‘Future planning proposals’ to clarify that planning proposals must meet the requirements of Section 9.1, Planning Direction 4.4, Planning for Bushfire Protection and demonstrate compliance with the NSW RFS Planning for Bushfire Guidelines 2018 strategic planning requirements
4. Biodiversity
Issues:
· Concern recommended areas contain intact native vegetation / are within mapped biodiversity corridors or High Environmental Value mapping / have potential for endangered ecological communities
· Recommend further studies
· Against E4 zoned land connected to reticulated services being lot sized below 2ha
Recommended amendment:
Ø Amend page 6 ‘Future planning proposals’ to clarify that planning proposals must consider impacts on native flora and fauna
Ø Add statement that on land proposed to be rezoned to E4, lot sizes of 2ha or less will not be supported where the land could be connected to reticulated water or sewer
5. Aboriginal Cultural Heritage
Issues:
· Concern about lack of consideration of aboriginal cultural heritage values
· Need cultural heritage studies including archaeological assessment
Recommended amendment:
Ø Amend page 6 ‘Future planning proposals’ to clarify that planning proposals must consider impacts on Aboriginal cultural heritage
6. Flood
Issue:
· Concern about lack of contemporary flood and coastal information in some parts of the Shire
Recommended amendment:
Ø Amend page 6 ‘Future planning proposals’ to include ‘cumulative impacts of on-site sewer’ as a consideration for planning proposals
7. Access
Issues:
· Expect planning proposals to be supported by traffic and access details
· Recommends an access management strategy for each recommended area
Recommended amendment:
Ø Amend page 6 ‘Future planning proposals’ from ‘Access’ to ‘Access and traffic management’.
8. Local Aboriginal Land Council Land Holdings
Issues:
· Lack of identification of Lands Council land in the areas proposed for future rural residential zoning
· Request that planning strategies do not place unnecessary constraints on current or future Land Council land holdings
Recommended amendment:
Ø Include the wording on page 8 endorsed by DPIE and LALCs to enable the land holdings of the Bega, Eden and Merrimans Land Councils to be included in the Strategy.
9. Requests for land to be included in future growth areas
· Stoney Road, South Bega (Bega Area 4)
· West Kameruka Rd, Candelo (Candelo Area 1)
· Candelo Bega Road, Candelo (Candelo Area 1)
· Cobargo-Bermagui Road, Cobargo (Cobargo Area 1)
· Princes Highway, Greigs Flat (Pambula Area 5)
· 300 Mount Darragh Road, Lochiel (Pambula Area 4)
· 689 Back Creek Road, Lochiel (Pambula Area 4)
· Pericoe Road, Towamba (Towamba Area 1)
Recommended amendment:
Ø Include the subject land in West Kameruka Rd and Candelo Bega Road, Candelo; Princes Highway, Greigs Flat; Mt Darragh Road, Lochiel; Cobargo-Bermagui Road within the areas identified for proposed rural residential zones in the relevant catchments.
Ø No change regarding Stoney Road, South Bega; Pericoe Road, Towamba and 689 Back Creek Road, Lochiel.
10. Boydtown
Issue:
· Strategy should support latest Boydtown masterplan
Recommended amendment:
Ø The summary of findings for Eden Area 2 be expanded to add the following: ‘The final rural residential lot yield on this land will be determined through this or subsequent planning proposals for the land’.
11. Support for draft strategy
· Support further subdivision of existing rural residential zoned land
· Support limiting supply of rural residential to land close to towns and villages
· Support inclusion of land in Merimbula Area 3 / Wolumla Area 4
· General support for draft Strategy
Recommended amendment:
Ø No change
12. Other issues
· Include action plan and timeframes for completion
· Policy should aim for higher turnover of rural residential owners
· Strategy should encourage affordable housing and ageing in place in rural areas
· Question relationship of draft strategy to Economic Development Strategy and Climate Resilience Strategy
· Demand estimates in draft strategy are conservative but realistic but supply estimates very optimistic
· Requests that land be included in the draft South Pambula Rural Residential Land Planning Proposal
· Support changes to clause 4.2A and opposed to prohibition of cul-de-sacs
Recommended amendment:
Ø No change
Financial and resource considerations
The preparation of the Strategy and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2019-20 budget.
Legal /Policy
Once adopted, the Rural Residential Strategy will represent Council’s endorsed policy position with regard to rural residential development. It will be a key guiding document for future reviews of the Bega Valley Local Environmental 2013 and will inform Council’s Local Strategic Planning Statement, which is currently under development.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The completion of the Rural Residential Strategy is a key result area for Council in the 2019-20 Operational Plan and is a critical supporting document to inform the Local Strategic Planning Statement currently being prepared.
The Rural Residential Strategy addresses the following strategies in the Bega Valley Community Strategic Plan 2040:
· Strategy 7: Collaborate with relevant parties to promote opportunities that will grow and diversify our economy and provide employment including research and education initiatives, micro industries and other innovative creative and sustainable industries.
· Strategy 11: Ensure land use planning and resource use protects the quality of the natural environment, the existing character of rural landscapes and the high value agricultural land.
The Strategy addresses the following directions of the South East and Tablelands Regional Plan 2036:
· Direction 28: new rural residential development is supported only where it has been identified in a local housing strategy approved by the Department of Planning.
· Direction 5: promote agricultural innovation, sustainability and value-add opportunities.
Environmental/Sustainability
The Strategy has identified areas for future rural residential growth, having regard to environmental considerations and sustainability principles.
Economic
Provision of rural residential land is an important component of the residential offerings available to the market and supports diversity in both housing stock and local agribusiness.
Risk
In accordance with the South Coast and Tablelands Regional Plan 2036, land is unable to be zoned to meet rural residential growth demands without an adopted strategy.
Social / Cultural
The Strategy seeks to provide affordable and diverse housing and reflect the importance of rural living to the local community.
1⇩. Rural Residential Strategy for Adoption
2⇩. Summary of Submissions to Draft Rural Residential Strategy
3⇩. Amendments to Exhibited Draft Rural Residential Strategy
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5 February 2020 |
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Item 8.1 - Attachment 2 |
Summary of Submissions to Draft Rural Residential Strategy |
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5 February 2020 |
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Item 8.1 - Attachment 3 |
Amendments to Exhibited Draft Rural Residential Strategy |
Council |
5 February 2020 |
11.1 Sportsground Site Committee Volunteer Nominations..................................... 134
11.2 Floodplain Management Grant Offers.............................................................. 137
11.3 Water Restrictions............................................................................................. 142
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Council 5 February 2020 |
Item 11.1 |
11.1. Sportsground Site Committee Volunteer Nominations
Nominations of individual Sportsground Site Committees and Section 355 Committee for Bemboka Colombo Park, Candelo John Gordon Recreational Reserve, Bermagui Dickinson Oval and Tathra Lawrence Park are presented for Council consideration.
Director Assets and Operations
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1. That the nominees listed below for membership of Bemboka Colombo Park, Candelo John Gordon Recreational Reserve, Bermagui Dickinson Oval and Tathra Lawrence Park Site Committees be appointed. 2. That the nominations for S355 General Sportsground Committee representatives for Bemboka Colombo Park, Bermagui Dickinson Oval and Tathra Lawrence Park be endorsed as follows:
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Executive Summary
Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator or spectator.
An active lifestyle and involvement in sport and recreation provides physical and social health benefits. Individual and team sports promote social cohesion, networking and a development of friendships and can improve social skills.
There are currently 15 sportsground sites managed by Council across the Shire, with volunteer committees in place at many sites and working in partnership with Council.
The participation of volunteers in the care and management of Council’s Sportsgrounds is an important way in which these facilities are activated, maintained and remain suitable for user needs. Volunteer input and assistance into the operations and management of sportsgrounds across the Shire is through a two-tier Committee structure.
Sportsground Site Committees are made up of user group representatives and community members interested in the operations and management at individual sites. Committee membership is based on the Site Committee Guidelines endorsed by Council.
Background
There are four Site Committees with nominees included in this report. They are:
John Gordon Recreational Reserve Candelo - Candelo Market Committee has had a strong committee and most of these volunteers make up the John Gordon Recreational Reserve. This endorsement will formalise representatives on the Site Committee. Further nominations are expected to be received.
Colombo Park Bemboka - The Bemboka volunteer nomination is a new member of the site committee and as a second representative of Colombo Park at the S355 General Sportsground Committee.
Dickinson Oval Bermagui - Dickinson Oval’s Site Committee and S355 general sportsground committee members (two representatives) have resigned. New Site Committee and S355 committee members have been nominated representing the cricket club and the AFL club and are included for endorsement.
Lawrence Park Tathra - Lawrence Park has had extensive changes to the site committee over the last twelve months. Representatives from the Cricket Club, AFL Club and community is submitted for endorsement, with nominations from the Cricket Club and AFL Club for representation on the S355 General Sportsground Committee included. It is also expected that two more nominations will be received from the Cricket Club in the near future.
Legal /Policy
Council’s framework for working with the community in the management of sportsgrounds is based on two levels of committees – the S355 General Sportsgrounds Committee and Sportsground Site Committees for individual sportsground sites.
Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally. The delegated functions of the S355 General Sportsground Committee are set out in the S355 General Sportsground Committee Guidelines which prescribe the manner the S355 and General Site Committees operate.
Policy
Council advertises for nominations for Sportsgrounds Site Committees members at the beginning of the committee term, which aligns with the four-year Council term.
Mid - term nominations are not unusual. Typically, additional nominations can come about through changes in involvement in local sports clubs and / or increased interest in being involved in the site committees. Those nominations are welcome, and processing nominations once they are received is relatively straight forward. This report to Council gives the mechanism for nominees to be formally appointed to Site Committees.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care
Social / Cultural
Council’s sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities. The involvement of volunteers helps see these facilities are well utilised and better able to meet community needs. Involvement in Sportsground Committees also provides benefits to many individual volunteers by increasing their community connections and building their capacity through participation. Council recognises the number and quality of sportsground facilities could not be provided without the efforts of Sportsground Committees and the wide range of volunteers who assist in managing and maintaining the facilities.
Attachments
Nil
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Council 5 February 2020 |
Item 11.2 |
11.2. Floodplain Management Grant Offers
Council has been offered 2 grants of $90,000 each from the Department of Planning, Industry and Environment, under its Floodplain Management Grants Scheme for the 2019/2020 financial year grant round that now requires formal acceptance by Council
Director Assets and Operations
1. That the grant offer of $90,000 from the Department of Planning, Industry and Environment for preparation of Council’s Wolumla Creek Flood Study at Wolumla and Surrounds be accepted and the funding agreement be executed by the General Manager.
2. That the grant offer of $90,000 from the Department of Planning, Industry and Environment for preparation of Council’s Bega and Brogo Rivers Catchment Flood Warning System Scoping Feasibility Study be accepted and the funding agreement be executed by the General Manager.
3. That the relevant grant co-contributions and budget allocations be made available for each project from General Fund during the project delivery period as per conditions of the funding agreement.
Executive SummaryApplication was made to the NSW Department Planning, Industry and Environment Floodplain Management Program Grants Scheme on 13 March 2019 for the Wolumla Creek Flood Study at Wolumla and surrounds and 15 March 2019 for the Bega and Brogo Rivers Catchment Flood Warning System Scoping Feasibility. Council was notified on 29 October 2019 of its successful applications and has received a grant offer of $90,000 each for completion of the proposed project.
Council’s endorsement to accept the grant offers and delegation of the execution of the relevant funding deeds with Department Planning, Industry and Environment to the General Manager is now required.
In accepting the grant offer, Council will be required to comply with the conditions of the funding deeds including providing a co-contribution and budget allocation of $45 000 of matching funds for each project during the grant terms to allow the corresponding flood study project to be completed which is likely to span 2 or more financial years.
Background
The Floodplain Management Program supports the implementation of the NSW Government's Flood Prone Land Policy, as outlined in the NSW Government's Floodplain Development Manual 2005.
The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities, as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.
The NSW Government recommends that local Councils understand and manage their flood risk through the floodplain risk management process, as outlined in the Manual.
The Floodplain Management Program provides financial support to Councils and eligible public land managers to:
· Make informed decisions on managing flood risk, by preparing Floodplain Risk Management Plans (and associated background studies) under the floodplain risk management process;
· Implement Floodplain Risk Management Plans to reduce flood risk to both existing and future development and reduce losses through a range of property, flood and response modification measures as outlined in the Manual;
· Provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.
Assistance under the program is normally offered by the State Government providing $2 for every $1 provided by local Councils.
The flood study forms an initial stage towards development of a comprehensive Flood Study, in accordance with the NSW Floodplain Development Manual 2005.
The data acquired during the flood study will be essential for development of detailed rainfall/runoff (hydrology) and flood (hydraulic) models. The models will provide the technical analysis required for the flood study and development of any future Floodplain Risk Management Study and subsequent Floodplain Risk Management Plan.
The scoping and feasibility study forms the penultimate stage towards implementation of any flood warning system, in accordance with the NSW Floodplain Development Manual 2005.
The data acquired during the scoping and feasibility study will be essential for development of detailed options for any implementation strategy. The options will provide the technical analysis required for the scoping and feasibility study and implementation of any future flood warning system.
The Department of Planning, Industry and Environment, supports Councils by providing funding and technical assistance for various floodplain management projects like flood studies and scoping and feasibility studies for implementation of floodplain risk management measures.
The executed funding deed was notionally due to submitted to the Department of Planning, Industry and Environment 13th December 2019. The funding offer may lapse with further delay. A work plan is to be submitted to the funding body by 1 April 2020.
Options
Council has 2 options available.
The first option is to accept the grant offers and then provide the relevant co-contributions to allow the projects to be completed to allow Council to meet its obligations under the NSW Government Flood Prone Land policy, 2005 Floodplain Development Manual and s733 of the 1993 NSW Local Government Act. Under s733 of the Local Government Act 1993, Council will generally not incur liability for advice given or things done or omitted to be done in good faith insofar as the advice or things relate to the likelihood of land being flooded. A council is taken to have acted in good faith, (unless the contrary is proved), if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles in the Manual.
The 2nd option is to not accept the grants and then accept any identified operational risks within land-use planning, strategic asset or emergency response planning operations from a lack of detailed flood information in either catchment.
The best option available is to accept the grant offers to allow the flood study and flood warning scoping and feasibility to be completed for the identified catchments so regulatory obligations can be met and any identified flood risk can be managed appropriately.
Community Engagement
Consultation undertaken
The State Emergency Service, Local Emergency Management Committee, internal staff and Council’s Floodplain Risk Management Focus Group were consulted during the development of the grant applications. Relevant letters of support were secured for the grant applications from key agencies involved in emergency response.
Consultation Planned
Consultation with the community is an integral part of the flood study completion process. Media releases, radio interviews and community flood survey questionnaires are typically undertaken during a flood study project. Consultation with State Government agencies and residents within the Wolumla Creek catchment will be undertaken, using a variety of activities.
Other consultation activities required typically include public information meetings, public exhibition of the draft flood study, processing of submissions and presentation of the completed report to Council.
Similar activities are also typical of scoping and feasibility studies.
Council consideration of input
Council formally considers the flood study and scoping and feasibility findings following a period of public exhibition of the draft reports, draft findings and recommendations.
The draft findings and recommendations are developed following initial community consultation to gather information. The final recommendations are then developed following any consideration of submissions received during the public exhibition of draft reports.
Financial and resource considerations
The grant offers are made on the basis of 2:1 (State: Council) contribution. Not accepting the grant offers will mean Council having to source the additional funds of $90,000 for each project from internal Council sources, not yet allocated to the flood study or scoping and feasibility projects and may have impacts on other projects commencing as scheduled.
The grant funding would be available for a maximum period of three years, as per the conditions of the grants to enable the projects to be completed. Council would need to allocate the required matching contribution of $45,000 for each project (totalling $90,000) over the project period, which may extend up to two years in practice over the 2020/21 and 2021/22 financial years.
Additional resources required will be the efforts of operational staff from within Council’s Asset and Operations and Community, Environment and Planning Directorates.
The required grant co-contributions are currently unfunded within the 2019/2020 financial year.
|
Funding source |
|
Amount |
|
General Fund |
$ |
90 000 |
Legal /Policy
Acceptance of the grant offers will bind Council to deliver the projects in accordance with the terms of the funding agreements during the grant funding term.
The grant offers will require formal acquittal at project completion, with supporting financial documentation attesting to the full and proper expenditure on approved activities under the funding agreements.
The acceptance of the grant offer will allow preparation of the flood study project that will ultimately provide Council with contemporary flood risk mapping and information in accordance with the NSW Floodplain Risk Management Manual 2005 requirements to meet its obligations under the 1993 NSW Local Government Act.
The acceptance of the grant offer will allow preparation of a scoping and feasibility study project that will ultimately provide Council with options and costings in order to implement any appropriate flood warning system as part of its adopted 2018 Bega and Brogo Rivers Floodplain Risk Management Plan in accordance with the NSW Floodplain Risk Management Manual 2005 requirements to meet its obligations under the 1993 NSW Local Government Act.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The acceptance of the grant offers have a number of strategic implications.
The completed flood study outputs will form further inputs into a subsequent future Floodplain Risk Management Study and Floodplain Risk Management Plan for the Wolumla Creek catchment.
Any outputs from flood studies, floodplain risk management studies or floodplain risk management plans will together produce inputs into Council’s current Bega Valley Local Environmental Plan 2013 with its accompanying Development Control Plan (DCP) 2013.
The flood study and any floodplain risk management study and plan outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential works projects arising from any subsequent finalised floodplain risk management recommendations. These potential future works projects or other actions identified in the floodplain risk management may then need to be considered as part of Council’s Strategic Asset and Long Term Financial planning.
Identified actions in an adopted Floodplain Risk Management Plan are commonly eligible for funding under various NSW Government Floodplain Risk Management programmes subject to conditions.
Acceptance of the grant offer and completion of the subsequent flood study project will achieve the outcomes and actions in the 2017/2021 Delivery Plan namely to ‘Identify and complete floodplain risk management projects’ for:
Outcome 5 – Connected Communities
Goal 10: We have a network of good quality roads, footpaths, cycleways connecting communities throughout the Shire and beyond.
The flood study outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential projects, such as a subsequent Flood Risk Management Study and Floodplain Risk Management Plan and its implementation.
Similarly, the completed flood warning system scoping and feasibility study outputs will form further inputs into a subsequent implementation of a flood warning system as part an identified action within Council’s adopted 2018 Floodplain Risk Management Plan for the Bega and Brogo Rivers catchment.
Actions within adopted Floodplain Risk Management Plans are commonly eligible for funding for implementation under NSW Government Floodplain Risk Management grant programmes.
Environmental / Sustainability
Issues of climate change and sea level rise are commonly investigated during flood study projects funded through the NSW Floodplain Management programme according to prevailing technical guidelines for such projects.
Economic
Acceptance of the grant offers may lead to some minor economic benefits during project delivery such as consumption of local goods and services.
Flood study information will provide key inputs into any future subsequent floodplain risk management study and plan that identifies key measures to mitigate the impacts of flood risk. The principal economic benefit from implementing any subsequent identified measures from a floodplain risk management plan is to reduce the economic impacts of flooding.
Similarly, improved flood warning aims to reduce economic impacts of flooding through better emergency planning and response.
Risk
Once the flood study and scoping and feasibility study are completed, a review of protection of Council assets may be required.
The completed study outputs are typically supplied to the State Emergency Services to better plan for emergency response in managing the flood risk to the community.
The flood study outputs also inform land-use planning activities which can also assist in managing the flood risk to the community.
Social / Cultural
Once the flood study and scoping and feasibility studies are completed a review of emergency response and access issues during flood events may be required.
Attachments
Nil
|
Council 5 February 2020 |
Item 11.3 |
Council consideration is sought for the introduction of Level 1 water restrictions across the Shire due to the continuing decline in water storage levels for all water supply systems, the ongoing drought and bushfire threat. The introduction of Level 1 water restrictions now will help with timely adjustments to water restrictions levels should the availability of high-quality drinking water become temporarily limited following rainfall in bushfire affected catchments.
Director Assets and Operations
1. That consideration be given to the introduction of Level 1 water restrictions for all four (4) water supply systems in the Bega Valley Shire.
2. That the General Manager be delegated to implement future decisions on water restrictions until current drought conditions ease to enable timely responses to storage level declines or water supply or quality issues created by the bushfires.
Executive Summary
There are four (4) water supply systems in the shire. Each relies on different water storages for continued water supply to communities during drought. The current situation for these storages varies although all are at low levels.
The consideration of water restrictions is guided by Drought Management Action Plans (DMAP) for each water supply system. Trigger levels for considering water restrictions have been reached for the Bemboka and Brogo-Bermagui water supply systems and are anticipated to be reached for the Tantawanglo-Kiah water supply system and Bega-Tathra water supply system over the next two (2) months, assuming zero dam inflows or groundwater recharge in the meantime.
Introducing a common level of water restrictions now for all systems is recommended due to widespread low storage levels, ongoing drought and impact of bushfires on water supply and quality. A common level of water restrictions across the shire will help with Council messaging and community understanding of the rules. Level 1 water restrictions are recommended for introduction across the shire now.
Providing the General Manager with the authority to vary or lift water restrictions, following their introduction, will enable timely and appropriate responses to conditions as they evolve.
Water restrictions are one of many drought management measures being implemented by BVSC to prolong water supplies until rainfall refills dams and recharges alluvial groundwater. A reduction in demand through formal water restrictions now is considered timely in this context. Our community is generally wise with water use and considerate of the need not to waste water. It is anticipated that the introduction of water restrictions will be generally accepted.
Background
There are four (4) drinking water supply systems in the Bega Valley Shire (Attachment 1.) Each water supply system has a Drought Management Action Plan (DMAP) that defines trigger levels for supply-side and demand-side actions to prolong water supplies. The main DMAP trigger levels for the consideration of water restrictions are shown in Table 1.
|
Water supply system |
Drought water storage |
Owner of drought water storage |
Water restrictions trigger level in DMAP |
Trigger level reached |
Date trigger reached or anticipated to be reached |
|
Bemboka |
Cochrane Dam |
Cochrane Dam Pty Ltd |
Drought Reserve release occurring from Cochrane Dam and expectation of continuation |
Yes |
15/11/19 |
|
Brogo-Bermagui |
Brogo Dam |
WaterNSW |
Restrictions introduced for general security take under section 324 of the Water Management Act 2000 |
Yes |
07/01/20 |
|
Tantawanglo-Kiah |
Yellow Pinch Dam (YPD) and Ben Boyd Dam (BBD) |
BVSC |
YPD ≤ 60% |
No |
02/03/20 |
|
Bega-Tathra |
Bega River alluvial aquifer |
Crown |
Groundwater level @ The Ranch monitoring Bore ≤4.5 m AHD |
No |
15/04/20 |
Table 1. Drought Management Action Plan trigger levels for the consideration of water restrictions
Water storage levels over the last 20 years in relation to DMAP water restrictions trigger levels for each system are shown in Attachment 1.
Factors to consider for the introduction of water restrictions are outlined below.
Bemboka water supply system:
The release of water from Cochrane Dam drought reserve commenced on 11 November 2019. Council considered the introduction of Level 1 water restrictions for Bemboka at the meeting of 11 December 2019 and resolved not to implement water restrictions at that time.
The supply of water for Bemboka village has been dependent on water released from Cochrane Dam drought reserve since November last year. Water for Bemboka village is extracted from the Bemboka River approximately 10 km downstream of the dam. Daily volumes released from the drought reserve have varied between 1.7 ML/d and 8.0 ML/d.
Cochrane Dam Drought reserve is currently at 221 ML or 8.2% capacity (28/01/20). Assuming no rain and inflows to the dam and an average release of 4.0 ML/d, the drought reserve is predicted to be exhausted by late March 2020. If this occurs, water for Bemboka will need to be carted daily from Bega (7 x 27kL semi-trailer loads per day).
Water restrictions for Bemboka would reduce demand and the volume extracted from the river. A demand reduction of 10% under level 1 water restrictions would reduce the volume extracted from the river by about 0.015 ML/d. This represents approximately 0.4% of water released from the Cochrane Dam drought reserve, assuming a release of 4.0 ML/d.
A 10% reduction in demand would help to manage water supply to the village reservoir leading up to high fire risk days. A higher level of water restrictions will be essential should Cochrane Dam drought reserve be exhausted and water need to be carted from Bega.
Brogo-Bermagui water supply system:
Brogo-Bermagui water supply system relies on water released from Brogo Dam, operated by WaterNSW. Water for the Brogo-Bermagui water supply system is extracted from the Brogo River approximately 4 km downstream of the dam.
On 7 January 2020, the NSW Minister for Water introduced restrictions for general security take from the Brogo River under section 324 of the Water Management Act 2000. This declaration has resulted in a significant reduction of water being released from the dam. Current dam capacity is around 11.0%.
Water released from Brogo Dam by WaterNSW must ensure the water level at the Brogo River pump station is sufficient for continued operation of the pumps and that the supply of water continues for essential supplies as the drought continues. WaterNSW estimate that about 5-6 ML/d is required for this. WaterNSW estimate the storage volume and rate of release will enable town water supplies to be met over summer and autumn 2020.
Much of the Brogo River catchment upstream of the pump station has been burnt. Water quality following rain will likely be poor. Strategies are being implemented including carting water from Bega and reconnecting alternative supplies from Couria Creek Weir and Tilba Dam, assuming these catchments also don’t burn in the meantime. Temporary water treatment plant options are also being explored. The Department of Industry Environment and Planning – Water (DPIE-Water) and NSW Health are involved in decision making around water supplies and public health.
Water restrictions for Brogo-Bermagui would reduce demand and the volume extracted from the river. A demand reduction of 10% under level 1 water restrictions would reduce the volume extracted from the river by about 0.15 ML/d. This represents approximately 4% of water released from the Brogo Dam, assuming a release of 4.0 ML/d.
A 10% reduction in demand would help to manage water supply to town reservoirs leading up to high fire risk days. A higher level of water restrictions will be essential should catchment rainfall cause water quality issues at the Brogo River pump station, necessitating water carting from Bega, alternative supplies from the north and in the medium term, a temporary water treatment plant installed and operating at Brogo.
Tantawanglo-Kiah water supply system:
Yellow Pinch Dam (YPD) and Kiah borefield are currently supplying all water to the system. Water from Tantawanglo Creek weir has not been available since late August 2019 due to the drought. Ben Boyd Dam is a storage of water for the system in the south. BBD is currently isolated awaiting water quality test results following the helicopter ditching on 9 January 2020.
YPD at 60% and BBD at 80% is a volume of water in storage of around 2500 ML. This volume of water in storage is sufficient to meet water demand for the system for approximately one (1) year, allowing for dead storage and assuming no inflows. Supplementary supply from Kiah borefield and the Bega borefield would extend this time further. YPD is expected to reach 60% in early March, assuming no inflows.
Water restrictions for Tantawanglo-Kiah would reduce demand and the volume extracted from YPD and BBD. A demand reduction of 10% under level 1 water restrictions would reduce the volume of water supplied from these dams by about 0.8 ML/d. This would help to extend the length of time that demand could be met from these storages to beyond one (1) year, allowing for dead storage and assuming no inflows. It would also help to manage water supply to town reservoirs leading up to high fire risk days.
Bega-Tathra water supply system:
The groundwater in the Bega River alluvial aquifer supplies water to the system. Five (5) bores aligned parallel to the river are used. Water level at the nearby Ranch monitoring bore is used to guide river management. The NSW Minister for Water is expected to introduce restrictions for general security take from the Bega Sands stretch of the river at 4.5 metres (m) AHD. Current groundwater level is around 5.3 m AHD with an expectation to reach 4.5m AHD in mid-April 2020, assuming no rainfall or river recharge in the meantime.
Groundwater levels have not fallen below 4.5m AHD in the last 20 years (Attachment 1). The rate of groundwater level decline below 4.5m AHD is expected to be more gradual. This will need to be monitored closely. The bore intakes are approximately 6.0 metres below the 4.5m AHD level. Water supply is expected to be sufficient to meet water demand for the system for greater than one (1) year without river recharge.
Water restrictions for Bega-Tathra would reduce demand and the volume extracted from the borefield. A demand reduction of 10% under level 1 water restrictions would reduce the volume extracted by about 0.3 ML/d. This would help to slow the rate of groundwater level decline and extend the length of time that demand could be met from the bores.
A 10% reduction in demand would help to manage water supply to town reservoirs leading up to high fire risk days and conserve water in the aquifer for carting to Bemboka and Brogo-Bermagui system should this be needed.
Water restrictions:
If a water supply authority considers it necessary to introduce water restrictions to conserve supplies of water in time of drought or other emergency, it may, by a notice under Section 141 of the Water Management (General) Regulation 2018, regulate or restrict any of the following:
(a) the purposes for which water may be used,
(b) the times when water may be used,
(c) the quantities of water that may be used,
(d) the means or methods by which water may be used.
There are four (4) levels of water restrictions in the Bega Valley Shire as shown in Table 2.
|
Level |
Garden watering |
Use of fixed sprinklers and unattended hoses |
Watering of paved areas |
Drip irrigation systems |
Watering of lawns |
Washing of vehicles/boats & topping up of swimming pools |
|
ONE |
One hand-held hose per property may be used 6-8 am AND 6-8 pm1 |
Not permitted |
Not permitted |
May only be used if fixed to a single tap per property and only in lieu of a hand-held hose |
As per garden watering |
As per garden watering3 |
|
TWO |
One hand-held hose per property may be used for a maximum of 60 MINUTES PER DAY under an Odds and Evens System2 between: 6-8 am OR 6-8 pm1 |
Not permitted |
Not permitted |
Not permitted |
As per garden watering |
As per garden watering3 |
|
THREE |
Bucket watering only between: 6-8 am OR 6-8 pm1 |
Not permitted |
Not permitted |
Not permitted |
Not permitted |
As per garden watering3 |
|
FOUR |
Not permitted |
Not permitted |
Not permitted |
Not permitted |
Not permitted |
Not permitted |
Notes:
1 Times shown are for Daylight Saving Time. Eastern Standard Time times are 6-9 am and 4-7 pm.
2 Odds and Evens System – Houses (residential or multi-residential) with an odd street number may water on odd-numbered days of the month. Houses (residential or multi-residential) with an even street number may water on even-numbered days of the month.
3 Vehicles and boats should be washed on lawns wherever possible using buckets. A hose may be used for a final rinse under levels 1, 2 and 3.
Table 2. Water Restrictions levels Bega Valley Shire Council
Options
Options for introducing water restrictions now are generally:
1) No introduction and rely on the understanding and good-will of the community to reduce water use, with continued waterwise communication from Council
2) Introduce Level 1 water restrictions across the shire:
a) due to the drought, low water storage levels and bushfire threat
b) due to DMAP trigger levels being reached for the Bemboka and Brogo-Bermagui water supply systems and anticipated to be reached for the Tantawanglo-Kiah and Bega-Tathra water supply systems within the next two months
c) to prepare for timely adjustments to water restriction levels following rainfall in bushfire affected catchments
3) Introduce Level 2 water restrictions across the shire for the same reasons above
4) Introduce water restrictions separately for each water supply system based on trigger levels within DMAPs.
Community Engagement
Consultation Planned
A public notice will be placed in the local newspaper outlining the particulars of the water restrictions in accordance with Regulation 141 of the Water Management (General) Regulation 2018. A media release has been prepared, along with relevant signage to be displayed at the strategic locations around the Shire.
Council consideration of input
Council will be kept informed of developments as the drought and bushfire situation evolves. It is recommended that the General Manager be delegated responsibility to make all future decisions on water restrictions to enable timely responses should DMAP trigger points be reached or water supply or quality issues arise due to the impacts of bushfires or rainfall.
Financial and resource considerations
Generally local communities are understanding of the need for water restrictions and are generally compliant. Regulatory resources may be required as the situation worsens to deal with breaches and this may have an impact on resources in Council’s environmental services and ranger services functions.
Customer services and water and sewerage services will receive an increase in customer requests for variations and information.
Legal /Policy
It is proposed to introduce Level 1 water restrictions across the Shire in accordance with Regulation 141 of the Water Management (General) Regulation 2018.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Social / Cultural
Water restrictions are a widely understood and largely accepted demand management practice in Australia. There is likely to be some disagreement in the community about the shire-wide application of Level 1 water restrictions to begin with, particularly amongst people that understand the differences between each water supply system. There is also likely to be some confusion when/if the water restriction levels are changed for one water supply system and not the others, as the drought and bushfire situation evolves. This will be countered by carefully designed communications across a range of platforms.
Attachments
1⇩. BVSC Water supply system water storage levels 28/01/2020.
|
Council |
5 February 2020 |
|
Item 11.3 - Attachment 1 |
BVSC Water supply system water storage levels 28/01/2020. |
Council |
5 February 2020 |
12.1 2019/20 Bega Valley Bushfire Council fee and charges waivers..................... 154
|
Council 5 February 2020 |
Item 12.1 |
12.1. 2019/20 Bega Valley Bushfire Council fee and charges waivers
This report proposes that Council consider the application of various fees and charges relief for individuals and businesses impacted by the 2020 Bega Valley Bushfires
General Manager
1. That Council formally extend its support to the members of our community who have been impacted by the 2019/20 Bega Valley Bushfire disaster.
2.. That Council resolve to initially provide the same level of fees and charges waiver afforded previously in 2018 with some minor additions with support detailed below:
a. Waiver of Council fees associated with the lodgement of a development application, including any pre-lodgement advice, or complying development certificate and other certificates for current owners to rebuild their lost or damaged buildings or subsequent inspections.
b. Waiver of waste disposal gate fees for fire-affected material subject to the NSW Government financing the cost to Council to dispose of and manage this waste.
c. Waiver of Interest on General Rates instalments for the remainder of the financial year for fire effected properties noting a further report will be presented to Council pending guidance from the Office of Local Government.
d. Waiver of lease and licences fees paid to Council for use of Council owned and managed land and buildings as detailed in the report to Council of 5 February 2020 for a period of six months being the second half of the 2019/20 financial year.
e. That for all water customers on the Eden and Brogo (including the villages of Cobargo, Quaama, Bermagui, Wallaga Lake) supplies where water usage for the current period is calculated to be more than 10% above the previous three year average a $50 credit be applied to the account. Customers who have lost their home will not be charged for water used since the last time their meter was read until a new meter is installed.
f. Provide a one off reimbursement of up to 13,000L of water (noting this is cost of water only and not cartage by contractor) to residents within fire affected areas that are not connected to Council’s reticulated water supply and have utilised the services of water carters accessing Council water fill stations. The mechanism for this to be provision of evidence of a water account paid to a water carter registered with Council to access Council water fill stations.
g. Provide residential and non-residential sewerage customers who have lost their homes or businesses with a credit of 50% of the annual sewer access charge.
h. Provide residential and non-residential water customers who have lost their homes or businesses with a credit of 50% of the annual water access charge.
i. In recognition of fire-damaged pressure sewer systems Council to repair systems free of charge. The mechanism of this is for Council Water & Sewer Staff to authorise and perform all repairs.
j. Water connection fees be waived for reconnection of meters for properties who have had their water meter destroyed by fire.
k. Delegate to the General Manager authority to waive green waste fees should the NSW Government commit to funding the management, handling and processing of green waste for a fixed period.
Executive Summary
Council recognises the devastating impact of fire on our community, economy, environment and individual people arising out of current and ongoing fires. In recognising that there is a financial impact on individual people who have been affected, it is recommended that Council provide the same and an extended level of fees and charges waivers and reductions and some additional support as was afforded people affected by the Tathra, Vimy Ridge and Reedy Swamp and Yankees Gap fires in 2018. This report is presented for Council’s consideration.
To minimise any financial strain from Council on those impacted by this fire as much as is possible, Council has developed a framework for minimising and waiving application fees for: development applications; complying development certificates, waste management, sewer and water fees; and General Rates interest charges.
By providing the appropriate delegation to the General Manager, these waivers can be progressed expeditiously and minimise unnecessary stress on people impacted by these fires.
The intent of all fee and charge waivers is to assist residents to maximise the rebuild funds available through their personal insurance policies and NSW Government support.
The fire was declared a natural disaster by the Department of Justice which triggers a range of support and funding mechanisms for community members and Council.
It is important to note that there will be a level of financial impact to Council operations as a result of the recommendations in this report, however the short-term impacts are considered to be outweighed by the critical need to provide support to the community.
As the recovery phase evolves there may be further opportunities or expectations for Council to directly support the community which will be influenced by exact commitments from both State and Federal Governments which are gradually being clarified. A further report will be prepared when all details are understood and available.
Background
At its meeting on the 11 April 2018, Council resolved to waive of fees and charges for the victims of the Tathra and District fires. The below information is aimed at providing consistency with some additional minor support.
Waste Management
· Fees for general fire waste received at relevant Transfer Stations are to be waived subject to confirmation of NSW Government funding for the cost of this, noting that not all transfer stations are likely to accept this waste throughout the recovery period.
· Staff as an interim measure waived fees at transfer stations for a period whilst collections services were interrupted and when residents were impacted by power loss that increased the volume of waste generated.
· Fees for asbestos contaminated waste received at the designated sites are to be waived on the basis disposal of this material will be funded by the NSW Government.
· Issues around clean-up of green waste are still being resolved and advice will be provided to the community when known. A proposal is being prepared for the NSW Government seeking their support to fund the management and processing of this material so that residents can dispose of it for free at consolidated sites. This is yet to be confirmed and without Government support it is unlikely Council will have the ability to absorb this cost.
Development, Planning and Building
· Fees associated with the lodgement of a development application or complying development certificates and other certificates or subsequent inspections for current owners to rebuild their lost or damaged buildings will be waived. Costs associated with applications to modify development consent for this rebuilding will also be waived, where those applications are made prior to commencement of construction. Section 7.11 and/or Section 7.12 contributions will be applied where they have not previously been levied and would otherwise apply.
· Where a development entitlement exists on land subject to a bushfire rebuild, the new development will be assessed in accordance with current planning and building requirements.
· Should a current owner decide to increase the density on site, Council fees will apply to the additional development. Reasonable modifications of the bulk, scale and design of the new building will not be considered additional development for the purpose of fee calculation.
· The fee for a meeting with the Development Advisory Panel will be waived for the rebuild of fire affected buildings.
· Council will advocate to the NSW Government agencies for its development fees, such as Long Service Levy and Planning Reform Fund fees, to also be waived
General Rates
· Initially interest charges will be waived for destroyed properties for late payments for the quarterly Rates instalment. Further detail will be provided in the future as to applicable Rates relief available.
Council will be investigating the development of a new financial hardship policy for natural disasters, allowing property owners to potentially defer the payment of rates and charges for the financial year in which they apply. Work on this is progressing as a priority. The Office of Local Government (OLG) is also considering rating within a disaster impacted area so consideration of the State and local position will be included in a future report to Council. It is expected that the OLG position will be available in February so that this matter can be progressed in a timely manner. The Recovery Centre staff and Council customer service staff will provide support and guidance to property owners and it is encouraged for land owners to be assured that support is their to assist them.
Leases and licences for use of Council land/facilities
Many of Council’s lease and licence holders have been impacted by the fires, with business disrupted and incomes reduced or lost during the peak period for trading. To assist with the strain on the following businesses a waiver of rental fees for a period of 6 months is proposed. Cost implications for 3 month or 6 month waivers are detailed below:
|
Lease/licence |
Rent waiver - 3 months |
Rent waiver - 6 months |
|
Havago Pedal Kayak and SUP Hire - Mogareeka |
$150.00 |
$300.00 |
|
Fishpen Charters - Coffee Cart - Mitchies Jetty |
$952.50 |
$1,905.00 |
|
Coastlife Adventures Recreational Hire - Fishpen |
$150.00 |
$300.00 |
|
Bermagui Board and Bus Recreational Hire - R83225 Dickinsons |
$150.00 |
$300.00 |
|
Bermagui Board and Bus Recreational Hire - R59552 Bridge Island |
$150.00 |
$300.00 |
|
Coastlife Adventures Recreational Hire - Spencer Park |
$150.00 |
$300.00 |
|
Coastlife Adventures Recreational Hire - Tathra Beach |
$150.00 |
$300.00 |
|
Expresso Yourself Mobile Café - Mogareeka |
$970.50 |
$1,941.24 |
|
Tathra Beach Kiosk |
$5,294.61 |
$10,589.22 |
|
Merimbula Public Jetty Berthing Licence - "Reel Affair" Charter boat |
$445.00 |
$890.00 |
|
Merimbula Public Jetty Berthing Licence - "Rathlin II" Charter boat |
$445.00 |
$890.00 |
|
Merimbula Public Jetty Berthing Licence "Jadelle II" Charter boat |
$445.00 |
$890.00 |
|
Merimbula Public Jetty - berthing licence - Sensational Charter boat |
$445.00 |
$890.00 |
|
Merimbula Public Jetty - berthing licence - Explorer Charter boat |
$445.00 |
$890.00 |
|
Merimbula Public Jetty - berthing licence - True Blue Charter boat |
$445.00 |
$890.00 |
|
Bar Beach Kiosk |
$1,311.75 |
$2,623.50 |
|
Tathra Wharf Café |
$4,647.50 |
$9,295.00 |
|
Caravan Park |
$2,205.00 |
$4,411.00 |
|
Bega Indoor Sports Stadium – used as evacuation centre |
$872.00 |
$1,745.50 |
|
Total proposed waiver of rental fees |
$19,823.86 |
$39,650.46 |
Water usage
· That for all water customers on the Eden and Brogo (including the villages of Cobargo, Quaama, Bermagui, Wallaga Lake) supplies where water usage for the current period is calculated to be more than 10% above the previous three year average a $50 credit be applied to the account. Customers who have lost their home will not be charged for water used since the last time their meter was read until a new meter is installed.
· In recognition of the fact that many of the fire affected areas were not residential customers of Council it is recommended that Council provide a one -off reimbursement of up to 13,000L of water (noting this is cost of water only and not cartage by contractor) to residents within fire affected areas that have utilised the services of water carters accessing Council water fill station. The mechanism for this to be provision of evidence of a water account paid to a water carter registered with Council to access Council water fill stations or via billing to registered property owners in the evacuated areas
· In recognition that some residential sewerage customers have lost their homes and will not access sewerage services for the remainder of the financial year it is recommended that residential sewerage customers who have lost their homes be credited 50% of the annual sewer access charge to their account with the same applying to non-residential customers that have lost their property.
· Provide residential and non-residential water customers who have lost their homes or businesses with a credit of 50% of the annual water access charge.
· In recognition of fire-damaged pressure sewer systems Council to repair systems free of charge. The mechanism of this is for Council Water & Sewer Staff to authorise and perform all repairs.
Financial and resource considerations
The financial impacts will be calculated and reported to Council in March following adoption of this report and the final assessment of property impacts. This will be reported to Council on a regular basis with as part of the quarterly budget review process.
Attachments
Nil
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Council |
5 February 2020 |
Notices of Motion
05 February 2020
16.1 Tree Removal Signs........................................................................................... 160
16.2 Re-constitution of Bega Valley Shire Youth Council......................................... 161
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Council 5 February 2020 |
Item 16.1 |
That Council discontinue with the erecting of signs on vegetation that has been illegally removed.
The signs currently erected when vegetation is found to have been illegally removed are a waste of money and a bad look for our area.
Cr Mitchell Nadin
Nil
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Council 5 February 2020 |
Item 16.2 |
That staff undertake an investigation into the re-establishment of a S355 Youth Council and present a report to Council outlining how such a group could now add value to Council’s work and planning.
Following the recent Youth Hack event, it has been raised that there is a real appetite for representation by young people in Council and community decision making.
Council’s current approach is to liaise broadly with young people across the community (Youth Voice/ Youth Action) instead of through a Youth Council. Council adopted this approach following a review into Council’s engagement of young people in May 2016 (Youth Engagement Review) which found Youth Council had seen decreased numbers and activity.
This report and the proposed framework did not include a Youth Council which had seen decreasing numbers and activity.
It now appears there is a reignited enthusiasm from young people to be involved in such a forum.
A report from staff to include a review of the current model and its success and opportunity for presenting the positive outcomes and the constraints that a re-constituted Youth Council would present.
Cr Sharon Tapscott
Nil
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Council |
5 February 2020 |
Questions with Notice
05 February 2020
17.1 Water Connections - Main Trunk System......................................................... 163
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Council 5 February 2020 |
Item 17.1 |
Mention has been made that around 200 properties in the Bega Valley Shire are connected tothe Council water system via direct link to the main trunk system. It has been noted that pressures within this system will vary from low to much higher than in regular, ‘domestic water lines.
Director Assets and Operations
Can staff please provide details of:
· the number of properties connected to the main trunks
· the potential risks of these connections (due to pressure changes) when entering domestic, privately owned plumbing
· evidence that all current affected properties are aware - or not - of these details and risks
Council currently has 193 water supply customers connected to trunk mains throughout the shire.
Trunk mains are water pipes whose primary role is to deliver water to reservoirs . These mains do not operate within our levels of service for pressure or chlorination.
Pressures in trunk mains can range from below our levels of service (150-900 kPa) to well above, up to 1800 kPa. The absence of control of the pressure is to achieve maximum transmission of water to the various reservoirs in the town centres. High pressures increase the risks of failure of household appliances. There are also pressure fluctuations as reservoirs are filled, this fluctuation can accelerate fatigue, and result in premature failure of trunk main customers internal pipework. The trunk mains are designed and installed to handle these pressures.
A lack of control of chlorination is also a potential risk with connection of trunk main customers. Council operates the chlorination (and water treatment) infrastructure to supply clean, disinfected drinking water to residents within the reticulation networks (not trunk mains customers). The chlorination infrastructure is operated to supply water within set limits only within the reticulation networks. Outside of these areas, the chlorination levels fluctuate and pose a risk to human health from both high and low chlorination levels. There are also areas within the trunk main distribution areas that have no chlorination, and therefore have no bacterial control.
A third issue with trunk main customers is the inability to guarantee supply. A repair to a trunk main may take longer than a day. Turbidity at the water source can also result in water being interrupted for days during major rain events.
It is for the above reasons that Council typically does not permit connection of customers to a trunk main, and the problems associated with such connections.
Council provides the attached document to all our trunk mains customers with each water bill to inform them of these issues and what they can do to prevent issues from being connected to the mains.
1⇩. Example Letter to Customer - Raw Water
