Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held remotely via Zoom on
Wednesday, 8 April 2020 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Sharon Tapscott, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

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, Mrs Iliada Bolton

Manager, Communication and Events, Mr Ian Campbell

Minute Secretary, Mrs Bec Jones

 

 

 


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.

Council meetings held remotely via Zoom will not be live streamed, but will be 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

8 April 2020

 

Agenda

Statement of Commencement of Recording

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 18 March 2020 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

 

8.1                Demolition of dwelling and construction of Shop Top Housing Lot 5 DP 758095 14 Lamont Street Bermagui........................................................................................................................................ 9

9       Staff Reports – Community, Culture and Leisure

 

9.1                Acquisitive Sculpture Prize......................................................................................................... 128

10   Staff Reports –Economic Development and Business Growth

 

Nil Reports

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Former Merimbula Visitor Information Centre building options........................................ 134

11.2              Termination of lease - Tathra Beach Kiosk.............................................................................. 141

11.3              Sporting Complex Upgrade Projects Update.......................................................................... 145

11.4              Proposed divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda............... 155

11.5              Kiah Catholic Church Land.......................................................................................................... 173

11.6              RFT 02/2020 & 03/2020 Pambula Squash Courts - Building Construction and Court Fitout 177

11.7              Eden, Twofold Bay and Towamba River Flood Study Final Findings.................................. 205

11.8              Merimbula Airport - Support for Regional Express during COVID-19 Pandemic............. 214

11.9              Apex Park, Bermagui - Public Amenities Upgrade, Concept Design................................... 221

12   Staff Reports – Governance and Strategy

 

12.1              Updates to Operational Plan 2019-20...................................................................................... 244

12.2              Funding and financial considerations for response, recovery and rebuilding.................. 250

12.3              Update Council Pandemic Critical Incident Plan.................................................................... 256

12.4              Council Meetings and social distancing requirements COVID-19 Virus............................. 270

13     Staff Reports – Finance

 

Nil Reports

 

14     Councillor Reports

 

15     Rescission/alteration Motions

 

16     Notices of Motion

 

17     Questions with Notice

 

18     Questions without Notice

 

19     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public Error! Bookmark not defined.

              

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

Statement of Re-Commencement of Live Streaming

20     Noting of Resolutions from Closed Session

21   Declassification of reports considered previously in Closed Session  

 


Council

8 April 2020

 

 

Staff Reports –Planning And Environment

 

8 April 2020

  

8.1              Demolition of dwelling and construction of Shop Top Housing Lot 5 DP 758095 14 Lamont Street Bermagui..................................................................................................... 9


Council 8 April 2020

Item 8.1

 

8.1. 2019.111 Demolition of dwelling and construction of Shop Top Housing Lot 5 DP 758095 14 Lamont Street Bermagui       

 

Director Community Environment and Planning   

pplicant

SM Darling

Owner

SM Darling

Site

Lot 5 DP 758095 - 14 Lamont Street, Bermagui

Zone

B2 Local Centre

Site area

1,012m2

Proposed development

Demolition of dwelling and construction of Shop Top Housing

Precis

This development application is being reported to Council as a number of submissions were received during the notification period and a variation to the 10-metre height limit under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) has been requested.

This proposal has generated significant public interest from land owners and the broader community, including concerns regarding view sharing and impact on the existing and future character of Bermagui.

The proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979 and the original plans amended to reduce the potential impact on view sharing and character. The revised plans have been assessed and the variation under BVLEP 2013 and minor departures from BVDCP 2013 considered within the context of future development of Bermagui.

The proposed Shop Top Housing is recommended for approval subject to the draft Conditions of Consent attached to this report.

Officer’s Recommendation

1.    That Council assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Planning Circular PS 18-003 and pursuant to Clause 4.6 of BVLEP 2013 in relation to the proposed variation to the 10m Height of Buildings development standard specified by Clause 4.3 of BVLEP 2013.

2.   That development application 2019.111 for Shop Top Housing, Lot 5 DP 758095 – 14 Lamont Street, Bermagui be approved in accordance with draft Conditions of Consent (Attachment 1).

3.    That the applicant and those persons who made submissions during the notification periods be notified of Council’s decision.

 

Background

The commercial arcade fronting Lamont Street was built in the 1960s and has been occupied by a variety of shops over the years. More recently, a dwelling at the rear, fronting Sherwin Lane (DA 2003.865), was approved under BVLEP 2002.

The current proposal was presented to Council’s Development Advisory Panel (DAP) prior to lodgement of this development application.

Description of the proposal

The proposal involves the demolition of an existing dwelling and construction of a new residence defined as Shop Top Housing and includes a request to vary the 10m height limit under Clause 4.6 of the BVLEP 2013 for part of the proposed building.

The revised design consists of a garage with the entry, laundry and a rumpus with pedestrian access to the arcade from Sherwin Street. The second storey consists of a dining/living space with a deck, large planter box and master bedroom. A children’s bunk room and guest bedroom would be located on the top floor, with a Vergola and landscaped planter boxes around the perimeter.

The building is a modern design with a mixture of off-form concrete, bagged brick, timber slats and pre-weathered cladding with two wings divided by a glazed central staircase at the centre.

The following amendments have been made to the original design:

·    Setbacks to the top floor;

East 2.9 metres

West 2.935 metres

South 0.9 metres

·    Reduction in the overall height from 10 metres to 9.45 metres (measured from Sherwin Lane)

·    Glazing through the centre of the second and third storey

·    Additional landscaping around the perimeter and centre of the building

·    A mixture of raw materials borrowed from timber wharf construction

See Attachment 2 – Original Plans and Attachment 3 – Revised Plans.

Figure 1 – Original Plans

Southern Elevation

Figure 2 – Revised Plans

Southern Elevation

Description of the site

The site consists of a rectangular shaped allotment covering 1,012m2 with an existing mixed-use development including a commercial arcade fronting Lamont Street and an existing dwelling at the rear fronting Sherwin Lane.

The building steps back from Lamont Street with a single storey building at the front on the southern side of Lamont Street opposite Dickinson Oval and a two-storey dwelling at the rear with access onto Sherwin Lane.

Figure 3 – Map of the property

 

Figure 4 – View from the rear

Existing two-storey dwelling

Planning assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 4). The plans have been redesigned to address concerns raised as part of the notification process and assessment of the original plans.

Bega Valley Local Environmental Plan 2013 (BVLEP 2013)

The development has been assessed in accordance with BVLEP 2013. The existing dwelling was approved under BVLEP 2002, which provided for slightly different residential land use and measuring height compared to BVLEP 2013.

Zoning and overlays

The land is zoned B2 Local Centre under the BVLEP 2013 and was previously zoned 3(a) General Business Zone under BVLEP 2002. The site forms part of a larger commercially zoned catchment along Lamont Street that is bordered by a R3 Medium Density Zone further to the south including Young Street. It is not Heritage Listed or within a Heritage Conservation Area.

Figure 5 – Locality plan with zoning

Definitions and land use

The existing dwelling was approved as “a dwelling within a commercial zone”. The proposed development is defined as “Shop Top Housing”.

Shop Top Housing means one or more dwellings located above ground floor retail premises or business premises.

A portion of the residential development must be above the commercial component to satisfy this definition. Although the residential component is only partially above the existing commercial arcade it satisfies the definition of ‘Shop Top Housing’.

Figure 6 – Shop Top Housing

Height and storeys

A 10-metre height limit applies to the site which is measured from the “existing ground level” to the highest point of the building. This varies from BVLEP 2002 where height was measured from “natural ground level”. The existing dwelling and the proposed Shop Top Housing has therefore been assessed slightly differently in terms of measuring height.

The 10-metre height limit under the BVLEP 2013 does not limit the number of overall storeys with both height and the number of storeys being measured from existing ground level. The profile of the building would remain a split-level construction, with an existing single storey commercial component fronting Lamont Street.

This proposal would essentially involve the construction of an additional storey at the rear and result in a 3 storey Shop Top Housing development fronting Sherwin Lane.

The highest point of the existing dwelling as measured from Sherwin Lane is approximately 6 metres and the revised plans would be 9.45 metres. This is below the 10-metre height limit when measured from Sherwin Lane under Clause 4.3 of the BVLEP 2013.

A variation has been requested for the second storey component of this development as the height of the residential component above the existing commercial space is above the 10 metres height limit when measured from the existing ground level. 

Variation under Clause 4.6

A 1 metre variation to the 10-metre height limit has been requested under Clause 4.6 of BVLEP 2013 as the second floor Vergola sits above the 10-metre height limit when measured from the existing commercial space below.

Council may assume the concurrence of the Secretary (Department of Planning) under Clause 4.6 in its determination.

The revised plans have reduced the overall height (measured from Sherwin Lane) and scale of the proposed development in response to concerns raised during the assessment of the proposal. The existing dwelling is already above this height limit when measured from existing ground level (being 10.67 metres).

The increase in height only relates to the second storey and is minor within the context of the existing building and the overall development and would not impact on view sharing. A departure from the 10-metre height limit under Clause 4.3 is therefore justified under Clause 4.6 of BVLEP 2013.

Figure 7 – 1 metre Variation under Clause 4.6

Aims of the Plan and Zone

The proposed development has been assessed in accordance with the overall aims of the plan under Clause 1.2 and those that relate specifically to the B2 Local Centre Zone under Clause 2.3 of BVLEP 2013. The residential use is existing and consistent with the aim of encouraging compact urban settlements and housing choice that is close to services and amenities. The revised plans have reduced the scale of the proposed development, which is more in keeping with the existing built form.

The commercial zone objectives encourage residential uses that contribute towards the viability of our town centres. The revised plans reduce the view sharing impact within a view catchment that is vulnerable to further development given the adjoining residential zone sits above the town centre of Bermagui.

Bega Valley Development Control Plan 2013

The proposed development has been assessed in accordance with BVDCP 2013 and more specifically Chapters 2 and 3 where the existing and future character of Bermagui and principles of view sharing are identified.

The proposed plans have been assessed within the context of the site and the prevailing streetscape. Although the majority of the original plans were within the nominated building envelope for the site, which includes a zero-line setback and 10-metre height limit, it was not considered an acceptable outcome in term of the overall bulk and scale of the development and impact on the area.

The introduction of a more modern building design at this scale was not in keeping with the existing or desired future character of Bermagui.  On this basis, the original plans were amended, and revised plans submitted that are more in keeping with BVDCP 2013.

Existing and Future Character

Chapters 2 and 3 of the BVDCP 2013 provide specific advice about the existing and future character of Bermagui.

        Existing Character

·    Bermagui is a neighbourhood service centre with a strong maritime and tourist theme.

·    Both the retail and surrounding residential development is low scale. The current settlement is characterised by low-key development that fits well into the coastal landscape.

·    Development has been characterised by a number of single dwellings seeking to achieve desirable northerly views.

        Future Character

·    Bermagui is a seaside village that is seeking to reinforce its character through the use of a building language borrowed from timber wharf construction. Bermagui’s existing building stock has a good degree of texture in the use of cladding and building materials.

·    Future development is of a scale that fits successfully into the existing local small-scale commercial and residential building stock.

·    In the next 10 years, Bermagui is seen as retaining its current low-key style and character as a large ‘coastal village’. Retain the current settlement style with low visual impact buildings of two storeys or less.

·    It is important that building location, bulk and scale, particularly in prominent areas is controlled.

Figure 8 – 3D Perspective of revised plans

View from Sherwin Lane

The proposed development represents a departure from the two storeys mentioned in Bega Valley Development Control Plan 2013 (BVDCP 2013). This has been considered within the context of the Draft Bega Valley Commercial Land Strategy, which identifies “low level development" as being 2-3 storeys. The proposal is consistent with that definition and is generally consistent with other existing examples of three storey developments in Bermagui within the 10-metre height limit.

The existing character statements were created with a 10-year timeframe (2013-2023). They have been updated in Council’s Draft Bega Valley Local Strategic Planning Statement (LSPS). The proposed development is consistent with the Bermagui character statement in the draft LSPS. 

The revised design includes a recessed top floor and a centrally glazed column through the centre with materials that are more reflective of timber and wharf construction. The setbacks have provided additional space for landscaping and softened the appearance of the southern façade. The modern roof line is now less prominent with a reduction in the overall height (measured from Sherwin Lane) and the central glazed column has helped to break up the bulk and scale of the building.

The scale of the building is more in keeping with the low-key character of commercial and residential building stock and introduces a modern design with more articulation at a scale that is acceptable in terms of the existing and future character of Bermagui.

View Loss

A view assessment has been undertaken in accordance with the more specific criteria under Chapters 2.2 and 3.2.2.6 of the BVDCP 2013 and the Principles of view sharing: The impact on neighbours - Tenacity Consulting v Warringah.

Figure 9 – View Catchment

Principles of view sharing: The impact on neighbours - Tenacity Consulting v Warringah

First Step The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

Second Step The second step is to consider from what part of the property the views are obtained. For example, the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

Third Step The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Fourth Step The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

Most affected properties

Notification of the proposed development was extended beyond adjacent and adjoining owners to capture those most affected property owners, particularly those along the southern and northern side of Young Street.

Two height poles were placed at the front of the existing building to provide a reference point for the overall height of the proposed development (measured from Sherwin Lane).  This provided a more accurate way to determine the extent of the view loss from affected land owners and areas within the public domain around Bermagui. Consultation was undertaken with the most affected neighbours and access to those properties was requested to complete this assessment. The existing visual catchment includes the following:

·    Bermagui River Estuary

·    The Bermagui Headland

·    Horseshoe Bay

·    Ocean/water views

·    Beach views

·    Views of Gulaga (Mt Dromedary)

·    Existing trees (Pine and Palms)

·    Bermagui River Estuary

Existing views towards Gulaga is identified as an iconic view on the far south coast.

View Impact Analysis

A view impact analysis was undertaken of the original design and determined that the development would have a significant impact (Severe-Devastating) on at least four properties. The proponent is able to achieve the same level of amenity and access to views and address the overall height (measured from Sherwin Lane) and width of the proposed development.

 


 

Figure 10 – Aerial of most affected properties

Young Street, Bermagui

The revised design has reduced the potential view impact by reducing the overall height of the building, providing setbacks around the top floor and a glazed central column through the middle of the building.

The amended proposal reduces the potential view impact on those properties that would be the most affected by the proposed development due to their alignment within the existing view corridor. For some properties there would be little difference due to their location within the context of the development site.

In quantitative terms the revised plans would reduce the overall view impact on the more affected properties by approximately 10%-15% but would still have an impact on at least three properties (Moderate-Severe).

The original design has been amended to reduce the potential impact on the existing view corridor which needs to be considered within the context of the existing view catchment.  

View Catchment

The proposed development site is located within a prominent view corridor and will have an impact on views that are currently obtained from properties to the south, particularly along Young Street.

There would be less impact on Corunna Street due to the location of these properties within the context of the proposed development.

The extent of the additional view impact relates to the additional width of the second storey and the top floor. The existing two storey dwelling and proposed glazing through the centre of the revised design have also been considered.

The existing view corridor is vulnerable to further development and there has already been a cumulative impact on this view catchment. The subject land and those properties on the northern side of Young Street are commercially zoned with a height limit of 10 metres that is recommended to remain as part of the Draft Commercial Land Strategy.

Although this development involves the consolidation of an existing residential use, the further development of this commercial area is likely to occur and continue to impact on this view corridor due to the topography of Bermagui where the commercial main street sits within a prominent view corridor of existing residential properties to the south.

Figure 11 – Photomontage from most affected property

View from 11 Young Street, Bermagui

The adjoining higher density residential area (R3 Medium Density Residential Zone) contains a number of small cottages and original dwelling houses with development potential. The draft Residential Land Strategy identifies the need to encourage the further development this land to consolidate our town centres. It is therefore highly likely that there will be the incremental loss of views within this commercial and residential catchment over time.

The proposed Shop Top Housing would have an impact on views. The development has however been redesigned to reduce this impact by reducing the overall height below the 10-metre height limit (measured from Sherwin Lane), providing setbacks around the top floor within a zero-setback commercial zone and providing glazing through the centre.

Views from Public Spaces

The proposed development would be visible from public spaces. This impact has been reduced by the revised design that consists of a recessed top floor, decks and landscaping treatments making the modern proportions less prominent. The site is located towards the back of the site adjacent to Sherwin Lane, which reduces the potential impact on the more prominent streetscape of Lamont Street and existing heritage items. 

Coastal State Environmental Planning Policy

The proposed development has been considered under the Coastal Management State Environmental Planning Policy (SEPP) and is mapped within the ‘Coastal Environment Area’ and ‘Coastal Use Area’.

The site is already developed with commercial uses at ground level fronting Lamont Street and a dwelling at the rear with access onto Sherwin Lane. The proposed development would be visible from public spaces around Bermagui including the streetscapes around the centre of Bermagui and the surrounding network of reserves and beaches.   

The revised design has reduced the potential impact on the surrounding coastal and built environment in terms of the bulk, scale and the overall size of the proposed development.

Figure 12 – Photo from public space

View from near the Bermagui Surf Club

Community Engagement

The proposed development was notified in accordance with the requirements of BVDCP 2013 (as in effect at the time of lodgement of the application). The catchment area for notification was extended beyond the adjacent and adjoining owners required and the timeframe extended from the standard two weeks for both notification periods given the potential impact and community concern. 

The original design was notified from 8 May 2019 until 3 June 2019 and the revised proposal notified from 11 November 2019 until 16 December 2019. Objections were received from 35 people during the first notification period, with a further 23 objections received in relation to the revised design.  A summary of submissions is provided in Attachment 5.

All affected landowners were invited to meet on site to discuss the proposal.  Meetings or property inspections were held with most of the affected land owners on 3 July 2019. 

Council consideration of input

Original plans

The following is a summary of the issues raised in response to the original plans:

·    History and character

·    Impact on Lamont Street and surrounding properties

·    View impact on private property and public spaces

·    Planning requirements (Interpretation, definitions and non-compliance)

·    Bulk and scale

·    Setbacks

·    Building height

·    Parking and traffic

·    Tourism and occupation

·    Economic value and property values

·    Precedent and public interest

An assessment was completed of the original design and concerns were raised with the applicant about the overall bulk and scale of the development and potential impact on neighbours.

It was determined that the amenity and functional needs of the applicant could reasonably be achieved through a revised design that reduces the overall scale of the building and impact on the neighbours particularly in terms of view sharing. Based on this advice revised plans were submitted by the applicant and placed back on notification. This process included those who were originally notified and those who made a submission as part of the original development proposal.

Similar issues were raised with a greater emphasis on the interpretation of planning controls. Concerns were still raised that the revised plans would result in an overdevelopment of the site and that would impact on the character of Bermagui and surrounding properties, particularly in terms of view loss. 

The following is a summary of issues raised in submissions concerning the revised design;

·    Existing and future character

·    View impact

·    Views from public spaces

·    Definition of ‘Shop Top Housing’

·    Building Height

·    Justification under Clause 4.6

·    Parking and traffic

Existing and Future Character

The potential impact on the existing and future character of Bermagui has been raised as a primary concern with both the original and revised design. The main concern is that the development is not in keeping with the atmosphere of Bermagui in terms of its coastal seaside charm and that the modern design would look out of place. The scale of the development is considered excessive and could set a precedent in Bermagui.

Concern has been raised that the revised plans do not improve the appearance of the building or potential impact.

The revised design has considered the concerns with the original design with a recessive top floor that addresses the scale and appearance of the proposed building through the following changes:

·    Setbacks to the top floor;

East 2.9 metres

West 2.935 metres

South 0.9 metres

·    Reduction in the overall height from 10 metres to 9.45 metres (measured from Sherwin Lane)

·    Glazing through the centre of the second and third storey

·    Additional landscaping around the perimeter and centre of the building

·    A mixture of raw materials borrowed from timber wharf construction

Staff Comment

The revised plans are more in keeping with the desired future character statements and more specific objectives contained within the BVDCP 2013 including roofs, setbacks, traffic and access, context and articulation, built form, building height and views.

The desired future character statements for Bermagui encourage developments that enhance the existing built environment through the use of materials borrowed from timber wharf construction that fits with the existing local small scale commercial and residential building stock. There is an emphasis on retaining the current low-key style and character as a large coastal ‘village’ over the next 10 years.

While the development is above two storeys identified within the BVDCP 2013, it is below the 10-metre height limit (when measured from Sherwin Lane) under the BVLEP 2013. A 10-metre height limit also enables the practical construction of a three-storey building with other examples within the township of Bermagui. The Draft Commercial Land Strategy reinforces the definition of ‘low-key’ development as buildings of two-three storeys. These existing character statements (2013-2023) are also due to be reviewed.

The existing dwelling and the proposed development are both set back from Lamont Street, which reduces the potential impact on the streetscape and the more prominent heritage buildings including the Horseshoe Bay Hotel and Sorrento Lodge. The relocation of the proposed development forward of the existing dwelling was one of the suggestions that could reduce the impact on Sherwin Lane but have a greater impact on Lamont Street.

The original design introduced a more modern design at a scale that would have had a significant impact on the amenity of surrounding properties and streetscape. This proposal was not supported by staff and a revised design submitted to Council.

The revised proposal would still have an impact in terms of view loss but presents a more refined outcome that reduces the overall height to 9.45 metres (measured from Sherwin Lane) and provides greater articulation with setbacks to the top floor. Landscaping is provided to soften the harder edges of the building and central glazing through the centre. The Draft Commercial Land Strategy encourages the consolidation of existing commercial land and recommends the retention of the existing 10 metre height limit with low-key two-three storey development.

View impact

The impact on existing view loss was raised as a primary concern with the original and revised design.

It is stated that the revised design would not significantly reduce the view impact apart from the property immediately behind the proposed development. The central glazed column would be obscured by window treatments and the landscaping would further diminish existing views.  

The potential view impact has been reduced as part of the revised design.

The changes to the top floor have reduced the view impact on the most affected properties while the impact is less noticeable for some of the other affected properties. There is the potential for some minor view impact on Corunna Street, but the most affected properties are located along Young Street due to their location within the context of the proposed development site.

There will still be an impact on views due to the location of the site within the view catchment.

The revised plans would have a moderate view impact with a more severe impact on three of these properties. In quantitative terms, there has been a reduction in the overall impact from 5%-15% considering the cumulative impact of other developments within this existing view corridor. The central glazed column has provided some relief, however the setbacks and lowering of the height have had a more significant impact on view sharing.

The following factors need to be considered in this assessment:

·    The development is below the 10-metre height limit.

·    Setbacks have been provided within a commercial zone with a zero setback.

·    An existing two storey dwelling is located on the land.

·    The site and some affected land owners are commercially zoned (B2 Local Centre).

·    The surrounding area is a higher density residential zone (R3 Medium Density) with development potential. This is reinforced by the Draft Residential Land Strategy.

·    The Draft Commercial Land Strategy encourages the retention of a 10m height limit, consolidation of commercial land and mixed uses including ‘Shop Top Housing’.

·    Further incremental view loss is likely due to the topography of the setting where an established residential precinct sits above the town centre with views to the north.

The existing view corridor is vulnerable and there is likely to be a further cumulative impact due to the topography of the land and the layout of Bermagui. The openness of the central glazing may diminish over time with window treatments and landscaping, but it does break up the bulk and scale of the building and open up view corridors that would otherwise be taken.

A more detailed landscaping plan would also be required as a draft Condition of Consent with an emphasis of plant species selection as it relates to view sharing opportunities and retaining views through the building.

Views from public spaces

The views from public spaces including the network of reserves, beaches and Lamont Street is raised as an issue with the original and revised plans.

The revised design has reduced the overall bulk and scale of the proposed development when viewed from public spaces around Bermagui.

The recession of the top floor and landscaping has softened the appearance of the building from the southern elevation in particular. The front elevation is broken up by decks, landscaping and additional glazing.

Non-compliance with planning controls

Non-compliance with planning controls has been raised as an issue with the original and revised design, particularly in terms of defining Shop Top Housing, building height and variation under Clause 4.6.

Definition of ‘Shop Top Housing’

Residential uses within commercial zones are restricted to ‘Shop Top Housing’ which can involve multiple dwellings not entirely above the commercial use. Although only partially above the commercial arcade, the proposed design satisfies this test.

Building Height

Building height is measured from ‘existing’ ground level under BVLEP 2013, which varies from BVLEP 2002 when ‘natural’ ground level was the standard for measuring height. This explains the different assessment process between the existing dwelling (2003.865) and the development application that is currently proposed.

Variation under Clause 4.6

The design includes a request to vary the 10m height limit under Clause 4.3. This request relates to the height of the first-floor roof deck only (11 metres). The existing dwelling sits at (10.67 metres) when height is measured from ‘existing’ rather than ‘natural’ ground level under the BVLEP 2013. The request is considered reasonable given the minor difference in height levels compared with the existing dwelling (0.33 metres).

Figure 13 – View of revised design from Dickinson Park

Access and parking

Concerns were raised about parking and traffic safety onto Sherwin Lane given the narrowness of the laneway and use by larger vehicles. The impact on Sherwin Lane as a pedestrian access was also raised as an issue.

Sherwin Lane is a service lane and informally used for pedestrian access. The primary concern is the width of the laneway and the use of larger vehicles within this space. A dwelling is already located on the site with forward entry and exit available. Additional information was requested from the applicant who has provided space within the garage to install a turntable to provide for the forward entry and exit of vehicles from the site.

Tourist Accommodation

Concerns were raised about future occupation of the building for tourist accommodation and not by permanent residents.

There is currently no restriction on ‘Shop Top Housing’ in terms of long term and tourist accommodation. The Department of Planning have been working on short term rental reforms with a draft SEPP and Guideline for Short Term Holiday Accommodation.

The NSW Government is implementing a new regulatory framework for short-term rental accommodation (STRA). This includes a state-wide planning framework, a mandatory code of conduct and changes to strata legislation that seeks to protect the economic benefits of STRA, while managing potential adverse impacts.

Council’s Draft Residential Land Strategy identifies the need for greater restrictions around the use of short-term accommodation and the development of a strategy in the future.

Economic impact and property values

Concerns have been raised about property values and the potential impact on the economy of Bermagui.

The development may have an impact in terms of view loss and the further cumulative impact within this view catchment is likely. There is no evidence to suggest that the development would have a detrimental impact on the economic viability of Bermagui.

The existing 10 metre height limit, Draft Commercial Land Strategy and Draft Residential Land Strategy encourages the consolidation of our commercial centres and further development of our higher density residential land. Mixed use developments including Shop Top Housing is encouraged with incentives around additional density and height are being investigated to promote further investment and development within our residential zones within close proximity to town centres.  

The existing commercial component is being retained and will continue to support the local economy and activation of Lamont Street.

Public interest

It is argued that the proposed development would have an impact views and the character of Bermagui which is not in the public interest.

The scale of the original design would have made the modern design more prominent within the existing streetscape and opportunities were identified to reduce the potential impact on view loss by reducing the overall height (measured from Sherwin Lane) and width of the proposed development. A revised design has been lodged to address these concerns.

The revised design has reduced the overall scale of the proposed development that is below the nominated height limit of 10 metre (measured from Sherwin Lane) and provides additional setbacks around the top floor within a commercial zone with a zero-line setback. A centrally glazed treatment has also been provided through the centre of the building with additional landscaping around the building. This has reduced the overall bulk and scale of the building and reduced the impact on views.

The existing and continued use of the site for a mixed-use development is encouraged in the existing planning framework and draft strategies. The existing arcade would remain and continue to provide an active presence along Lamont Street. The overall scale of the development has been reduced to address the impact on the streetscape and surrounding view catchment.

The potential impact on view loss needs to be considered within the context of a commercial zone (B2) and higher density residential zone (R3) where the further impact on this existing view corridor is highly likely.

Financial and Resourcing Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s 2019-20 Budget.

Legal /Policy

The proposal involves a minor variation to the 10-metre height limit under Clause 4.6 of the BVLEP 2013. The development application has been assessed under assumed concurrence given the variation to the height limit is not greater than 10%.

Refusal of the Development Application could be subject to an appeal.

Impacts on Strategic/Operational/Asset Management/Risk

Strategic Alignment

The revised plans are more consistent with the goals outlined in the Community Strategic Plan 2040 and in particular Goals 7 and 8:

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

·    Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that met local needs.

The proposed use is not increasing the density of development or housing choice but consolidates an existing residential use within a commercial area under Directions 24 and 45 of the South East and Tablelands Regional Plan 2036;

·    Direction 24: Deliver greater housing supply and choice

·    Direction 25: Focus housing growth in locations that maximise infrastructure and services

The revised plans are consistent with the Draft Commercial Land Strategy and Draft Residential Land Strategy.

The proposed development involves an existing mixed-use development within the town centre of Bermagui. The further development of commercial and high-density residential land with two-three storey development is encouraged within our town centres including Bermagui which is identified as a local centre within the Draft Commercial Land Strategy.

The existing B2 Local Centre Zone and surrounding R3 Medium Density Zone is likely to be redeveloped with the potential for greater density and height control bonuses identified within the Draft Residential Land Strategy.

The town centre is likely to be further developed and vulnerable to incremental view loss.

Environment / Sustainability

The proposal seeks to limit the view sharing impacts of the development and consolidates development within the B2 Local Centre Zone. Any potential works involving the demolition and construction of the new building would be subject to the draft Conditions of Consent relating to soil and water management being undertaken.

Risk

The assessment of development is a core function of Council. There is no material impacts on Council’s operations or assets associated with the proposed Shop Top Housing. A dilapidation report is required in the draft Conditions of Consent to ensure the protection of neighbouring properties during any construction works.

Social / Cultural

Proposed Shop Top Housing would replace an existing dwelling. The existing commercial arcade would remain within an existing B2 Local Centre Zone with limited additional impact on the broader social and cultural fabric of the Shire. 

Options for Council

The following options are available to Council, in its consideration of this matter:

1.    Approve the Development Application subject to the draft Conditions of Consent. This is the recommended option.

2.    Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft Reasons for Refusal.

3.    Defer consideration of the matter and request the applicant to delete the second floor altogether.

4.    Defer consideration of the matter and seek an alternative design to address any concerns raised (to be specified by Councillors).

Attachments

1.         Draft Conditions of Consent

2.         Original plans

3.         Revised Plans

4.         Assessment under Clause 4.15

5.         Summary of Submissions

 


Council

8 April 2020

Item 8.1 - Attachment 1

Draft Conditions of Consent

 

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Council

8 April 2020

Item 8.1 - Attachment 2

Original plans

 

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Council

8 April 2020

Item 8.1 - Attachment 3

Revised Plans

 

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Council

8 April 2020

Item 8.1 - Attachment 4

Assessment under Clause 4.15

 

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Council

8 April 2020

Item 8.1 - Attachment 5

Summary of Submissions

 

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Council

8 April 2020

 

 

Staff Reports – Community, Culture and Leisure

 

8 April 2020

  

9.1              Acquisitive Sculpture Prize................................................................................ 128


Council 8 April 2020

Item 9.1

 

9.1.  Acquisitive Sculpture Prize       

 

A suitable work has been chosen for the Bega Valley Shire Council acquisitive sculpture prize and an allocation of funds from the Southern Phone dividend is proposed to secure the work.

 

Director Community Environment and Planning  

 

 

Officer’s Recommendation

That:

1.    Council endorse acquisition of ‘Landed’ by Thomas Westra for the 2020 Acquisitive Sculpture Prize.

2.    The 2020 Acquisitive Prize be increased, by $8,000 to $18,000, with funds allocated from the Southern Phone dividend.

3.    Any funds raised in donations towards the 2020 Sculpture Award be used to reimburse the Southern Phone dividend reserve.

4.    ‘Landed’ be installed at a suitable site in Bemboka, subject to consultation with the Bemboka community.

5.    Bemboka resident, Mr John Cullen, be appointed to the advisory panel to assist in engaging with the local community and determining a suitable location for the sculpture.

6.    A further report be brought back to Council once a location has been selected.

 

Executive Summary

Following a Council resolution on 11 December 2019, an advisory panel was formed to select the BVSC Acquisitive Prize. The panel attended Sculpture Bermagui on 6 March 2020 and assessed the exhibited works against the selection criteria. They unanimously found the entry ‘Landing’, by artist Thomas Westra, worthy of the Award. 

Council resolved on 10 April 2019 to allocate $10,000 from the 2019 Southern Phone dividend for the Acquisitive Sculpture Prize in the 2019/20 Budget.  The selected work is priced at $18,000. Panel members have committed to seeking donations from philanthropists to cover the unbudgeted cost of the sculpture, however, these are yet to be secured.

The allocation of the Award at Sculpture Bermagui strengthens the community run event, supports local artists and helps attract tourists to the region. Council receives an annual dividend from Southern Phone which is to be allocated to activities with community benefit. It is recommended that an additional $8,000 be allocated from the funds held in reserve from the Southern Phones dividend to enable this prize to be awarded.  Should donations be secured for the 2020 prize, these could be used to reimburse this additional expenditure.

Background

Council resolved on 10 April 2019 to allocate $10,000 from the 2019 Southern Phone dividend for an Acquisitive Sculpture Prize in the 2019/20 Budget.  On 11 December 2019 Council made the following resolutions in relation to the establish of and acquisitive sculpture prize:

1.    That Council establish an advisory panel and delegate it to select the Bega Valley Shire

Council Acquisitive Sculpture Prize.

2.    That the advisory panel include a Councillor representative, a representative of South East Arts Inc and a staff member with arts expertise

3.    That Cr Bain be appointed as the Councillor representative on the advisory panel.

4.    That the exhibited works at Sculpture Bermagui 2020 be considered for the prize, and that, if no suitable works are identified from that exhibition, the funds be allocated for a sculpture acquisition in the 2020/21 financial year.

5.    That the advisory panel make a recommendation to Council on a site for installation of the acquired sculpture, and a community member from the location of the site is included in the advisory panel, and that this be subject to a further report to Council.

An advisory panel was formed which included Councillor Bain, Council’s Gallery Director, Iain Dawson, South East Arts Executive Director, Andrew Gray, and community members with arts expertise, Carolyn Killen (Ivy Hill Gallery, Wapengo) and Rob Evans (Arts Essence Gallery, Pambula)

Exhibited works at Sculpture Bermagui 2020 were considered for the prize against criteria that align with Council’s Public Art Procedure 1.03.2 and the Bega Valley Regional Gallery acquisition guidelines:

·    Nature of the site location, surrounding area and environment

·    Excellence and rigorous commitment to contemporary practice

·    Accessibility of the artwork to all members of the community

·    Suitability for civic/public domains

·    Durability and sustainability of the item

·    Work, health and safety (public)

 

The panel found ‘Landing’ by artist Thomas Westra to be the only entry that meet all criteria, with the majority of entries failing on two or more on the criteria. The work (Figure 1) is a large eagle, constructed from forged and welded steel, measuring 325 x 165 x 90cm. The artist statement read that the sculpture ‘represents the journey of searching, finding and holding onto the passion for life’. Large in scale, and suitable for a variety of locations, this sculpture should prove popular with residents of the Bega Valley.

The selected work is priced at $18,000, which is $8,000 over the allocated 19/20 budget.

Panel members have committed to seeking donations from philanthropists to cover the unbudgeted cost of the sculpture, however, these are yet to be secured. In order to provide certainty to the artist and Sculpture Bermagui committee, the prize should be awarded as soon as possible. Once awarded, the selection panel can progress with site recommendations and undertake community engagement. 

The allocation of the Award at Sculpture Bermagui strengthens the community run event, supports local artists and helps attract tourists to the region.

Once the Award is finalised, the advisory panel will undertake community consultation and make a recommendation to Council on the preferred site for the acquisition, taking into consideration the input of community stakeholders and people with relevant expertise.

 

Figure 1 – ‘Landing’ by Thomas Westra

Options

The options available to Council are:

1.    That the 2020 Acquisitive Prize be increased by $8,000 to $18,000 to acquire ‘Landed’ by Thomas Westra

2.    That no acquisitive prize is awarded in 2020 and budgeted funds be carried over for a sculpture acquisition in the 2020/21 financial year.

Community Engagement

Council’s intent to award an acquisitive prize at Sculpture Bermagui was met with considerable positive responses from member of that community at the opening event and a letter of thanks from the Sculpture Bermagui organising committee.

Consultation Planned

Recommendations to Council on the siting of the acquired sculpture will take into consideration input from community stakeholders. An engagement plan will be developed to guide a consultation process specific to the preferred location(s).

Financial and resource considerations

Funds for the $10,000 acquisitive sculpture prize have been allocated from the Southern Phones dividend in the 19/20 budget. Additional funds of $8,000 are recommended from Southern Phones proceeds held in reserve. The Southern Phone funding has historically been allocated to activities with community benefit including community events and festivals. The allocation of this funding source to this prize is consistent with this intent.   Should donations be secured for the 2020 prize, these could be used to reimburse the Southern Phones reserve.

 

Funding source

 

Amount

Southern Phones reserve 

$

18,000

Legal /Policy

Consideration of work, health and safety, and consistency with current planning, heritage and environmental policies and procedures will be required prior to the installation of the public artwork.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Public art is identified in Goal 1 of the Bega Valley Shire Community Strategic Plan 2040; we are a cooperative, caring and enjoy a culturally rich community life, Council’s Delivery Program 2017 – 2021 action: stimulate and enhance Australia’s visual culture and deliver on the outcomes of the Regional Gallery Strategic Plan, and Council’s Operational Plan 2019-2020 activity: deliver public art programs.

Risk

Some community expectation has been raised that Council will acquire this work which may provide some reputational risk to Council should the additional funds not be sourced. The rigorous application of procedures for the selection of artwork ensure the acquired works represent good value for money and reduce ongoing maintenance costs. The careful identification of suitable sites for installation will minimise risks associated with public safety and any potential negative impacts on visual amenity.

Social / Cultural

Art in public spaces creates a point of difference, enhances ambience and attractiveness, encourages use and vitality, and contributes to a sense of pride and wellbeing in the community. Council’s public art programs aim to respond to the cultural needs of the community and to support arts and culture in the Bega Valley Shire. The awarding of an Acquisitive prize from the works exhibited at Bermagui Sculpture strengthens this community managed event.

 

Attachments

Nil

  

 


Council

8 April 2020

 

 

Staff Reports – Infrastructure Waste And Water

 

8 April 2020

  

11.1            Former Merimbula Visitor Information Centre building options..................... 134

11.2            Termination of lease - Tathra Beach Kiosk........................................................ 141

11.3            Sporting Complex Upgrade Projects Update.................................................... 145

11.4            Proposed divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda 155

11.5            Kiah Catholic Church Land................................................................................. 173

11.6            RFT 02/2020 & 03/2020 Pambula Squash Courts - Building Construction and Court Fitout........................................................................................................................... 177

11.7            Eden, Twofold Bay and Towamba River Flood Study Final Findings................. 205

11.8            Merimbula Airport - Support for Regional Express during COVID-19 Pandemic 214

11.9            Apex Park, Bermagui - Public Amenities Upgrade, Concept Design................. 221


Council 8 April 2020

Item 11.1

 

11.1. Former Merimbula Visitor Information Centre building options     

The former Merimbula Visitor Information Centre building is currently vacant, and Council are being asked to consider the future of the asset.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council conduct a 28-day public consultation process seeking community views on a proposal to demolish the former Merimbula Visitor Information Centre building at Beach Street, Merimbula and restore the site as open space.

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

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

Executive Summary

The former Merimbula Visitor Information Centre (VIC) building is currently vacant and in an aging condition, the current zoning and approved use for the building limits potential future uses.  Furthermore, the Spiire Central Business District (CBD) Landscape Master Plan for Merimbula provides for the relocation of the VIC building.  Now the VIC have vacated the building and are in their new premises at the Centrepoint Arcade in Merimbula, Council are being asked to consider the future of the former VIC building.

Background

Council is appointed Crown Land Manager of Merimbula Beach (R97406) Reserve which the former Merimbula VIC building is located within.  The VIC building was constructed specifically for a VIC before the site even became a Crown Reserve.  It was formerly located below mean high water mark and is the subject of reclaimed land added to the existing Crown Reserve in 1984.

Council resolved at its Ordinary Meeting of 20 February 2019 to approve a further one-year licence to Merimbula Tourism Incorporated for their continued occupation of the Merimbula VIC building.  As outlined in the report to Council’s Ordinary Meeting of 18 March 2020 Merimbula VIC have now vacated the site are now located at the Centrepoint Arcade in Merimbula with the former VIC building currently vacant.

Council officers have explored short term options for the building such as use for a pop-up shop or kiosk, but the approved use of the building is as a ‘Tourist Information Centre’.  The current equivalent land use definition is information and education facility, which is defined as:

“Information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.”

Under the current zoning of RE1 there are several other permissible land uses, including:

“Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Sewage treatment plants; Water recreation structures.”

The existing building is too big for a kiosk, as it exceeds the 50m2 floor limit. 

“Kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.”

Based on the above there is not a lot of flexibility, given the zoning and approved use without significant planning changes and an upgrade to the existing building to enable for the provision of essential services.

It is also noted that in a report to Council’s Ordinary Meeting of 22 November 2017 it was identified that the VIC building is approaching the end of its useful asset life and given the Spiire CBD Landscape Master Plan for Merimbula provides for the relocation of the VIC building it is considered timely that Council make a decision on whether this asset is to be renewed and if so, whether this occurs in its current location. 

Options

The options available to Council are:

1.    Carry out a 28-day public consultation process seeking community views on a proposal to demolish the former Merimbula VIC building at Beach Street, Merimbula and restore the site as open space.

2.    Carry out an Expression of Interest (EOI) process for the use of the former VIC building on the basis of a financial return to Council.  Noting the proponent will need to make their own enquiries regarding any proposed use of the site and provide evidence that the proposal meets all planning and building regulation requirements at a cost to the proponent. This option does not comply with the Spiire CBD Landscape Master Plan for Merimbula.

3.    Maintain the status quo and retain the vacant building until funding can be sourced to proceed with the Spiire CBD Landscape Master Plan for Merimbula.

Community Engagement

Consultation undertaken

Council officers approached Crown Lands regarding whether it is possible for Council to demolish the former Merimbula VIC building and have been advised that as Council is appointed Crown Land Manager of the site, Council is best placed to decide the fate of the building.

Consultation Planned

Council officers will be required to carry out a 28-day public consultation process seeking community views on a proposal to demolish the former Merimbula VIC building at Beach Street, Merimbula and restore the site as open space.  All feedback will be considered in making a decision about this proposal and a further report presented to Council should submissions against the proposal be received.

A development application (DA) would need to be lodged seeking approval for the demolition of the building.

Council consideration of input

The reserve is subject to both Aboriginal Land Claims and a Native Title claim therefore Council will work directly with the NSW Aboriginal Land Council (NSWALC) and Bega Local Aboriginal Land Council (Bega LALC) to ensure their needs and views are considered as well as consider the Native Title legislation in relation to this proposal.

Financial and resource considerations

Council officers believe investing significant sums in repairs isn’t a good use of public funds, given the lack of flexibility with the zoning and approved use as well as the condition of the building and CBD Landscape Master Plan, there appears to be little potential for long term return on an investment.

Costs associated with the demolition of the VIC building have been estimated to be approximately $15,000.  This includes restoration of the site as open space.  Council officers will request a budget allocation from the building SRV as part of the 2020/21 budget to fund demolition and restoration works should the demolition proceed. 

Legal /Policy

Council is committed to managing Crown land consistently with the Aboriginal Land Rights Act 1983.  There are two Aboriginal Land Claims (ALC 42488 and 42623) lodged over the site, and Council will be required to discuss with the NSWALC and Bega LALC to ensure traditional custodians’ needs and views are given primary consideration in determining the next steps for the proposed DA for demolition of the site. 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Shire Council has undertaken a planning and design project to prepare Landscape Master Plans for the town centres of each of the four major towns in the Shire – Bega, Bermagui, Eden and Merimbula.

These plans address the presentation and design of the town centres CBD and surrounding areas and provide a framework for future decisions about development of the public spaces in the four towns.  BVSC engaged Spiire Australia Pty Ltd through a competitive tendering process to prepare the Master Plans in 2015.

Council officers are seeking to include the preparation of a place making Area Plan for Merimbula in the draft 20/21 Operational Plan.  This plan will address issues and opportunities that relate to traffic flow, flooding, environmental impacts, the built form and activation of the CBD.

Economic

Very little preventative or routine maintenance has been completed on the former Merimbula VIC building by Council or the tenants over several years and it is therefore now in need of significant renewal works.  Council now finds itself in a position where it has an aging building asset, with only minimal rental income to fund works necessary to bring the asset back to a satisfactory level. 

Risk

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

·    Reputational risk in relation to leaving the building vacant and the length of time it may take to fund demolition of the building as well as the community's view on the future of the asset.

·    Financial risk in relation to the ongoing liabilities such as the building management whilst vacant.

Attachments

1.         Spiire CBD Landscape Master Plan Merimbula

 


Council

8 April 2020

Item 11.1 - Attachment 1

Spiire CBD Landscape Master Plan Merimbula

 

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Council 8 April 2020

Item 11.2

 

11.2. Termination of lease - Tathra Beach Kiosk     

The current lessee of the Tathra Beach Kiosk has notified Council that they wish to terminate their lease and close their business at the end of May 2020.  Council approval is being sought to terminate the lease and conduct a further public EOI process to locate a new tenant for the site.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve the termination of the current lease effective immediately with the lessee continuing to uphold full financial responsibilities for rent and outgoings until a new tenant is located.

3.    That Council note a further public Expression of Interest process will be conducted by Council officers and the results will be presented back to Council for consideration.

4.    That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program to fund the essential building repair works.

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

Executive Summary

The current lessee of the Tathra Beach Kiosk has requested Council terminate their lease penalty free to allow them to close their business at the end of May 2020.

Council officers are seeking direction on how to proceed with the future of the Tathra Beach Kiosk site, considering several options available which have been detailed in this report.

Background

The Tathra Beach Kiosk is located within a Council Managed Crown Reserve being R79310 at Tathra.  Council officers conducted a public Expression of Interest (EOI) process in March 2015 seeking applications from prospective tenants to occupy the Tathra Beach Kiosk space under an exclusive retail lease.  Because of that process, one submission was received from the operator at the time and a formal lease was entered into for a period of ten years commencing on 1 July 2015 and expiring on 30 June 2025.  Following a formal assignment process, the business was sold, and the remaining tenure was assigned to the current lessee via formal Council Resolution on 6 April 2016. 

As part of the 2015 EOI process the lessee made a commitment to expend a sum of $50,000 over the first five-year term of the lease to carry out essential repairs to the building for a reduced annual rental.  Accordingly, such a clause was added to the lease documentation and the current lessee was made aware they would be required to undertake the works identified at their expense prior to 30 June 2020.

The essential building repair works include:

·    Repair timber posts, bearers and flooring to the dining area of the building only;

·    Replace existing vinyl floor coverings with a suitable commercial grade floor covering;

·    Replace all windows, including all window components, with windows of a similar or better quality to the existing windows;

·    Replace the front door with double aluminium swing door; and

·    Repair and repaint the exterior timber of the building.

These essential building repair works have not been completed to date and the lessee has formally advised Council of their intention to vacate the premises at the end of May 2020.  The lessee has requested in the attached email correspondence to be released from their remaining tenure with no penalties.

At Council’s Ordinary Meeting of 26 June 2019, a Resolution was passed to give formal notice to the New South Wales Minister for Land’s and Forestry (the Minister) of Council’s intention to divest of its management responsibilities under the Crown Land Management Act 2016 (NSW) for several New South Wales Government assets, the Tathra Beach Kiosk being one of those assets.  Following the Resolution of Council, a formal letter was sent to the Minister on 28 June 2019, however to date the New South Wales Government has not taken back responsibility for the assets Council identified.

Options

The options available to Council are:

1.    Not approve the termination of the current lease, with the lessee continuing to uphold their full financial responsibilities until they are able to sell the business and formally assign the lease.  Noting as Council resolved at its Ordinary Meeting of 5 February 2020 to waive lease fees for the second half of the 2019/20 financial year the lessee will not be required to pay rent until 1 July 2020 however, would be required to fund all outgoings and the building works; OR

2.    Approve the termination of the current lease effective from the end of May 2020, with the lessee continuing to uphold full financial responsibilities until such time that a new tenant can be found, and the lease formally assigned.  Noting as Council resolved at its Ordinary Meeting of 5 February 2020 to waive lease fees for the second half of the 2019/20 financial year the lessee would not be required to pay rent until 1 July 2020 however, would be required to fund all outgoings and the building works while Council officers conduct a further public EOI process to locate a new tenant for the site; OR

3.    Approve the termination of the current lease effective from the end of May 2020 and release the lessee from all financial responsibilities.  Noting Council officers will be required to conduct a further public EOI process to locate a new tenant for the site and a funding source for the building works will need to be identified;

4.    Approve the termination of the current lease effective immediately, with Council officers conducting a further public EOI process to locate a new tenant for the site to commence operation after the building repair works have been complete towards the end of the calendar year.  Noting a funding source for the building works will need to be identified.

5.    Approve the termination of the current lease effective from the end of May 2020 and continue to pursue the New South Wales Government to take responsibility for the asset.  Noting the kiosk is located within Reserve 79310 which includes a large area between the Wharf and river mouth both sides of Andy Poole Drive and takes in many public areas.  A subdivision of the reserve would be required to enable hand back of the kiosk asset only.  Furthermore, this option may mean permanent closure of the kiosk to the community.

Community Engagement

Consultation undertaken

The lessee’s original request dated 12 February 2020 for a termination of their lease penalty free was addressed to Minister Andrew Constance’s office.  Upon receipt of the request Council officers responded to the lessee to advise a report was presented to Council’s Ordinary Meeting of 5 February 2020 in relation to the waiver of rental fees for Council lease holders who were impacted by the fires and an amount of $10,589.22 had been approved for their occupation of the kiosk.

In subsequent correspondence the lessees advised the rental relief was appreciated and would assist with their plans to stay operational until May 2020, but their position remained the same as far as needing to terminate their lease agreement.

Council consideration of input

To ensure the continued use and occupation of the reserve is appropriate, Council officers will consider:

·    Compliance with the legislation, related policies and guidelines;

·    Compatibility with the reserve purpose;

·    Native Title rights;

·    Aboriginal land claims.

Financial and resource considerations

As specified in the lease agreement a market rent review three years from the commencement date and every three years thereafter is required.  A market rental valuation report was obtained from Opteon Property Group on 4 May 2018 which outlined an annual rental achievable of $19,006 plus GST per annum as is or if there was no reduction in rent due to the commitment for building repair works the rental achievable would be $20,000 plus GST per annum.

As the essential building repair works were to be funded by the lessee there is no current budget allocation for these works.  Council officers will be recommending a budget allocation from the building SRV as part of the 2020/21 budget.  Concurrently Council officers will make an application through the 2020-21 Crown Reserves Improvement Fund Program (CRIFP) which is scheduled to open in April 2020.  Although there are no guarantees Council would be successful the CRIFP could be a source of securing the funding to complete the works.

Due to the nature of the essential building repair works required the kiosk will need to be closed to the public while the works are complete, for this reason it is considered sensible to have these works complete prior to any new tenancy commencing.

Should Council approve the termination of the current lease, there will be Council officer resources and legal costs associated with the termination and EOI process to locate a new tenant for the site.

Legal /Policy

The Tathra Beach Kiosk lease falls under the provisions of the Retail Leases Act 1994 (NSW).  In accordance with clause 23.1(e) of the executed lease agreement, Council may end the lease if the lessee ceases or threatens to cease to carry on business or goes into liquidation, whether voluntary or otherwise.  Clause 23.5 of the lease states that if Council as the lessor ends this lease under this clause, it may, besides any other rights and remedies that it might have, recover from the lessee damages for the loss of the benefit of the rest of this lease.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

Tathra Beach is subject to coastal processes and hazards which may affect the kiosk building.  For this reason, any development of the kiosk building is restricted to the existing footprint only.

Risk

If Council continue with the existing lease there is a risk that no further rental payments will be made, and the café will remain closed to the community with Council having no other option but to pursue debt recovery action for the loss of rental income during the remaining lease term.

If a further public EOI process to locate a new tenant for the café site is conducted any new tenancy will need to consider Native Title legislation.  Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding a proposed new lease as it may affect Native Title interests in the reserve.  When exercising powers provided by the transitional arrangements under the Crown Land Management Act 2016 (NSW), Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that the proposed lease complies with the Native Title Act 1993 (Cth).

Social / Cultural

As detailed in the Plan of Management the Tathra Beach Kiosk is well patronised by both locals and visitors to the Shire and is an asset to the reserve and its users dating back to the 1950’s.  For this reason, ensuring the ongoing operation of the kiosk is considered imperative.

Attachments

1.            Email correspondence with the lessee of Tathra Beach Kiosk regarding termination of lease AK5195C (Confidential - As this attachment contains personnel matters concerning particular individuals, a discussion in relation to the personal hardship of a resident or ratepayer and commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(a), (b) and (d) of the Local Government Act 1993.

 

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information and would also impact Council’s position in relation to its consideration, therefore impacting the process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individuals.

 

 

 


Council 8 April 2020

Item 11.3

 

11.3. Sporting Complex Upgrade Projects Update     

This report provides an update to Councillors on formalising funding arrangements for the three sporting infrastructure projects announced in February 2019 and programs to progress the projects moving forward.

Director Assets and Operations  

Officer’s Recommendation

1.    The report be received and noted.

2.    The membership structure of the Project Control Groups detailed in the report be endorsed by Council.3.      The measures to move forward with the projects outlined in the report be endorsed by Council.

4.    That project milestone reports be distributed to Councillors.

5.    That Council delegate authority to the General Manager to consider recommendations of Project Control Groups and provide direction to progress with projects. 

Executive Summary

In February 2019 funding toward the Pambula Sporting Complex and Bega Sporting Complex Masterplans as well as upgrades to the Ford Park Courts was announced by the Hon. Andrew Constance MP. The funding announcement was for:

·    Bega Sports Complex & Valley Fields Master Plans - $8.5

·    Pambula Sporting Complex Master Plan - $4m

·    Merimbula Ford Park Courts - $1m

Funding for the project has been pursued over the past four years since the Bega and Pambula Sporting Complex Master Plans were adopted by Council in 2016. The funding process began with an Expression of Interest in the NSW Governments Regional Sport Infrastructure Fund Program. It was an ambitious proposal requesting funding to see works identified in the Master Plan at both sites fully funded. The proposal aligned well against the program guidelines and criteria. Positive feedback on the EOI proposal lead to Council submitting a Business Case application for the Bega Valley Sports Hub project in May 2018. 

The total funding amount announced was $13.5M. An important component of the funding is to develop multi-purpose facilities that will be accessible and useable for many in the community. This will provide local clubs and users much improved facilities and, importantly, also enable the spaces to be utilised for a variety of community events and purposes.

Since the announcement Council staff have been working with the NSW Office of Sport to formally register the three projects under the NSW Office Of Sport Election Commitments Program, provide detailed project briefs under the funding guidelines and work through the process of formalising funding deeds.

Legal /Policy

Legislation and regulations relevant to the projects include:

·    Environmental Planning and Assessment Act 1979

·    State Environmental Planning Policy (infrastructure) 2007

·    Bega Valley Local Environmental Plan 2013

·    Crown Land Management Act 2016

·    Native Title Act 1993

·    Local Government Act 1993

·    BVSC Generic Plan of Management

·    BVSC Procurement Policy

Community Engagement

Consultation undertaken

The development of adopted Master Plans has shown collaboration between users, stakeholder groups and Council.  The groups and stakeholders cover varied interests and demographics, and all acknowledge the benefit and value of multi-purpose facilities which can offer a wide range of uses and participation opportunities; from local matches to large scale regional events.  There has also been extensive collaboration with peak sporting bodies and State Government agencies in the development of the Master Plans.

Consultation was an important aspect in the development of the Master Plans for the Bega Valley Regional Sporting Facilities. This consultation included extensive community engagement with user groups and the broader community to ensure the facilities align with community needs, recreation trends, expectations and opportunities to increase participation and add value.

Project awareness in development of the Sporting Complex Master Plans was been promoted through press releases, local newspapers, sportsground committees, social media and local radio.  The engagement process included:

·    Community workshops

·    Councillor workshops

·    Online surveys (397 responses)

·    Numerous user/club/stakeholder interviews

·    Various sporting association interviews

The consultation identified and confirmed issues, opportunities, key user groups and patterns of use within the sporting complex areas.  Key tasks to overcome identified issues and take advantage of opportunities are outlined in the adopted Master Plan documents.

Letters of support from many stakeholders were included in funding applications.  They demonstrate the broad support and variety of users that will benefit from the projects.

Consultation Planned

There will be further consultation required. It is known and acknowledged that Master Plans are a ‘point in time’ document; and things do change. Examples of some changed use and emerging issues at each site over the past few years include:

Bega Sporting Complex:

•     Bega Bombers AFL now using Keith Mitchell Oval

•     Identified issues with Netball facilities in Bega

•     Draft concept and consultation Bega Sports Building

•     Review of Valley Fields area of Masterplan underway

Pambula Sporting Complex:

•     Sale of Merimbula Main Street site to fund squash courts / multi use space at SAC

•     Basket Ball / Netball confirmed Merimbula ‘campus’

•     Interest from additional users (i.e. Pamula Men's Shed)

•     Pamula Soccer advised their preference is to NOT relocate to Pambula Sporting Complex.

•     Escalation of parking issues at Lumen Christie School

Merimbula Ford Park:

•     Basketball / Netball confirmed Merimbula Ford Park as their preferred site

•     Confirmation from the clubs their preference was for four covered outdoor courts

•     Community Project Proposal submitted and endorsed by BVSC including providing funds to assist with Development Application costs

•     Ongoing liaison with other users / stakeholders noting that the courts resurfacing and cover is the priority for works; with a project to improve the facilities at the pavilion/ clubhouse to be developed in the future.

Sporting Complex Master Plan Workshops

Noting the changes outlined above, workshops with representatives of user groups of the Sporting Complex Master Plan sites will be programmed to discuss and get feedback on issues and provide opportunity to raise others. Users will be asked to review the adopted plans for their site. They will be asked to think about facility mix, layout & locations and priorities for works. 

Project Control Groups.

A requirement of the funding deeds developed by the NSW Office of Sport is to develop Project Control Groups (PCG) for each project. The purpose of the Project Control Group is to provide high-level stakeholder oversight and leadership to the project. A draft terms of reference for a Project Control Group is attached to this report. The terms of reference identify the roles and responsibilities of a Project Control Group. A term of reference will be completed for each of the projects.

The PCG includes three site representatives. It is intended that site committees will nominate representatives from different user groups that bring experience and knowledge that will be relevant to the project as it develops. (e.g. such as planning, architectural and/or engineering design or civil and/or building construction experience) 

An important role of the Project Control group is to review project information and, where required, make recommendations to move the project forward. PCG recommendations are referred for final approval as required under BVSC delegations. 

Once formed the PCG will work according to the attached terms of reference and provide input to guide the project moving forward.

Council consideration of input

The Masterplans that are being implemented have been adopted by Council. Principally those plans identify:

•     Links to other plans

•     Facility mix – What will be included

•     Priorities for inclusions and / links and synergies

•     Useability - General layout of where facilities can be located

•     Resources required to deliver

With review and implementation of masterplans it is not unusual for there to be some changes.  Where those changes do not negatively impact on uses or facilities and the intent of the adopted plan is maintained there is not a need to report a revised masterplan back to Council.   However, where there are significant changes that will change the mix of facilities or impact unreasonably on a user group/s or facility provision these will need to be reported to Council.

Project milestone reporting (required by the funding agency) will be forwarded to Councillors. Recommendations of the PCG will be referred for approval under BVSC delegations. Any development applications required will be assessed under existing BVSC planning delegations. If a way forward cannot be reached by the PCG or if the responsibilities of the PCG have been breached the matter will be reported to Council for consideration.  

Resource Considerations

Full delivery of the Sporting Complex Upgrade projects, through implementation of the masterplans, needs external contributions to fund the required asset renewals and the cost of asset improvements needed to meet expectations and take advantage of the benefits to the community.  The projects have been funded as outlined in the table below.

 

Funding source

 

Amount

NSW Office of Sport – Bega Sporting Complex Upgrade

$

8.5M

NSW Office of Sport – Pambula Sporting Complex Upgrade

$

4M

NSW Office of Sport – Merimbula Ford Park Courts

$

1M

 

The funding deed identifies that costs incurred above the funded amounts will be the responsibility of BVSC.

Project Program – Key Milestones

A summary of the key project milestones of presented in the table below.

Key Milestone Performance Measure (output)

Bega Sporting Complex & Valley Fields

Pambula Sporting Complex

Merimbula Ford Park Courts

 

1.    Contract execution

 

 

 

N/A

2.    Project establishment

Master Plan Review, Design Development and Development Approvals

December 2020

December 2020

Complete

3.    Project Stage Gate

 

a) Approval of revised project scope and Budget, if required

b) Revision of Payment Milestone Schedule if required

If required post construction tender

4.    Detailed Design

Procurement of Detailed design services and provision of detail design for tender and construction.

April 2021

April 2021

Underway

5. Construction Procurement \

RFT for building Contractors /Tenderer selection, Draft building Contract, Tender process and review to budget. Reports as per delegations.

Award of the construction contracts. 

August 2021

August 2021

June 2020

6. Site establishment & Work commencement

October 2021

October 2021

September 2020

7.    50% completion of Project construction

July 2022

July 2022

November 2020

8.    100% completion of Project construction

October 2022

October 2022

March 2021

9.    Practical completion of Project Construction

December 2022

December 2022

April 2021

10.  Audited financial statement

Within 1-3 months

Within 1-3 months

Within 1-3 months

 

Staff Resources 

The projects are in addition to an already heavy capital delivery program. They are major projects and there will be high expectations on delivery from the many stakeholders involved. The need for project management staff primary dedicated to delivery of these project has been acknowledged and included in project budgets since the initial EOI was submitted.  Existing project management resources will be allocated to the Ford Park Courts project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of the Sporting Complex Masterplans and actions to progress sourcing funding have been included in Councils strategic plans.

The related action in the 2019/20 operational Plan is ‘Subject to funding undertake successful grants projects to implement the Regional Sporting Facilities Master Plans for Bega and Pambula Sporting Complexes’.

Master Planning Approach 

Taking a strategic approach and having Council adopted masterplans were an important part in attaining the significant external funding. Funding agencies need to see strategic benefits, project justification and value. The intent of masterplans when they are developed is to review the current situation and identify:

·    Key current and future uses and needs

·    Gaps in provision - Clear lack of facilities limiting use

·    Site opportunities and constraints

·    Links to other plans and projects (internal & external)

Asset Management

Bega Valley Shire Council is committed to an asset management approach.  The challenge in delivering asset renewals across the range and volume of assets in the Shire is known to Council and referred to in asset management plans.

The asset management approach is based on renewing existing assets, however simply replacing assets that were built in the past may not deliver best value outcomes. Strategic planning is useful to account for future needs to ensure that the expenditure of capital resources delivers good value to the community so that what is built fills an identified community need, will be well used and meets current and future requirements and expectations.

The master planning process has identified some clear provision gaps between existing assets and community needs and expectations. It also identified a number of opportunities for improved use principally through a multi-purpose approach to facilities.

The facilities included balance an asset renewal approach with acknowledging there are provision gaps with existing facilities and need to make improvements to better align with current expectations and future needs.

Economic

Development of the Sporting Complex Master Plan identifies projects will increase tourism opportunities for the Bega Valley by increasing the ability to host regional sporting, community and cultural events. Events hosted at the new Regional Sporting sites will stimulate economic benefit for the local community through visitor spend and stays.

Hosting of sporting events such as regional tournaments, State championships, pre-season competitions, demonstration games, training and development camps have benefits beyond the spend of participants. Sports events usually attract increased numbers due to the family-orientated nature, including parents and siblings of participants.  In addition, first-time visitors are more inclined to return to the area for another visit after a positive experience in the Bega Valley.

Risk

Project Risk identification has been included in project briefs submitted to the NSW Office of Sport. Identified project risks and mitigation measure include:

Risk Description

Risk Mitigation

Project not meeting needs and delivering value to the community

·      Review and clarification of key project aims, objectives and priorities. Defined key stakeholders and deliverables

Funding not sufficient to allow construction of scope of works

·      Concept design work completed by experienced specialist and costed through a quantity surveyor. Scope of works refined to reflect funding availability.

·      Project stage gates included where following concept review.


Major cost variations during construction.  Resourcing/Financing

·      Scope well defined

·      Detailed tender documents to be developed to project tendering.

·      Ensuring funding agreement reflects project timeframe.

Resourcing / Skilled construction and trades

·      Desirable project to be involved with. Project does not require highly specialised trades.

Construction
Unsafe work practices

·      Construction site compound established with site induction procedures in place to limit access to area.

·      Risk register implemented and updated weekly, Steering Committee updated fortnightly.

Planning and approvals
Critical approvals not issued (eg AHIP for disturbance of Aboriginal sites)

·      Due Diligence assessment, and project scope modelled around recommendations of assessment

·      Native title assessment and Crown Lands approvals requests noting projects do not change existing use which have been in place.  


Owners consent implications

·      Engagement with landowner and Council as Trust Manager.

·      Project consistent with adopted Plan of Management (where relevant) Engagement with Crown Lands prior to commencement of construction.

Procurement
Poor contractor selection leading to poor quality or value

·      Procurement processes in accordance with BVSC Policy 5.08 Procurement of Assets and Services and Procedure 5.08.1 and 5.08.3

Project Management
Project Plan not comprehensive

·      Project undertaken in accordance with BVSC Project Delivery Framework. Project management requirements resourced.

Stakeholder communication
Effective and balanced consultation ie real or perceived inequity of provision of facilities

·      Extensive community consultation undertaken during project and concept development. Continue to work collaboratively with community and key stakeholder groups by informing of progress in delivery of the agreed project design.

·      Implementation of Project Control Group

How to describe a risk: A [risk cause/driver] may result in a [risk event] which may affect [an objective i.e. what is the risk impact?]

Risk mitigation includes options and actions to be taken to reduce or prevent the risk from happening, or to reduce its impact on the project if it happens

Social / Cultural

There is no doubt that sport is an important part of life in regional areas. It provides opportunities for health and wellbeing and also much enjoyed social interaction for many in the community. The proposed redevelopments will considerably enhance the facilities for increased utilisation by sporting and community groups across the region. When completed, the facilities will be able to cater not only for local competition and training, but also provide opportunities for local and elite sport development pathways and regional coaching development. The key opportunity is in taking a ‘multiple-use’ approach to see all grounds and facilities well used for a wide range of uses. While there is no doubt local clubs and current sporting codes are key user groups; the implementation will also see opportunities for other stakeholders and partners to become involved.

Moving Forward

Merimbula Courts.

The funding deed has been finalised and works have commenced on preparing tender documents. A stakeholder meeting will be held to provide a project updated and to request site user nominations for the Project Control Group.

Bega and Pambula Sporting Complex Upgrades

Once funding deeds have been finalised it is recommended that:

•     Site Stakeholder group meetings be held to review and confirm key project aims, objectives and priorities. Key current and future uses and needs, gaps in provision, site opportunities and constraints, links to other plans and projects (internal & external) and priority works.

•     Request nominations and vote on site committee representatives to be on the Project Control Group.

•     The Project Control Group and Council staff begin to work through the Key Project Milestones.

•     Project Milestone reports be made available to Councillors and Site Committees.

Attachments

1.         ATTACHMENT - Project Control Group - Draft Terms of Reference

 


Council

8 April 2020

Item 11.3 - Attachment 1

ATTACHMENT - Project Control Group - Draft Terms of Reference

 

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Council 8 April 2020

Item 11.4

 

11.4. Proposed divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda     

A formal request has been received from the adjoining land owner for the purchase of Lot 14 DP 249924 at Moore Wren Road, Tarraganda.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda to the proprietors of Lot 1316 DP 1172251, for the amount as offered.

        OR

        That Council delegate authority to the General Manager to continue to negotiate a sale of Lot 14 DP 249924 at Moore Wren Road, Tarraganda with the proprietors of Lot 1316 DP 1172251 for a minimum value as determined and set by Council.

3.    That Council’s legal fees to finalise this matter be payable by Council from the proceeds of sale.

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

5.    That the proprietors of Lot 1316 DP 1172251 be advised of Council’s decision.

Executive Summary

The proprietors of Lot 1316 DP 1172251 have made a formal offer to purchase Lot 14 DP 249924 at Moore Wren Road, Tarraganda and Council’s consideration is requested to progress with divestment of the land parcel.  The request is in line with Council’s identified Land Divestment Strategy, with divestment removing this financial liability from Council.

Background

Council resolved, at its Ordinary Meeting of 13 March 2019, when considering its position on the proposed divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda as follows:

 

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

2.    That Council appoint a registered Valuer by competitive quotation process to provide Bega Valley Shire Council with a formal market valuation for Lot 14 DP 249924 Moore Wren Road, Tarraganda.

3.    That Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Bega Valley Shire Council’s interests in divesting Lot 14 DP 249924 Moore Wren Road, Tarraganda by public auction, private treaty or expression of interest.

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

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

 

Following the Resolution of Council, a competitive quotation process to engage IPN Valuers was undertaken and a formal market valuation was obtained which outlined a market value of $22,500 for Lot 14 DP 249924 at Moore Wren Road, Tarraganda.  Prior to progressing a competitive quotation process to engage a suitably qualified Real Estate Agent to represent Council’s interests in divesting of Lot 14 DP 249924, officers wrote to the adjoining land owner seeking their interest in a direct negotiation for the purchase of the site to maximise any financial return to Council.

 

As outlined in the detail provided to Council at its Ordinary Meeting of 13 March 2019 the adjoining land owner holds a licence for a water pump located on Lot 14 DP 249924 and the parcel is only accessible by river to the public.  The current licence fee for this use is $547.80 per annum.  The land is currently zoned RU1 – Primary Production and a notation in the second schedule of the certificate of title records the land as public reserve.

 

The adjoining land owners have formally written to Council offering to purchase of Lot 14 DP 249924 at Moore Wren Road, Tarraganda.  Their letter attached outlines their offer and the basis for their offer.

 

Options

The options available to Council are:

1.    Proceed with disposal of Lot 14 DP 249924 at Moore Wren Road, Tarraganda for the value as offered and resolve accordingly.

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

3.    Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 14 DP 249924 at Moore Wren Road, Tarraganda.

4.    Retain ownership of Lot 14 DP 249924 at Moore Wren Road, Tarraganda and continue with the current licence arrangement which does not expire until 28 February 2025.

Community Engagement

Consultation undertaken

Council resolved at its Ordinary Meeting of 13 March 2019 to approve a request for quotation (RFQ) process to sell Lot 14 DP 249924 at Moore Wren Road, Tarraganda.  Prior to conducting the RFQ process Council officers formally wrote to the adjoining land owner seeking their interest in a direct negotiation for the sale of Lot 14 DP 249924.

Consultation Planned

Council officers will continue to consult with the adjoining land owner and legal representatives to action the Resolution of Council.

Financial and resource considerations

To maximise the economic value of each land parcel to Council engaging a qualified Real Estate Agent is not considered to be the best way forward in all cases as any Agent charges fees on a sale which Council may be able to directly negotiate without their expertise.

All options above will have additional financial and resource implications.  A sale option will include additional officers' time and resources as well as the engagement of legal representatives and legal costs.  Costs involved in the proposed disposal of Lot 14 DP 249924 will be offset against the proceeds of sale.

If Lot 14 DP 249924 is retained by Council, officers will be required to manage the terms of the current licence agreement and Council’s financial liability for the land would be retained.

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.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by Resolution of the Council.  The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset review- setting the framework for 2018/19 and into the refocus of the Long-Term Financial Plan).  Following the Resolution of Council, officers undertook a review of Council’s vacant operational land portfolio and Lot 14 DP 249924 at Moore Wren Road, Tarraganda was identified as being suitable for divestment.

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes.  Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

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

Attachments

1.         Council report dated 13 March 2019 - Land Divestment Options Lot 14 DP 249924 Moore Wren Road, Tarraganda

2.         Valuation report - Lot 14 DP 249924 Moore Wren Road, Tarraganda

3.            Formal offer to purchase Lot 14 DP 249924 from adjoining land owner (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information and would also impact Council’s position in relation to its consideration, therefore impacting the process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individuals.

 

 

 


Council

8 April 2020

Item 11.4 - Attachment 1

Council report dated 13 March 2019 - Land Divestment Options Lot 14 DP 249924 Moore Wren Road, Tarraganda

 

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Council

8 April 2020

Item 11.4 - Attachment 2

Valuation report - Lot 14 DP 249924 Moore Wren Road, Tarraganda

 

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Council 8 April 2020

Item 11.5

 

11.5. Kiah Catholic Church Land     

This report seeks Council direction on an approach to the Roman Catholic Church requesting they donate/gift Lot 68 DP 750223 to Bega Valley Shire Council for rebuilding the Kiah community hall.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council make a formal approach to the Trustees of the Roman Catholic Church for the Diocese of Goulburn being the registered owners of Lot 68 DP 750223 which adjoins Council owned community land to seek their consideration in gifting the land parcel to Bega Valley Shire Council for erecting a new Kiah Community Hall.

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

Executive Summary

On Saturday, 4 January 2020 the Border Fire destroyed the Kiah community hall and the Kiah church and damaged the Kiah Rural Fire Service shed, as part of the recovery process Council are committed to assisting in the recovery of the Kiah community and one key action is the rebuild of the Kiah community hall.

Prior to the bushfires the Kiah hall committee approached Council seeking their interest in purchasing the church and church land and Council officers have been advised by the Kiah community hall committee that the church is not expected to be rebuilt.

Initial conversations with the Kiah community are that there is an opportunity to review the position of the community hall building from its current location to that of the former church site, which is considered by many in the community to be the ideal location on the crest of the hill.

The Kiah community are supportive of a formal approach to the Roman Catholic Church to request their consideration in gifting the land parcel to Bega Valley Shire Council for erecting a new Kiah community hall.

 Background

Kiah hall and Kiah church are located just off the Princes Highway in ‘central’ Kiah, 15 minutes South of Eden on Kiah Hall Road.

The hall is located on Council owned community land being Lot 1 DP 334799.  The hall officially opened in 1957 following years of fundraising by the Kiah community with the timber for the floor being donated by people from Narrabarba and cut at the mill in Eden, and most of the work was undertaken by voluntary labour.

The church is located on Lot 68 DP 750223 which is adjacent to the community hall land and opened April 1929.  The name chosen for the church was ‘Our Lady of the Princes Highway’.  This church replaced an earlier church that had been burnt down by bushfires which swept through the village in December 1926.

Figure 1 – Kiah hall and Kiah church

Prior to the bushfires Council were approached by the church to seek their interest in purchasing the church building and lands, this offer was not progressed due to funding and asset rationalisation.

Both the Hall and the Church were destroyed by the Border fire on Saturday, 4 January 2020.

During initial conversations with the Kiah community regarding the rebuild of the hall Council officers were advised the church was not being rebuilt and the owners are looking to divest of the land parcel from their ownership.

The church site is considered to make an ideal location for the hall rebuild as it occupies an elevated position on the crest of the hill, this site has the potential to provide a more cost-effective building site and there is strong community consent that the church lands would make an ideal site for the future hall.

The Kiah community are requesting Council make a direct approach to the owners of the church land to donate/gift the land to Bega Valley Shire Council for the purpose of rebuilding the Kiah community hall.

Options

The following options available to Council are:

1.    Formally write to the Trustees of the Roman Catholic Church requesting they donate/gift Lot 68 DP 750223 to Bega Valley Shire Council for rebuilding the Kiah community hall; OR

2.    Negotiate the purchase of Lot 68 DP 750223 from the Roman Catholic Church noting there is currently no funding allocated to acquire this land; OR

3.    Advise the Kiah community and hall committee that Council do not support the acquisition of the church land and progress the rebuild of the Community hall in its current location.

Community Engagement

Consultation undertaken

Post the bushfire event several community meetings have been held with the Kiah community regarding the recovery process and rebuild of the hall facility.

There has been strong community support for the rebuild of the Kiah hall and investigating the opportunity to acquire the church land via a donation/gift by the Roman Catholic Church.

Consultation Planned

During the rebuild of the community hall further consultation and engagement with the community will be undertaken to develop a functional design brief.

Council consideration of input

Council note the strong community sentiment to rebuild the Kiah hall.

Financial and resource considerations

The Kiah hall was insured under Council’s building insurance policy and an insurance payout figure has been received as follows:

·    Kiah Hall building $620,000 contents $15,000

The overall budget for the rebuild of Kiah hall is yet to be set and will depend upon the outcome of the development of the functional design brief during the community consultation phase of the project.

The current funding available is $620,000 (exclusive of GST) and at this stage no further funding has been identified for the project.

No additional funding at this stage has been allocated to acquire the church land.

Funding source

 

Amount

Insurance Payout ‘Kiah Hall’

$

620,000

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 apply should the Roman Catholic Church agree to donate the land to Council.

Council’s solicitor will be engaged to facilitate the transfer of Lot 68 DP 750223 from the Roman Catholic Church.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

As part of the community recovery process post the bushfires rebuilding the Kiah hall is a key priority for the Kiah community and aligns with Community Strategic Plan.

Social / Cultural

The Community hall is a much loved and utilised community asset for many people living in the rural areas within the Bega Valley and plays a key role in community life for our smaller remote localities.

Attachments

Nil

 


Council 8 April 2020

Item 11.6

 

11.6. RFT 02/2020 & 03/2020 Pambula Squash Courts - Building Construction and Court Fitout     

This report details the outcomes of the evaluation of Tenders 02/20 Pambula Squash Courts - Building Construction and 03/20 Courts Pambula Squash Courts FITOUT.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with the tenderers that provided the best value for money, on the basis of the works as specified in RFT 02/2020 Building Construction and 03/2020 Courts Fitout.

3.    That should the negotiations not be able to sufficiently reduce the cost to meet the allocated budget the three (3) squash courts complex is reduced to a two (2) squash court complex.

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

4.    That the other tenderers be advised of Council’s decision.

Executive Summary

Following Council resolution to proceed with the Pambula Squash Courts and Approval of revised DA 2020/341, tenders were called in late January 2020 for two separate packages, Building Construction and (specialist) Courts Fitout, both closing 11 March 2020.

Four (4) substantially conforming Tenders for RFT 02/2020 Building Construction and Nil (0) conforming Tenders for 03/2020 (specialist) Courts Fitout were received and all in excess of the current budget.

Background

In 2010 Council resolved to divest 105-107 Main Street, Merimbula which housed the squash courts, with the sale resulting in the potential loss of the current squash courts the home of the Merimbula Squash Club should the site be redeveloped in the future.

Through efforts of various community groups, a design was progressed by Ritchie McNeil Design for a three (3) squash courts complex at Sapphire Aquatic Centre (SAC) and completed in 2012 with a development application lodged and subsequently approved DA 2012-438 on the 27 February 2013.

At the meeting of the 26 March 2014 Council resolved to:

That Council Construct multipurpose courts at the Pambula Sporting Complex at an estimated cost of $510,000.

The following meeting on the 16 April 2014 council resolved to rescind the previous motion and resolved the following:

That Council consider construction of sporting facilities, including squash courts at Pambula, after receiving a report on the Pambula Sporting Complex Masterplan (including an asset management plan) in the terms of Council resolution 146/12 of 1 May 2012. 

The Merimbula Squash club amended the design in March 2015 to reduce the building size from three (3) courts to two (2) courts with the option for to add a third court in the future with external amenities building to serve the existing gym facilities.

A section 96 application was submitted with the intention to modify the existing DA and was subsequently withdrawn pending the outcomes of a master planning project for Pambula Sporting Complex in accordance with the Council resolution for the preparation of the Pambula Sporting Complex Masterplan.

The Pambula Sporting Complex Masterplan by Ross Planning was adopted by Council on the 8 June 2016 meeting.

The Masterplan did not include a Squash Court component and provided the following rationale for its omission as detailed below:

Extract: Pambula Sporting Complex Master Plan (V4 19/09/2018) – Page 10.

At the Council meeting of the 20 September 2017 Council resolved the following:

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

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

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

The consent for DA 2012.438 lapsed on the 27 February 2018 therefore requiring a new development application to be submitted.

A further report was prepared for Council, regarding the Pambula Sporting Complex - Squash Court and Multi Use Space for the 19 September 2018 meeting and Council resolved on the following:

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

The sale of the 105-107 Main Street, Merimbula to ALDI Foods Pty Ltd was completed in September 2018; which enabled funding to become available for the squash courts in accordance with Council resolution made on 20 September 2017.

Funding of $850,000.00 was allocated from the proceeds of the sale for the delivery of squash courts/multipurpose facility at Sapphire Aquatic Centre in the 2019/20 Budget.

During the most recent round of Federal Building Better Regions funding, the federal Government committed to making funding available specifically for drought effected communities including Bega Valley Shire. The squash courts project was included as part of a broader submission by Council to the funding program. As yet, there has been no notification of the outcome of that round of funding. There is a risk that should Council progress further with the project the opportunity to utilise grant funding will be lost.

As the previous DA 2012.438 had lapsed in 2018 a new DA application was required. A review of the design was carried out to deliver a multipurpose building/three court facility. The design was upgraded during 2019 and a new DA submitted in October 2019 and subsequently approved in January 2020 as attached.

Tenders were called in February 2020 and closed on 11 March 2020.

Options

The options available to Council are:

1.    Accept the current tendered price for the build and fitout and allocate further funding to meet the current shortfall.

2.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

3.    As option two (2) but reduce the three (3) squash courts complex to a two (2) squash court complex.

4.    Not proceed with the construction of the squash court complex and reallocate funds to other existing Council.

5.    Await the outcome of the Federal Building Better Regions Fund grant application before progressing further with the project

Community Engagement

Consultation undertaken

Community consultation has taken place and continues with involvement of the Presidents of both local Squash Clubs in Merimbula and Bega providing feedback and technical liaison with Squash Australia.

Merimbula Squash Club was advised 16th April 2019 that Council had endorsed the draft 2019/20 budget which included an amount of $850k for Pambula Squash Courts.

Consultation Planned

During the construction phase further community consultation will be undertaken advising of any impacts to the ongoing operations of the Sapphire Aquatic Centre during the construction phase.

Council consideration of input

Council should note the extensive lobbying by the Merimbula Squash Club to establish the new facility at Pambula.

Financial and resource considerations

The project funding is sourced from the sale of the 105-107 Main Street, Merimbula completed September 2018.

In accordance with Council resolution made on 20 September 2017 funding of $850,000.00 has been allocated in the 2019/20 Budget.

As outlined above in this report, a Federal funding application is also pending for this project.

The ongoing cost for the upkeep and operation of the new squash court facility will need to be incorporated into ongoing operational budgets.

Funding source

 

Amount

CAPEX 19-20

$

850,000

Legal /Policy

Tenders have been conducted in accord with BVSC policy and LG Act 2013

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

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

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

Environmental / Sustainability

The Site of the proposed Squash Courts is located within the 16ha Pambula Community Sporting Complex Lot 449 DP 720916 and is adjacent to the Aquatic Centre, Gymnasium and parking area.

The site is suitably zoned 1(a) General Rural Zone

The building has been designed to the relevant codes and standards.

Economic

The project will result in the introduction of an additional asset on the site which will need to be budgeted for in regards to ongoing operational and maintenance costs.

Risk

While excluding removable wall/s may seem an option to reduce costs this measure would significantly reduce usability of the space for other users. In effect the project would primary deliver a squash facility with other uses limited by the size of fix walled squash courts.

This would result in lower use of the space and would conflict with the 19 September 2018 council resolution to ‘identify provision of Squash Courts/Multi-use space at Sapphire Aquatic Centre. It would also see these potential users looking for facilities to meet their needs to be included in other projects (i.e. examples being usable space for Table Tennis and group fitness classes). The risk in this is that the facility will not see the broad utilisation and community use that should be expected of a project of this value ($850k).

It is important to be aware that compared with other activities squash has low participation rates. There are many local sports and sports clubs in the Bega Valley that have similar or higher participation rates that are in need of improved facilities. These are the reasons it is unusual for Local Councils to become involved in developing squash courts. The effective multi-use aspect of this project is an important element of it being well utilised facility delivering value to the broader community.

Social / Cultural

The squash court facility has the potential to provide social and health benefits for the region.

Attachments

1.            Confidential attachment to Council Report Pambula Squash Courts RFT 02/2020 Building Construction and RFT 03/2020 Courts Fitout (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

 

 

2.         ATTACHMENT - 2020.01.07 Pambula Squash Courts DA 2019.341

 


Council

8 April 2020

Item 11.6 - Attachment 2

ATTACHMENT - 2020.01.07 Pambula Squash Courts DA 2019.341

 

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Council 8 April 2020

Item 11.7

 

11.7. Eden, Twofold Bay and Towamba River Flood Study Final Findings       

The final report findings and recommendations of the Eden, Twofold Bay and Towamba River Flood Study are now being presented for Council’s endorsement.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council endorse the findings and recommendations of the Eden, Twofold Bay and Towamba River Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning.

2.    That a copy of the final endorsed Eden, Twofold Bay and Towamba River Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information.

Executive Summary

The finalised Eden, Twofold Bay and Towamba River Flood Study will form the best available flood information for the Eden, Twofold Bay and Towamba River catchments when endorsed.  It will form the key technical document for the basis of any subsequent floodplain risk management study and plan.  The endorsed flood study will provide Council a strategic advantage for any future application to the Department of Planning, Industry and Environment’s Floodplain Management Grant Programme.  The finalised flood study findings will allow for improved emergency response, land-use and asset planning.

Background

Council engaged consulting firm Rhelm to undertake a flood study for the Eden, Twofold Bay and Towamba River catchments. The study was undertaken to update current flood mapping following flood events during 2010, 2011 and 2012, with the assistance of a grant from the then Office of Environment and Heritage (now Department of Planning, Industry and Environment) to improve floodplain risk management outcomes and emergency response planning.

The flood study forms an initial stage towards development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual, the management of flood liable land, April 2005.

Council has taken the initiative to carry out the flood study to assist with planning for and managing the risk the community faces from flooding.

The Department of Planning, Industry and Environment (DPIE) supported Council by providing technical assistance and administering grant funding from the Minister for Police and Emergency Services for the project.

The final flood study report has now been completed and is ready for Council’s consideration and endorsement. This study report will provide the technical basis required for the development of any subsequent future Floodplain Risk Management Study (FRMS) and Plan (FRMP).

Options

The options before Council are to:

1.    Endorse the findings and recommendations of the final Eden, Twofold Bay and Towamba River Study as interim measures and the best available flood information until such time a Floodplain Risk Management Plan for the catchment can be put in place

There are no impediments to this approach and the recommendations align with the current wording and intent of clause 6.3 (5) of Council’s current LEP

2.    To wait until such time that a Floodplain Risk Management Plan is in place and the true flood hazard is determined before defining the flood planning level for the Eden, Twofold Bay and Towamba River catchments.

This approach is least preferable as the flood study contains the best available information on which decisions can be made in the interim.

Community Engagement

Community consultation regarding flood study outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Consultation undertaken

Community engagement occurred through a variety of communication channels including media releases, radio interviews, a project website, written correspondence, telephone inquiries, onsite visits with residents, project meetings, technical sub-committee meetings and floodplain risk focus group meetings.

Consultation with local residents within the catchments was completed using a community flood questionnaire during November-December 2017. Consultation of relevant State agency stakeholders also occurred during the initial consultation period. Further, consultation was completed throughout the project within the Bega Valley Shire Floodplain Risk Management Focus Group of which the community, State agency and Council are represented.

Public exhibition of the draft flood study occurred for four weeks during the period 22 November – 20 December 2019. To promote the exhibition of the draft report, letters with a community questionnaire were sent out to 476 landowners within the identified study areas and a media release prepared.  Community engagement was also carried out using Social Media and 45 reactions were received to the posting of the public exhibition event.  The community feedback was used to understand and validate flood behaviour within the two catchments and finalise any findings.

Two drop-in sessions with Council’s consultant and staff were arranged during the public exhibition period where 27 residents attended to raise issues and questions. Both sessions were held after normal business hours to encourage higher participation rates.  During the public exhibition period, four formal written submissions were received and two telephone inquiries.  All proponents were advised by written correspondence that their submission was considered in the finalisation of the study findings.

Council consideration of input

Councils consideration of the final study findings and the submissions summary are the subject of the report.

Financial and resource considerations

The flood study project was partially subsidised by a floodplain risk management programme grant of $134,259.54 from the Minister for Police and Emergency Services and administered by the NSW Office of Environment and Heritage. Floodplain risk management grants are subsidised at a rate of two government dollars per Council dollar.  Council’s co-contribution was funded from Stormwater Operating Expenses.

Funding source

 

Amount

Stormwater operating expenses

$

67,129.77

Staff and financial resources have already been expended on delivering the Eden, Twofold Bay and Towamba River Flood Study project which will be completed within the allocated project budget. Other resources required were meeting room facilities whenever any Focus Groups and/or technical sub-committees were convened during the process of completing the flood study project.

Council’s current funding agreement term expired 1st March 2020 and a grant variation for time will be required to complete the project prior to 31st May 2020.  Should Council choose to defer the endorsement of the report beyond this date, it will be in breach of the funding agreement terms and will be liable to repay monies to the Department of Planning, Industry and Environment (DPIE) in excess of DPIE’s liabilities at that date.

Legal /Policy

The NSW Floodplain Development Manual April 2005 has been prepared in accordance with the NSW Government’s Flood Prone Land policy.  It guides Councils in the development and implementation of detailed local Floodplain Risk Management Plans to produce robust and effective floodplain risk management outcomes.  The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce public and private losses resulting from floods, utilising ecologically positive methods wherever possible.  To achieve its primary objective, the policy provides for financial support and technical assistance from the NSW Government; emergency management and flood recovery programmes and the protection of Council’s, Government agencies and their staff against claim for damages resulting from their issuing advice or granting approvals on floodplains, providing such action was taken in accordance with the principles and guidelines in the Manual.

The Manual applies to floodplains across NSW, in both urban and rural areas.

The NSW government policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans.  Such plans inform planning controls such as Council’s adopted Bega Valley Local Environmental Plan (LEP) 2013 and the Bega Valley Development Control Plan 2013 (DCP).

In accordance with Section 733 of the Local Government Act 1993, Councils receive indemnity against liability for floodplain risk management in urban and rural areas in NSW guided by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

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.

Accordingly, Council needs to ensure that is has regard to a Flood Study, FRMS and/or FRMP when it is preparing planning certificates and accurately identifies if land is within a flood planning area and/or is subject to planning and development controls on the planning certificates.

Locally, the NSW government policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans which inform Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013 in relation to flood related development controls.

The endorsed FRMS and FRMP will ultimately provide Council with a contemporary Flood Study prepared in accordance with the NSW Floodplain Development Manual April 2005 enabling statutory protections in accordance with Section 733 of the NSW Local Government Act 1993.

The final flood study report findings and recommendations will provide the technical basis required for the development of any subsequent Floodplain Risk Management Study (FRMS) and Plan (FRMP) for the identified catchments. Part of the typical outcomes of a FRMS and FRMP are a review of and recommendations for a range of flood and response modification measures which will reduce flood risk. Some of the typical property modification measures arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls.

The final mix of floodplain risk management measures are developed with the assistance of community consultation at these subsequent stages.  These outputs are then incorporated into Council’s Environmental Planning Instruments such as Council’s adopted Bega Valley Local Environmental Plan 2013 (LEP) and the Bega Valley Development Control Plan 2013 (DCP) at a later date.

Councils issue planning certificates under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that then apply to the subject land.  If changes to existing, relevant, flood related planning controls, flood related development controls or flood prone land policies do arise from the FRMS and FRMP, the relevant wording for flood related clauses need to be reflected in the Section 10.7(2) and 10.7(5) planning certificates.

A number of properties that do not have these flood related planning and development controls currently exist. This may occur because they are not actually flood prone according the definitions of the NSW government’s Flood Prone Land policy or no detailed flood mapping has been undertaken in those areas.  As a result of the finalised flood study findings, detailed flood mapping for the select study areas may then eventually lead to a number of these properties having flood related planning and development controls applied or a notation applied to the Section 10.7(2) and 10.7(5) certificate (previously section 149(2) and section 149(5) certificates).  This may occur following the flood study or after the completion of a FRMS and FRMP.

Planning certificates contain information as to how a property can be used and what planning controls and policies apply to land that may restrict development.  The fact that land is within a flood planning area and any changes to existing flood related planning controls, flood related development controls or flood prone land policies which arise from the FRMS and FRMP will need to be reflected on those certificates.

Clause 6.3 of the LEP applies to land ‘below the flood planning level’ and restricts development of that land unless Council is satisfied of certain matters. Clause 6.3(5) provides:

In this clause, flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.’

Council has no flood mapping as part of its LEP.  Also, the LEP does not contain a clause stating a specific height or source such as a Flood Study or FRMP for the flood planning level at any given location such as the Eden, Twofold Bay and Towamba River catchments.   Therefore, the definition of the 1:100 ARI, or in current nomenclature, 1% Annual Exceedance Probability (AEP), for the Eden, Twofold Bay and Towamba River catchments would now be determined from the 1% AEP event from the flood study findings.  In the interim, the 1% AEP event from the flood study would inform the flood planning level as per clause 6.3 of the LEP until a FRMP was put in place.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed flood study report forms a key technical input document for the completion of a future floodplain risk management study and plan. The completed flood study allows Council to identify the existing flood risk, hydraulic and provisional hazard categories within the Eden, Twofold Bay and Towamba River catchments. The future floodplain risk management study and plan will quantify options to manage the identified flood risks and true hazards within the flood study report. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address any existing, future and continuing flood risk.

Council’s endorsement of the final study report findings and recommendations partially completes the operational plan item Identify and complete floodplain risk management projects for Outcome 5 Connected Communities, Goal 10 We have a network of good quality roads, footpaths and cycle ways connecting communities through the Shire and beyond.

Environmental / Sustainability

Environmental concerns such as climate change, including sea level rise, have been addressed in the final flood study report, in accordance with current NSW government guidelines and requirements for flood study projects. Other environmental concerns are usually addressed in a subsequent flood risk management study and plan following community consultation at a subsequent time.

Economic

Any future floodplain risk management study and plan is a multi-disciplinary process that balances a number of differing factors to generate recommendations for an appropriate mix of management measures to deal with the different types of flood risk. Some typical factors considered during the management study are the flood behaviour, danger and damage, community costs of flooding, future land-use, a comprehensive range of flood risk management measures, environmental needs of the river and floodplains and environmental and cultural impacts of management measures. Cost-benefit ratios of differing identified risk mitigation options from community consultation are developed during a subsequent floodplain risk management study for inclusion in a floodplain management plan for the catchment. The identified floodplain risk management strategies are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community. These options are developed from the information contained within the flood study report.

Risk

The finalised flood study allows Council to quantify the existing flood risk within the Eden, Twofold Bay and Towamba River catchments.  The information will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy.

The completed flood study identifies the hydraulic categories (floodway, flood storage or flood fringe) and the provisional hazard categories (high hazard or low hazard) for flood prone land within these two catchments.

The information will be useful to emergency response agencies for planning evacuation and logistics.  The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain.  However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices. Therefore, development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

The final flood study findings will form the basis of a future floodplain risk management study and plan that incorporates the management of social, cultural and economic impacts.

Links to Eden, Twofold Bay and Towamba river flood study reports: https://begavalley.nsw.gov.au/page.asp?f=RES-HPU-01-75-56

 

Maps 1-55 https://begavalley.nsw.gov.au/page.asp?f=RES-MHJ-23-07-78

Maps 55-112 https://begavalley.nsw.gov.au/page.asp?f=RES-EVT-60-54-35

Maps 113-166 https://begavalley.nsw.gov.au/page.asp?f=RES-HMI-51-45-26

 

Attachments

1.         ATTACHMENT - Submissions report summary for Eden, Twofold Bay and Towamba River Flood Study final findings

 


Council

8 April 2020

Item 11.7 - Attachment 1

ATTACHMENT - Submissions report summary for Eden, Twofold Bay and Towamba River Flood Study final findings

 

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Council 8 April 2020

Item 11.8

 

11.8. Merimbula Airport - Support for Regional Express during COVID-19 Pandemic     

This report recommends that Council provide support to Regional Airlines through the reduction of passenger landing fees by 70% for Merimbula Airport during the COVID -19 pandemic for a period of 6 months and undertake a review a further review at the end of the 6-month period.

Director Assets and Operations  

Officer’s Recommendation

That Council provide support to Regional Airlines through the reduction of passenger landing fees by 70% for Merimbula Airport during the COVID -19 pandemic for a period of six months and undertake a review a further review at the end of the six-month period.

Executive Summary

This report recommends that Council provide support to Regional Airlines who provide daily services to both Melbourne and Sydney from Merimbula Airport by waiving the passenger landing fee as detailed in BVSC Fees and Charges for a period of 6 months and undertake a review a further review at the end of the six-month period.

Background

The COVID-19 pandemic has had wide reaching impacts across the country and has impacted upon the Airline Industry including Regional Express Holdings (REX) who provide regular Passenger travel (RPT) services daily to both Sydney and Melbourne from Merimbula Airport.

REX has written an open letter to the Deputy Prime Minister on the impact of the COVID-19 Pandemic on Regional Aviation and Regional Communities noting that;

If Rex, with all its strengths, were to collapse, probably following the collapse of all other independent regional carriers, and maybe even a domestic carrier, there will be utter chaos and mayhem on many regional and rural communities that depend on regional air services to be their socio-economic lifeline.

This was followed up with letters to all State Governments requesting for urgent relief and assistance measures to give the regional carriers a fighting chance of seeing through the current crisis.

REX has also reached out to local councils (airport owners) to seek a reduction in airport charges to keep operating costs to a bare minimum so that the reduced services can be sustainable a copy of this letter is appended to the Council report.

Options

The options available to Council are:

1.    Waive passenger landing fees for passenger landing fees for Merimbula Airport during the COVID -19 pandemic for a period of six months and undertake a review a further review at the end of the six-month period.

2.    Reduce passenger landing fees by 70% for passenger landing fees for Merimbula Airport during the COVID -19 pandemic for a period of 6 months and undertake a review a further review at the end of the six-month period.

3.    Continue to levy the passenger landing fees as detailed in BVSC Fees and Charges.

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

Financial and resource considerations

The waiving of passenger landing fees and/or reduction of the fees for a period of six months will impact on the budgeting for the management and operation of the Merimbula Airport for the 2019/20 and 2020/21 years.

However, losing the RPT service would have far more long terms financial implications to the Merimbula Airport as the income derived from the landing fees is proportional to its usage.

Legal /Policy

Under the Local Government Act 1993 the Council determines fees and charges for a range of services including Airport fees and Charges.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Airport is a critical element of Council’s transport strategic direction and its management and the provision of RPT services into the future will be critical to ensure the best outcomes for the community.

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, several other key sectors have developed, in particular tourism and remote area employment.

 There is growing momentum for projects linking air freight from the area. The Airport, as part of the regional/national transport network, provides access to business markets and thereby significant support to the local economy and at the same time airport operations generate a direct economic benefit.

Risk

Losing the RPT services to the Merimbula Airport could and would have far ranging impacts across the shire from an overall an overall integrated transport network, which links the Bega Valley with capital cities

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are seen as a vital component of an overall integrated transport network, which links the Bega Valley with capital cities. The Airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment and business.

Attachments

1.         Open Letter to Deputy Prime Minister - update on Merimbula airport coronavirus COVID-19 Regional Express media release

2.         Regional Express - Merimbula airport landing fee fees COVID-19 coronavirus

 


Council

8 April 2020

Item 11.8 - Attachment 1

Open Letter to Deputy Prime Minister - update on Merimbula airport coronavirus COVID-19 Regional Express media release

 

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Council

8 April 2020

Item 11.8 - Attachment 2

Regional Express - Merimbula airport landing fee fees COVID-19 coronavirus

 

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Council 8 April 2020

Item 11.9

 

11.9. Apex Park, Bermagui - Public Amenities Upgrade, Concept Design     

This report has been prepared to inform Council of proposed upgrades to the public amenities building at Apex Park, Bermagui.

Council staff have consulted with the Community Advisory Group regarding this proposed upgrade.  Their feedback is provided in this report.

 

Director Assets and Operations  

Officer’s Recommendation

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

2.  That Council endorse the final concept design for the existing public amenities at Apex Park, Bermagui.

3.  That Council delegate authority to the General Manager, if required, to endorse amendments to the design to fit within the project budget.

 

Executive Summary

To enable the upgrade of the Apex Park, Bermagui playspace to be regarded as all-inclusive, the public amenities located within this parkland area are required to be upgraded so that they accommodate both ambulant and accessible toilet facilities.

Currently, these amenities are neither and the concept design presented in this report accommodates this upgrade.

Council staff consulted with the Community Advisory Group (CAG) to gain their feedback on the concept designs presented.  Two concepts were presented to the CAG with their unanimous support being for Concept 1 which is attached to this report.

Background

The planned upgrade to the Apex Park, Bermagui All-inclusive playspace is being undertaken in accordance with the NSW Government’s Everyone Can Play guidelines.  The three main principles of these guidelines are “Can I get there? Can I play? Can I stay?”.  The concept design for the Apex Park, Bermagui All-Inclusive playspace was resolved by Council on the 20 November 2019.

To enable visitors to Apex Park, Bermagui to stay and enjoy the proposed park and playspace upgrades, it is incumbent on Council to upgrade the public amenity facilities within this parkland to enable these facilities to accommodate both ambulant and all-accessible toilet facilities. 

It is important to note that the designer engaged to provide this final concept design is the same designer used to design the Bruce Steer Pool amenities upgrade to assist in implementing consistency of design and aesthetic so that facilities appear and function in a similar way. 

 

 

Options

·    Council endorse the attached final concept design enabling the project to progress to detailed design and construction tendering.

·    Council not endorse the final concept design noting that this will impact on the project program and project delivery.

Community Engagement

Consultation undertaken

BVSC staff consulted with the Community Advisory Group (CAG) to gain their feedback on the design. 

Two options, both retaining the existing structure, were presented to the CAG and the unanimous decision regarding the outcome of this consultation was for Concept 1.  Evidence of this consultation is provided in this report.

No further consultation beyond the CAG was deemed necessary.

Consultation Planned

No further consultation is planned other than with the CAG and/or with the appointed Landscape Architect designing the all-inclusive playspace to ensure that the proposed concept design is factored into the overarching landscape design.

Financial and resource considerations

The Apex Park, Bermagui playspace upgrade is majority funded by the NSW Government under Round 2 of the Stronger Country Communities Fund.

Two elements of the parkland upgrade are not covered under the Stronger Country Communities Fund, being the upgrade to the existing public amenities and constructing the shared pathway around the perimeter of Apex Park.

Public amenities

The funding for the design and upgrade of these toilets will come from the FY19/20 Public Amenities capital renewal budget or from proceeding FY budgets. It is estimated that design and upgrade works will be in the realm of $75k.

Legal /Policy

Apex Park, Bermagui is a Council managed Crown site (BVSC Managed Crown Reserve # 83225- BFR - Apex Park / Campbells Cove)

It is zoned RE1 Public Recreation under Council’s Local Environment Plan 2013 (CLEP 2013).

Planning approvals regarding development of recreation facilities are often addressed under Division 12, Parks and other Public Reserves of State Environmental Planning Policy (Infrastructure) (ISEPP 2007). The upgrade of the public amenities is regarded as development permitted without consent under Clause 65 (3)(a)(vi) of ISEPP 2007.

Council is currently managing Native Title and Aboriginal Land Claim matters and approvals. There is no proposed change to the use and purpose of the site as it is merely upgrading existing facilities. It is envisaged that these will not cause a risk to the delivery of the project.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

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

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

2018/19 Operational Plan

The project to deliver the funded All-Inclusive playspace is included in the adopted 2019/20 operational plan. It is included on the ‘Playground Projects’ map within the 2019/20 Operational Plan.

The 2019/20 Operational Plan states that we will “deliver successful 2019 – 2020 grant projects for sporting facilities, coastal accessibility, playground and boating infrastructure”.

Asset Management

Council has an adopted Recreation Asset Management Plan 2017. This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. Developing an inclusive playspace at Bermagui is included in the 2019/20 operational plan.

There is an existing asset on the site. While it is serviceable it is showing its age and is becoming due for renewal. It does not include accessible or ambulant facilities. The current toilet block will not meet service levels that should be provided next to an all abilities playspace. This was identified when determining Apex park as the location for the playspace. The works will be a renewal and upgrade of the existing asset to cater to changed use of the site.

Environmental / Sustainability

Council will augment their existing sewer infrastructure to include the additional unisex accessible toilet.  This is expected not to have a detrimental impact on the environment.

Economic

The development of an all-inclusive playspace in Bermagui will benefit local businesses.  Upgrading of the public amenities

The project links directly to the ‘accessible and inclusive tourism markets’ and will be a welcome addition to Bermagui’s wonderful recreational opportunities.

Risk

The key project risk for Council relates to delivering the project within the project time frame and within budget.  This is considered to be a low risk.

Social / Cultural

As the upgrade to the parkland and playspace is being undertaken to be all-inclusive, providing public amenities that are also all-inclusive is an important step for social inclusiveness.

Attachments

1.         R1977 BVSC APEX PARK AMENITIES ISSUE 06.03.20-compressed_Final Concept Design

2.         R1977 BVSC APEX PARK AMENITIES CONCEPT ISSUE 24.01.20 V2B_rfs_Options

3.         FW_ Re_ Apex Park, Bermagui - Public amenities upgrade - draft concept designs_CAG Feedback

 


Council

8 April 2020

Item 11.9 - Attachment 1

R1977 BVSC APEX PARK AMENITIES ISSUE 06.03.20-compressed_Final Concept Design

 

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Council

8 April 2020

Item 11.9 - Attachment 2

R1977 BVSC APEX PARK AMENITIES CONCEPT ISSUE 24.01.20 V2B_rfs_Options

 

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Council

8 April 2020

Item 11.9 - Attachment 3

FW_ Re_ Apex Park, Bermagui - Public amenities upgrade - draft concept designs_CAG Feedback

 

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Council

8 April 2020

 

Staff Reports –  Governance And Strategy

 

8 April 2020

  

12.1            Updates to Operational Plan 2019-20.............................................................. 244

12.2            Funding and financial considerations for response, recovery and rebuilding.. 250

12.3            Update Council Pandemic Critical Incident Plan............................................... 256

12.4            Council Meetings and social distancing requirements COVID-19 Virus........... 270


Council 8 April 2020

Item 12.1

 

12.1. Updates to Operational Plan 2019-20     

As a result of the 2020 Bega Valley Bushfires Council has had to refocus aspects of its operation on rebuilding and recovery and consequently there are activities that will be delayed in the current 2019-20 Operational Plan.

General Manager  

Officer’s Recommendation

1.            Council note the impact of the 2020 Bega Valley Bushfire on the delivery of several activities in the 2019-20 Operational Plan.

Executive Summary

Throughout the emergency response and ongoing recovery with the 2020 Bega Valley Bushfires and flooding in February 2020, Council staff have consistently stepped beyond their regular duties to provide the support our community needs. This has been evident in the resourcing provided to support the Emergency Operation Centre (EOC), the several evacuation centres, the ongoing Recovery Centres and outreach services and the continued efforts by our works and water teams to assist in ensuring water supply, roads and other community infrastructure is accessible and functional.

This significant effort in response and recovery has impacted Councils resourcing and staff capacity to achieve some of the activities outlined in the 2019-20 Operational Plan. Additional resourcing where funded is currently being recruited, however there will be some Operational Plan activities and ongoing ‘business as usual’ services that will be impacted.

At the time of drafting this report the social and economic impact of COVID-19 was evolving. The immediate and longer-term impacts to Council and the Bega Valley community of this global pandemic is known and it is anticipated that should the situation continue to escalate that Council and its capacity to deliver upon the Operational Plan and bushfire recovery efforts will be in some way be impacted.

 

Background

As at 31 December 2019, 90% of the 2019-20 Operational Plan activities were completed or were on track to be delivered by 30 June 2020. Ten percent (10%) of activities were identified as off track. An Operational Plan Summary Report was provided to Council in February 2020.

On 19 February Council resolved to:

1.    Note the progress on the 2019-2020 Operational Plan from 1 July 2019 to 30 December 2019 and place Attachment 1 on Council’s website.

2.    Receive a report at the 8 April 2020 Council meeting outlining the activities that have been deferred or modified in the 2019-2020 Operational Plan for the period 1 January 2020 – 30 June 2020 in order to respond to the 2020 Bega Valley Bushfire rebuilding and recovery

 

The Bega Valley has been profoundly affected by bushfires throughout January followed by floods in February 2020. Council staff from across the organisation moved immediately to support the emergency response in the EOC, which operated on a 24hr basis for many days. Staff from across the organisation also supported the operation of the various evacuation centres across the shire, management of donations and since early January and on an ongoing basis continue to provide support in the Recovery Centre and outreach services. In addition, many of our outdoor staff have been committed away from their usual roles to assist with supporting in clearing and repair of roads to provide much needed access to members of our community, along with the provision of water, waste services and other community infrastructure.

These extensive natural disasters have affected Council’s capacity to deliver on 2019-20 Operational Plan activities in the 1 January- 30 June 2020 period. Staff have reviewed the existing activities outlined in the Operational Plan and the current requirements for bushfire rebuilding and recovery and outlined which of the activities in the Operational Plan will be delayed.

Majority of the activities that have been delayed will be captured in the draft 2020-21 Operational Plan to ensure the work is progressing or delivered in the following year. The intention is to place the draft 2020-21 Operational Plan on exhibition in May. 

Across the 3 directorates the following 2019-20 Operational Plan activities have been outlined as delayed with a staff comment provided as to the reason for the delay.

 

Assets and Operations

Delayed:

ACTIVITY

STAFF COMMENT

Develop and implement a Natural Areas Management Program identifying key issues, opportunities and treatments

Capacity to complete task reduced given workload with bushfire recovery

Conduct a BVSC Recreation Needs and Asset Improvements Strategy

Resourcing required to complete activity not available and the recent focus has been on project delivery

Update the authority systems asset register and the valuation of and condition of leisure and recreation assets

Activity delayed as resourcing impacts on finance team with bushfire recovery of capacity to undertake Authority updates

Identify and implement priority vegetation protection and rehabilitation and restoration projects in public area

Project delayed as it is connected to Natural Areas Management Program (above)

Rehabilitate and stabilise the old Tathra landfill site

Project is delayed with existing resources focused on bushfire recovery

Develop and review business case for Materials Recovery Facility

Project is delayed with existing resources focused on bushfire recovery

Identify the barriers to food donation (from supermarkets, clubs etc) to organisations, for distribution to those most in need

Project is delayed with existing resources focused on bushfire recovery

Complete Integrated Water Cycle Management Strategy checklist topics 4-14

Project is delayed as change in customer requirements

Complete Environmental Impact Study and concept design for Merimbula Deep Water Ocean Outfall and Sewage Treatment Plant upgrade

Project is delayed with existing resources focused on bushfire recovery

Complete concept design, construction and commissioning of Bermagui Sewage Treatment Plant upgrades

Works delayed given project manager (Public Works) and external consultants reprioritising focus to support delivery of a solution for water provision in north of the shire- Brogo-Bermagui WTP

Complete detailed design for Bega Sewage Treatment Plant improvements and obtain Section 60 approval from NSW Department of Industry – Water

Delayed as above

Commence investigations and options assessment for solar arrays and energy efficiencies to reduce fossil fuel power usage and greenhouse gas emissions

Delayed with resources to complete this project focused on bushfire recovery

Merimbula Traffic Study

Delayed with resources to complete this project focused on bushfire recovery

Investigate and develop concept for direct to vehicle car parking management using smart technology

Delayed with resources to complete this project focused on bushfire recovery

Develop comprehensive operational service level agreements for all Directorate areas

Delayed with resources to complete this project focused on bushfire recovery

Finalise the Cemetery Mapping Project

Delayed with resources to complete this project focused on bushfire recovery

 

 

Community Environment and Planning

Delayed:

ACTIVITY

STAFF COMMENT

Implement key actions from Climate Change Strategy and 100% Renewables Strategy

Elements of this work delayed with resources to complete the work focused on bushfire recovery. Progress is still being made with staff currently reviewing the submissions to the Climate Resilience Strategy and consulting with agencies responsible for implementation with the view to adoption by end of financial year. Staff are also reviewing all Council energy consuming assets with a view to undertake training in using Azility platform to achieve energy efficiencies.

Commence Biodiversity Assessment of Council owned and managed lands and develop biodiversity framework for Council

Delayed with resources to complete this project focused on bushfire recovery

Conduct environmental audits of Council operations

Delayed with resources to complete this project focused on bushfire recovery

Investigate legacy issues around former Bega gas works site (Awaiting EPA Advice)

Delayed given Council is awaiting advice from EPA

Upgrade building inspection software and hardware to meet Building Professionals Board reporting requirements

Delayed with IT resourcing unable to provide support

Launch and promote the Development Hub for development enquiries

Activity delayed with priority focus for this team being provision of timely and accurate planning advice and processing of Development Applications

Review Council style guide to ensure consistency in branding and best practice in language

Delayed given priority focus on bushfire recovery communications

 

 

Business and Governance

Delayed:

ACTIVITY

STAFF COMMENT

Enhance Council’s procure-to-pay process to processing times for invoices and purchases and reduce paper

Delayed with resources to complete this project focused on bushfire recovery

Develop and implement the Civic Centre and Learning Centre Business Plans

Capacity to develop these plans compromised by current bushfire activities in the Economic Development team

Establish webpage and social media platforms to promote the Regional Learning Centre

Communications team capacity is limited with current focus on bushfire recovery related communications

Coordinate the second Organisation Culture Index Review

Project delayed given workload in onboarding additional resources to support bushfire recovery along with workload in managing EOC and Recovery Centre staffing

Establish eForms for GIPA/PPIP related enquiries

Project is delayed as broader IT systems improvement reviews are undertaken

 

As part of the staff review of the 2019-20 Operational Plan in preparing this report a modification has been suggested:

-  5.10.4.1- Maintain and renew bridges emphasising the use of reclaimed timber from replaced bridges for the existing timber bridge network - suggest modification to reflect appropriate material to be used for renewal and replacement and not timber given significant fire damage to timber bridges.

It is also recommended that the following new activities be captured and reported against in the 2019/20 Operational Plan Report and carried over into the draft 2020/21 Operational Plan.

-  Community, Environment and Planning Coordination- Support Bega Valley bushfire recovery activities across planning, environment, communications and community engagement functional areas.

- Business and Governance Coordination- Support Bega Valley bushfire recovery activities across information services, financial management and people and governance functional areas.

 

Community Engagement

The Revised 2017-2021 Delivery Program and 2019-20 Operational Plan were publicly exhibited from 10 April 2018 until 8 May 2019 and were subsequently adopted. A progress report for the first six months of the 2019-20 Operational Plan was provided to Council in February 2020. A Councillor workshop was held on 11 March providing Councillors an overview of the detail contained in this report.

 

Financial and resource considerations

From a financial perspective the impact to Council of the bushfire recovery and emerging COVID-19 on the delivery of the Operational Plan are not yet quantifiable. As Council seeks to respond to both situations the financial implications will be reported to Council.

From a resourcing perspective staff continue to take on additional responsibilities and work outside of our Operational Plan delivery and ‘business as usual’. Additional resources where funded and appropriate have been engaged to assist Council with the additional workload associated with bushfire recovery as outlined in a separate report to this Council meeting.

Some service areas across the organisation will see an increased workload or change in scope and service levels may be impacted dependent on available funding and resources. A range of the activities, where there has been, or we expect to see, an increased workload are as follows:

Community, Environment and Planning

-      Communications and events team in keeping the community updated on the emergency response and recovery efforts and ongoing community events

-      Development applications, certification and inspections for bushfire rebuilding and demolitions

-      Additional approval and monitoring required for on-site sewerage management systems that have been fire impacted

-      Greater engagement needed with stakeholders to improve awareness of environmental health responsibilities

-      Maintenance of Asset Protection Zones (APZ) and fire trails on natural areas under Council control

-      Case management support services and community engagement

-      Weed management

 

Assets and Operations

-      Waste management and ensuring Council facilities meet the increased need to fire waste removal

-      Water supply capital works for the north of the shire

-      Culvert management and replacement works within the unsealed road network

-      Gravel re-sheeting program with fire and flood impacts

-      Project management with rebuilding of Council recreation assets for those that have been fire impacted

 

Business and Governance

-      Economic development and procurement

-      Finance acquittals with the various grants and State Government funding opportunities including Section 44 recovery

-      Customer service

-      Risk management and insurance

 

Legal /Policy

Local Government Act 1993- Chapter 13

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2019-20 Operational Plan was developed to align with the adopted Community Strategic Plan, Delivery Program, Resourcing Strategy and Long-Term Financial Plan. Delays in delivery of the 2019-20 Operational Plan will have flow on effects. It is intended that where an activity has been delayed that it will be carried over to the draft 2020-21 Operational Plan so that the work can still be delivered within the current Councils 4-year Delivery Plan.

 

Attachments

Nil

 


Council 8 April 2020

Item 12.2

 

12.2. Funding and financial considerations for response, recovery and rebuilding     

Council must consider how it will allocate funding received and address unplanned expenditure relating to the Black Summer bushfires.

General Manager  

Officer’s Recommendation

That Council note the allocation of the Disaster Recovery Funding Arrangement Category C untied allocation of $1.3mThat a further report be presented to Council when the current negotiations relating to clean up, flood disaster allocations under DRFA, and s44 claimable items has been finalised outlining any additional capacity to allocate funding.

Executive Summary

At its meeting on 29 January, 2020 Council resolved:

2.    That Council support the creation of a short term, up to two year, project team to focus on     recovery and rebuilding and the engagement of a contract project team leader.

3.    That a report be presented to Council, in March, outlining all available funding opportunities and proposals for their allocation for resolution.

4.    That a report be provided to Council listing all Council projects that can be immediately put    out to tender or expressions of interest with an emphasis on creating local employment.

Two untied funding allocations have been made under the Disaster Recovery Funding Arrangements (DRFA) with a total of $1.3m available to support Council’s bushfire recovery. Due to the wide range of items requiring to be addressed and multiple funding streams announced, additional time has been needed to assess all funding needs.

Background

On 9 January, 2020 the Commonwealth Government advanced to the NSW Government, under the Disaster Recovery Funding Arrangements (DRFA) funding to be provided for initial and immediate support to Councils affected by the Summer bushfires. As a Council activated as Category C under the announcement, Bega Valley Shire Council was initially allocated $1m.  Further allocation of $300,000 was announced in mid-February. A program of works against these funds is required to be provided to the Office of Local Government by mid-April and a progress report in February 2021.  

Bega Valley Shire Council is one of the most impacted Shires in Australia with 465 houses lost 60% of the Shire burnt, 1,279 holdings burnt, 5,571kms of boundary fencing burnt, and considerable stock losses. Industry and business impacts have also been extensive across all sectors.

The second tranche of payments to LGAs were allocated according to a 5-tiered impact model developed by the Commonwealth Government’s external assurance partner, PwC.  When the apparent lack of an appropriate allocation to Bega Valley (which would have resulted in an additional $117,000) was raised with the National Bushfire Recovery Agency (NBRA) the following was provided to support the allocation.  “This took into account a range of available metrics at the time (24 Jan 2020).  The methodology equally weighted the five impact metrics to determine amounts, including: the population of the areas; the proportion of the population in receipt of Disaster Recovery payments; the proportion of the LGA burnt; the number of prior disaster events; and the Australian Bureau of Statistic’s Index of Relative Socio-economic Advantage and Disadvantage of the LGA area.”

The matter has been raised on several occasions and applications for consideration of additional funding are being prepared as the impacts from the fire extended for this area well beyond the 24 January.  

Funding items

At the meeting on 29 January Council considered immediate needs for allocation of this untied funding including items such as:

        - the temporary public toilets at Cobargo

        - purchase of portable washing machines and dryers to get out to communities in relief centres across the Shire (mobile laundry service)

        - immediate environmental works in Brogo catchment, at Wonboyn and some other critical sites

        - funds to cover gaps in supporting communities set up relief centres across the Shire

        - training and counselling support for Council staff impacted by and contributing to the response recovery

        - funding the gap between what State fund for recovery services and what Council is expected to provide.

It was also indicated there will be a need to fund gaps in our asset rebuild. The State funded clean-up is not funding clean-up of community facilities so our budgets have to cover this. We have Wandella and Kiah Halls insured but not at the level needed to “build back better” and do the site clean-up. Public toilets in Cobargo and Wonboyn are not covered by insurance and considerable recreation, cemetery and other “non-essential” infrastructure need to be considered.  Whilst gap funding will be recommended from this source, we are currently considering alternative sources of funding. At the last Canberra Region Joint Organisation Board meeting at Australian Parliament House in February, the head of the NBRA, Andrew Colvin, indicated that under Category D of the DRFA these expenses could and would be considered.

We also have gaps in how we will fund loss of income from the waivers Council has provided to support local people. Work is still being done to quantify this with our current option only to rescope budgets in the current year and works planned for next year. Whilst no allocation for funding against the $1.3m is recommended to offset these costs, the loss of income is an opportunity cost and it is expected that, for example, the loss in DA fees, if all homes lost proceed to rebuild, is in the order of $2m. The loss of income related to the waiver of lease fees for the six month period was agreed at $39,650.46.

We have unclaimable expenses against the s44 event. We had 156 staff committed to the EOC, providing administrative support to the RFS, and undertaking works. We are looking at how this can be minimised but it has real financial and opportunity costs to Council and our community. We are committed to rolling out our funded programs, engaging local contractors etc but this work needs to be resourced in addition to recovery and rebuild work.

We are endeavouring to hasten slowly and make the most out of the untied funding, leveraging this to utilise other funding sources where available for the best community outcome. A report to the meeting on 19 February 2020 covered the community and economic resilience funding - we will continue to look to get the best broad local bang for our buck from funding packages.

Disaster Declaration and Clean Up budget impacts

In relation to the disaster declarations and clean up the following issues were still unresolved at 1 April 2020.

i)     Clean-up post Section 44 Declaration –time critical

The Section 44 Declaration for the Eurobodalla and Bega Valley fires ended on 4 March 2020.

We have 100’s of km of fire affected roads to clean-up.

We have approached the Office of Emergency Management for an extension of time from the 21 days to 90 days to undertake clean-up of fire affected trees across our network noting that even this timeframe underestimates what is realistically needed.

The consequences of this decision are estimated to cost in the hundreds of thousands of dollars.

ii)    Section 44 response costs

During the fire event many contractors and Government agencies responded rapidly to assist with response to the fires. Unfortunately, the capacity of those resources was limited and Council was heavily relied upon to keep our community safe.

Our teams gave their heart and soul to assist the Rural Fire Service and other agencies defend our community. Many of our operational staff returned from annual leave to assist RFS and Forestry NSW teams undertake critical containment work. Time over, our teams would do this again to help the community.

We have been advised that the day labour component of this staff time will not be paid under the current Section 44 payment arrangements, except for overtime. This is despite some of this work being to prepare containment lines on Forestry NSW lands, and despite working side by side with other local contractors whose time will be paid.

Therefore, we will have no option but to reduce the services we can provide to our community. This is because the staff that were diverted to do emergency response works no longer have budgets available to deliver the services and projects they would have been doing had they not been responding to fires. It is the NSW Government’s expectation that our staff time on emergency response will be funded from operational budgets, leaving us in the position that we cannot deliver projects as planned due to our commitment to work with State and Federal agencies in response to the disastrous impacts of the summer fires.

iii)  Day labour costs – clean-up and repair work

Bega Valley has not opted into the new arrangements for Natural Disaster Relief payments as they disadvantage Councils like Bega (and our neighbouring Councils as well). For Bega to opt-in, we would need to pay an upfront component of 0.75% of our General Rate for each and every disaster, instead of $29,000 per year. We have already had two declared disasters this year. One for fire and one for flood.

The current status means that the Office of Emergency Management will not fund the cost of our day labour operational staff, except where they are backfilled or work overtime, unless Cabinet recognise the exceptional impact on communities from these firestorms.

Ironically, if Bega Valley were to contract a team from Eurobodalla Shire Council, or use a labour hire company, the costs would be paid.

The impacts of the consecutive disasters our community has experienced in recent months, preceded by major drought and now being followed by the Coronavirus pandemic is devastating. Our Council’s ability to provide the levels of service our community need are at a tipping point and we cannot realistically sustain our services based on the funding described above.

Options

Council can allocate the funding as outlined, noting that many items have already been committed or amend uncommitted items.

Financial and resource considerations

Current and expected funding to be allocated, including that proposed against the $1.3m is outlined in the table below.

AREA

DESCRIPTION

FUNDING EXPECTATION

INFRASTRUCTURE

·      Rental of public toilet block Cobargo

·      Potential gaps in rebuild for infrastructure still resolving with DRFA – NOTE an application will be lodged. This figure is not yet fully quantified as the network is still being assessed

$300,000

MAKE SAFE

·      The majority of this should be covered (see above) but an amount of this funding should be quarantined to ensure this work can be completed. It is suggested that it can be allocated later if this is not required

·      A proposal has been submitted to the RFS seeking approval for funding of these works which has not yet been confirmed

$500,000

RELIEF CAMPS

·      Power Wyndham

·      Purchase of equipment for portable laundry

·      Sewer Towamba

$70,000

RECOVERY CENTRE

·      Cover gap between OEM funding and costs

$100,000

ENVIRONMENTAL WORKS

·      A funding application for $1m has been lodged under the Bushfire Affected Coastal Waterways grant program for Coastal Councils impacted by the Summer fires to cover erosion and sediment control, opening Wonboyn Lake, replanting programs

Nil at this time until funding application in considered

SUPPORT & TRAINING FOR COUNCIL STAFF

·      Critical incident debrief sessions

·      Resilience training

·      Additional allocation to EAP for staff and councillors

·      Community engagement support and training for staff working in recovery

$100,000

COMMUNITY RECOVERY MEETINGS & COMMUNICATIONS

·      Engagement expenses

·      Ongoing communications such as radio, printed material etc

$50,000

BLAZE AID

·      Direct payment $5k per camp

·      Other costs will hopefully be recovered but are in the order of $50,000 per camp for each of three camps

 

$15,000

COUNCIL STAFFING FOR RECOVERY AND REBUILDING

·      Gap in staff costs for dedicated recovery role – funding is expected from the OEM following offer in January

·      2 Planning staff as required in addition to staff from Planning NSW & other Councils

·      WHS resourcing for new contracts

·      The actual costs are still being determined and any unutilised allocation will be able to be directed later.

$350,000

GAP BETWEEN DRFA/S44 & ACTUAL EXPENDITURE

·      Actual numbers to date are $2,993,600 of which $520,000 is not claimable. This predominantly relates to plant and outdoor staffing which needs to be returned to the budget for routine works to continue. It should be noted that this is the current situation and the work is still continuing. As an example of how fluid this is, staff have identified a number of bridges that were not on Council’s asset register and have been damaged.

$520,000

TOTAL  DRFA FUNDING & OEM

Not including income that will not be collected

$1,485,000

The request to the NBRA for the remainder of the funding gap from 24 January 2020 allocation date will be progressed to cover additional expected gaps as project work progresses and provide funds for additional allocations.

Funding source

 

Amount

NBRA/DRFA untied funding

State Government OEM Recovery officer role expected

$

1,300,000

200,000

There will also be extensive decrease in income across this recovery. Current expectation is that this will be in the order of the figures outlined below.

LOST INCOME FROM WAIVERS

·      Lease income

·      DA fees

·      Water charges

·      Waste charge

These will not be claimed against the direct funding source but need to be captured and will be reported in regular updates.

$39,650

$2M

$500,000

Not available currently

 

Legal /Policy

Council has signed the funding offer and a report on the final allocation is required by April 2021.

Attachments

Nil

 


Council 8 April 2020

Item 12.3

 

12.3. Update Council Pandemic Critical Incident Plan       

The purpose of this report is to provide an update to Council on Bega Valley Shire Council’s coordinated response to the COVID-19 Pandemic. Specifically, this report focusses on the Council’s pandemic business continuity response.

Director Assets and Operations  

Officer’s Recommendation

That Council receive and note the report on the Bega Valley Shire Council Business Continuity Pandemic response.  That Council approve the amendment to the Register of Delegations – Delegations to the General Manager to item 14, page 17 to read Closing of Council Offices, libraries and all identified services consistent with the Pandemic Critical Incident Plan and relevant State and Commonwealth directives. That Council resolve to formally appoint Mr Anthony McMahon as Acting General Manager in the event that the General Manager is unwell and unable to carry out the role and if Mr McMahon is also unable to carry out duties Dr Alice Howe take the role as  Acting General Manager and that the Acting General Manager have the delegations as applied to the General Manager.

Executive Summary

Pandemics are epidemics of disease that occur on a worldwide scale. While it is impossible to predict the timing or severity of a pandemic, it is certainly possible to be prepared and have appropriate management plans in place to minimise the impact of, and expedite recovery from, a pandemic.

Bega Valley Shire Council has in place a business continuity management framework which provides for the recovery of key business processes and associated resources within predefined timeframes following a crisis, incident or major event. These plans include response strategies and contingency arrangements for situations where personnel may be unavailable due to increased rates of absenteeism or illness. Specifically, during a pandemic crisis our business continuity plans aim to ensure we can effectively manage staff safety and welfare whilst attempting to maintain essential Council services to the community.

In order to continue to operate under the Pandemic Critical Incident Plan a minor amendment is proposed to the Delegations to the General Manager and appointment of Acting General Managers is recommended to cover any period of the General Manager being unwell.

Background – What is a Continuity Management Team

Whenever a crisis, incident or major event which may have an adverse impact on Council business a Continuity Management Team (CMT) is formed. The CMT is the central coordination body for all business continuity response efforts across Council. Critically it directs the activities of all recovery efforts of business directorates during a nominated crisis or event. The CMT will initially assess the potential extent of failure, determine the impact on Council business and estimate the time to achieve full restoration of Council operations and services.

Our response to COVID-19 is no different. Council’s CMT has been working as the pandemic situation evolved and monitoring the potential impacts of this crisis on Council and importantly, planning for continuation of core Council business functions during this global pandemic event. The CMT and senior Council staff have also been working with the Office of Local Government and the Canberra Region Joint Organisation to streamline response and Council service provision.

Our CMT consists of the following personnel (as defined within the Critical Incident Sub Plan for Pandemic CM: D20/17907) to manage the BVSC COVID-19 response:

IMT Function

Incumbent

Alternate

CMT Director (Chair)

General Manager

Project Lead Recovery, Rebuilding and Resilience

LEMO

LEMO

Alternate LEMO

Information Officer

Manager Communication and Events

Senior Communications Officer

Planning Officer

Director Community, Environment and Planning

Corporate Planning and Improvement Coordinator

Operations Officer

Director Business and Governance

Governance Coordinator

Logistics Officer

Procurement & Contracts Coordinator

Supply Services Coordinator

Admin Support

Executive Assistant – Business and Governance

Directorate Executive Assistants

HR Support

People and Culture Coordinator

People and Culture Officer

ICT Officer

Technology Services Coordinator

Systems Engineer

Safety Officer

Risk and Internal Audit Coordinator

Workplace Wellbeing Officer

Pandemic Critical Incident Sub Plan

To ensure that Council can effectively respond to a pre-determined business interruption, the CMT is guided by a set of instructions called a Critical Incident Sub Plan (CISP). The purpose of a CISP is to articulate response and recovery objectives, potential impacts to Council, escalation triggers, required response actions, duties and responsibilities and finally how information will be communicated.

The COVID-19 Pandemic response is in part guided by the information within the Pandemic Critical Incident Sub Plan (see attachment) and the stated objectives of this plan are:

·    Preparedness – have arrangements in place to reduce the pandemic impact

·    Containment – prevent transmission, implement infection control measures, provide support services

·    Maintain Essential Services – provision for business continuity in the face of staff absenteeism and demand on local government services.

Delegations

The current delegations to the General Manager have been reviewed and one minor amendment is recommended to cover closure of services under the Plan or direction from the State or Commonwealth Government. This is a change to item 14 in Delegations with the recommendation to read Closing of Council Offices, libraries and all identified services consistent with the Pandemic Critical Incident Plan and relevant State and Commonwealth directives. Acting General Manager delegations in the event the General Manager is unwell.

Due to the nature of a pandemic is also prudent for the appropriate acting arrangements to be in place so that Council has formally resolved to have two Directors able to act in the role. Initially it is recommended that Mr Anthony McMahon act as Acting General Manager in the event that the General Manager is unwell and unable to carry out the role and if Mr McMahon is also unable to carry out duties Dr Alice Howe take the role as  Acting General Manager and that the Acting General Manager (Mr McMahon or Dr Howe) have the delegations as applied to the General Manager.

CMT Briefings

Critically as this crisis evolves it is essential that members of the CMT meet regularly to formulate appropriate response actions and identify emerging business risks. Council’s Pandemic Response CMT has been meeting three times a week and these briefings to date have resulted in the creation of a tasking action log, ICT support mechanisms, critical stores management/monitoring, communications plan and staff safety planning. The CMT briefings are the principle forum where the CMT meet and rapidly resolve pandemic impacts as they emerge.

CMT Fact Sheets

To instruct Councils workforce on expectations during the COVID-19 pandemic a series of fact sheets have been created based on information sourced from key agencies. To date fact sheets dealing with the following have been distributed:

·    Advice on masks and hand sanitiser

·    Infection Control

·    Working from a Council office

·    Contractor / Site Visitor Requirements

Internal and External Communications

As stated above the CISP details Council’s internal communications protocols and the Communications team have been providing daily updates to staff via e-mail from the General Manager. This information is supported by a dedicated SharePoint page, in which employees can access all information relating to the CISP and Pandemic Business Continuity Plan.

In addition to the need to keep the workforce informed the media team has enacted an extensive media campaign aimed at informing our community on the risks and developments of COVID-19 within the Bega Valley, supporting multiple stakeholders and promoting NSW Health as the lead agency for our regional emergency operations.

ICT Support

One of the biggest challenges during the COVID-19 pandemic has been finding ways to facilitate social distancing and enabling flexible working arrangements. Council’s ICT team has done a tremendous amount of work in setting up a capability for staff to work from home. This has involved remote access to Council’s servers and implementing alternate solutions to enable team meetings.

Financial and resource considerations

The COVID-19 pandemic will have a considerable impact on Council’s financial position and resources. Much of Council’s response requirements are not externally funded and therefore will be borne by the organisation. Unfortunately, Council is in no position to avoid these costs as we must provide effective civic leadership and public safety. All attempts will be made to find external funding (as appropriate) via grants and State/Federal support.

In relation to financial support and waivers staff are currently reviewing what was put in place in February and if any additional support options are available that could be considered via a report to Council.

Legal /Policy

From a policy perspective and in conjunction with the member councils of the Canberra Regional Joint Organisation (CRJO), on 25 March 2020, Bega Valley Shire Council implemented the ‘CRJO Regional Pandemic Management Procedure’. The purpose of the procedure is to ensure Council is equipped to manage the rapidly changing employee and business circumstances due to a pandemic or infections disease outbreak.

The scope of the procedure includes pandemic related leave provisions, working from home (working remotely) provisions, rights of employees and Council, as well as strategies to facilitate prevention and preparedness associated with managing a pandemic.

The Regional Pandemic Management procedure is informed by advice within the NSW State Emergency Management Plan (2018), the NSW Human Influenza Pandemic Plan (2018), and the Government Gazette of the State of NSW – Public Health (COVID-19 Quarantine) Order 2020.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Business continuity planning is a standard function of enterprise risk management. This report has been prepared with the following reference to council’s Integrated Planning and Reporting (IPR) framework as follows:

CSP: 6                Strong, Consultative Leadership   

DP: 6.12            Our Council is financially sustainable, and services and facilities meet community need

OP: 6.12.18      Deliver enterprise risk management and audit control programs

Environmental / Sustainability

Where essential services continue to be provided, Council is seeking to reduce environmental impacts through consolidation of buildings and worksites. An added environmental benefit is the reduction in travel by having many of our employees working from home. 

Economic

As mentioned above, the National COVID-19 Pandemic will have significant impacts on our economy. Council continues to plan support through our Economic Development service to facilitate community recovery as a result of ongoing natural disasters and emergency situations. 

Risk

Business Continuity Planning provides a framework for the recovery of key business processes and associated resources within predefined timeframes following a crisis, incident or major event. The plans and procedures detailed in this report provide the controls we have available to minimise the impact of incidents and risk within our finite resources.

Health, safety and wellbeing of our employees and community form the basis of our approach in the current COVID-19 situation.

Social / Cultural

The CMT has spent much time in ensuring that we plan to continue delivery of essential and critical business services. The Mission of the CMT in the current COVID-19 environment is as follows: “to have arrangements in place to attempt to reduce the adverse impact of coronavirus on our business activities, prevent transmission of coronavirus amongst staff/clients/public, implement internal infection control measures, provide support services to staff and the community and finally maintain essential Council services”.

 

Attachments

1.         CISP for Pandemic

2.         Procedure 6.05.18 Regional Pandemic Management

 


Council

8 April 2020

Item 12.3 - Attachment 1

CISP for Pandemic

 

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Council

8 April 2020

Item 12.3 - Attachment 2

Procedure 6.05.18 Regional Pandemic Management

 

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Council 8 April 2020

Item 12.4

 

12.4. Council Meetings and social distancing requirements COVID-19 Virus     

Amendments to the Local Government Act have been introduced for the process of holding of formal Council meetings to ensure Council meets Public Health Order requirements in light of the COVID-19 Virus.

General Manager  

Officer’s Recommendation

1.    That Council note the move to hold Council meetings electronically until the Public Health Order restricting gatherings in indoor spaces exceeding two persons and given occupied space, there must be a density of no more than one person per four square metres of floor space is revoked.

2.    That the provision for the public to attend meetings be satisfied by the webcasting of the meeting as allowed under the amendments to the Local Government Act.

3.    That Public Forums be via electronic submission only for distribution to Councillor prior to the meeting day.

Executive Summary

The Minister for Health and Medical Research, the Hon. Brad Hazzard MP, has issued the Public Health (COVID-19 Gatherings) Order 2020 (the Public Health Order), restricting gatherings in indoor spaces exceeding 100 persons.   This includes that for the occupied space, there must be a density of no more than one person per four square metres of floor space. Subsequent announcements made by the Prime Minister, Scott Morrison, and Premier Gladys Berejiklian on Sunday 29 and Monday 30 March have outlined the Federal and NSW State governments have moved to further restrict public gatherings of people from 10 to two.

Prime Minister Scott Morrison announced a raft of new changes following a national cabinet meeting on Sunday, and said the two-person limit was for “public spaces and other areas of gathering”. Council’s Chamber is considered a “public space”.

Meetings for Council are now able to be done electronically and meeting protocols moved to ensure that decision making can continue whilst protecting the health of elected members, staff and community.

Further information about the new Public Health Order is available on the NSW Health website. Update material is still being prepared by Government at the time of preparing this report.

Public Health Orders - Gatherings Order and Places of Social Gatherings Order - Fact sheets

•     Meetings of councils and committees of councils are not exempted from the order as “essential gatherings”, and councils must comply with the order.

•     Amendments have been made to the Local Government Act 1993 (the Act) allowing councils to meet remotely to assist them to manage the risk of transmission of the COVID-19 virus at their meetings and to ensure compliance with the Public Health Order. The amendments take effect immediately as of 25 March 2020.

•     The amendments will operate for a period of six months, but may be extended to 12 months by regulation if required.

Background

Council Meetings

Changes announced to the Local Government Act on 25 March 2020 indicate Council and committee meetings can be held remotely, and individual councillors can participate in meetings remotely.

An amendment has been made to the Act providing that any requirement that councillors attend a meeting is satisfied if the meeting is held remotely using audio-visual links.

This means that councillors can now participate in meetings by an audio-visual link instead of attending in person.

Council meetings can be held entirely remotely by audio-visual link. There was provision in the changes relating to an opportunity for councils to continue to meet in person with individual councillors are permitted to participate in the meeting by audio-visual link however with the directions now in place as of 29 March this is now not an option.

Where councillors participate in meetings remotely by an audio-visual link, they continue to be obliged to disclose and appropriately manage conflicts of interest they may have in matters being considered at meetings. Councillors continue to be obliged to remove themselves from the consideration of matters in which they have a pecuniary or significant non-pecuniary conflict of interest.

Where councillors participate in meetings remotely by an audio-visual link, they continue to be obliged to protect any confidential information considered at the meeting. Where meetings are closed to the public under section 10A of the Act, councillors should ensure that they participate in the meeting in a location where it cannot be seen or heard by anyone else.

Cancellation of Meetings

If councils consider that the holding of a meeting will pose a risk to those attending the meeting, the meeting can be cancelled.

Given the rapidly changing public health notifications related to the COVID-19 Virus, it is proposed that Bega Valley Shire Council move immediately to holding online meetings only, to avoid any last minute cancellation of meetings and associated disruption and costs and to ensure public and staff health is a priority.  This commences as of the meeting of 8 April 2020.

Public Forums

Requirements for the holding of public forums prior to or at meetings will vary from council to council depending on the provisions contained in their adopted codes of meeting practice.

Under the provisions contained in Part 4 of the Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code), public forums are discretionary.  Bega Valley Shire Council’s Code of Meeting Practice states that is will hold public forums prior to the meeting on the day of the meeting.

To ensure compliance with the Public Health Order, public forums should only be held in a manner that is consistent with the Public Health Order and the AHPPC’s recommendations on indoor gatherings. Where this is not possible, public forums should not be held, or alternative arrangements should be made for the making of public submissions to councillors. For example, submissions could be made to councillors via an audio-visual link or in writing instead of in person.

In order to comply with the Public Health requirements, it is proposed that Bega Valley Shire Council move to public forum by electronic submission only.  This can be via email or by provision of a video file that can be circulated to Councillors via email. These public forum submissions will be made publicly available.

Community Engagement

Consultation undertaken

Information has been provided to the Public via Council’s website and Facebook page regarding the Public Health Order and that the amendment to the Act also provides that the requirement under section 10 of the Act that members of the public be permitted to attend meetings is satisfied if the meeting is held remotely using audio-visual links.

The amendment also provides that the requirement under section 10 for meetings to be open to members of the public is satisfied if a webcast of the meeting is made public.

Information regarding public forums has also been provided to the community via Council’s website and Facebook pages.  Members of the public requesting to address the Council at a Public Forum will be given detailed information on the changed process when their application is received by Council’s Executive Officers to the General Manager and Mayor.

Consultation Planned

Council will continue to keep the public updated with any further changes announced by the NSW State or Federal Government.

Financial and resource considerations

Staff costs associated with any changes to the process will be covered as part of the day to day governance administration of Council.

Councillors and relevant staff have already been provided with the necessary equipment and internet access to enable them to participate in online meetings.

Legal /Policy

Council’s current adopted Code of Meeting Practice is located here:

Code of Meeting Practice 

Amendments have been made to the Local Government Act 1993 (the Act) allowing councils to meet remotely to assist them to manage the risk of transmission of the COVID-19 virus at their meetings and to ensure compliance with the Public Health Order. The amendments take effect immediately as of 25 March 2020.

A temporary addendum to Council’s Code of Meeting Practice has been developed to cover these changes and is attached to this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

Compliance with the Public Health order is compulsory.

Social / Cultural

The actions proposed will minimise any effect on Councillor and public ability to participate effectively in the decision making process.

 

Attachments

1.         Code of Meeting Practice - Pandemic Amendments

 


Council

8 April 2020

Item 12.4 - Attachment 1

Code of Meeting Practice - Pandemic Amendments

 

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