Agenda of Council - 24 June 2020

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

24 June 2020

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 10 June 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 Outcome of the Exhibition of the Draft Local Strategic Planning Statement........................ 9

8.2 Outcome of Exhibition of Burning Off in Open Areas Policy................................................ 272

8.3 Interpretation of Clause 1.2 of Council's Development Contributions Plan..................... 300

9 Staff Reports – Community, Culture and Leisure

Nil Reports

10 Staff Reports –Economic Development and Business Growth

10.1 Bega Valley Innovation Hub Update and Incubator Support Funding............................... 304

11 Staff Reports – Infrastructure Waste and Water

11.1 RFT 27/20 Pambula Beach Coastal Accessibility Project – Civil Works.............................. 352

11.2 RFT 23/20 Merimbula Basketball Courts Upgrade- New Roof & Courts Upgrade........... 356

11.3 RFT 31/20 Boating Facility Upgrades - Bermagui and Kalaru............................................... 361

11.4 RFT 20/20 Reservoir Renewals.................................................................................................. 366

11.5 Tathra Community Gardens tenure.......................................................................................... 369

11.6 Bega Valley Local Traffic Committee........................................................................................ 374

11.7 EOI 43/20 Central Waste Facility Cell 4 Construction Civil Works...................................... 376

11.8 RFT 40/20 Lake Street Shared Path Project - Construct Only Contract............................. 379

12 Staff Reports – Governance and Strategy

12.1 Classification of land at Merimbula.......................................................................................... 384

13 Staff Reports – Finance

Nil Reports

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

17.1 Water trunk mains....................................................................................................................... 388

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........................... 394

18.1 General Manager's Annual Performance Review Report

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

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 24 June 2020

Item 8.1

8.1. Outcome of the Exhibition of the Draft Local Strategic Planning Statement

This report seeks a resolution of Council to adopt the Bega Valley Shire Local Strategic Planning Statement 2040, following public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the Bega Valley Shire Local Strategic Planning Statement 2040 (Attachment 1), subject to the changes to the exhibited draft document outlined in this report.

2. That Council seeks endorsement of the adopted Local Strategic Planning Statement by the Department of Planning, Industry and Environment and publication on the NSW Planning Portal.

3. That Council officers advise those that made submissions during public exhibition of Council’s decision.

Executive Summary

Council resolved on 18 March 2020 to place the Draft Bega Valley Shire Local Strategic Planning Statement (draft LSPS) on public exhibition (Attachment 2) from 23 March to 3 May 2020. Public exhibition is now complete with more than 1,800 views of the ‘Have Your Say’ pages, 169 survey responses, and 38 written submissions received. This feedback was broadly supportive of the draft LSPS; however, after a review of the submissions and survey results, several changes to the exhibited draft LSPS are recommended. As none of the proposed changes substantially amend the intent or key directions of the exhibited draft LSPS, it is recommended that Council resolve to adopt the LSPS (Attachment 1), which includes amendments to the exhibited draft recommended in this report.

Background

In March 2018, amendments were made to the Environmental Planning and Assessment Act 1979 (EP&A Act), which introduced a new requirement for local councils to prepare a LSPS. The NSW Government introduced this requirement as part of the shift in the NSW planning system to a more strategic framework, with the aim of providing a clear line of sight between the key strategic priorities identified at the regional level and finer-grained planning at local, centre and neighbourhood levels. The EP&A Act requires the LSPS to be endorsed by the NSW Government and in place by 1 July 2020.

The exhibited draft LSPS met this requirement by translating regional priorities for land use identified in the South East and Tablelands Regional Plan 2036 into directions for land use in the Bega Valley Shire that respond to our area’s unique economic, social and environmental characteristics.

The LSPS builds on and consolidates an array of NSW and local policy that identify desirable land use outcomes for the Shire and includes planning priorities, strategic directions and actions that will guide decisions about how land will be used.

Embedding the LSPS within the Integrated Planning and Reporting Framework will ensure Council’s strategic planning priorities and actions are operationalised and that various departments within Council are working towards common goals.

Options

1. Adopt the LSPS with the recommended amendments in this report (Attachment 1), This is the recommended option. The recommended amendments improve the exhibited draft LSPS (Attachment 2).

2. Adopt the draft LSPS as exhibited (Attachment 2).

3. Make further changes to either the LSPS recommended for adoption (Attachment 1) or the exhibited draft LSPS (Attachment 2), as identified by Council after consideration of this report and the summary of submissions provided in Attachment 3.

Community Engagement

Consultation undertaken

Community engagement for the draft LSPS was carried out in accordance with Council’s Community Engagement Strategy and draft Community Engagement and Communications Toolkit. The project was assessed to be Level 3 – Involve on the IAP2 spectrum. Council worked directly with interested and affected parties to develop a draft LSPS that contained achievable actions in the context of relevant regulations and policy.

The draft LSPS was built on visioning work carried out by Council in the development of the Bega Valley Community Strategic Plan 2040 and involved collaboration with staff from across Council as well as numerous government agencies. Stakeholders including land owners, business owners, representatives of community groups, interested community members and Councillors were also involved in developing the Rural Residential Strategy, Commercial Land Strategy, Residential Land Strategy and Aboriginal cultural heritage mapping that informed the draft LSPS. The Department of Planning, Infrastructure and Environment also provided considerable input and guidance in the development of the draft LSPS.

Formal public exhibition of the draft LSPS took place from 23 March to 3 May 2020. Notices were placed in the local newspapers, Council News, Council’s website and on Council’s social media channel. Email notifications were sent to the development professional group, Local Aboriginal Land Councils, government agencies, Chambers of Commerce, participants in the development of the Commercial and Residential Land Strategies and general community contacts including schools and service, tourism and sporting groups. Due to Covid-19 restrictions, hard copies of the draft LSPS were not made available.

Submissions were received via email and on line via the ‘Have your Say’ section of Council’s website. In addition, an online survey was hosted on Council’s website, which collected a range of comments and measured support for directions in the LSPS as well as ranking planning priorities.

Attachment 3 provides a summary of feedback received during exhibition of draft LSPS and staff responses to that feedback. This includes the survey results and a summary of written submissions received from individuals, community groups, government agencies and Councillors as well as comments placed on the ‘Have Your Say’ page of Council’s website. Attachment 4 provides a summary of survey results.

Consultation planned

If adopted, several of the actions included in the LSPS will require amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013), the Bega Valley Development Control Plan 2013 (BVDCP 2013) or other Council plans and policies. The process to amend both BVLEP 2013 and BVDCP 2013 has minimum statutory public consultation requirements. Changes to other policy positions of Council takes place in the public domain, in accordance with the consultation requirements of the Local Government Act 1993 and Council’s Community Engagement Strategy.

Council consideration of input

The purpose of this report is to provide an overview of feedback to the draft LSPS, including staff comment, and to recommend that Council adopt a final LSPS. The key issues raised in the feedback, and staff responses to these including recommended amendments to the draft LSPS are contained in Attachment 3. A summary of all feedback is included in Attachment 4.

Written submissions:

Written feedback to the draft LSPS contained a wide range of suggestions which have resulted in recommended changes to the wording of the Existing Situation, Challenges for Land Use, Future Directions and Actions for all of the planning priorities. Changes are also recommended to the Desired Future Character statements for Bega, Bermagui and Eden and the Planning for the Future section. These changes include revising the visions for all planning priorities to be more succinct and aspirational and introducing a new planning priority for tourism.

Survey responses:

The survey gauged the level of agreement with the Future Directions identified under each Planning Priority. Responses indicated a broad level of support for the Future Directions, with strong support for most proposed directions for the Planning Priorities (ranging from 48% to 100%). The survey results identified the following average level of agreement with strategic directions in each planning priority: Natural Environment (93%), Natural Hazards (92%), Carbon Neutral (96%), Aboriginal Land and Culture (94%) and Agriculture, Forestry and Aquaculture (82%), Industry and Freight (75%), Transport (91%), Public Open Space (82%), Character (92%), Housing (83%), Town Centres (86%).

In terms of level of importance of planning priorities, survey respondents identified Natural Environment as the most important and Housing as the least important (Figure 1).

Several of the comments made by survey respondents indicated that some directions were misunderstood, which has resulted in several recommendations to amend the wording to make the intent clearer. Several other recommended changes to the draft LSPS are based on suggestions in survey results.

NSW government agency feedback:

Consultation with NSW government agencies resulted in broad support for the draft LSPS, and several changes are recommended based on agency feedback from Department of Planning, Industry and Environment, NSW Environment Energy and Science, Department of Primary Industries, Heritage NSW, NSW Environment Protection Authority and Transport for NSW. These include new Future Directions, a new action and several wording changes. Most of the recommended changes relate to the Industry and Freight, Transport and Open Space Planning Priorities.

Figure 1: Importance ranking of draft planning priorities

Recommended changes to the exhibited draft LSPS:

In summary, the recommended changes to the draft LSPS are:

· Revision of visions for all planning priorities to be more succinct and aspirational

· Minor changes to Desired Future Character Statements and visions for town centres

· A new Planning Priority for Tourism

· Strengthened discussion about forestry industry and directions to support

· New action to support traditional fire management programs

· Consideration of the future recommendations of the Royal Commission and NSW Independent Bushfire Inquiry

· Support for collaboration with Transport for NSW in implementing its Movement and Place framework

· Expansion of action to replace timber bridges to include all key transport infrastructure

· Promotion of green spaces and shade within urban areas and public planting

· Strengthened support for land uses that encourage carbon sequestration

· Better consideration of fish habitat, pest and weed management

· Strengthened references to Port of Eden as a strategic export facility and tourism gateway

· Strengthened reference to strategic transport corridors (especially Princes Highway, Snowy Mountains Highway and Imlay Road) and support for rail connectivity

· Directions for better consideration of buffers to support industrial land and key freight routes

· Support for establishment of fuel storage and bunkering in Twofold Bay

· Alignment with and integration of principles from the Draft Climate Resilience Strategy, Commercial Land Strategy, Rural Residential Strategy and Residential Land Strategy

· New actions to support the principles of the Commercial Land Strategy, including a review of land use planning controls in industrial zones

Financial and resource considerations

The preparation of the LSPS and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2019-20 budget.

Funding source		Amount
General Fund	$	5,000.00

Legal /Policy

The LSPS has been prepared in accordance with clause 3.9 of the Environmental Planning and Assessment Act 1979. The LSPS will inform changes to planning controls within the BVLEP 2013 and BVDCP 2013 and changes to other Council policies, such as developer contributions, infrastructure plans and use of public land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The LSPS addresses the following outcomes of the Bega Valley Community Strategic Plan 2040:

• Outcome 1: Active and healthy communities

• Outcome 2: Employment and learning opportunities

• Outcome 3: Sustainable living

• Outcome 4 Liveable places

• Outcome 5: Connected communities.

The LSPS also addresses the following goals of the South East and Tablelands Regional Plan 2036:

• Goal 1: A connected and prosperous economy

• Goal 2: A diverse environment interconnected by biodiversity corridors

• Goal 3: Healthy and connected communities

• Goal 4: Environmentally sustainable housing choices

Environmental / Sustainability

The LSPS seeks to recognise the importance of the natural environment to the economy, society and culture of Bega Valley Shire. The LSPS addresses the resilience outcomes identified in all key response areas of the Draft Bega Valley Climate Resilience Strategy including: natural systems, preparing for natural hazards, liveable and connected places, safe, healthy and inclusive community, diverse and thriving economy, energy security and food security.

Economic

The LSPS supports the implementation of the adopted Commercial Land Strategy and Economic Development Strategy 2016-2021, which aim to help our economy become more resilient by encouraging diversity and employment generating opportunities. It also contains several directions and actions that support our economy; in particular the agriculture, aquaculture, forestry, tourism, industry and freight and transport sectors.

Risk

The LSPS seeks to address risks associated with unplanned development of land within Bega Valley Shire by providing clear direction about how land should be developed to meet community aspirations for the society, economy and environment that they wish to maintain and enhance within the Shire. It also seeks to provide individual land owners with a clear signal about whether their land is suitable for changed or increased intensity of use.

Social / Cultural

Implementation of the LSPS will help our community become more resilient by encouraging employment generating opportunities, improving transport and housing options, enhancing local character and helping create more vibrant and activated public spaces which facilitate community connections, recreation and cultural activities.

Attachments

1 ⇩. Local Strategic Planning Statement 2040 June 2020

2 ⇩. Draft Local Strategic Planning Statement March 2020

3 ⇩. Staff response to key issues raised in submissions

4 ⇩. Summary of feedback received during public exhibition

Council	24 June 2020
*Item 8.1 - Attachment 1*	Local Strategic Planning Statement 2040 June 2020

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Council	24 June 2020
*Item 8.1 - Attachment 2*	Draft Local Strategic Planning Statement March 2020

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Council	24 June 2020
*Item 8.1 - Attachment 4*	Summary of feedback received during public exhibition

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Council 24 June 2020

Item 8.2

8.2. Outcome of Exhibition of Burning Off in Open Areas Policy

This report seeks a resolution of Council to adopt the Burning Off in Open Areas Policy, with amendments following public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the Burning Off in Open Areas Policy (Attachment 1).

2. That Council officers advise stakeholders and those who have made submissions during the public exhibition period of the draft Policy of Council’s decision.

Executive Summary

Council resolved on 29 April 2020 to publicly exhibit a draft Burning Off in Open Areas Policy (Attachment 2) to seek community input. The draft Policy sought to amend Council’s current policy position to provide a deemed approval pathway for pile burning of dry vegetation on certain land. The Policy recommended for approval, after consideration of public input, is provided in Attachment 1. Issues raised in submissions, and staff responses, are included in Attachment 3, and summarised in this report.

Background

Open burning is regulated across New South Wales by the Protection of the Environment Operations (Clean Air) Regulation 2010 (the Regulation). The intention of the Regulation is to manage the air pollution issues associated with open burning, with a view to protecting local and regional air quality, local amenity and public health.

Bega Valley Shire is a local government area listed in Parts 2 and 3 of Schedule 8 of the Regulation in which burning of vegetation and other waste is prohibited except with approval.

In March 2020, Council initiated a review of its Clean Air Procedure (see Attachment 2 of Item 8.3 of the 29 April Council meeting agenda). Under that Procedure, Council approval is required for burning of any material within 75 metres of another dwelling. The outcome of this review resulted in the Burning Off in Open Areas Policy, which provides a deemed approval process for burning of dry vegetation (pile burning) on properties of more than 3000m²in certainzones and retains the current approval process for pile burning on other land. This provides certain property owners with an approval from Council to undertake pile burning, providing that they comply with the provisions in the Policy. Public input on the deemed approval proposal was sought, and the amended Policy is now ready for Council’s consideration.

Options

The following options are available to Council:

1. Adopt the Burning Off in Open Areas Policy (Attachment 1) that considers submissions. This is the recommended option.

2. Adopt the Policy as exhibited (Attachment 2).

3. Make further changes to the Policy recommended for adoption (Attachment 1) or the exhibited draft Policy (Attachment 2), as identified by Council after consideration of this report and the feedback provided in the Summary of Submissions (Attachment 3).

Community Engagement

Consultation undertaken

Community engagement on the draft Policy was carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project was assessed at Level 2 – Consult.

Stakeholders involved in the development of the draft Policy included Council staff and representatives from the local Rural Fire Service.

Formal exhibition of the draft Policy took place over a four-week period from 30 April 2020 to 31 May 2020. Key stakeholders including the Environment Protection Authority (EPA), local Fire and Rescue brigades, South-East Local Lands Service, New South Wales Health and the Rural Fire Service were notified directly, and notices were placed in the local newspaper, Council News and on Council’s social media platform.

Submissions to the draft Policy were received via email, letter and comments on the ‘Have Your Say’ section of Council’s website.

Consultation planned

Following Council’s determination on this matter, those who made a submission will be contacted to advise them of Council’s decision. Council’s website will also be updated to reflect the outcome, and to provide content to assist landowners to navigate the various options available to them to manage bushfire hazards. A notice will be published in the Government Gazette, as required under Clause 13(3) of the Clean Air Regulation 2010.

Council consideration of input

Council considered the matter on 29 April 2020 and resolved to seek community input on the draft Policy.

The purpose of this report is to summarise the submissions received during the exhibition period and recommend that Council adopt a final Policy, which considers community and key stakeholder input on draft Policy.

Summary of submissions

During the public exhibition period, 10 submissions were received: two from government agencies and eight from the general community. A summary of the submissions, and Council officers’ response, is provided in Attachment 3.

Agency submissions

The NSW Environment Protection Authority made a number of suggestions for improvement of the draft Policy including:

· Specifically permit only dry vegetation originating from the property

· Reference to measures to improve combustion efficiency

· Inclusion of specific sections under the Protection of the Environment Operations Act 1997 and inclusion of enforcement powers under the Local Government Act 1993

· Inclusion of a flow chart to show the circumstances under which the Policy applies

· Inclusion of information about how to find information on EPA No Burn Days

· Consideration of how notification is provided under s13(3) of the Clean Air Regulation 2010.

Staff response

The Policy provided in Attachment 1 includes all of these suggested changes, except for measures to improve combustion efficiency as these measures are covered in the Standards for Pile Burning, to which the Policy refers.

Fire and Rescue NSW suggested that:

· The wind speed be lowered from 15 km/h to 10 km/h

· The Policy reflect that a NSW Fire and Rescue permit is required at all times

· That a maximum log diameter be included in the Policy

· That a map be included showing the areas covered by NSW Fire and Rescue and the RFS.

Staff response

Points 1, 2 and 4 have been incorporated into the Policy. Point 3 is covered in the Standards for Pile Burning, to which the Policy refers.

Community submissions

Of the eight community submissions received, three objected to the Policy: one on the grounds of air quality (No. 4); one supported expansion of Council’s green waste service as an alternative disposal method (No. 6); and the other felt the current Procedure was less administratively complex (No. 3).

The remainder of the submissions provided general comments and suggestions for improving the draft Policy, which have for the most part been accepted (see staff responses in Attachment 3). Key issues raised where:

1. Closer alignment with the Clean Air Regulation and Standards for Pile Burning

A number of submitters (No. 1, No. 3 and No. 7 in Attachment 3) sought amendments to more closely reflect the wording of the Clean Air Regulation and the Standards for Pile Burning.

Staff response

These changes have been incorporated into the version of the Policy presented in Attachment 1.

2. Inclusion of more land use zones

One submission (No. 3) called for expansion of the Policy to apply to all zones. A further submission (No. 1) requested that E4 land be included.

Staff response

Council officers have sought to balance the competing objectives of increased capacity to conduct pile burns for hazard reduction and adverse impacts of open burning on air quality and human health. The Policy seeks to address this tension by providing a deemed approval process only on land where both fuel loads are expected to be higher and population density is expected to be lower. An approval process is retained for other land.

The E4 zone was included in the draft Policy and is retained in the final Policy.

3. Inclusion of beach fires

Submission 2 requested that fires be permitted on beaches.

Staff response

Council’s adopted position is not to permit open fires on beaches, due to the safety risks fires present to the general public.

4. Impacts of hazard reduction on air quality and native vegetation

A number of submissions (No. 4, No. 6, and No. 8) raised concerns about the impact of pile burning, and hazard reduction more generally, on air quality and public health. These submitters were also concerned about the loss of native vegetation due to clearing for bushfire protection.

Staff response

These concerns are noted, however, disposal of vegetation through pile burning is a minor contributor to a reduction in both fuel loads and native vegetation across the Shire. The Policy seeks to limit the impact of pile burning on neighbouring properties through the deemed approval provisions. The removal of vegetation is not directly relevant to the Policy but is addressed through legislation and other Council planning controls.

5. Alternative vegetation disposal options

Submission No. 6 suggests that weekly green waste collection services to rural properties would be a preferable method of disposal.

Staff response

This issue was considered during roll-out of Council’s kerbside green waste collection service. It was determined that this service would not be adequate in most situations given the large and variable volumes of vegetation generated seasonally.

The Policy has been amended to require land owners to consider recycling and reuse options as an alternative to pile burning.

Financial and resource considerations

Costs associated with the proposal relate to advertising of the draft Policy. Public exhibition of policy is a regular activity of Council and included in the adopted 2019-20 budget.

There is expected to be a minor increase in revenue through fees for approvals, where sought under the Policy, which are not applied under the current Clean Air Procedure. These fees will not be applied in the 2020-21 financial year.

Funding source		Amount
Certification and Compliance – General Fund	$	500

Legal /Policy

Council has a legal obligation to regulate air quality under the Protection of the Environment Operations (Clean Air) Regulation 2010. Review and amendment of Council’s policy framework is a regular function of Council.

Any open burning activities must be undertaken in accordance with NSW Rural Fire Service’s document Standards for Pile Burning and the relevant agency (either NSW Rural Fire Service or NSW Fire and Rescue) notified prior to the activity commencing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Management of bushfire hazards and air quality is consistent with the following elements of Council’s Community Strategic Plan:

Outcome 3: Sustainable Living; Goal 5: Our air and water is pristine and our natural

environment and rural landscapes are protected.

Outcome 4: Liveable Places; Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Environmental / Sustainability

Open burning has the potential to adversely affect local air quality if not managed appropriately. The Policy seeks to provide guidance to residents about how to manage hazard reduction through open burning in a way that minimises adverse impacts on neighbours.

Economic

The Policy is not expected to have direct economic impacts. The Policy intends to make it easier to conduct hazard reduction works, which may contribute to a reduction in economic losses from bushfire.

Risk

Development of policy is a core function of Council and does not introduce any new risk.

The proposed deemed approval process does involve some risk that people will undertake open burning without adequate controls; however, that risk already exists to the extent that landowners may choose to conduct open burning without complying with the approval process under the current Clean Air Procedure.

Social / Cultural

There are no material social or cultural impacts associated with the proposal. Community input was sought through public exhibition of the draft Policy.

Open burning may affect the health of those in the community with respiratory conditions. This is offset against the risk of bushfire from high fuel loads in the landscape. The Policy seeks to balance these competing risks.

Attachments

1 ⇩. Burning Off in Open Areas Policy

2 ⇩. Draft Burning Off in Open Areas Policy

3 ⇩. Summary of Submissions

Council 24 June 2020

Item 8.3

8.3. Interpretation of Clause 1.2 of Council's Development Contributions Plan

This report seeks to clarify Council’s interpretation of Section 1.2 of Section 94 and Section 94A Contributions Plan 2014.

Director Community Environment and Planning

Officer’s Recommendation

That Council resolve to:

1. Interpret Clause 1.2 of Council’s Development Contributions Plan 2014 as applying to building work conducted after 1965.

2. Apply this interpretation to applicable development applications submitted to Council on or after 1 January 2020.

3. Reimburse development contributions paid on land for which a dwelling existed prior to 1965 and for which a development application was submitted on or after 1 January 2020.

Executive Summary

Council’s current Development Contributions Plan provides for developers to contribute to the costs of public infrastructure. Clause 1.2 of the Plan requires that a contribution be made for residential dwellings on lots where no contributions have previously been received. The current application of this clause affects redevelopment on land with a dwelling that was constructed prior to the current planning framework, and therefore should be levied on land where dwellings were constructed prior to 1965 and subsequently redeveloped. This includes redevelopment of dwellings with existing use rights affected by the Black Summer bushfires. This report proposes that Clause 1.2 be interpreted as applying only to development constructed after 1965, and that contributions levied from 1 January 2020 be reimbursed.

Background

Development contributions are levied from residential development (Section 7.11 contributions, formerly known as Section 94 contributions) and other development (Section 7.12 contributions, formerly known as Section 94A contributions). Development contributions are used to fund public works such as roads, parks and libraries, as described in the adopted Plan. There must be a nexus between the works funded by the Plan and the development creating an additional burden on local public infrastructure.

The aim of the Plan is to accrue contributions for development where contributions weren’t paid at the subdivision stage or where previous development was undertaken without consent (and for which consent should have been sought). Recently, this clause has been applied to bushfire-affected properties that have existing use rights, as they were constructed prior to 1965 and the contributions were not levied at that time.

However, dwellings constructed prior to 1965 were done so lawfully and were not subject to an environmental planning instrument and contribution considerations. On this basis, Council officers consider that Clause 1.2 should not apply to redevelopment on land for which an existing use right for a residential development exists, whether or not they are bushfire-affected lots.

Options

Council’s Development Contributions Plan 2014.·

· Development Contributions Plan 2014.

Community Engagement

Consultation undertaken

Council’s Development Contributions Plan 2014 was publicly exhibited prior to adoption, as required under the Environmental Planning and Assessment Regulation 2000. A copy of the adopted Plan is available on Council’s website.

Representations have been made by a number of bushfire-affected landowners regarding the payment of development contributions. Consultation on the proposed interpretation of Clause 1.2 has been undertaken with key Council staff involved in development assessment.

Consultation planned

The purpose of the report is to provide clear direction on the interpretation of Clause 1.2 of the Plan for those dwellings erected prior to, and after, 1965. As no changes to the adopted Plan are recommended further consultation is not proposed.

Those subject to the proposed reimbursement of contributions made since 1 January 2020 will be contacted directly.

Council consideration of input

Council considered a report on 5 February 2020 to waive the cost of redevelopment for bushfire-affected landowners. That report identified that development contributions should be paid on land for which a development contribution was not paid at the time of development.

The report did not specifically contemplate the scenario where a development was to replace a dwelling that pre-dated the current planning scheme.

Financial and resource considerations

There are financial implications for Council in terms of the direct repayment of development contributions for redevelopment of pre-1965 dwellings since 1 January 2020 and for future redevelopment on such land. There are seven bushfire-affected development consents since 1 January 2020 for which development contributions have been levied. Of these, two involved pre-1965 dwellings, with a contributions value of $2,889.16.

The cost of future lost contributions is unable to be accurately quantified, as it is proportional to the cost of development. Assuming that all owners of pre-1965 dwellings affected by the Black Summer bushfires choose to rebuild, the total value of waived development contributions would be of the order of $100,000. The annual lost revenue to Council is expected to be in the order of $10,000-$20,000 over 5-10 years.

Legal /Policy

The intention of development contributions is to offset the costs to the ratepayer of the additional burden of development on local public infrastructure.

Those dwellings constructed prior to 1965 were done lawfully and the reconstruction would not result in a change to the historical situation or additional impact on public infrastructure.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with the following elements of Council’s Community Strategic Plan:

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 meet local needs.

Environmental / Sustainability

The recommended interpretation of Clause 1.2 of Council’s Development Contributions Plan 2014 as applying to building work conducted after 1965 would not impact on environmental or sustainability considerations.

Economic

There are potential minor economic benefits associated with the proposal as the contributions that would have been paid to Council may be reinvested in local building contractors.

Risk

There is a financial risk that those subject to the previous interpretation of the Plan may seek to have their contributions reimbursed. This risk is considered low, as Council officers are not aware of any recent examples where contributions have been applied in these circumstances. By formally resolving to change its interpretation from 2020 onward, Council mitigates this risk by clearly identifying when this interpretation applies.

Social / Cultural

The proposal supports the principle adopted by Council in its resolution of 5 February 2020 to support bushfire-affected communities by reducing the costs of redevelopment. It also seeks not to disadvantage others who may choose to redevelop dwellings that existed prior to the current planning scheme.

Attachments

Nil

Council 24 June 2020

Item 10.1

10.1. Bega Valley Innovation Hub Update and Incubator Support Funding

An update on the delivery of the Bega Valley Innovation Hub (BVIH) over the past two years and intent for Council to apply for further funding with project partners.

Project Lead - Recovery, Rebuilding and Resilience

Officer’s Recommendation

1. That Council note the outcomes of the Bega Valley Innovation Hub (BVIH) for the local business community over the past two years.

2. That Council note and approve the intent to support a Council grant application to the Australian Government’s Incubator Support Program to continue the delivery of business innovation and growth programs in the Bega Valley Shire.

3. That Council note the partnership and investment to date with the University of Wollongong and if successful in the grant application due to extenuating circumstances, Council enact Section 55 (3)(i) of the Local Government Act as a satisfactory result would not be achieved by inviting tenders.

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

Executive Summary

Bega Valley Shire Council in collaboration with the University of Wollongong (UoW) (Bega Campus), Bega Cheese and the Bega Chamber of Commerce has been a participant in the University of Wollongong’s iAccelerate Program through the Bega Valley Innovation Hub (BVIH). This program has delivered the iAccelerate Educate program successfully over the past 2 years and has also played a key role in pivoting support services to bushfire and COVID affected businesses in the Shire over the past six months.

The original program design required the delivery of a three-cohort program over an 18 month period and the Bega Valley is the only regional location of its size to have gained access to this program. Cohorts one and two were successfully delivered in Bega and Merimbula respectively. Due to the bushfires of 2020 and through a contract variation, the Phoenix program was developed. This allowed the BVIH to adjust and expand its programs towards supporting businesses survive and build new business skills and models for recovery. This extension support has also assisted business adapt to the impacts of COVID-19. The sessions delivered over the past six months ranged from cloud-based computing, business mental health, business planning, e-commerce and social media skills and ‘work from anywhere’ programs. The funding period for these programs finishes in July 2020.

Pre-empting the wrap up of the Federal funding, Bega Valley Shire Council in collaboration with UoW (Bega) submitted an Expression of Interest (EoI) in May 2020 to the Australian Government to seek approval for a second application to the Incubator Support Program. This proposal suggests extending the partnership with UoW Bega and the iAccelerate program. Council was notified of a successful EoI on June 4^th 2020 and encouraged to submit a full application as soon as practicable.

The objective of the next phase of the Bega Valley Innovation Hub is to build on momentum gained to date through:

· Supporting existing cohort businesses.

· Delivering deeper engagement with the 120+ businesses that participated in the Phoenix program over February-June 2020.

· Build relationships and networks that align emerging local businesses to our core sector strengths of:

o Forestry

o Agriculture including aquaculture

o Tourism

o Health and Aged Care

o Emerging industries (e.g. IT)

o Marine industries

· Collaboration with youth and indigenous stakeholders

Background

Council partnered with UoW (Bega Campus), Bega Cheese and the Bega Chamber of Commerce in 2017 with a Council commitment of $50,000 over two years (Council report 28 June 2017). This co-founded project period is now at an end but there is the opportunity to extend program delivery in the Shire through a further funding application and investment.

The intent of this report is to determine Council’s intent in securing this funding and identifying the resources required to deliver it. Prior to the full application proceeding, there is a need to continue to build other stakeholder participation in the project proposal in order for it to be successful. This includes further funding and in-kind support from other project partners.

Options

Council has the option of declining to proceed with an application and advising potential project partners. Other programs supporting small businesses recover and adapt would be investigated but may not leverage the same level of resourcing or build upon outcomes achieved.

Community Engagement

Consultation undertaken

Council officers have supported, guided and worked collaboratively with the BVIH program over the past two years. Through the BVIH there has been constant business community engagement including:

· 12 founding business members of the BVIH

· 2 Educate programs delivered

· 1 Phoenix program delivered

· 1 Youth Hack event delivered

· 2 Pitch Final events with over 170 attendees

· Over 120+ businesses directly engaged in support related to:

o Value proposition / test your business idea

o Digital marketing

o Work from Anywhere

o Cloud computing

o E-commerce platforms

o Social media marketing and sales

o Finance and cash flow

o Facebook training (by Facebook)

· Local skills and capacity development through procuring the services of local innovators and businesses to develop new course content specific to the needs of bushfire and COVID impacted businesses.

· Investment by Eurobodalla Shire Council in additional Phoenix programs in 2020

An overview of the outcomes of the outcomes and deliverables of the Bega Valley Innovation Hub are included as attachments.

Attachment 1: BVIH Overview Report June 2020

Attachment 2: BVIH Educate program Outcomes

Attachment 3: BVIH Phoenix Stabilise Report

Consultation Planned

Over the past two years feedback was sought from each session held to improve program design and delivery. This has ensured that the program adapts to regional requirements. Going forward, further consultation will be held over June-August to secure investment by other stakeholders. With any future program delivery engagement of the broader business community is key to longer term engagement and success. To this end events will be held to support networking and relationship building.

Financial and resource considerations

Council is requested at this time to provide a commitment of financial support contingent on the success of securing appropriate partner financial commitment and a successful application under the Incubator Support Program.

Funding source		Amount
BVSC Economic Development General Fund Budget (two years $30,000 per annum over 2020/21 and 2021/22)	$	60,000
Partner Contribution (minimum)	$	40,000
Federal Government Incubator Support Program	$	$250,000

In addition, UoW (Bega) will contribute significant in-kind contribution towards the new application and it is hoped further support from other stakeholders can be secured prior to the application being lodged early in the 2020/21 financial year.

If this is not achieved alternative small business support programs outside of the Incubator Support Program will be investigated including but not limited to other State or Federal funding programs which may emerge.

Legal /Policy

The intent is to extend the current collaboration with the UoW Bega to deliver the iAccelerate program over a two-year period. If successful, Council would partner with UoW (Bega) to deliver the program with Council closely involved in its delivery. Council would manage the reporting and relationship with the Australian Government.

The investment in the program to date has been significant and with UoW (Bega) a key contributor in terms of in-kind contribution and project management. This enabled the Bega Valley to be the first regional incubator support of its kind through helping deliver the iAccelerate program. This investment has delivered:

· Improved iAccelerate program methodology due to co-development between an urban and regional area through the local Program Manager participating in iAccelerate program development.

· Development of a new bushfire recovery program ‘Phoenix’ which engaged and employed local facilitators and mentors, and which can now be used as a ramp in program for businesses.

While the scale of the project would usually require a tender, due to the collaborative effort to date over three years with the University of Wollongong, a government funded not for profit public university, it would be counterproductive to pursue a tender process at this time and would likely require other significant program partners to be engaged and developed. This process would take a significant amount of time and may not result in any material gain.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

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

Delivery Plan / Operational Plan 2019/20 and draft 2020/21

Leverage economic growth from innovation programs, infrastructure and commercial investments in the region.

Environmental / Sustainability

Through the proposed extension of the BVIH participants will be delivered a module on the United Nations Sustainable Development Goals.

Economic

Council support for the continuation of the BVIH aligns with the Bega Valley Economic Development Strategy (EDS) 2016-2021 and the Regional Economic Development Strategy. The five (5) focus areas of the EDS are Business Support; Infrastructure and Technology; Connections; Education and Skills; and Visitation.

The BVIH has provided a direct and positive impact on the local economy and can continue to help deliver business growth and development outcomes. Prior to Covid 19 the delivery of the program had supported the equivalent of 30 additional jobs across the region.

Risk

Council will be the lead applicant for the Incubator Support program and will manage engagement with UoW Bega through standard contracting arrangements.

Social / Cultural

The BVIH has helped broaden and deepen the network of businesses engaging in new business ventures or pivoting to new opportunities. Many businesses that participated in the first two cohorts were social enterprises support a range of different health outcomes including seniors, youth and women.

Attachments

1 ⇩. 2020.06.24 Attachment 1 BVIH Overview Report June 2020

2 ⇩. 2020.06.24 Attachment 2 BVIH Educate Program Outcomes

3 ⇩. 2020.06.24 Attachment 3 BVIH Phoenix Stabilise Report

Council 24 June 2020

Item 11.1

11.1. RFT 27/20 Pambula Beach Coastal Accessibility Project – Civil Works

This report details the recommendation to Council in relation to the evaluation of Tender 27/20, Pambula Beach Coastal Accessibility- Civil Works component of the Pambula Beach Coastal Accessibility Project.

Director Assets and Operations

Officer’s Recommendation

1. That Council decline to accept the submitted tender under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the tenderer and other parties that attended the project tender briefing with a view to entering into contracts for the civil works.

2. That should the negotiations not result in a sufficiently reduced cost to meet the allocated budget, a further review of the work scope to find savings within the project that still see key project objectives and elements delivered.

3. That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 27/20.

4. That the tenderer be advised of Council’s decision.

Executive Summary

Pambula Beach Reserve was identified as a site that can contribute to the NSW Government’s reforms for people with disabilities with funding allocated via Restart NSW and to SLSCNSW to develop and implement strategies to improve the inclusion of people with disabilities.

This report relates to the Civil Works tender for the development of the parkland surrounding the Pambula Beach Surf Life Saving Club with focus on access and inclusion for people with a disability.

Background

Commencing in 2016, Spiire Australia Pty. Ltd. were engaged to develop Coastal Accessibility Plans for three key sites within the municipality, Pambula Beach Reserve was one of these sites. The project represents the outcome for the site following initial draft plans, consultation, public exhibition and stakeholder engagement.

During the project development it was determined that the way to achieve the best budget outcomes for the Pambula Beach Coastal Accessibility Project was to separate it into 3 components:

1. Civil Works via RFT process.

2. Playground and Gym via RFQ process.

3. New amenities, picnic and BBQ shelters via RFQ process.

As of writing this report the playground and gym and new amenities and shelters RFQ’s are still in process.

The Civil Works component of RFT 27/20 was issued via Vendor Panel on 17 April 2020 with a closing date of 13 May 2020, advertising via BVSC Comms process was also carried out. A mandatory tender briefing was held on site on 29 April as part of the tender process, there were 7 people in attendance representing 6 interested parties. Subsequent to the meeting there were some queries re the project submitted via the BVSC Procurement process with responses provided as required.

At the close of tender period, there was one submitted response to the RFT, this was a conforming tender. The tender evaluation process was followed with the submission assessed against the following criteria:

Criteria	Weighting
Project cost/lump sum breakdown	50%
Schedule of rates for variations	10%
Proposed construction arrangements	2.5%
Construction program	12%
Recognition of local outcomes	5%
Support of Indigenous business development	3%
Similar project experience and references	5%
WHS&E, QAQC	10%
Capacity to undertake the project	2.5%
Total	100%

As the tender was well in excess of the allocated civil works budget for the project, accepting the tender as submitted would make achieving the overall project deliverables impossible to achieve within the budget.

Options

The options available to Council are:

1. Accept the current tendered price for the Civil Works component and allocate further funding to meet the current project budget shortfall.

2. That Council decline to accept the submitted tender under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the tenderer and other parties that attended the project tender briefing with a view to entering into contracts for the civil works. This will also involve further review of the work scope to find savings within the project that still see key project objectives and elements delivered.

Community Engagement

Consultation undertaken

Extensive consultation has been undertaken, from the initial Spiire Australia draft plans for consultation and subsequently for public exhibition and revisions following the BVSC “Have you say” process to direct Stakeholder engagement with on-site meetings and presentations for the design development process conducted by BVSC officers.

Consultation Planned

During the construction phase, further community consultation and stakeholder engagement will be undertaken advising of any impacts to the Pambula Beach Reserve during the construction phase.

Council consideration of input

Council should note the stakeholders are active and committed and there has been strong input throughout the design development process, particularly in relation to the value management process as outlined in the “Risk” section below. Hence, they are keen to seeing the project scope delivered closely adhering to the current design.

Financial and resource considerations

The project funding is sourced as per table below.

The ongoing cost for the maintenance of the new carpark, pathways etc. included in the Civil Works package will need to be incorporated into ongoing operational budgets, however, as the project is an upgrade of the existing carpark & pathways the operational cost increase will not be great.

Funding source		Amount
Restart NSW Fund	$	660,636.36
BVSC Funding	$	68,361.75
Surf Life Saving NSW (Inclusive Communities)	$	100,000.00
Community Groups (Pambula SLSC storage shed project)	$	60,00.00
Total	$	888,998.11

Legal /Policy

The tender process complied with the Local Government Act 1993 and in accord with BVSC policy.

The proposed works meet the provisions of 65(3)(a) of the Infrastructure SEPP 2007 and are permitted without consent, as such the works constitute an activity as defined by Part 5 of the EP&A Act 1979 and the project includes exempt development works as permitted under the provisions of Section 66(1)(a) of the Infrastructure SEPP 2007.

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

A Review of Environmental Factors (REF) has been prepared for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

Economic

The overall project is a substantial upgrade to the current carparking, pathways and amenities to the Pambula Beach Reserve and will potentially result in an increase in visitor numbers to the reserve.

Risk

The project has already been the subject of a substantial value management exercise with stakeholders to reduce the scope to what was hoped to be attainable within the available budget. The negotiation process will help to identify further scope reduction possibilities and help to achieve a budget outcome that is beneficial to the project.

Social / Cultural

The project will provide social and health benefits for the broad community, with the focus on accessibility also providing increased amenity and access to the Pambula Beach Reserve for people with disabilities.

Attachments

1 . Confidential Attachment to report RFT 27/20 Pambula Beach coastal Accessibility Project - Civil Works (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.

Council 24 June 2020

Item 11.2

11.2. RFT 23/20 Merimbula Basketball Courts Upgrade- New Roof & Courts Upgrade

This report details the recommendation to Council in relation to the evaluation of Tender 23/20, Merimbula Basketball and Netball Courts Upgrade - New roof and courts upgrade components of the Merimbula Basketball Courts Upgrade Project.

Director Assets and Operations

Officer’s Recommendation

1. That Council decline to accept the submitted tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest tenderers with a view to entering into contract(s) for the new roof, concrete slab and sports lighting for the Merimbula Basketball and Netball Courts Upgrade.

2. That should the negotiations not result in a sufficiently reduced cost to meet the allocated budget a further review of the project scope, in conjunction with the Project Control Group, to find savings see the project within budget while delivering core project objectives and elements be undertaken.

3. That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 23/20.

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

Executive Summary

In February 2019 NSW Government funding toward upgrades to the Merimbula Ford Park Courts of $1m was announced by the Hon. Andrew Constance MP. 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 with much improved facilities.

Since the announcement, Council staff have been working with the NSW Office of Sport to formally register the project 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. The funding deed has been signed and the Request for Tender (RFT) process has been undertaken. This report provides an overview of the RFT 23/20 outcome.

Background

Prior to the February 2019 funding announcement, the Merimbula Basketball and Netball Joint User Committee (MBNJUC) were approached by BVSC with a view to relocating the courts to the Pambula Sporting Complex as part of the Pambula Sporting Complex and Bega Sporting Complex Masterplans, however this did not prove to be a good suit and during ongoing discussions with BVSC, it was agreed that the MBNJUC could develop plans to upgrade the existing Ford park courts and seek appropriate funding.

The MBNJUC engaged Kategic Pty Ltd as a consultant and formed a project proposal which was presented to BVSC and subsequently given support from BVSC with a $10,000.000 grant to further the project, this was matched by $5,000.00 each from the Basketball and Netball clubs respectively. The MBNJUC then progressed the project through design and Statement of Environmental Effects to Development Application submission and approval.

The MBNJUC then presented their case for funding to the Hon. Andrew Constance and approval was given for the Ford Park courts upgrade project to be an annexure to the Pambula Sporting Complex and Bega Sporting Complex Masterplans, this was approved with the subsequent $1m funding announcement being made.

The funding was formalised in March 2020. Once this was provided, documentation was prepared for tender purposes. During the project development and based on information provided by the MBNJUC, it was determined that the initial RFT would be on a design and construct basis for 3 separable portions:

1. New roof and structure over the 4 courts including stormwater drainage

2. A new concrete slab substrate suitable for a new acrylic playing surface to be applied

3. Sports lighting to the new courts, as per Australian Standard 2560.2.4-1986 (Australian Standard for Lighting for Outdoor Netball & Basketball)

This would provide some guide for the project planning and cost as the MBNJUC were considering two possibilities for the acrylic playing surface, one cheaper and one more expensive option. A new fence around the perimeter of the court’s is also part of the project scope, both these aspects will be subject to available budgets and an RFQ process in the near future.

Merimbula Basketball Courts RFT 23/20 was issued to the marketplace via Vendor Panel on 5 May 2020 and closed on 27 May 2020. Notification via BVSC Communications was also carried out. A summary of the conforming responses is as listed below:

1. New roof and structure – 5 responses

2. New concrete slab – 4 responses

3. Sports lighting to the new courts – 5 responses

The tender evaluation process was followed with the submissions assessed against the following criteria:

Criteria	Weighting
Project cost/lump sum breakdown	60%
Proposed construction arrangements & program	12%
Recognition of local outcomes	5%
Support of Indigenous business development	3%
Similar project experience, references and capacity	12%
WHS&E, QAQC	8%
Total	100%

The tender returns were assessed against the relative separable portions and in combination against the overall project budget, with the end result being that the returns were in excess of the budget for the project.

Options

The options available to Council are:

1. Accept the current tendered prices for the upgrade works and allocate further funding to meet the current project budget shortfall.

2. That Council decline to accept the submitted tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest tenderers with a view to entering into contract(s) for the RFT 23/20 works. If required, this may also involve further review of the work scope to find savings within the project to see the project within budget while delivering key project objectives and elements.

Community Engagement

Consultation undertaken

Below is a point summary of the outcome of the consultation with MBNJUC:

• 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 court’s 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.

Consultation Planned

As per the funding requirement, a Project Control Group (PCG) has been formed consisting of Merimbula Basketball and Netball club members, BVSC council officers, a representative of the NSW Office of Sport and BVSC Councillors. The purpose of the PCG is to provide high-level stakeholder oversight and leadership of the project.

A Terms of Reference for the PCG has been completed for the project. The terms of reference identify the roles and responsibilities of the PCG. The first PCG meeting was held on the 29 May 2020, with monthly meetings planned for the duration of the project.

Council consideration of input

Project milestone reporting (required by the funding agency) will be forwarded to Councillors. 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.

Council should note, the basketball and netball club representatives have expended a lot of time and effort on the project to date and have very strong ownership of the project with a keen sense of what they believe is achievable within the budget.

Financial and resource considerations

The project funding is sourced as per the table below.

Funding source		Amount
NSW office of Sport	$	1,000000.00
Stakeholder (sports clubs) Project/Concept Development (In kind)	$	10,000.00
BVSC confirmed funding (Planning DA costs)	$	10,000.00
BVSC Contingency contribution (if required)	$	93,000.00
Total	$	1,113,000.00

The ongoing cost for the maintenance and operation of the new facility will be offset by costs of the existing aging courts and incorporated into ongoing operational budgets.

Legal /Policy

Legislation and regulations relevant to the project 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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of the project 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’.

Environmental / Sustainability

A Statement of Environmental Effects was prepared and submitted as part of the DA submission as required under section 4.46 of the Environmental Planning and Assessment Act 1979 and to assist Council’s assessment of the proposal against the matters for consideration listed in section 4.15 of the Environmental Planning and Assessment Act 1979

Economic

The upgrade of the Merimbula Basketball and Netball courts will provide opportunities for the Bega Valley by increasing the ability to host local and regional basketball and netball events. Opportunities will also be made available to hire the courts to external community groups and schools extending social and health benefits to the broader local area. Hosting such events will stimulate economic benefit for the local community through visitor spend and stays.

Risk

Project Risk identification has been included in project briefs submitted to the NSW Office of Sport. An overview of project risks was included in the Sporting Complex Upgrade Projects report to Council on 8 April 2020.

Social / Cultural

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. Due to its’ all-weather nature, the proposed upgrade will considerably enhance the facility for increased utilisation by sporting and community groups across the region. It will also provide opportunities for other stakeholders and partners to become involved across a wide range of uses.

Attachments

1. Confidential Attachment to report RFT 23/20 Merimbula basketball courts upgrade new roof and courts (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.

Council 24 June 2020

Item 11.3

11.3. RFT 31/20 Boating Facility Upgrades - Bermagui and Kalaru

This report details the evaluation outcome of RFT 31/20 for boating facility upgrades at Bermagui River boat ramp and Blackfellows Lake boat ramp and recommends entering negotiations with the preferred tenderer.

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 <insert> with a view to entering into a contract in relation to the subject matter of the tender as per Clause 178(3)(e).

2. That authority is delegated to the General Manager to enter negotiations with <insert>, based on the works as specified in RFT 31/20 Boating Facility Upgrades – Bermagui and Kalaru.

3. That Council endorse the increased budget contribution as outlined in the Confidential Attachment.

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

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

Executive Summary

This report provides the project background and further considerations including a financial summary and strategic document alignment with respect to the tender process carried out for the construction of new reinforced concrete boat ramps together with ancillary maritime and civil infrastructure to upgrade existing facilities at Bermagui River and Blackfellows Lake.

The boating facility upgrades are being delivered under the second round of Transport for NSW’s “Boating Now” program, with funding co-contributions from Transport for NSW and Bega Valley Shire Council.

Background

The Transport for NSW Boating Now program provides grant funding for maritime infrastructure and facilities needed for safe, accessible and enjoyable recreational and commercial boating. The program, funded from boating licence and registration fees, also supports broader economic and social benefits for local communities and visitors.

The scope of works identified for the Bermagui River boat ramp upgrade includes:

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

· Installation of a finger pontoon jetty;

· Upgrade and sealing of the informal parking area; and

· Upgrade of lighting.

The scope of works identified for the Blackfellows Lake boat ramp upgrade includes:

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

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

· Installation of lighting; and

· Installation of a finger pontoon jetty.

This report focusses on all elements of the above scopes of work, with the exception of lighting which will be subject to a separate quotation process.

Options

Options available with respect to managing the project budgets are outlined within the Confidential Attachment.

Community Engagement

Consultation undertaken

A thorough public consultation process was undertaken following concept design development for Council’s Boating Now Round 2 projects. This process has included:

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

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

· Presentation to the Coastal Planning and Management Committee;

· Presentation to the Access and Inclusion Advisory Committee;

· Issue to the Local Traffic Committee (as applicable);

· Issue to the program funding partner Transport for NSW;

· Issue to NSW Department of Primary Industries (Fisheries);

· Issue to Local Aboriginal Land Councils (Merrimans and Bega);

· Issue to the NSW Aboriginal Land Council; and

· Issue to Crown Land.

Consultation Planned

Communication regarding the timing of the upgrade works will be carried out to keep the local community informed of upcoming works. Communication will also ensure the boating community is informed and advised of alternative launching locations while the upgrade works are taking place.

Council consideration of input

Following the local community consultation process, a report was prepared for Council outlining common themes and recommending design adjustments off the back of positive feedback and constructive input received. This report was endorsed at the 7 August 2019 Council meeting.

Financial and resource considerations

Table 1 below provides detail of the project budgets and funding sources associated with each boat ramp.

Project Budget & Funding Sources – Bermagui River		Amount
Project Management	$	25,000
Concept Development & Detailed Design	$	35,000
Boat Ramp	$	300,000
Pontoon	$	150,000
Parking & Drainage	$	100,000
Lighting	$	20,000
Misc. Costs & Contingency	$	25,000
	$	655,000

Boating Now contribution	$	485,000
Bega Valley Shire Council contribution	$	170,000

Project Budget & Funding Sources – Blackfellows Lake		Amount
Project Management	$	25,000
Design	$	40,000
Boat Ramp	$	200,000
Pontoon	$	150,000
Access Road, Parking & Drainage	$	120,000
Lighting	$	20,000
Miscellaneous Costs & Contingency	$	25,000
	$	580,000

Boating Now contribution	$	390,000
Bega Valley Shire Council contribution	$	190,000

Table 1 – Project Funding

Legal /Policy

The tender process conducted for RFT 31/20 complies with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Bermagui River and Blackfellows Lake boat ramp upgrade projects have links to strategic documents as follows:

BVSC Maritime Infrastructure Plan – the medium / long term scope of work identified for Bermagui River includes upgrading the boat ramp to a two-lane reinforced concrete ramp, installation of a floating pontoon jetty and enlarging the sealed parking areas to provide greater capacity. The scope of work identified for Blackfellows Lake includes upgrade and widening of the launching area and access road, upgrade of the boat ramp to a reinforced concrete ramp and installation of a jetty. All scope items will be achieved through this project.

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

NSW Government Maritime Infrastructure Plan 2019-2024 – includes enabling great recreational and tourism experiences on our waterways, enabling safe access and use of NSW waterways and facilitation of the improvement and activation of foreshore precincts as targeted outcomes.

BVSC Infrastructure Prospectus – marine infrastructure is a headline project in the Prospectus and the upgrades at Bermagui River and Blackfellows Lake will align with the key outcomes of quality infrastructure, water recreation capacity and safety.

Leisure and Recreation Asset Management Plan, June 2017 – this plan identifies “realisation of opportunities currently being pursued” as a key item of focus for maritime facilities.

Environmental / Sustainability

A Review of Environmental Factors (REF) was carried out for each location. These REFs did not identify any high-risk items at either location. Potential environmental risks during construction – primarily erosion and sediment control – will be addressed in the appointed contractor’s Construction Environmental Management Plan (CEMP).

Permit applications have been submitted to the NSW Department of Primary Industries (DPI) – Fisheries who will assess any potential marine impacts posed by the project. Again, potential impacts will be addressed in the appointed contractor’s CEMP.

Economic

Provision of quality infrastructure directly aligns with the marine infrastructure component of BVSC’s Infrastructure Prospectus; the Prospectus supports NSW’s target to double overnight visitor expenditure.

Risk

Managing the project budget is the key risk apparent at present. Options in this regard are outlined within the Confidential Attachment.

Aside from potential environmental risks (refer Environment/Sustainability above) and standard construction risks, all of which will be addressed in the appointed contractor’s project plans, no notable risks are posed by the project.

Social / Cultural

The Blackfellows Lake boat ramp site is culturally significant from both Aboriginal and European archaeological perspectives. Local archaeological consultancy Lantern Heritage were engaged to investigate the site; subsequent reports include an Aboriginal Cultural Heritage Assessment Report (ACHAR) and a Historical Archaeology Report. These reports informed and supported applications for an Aboriginal Heritage Impact Permit (AHIP) and a Section 139(4) Exception, both of which have been granted by the NSW Department of Planning, Industry & Environment.

Attachments

1. Confidential Attachment RFT 31/20 Boating Facility Upgrades - Bermagui and Kalaru (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.

Council 24 June 2020

Item 11.4

11.4. RFT 20/20 Reservoir Renewals

This report details the outcome of evaluation of Tender RFT 20/20 for Reservoir Renewals and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations as outlined in the confidential attachment.

2. That Council accept the tender from< xxx> in relation to the contract for the works described in Tender RFT 20/20, in the amount of <$(including GST)> , subject to variations, provisional sums and prime cost items.

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

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

Executive SummaryRFT20/20 Reservoir Renewals was called for the rehabilitation of five (5) concrete water storage service reservoirs identified as showing signs of deterioration by Water and Sewer operational staff, or simply aged. Rehabilitation works will consist of a combination of minor crack repairs, major crack repairs, joint repairs and structural repairs, where required.

Background

W&SS maintain 50 concrete storages of various dimensions, criticality and age. Recently 8 reservoirs were identified as showing signs of deterioration. Condition Assessments were undertaken by qualified concrete specialists, resulting in 5 reservoirs suitable for external concrete rehabilitation.

1	High Street Reservoir (square)	Headworks reservoir for entire Bega-Tathra system
2	South Bega Reservoir (rear)	3871 downstream connections including Belmore street and Mogareeka connections
3	Belmore Street Reservoir	2121 downstream connections
4	Wolumla Reservoir	180 Connections
5	Mogareeka Reservoir	38 Connections

Rehabilitation of these reservoirs is essential works to extend the expected life of these structures. Works will reduce risk of reservoir failure and ensure a quality water supply is maintained to 4051 connected properties.

Tenders were called on Vendor Panel market place on 12 March 2020. A mandatory site visit was scheduled for 1 April 2020, but due to COVID-19 the tender was suspended on 24 March 2020. The tender was reactivated 28 April 2020. A mandatory site visit was attended by 5 contractors. Submissions were received from 3 contractors.

· National Concrete Solutions (NCS)

· FITT Resources

· McElligott Partners

The tenders were evaluated according to price (40%) and non-price (60%) criteria.

Evaluation Criteria
Criteria	Weighting
Price	40%
Proposed construction arrangements, including site establishments and traffic management plan	17%
Construction program	5%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy	3%
Experience completing similar projects	15%
References	5%
Work health and safety, quality and environmental management qualifications& experience	5%
Demonstrated capacity to undertake a project of this scale	5%
Total	100%

Financial and resource considerations

The works are currently budgeted within Council’s Water Asset Renewals budget allocation

Legal /Policy

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

Attachments

1. Confidential Attachment to report RFT 20/20 Reservoir Renewals (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.

Council 24 June 2020

Item 11.5

11.5. Tathra Community Gardens tenure

Council approval is being sought to offer Far South Coast Landcare Association formal tenure over Tathra Beach Reserve (R79310) being part lot 273 DP 821413 at Andy Poole Drive, Tathra for establishment of a community garden.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a five-year licence with an option for a further five years to Far South Coast Landcare Association for occupation of Tathra Beach Reserve (R79310) for establishment of a community garden, for the Crown Lands minimum annual licence fee increased annually by CPI.

3. That Council make an application to NSW Department of Industry – Lands and Water pursuant to section 2.14 of the Crown Land Management Act 2016 (NSW) for the additional reserve purposes of community purposes to be added to Tathra Beach Reserve (R79310) to enable use of the reserve for a community garden.

4. That Council authorise the General Manager and Mayor to execute the necessary licence documentation to provide tenure.

Executive Summary

A development consent has recently been issued for establishment of a community garden on Tathra Beach Reserve (R79310) and formal tenure of the site needs to be progressed to enable the conditions of consent to be met.

Background

Council officers were approached in June 2018 by a community group wishing to establish a community garden in Tathra. Council resolved at its Ordinary Meeting of 12 December 2018, when considering various Community Project Proposal applications as follows:

That the proposal for the Tathra Community Gardens has in principle support, subject to working through land tenure approvals and requirements relevant to the use of the site.

Following the Resolution of Council, a development application for establishment of the community garden was lodged with Council on 18 December 2019. The application was assessed with development consent 2019.440 issued on 3 June 2020.

In accordance with Council’s management of leases and licences procedure all community organisations who wish to lease or licence Council owned, or managed land or buildings are required to provide a Certificate of Incorporation issued by the NSW Department of Fair Trading. Therefore, Far South Coast Landcare Association have offered to support the Tathra Community Garden group in establishing a suitable tenure arrangement.

A diagram of the approved location for the community garden appears below for the information of councillors.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers to grant tenure to Far South Coast Landcare Association for occupation of reserve (R79310) and resolve accordingly.

2. Carry out a public expression of interest process for the use of the reserve. Noting the recently issued development consent 2019.440 for use of the reserve for this purpose.

3. Maintain vacant possession of the reserve for Council purposes. Noting this option will prohibit the group from complying with the conditions of development consent.

Community Engagement

Consultation undertaken

Prior to lodgement of the development application, the Tathra Community Garden group undertook consultation with Council officers from Planning, Property and Recreation Services. Consultation was also undertaken with the Bega Local Aboriginal Land Council, who were supportive of the proposal.

The applicants lodged a Community Project Proposal application with Council on 14 October 2018, with letters of support from the Red Cross Recovery and Preparedness Officer – Tathra Region, Sapphire Coast Producers Association Inc, Tathra Beach Bowling Club (since rescinded), Far South Coast Landcare Association, the Chaplain of the Tathra Anglican Church and Mayor Kristy McBain.

Ms Sylvie Mester, on behalf of the Tathra Community Garden, addressed Council at its 12 December 2018 meeting.

On receipt of the development application, the proposal was notified to the adjoining land owners for a period of 14 days from 22 January 2020 to 6 February 2020. Nine submissions were received, plus a letter rescinding the support of the Tathra Beach Bowling Club.

The application was amended to address the concerns raised, and a new, smaller site further away from the Tathra shops but on the same parcel of land was nominated as a possible suitable location. The new site plan was provided to all submitters plus the Tathra Beach Bowling Club for comment.

Crown Lands have also been consulted about the proposed development and have provided their formal consent on the basis that Council makes application to have Community Purpose declared as an additional purpose for Reserve 79310 before works commence on the community garden.

Council officers have discussed the tenure options with representatives from the Tathra Community Garden group in consultation with the Bega Valley Bridge Club group who occupy the adjoining Green Shed building in Tathra. Following discussions, it is considered appropriate to offer the Tathra Community Garden group with the same tenure Bega Valley Bridge Club have just been granted for use of the Green Shed building being a five-year licence with an option for a further five years, so both groups have tenure for the same period.

Consultation Planned

Council officers intend to issue a five-year licence agreement with an option for a further five years, therefore in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant a licence, in respect of community land for a period exceeding five years, it must:

· Give public notice of the proposal (including on the Council’s website), and;

· Exhibit notice of the proposal on the land to which the proposal relates;

· Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and;

· Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Council consideration of input

It is noted that section 46A(3) of the LG Act provides that a lease or licence for a term exceeding five years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation. Therefore, to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the proposed licensee was appropriate in this instance.

For the following reasons, a tender process would not be considered beneficial:

1. Development application 2019.440 for establishment of a community garden has been issued over the site and a tenure arrangement is integral to enable the proposal to proceed;

2. The proposed licence agreement is to be granted to a not-for-profit community group who have a voluntary management committee comprising of local representatives;

3. The establishment of the community garden does not impact on the community’s ability to use and enjoy the reserve as it will be open to the community;

4. The proposed community garden will provide an important social activity for members of the local community by providing a space for people to come together and build community connectedness, resilience and well-being through the creation of a not-for-profit, shared food production garden;

5. The demand for community land within the Tathra area is considered low, with the costs involved in carrying out a market testing/pubic competition process uneconomical in this situation;

6. The reserve is under a native title claim and an assessment has been progressed for the community garden proposal. It has been determined that the construction of a community garden on the site will affect native title, however, the act impacting reserve 79310 will comply with the applicable provisions of the Native Title Act 1993 being valid future acts under section 24JA. Notification was given to NTS Corp on 12 September 2019 and the notification period expired on 10 October 2019 with no comments received; and

7. Council officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed.

It is noted that on 2 August 2018 lots 272 and 273 DP 821413 were exercised from Aboriginal Land Claims 42488 and 42623 lodged over Tathra Beach Reserve (R79310).

Financial and resource considerations

A market rental assessment was commissioned by Council officers in June 2020 which indicates a starting rental figure in the order of $800 plus GST per annum, however as the licence will be for land only purposes and the group are a not-for-profit community organisation, it is considered likely that the rental will be in line with the Crown Land minimum fee which is currently set at $557.70 once an application for rental rebate in line with Council’s Rental Assessment and Rebate Procedure has been submitted.

In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

Council officer time has been required to consult with the licensee and Crown Lands regarding the proposed tenure agreement. Ongoing management of the licence during the term will also need Council officer resources as required.

Legal /Policy

Council’s ability to licence Council Managed Crown Reserves as community land is authorised by section 3.22 of the Crown Land Management Act 2016 (NSW) (CLM Act), which requires the preparation of a community land Plan of Management (PoM), adopted by Council, to authorise the occupancy and use agreement. However, Council Crown Land Managers are exempt from the operation of the CLM Act during the initial transitional period of three years and prior to the preparation of a PoM to enable transitional security and the operation, management and use of tenures. In accordance with clause 70(2)(d) of the Crown Land Management Regulations 2018 (NSW) new licence agreements can be issued to community groups over pre- PoM Crown Land, for a term not exceeding 21 years.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing the reserve to be occupied as a community garden if the use is authorised by way of a formal licence agreement which contains appropriate indemnity and insurance clauses.

Council officers have undertaken a Native Title assessment and sent notification to NTS Corp regarding the proposed new licence as it may affect Native Title interests in the reserve. When exercising powers provided by the transitional arrangements under the CLM Act, Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that the proposed licence complies with the Native Title Act 1993 (Cth).

Attachments

Nil

Council 24 June 2020

Item 11.6

11.6. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 3 June 2020.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 3 June 2020 to be tabled at the 24 June 2020 Council meeting.

Coast to Kosci 240km Ultramarathon 4, 5 and 6 Dec 2020

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing Friday 4 Dec 2020 5.30am at Boydtown Beach and finish at 3.30pm on Sunday 6 Dec 2020 at Charlottes Pass. This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event Coast to Kosci is held in the highest regard amongst the running community, both nationally and internationally. The Australian Ultra Runners Association (AURA) has endorsed the 2020 Coast to Kosci subject to all formal approvals being received. A copy of the submission is attached.

It is recommended:

1. That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2. That the proposed arrangements involving road crossings be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

3. The event organisers liaise with local road authorities regarding the availability and safe use of some of the proposed routes due to roads and trails being affected by the recent bushfires.

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

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

6. That organisers have approved, and current public liability insurance of at least $20 million, indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event and must be provided to the Local Traffic Committee prior to the event being held.

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

8. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

9. That event organiser liaises with public transport operators.

Please follow link for Submission: https://begavalley.nsw.gov.au/page.asp?f=RES-JVN-72-66-37

Accessible car park, Bruce Steer Pool

We have received a design layout of the Bruce Steer Pool Accessibility upgrade, which includes:

1. Propose to line-mark car parking including two accessible car spaces as per the attached concept.

2. The new amenities building (item 7 on the attached) and new concrete paths (item 2 on the attached) have been constructed recently. Note path areas were adjusted during site set-out to reduce the amount of concrete going into the reserve. All new concrete paths and cross-overs are accessible and the intention of the proposed accessible car parking is to serve the new amenities building and concrete pathways through the reserve.

It is recommended:

Council approve the installation of two accessible car spaces and shared zone in the car park, adjacent to the Bruce Steer Pool at Bermagui in the location as indicated on the draft concept plan.

Please follow link for Draft plan: https://begavalley.nsw.gov.au/page.asp?f=RES-ZDM-47-32-03

Accessible car park, Bermagui River car park

We have received a design layout of the Bermagui River Boat Ramp upgrade, which includes:

1. New construction works include installation of a reinforced concrete boat ramp, installation of a floating pontoon and formalising the current car/trailer parking area.

2. The path of travel from the accessible car park to the boat ramp is intended to be on an accessible grade; although the boat ramp itself is on a 1:7 grade.

It is recommended:

Council approve the installation of one accessible car space and shared zone adjacent to the Bermagui River car park at Bermagui in the location as indicated on the draft concept plan.

Please follow link for Draft plan: https://begavalley.nsw.gov.au/page.asp?f=RES-BVZ-38-23-04

Executive Summary

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

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

Attachments

Nil

Council 24 June 2020

Item 11.7

11.7. EOI 43/20 Central Waste Facility Cell 4 Construction Civil Works

This report details the outcomes of the evaluation of Expression of Interest 43/20 for the Central Waste Facility Cell 4 Construction Civil Works, recommends a shortlist of civil contractors to be invited to tender for the works, and requests delegation of authority to the General Manager for the select tender process and award of the tender.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the tender evaluation panel’s recommended shortlist, as outlined in the Confidential attachment circulated separately to Councillor’s.

2. That authority is delegated to the General Manager to undertake the select tender process, award the tender and execute all necessary documentation.

3. That the other EOI tenderers not shortlisted be advised of Council’s decision.

Executive Summary

This report provides the project background and further considerations including a financial summary and strategic document alignment with respect to the Expression of Interest (EOI) process carried out for the civil construction of cell 4 at the Central Waste Facility (CWF).

The CWF cell upgrade programme has been brought forward due to fire affected material disposed of at the site.

Background

The bushfires events of Summer 2019-20 have generated a significant amount of additional waste from across the Shire. Until 1 June 2020, bushfire waste has been deposited in Cell 3 at the Central Waste Facility (CWF), being the only operational landfill cell in the Bega Valley Shire. This cell was already at approximately 75% capacity, and with the additional bushfire waste is estimated to reach its design capacity in approximately 4 months. Even with the new Emergency Cell now operational at the CWF, the remaining capacity and life of Cell 3 has been significantly reduced.

A new lined landfill cell, Cell 4, therefore needs to be constructed as soon as possible, to meet the Shire’s ongoing municipal and non-bushfire waste requirements. The 2011 EIS proposed development of 6 cells at the site. Council have received recommendation through a design options analysis to divide the remaining footprint into 2 cells; Cells 4 and 5. These two cells are expected to each have a storage capacity greater than 270,000 cubic meters. The footprint of cell 4 will be three times the area of cell 3.

The detailed design and specification for Cell 4 is well advanced but will not be finalised in time to allow a full tender process to align with Council meeting dates. Delaying the process until the subsequent scheduled Council meeting will result in Cell 3 reaching capacity prior to Cell 4 construction being completed, based on current survey and calculations.

A two-stage tender process of Expression of Interest (EOI) followed by select RFT process is therefore being undertaken to provide an open and transparent procurement process, while working in with Council’s meeting schedule, in order to achieve the optimum award date for these works to commence as soon as possible.

The EOI was issued through Vendor Panel on 28 May and closed on 9 June 2020. The Tender Evaluation Panel evaluated and shortlisted the submissions, principally on contractor’s experience and capacity to undertake the works as outlined in the confidential memo provided separately to Councillors.

Subject to Council resolution it is proposed to proceed to select tender, to the recommended shortlisted contractors, on 25 June 2020, closing on 9 July 2020. The Tender Evaluation Panel will evaluate the submissions, principally on cost and program, and produce a confidential Tender Evaluation Report with a recommended contractor. Delegation of authority to the General Manager for award of the Tender, based on the Panel’s recommendation will enable contract award by 13 July 2020 to allow the construction of the new cell to proceed.

Financial and resource considerations

The proposal to divide the remaining footprint into 2 cells will achieve overall cost savings.

Funding source		Amount
Waste Fund	$	1 Million

Legal /Policy

The two-stage tender process proposed complies with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Total waste to landfill has increased from approximately 19,000 tonnes in 2012 to 27,000 tonnes in 2017. The 2019-2020 Bushfires have resulted in the generation of approximately 120,000 cubic meters of waste within the Shire, of which approximately 22,000 cubic meters went into Cell 3. The growth in waste to landfill is being driven by commercial, industrial, construction and demolition waste generation. As detailed within the 2017 Asset Management Plan, the landfill will require replacement in approximately 2030, subject to introduction of measures to reduce rates of landfill.

Construction of Cell 4 is scheduled in the Waste Asset Management Plan as an activity in the 2021/2022 waste capital works programme. The project is being brought forward to commence in 2020/2021 for the reasons detailed above.

Economic

The costs for the project can be well estimated based on the actual costs incurred for Stages 1, 2 and 3, and have been budgeted for accordingly, in the long-term waste capital works programme.

However, it should be noted the waste capital works programme is effectively being compressed into a shorter timeframe due to landfilling rates, and cell 4 budget was for a conceptual cell size three times smaller in area than what will be constructed.

Although there are cost savings in reducing the number of cells constructed, the effective acceleration of landfill capital expenditure represents a far more significant cost in the long term.

Risk

The most significant risk is failing to complete Cell 4 construction by the time Cell 3 is at capacity. The process has been fast-tracked wherever possible, since the bushfires impacted the Shire, however the program has numerous critical path activities, and no float. Weather is another factor outside Council’s control.

Waste Services are currently investigating short-term options in the event Cell 4 is not completed in time.

Attachments

1. Confidential Attachment to report EOI 43/20 Central Waste Facility Cell 4 Construction Civil Works (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.

Council 24 June 2020

Item 11.8

11.8. RFT 40/20 Lake Street Shared Path Project - Construct Only Contract

This report details the outcome of evaluation of Tender 40/20, Lake Street Shared Path – Construct Only and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations as outlined in the confidential attachment.

2. That Council enter into contract with < xxxxx> based on its tender submission for the value of <$xxxx>.

3. That authority is delegated to the General Manager to enter negotiations with the successful tendered <xxxx> with the view to further value engineer alternative handrail options as requested in the tender documentation.

4. That authority is delegated to the General Manager that any underspend at the end of the construction is reallocated to design and/or construction of project additions with the intent to improve the overall project outcome.

5. That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 40/20; and

6. That the tenderers be advised of Council’s decision.

Executive SummaryThis report relates to the evaluation of the Request for Tender (RFT) for the construction of 900m of shared path connecting Cliff Street with the access of Bar Beach via Lake Street.

Background

The Lake Street Shared Path project was put on hold in June 2019 as the pretender estimate for the value of the construction contract ($3.14m) was significantly greater than project funding ($2.0m) (refer Council resolution 68/19; Council meeting 05/06/19).

In March 2020 Council staff were informed the application for additional $1.74m in funding had been successful. This takes total value of funding to $3.74m.

Council have undertaken additional community engagement, finalised the design and obtained necessary approvals prior to issuing the RFT in May 2020.

For a summary of the design issued to market refer Figure 1.

Figure 1Project schematic

Tender

The RFT 40/20 for the construction of Lake Street Shared Path was issued as an open tender via Vendor Panel. Tender details are contained in Table 1.

Table 1 RFT Details

RFT Information	Detail
RFT Issued	Fri 15 May 20
RFT Closed	Wed 10 Jun 20
Tender Period	3 weeks 5 days

Financial and resource considerations

The additional asset of the shared path will have an increased maintenance cost to Council into the future. Information from the project team will be provided to Council’s Assets Team to be incorporated into future budgets.

Table 2 Funding

Funding source		Amount
NSW Government 2017-18 Active Transport Program: Lake Street Shared Path	$	3,740,000

Legal /Policy

The tender process complied with the Local Government Act 1993.

The project must be delivered in accordance with the NSW Government 2017-18 Active Transport Program Funding Deed and must meet the NSW Government Walking and Cycling Program Guidelines 2018-19 for Shared Pathways.

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

A Review of Environmental Factors (REF) has been prepared for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

Economic

The proposed bike path has the potential to:

· Provide an economic impact through jobs creation

· Result in a possible increase in visitor numbers to the area.

Risk

The project has already been the subject of a substantial value management exercise with stakeholders to reduce the scope to what was hoped to be attainable within the available budget.

Social / Cultural

The project will provide social and health benefits for the broad community, with the focus on accessibility also providing increased amenity and access to the Bar Beach/Rotary Park for people with disabilities.

Attachments

1. Confidential Attachment to report RFT 40/20 Lake Street Shared Path – Construct Only (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.

Council 24 June 2020

Item 12.1

12.1. Classification of land at Merimbula

This report seeks approval to classify Lot 233 DP 1263284 as operational land under the Local Government Act 1993 (NSW) and release the restriction on the use of land benefiting Bega Valley Shire Council.

Director Assets and Operations

Officers Recommendation

1. That Council note the 28-day public notification process was completed regarding the proposal to classify Lot 233 DP 1263284 off Sapphire Coast Drive at Merimbula as operational land, with no submissions received.

2. That Council resolve to classify Lot 233 DP 1263284 off Sapphire Coast Drive at Merimbula as operational land under Section 31 of the Local Government Act 1993 (NSW).

3. That Council delegate authority to the General Manager to execute the necessary documentation to release or extinguish the restriction on the use of land benefiting Bega Valley Shire Council for Lot 233 DP 1263284.

Executive Summary

The public notification process to classify lot 233 DP 1263284 off Sapphire Coast Drive at Merimbula as operational land has just been complete as required under the provisions of the Local Government Act 1993 (NSW) (LG Act) and a resolution of Council is now sought to finalise the classification process.

Council approval is also being sought to release the restriction on the use of land benefiting Bega Valley Shire Council for Lot 233 DP 1263284 to enable an unencumbered transfer to proceed.

Background

Council resolved, at its Ordinary Meeting of 7 August 2019, when considering its position on the proposed Merimbula service road extension as follows:

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

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

3. That the Mayor and General Manager be authorised to execute all necessary documentation including any minor modifications to the draft deed as required.

A further report was presented a Council’s Ordinary Meeting of 20 May 2020, in relation to classification of the area of part lot 123 DP 1250503 being acquired by Council as operational land. Council resolved, to commence a public notification process to classify the new land parcel being lot 233 DP 1263284 as operational land under the LG Act.

The Plan of Subdivision was registered on 29 May 2020 and in accordance with the Deed of Agreement that was finalised and executed on 21 November 2019, lot 233 DP 1263284 can now be transferred to Council.

The parent lot 123 DP 1250503 was subject to a restriction on use of land benefiting Bega Valley Shire Council to ensure the terms of the voluntary planning agreement between Bega Valley Shire Council, Merimbula Nominees Pty Ltd and Merimbula Imlay Bowling Club Ltd dated 22 July 2015 were met. This restriction has carried over to the newly created parcels of land, therefore to enable an unencumbered transfer of lot 233 DP 1263284, Council approval is being sought to release the restriction on use of land.

To comply with the requirement that classification should occur within three months of acquisition under Section 31 of the LG Act, a resolution of Council is also now sought to classify lot 233 DP 1263284 as operational land.

Community Engagement

Consultation undertaken

Regulations have been made under section 747B of the LG Act to temporarily modify the application of the Act in response to the COVID 19 pandemic. The amendments have been made to remove the requirement for Council notices to be advertised in newspapers and instead allow the relevant notice to be published on the Council’s website. This is not a temporary measure and will be ongoing.

Because of the amendments, the public notice advertisement regarding the proposed classification of Lot 233 DP 1263284 off Sapphire Coast Drive at Merimbula appeared on Council’s website with the submission period closing on Friday, 19 June 2020. No submissions were received objecting (or otherwise) to the proposal.

Financial and resource considerations

There are no ongoing servicing costs associated with the classification of acquired land.

Council officer time has been required to carry out the land classification process and ongoing management of any future uses of the site may be required.

Legal /Policy

Section 31 of the LG Act provides that property must be classified within three months of acquisition by Council resolution or it automatically defaults to community land. Section 34 of the LG Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.

Attachments

Nil

Council 24 June 2020

Item 17.1

17.1. Water trunk mains

Question with Notice

On 20 May 2020, Councillor Dodds asked seven questions related to customers who are directly connected to trunk mains. This report provides a response including several significant customer service initiatives and a technical analysis.

Cr Dodds

Staff Response

1. FORM LETTER. Councillors were advised at the Council Meeting 05.02.2020 in response to a Question With Notice, that all 193 customers directly connected to the Trunk Mains, as part of their quarterly billings, regularly receive the alerts and warnings outlined in the form letter provided in the answer to that Question With Notice.

Can staff please provide Council the details of the electronic trail or other evidence that would confirm that this administrative policy and procedure has been and is followed?

The figure of 193 customers on trunk mains is incorrect as this number represents the number of customers on raw trunk mains. This explains the disconnect between the questions raised in this question with notice and the previous response from staff.

Council provides raw (untreated water) to 193 trunk customers. Each of these customers receives a letter quarterly warning them of the risks associated with their supply. Examples are attached.

Council also supplies chlorinated water to around 800 other customers connected directly TO trunk mains. This includes the area between Bega and Tathra.

We have failed to actively inform those customers of their status; i.e. chlorinated trunk main customers have never formally been told that they are trunk main customers, nor of the implications of that status.

This includes the case later referred to as Resident X and starts to explain the frustrations experienced by this customer. This report still concludes that the leaks were not the cause of Council’s water supply pressures, however significant changes are being made as lessons learned from the detailed questions received.

Could a reasonable person, on reading the form letter, be expected to understand that the water being delivered to the meter may vastly exceed the recommended safe pressures for domestic appliances, and risk high pressure leaks forming as a result of damage to domestic/residential water pipes?

We believe this could be clearer than it is. The letter focuses more on the variability of pressure which somewhat euphemises the issue, however all of the information is there.

New communications will be more direct, for example

Trunk water supplies are subject to:

· very high pressures which will damage your plumbing and appliances

· very low pressures which may stop supply and/or cause your appliances to run dry.

Council staff have instigated a campaign to improve this significantly, described further on.

2. POLICIES and PROCEDURES. What policies and procedures guide Council’s responsibilities and duty of care to ensure that the ratepayers/residents who receive their domestic water supply from the Trunk Main, both receive the form letter, and fully understand the health and pressure related risks associated with the BVSC water supply. In particular, the extremely high domestic water pressures (4 times the maximum allowable specified in the Australian Plumbing Code).

There is no written procedure to provide a trunk main customer with a letter. The procedure has been informally created and followed for the raw water customers with the letter being re-issued for every bill. There has been no development of procedure or practice for the issue of letters to trunk customers with disinfected water.

Noting that the plumbing code of NSW (being AS 3500.1) specifically deals with internal plumbing, not utility side plumbing, and for this reason states:

“The maximum and minimum pressure for the water main serving the property may be obtained from the utility responsible for the supply of water.”

The Water Supply Code of Australia (being WSA 03) specifically deals with utility side requirements and is the appropriate code to align with.

WSA 03 (2002) code nominated 80 m as a desirable maximum pressure but left it to the Water Agency to nominate. The WSA (2011) update reduced this desirable maximum to 50 m pressure, whist still allowing the Water Agency to nominate another pressure. This represents a major change to a water network designed and built over the last 100 years and can only be applied to new developments. Both versions indicate that trunk mains may be up to 350 m pressure. The latest code (August 2018) indicates that:

“Transfer mains and those distribution mains that do not supply directly to consumers may operate at higher pressures than reticulation mains e.g. up to 3500 kPa (350 m head). An operating pressure limit may be specified by the Water Agency.”

“Where a transfer or distribution main supplies directly to the reticulation system, the maximum allowable operating pressure is set by the maximum service pressure and shall be as specified by the Water Agency…”

“AS/NZS 3500.1 requires that the maximum static pressure at any outlet, other than fire service outlet, within a building does not exceed 500 kPa.”

“…it may be necessary for privately owned PRVs to be installed on individual water services to limit the maximum pressure…”.

“In some cases the property Owner may be required to install a storage tank and an on-property pressurising system.”

Effectively this places the onus for compliance in the case of trunk mains onto the property owner.

Our Strategic Business Plan Table 4-1 nominates the levels of service we provide for water supply as the Water Agency under the Water Supply Code of Australia.

Description		Level of Service
Minimum water pressure at the property boundary	in urban areas	20 m
Minimum water pressure at the property boundary	non- urban areas (trunk main connected properties)	No guarantee
Maximum water pressure at the property boundary	in urban areas	90 m
Maximum water pressure at the property boundary	non- urban areas (trunk main connected properties)	No guarantee
Response times for unplanned water interruptions	in urban areas	30 minutes
Response times for unplanned water interruptions	non- urban areas (trunk main connected properties)	No guarantee
Peak day water availability	in urban areas	2,000 L
Peak day water availability	non- urban areas (trunk main connected properties)	No guarantee
Microbial and chemical compliance	Non- urban areas (trunk main connected properties)	No guarantee

Table 4-1shows that water supply service provision to existing trunk main customers is at a different Level of Service with respect to:

- Water pressure. Water pressures to properties with a connection to a trunk main cannot be guaranteed because pressures vary due to topography along trunk main routes and cannot be reduced without compromising the transfer capacity to urban centres. Pressures will also vary to different extents when town service reservoirs draw water from the trunk mains and/or when booster pumps operate.

- Water availability. The continued supply of water to properties with a connection to a trunk main cannot be guaranteed due to the absence of storage reservoirs. Trunk main customers are encouraged to provide on-site storage tanks to ensure a continued supply. Repairs to trunk mains in remote areas may take considerably longer to carry out than in urban areas

- Water quality. The supply of potable water to properties with a connection to a trunk main upstream of chlorination facilities cannot be guaranteed water because this water has not been subject to any form of chemical disinfection. The water at these locations is provided in its natural state

3. SECTION 149 CERTIFICATE. As required by the NSW Environmental Planning and Assessment Act 1979, does Council include a statement of the risks associated with the BVSC Trunk Water supply in the Section 149 Certificate, at the point of sale and/or transfer of all/any of the 193 properties who receive their domestic water supply directly from the Trunk Mains.

Staff do not consider that it is a requirement of the NSW Environmental Planning and Assessment Act 1979 for this type of risk to be listed on a planning certificate. Schedule 4 of the Environmental Planning and Assessment Regulation 2000 identifies what is to be included in a 10.7(2) certificate (formerly s149(2)). Connection to a trunk main is not a listed matter for inclusion.

Under Section 10.7(5) of the NSW Environmental Planning and Assessment Act 1979, Council may include any other matters on a planning certificate. When requesting a ‘full’ planning certificate, usually referred to as a 10.7(2&5) certificate, the requester would receive both the compulsory information required for the 10.7(2) certificate and any additional information provided under s10.7(5). As additional fees are charged for the 10.7(5) information, is less popular than the 10.7(2) certificate.

Council could include information about direct connection to a trunk main on the 10.7(5) component of a planning certificate. To date it has not done so, as there are few requests for this information and most people wouldn’t acquire it for the extra fee.

4. In response to the experience of Ratepayer X, what policies, processes and procedures has Council changed to address the identified potential significant financial costs and health risks to other Trunk Mains ratepayers?

Council are developing a new communications campaign focussed on ‘plain English’ and targeting the occupant as well as the account holder. Postcards will be sent to occupants several times a year, initially, and a new website resource developed to explain why the issue matters.

Using the representation of BVSC on the Water Directorate Executive Committee, staff voted for the Water Directorate to prioritise the development of state-wide guidelines on the best-practice management of legacy trunk customers and the conditions under which we would accept new connections. We are likely to adopt this standard as our own and will update Councillors at that time.

5. Given the experiences of Ratepayer X, What options are available to Council to permanently prevent the problems and ongoing potential risks to the health and damage to the domestic pipes and appliances of the 193 BVSC ratepayers directly affected by this historical water supply practice which ceased approximately 10 years ago, in recognition of these ongoing problems?

Although this practice ceased in Bega Valley around 10 years ago it did not cease in all of Australia. Staff are of the view that allowing connections to trunks may be the least cost option in the long run under strict conditions. These conditions will be based on the to-be-developed Water Directorate guide and will include requirements for conditions like easements, backflow prevention, on-property storage, allowable maximum distance, and clear communication on the risks associated with raw and trunk connections.

Council could develop more detailed plans on how customers can arrange plumbing to remove this risk from their property. We could also contribute a one-off $500 rebate for completing the works.

In addition, we can continue to work on improving our communications using opt-in messaging for trunk customers to inform them of known and reactive maintenance and dirty water events likely to affect their water supplies, as well as the other letters and communication improvements around this issue.

Staff recommend that the Water Directorate guideline is considered before adopting any particular strategy other than communications.

6. The process of addressing Resident X’s complaint has been lengthy, involved contradictory information being supplied by council staff, and caused Resident X great distress, including the financial hardship imposed by the excess water charges.

How will Council’s complaint resolution process be improved/made fairer and more consistent to avoid the difficulties that were imposed on this resident?

Staff have noted this frustration which has been experienced in several scenarios over the last year or so, partly due to turnover of responsible officers in Water and Sewer Services Management (W&SS).

We have now developed a W&SS bill decision review framework, copied below. This framework ensures that repeated requests are given the chance to be caught by increasingly senior decision reviewers.

This escalation pathway reduces the burden on more senior reviewers to respond, which gives them more time overall to understand more complex reviews. This burden can occur when customers escalate requests too quickly either through answer-shopping or more commonly a lack of a clear decision-review pathway to follow.

The framework also ensures reviews pass through a technical check. Many issues do not appear to be technical at first glance but later prove to be.

This framework ensures that our customers experience equal treatment and do not get a different answer depending on who they ask. Until now reviews have been handled by a wide range of staff including W&SS Admin, W&SS Meter Reading Officer, W&SS Development Engineering, Revenue team, Finance team, W&SS Operations, Director B&G, Director A&O and General Manager.

This framework will funnel repeat questions through the same channels. A consistent review process could have caught that Resident X did not ever receive a trunk letter. Without a clear framework the response moved between officers which meant that this key fact did not get properly appreciated.

Staff note that the reason for the confusion for Resident X may have been unavoidable, even under this framework.

Despite all the information above, Council engineers note that the cause of the leak is still not due to the trunk main connection in this case.

· South Bega Balance Tanks supply Resident X and have a top water level of 115 m AHD.

· Resident X’s meter sits at 30 m AHD.

· The total head is 850 kPa (85 m) maximum possible.

· This was measured on site on 2 June 2020 and showed a pressure of 850 kPa, (being 85 m) consistently over a 10 minute period

· This is not a pumped line, so the pressure cannot be higher than 850 kPa at the meter under any circumstance.

· The level of service for our urban customers is a pressure of no more than 900 kPa (90 m), and so this pressure is around the same as many of our customers in Merimbula, Eden and other urban areas.

7. How many excess water bills does BVSC issue each year? How many of these are associated with the Trunk Main supply? Is the rate of excess water bills issued to Trunk Main customers, equivalent to the rate of those issued to non Trunk Main customers?

To be granted leniency, the leak has to be substantial; more than 3 times the regular usage for the same period over three years, or 2 times for pensioners. Also, the leak has to result in an excess of 100kL consumption.

In the past 24 months to June 2018, there has been approximately 148 requests for leniency due to undetected leaks. 20 of these requests have been for trunk customers and 128 for reticulated mains customers.

Of the 128 mains customers, 85 were granted leniency under the current procedure indicating the leak was excessive. Of the 20 trunk customers, 17 were granted leniency using the same procedure.

To answer this question, officers have had to assume a trend that all ‘excess bills’ are accompanied by a leniency request. Based on this assumption, staff have found that around 10 trunk customers and 64 urban customers contact Council each year applying for leniency of excess water bills.

With around 1,000 Trunk customers (staff are working on an exact number) and about 12,000 non-trunk customers this works out to be about 1.0% rate for trunk customers and about 0.5% rate for non-trunk customers.

This implies that the likely leak rate is about double for trunk customers, as we would expect and; is the reason why we recommend a break tank and pressure pump for on property plumbing and appliance protection.

Attachments

1. Examples of 2 customer bills over the last 6 cycles (Confidential - As this attachment contains a discussion in relation to the personal hardship of a resident or ratepayer as per Section 10A(2)(b) 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 resident or ratepayer information and would also impact Council’s position in relation to its consideration. 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 personal hardship of a resident or ratepayer.

Council	24 June 2020
*Item 8.1 - Attachment 3*	Staff response to key issues raised in submissions

Council	24 June 2020
*Item 8.2 - Attachment 1*	Burning Off in Open Areas Policy

Council	24 June 2020
*Item 8.2 - Attachment 2*	Draft Burning Off in Open Areas Policy

Council	24 June 2020
*Item 8.2 - Attachment 3*	Summary of Submissions

Council	24 June 2020
*Item 10.1 - Attachment 1*	2020.06.24 Attachment 1 BVIH Overview Report June 2020

Council	24 June 2020
*Item 10.1 - Attachment 2*	2020.06.24 Attachment 2 BVIH Educate Program Outcomes

Council	24 June 2020
*Item 10.1 - Attachment 3*	2020.06.24 Attachment 3 BVIH Phoenix Stabilise Report

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 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

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

24 June 2020

Staff Reports –Planning And Environment

24 June 2020

8.1. Outcome of the Exhibition of the Draft Local Strategic Planning Statement

Officer’s Recommendation

Attachments

Council

24 June 2020

Staff Reports – Economic Develoment and Business Growth

24 June 2020

Council

24 June 2020

Staff Reports – Infrastructure Waste And Water

24 June 2020

Council

24 June 2020

Staff Reports – Governance And Strategy

24 June 2020

Confidential Business

Adjournment Into Closed Session

Recommendation