Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Via Zoom on
Wednesday, 5 August 2020 commencing at 2:00pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Sharon Tapscott, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

Cr Liz Seckold

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager, Communication and Events, Mr Ian Campbell

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Minute Secretary, Mrs Bec Jones

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflictions of interest.

Agency advice     

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting. 

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified.  Declarations are made at Item 3 of the Agenda: Declarations -  Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject

 

Pecuniary Interest

 

   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

NB:  Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.


Council

5 August 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 22 July 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

 

Nil Reports

9       Staff Reports – Community, Culture and Leisure

 

Nil Reports

10   Staff Reports –Economic Development and Business Growth

 

10.1              Bega Valley Roundtable - The Global Foundation...................................................................... 8

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Proposed divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui................ 12

11.2              Acquisition of easement for water supply at 2529 Princes Highway, Millingandi............. 20

11.3              Road closure - Central Waste Facility......................................................................................... 78

11.4              Barclay Street Eden Sportsground Masterplan........................................................................ 82

12   Staff Reports – Governance and Strategy

 

Nil Reports

13     Staff Reports – Finance

 

13.1              Sportsgrounds Fees and Charges Relief..................................................................................... 99

13.2              Levying of Councils Rates and Charges.................................................................................... 102

 

14     Councillor Reports

 

15     Rescission/alteration Motions

 

16     Notices of Motion

 

17     Questions with Notice

17.1              Bus Stop - Corner Merimbula Drive and Sapphire Crescent................................................ 105

 

18     Questions without Notice

18     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 106

              

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

5 August 2020

 

 

Staff Reports – Economic Develoment and Business Growth

 

5 August 2020

  

10.1            Bega Valley Roundtable - The Global Foundation................................................ 8


Council 5 August 2020

Item 10.1

 

10.1. Bega Valley Roundtable - The Global Foundation     

The Global Foundation is hosting its first, online Regional Roundtable focussing on resilience and recovery for a sustainable future using the Bega Valley as the location for its first Regional Roundtable.

General Manager  

Officer’s Recommendation

That Council notes the upcoming Bega Valley Roundtable hosted by The Global Foundation focussing on recovery in a regional setting.

Executive Summary

The Global Foundation ( http://globalfoundation.org.au/who-we-are/) hosts Roundtables in global and major cities. Over the past 20 years, the Foundation has convened a series of Roundtable meetings in many capital cities around the world.

These discussions have brought together a cross-section of influential people who all agree to strive together for the global common good, with ‘cooperative globalisation’ as the model for action on many pressing world issues. In early 2020 the Foundation hosted a Roundtable in Sydney hearing from then Mayor Kristy McBain on issues facing regional and disaster impacted communities. The Foundation resolved to host their first regional roundtable in the Bega Valley.

The Bega Valley Regional Roundtable will be held online on Monday 10 August 2020.

Background

The Global Foundation reached out to Bega Valley Shire Council in late June to look at The Foundation hosting a Roundtable in Bega. Things were at that time improving in terms of reducing restrictions around Covid-19. Things have again changed and the Roundtable is now being run fully online.

 

The Bega Valley Roundtable is the next in a series of ongoing roundtable discussions about Australia’s national strategy and policies for the future, in a global context.

 

The Roundtable is convened by the non-profit citizens’ organisation, the Global Foundation and will be hosted online. It follows on from earlier roundtable discussions convened by the Foundation in Melbourne and Sydney over the past year, alongside its ongoing global roundtable discussions, such as in London and Paris in 2019 and in Rome this coming November.

 

The Bega Valley Roundtable discussion, will be opened with a message from the Governor General of Australia, who is also Patron in Chief of the Global Foundation.

 

Participation is free of charge, however prior registration will be necessary and a final confirmation will be sent in advance. Invitations have been sent to a wide range of organisations and Councillors. There is no limit to the number of participants.

 

 

It is the ambition of The Global Foundation that the Bega Valley Roundtable will serve two purposes:

·    To bring to bear the talents of figures of national and global influence to understand, support and, where possible, enable the Bega Valley to fulfil its future potential;

·    To ensure that the experience of trauma, resilience and recovery in the Bega Valley is able to influence wider thinking about a forward national strategy for Australia, in a global context.

 

There will an official opening, involving an Acknowledgement of Country; the Governor General (by video message); the Mayor of the Shire of Bega, Cr Sharon Tapscott; the Chairman of the Global Foundation, Ms Louise Watson; and other dignitaries. The majority of the meeting, to be held over 3 hours, will involve a series of speakers on panels, in moderated discussions, around the key themes that have been determined in advance consultations.

 

Key speakers will include:

·    The Governor General of Australia, The Hon. David Hurley AC;

·    The Mayor of the Bega Valley Shire, Cr Sharon Tapscott;

·    The Chairman of the Global Foundation, Ms Louise Watson;

·    The Chairman of BizRebuild, General the Honourable Sir Peter Cosgrove AK, CVO, MC;

·    The Member for Eden-Monaro, Ms Kristy McBain;

·    The New South Wales Minister for Transport and Roads, Member for Bega, Mr Andrew Constance;

·    Convenor of the Coalition of the Peaks, Ms Pat Turner AO;

·    Head of Environmental, Social & Corporate Governance for French asset giant Amundi, Mr Tegwen Le Berthe;

·    Bega Cheese Executive Chairman, Mr Barry Irvin;

·    National Coordinator National Bushfire Recovery Agency, Mr Andrew Colvin;

·    CEO of the Tourism and Transport Forum, Ms Margie Osmond;

·    Secretary of the NSW Department of Regional NSW, Mr Gary Barnes

·    International Director & Global Head of Business, King & Wood Mallesons, Mr Murray Prior;

·    Executive Chairman of GHD, multinational technical professional services firm, Mr Rob Knott.

A range of panels involving local business and other representatives will also be included with the key focus topics being

·    Lessons about resilience and recovery

·    Opportunities for sustainable economic growth linking local, national and global

·    Culture and knowing who we are; and

·    Where to from here.

 

A short, public report of the roundtable discussions will be produced and made widely available. The outcomes of the discussions will feed into the overall Australian national strategy project of The Global Foundation, bringing to bear a regional perspective based around the Bega Valley.

 

Those involved from the Bega Valley region may choose to continue to pursue initiatives and collaborations emerging from the roundtable discussions.

Financial and resource considerations

Council staff have supported The Global Foundation in identifying speakers and panel participants. Council staff will support some of the online presentation.

At the time of the publication of the Agenda, it is expected the contribution from Council would be approximately $2000.00.

This includes support for Audio Visual equipment and Room Hire.

The final contribution required will be provided to Councillors via memorandum prior to the meeting of 5 August 2020, to inform their consideration.

 

Funding source

 

Amount

General Managers community support

$

Approximately $2000.00

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Roundtable fits within the Recovery, Rebuilding and Resilience activities and provides an opportunity to ensure the Bega Valley community and economy is a real focus in the national and State agenda.

 

Attachments

Nil

   

 


Council

5 August 2020

 

 

Staff Reports – Infrastructure Waste And Water

 

5 August 2020

  

11.1            Proposed divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui 12

11.2            Acquisition of easement for water supply at 2529 Princes Highway, Millingandi 20

11.3            Road closure - Central Waste Facility.................................................................. 78

11.4            Barclay Street Eden Sportsground Masterplan................................................... 82


Council 5 August 2020

Item 11.1

 

11.1. Proposed divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui      

A formal request has been received for the purchase of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui.

Director Assets and Operations   

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui to the offeree for the amount as offered making no commitment to the purchaser to support any re-zone of the land parcel.

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

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

5.    That the offeree be advised of Council’s decision.

Executive Summary

A formal offer to purchase Lot 281 DP 1158995 at 137 Murrah Street, Bermagui has been received and Council’s consideration is requested to progress with divestment of the land parcel.  The request is in line with Council’s identified Land Divestment Strategy, with divestment removing this financial liability from Council.

Background

Council resolved, at its Ordinary Meeting of 13 March 2019, when considering its position on the proposed divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui as follows:

 

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

2.    That Council appoint a registered Valuer by competitive quotation process to provide Bega Valley Shire Council with a formal market valuation for Lot 281 DP 1158995 Murrah Street, Bermagui.

3.    That Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Bega Valley Shire Council’s interests in divesting Lot 281 DP 1158995 Murrah Street, Bermagui by public auction, private treaty or expression of interest.

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

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

 

Following the Resolution of Council, a competitive quotation process to engage IPN Valuers was undertaken and a formal market valuation was obtained which is attached for the information of Councillors.  The land parcel is currently zoned SP2 – Special Infrastructure.  Given the process to re-zone land parcels can be challenging and time consuming prior to exploring this option further and progressing a competitive quotation process to engage a suitably qualified Real Estate Agent to represent Council’s interests in divesting of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui, officers wrote to adjoining land owners seeking their interest in a direct negotiation for the purchase of the site to maximise any financial return to Council.  Council did not receive a response from the adjoining land owners but received the attached offer from a nearby landowner.

As outlined in the detail provided to Council at its Ordinary Meeting of 13 March 2019 there is an existing water tank and small shed located on the parcel. 

The offeree has provided Council with a formal market appraisal which is the basis of their offer.  A copy of that formal offer and appraisal is attached for the information of Councillors.

 

Options

The options available to Council are:

1.    Proceed with disposal of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui for the lower value offered with no commitment to support a re-zoning application for the land parcel and resolve accordingly.

2.    Proceed with disposal of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui for the higher value offered providing a commitment to support a re-zoning application for the land parcel and resolve accordingly.

3.    Decline to accept the offer received and advise the offeree of Council’s decision and advertise the property on the open market.

4.    Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui.

5.    Retain ownership of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui.

Community Engagement

Consultation undertaken

Council resolved at its Ordinary Meeting of 13 March 2019 to approve a request for quotation (RFQ) process to sell Lot 281 DP 1158995 at 137 Murrah Street, Bermagui.  Prior to conducting the RFQ process Council officers formally wrote to the adjoining land owner seeking their interest in a direct negotiation for the sale of Lot 281 DP 1158995.

Council did not receive a response from adjoining land owners but received the attached offer from nearby landowners.

Consultation Planned

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

Council consideration of input

The attached outlines the offer and basis for the offer.  It is noted that a slightly higher valuer has been offered if Council would support a re-zone of the land parcel.  To ensure Council as land owner maintains transparency with relation to its responsibilities as regulatory authority it is suggested that Council not be involved in any formal re-zoning application for the land parcel and proceed with the lower value offered.

Financial and resource considerations

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

All options above will have additional financial and resource implications.  A sale option will include additional officers' time and resources as well as the engagement of legal representatives and legal costs.  Costs involved in the proposed disposal of Lot 281 DP 1158995 will be offset against the proceeds of sale.

If Lot 281 DP 1158995 is retained by Council, Council’s financial liability for the land would be retained.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land.  Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset review- setting the framework for 2018/19 and into the refocus of the Long-Term Financial Plan).  Following the Resolution of Council, officers undertook a review of Council’s vacant operational land portfolio and Lot 281 DP 1158995 at 137 Murrah Street, Bermagui was identified as being suitable for divestment.

Economic

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

Risk

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

Attachments

1.         Council report 13 March 2019 Land Divestment Options - Lot 281 DP 1158995 Murrah Street, Bermagui

2.         Land Divestments Options Lot 281 DP 1158995 Murrah Street, Bermagui

3.            IPN Valuation report - Lot 281 DP 1158995 Murrah Street, Bermagui (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 would also impact Council’s position in relation to its consideration, therefore impacting the process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individuals

 

 

4.            Offer to purchase 137 Murrah Street, Bermagui (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 would also impact Council’s position in relation to its consideration, therefore impacting the process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individuals

 

 

5.            Market Appraisal - 137 Murrah Street, Bermagui (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 would also impact Council’s position in relation to its consideration, therefore impacting the process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individuals

 

 

 


Council

5 August 2020

Item 11.1 - Attachment 1

Council report 13 March 2019 Land Divestment Options - Lot 281 DP 1158995 Murrah Street, Bermagui

 

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Council

5 August 2020

Item 11.1 - Attachment 2

Land Divestments Options Lot 281 DP 1158995 Murrah Street, Bermagui

 

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Council 5 August 2020

Item 11.2

 

11.2. Acquisition of easement for water supply at 2529 Princes Highway, Millingandi       

Council approval is being sought to formalise the acquisition of an easement for water supply over private land at Lot 721 DP 826975 Princes Highway, Millingandi.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council enter into a formal Deed of Agreement with the landowners of Lot 721 DP 826975 at 2529 Princes Highway, Millingandi for the acquisition of an easement for Water Supply Pipeline.

2.    That all costs associated with the creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

3.    That Council register a proposed easement plan over Lot 721 DP 826975 at 2529 Princes Highway, Millingandi should the property sell prior to the registration of the attached plan of redefinition and easement for water supply included in the draft Deed of Agreement.

4.    That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement.

Executive SummaryIn consultation with the landowners of Lot 721 DP 826975 at 2529 Princes Highway, Millingandi it has been determined that Council water infrastructure is located within the private land parcel and no formal easement is in place to protect Council’s interest in the land.

An easement registered over decommissioned water infrastructure within the land parcel is also required to be released to remove unnecessary encumbrances on the private land parcel.

Background

The landowners of Lot 721 DP 826975 at 2529 Princes Highway, Millingandi contacted Council some time ago in relation to water supply infrastructure located within their property boundaries.  It was determined that a formal easement over the pipeline created by DP 505504 was registered noting Council as the benefiting authority.  However, upon investigation it was found the pipeline in the easement location was decommissioned and the new water supply pipeline is located outside the original easement location.

To formalise a new easement over Council’s infrastructure Veris were engaged to survey the water mains within the boundaries of Lot 721 DP 826975.  It was found that the land was originally surveyed and shown as Portion 18 on Crown Plan A10-1572 in 1857.  Since that date, repeated plans affecting the land only partially surveyed the boundaries along Boggy Creek.  The original plan indicated that the creek bank was the Portion boundary along the southern side of the creek.  It was found that the creek bank varied significantly from the plotted position copied from the original Crown Plan by up to 80 to 100m east along the base of and up a steep bank on the northern side of the waterway.  Without further survey evidence, following the original survey until road plan Ms4703.3040 was registered in 1956 (95 years later), Veris were unable to confirm if there was an error in the original survey or if the movement of the creek was by a sudden event resulting in a gross movement of the mid-section of the property. 

Conversely the movement of the creek boundary at the northern and southern ends of the property can, due to the local topography and survey evidence, be attributed to slow and imperceptible movement.  For this reason, the current location of the bank was required to be fully surveyed which demonstrated an ongoing erosion event.  During the survey a considerable area of accretion (about 2660m2) was identified at the northern end of the property.  As the plan impacted on the boundary of Boggy Creek in a significant manner it was necessary to seek approval from Department of Planning, Industry and Environment – Crown Lands for determination of that boundary to ensure the water supply easement could be accurately redefined within the land.

The plan of redefinition and easement for water supply intends to release the old easement created by Government Gazette dated 30 November 1962 Folio 3611 and create a new easement for water supply pipeline 5 wide.

Options

The options available to Council are:

1.    Proceed with the acquisition of an easement over Lot 721 DP 826975 at 2529 Princes Highway, Millingandi and registration of the plan of redefinition and easement for water supply for the purposes of protecting Council’s water infrastructure into the future; OR

2.    Advise the landowners that Council does not agree to progress the acquisition of an easement over its infrastructure.  Noting this option does not protect the future of our water infrastructure in the private land parcel.

Community Engagement

Consultation undertaken

Significant consultation with the landowner, external legal providers, surveyors and Crown Lands has taken place over several years in relation to this matter.  The landowner has formally advised Council’s solicitor they wish to proceed with formalising the easement over the water infrastructure but does not wish to grant Council an easement for access to the infrastructure.  Therefore, Council will be required to comply with the provisions of the Local Government Act 1993 (NSW) (LG Act) regarding entry onto land to carry out works on the pipeline.

Council consideration of input

The landowners of Lot 721 DP 826975 at 2529 Princes Highway, Millingandi have advised Council the property is currently listed for sale on the open market.  If the property was to sell and Council officers were unable to reach agreement with the new landowners a proposed easement plan over Lot 721 DP 826975 could be registered to flag Council’s interest in the land.

Financial and resource considerations

A market valuation was obtained from Veris to determine the compensation payable to the land owners for the easement required for water infrastructure purposes and has been determined pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).  The valuation provides a compensation amount of $3,000 plus GST.

There will be legal fees payable by Council to finalise the acquisition and associated fees can be funded from the Water Fund.

Council Property officers and external legal panel providers will be required to finalise the relevant documentation to complete the acquisition.

Legal /Policy

It is a requirement under the LG Act that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisition will proceed by way of agreement with the affected landowner and a Deed of Agreement will be entered into, setting out the undertakings to do all things necessary to effect registration of the easement.  The Deed and Section 88B Instrument documentation have been prepared by Council’s solicitor, and all costs associated with creation and registration of the easement will be borne by Council.

The surveyor appointed by Council has completed the required survey and prepared the plan of easement for water supply, to ensure Council’s easement requirements are met.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Risk

Council’s water infrastructure is currently sitting on privately owned land with no formal arrangement in place to protect the asset.

Attachments

1.         Draft Deed of Agreement to grant a water supply easement over Lot 721 DP 826975

2.         Veris valuation report for water supply easement over Lot 721 DP 826975

 


Council

5 August 2020

Item 11.2 - Attachment 1

Draft Deed of Agreement to grant a water supply easement over Lot 721 DP 826975

 

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Council

5 August 2020

Item 11.2 - Attachment 2

Veris valuation report for water supply easement over Lot 721 DP 826975

 

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Council 5 August 2020

Item 11.3

 

11.3. Road closure - Central Waste Facility     

Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) to enable landfill construction work within the Central Waste Facility site to be progressed. Director Assets and Operations  

Officer’s Recommendation

1.    That Council approve, in principle, the closure of the Council public road reserve within the Central Waste Facility located on lot 402 DP 1191314.

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

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

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

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closure.

6.            That all costs associated with the road closure process be borne by Council.

Executive Summary

The Central Waste Facility (CWF) has been determined as a viable landfill option to support the state government’s clean-up effort following the 2020 bushfires.  It has been determined that an unconstructed road corridor within the CWF land parcel will be impacted by the new landfill design.  Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) (Roads Act) to rectify this issue.

Background

In response to the aftermath of such a significant event such as the 2020 bushfires, Council moved quickly to plan and prepare landfill and resource recovery sites to support the state government’s clean-up effort.  It is understood that volumes of waste generated from fire impacted properties in this Shire is extensive and at a scale for which Council was not adequately prepared to manage.

In consultation with the NSW Environment Protection Authority (EPA) and Public Works Advisory, an assessment was carried out to select a site for the disposal of waste generated from fire impacted properties.  Sites were assessed against criteria such as size, historical use, land tenure, transport routes, site access, compatibility to EPA design specification, proximity to impacted properties and planning pathways.  The CWF has been identified by the NSW Government as a preferred disposal location. 

The attached design plan shows an emergency landfill cell, which was based on the concept plan, that Council has gained planning approval to build, along with a resource recovery pad, for stockpiling and sorting non-asbestos containing building material, and a pad for stockpiling organic material for organics processing in the future.  A portion of the internal access road, proposed resource recovery and organic material pads are situated on an unconstructed road corridor within the CWF land parcel. 

Council officers conducted a road status search which identified the road corridor as Crown road.  Following this advice, a formal road transfer was progressed, and the road corridor was formally transferred to Council’s responsibility via Government Gazette dated 20 March 2020. 

To finalise this process Council now intends to exercise its power pursuant to Part 4 Division 3 of the Roads Act to close the Council public road required to support the development of the site.

A diagram of the section of road corridor within lot 402 DP 1191314 appears below for the information of Councillors.

Options

The options available to Council are:

1.    Council approve the proposal to formally close the section of Council public road corridor within lot 402 DP 1191314 at the CWF to support the development of the site; OR

2.    Council not approve the road closure.  Noting that if the section of unconstructed road cannot be included in the final landform design a portion of the internal access road, proposed resource recovery and organic material pads will be constructed over a dedicated road corridor.

Community Engagement

Consultation Planned

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

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

Financial and resource considerations

All associated costs will be sourced from Council’s waste fund.  Due to the nature of the event, costings have not been included in the existing budget.  Council will recover costs from gate fees received from the State Government from disposal or processing of bushfire waste at the CWF.

 Legal /Policy

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

Attachments

1.         Final design plan for emergency landfill cell at the Central Waste Facility

 


Council

5 August 2020

Item 11.3 - Attachment 1

Final design plan for emergency landfill cell at the Central Waste Facility

 


Council 5 August 2020

Item 11.4

 

11.4. Barclay Street Eden Sportsground Masterplan     

This report provides an update on the progress of the developments at Barclay Street Sportsground, Eden and to seek endorsement of the Draft Master Plan prepared for this recreational precinct.

Director Assets and Operations  

Officer’s Recommendation

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

2.  That Council endorse the Draft Master Plan for the Barclay Street, Eden Sportsground Precinct.

3.  That Council delegate authority to the General Manager, if required, to review and revise this Master Plan for any minor amendments arising during the delivery of this plan. 

Executive Summary

The Barclay Street, Eden Sportsground is due for several upgrades to its recreational areas. These have been supported by funding received by the NSW and Federal Governments. 

To assist with planning and delivering these proposed developments Council staff have coordinated the preparation of a Draft Master Plan to capture each separate element of this recreational space to plan for a cohesive and workable space for all to enjoy.  The Barclay Street Sportsground Committee, and other stakeholder groups have been consulted during the plans development and have endorsed it.  

This report not only showcases this Draft Master Plan, it provides a summary as well as a status update on the proposed, individual developments within this plan. 

Background

In December 2018, Council received the funding deed for the NSW Stronger Country Communities Fund, Round 2 (SCCR2).  This funding round included an amount of $654,000 through SCCR2 to upgrade the Barclay Street Sportsground pavilion and related infrastructure (floodlights, grandstands, parking). Bega Valley Shire Council (BVSC) contribution for this project was $185,052.

It was during the consultation phase of selecting a site for the proposed pavilion, along with discussions around sourcing funding for an asset renewal/upgrade to the skatepark as well as planning for provision for an all-inclusive playspace for Eden, that it became apparent that there was an opportunity to develop a multi-functional recreation precinct around the Barclay Street Sportsground. Subsequently, it was obvious that a broader master plan approach would be helpful for that opportunity to be realised. 

Two reports have been tabled with Council in relation to the Barclay Street pavilion upgrade, the location of which forms the basis for locating other facilities.  

A report was tabled at the 28 August 2019 Council meeting to seek approval on the proposed location of the sportsground pavilion.  At this meeting Council resolved:

1.    That Council note and endorse the consultation undertaken and site selection process as outlined in the report.

2.    That Council endorse Option 3, being in the north eastern part of the site, as outlined in the report as the site for the new pavilion/amenities building at Barclay Street Sportsground, Eden.

A second report was tabled at the 19 February 2020 Council meeting to present the final concept design for the Barclay Street Pavilion. Council resolved:

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

2.    That Council endorse, in principle, the concept design for the new Barclay Street sportsground pavilion and request the designer to include a cost-effective element within the existing project budget that reflects the design planned for the Eden Welcome Centre

3.    That Council write to the NSW Government seeking an additional contribution towards the project to develop the site to a standard suitable for use as a future emergency evacuation centre

4.    That Council delegate authority to the General Manager, if required, to endorse amendments to the design to accommodate an emergency evacuation centre and to fit within the project budget.

 

With discussions occurring in relation to upgrading the skatepark and the proposed all-inclusive playspace, Council staff saw an opportunity to prepare a Master Plan to capture the disparate elements of this recreational space to plan for a cohesive recreation precinct.

Community Engagement

Consultation undertaken

Council has consulted and liaised extensively with the Barclay Street Sportsground Site Committee which comprises members from the following sporting groups:

·    Eden Killer Whales Football Club (Soccer)

·    Eden Whalers AFL Club

·    Eden Whalers Cricket Club

·    Eden Netball Club

The sporting groups have provided feedback to Council on the layout, number and orientation of the facilities and areas they use to improve the use and function of the facilities at Barclay Street.

Council also met with members of the Eden Skatepark group to discuss the progress of funding for the skatepark and to present a draft copy of the Master Plan for their information.  The skatepark committee (a sub-committee of the Sapphire Coast Skatepark Association) had no objections to the draft Master Plan that was presented to them.  In fact, they expressed a strong desire for the skatepark to remain at Barclay Street and were hopeful of securing the funding for this proposed upgrade. This formed the basis of the SCCR3 funding application for the Eden Skatepark renewal and upgrade project.

Council staff met with the Eden Netball Club and the Eden Tennis Club to discuss the needs of their respective sporting groups.  The result of this meeting led to an agreement, subject to receiving appropriate funding, that two of the netball courts would be removed; and two upgraded with improved lighting and basketball hoops; and that the four tennis courts would remain but 2 of these courts would be upgraded to be classified as multi-use courts (i.e. tennis, futsal) and the other two would remain as tennis courts. These arrangements have been reflected in the attached draft Master Plan.

Council has been working closely with the Eden Fitness Trail Group (EFTG) to deliver the fitness trail project which includes an exercise hub area at Eden’s Memorial Park as well as three separate exercise stations along Aslings Beach Road opposite the Barclay street Sportsground.  The anticipated developments at Barclay Street will complement the fitness trail’s objectives and that the EFTG’s project will encourage more active use and participation within this area of Eden.

Further to the above, Council liaised with the NSW Ports Authority and relevant stakeholders in relation to the Cruise Ship Bus Shuttle drop off point which is identified to be near to the intersection of Barclay Street and Aslings Beach Road.  The cruise ship stakeholders agree that incorporating a bus drop off location at the Barclay Street Sportsground as opposed to the existing location at the southern end of Aslings Beach Road is a preferred location especially considering the proposed developments at the Barclay Street Sportsground.

Consultation Planned

At the time of drafting this report staff are planning a community information session to showcase the Master Plan document along with proposed developments associated with the Eden Port welcome centre (NSW Port Authority project) and the Eden Port connectivity upgrade (BVSC Transport project).  This event is planned for Thursday 6 August 2020. 

Noting the engagement to date Council staff do not anticipate objection from the community at this information session as the main stakeholders have been involved to date and their thoughts on the plan considered and incorporated into the Draft Master Plan for the precinct.

As has occurred with site elements to date; and as future projects develop a user working group will be formed to provide input as detail design progresses.

Council consideration of input

Given that the stakeholders directly impacted by this Master Plan have been consulted, it is believed the Draft Master Plan accurately reflects the needs of the sporting groups and the wider community in creating a recreational precinct for Barclay Street, Eden.

Creating a recreational hub for the local and wider community as well as for visitors to Eden is the sort of development that is needed within Eden. The planning has been strongly directed by required existing asset renewals and will result in development of the site for the benefit of the local community and visitors to our Shire.

Financial and resource considerations

The figures presented in the table below are what has already been secured for the disparate elements of delivering the Draft Master Plan.  Funding timeframes apply to both the current Financial Year (2020/21) and the following Financial Year (2021/22).

All funding deeds have been finalised, except for the all-inclusive playspace. The negotiations regarding the playspace funding deed have been somewhat protracted since a formal commitment to this funding was received in August 2019 from the Federal Minister for Infrastructure, Transport and Regional Development, the Hon. Michael McCormack MP.  Council is still awaiting the deed for signing with Council staff having been in regular contact with the Federal government departmental staff regarding this deed. 

 

Element of project

External funding source

External grant funding amount

BVSC Contribution

Total Budget

Pavilion Upgrade (incl. floodlight and shelters)

Stronger Country Communities Fund Round 2 (NSW Govt)

$653,948

$185,052

$839,000

Skatepark and pathway connection

Stronger Country Communities Fund Round 3 (NSW Govt)

Building Better Regions (Federal Government)

$600,000

($300k – SCCF R3 and $300k – BBR)

$150,000

$750,000

All-inclusive playspace

Department of Infrastructure, Transport, Regional Development and Communications (Federal Government)

$400,000

-

$400,000

Soccer club upgrade

Club Infrastructure Grants (NSW Govt)

$144,000

-

$144,000

Totals

$1,797,948

$335,052

$2,133,000

Notes:

·      The Eden Whalers AFL Club have received small amounts of funding to contribute to various aspects to upgrade elements of the sportsground such as grandstands and contribution to floodlights.  These figures have not been included in the total of $839k presented in the table above.

·      The Eden Killer Whales Soccer Club has agreed to contribute $30k to the upgrade of their pavilion.

 

How the extra aspects of the pavilion building to improve its use as a future emergency evacuation centre )as Council resolved at the 15 February 2020 Council meeting) is an aspect of funding that is not confirmed at the time of preparing this report.  

On investigation of possible funding streams, funds to be made available through the National Bushfire Recovery Agency (NBRA) will be better aligned ‘to develop the site to a standard suitable for use as a future emergency evacuation centre.’

Council staff will review the funding guidelines and make an application for this funding when published from the Commonwealth Government, so this option can be pursued. An adopted master plan for the site will support that application. Until such time the development of the sportsground pavilion is on hold. The pavilion users are aware of this approach.

Legal /Policy

The Barclay Street Sportsground straddles 4 distinct lots. There will be no impediment to the delivery of the Master Plan.

That said, Council may need to take action under the Roads Act 1993 to close the road reserve depicted in Figure 1 for the purposes of developing this portion of the site.  This has been confirmed by Council’s property section.

It is important to note that the existing access along this ‘public road’ (carpark area) will be maintained, although in slightly different alignment, and it will serve essentially the same function of providing public access to the sportsground site and to Lake Curalo foreshore paths.  

Lot, DP

Owner

Zoning

Lot 8, DP 848111

BVSC

E2 – Environmental Conservation, RE1 – Public Recreation

Lot 9, DP 848111

BVSC

E2 – Environmental Conservation, RE1 – Public Recreation

Lot 29, DP 750205

BVSC

E2 – Environmental Conservation, RE1 – Public Recreation

Unknown lot

BVSC Road Reserve

Council Public Road

Fig. 1:  Barclay Street Sportsground, Eden – Land Tenure (taken from Intramaps, 15.07.20)

 

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.

2020/21 Operational Plan

The projects to deliver the funded projects at Barclay Street Sportsground site are included in the adopted 2020/21 operational plan and are also included in the ‘Sporting Projects and Playground and Skatepark’ maps within the 2020/21 Operational Plan.

The Operational Plan states that we will “deliver successful 2020 - 21 grant projects for sporting facilities, coastal accessibility, playground and boating infrastructure”.

Asset Management

Council has an adopted Recreation Asset Management Plan 2017 (RAMP). This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. The Draft Master Plan includes elements and improvements linking to existing asset renewals.

The assets located within the Barclay Street Sportsground are included in the RAMP. In the current RAMP the recreational area is classified as a local level precinct. The development of the skatepark, the all-inclusive playspace and the incorporation of a bus drop off location for the Cruise ships will lift this facility and its assets to a district level precinct.

Environmental / Sustainability

There is no risk to ecological matters as the site is a parkland with extant native vegetation.

Several trees have been earmarked for removal by a qualified arborist due to their poor health and risk to occupants of the parkland area or to accommodate new play equipment and related parkland infrastructure.

The impacts of a small number of trees to be removed will be offset by the extensive planting that will ensue following completion of the development.

Lake Curalo foreshore will be managed in accordance with the Lake Curalo Catchment Management Plan.

Economic

The developments included within this Master Plan will benefit local businesses, local tradespeople and the economy in general.

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

There is no denying that adoption of the plan will generate jobs during its development but will also lead to the creation of a fantastic sportsground and parkland precinct.

Risk

The key project risk for Council relates to being able to secure the necessary funding required to deliver various aspects of the Master Plan within a reasonable time frame.

As there are multiple funding bodies from both State and Commonwealth departments, there are numerous timeframes for delivery of each of these assets.  That said, it is unlikely that delivery will be a major risk as Council will be able to plan for and deliver these projects with appropriate project management staffing allocated. 

Adoption of the Draft Master Plan will help with delivery timeframes as confirmed locations of the skatepark and playspace will enable works to progress with more detailed design work on those elements in particular.

Social / Cultural

The Barclay Street Sportsground precinct is ideally located adjacent to the Lake Curalo foreshore and opposite Aslings Beach and the popular recreational area along Aslings Beach Road.  Families, both local and from far and wide, will be able to utilise the recreational facilities on offer here once the Master Plan is fully realised.

Options

1.    Council endorse the Draft Master Plan for the Barclay Street Sportsground Precinct enabling elements of the precinct to be funded and developed.

2.    Council does not endorse the Draft Master Plan for the Barclay Street Sportsground Precinct noting that this could delay progress on disparate elements within the site and result in less coordination in site function and project delivery.

Attachments

1.         Eden Sportsground Masterplan rev C 02_without OPC

 


Council

5 August 2020

Item 11.4 - Attachment 1

Eden Sportsground Masterplan rev C 02_without OPC

 

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Council

5 August 2020

 

Staff Reports –  Finance

 

5 August 2020

 

13.1            Sportsgrounds Fees and Charges Relief.............................................................. 99

13.2            Levying of Councils Rates and Charges............................................................. 102


Council 5 August 2020

Item 13.1

 

13.1. Sportsgrounds Fees and Charges Relief     

This report proposes that Council consider the application of fees and charges relief for seasonal sportsground users impacted by season reduction or cancellation connected with COVID-19 restrictions.

Director Assets and Operations  

Officer’s Recommendation

1. That due to the impact of COVID-19 on sporting competitions Council provide fee relief to seasonal sportsground users on a pro-rata basis reflecting portion of use of facilities and fees in the adopted BVSC 2021 Fees and Charges.

2. The fee relief apply for seasons that are impacted by COVID-19 restrictions.

3. Delegate to the General Manager the authority to determine Council’s response to fee relief requests as they are received from sportsground users based on the pro-rata model recommended in the report.

 

Executive Summary

During the public exhibition period connected with Councils 2020-2021 Fees and Charges adopted on 22 July 2020, Council received two submissions from sporting associations regarding fees and charges. Council staff have also had informal representations made to them regarding Council support for the 2020 sporting season/s. Council staff recommended that a separate report be provided to Council to consider the implications of this request.

Staff are recommending that fees and charges relief be offered on a pro-rata basis to support a range of sporting organisations across the community. Sportsground users seeking fee relief from Council will be required to make the request in writing to the General Manager.

 

Background

Council’s seasonal sportsground user fees are based on a fee per member per season fee structure. Many sports clubs and seasonal users have been impacted by social distancing restrictions due to COVID-19, and in turn, this has and will impact on their seasonal use of sporting facilities.

 

While there will be some reduction in operating costs due to reduced use (i.e. electricity related to floodlighting) many of the operations and maintenance works task related to sportsgrounds and facilities need to continue to keep facilities in reasonable condition for when training and play is able to recommence and for the safety of the general public accessing sites. 

 

Noting ongoing operational requirements, it is reasonable to maintain a level of user contribution toward the operating costs of sporting facilities. In regard to seasonal users it is practical that the fees and charges relate to the level of use or portion of season length, this report seeks to implement the application of a pro-rata rate to the seasonal fee charges. Casual and commercial users make bookings and pay fees on actual use. They are able to easily cancel or change bookings to reflect actual use and not incur unnecessary fees. 

 

It is also worth noting arrangements that have been made at Sapphire Aquatic Centre (SAC) due to impacts of COVID-19. Whilst the facilities have been closed staff have “frozen” annual passes meaning that users will not lose the time they have missed due to facilities being closed. As of 1 August 2020 all accounts will be reactivated, with users having the option to reactive their pass earlier if they have begun using facilities again since reopening. Should facilities be closed again as a result of COVID-19 and public health orders the same approach will be taken.

 

 Community Engagement

Consultation undertaken

Consideration of sportsground fee relief is as a result of feedback received during the exhibition of the FY2021 Draft Budget and Operational Plan.

 

Financial and resource considerations

In a typical year it is estimated $60k - $70k income will be received from all sportsground user fees. At this stage it is not known the impact of the proposed fee reduction or other cancelled casual and commercial bookings. Initial estimates are in the order of $30k. This will be monitored and reported in future quarterly budget reviews.

There will be some reduction in operating costs; for example, electricity costs will be reduced through less floodlighting (electricity total FY2020 is $66k) However, it is not expected there will be significant reductions in the other primary expenditure areas such as oval mowing, annual oval maintenance programs (fertilising; aeration etc) and water and irrigation costs.

It is understood that outside of seasonal sporting groups using sportsgrounds there are other Council facility users who may also seek fee relief. Most of these fees relate to hours or access for use (i.e. halls or pools). The fee structures for these facilities is more directly related to actual use and attendance. These users can choose the levels of use and amend their bookings and fees to suit. As the proposed fee relief relates to seasonal use it will principally apply to seasonal sportsground users.  The pro-rata method could also be applied to other community user groups that pay seasonal or long-term rates for use of Council facilities which have been caused by COVID-19 restrictions.  

Options

Options to Council include:

·    Maintain the fee structures as they stand. This may result in some clubs or sporting associations choosing not to play a reduced season.

·    Apply a higher or broader level of user fee reduction. This will result in a larger impact on operating income.

·    Council provide fee relief to seasonal sportsground users on a pro-rata basis reflecting portion of use of facilities and fees in the adopted BVSC 2021 Fees and Charges. This will provide flexibility to seasonal users and will see some user contributions to offset operating and maintenance costs. 

 

Attachments

Nil

 


Council 5 August 2020

Item 13.2

 

13.2. Levying of Councils Rates and Charges       

This report requests Council to approve the issue of rate notices immediately.

General Manager  

Officer’s Recommendation

That Council:

1.    Resolve to issue rate notices immediately and.

2.            Note the extension of time to 30 September 2020 for payment of the first quarter instalment

Executive Summary

Council considered a report on COVID-19 Pandemic Economic Impact – Financial Assistance Considerations at its 29 April 2020 meeting. Council resolved to support the community in a number of ways, including

Councils objective in making this recommendation was to support the community in dealing with the economic challenges following both COVID-19 and the Black Summer bushfires. Council could achieve the same objective by issuing the rate notices immediately and allowing the extended period for ratepayers to make payment.

Options

·    Council could levy on the 1st September 2020 and allow 4 weeks for ratepayers to make payment.

·    Council could levy rates immediately allowing 7 weeks for ratepayers to make payment.

Community Engagement

Consultation undertaken

Council are receiving daily communications through our Customer Services and Revenue teams from ratepayers looking for the rates notices that they would normally have received around this time of the year.

Financial and resource considerations

Council has already considered in Council’s report of 29 April 2020.

Legal /Policy

Local Government (General) Regulation 2005 Amendments

On 17 April 2020, the Office of Local Government issued Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic. This circular contained the following advice:

Regulations have been made under section 747B of the Local Government Act 1993 to temporarily modify the application of the Act in response to the COVID-19 pandemic. The regulations made under section 747B modify the Act as follows:

•     Councils have been provided with a one-month extension:

to adopt their 2020-21 Operational Plan (including Revenue Policy, Statement of Fees and Charges and annual budget) before 31 July 2020;

 to submit audited financial reports by 30 November 2020; and

 for the preparation and publishing of annual reports by 31 December 2020.

•     Councils have the option to delay issuing rates notices to ratepayers until 1 September 2020, and the collection of the first quarter rates instalment until 30 September 2020.

•     Councils may immediately waive or reduce fees under a new “COVID-19” category.

•     The requirement for councils to make certain documents available for physical inspection at their offices has been modified to allow access to the documents to be provided remotely.

•     In addition to these temporary measures, in response to the closure of some local newspapers and to assist councils to reduce their costs, the Local Government (General) Regulation 2005 (the Regulation) has been amended to remove requirements for newspaper advertising. This amendment is not temporary and will continue to apply after the COVID-19 pandemic passes.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6: Strong, Consultative Leadership

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

6.11 - We are an informed and engaged community with a transparent, consultative and responsive Council

Economic

Financial impact on Council is a negative impact on cashflow in this and the next financial years.

Risk

Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic contains the following notable statement:

“In exercising discretion to extend the making of a rate or charge under section 533 or the collection of rates under 562(3)(a) of the Act, each Council must consider both the financial circumstances of local ratepayers and the potential impact such actions would have on the general cashflow of Council.”

Attachments

Nil

      


Council

5 August 2020

 

 

Questions with Notice

 

05 August 2020

 

17.1            Bus Stop - Corner Merimbula Drive and Sapphire Crescent............................. 105


Council 5 August 2020

Item 17.1

 

17.1. Bus Stop - Corner Merimbula Drive and Sapphire Crescent     

Question with NoticeCouncillor Nadin asked for a report to Council regarding alternative locations to the newly built bus stop on the corner of Merimbula Drive and Sapphire Crescent, and the process that would be required to have it moved, including cost.

Director Assets and Operations  

Staff Response

Background:

 The original funding application under the CPTIGS was submitted by Council in February 2018.

This site was nominated along with ones in Cobargo, Bermagui and Wolumla.

In the six monthly catch up with the school bus operators on the 06.12.2017, council called for submissions from the operators for potential sites for shelters.

The minutes of the following meeting held in June 2018, indicated we received no submissions from the operators. The minutes reflected Council submitted an application for a shelter in the north and another in the southern parts of the Shire.

This location was submitted due to it historically being a bus collection point for the past 30 to 40 years. This was verbally communicated with the proprietors of Sapphire Coast Bus lines and received their support.

During construction a property owner adjacent the site voiced her concerns in regards to her loss of view.

Alternate bus shelter locations:

Alternate locations for the newly constructed bus shelter on the corner of Merimbula Drive and Sapphire Crescent were investigated.

In determining a suitable alternate site, the following factors were considered:

·    Proximity to existing school and public bus stop locations

·    Design standards to incorporate minimum bus stop requirements and safe sight distances for vehicle and pedestrian movements

·    Number and size of the buses operating at any one time.

·    Property access

·    Removal of vegetation

·    Site topography – stormwater drainage

·    Accessible design standards

Considering these factors, the only alternate site deemed suitable is directly adjacent the existing bus shelter, approximately 10m north of the existing site. The approximate location is shown in the site map below.

Noting the alternate location limits the bus stop to a single 12.5m vehicle at any one time without compromising the safe site distances of approaching vehicles and will require vegetation to be removed or trimmed to install the bus shelter.

 

 

Image 1 - Site Map – Alternate bus shelter location

Process to relocate bus shelter:

·    Conduct consultation through traffic committee and school bus operator session

·    Secure a budget allocation to relocate the bus shelter

·    Arrange council staff or engage external contractors to construct

Cost Estimate:

The cost to relocate the bus shelter is approximately $12,000 (exc GST).

This is based on the recent bus shelter installation costs, with the addition of vegetation removal and restoration of existing bus shelter site.

Attachments

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