OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held via Zoom
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting. A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.
The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflictions of interest.
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
Contact |
Phone |
|
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 |
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 |
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Pecuniary Interest
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In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer. |
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 |
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NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.
Council |
11 November 2020 |
Recommendation
That the Minutes of the Ordinary Meeting held on 28 October 2020 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.
8.1 Endorsement of Planning Proposal for a Heritage Conservation Area in Imlay Street, Eden and Associated Guidelines in Development Control Plan 2013................................................... 9
Nil Reports
10.1 Prospectus 2.0................................................................................................................................ 34
10.2 BCRRF Stream 2 and BLER Funding............................................................................................. 52
11.1 Risk to residents due to significant degradation of Woodlands Lane, Bald Hills................ 56
11.2 Bega saleyards................................................................................................................................ 60
11.3 RFT 2021-03 Pretty Point Bridge Construction....................................................................... 183
Nil Reports
Nil Reports
14.1 Canberra Region Joint Organisation Board Meeting 26 October 2020.............................. 188
14.2 Australian Coastal Councils Annual General Meeting - 16 October 2020......................... 189
16.1 Background on Use of Council Facilities for historical related purposes........................... 199
16.2 Cobargo public amenities........................................................................................................... 200
16.3 Bega Valley Regional Learning Centre options....................................................................... 201
17.1 Cr Bain - Drought funding........................................................................................................... 203
17.2 Cr Nadin - Old Pambula Courthouse......................................................................................... 206
17.3 Cr Nadin - Tura Library................................................................................................................ 210
17.4 Cr Bain - Eden Lime Incident...................................................................................................... 212
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public........................... 214
Council |
11 November 2020 |
8.1 Endorsement of Planning Proposal for a Heritage Conservation Area in Imlay Street, Eden and Associated Guidelines in Development Control Plan 2013............................ 9
Council 11 November 2020 |
Item 8.1 |
This report seeks Council’s support for a planning proposal and amendment to Bega Valley Development Control Plan 2013 to apply a Heritage Conservation Area over the southern portion of Imlay Street in Eden.
Planning and Sustainability Manager
That Council:
1. Resolve to support the South Imlay Street Heritage Conservation Area Planning Proposal (Attachment 1).
2. Authorise Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.
3. Resolve to exhibit the proposed amendments to Chapter 2.3 ‘Eden Town Centre’ Development Control Plan 2013 to provide design guidelines within the proposed Eden Heritage Conservation Area (Attachment 2).
4. Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process and exhibition of the associated draft amendments to Bega Valley Development Control Plan 2013.
Executive Summary
A planning proposal to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to apply a Heritage Conservation Area (HCA) over the southern-most portion of Imlay Street in Eden has been prepared to help maintain the precinct’s distinctive identity and sense of place.
A set of design guidelines for inclusion in the Bega Valley Development Control Plan 2013 (BVDCP 2013) has also been prepared to ensure that future development within the HCA is sympathetic to the existing character. This report seeks Council’s resolution to support the planning proposal, submit it to the Minister for Planning for a 'Gateway Determination' and endorse the public exhibition of the accompanying amendment to BVDCP 2013.
Background
In September 2018, the Eden Chamber of Commerce distributed letters to landowners to gauge support for a proposed HCA to protect the heritage character of the southern portion of Imlay Street, Eden. Of the 18 landowners contacted by the Chamber of Commerce, 16 supported a proposed HCA, one was unsure and one was against.
Council’s Heritage Advisor has subsequently reviewed the Eden Chamber of Commerce‘s HCA proposal and supported the implementation of an HCA over the southern portion of Imlay Street and its western and eastern slopes (Figure 1).
Figure 1: Proposed Heritage Conservation Area
The proposed HCA encompasses eight heritage listed properties (Figure 2).
Figure 2: Heritage listed properties within the proposed Heritage Conservation Area
The properties within the proposed HCA are zoned a mixture of RE1 Public Recreation, B4 Mixed Use and R3 Medium Density Residential. All properties located within the proposed HCA have a maximum height limit of 10m except for the Eden Police Station and the immediately adjoining lots which have a maximum height limit of 13m. The zoning and development standards currently applying to these sites will not change as a result of this planning proposal.
HCAs already exist in parts of Bega, Bemboka, Burragate, Candelo, Cobargo, Tathra, Wolumla and Wyndham. HCAs do not affect the development standards or the types of uses that are permitted within them; however, development within these designated areas is subject to guidelines that ensure that the design of new development is in keeping with the special characteristics of the area.
HCAs are listed in Schedule 5 of the BVLEP 2013 and are shown in red hatching on the Heritage Map. In addition to any other applicable considerations, Development Applications within these areas are also assessed under Clause 6.10 Heritage Conservation of the BVLEP 2013.
Design guidelines specific to each HCA are included in BVDCP 2013. Council staff, in consultation with Council’s Heritage Advisor, have drafted development guidelines for the proposed HCA for inclusion in ‘Chapter 2.3 Eden Town Centre’ of the BVDCP 2013. The draft amendment to BVDCP is included as Attachment 2 to this report. It is proposed to publicly exhibit these draft guidelines alongside the planning proposal.
Options
The proposed HCA and design controls for the southern portion of Imlay Street in Eden is considered to be the best means of ensuring that future development is in keeping with the existing character of the area. This method is a clearly defined and transparent way to achieve Council’s goals to protect the character of the area and ensures that property owners and designers as well as the broader community have certainty that the style of future development will complement the area.
Council could opt not to include the area as an HCA in BVLEP 2013 and not include the design guidelines to BVDCP 2013. Under that option, Council and the community would need to rely on the objectives of the Bega Valley Local Strategic Planning Statement 2040 to try to ensure that future development was in keeping with the desired future character of Eden.
Community and Stakeholder Engagement
Engagement undertaken
The Eden Chamber of Commerce has undertaken some consultation with landowners in the area; however, no community consultation has yet been undertaken for this planning proposal by Council.
Engagement planned
Community engagement for the planning proposal and BVDCP 2013 amendment will be carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project is assessed to be Level 2 - Consult on the IAP2 spectrum.
The Gateway Determination will confirm community consultation requirements. It is likely that the planning proposal will be exhibited as a ‘low’ impact proposal for a period of not less than 14 days in accordance with Section 5.5.2 of A Guide to Preparing Local Environmental Plans.
Council will follow community and agency consultation requirements as per the Gateway Determination and Bega Valley Shire Council Community Engagement Strategy. It is planned to advertise the planning proposal and draft BVDCP 2013 amendment on Council’s website, in local newspapers and in writing to affected and adjoining landowners and the Eden Chamber of Commerce.
Financial and Resource Considerations
The processing of the planning proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.
Item |
$ Excl GST |
Expenditure Detail |
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Advertising |
$500 |
Total Expenditure |
$500 |
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Source of Funds |
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General Fund |
$500.00 |
Total income available |
$500 |
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Total Project Capital Cost |
Nil |
Total Available Construction Funding |
Nil |
Project Funding Shortfall |
Nil |
Financial Option Impacts | Life Cycle Costing
Ongoing Financial Impacts |
$ Excl GST |
Capital Investment |
Nil |
Annual maintenance and operational costs |
Nil |
Depreciation costs |
Nil |
User charges (annual income) |
Nil |
Legal /Policy
The planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018).
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The planning proposal supports one of the 10 key principles of the Bega Valley Shire Commercial Land Strategy:
· Principle 7: Focus on unique or locally distinctive assets. Preserve heritage values, settlement character and environmental and biodiversity values where these attributes are seen as significant in a centre by stakeholders and contribute to the ongoing viability of the centre.
The planning proposal is consistent with achieving the following planning priority and Action of the Bega Valley Shire Local Strategic Planning Statement 2040 relating to:
· Planning Priority 10 – Future Directions: Protect cultural heritage and built heritage items and preserve the value of heritage buildings and places by ensuring that new development near heritage-listed items respects these values.
· Action 10.2 Protect the existing heritage character at the southern end of Imlay Street, Eden.
· 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.
· Strategy 20: Encourage and support local identity, heritage and character in our towns, villages and rural areas.
The planning proposal aims to achieve the following goal and direction of the NSW Department of Planning, Industry and Environment’s South East and Tablelands Regional Plan:
· Goal 3: Healthy and connected communities.
· Direction 23: Protect the region’s heritage.
Environment and Climate Change
The proposed changes to BVLEP 2013 and BVDCP 2013 will ensure aspects of the heritage of Eden are preserved for future generations.
Economic
Protecting the historic atmosphere of the Eden town centre has been identified in the recently adopted Bega Valley Shire Commercial Strategy as a key method of providing economic benefits to the town by maintaining the attractiveness of places to visitors.
The proposed HCA is visually prominent when viewed from the Sung Cove area of the Port of Eden which is an area of high tourist visitation and it is strategically located on the walking route between the harbour and the Eden CBD. Additional design controls in this precinct will support design excellence leading to an improved sense of place in Eden. This strengthens the marketing message of Eden as a ‘historical’ place in a stunning landscape setting.
Risk
Introducing the HCA will reduce the risk of inappropriate and non-sympathetic development occurring in highly prominent location close to the Port of Eden which may have long term visual impacts.
Social / Cultural
It is anticipated that the planning proposal will have positive social impacts for the local community by protecting the significance of the Heritage listed buildings and connection with the history of Eden as well as enhancing the community’s sense of identity which contributes to the wellbeing of residents.
1⇩. South Imlay Street Heritage Conservation Area Planning Proposal
2⇩. Draft Development Control Plan guidelines for South Imlay Street Heritage Conservation Area
Council |
11 November 2020 |
Item 8.1 - Attachment 1 |
South Imlay Street Heritage Conservation Area Planning Proposal |
11 November 2020 |
|
Item 8.1 - Attachment 2 |
Draft Development Control Plan guidelines for South Imlay Street Heritage Conservation Area |
Council |
11 November 2020 |
10.1 Prospectus 2.0..................................................................................................... 34
10.2 BCRRF Stream 2 and BLER Funding..................................................................... 52
Item 10.1 |
This report presents the list of projects to be included in the Prospectus 2.0 electronic and hard copy document.
Project Lead - Recovery, Rebuilding and Resilience
That Council note and endorse the Prospectus 2.0 project list as presented, to be developed into a funding Prospectus similar to the 2017 Infrastructure Prospectus.
Executive Summary
Since its release in December 2017, the Infrastructure Prospectus has enabled Council to attract a considerable level of funding for projects listed across all priority areas of the document. Due to the success of this document, over 68% of the 72 projects have attracted funding and the need for an updated or new version arose.
The development of the Prospectus 2.0 projects list commenced in February 2020, with the aim to create an updated funding prospectus for the region which includes infrastructure projects and programs from across all of Council’s activities and the Shire that are of varying funding scales. The presented projects list was developed from a staged process and approvals pathway to result in projects that are achievable, will attract funding and are financially sustainable. Once confirmed by Council, the Prospectus 2.0 projects list will be developed into a funding Prospectus to support funding applications and to allow for lobbying appropriate governments, Ministers and agencies.
Background
On 30 August 2017 Council resolved on the Motion of Council Report 13.1, to note the proposed projects outlined in the Report to be included in the funding Prospectus which was to be finalised and released in January 2018. The Infrastructure Prospectus version one, was developed as a communication tool to promote the infrastructure investment opportunities in our region to funders, assist Council with prioritisation of projects for grant funding rounds and as a position statement to the community.
Since its release, the Infrastructure Prospectus has enabled Council to attract a considerable level of funding for projects listed across all priority areas of the document. Of the 72 projects listed in the Infrastructure Prospectus, 68% of the projects have secured funding from State or Federal Governments or have been funded by Council. This funding has resulted in a total in excess of $88 million of external funding secured to deliver projects listed in the Infrastructure Prospectus.
The model has proven to be successful, however, with a large component of the projects funded a need arose to revise or develop a new projects funding Prospectus. Development of the Prospectus 2.0 commenced in February 2020 as a direct result of this need and was also prompted by the Eden-Monaro by-election.
The aim of the Prospectus 2.0 was to create a funding Prospectus for the region, which includes infrastructure projects and programs from across all of Council’s activities and across the Shire. It was also necessary to ensure that the project scale enabled applications that are of varying funding scales to be utilised to promote investment in our region to the State and Federal Governments.
The projects list presented in this report was developed with the input of Councillors and Council staff as outlined below:
1. The creation of a project/program” long list” by Council staff and managers. Project assessment included: inclusion in Council’s adopted plans and asset plans; the need, and priority for the project; an assessment of solution, delivery, benefits, and construction and ongoing costs; and a ‘shovel ready’ status rating.
2. Prioritisation of these projects by the Leadership Executive Group was undertaken to create the short list taking into account alignment with strategic, operational and regional plans, project feasibility and financial sustainability.
3. A review of the proposed projects was workshopped by Councillors with an opportunity for further input, resulting in the final projects list.
Once confirmed by Council, the Prospectus 2.0 will be developed into a funding advocacy publication to support funding applications and to allow for lobbying appropriate governments, Ministers and agencies.
Options
Options available to Council are to:
1. Note and endorse the Prospectus 2.0 project list as presented to be developed into a funding Prospectus similar to the 2017 Infrastructure Prospectus. This is the recommended option.
2. Resolve not to endorse the Prospectus 2.0 list as presented.
Community and Stakeholder Engagement
Engagement undertaken
Extensive engagement has been undertaken over the past 10 months in the development of the Prospectus projects list. The detailed process to develop the projects list is detailed in the attached Prospectus 2.0 development process graphic.
A Councillor workshop was undertaken on the 23rd September 2020. Following this, opportunity for further input of Councillors was provided.
Engagement planned
Further engagement with community at the inform engagement level will occur once the polished electronic and hardcopy version of the Prospectus 2.0 are available. Engagement with stakeholders, especially funders will occur at the collaborate engagement level to develop and or support funding applications for identified projects.
Financial and Resource Considerations
In order to ensure the most effective and efficient processes for developing the funding applications and to leverage as much external funding for the identified projects as possible, the development of a Prospectus and a central repository of core data is critical.
Council asset projects are in most cases identified in the adopted Asset Management Plans.
Item |
$ Excl GST |
Expenditure Detail |
|
Graphic design and production costs |
$5,000 |
Total Expenditure |
$5,000 |
Source of Funds |
|
Allocated in Economic Development 2020/21 budget |
$5,000 |
Legal /Policy
In order to apply for most funding programs, it is a requirement that the project is outlined in the relevant regional and Council plans.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
It is a critical strategic role for Council, on behalf of the local community, to leverage the most potential from funding to achieve local outcomes. This includes prioritising projects and aligning them with suitable programs. It also includes maximising the likelihood that projects will be funded by ensuring that Council projects are not in competition with each other.
There are significant funding opportunities in NSW through the State Government’s Regional Development Framework, and other funding initiatives targeted at bushfire and economic recovery. There are also considerable funding opportunities through the Federal Government’s upcoming economic recovery funding programs and the Building Better Regions program.
Staff have commenced preparing the project and funding snapshots for the included projects. These will be strategically placed in the Prospectus 2.0 for presentation to funding agencies and other stakeholders. In addition, the Prospectus 2.0 places Council in a consolidated position to be ready for future State and Federal elections.
Environment and Climate Change
There are no direct environmental sustainability and climate change implications of the prospectus projects list. However, if funded a number of projects will result in improved ecological outcomes, climate resilience and improvements.
Economic
There are no direct economic impacts of the prospectus projects list. However, if funded a number of projects will result in improved economic outcomes in the Shire.
Risk
Risks associated with the projects listed for Prospects 2.0 are linked to attracting funding. Submitting grant applications and delivering projects are regular activities of Council and do not introduce new risks.
Social / Cultural
The projects listed for Prospects 2.0 seek to support local communities through social and cultural support and improvement projects.
Attachments
1⇩. Prospectus 2.0 final list
2⇩. Process for developing Prospectus 2.0 project list
11 November 2020 |
|
Item 10.1 - Attachment 2 |
Process for developing Prospectus 2.0 project list |
Council 11 November 2020 |
Item 10.2 |
10.2. BCRRF Stream 2 and BLER Funding
Council is required to prioritise projects it will submit for funding in the recently announced Bushfire Community Recovery and Resilience Fund and Bushfire Local Economic Recovery funding.
Project Lead - Recovery, Rebuilding and Resilience
That Council endorse the projects as outlined below (to be included following Councillor Workshop) for lodging as applications under the Bushfire Local Economic Recovery (BLER) and Phase 2 Bushfire Community Recovery and Resilience Fund Stream 2 (BCRRF2) funding programs.
Executive Summary
Two key bushfire recovery funding programs from the Australian and NSW Governments are now open. Council has an opportunity to apply to both competitive bushfire funding programs as the lead applicant or as an applicant partner in an unlimited number of applications.
A proposed projects list is currently being finalised with Councillor input for BLER and BCRRF2 funding for consideration. Projects have been sourced from the Prospectus 2.0 projects list and have been assessed against criteria for ‘shovel ready status’, funding guidelines match and likelihood of securing funding. Councillors will consider a full list of projects on Wednesday 4 November which will then be uploaded with the Business Paper. This information will be used to inform any applications for BLER and BCRRF2 funding by Council.
Background
Bushfire Local Economic Recovery Fund
The Bushfire Local Economic Recovery Fund (BLER) is a $250 million funding package jointly funded by the Australian and NSW Governments for bushfire impacted regions, focused on supporting the areas most impacted.
This is a competitive fund, open to Councils, Joint Organisation of Councils, not-for-profit organisations, including business chambers, industry associations and charities, research or academic organisations, State Government corporations and Local Aboriginal Land Councils.
A key objective is to support economic and social recovery at a local and regional level in areas impacted by the 2019- 2020 bushfires. The BLER Fund will support job retention and creation in these regions, strengthen community resilience and reduce the impact future natural disasters will have on our communities. Applications close on 11 December 2020. Announcement of successful applications is expected in April 2021.
Council can apply for three types of projects under the BLER fund:
· Infrastructure projects - minimum of $400,000 with a maximum available grant of $20 million.
· Environmental projects including rehabilitation, remediation and resilience improvements - minimum of $200,000 with a maximum available grant of $4 million.
· Programs, including social, business and environmental education - minimum of $200,000 with a maximum available grant of $4 million.
To be eligible for BLER Fund, projects must:
· Support the recovery of the local economy, social well-being, environment or improve resilience to future natural disasters
· Be able to commence within six months of the funding deed being executed by the Department and be completed by 30 June 2022
· Align with one of the following categories:
o enabling infrastructure
o industry and business development
o social development
o natural environment and resource development
o built environment adaption
· Projects seeking over $1 million in funding must completed a business case
· Ineligible project costs for infrastructure projects include funding for any ongoing staff or operational costs
· Applications must provide evidence the project has been adequately planned, costed and appropriate mitigation strategies are in place for identified risks
· Applicants must provide confirmation that no serious
planning, construction, zoning or other impediments exist for the delivery of
the project
Bushfire Community and Resilience Fund Phase 2 Stream 2
Phase Two Bushfire Recovery and Resilience Fund Stream 2 is a competitive open grant program. The fund is focused on delivering medium and long-term community projects that support social recovery from bushfires to reduce the adverse impact of the bushfires and make a sustained recovery, plus be more resilient to future disasters and improve general wellbeing.
BCRRF Stream 2 key requirements:
· Project funding from $20,000 to $300,000
· Open to Local Councils, Joint organisations of Councils, Industry bodies, Not-for-Profits, Business Chambers, community groups
· Partnerships are encouraged from one or more different types of eligible applicants for the purpose maximising the reach and efficacy of a proposed project
· Projects can be aligned to local, regional or across multiple Local Government Areas
· Applications will be assessed at a regional level using Regional Panels – Southern for BVSC applications
· Applications close Tuesday 10 November 2020 at midday
· Projects and expenditure must be completed by 30 June 2022
· Works that involve building new assets or infrastructure capital works are ineligible
Options
Council can either decide to nominate projects under the funds or not apply for projects within the two streams.
Community and Stakeholder Engagement
Engagement undertaken
All Council projects considered have formed part of Council’s integrated planning and reporting consultation and engagement.
Engagement planned
Due to the very short time frames in relation to both streams there is minimal opportunity for further engagement. There are several community groups that are also considering applying and will submit project proposals to Council for assessment.
Financial and Resource Considerations
This section of the report will be finalised when the Council decision on final projects for progressing is completed. It should be noted that there will be potential ongoing operational and asset costs which will also be assessed and included in reports to Council on any successful projects.
Legal /Policy
Council will be required to apply for funding within the guidelines and if successful will be bound by funding deeds for each project.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The projects for consideration should meet the adopted directions of Council.
Environment and Climate Change
There are no direct impacts from the application process.
Economic
There are no direct impacts from the application process.
Risk
There are no direct impacts from the application process.
Social / Cultural
There are no direct impacts from the application process.
Attachments
Nil
Council |
11 November 2020 |
11.1 Risk to residents due to significant degradation of Woodlands Lane, Bald Hills 56
11.2 Bega saleyards..................................................................................................... 60
11.3 RFT 2021-03 Pretty Point Bridge Construction................................................. 183
Council 11 November 2020 |
Item 11.1 |
11.1. Risk to residents due to significant degradation of Woodlands Lane, Bald Hills
The purpose of this report is to present background in relation to Woodlands Lane, Bald Hills and recommend a future direction.
Director Assets and Operations
It is recommended that:
1. Council note the significant gap between potential developer contributions yield and the cost to upgrade Woodlands Lane and bridge which will continue to increase over time.
2. Council note the estimated annual financial impact of taking on responsibility for managing Woodlands Lane and bridge.
3. Council signal its intent to return developer contributions received to date in recognition that Council does not, and will not, have the financial capacity to upgrade the road and bridge at any stage based on contributions yield.
4. Council meet with residents of Woodlands Lane to explain its intended position.
5. Council express its willingness to take responsibility for the management of Woodlands Lane and bridge should the NSW Government upgrade it to a suitable standard.
6. Council express to the NSW Government its intended position that upgrades to the Woodlands Lane and bridge should not be at the expense of funding towards other Council priority projects.
7. A further report be brought back for Council to finalise its position after further engaging with residents on its intended direction as outlined in this report.
Executive Summary
For several years, residents of Woodlands Lane, Bald Hills have been advocating for improvements to the road and bridge which service their properties. There is considerable history in relation to the management of the road which includes the implementation of a developer contributions plan to contribute to upgrade the road and bridge. This report outlines some of that background and aims to determine a way forward with respect to management of the road.
Background
Woodlands Lane, Bald Hills services a number of properties in the Bald Hills area.
In February 2015 Council adopted a new Section 94 and 94A Contributions Plan which included a $20,000 developer contribution for new dwellings or lots with access to Woodlands Lane. The owners of land that had previously been issued with consents that required the upgrading of the road and bridge were given the opportunity to amend their conditions of consent to remove the condition and replace it with the requirement to pay the $20,000 developer contribution.
At the time the Contributions Plan was adopted there were nine existing houses that accessed Woodlands Lane that were not required to make a contribution towards the proposed works; twelve approved dwellings or subdivisions approved for dwellings with conditions to construct road and bridge; and ten potential lots anticipated from the subdivision of Lot 492 DP 1103062.
The Contributions Plan for Woodlands Lane was based on preliminary designs with the final road and bridge designs to be prepared later by Council’s Engineering Section including the route and standard of construction. The works were anticipated to be completed by 2020 and the estimated cost of the works at the time was $707,000. Under the contributions plan the maximum amount of Section 94 contributions anticipated for works to Woodlands Lane totalled $440,000. Contributions levied under the Contributions Plan are capped by a Direction issued by the Minister for Planning under Section 94E of the Act at $20,000.
Since the adoption of the plan one development consent has been amended and the $20,000 paid. The subdivision of Lot 492 DP 1103062 has not occurred to date, however, this land and much of the land that accesses Woodland Lane has been included in the Bega Valley Shire Rural Residential Strategy adopted earlier this year and there is now potential for some limited additional rural residential development that was not anticipated when the contributions plan was adopted.
There has been significant correspondence from residents in the area in recent years requesting Council take action to upgrade and assume responsibility for the road which is currently a Crown Land responsibility.
Options
There are several options relating to the future of Woodlands Lane with varying degrees of consequences.
Firstly, there are three principle options relating to developer contributions towards Woodlands Lane which are as follows:
Option 1:
Continue to collect developer contributions acknowledging that the maximum yield based on existing land zoning will not anywhere near meet the cost of upgrading the road/bridge to the required standard for Council to consider taking ownership.
Option 2:
Cease to continue to collect contributions and refund the contributions made.
Option 3:
Cease to continue to collect contributions and reallocate the contributions received to other projects identified in developer contributions plans which is allowable under Department of Planning, Industry and Environment (DPIE) directions.
Option 4:
Utilise the contributions collected to date to get bridge and road concept designs developed and cost estimates prepared, noting that this is only likely to reinforce the gap between potential contributions yields and the cost of works. It is also worth noting the contributions collected to date are unlikely to cover the cost of designs and cost estimations.
Option 5:
Seek Government grant funding noting there is not good alignment with this project and any typical grant programs available and that submission of this project would likely be at the expense of other priorities previously submitted and unfunded (which are already Council assets).
Community and Stakeholder Engagement
There has been limited Community Stakeholder Engagement on the specific recommendations in this report. There has been considerable correspondence and a number of meetings between residents and stakeholders relating to Woodlands Lane.
Engagement planned
It is recommended as part of this report that a community meeting is held to explain the option that Council staff present in this report if Council endorse this direction in principle for the future management of Woodlands Lane prior to a final decision being made. It is anticipated that the majority of residents are unlikely to be supportive of the option that is being recommended for endorsement and it is considered important to explain the reasons behind and consequences of whichever option Council endorses.
Financial and Resource Considerations
Currently there is no provision in Council’s Long Term Financial Plan (LTFP) for any upgrades to or maintenance of the sections of the road and bridge not currently managed by Council.
Council has collected $42,000 in developer contributions which is held in reserve.
The most recent cost estimate (noting this is based on assumed unit rates without a design) for the road and bridge upgrades is $1.35m. This includes the bridge estimated to cost $600,000, preliminaries (including drainage, vegetation works and survey/design) $100,000, pavement $560,000 and seal $90,000. This assumes approximately 1.5km of road with a 6.6m wide pavement and 6m wide wearing surface (seal).
The table below presents an indicative annual depreciation expense with the key assumptions used in the calculation that the road surface (seal) will need to be renewed every 15 years, the bridge will need to be renewed every 100 years and the road pavement will need to be renewed every 70 years.
Component |
Replacement Cost |
Useful Life |
Annual Depreciation (cost/useful life) |
Bridge |
$600,000 |
100 |
$6,000 |
Road Pavement |
$560,000 |
70 |
$8,000 |
Road Wearing Surface (seal) |
$90,000 |
15 |
$6,000 |
Total |
|
|
$20,000/annum |
It is considered reasonable to assume that on average over the life of the bridge that 0.5% of capital value would be required for maintenance noting this allows for larger, periodic maintenance requirements to sub components of the bridge as well as vegetation maintenance around the bridge. This figure equates to $3,000/annum.
It is considered reasonable to assume an equivalent percentage of the road components combined per annum for maintenance which also takes into consideration associated drainage and vegetation works. This figure would equate to $3,250/annum.
Even if it was assumed Council was not required to contribute any of the upfront capital required to upgrade the road and bridge, the estimated additional financial impact to Council due to depreciation and maintenance is $26,250/annum.
Council has not identified or committed any resources to design works which would be required if external funding is sought.
Legal /Policy
The Roads Act and Environmental Planning and Assessment Act are relevant to the content of this report.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The following items out of Council’s Community Strategic Plan and Delivery Program are considered relevant to the content of this report:
· Community Strategic Plan Goal 12: Our Council is financially sustainable and services and facilities meet community need
· Delivery Program Action 5.10.3: Plan and manage concrete and wooden bridges, culverts, causeways, major wharves and public jetties
· Delivery Program Action 5.10.14: Plan and manage sealed and unsealed, rural and urban road network and associated infrastructure
Economic
The economic impacts associated with this report predominantly relate to the impacts of potential additional lots and population that are impacted by a decision on the upgrade of the road.
Risk
There is significant financial risk to Council associated with committing to fund (even partially) the cost of Woodlands Lane road and bridge upgrades. This is due to the unbudgeted capital cost as well as additional maintenance and operating costs as a result of needing to account for new assets not previously the responsibility of Council.
Residents have identified a risk to their safety on the road, which is not currently a Council managed road, being a crown road.
Social / Cultural
The social impacts associated with a decision on this report relate to the potential to further develop within the Woodlands Lane area, noting that if the contributions plan is removed then the cost of road and bridge upgrades would become a condition for new development. This would make further development in the area less feasible.
Attachments
Nil
Council 11 November 2020 |
Item 11.2 |
The purpose of this report is to provide Council with an update on the subdivision of the Bega Saleyard land parcels and for Council to endorse the draft Deed of Agreement with the NSW Rural Fire Service and approve the draft subdivision for lease purposes.
Operations
1. That Council give notice of its intention to classify Lot 1 and 2 DP 1268814 at Kerrisons Lane, Bega as operational land under section 34 of the Local Government Act 1993 (NSW) upon registration of the plan of subdivision.
2. That Council enter into a formal Deed of Agreement and Licence with the NSW Rural Fire Service, for the provision of Lot 1 DP 1268814 at Kerrisons Lane, Bega for the purpose of establishing a fit for purpose emergency control centre and regional facility, as detailed in the attached draft Deed.
3. That Council approve the subdivision of Lot 282 DP 750190 and Lot 2 DP 1268814 for lease purposes as shown on the attached draft plan for lease purposes.
4. That Council note a public Expression of Interest process will be conducted by Council officers for the use and management of the Saleyards facility shown as Lot 282 DP 750190 and Lot 2 DP 1268814 on the draft plan for lease purposes attached and the results be presented back to Council for consideration.
5. That Council approve a further 3-month lease to Sapphire Horizons Pty Limited, from 31 December 2020 to 31 March 2021 on the same terms and conditions as the existing lease.
6. That Council delegate authority to the General Manager and Mayor to execute the necessary documentation to affect the above course of action.
Executive Summary
Following the resolution of Council on 29 April 2020, Council officers have progressed works associated with the subdivision of the Bega Saleyard land parcels and as advised are presenting the draft Deed of Agreement (Deed) between Council and NSW Rural Fire Service (RFS) for consideration. Council endorsement is also being sought to progress the registration of the draft plan for lease purpose prior to commencing a formal expression of interest (EOI) process for the long-term use and management of the remaining saleyard land parcels.
Background
Council resolved at its Ordinary Meeting of 29 April 2020, when considering the future occupation and management of the Saleyards facility and the future use of the Council owned operational land parcels at Kerrisons Lane, Bega as follows:
1. That Council receive and note the report.
2. That Council approve the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 at Kerrisons Lane, Bega as shown on the attached diagram and detailed in the report to Council of 29 April 2020.
3. That Council enter into a formal Deed of Agreement, with NSW Rural Fire Service, for the provision of land at Bega Saleyards site for establishing a fit for purpose emergency control centre and regional facility, noting the final Deed details will be brought back to Council for consideration.
4. That Council approve the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 for lease purposes to formally identify the Saleyards site, Council’s stockpile site, pound and fenced compound area so that an exclusive long-term lease can be progressed over the remaining Bega Saleyards facility.
5. That Council note a public Expression of Interest process will be conducted by Council officers for the use and management of the Saleyards facility and the results will be presented back to Council for consideration.
6. That Council approve a further 6-month lease to Sapphire Horizons Pty Limited, from 30 June 2020 to 31 December 2020 on the same terms and conditions as the existing lease.
7. That Council hereby authorise its official seal to be affixed to the plan documentation under the signature of the Mayor and General Manager to subdivide the land.
Following the resolution of Council, officers progressed with the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 for the purpose of creating a suitable location for an Emergency Control Centre (ECC) and regional facility.
The 2-lot subdivision to create the allotment for the RFS meets the exempt provisions of under subdivision 38 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Therefore, as the first subdivision only includes the creation of the lot for emergency services purposes, a development application was not required and was able to be approved under a subdivision certificate application which was issued on 6 August 2020 by Council’s Planning department as Exempt Subdivision Certificate number. 1212/20.
Registration of the attached plan of subdivision of Lot 214 DP 1253502 has been lodged at NSW Land Registry Services (LRS) and has been allocated the Deposited Plan number DP1268814. Once the new certificates of title for the subdivided land parcels have been received by Council officers they should be classified as operational land under the Local Government Act 1993 (NSW) (LG Act) to allow flexibility if easements for services are required to be registered over the land in the future, or if Council wishes to divest of their interest in the land to a suitable land owner.
Concurrently, in consultation with Council’s legal services panel a review of the attached Rural Fire District Service Agreement (RFDS Agreement) between Bega Valley Shire Council, Eurobodalla Shire Council and the Commission of the NSW RFS, and the Rural Fire Services Act 1997 (NSW) (RFS Act) has been undertaken. The RFDS Agreement stipulates that Council will provide land and buildings for the NSW RFS. It has been determined that:
a) RFS will occupy the land pursuant to a licence agreement under clause 6 of the RFDS Agreement for a minimum period of 20 years;
b) The land and any buildings will remain vested in Council (clause 5 and 6 and section 119 of the RFS Act);
c) As the terms of the RFDS Agreement and provisions under the Act provide for the above a Deed and licence will adequately cover this proposal;
d) If there are amendments to the RFS Act in the future to allow RFS to hold land and assets the Deed will become null and void and further consultation between Council and RFS will be required;
e) The proposal is subject to RFS relocating from their current Bega location within the Council depot precinct and this facility becoming available for Council operational requirements.
As such, the attached Deed has been drafted for Councils consideration.
Council officers have also been working with surveyors regarding the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 for lease purposes to formally identify the Saleyards site, Council’s stockpile site, new pound and fenced compound area so that an exclusive long-term lease can be progressed over the remaining Saleyards facility. A copy of the draft plan for lease purposes is attached for the information of councillors. It should be noted that the kiosk and toilet facilities have not been identified as a separate lot as it is the intention of Council officers that these facilities continue to be managed and maintained by the lessee following a formal EOI process.
Given the time it has taken to progress the subdivision work detailed in the resolution of Council from its Ordinary Meeting of 29 April 2020 and the time LRS are taking to register plans a further extension of the lease to Sapphire Horizons Pty Limited is required to allow officers to progress the EOI process and bring a further report back to Council with the results. The variation of lease to Sapphire Horizons Pty Limited to extend tenure from 30 June 2020 to 31 December 2020 has been drafted and is currently with the lessee for execution. It is proposed that before the documentation be executed by both parties and registered it be extended for a period of three (3) months until 31 March 2020.
Options
The options available Council are as follows:
1. Accept the recommendations provided by Council officers above and resolve accordingly; or
2. Decline to accept the recommendation provided by Council officers to enter into the draft Deed attached. Noting the land has been subdivided under the exempt provisions of the SEPP for emergency services purposes as well as the importance of securing an RFS presence in the Bega Valley.
3. Decline to accept the recommendation provided by Council officers to approve the subdivision of Lot 282 DP 750190 and Lot 2 DP 1268814 as shown on the attached draft plan for lease purposes. Noting only short-term tenure arrangements can be pursued until a subdivision for lease purposes is progressed and any changes to the draft plan will incur additional surveyors’ costs.
4. Other options, as raised and resolved by Councillors.
Community and Stakeholder Engagement
Engagement undertaken
Property officers consulted with Council’s planning team regarding the subdivision of the land parcels.
Council officers have held discussions and conducted site visits with the surveyors and the current Saleyards lessee regarding the relocation of the pound and potential extension of the current lease to allow time for the plans to be registered at LRS and the EOI process to be complete. The lessee has indicated he would like to continue with his occupation of the facility until 31 March 2021.
Council officers have also advised RFS personnel that they will be consulted regarding the draft Deed following the resolution of Council.
Engagement planned
Section 34 of the LG Act provides that a public notice of a proposed resolution to classify land must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final resolution to classify Lot 1 and 2 DP 1268814 at Kerrisons Lane, Bega as operational land.
In accordance with the provisions of the LG Act and to maintain transparency and avoid any suggestion of impropriety, Council officers will run a public EOI process for the use and occupation of the Saleyards facility and report the results back to Council for consideration.
Financial and Resource Considerations
As outlined in the attached report from Councils Ordinary Meeting of 29 April 2020, the annual lease fee payable by the lessee of the Saleyards is currently $8,800 per annum (base rental) plus 10% of all yard dues. All lease fees payable are held in the Saleyard reserve and all costs associated with the subdivision for leases purposes will be offset against the lease income and income from sale of land for creation of Spanish Oaks Drive. The current balance held in the Saleyards reserve as at 28 October 2020 is $50,085.23 and noted below is a breakdown of costs to date associated with the subdivision work.
Item |
$ Excl GST |
Expenditure Detail |
As at 28 October 2020 |
Survey work associated with the subdivision |
$4,820.00 |
LRS registration costs for the subdivision |
$560.36 |
Exempt subdivision application fee |
$583.64 |
Survey work associated with the subdivision for lease purposes |
$7,340.00 |
Legal fees |
$1,753.11 |
Total Expenditure |
$15,057.11 |
Source of Funds |
|
Income from sale of land for creation of Spanish Oaks Drive |
$16,000 |
Project Funding Shortfall |
Not known at this time |
This project will have a funding shortfall as it was first anticipated that all costs associated with the subdivision would be offset against the proceeds of any sale. As Council will not be progressing a sale of any part of the saleyard land parcels at this time costs associated with the subdivision, registration and legal fees will be funded from the saleyard reserve balance. Legal /Policy
Under section 26 of the LG Act, Council land must be classified as either community or operational land. Section 31 of the LG Act provides that a property may be classified within 3 months by Council resolution or it automatically defaults to community land.
There are restrictions under the RFS Act and Regulations on the RFS owning land and equipment, including buildings. The draft Deed attached has been drafted on this basis and will terminate if any change to the RFS Act occurs to allow RFS to own land and buildings. At this time further negotiation with the RFS for the transfer of the land and any improvements on the land would be required.
A lease has been determined the most suitable tenure arrangement for the saleyard facility as a lease enables exclusive use over the land for a specified term and purpose. In accordance with the Registrar General's directions when the lease affects part of a lot in a current plan it is necessary to provide a plan to define the land in the lease. The draft plan for lease purposes is attached for the information of councillors.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Please refer to the attached report from Councils Ordinary Meeting of 29 April 2020 for strategic alignment information relevant to this report.
Economic
Please refer to the attached report from Councils Ordinary Meeting of 29 April 2020 for economic information relevant to this report.
Risk
While the land remains unclassified, the land may not be used for any purpose other than that for which it was being used immediately before it was redefined, and Council may not dispose of any interest in the land.
Attachments
1⇩. Council report dated 29 April 2020 - Bega Saleyard land options
2⇩. Unregistered Plan of Subdivision DP1268814
3⇩. NSW Rural Fire Service - District Service Agreement between Bega Valley Shire Council, Eurobodalla Shire Council and RFS
4⇩. Draft Deed of Agreement between BVSC and RFS regarding the provision of lot 1 DP 1268814 at Kerrisons Lane, Bega
5⇩. Draft lease plan - Bega Saleyard facility
Council |
11 November 2020 |
Item 11.2 - Attachment 1 |
Council report dated 29 April 2020 - Bega Saleyard land options |
11 November 2020 |
|
Item 11.2 - Attachment 3 |
NSW Rural Fire Service - District Service Agreement between Bega Valley Shire Council, Eurobodalla Shire Council and RFS |
11 November 2020 |
|
Item 11.2 - Attachment 4 |
Draft Deed of Agreement between BVSC and RFS regarding the provision of lot 1 DP 1268814 at Kerrisons Lane, Bega |
Item 11.3 |
11.3. RFT 2021-03 Pretty Point Bridge Construction
This report details the evaluation outcome of Request for Tender 2021/03 for the replacement of Pretty Point Bridge.
Director Assets and Operations
1. That Council accept the tender for RFT 2021/03 Pretty Point Bridge from [to be inserted] for $[to be inserted] as outlined in Confidential Attachment 1.
2. That Council delegate to the General Manager authority to award the tender and execute all necessary documentation.
3. That Council officers advise unsuccessful tenderers of Council’s decision.
Executive Summary
This report presents the outcome of RFT 2021/03 for Stages 5-8 to complete the permanent installation of the Unibridge system at Pretty Point Bridge, as well as associated roadworks in accordance with the original resolution of Council of 2013.
The bridge replacement works when complete will not preclude the later re-installation of the original timber trusses on to the bridge, should funding permit in the future.
This item was deferred at the last Council meeting due to funding Deed finalisation. It is expected that the funding Deed will be finalised prior to the meeting on 11 November, 2020. If this is not the case the matter will again be deferred. The tender guidelines are being monitored in line with statutory requirements.
Background
Council resolved the following at its meeting 6 November 2013 regarding replacement of the Pretty Point Bridge:
1. That Council replaces the Pretty Point Bridge using the Unibridge modular bridging system.
2. That Council not call tenders due to extenuating circumstances and the unavailability of alternative tenderers that can provide a system to allow the staged restoration of the Pretty Point bridge and maintain its historical links.
3. The works to be staged and carried out by Council’s bridge team to minimise the impact on Council’s LTFP bridge program.
The new bridge was designed based on the Unibridge system to enable staged construction. Stages 1 to 3 were carried out in 2017 as an interim measure using two of the Unibridge steel box girders.
This was done to ensure continuing load capacity for heavy vehicles. Council procured the complete Unibridge system components for the new bridge during Stages 1-3.
The first three stages were completed during the 2013/14 financial year, with the following works completed:
Stage 1
· Installation of temporary girder1 to support the upstream edge of the deck
· Removal of the upstream truss to allow for installation of temporary girder 2
Stage 2
· Installation of extra piles to existing piers to support temporary girder 2
· Installation of temporary girder 2 to support the upstream edge of the deck to allow transfer of temporary girder 1
Stage 3
· Support of temporary girder 1A and clearing of the deck
· Installation of temporary girder 1 to support the downstream edge of the deck
· Removal of the downstream truss with the deck now supported by the Unibridge girders
During Stage 3 of the bridge replacement the existing timber trusses were removed from the bridge and transported to Bega for storage. It was also at this time, the bridge load limit was revised to 20 tonnes, with a 10 km/h speed limit and a 3.5m traffic lane.
Council resolved at its meeting 23 November 2016:
That the Programme Works be carried out on the Pretty Point Bridge using Unibridge Modular Bridging system, without reinstating the Timber Trusses.
Stage 4 of the works was completed in 2016/17 with the following works:
• Construction of the new pier 2 (western) adjacent to the original pier
• Concrete encase of the existing pier 1 (eastern)
Council again considered Pretty Point Bridge at its meeting of 11 November 2017 and resolved:
That Council continue to work with the Pretty Point Bridge committee to promote and research the possibility of putting the trusses back on the new bridge in a manner that does not interfere with the operation of the bridge and reflects the heritage of the bridge.
The scope of work for RFT 2021 03 includes Stages 5-8 to complete the permanent installation of the Unibridge system as well as associated roadworks in accordance with the original resolution of 2013.
The bridge replacement works when complete will not preclude the later re-installation of the original timber trusses on to the bridge should funding permit in the future.
The existing trusses have now been relocated from the Bega Bridge Yard to a dedicated display site adjacent to the bridge by the local community with the assistance of the NSW Government ‘Heritage Near Me’ grant and are currently being restored by the community.
Community Engagement
Extensive consultation has taken place regarding the bridge with the local community over the last decade.
Wyndham Progress Association has provided letters of support to complete the construction within the current scope.
The local community will be informed of construction as it progresses.
Financial and resource considerations
The table below provides detail of the project budgets and funding sources associated with bridge replacement.
Funding sources |
|
Amount |
2020-21 SRV for Timber Bridges Renewal Program 2020-21 Federal BRP Round 5 |
$ $ |
350,000 500,000 |
Total |
$ |
850,000 |
Legal /Policy
The works are scheduled as part of Council’s bridge renewal program.
No further approvals are required.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The replacement of Pretty Point Bridge aligns with the Community Strategic Plan, Outcome 5: Connected Communities:
‘Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond ‘
It is a key deliverable in the Transport Capital Delivery Plan and the subject of Bridges Renewal Program Round Five grant application, as outlined in the Operational Plan 2020-21.
Environmental / Sustainability
Review of Environmental Factors has been done. The works carried out as per the REF will have minimal environmental impact.
The RFT Scope of Work specifies recycling of all metal, salvage/reuse of other demolished materials including in particular timber where practicable.
Economic
The new Pretty Point Bridge will reduce Council’s future maintenance costs.
Risk
The new Pretty Point Bridge will reduce risk from bushfire and flood. The existing timber bridge caught fire causing considerable damage in the January 2020 bushfires during which it was extinguished three times by local firefighters.
Social / Cultural
Pretty Point Bridge is a critical strategic transport link to the New Buildings and Rocky Hall communities and beyond and the current weight load limit restriction will be removed
Attachments
1. Confidential Attachment Report RFT 2021/03 Pretty Point Bridge Construction (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 |
11 November 2020 |
Councillor Reports
11 November 2020
14.1 Canberra Region Joint Organisation Board Meeting 26 October 2020............ 188
14.2 Australian Coastal Councils Annual General Meeting - 16 October 2020........ 189
Council 11 November 2020 |
Item 14.1 |
14.1. Canberra Region Joint Organisation Board Meeting 26 October 2020
This report provides a summary of matters discussed at the Canberra Region Joint Organisation Board meeting of 26 October 2020.
Cr Fitzpatrick
That Council receive and note the report on the Canberra Region Joint Organisation Board meeting of 26 October 2020
Board Meeting Outcomes
The Canberra Region Joint Organisation (CRJO) met via Zoom on 26 October 2020. The Board welcomed new CEO, Kalina Koloff, to her first meeting. Matters discussed at the meeting included:
· Advocacy undertaken by the NSW JO forum, chaired by Mayor Rowena Abbey (Yass), on water management, collaboration with other levels of government, Terms of Reference for NSW Government’s JO review, NSW Government grants Inquiry, and resourcing support for the JO.
· Noting that the Regional Workforce Strategy has now been completed (final report to be circulated).
· Advocacy undertaken by the JO on Dams Safety Review, IPART review of domestic waste management charges, access to Public Space funding, and NSW Government grants Inquiry.
· Operational updates from the JO on contaminated land, waste management, regional procurement, and the financial position of the JO.
· Updates from Resilience NSW, particularly in relation to newly released bushfire recovery grant programs
· Outline of the machinery of Government measures associated with the return of the ACT Government.
· Updates from Regional NSW on expansion of support for regional business delivery, particularly focusing on indigenous, youth and displaced worker supports.
The Board also received a presentation from Telstra outlining its emergency management framework, emergency communications equipment able to be deployed to restore service, support packages for impacted customers and local community emergency communication kits.
The Minutes will be circulated when received.
Attachments
Nil
Council 11 November 2020 |
Item 14.2 |
14.2. Australian Coastal Councils Annual General Meeting - 16 October 2020
This report provides a summary of matters discussed at the Australian Coastal Councils Association’s Annual General Meeting of 16 October 2020.
Cr Griff
That Council receive and note the report on the Australian Coastal Councils Annual General Meeting of 16 October 2020.
Annual General Meeting Outcomes
The Australian Coastal Councils Association met via Zoom for its Annual General Meeting on 16 October 2020. A copy of the minutes of that meeting are provided in Attachment 1. Key matters discussed included:
· ACCA’s ongoing advocacy campaign aimed at achieving additional support for coastal councils in their efforts to address widespread coastal hazards and increased funding for climate science research.
· Formation of a Coastal Hazards Working Group by Environment Ministers at their November 2019 meeting to address coastal erosion and inundation hazards.
· A national survey to collect data on the extent and impact of coastal hazard issues around Australia and to identify options for addressing these hazards (analysis still underway).
· Appointment of Alan Stokes as a representative to the Australian Academy of Science’s Oceans and Coasts National Strategy Expert Working Group.
· Postponement of ACCA’s Fremantle Forum, due to COVID.
Attachments
1⇩. Australian Coastal Councils Assocation - AGM Minutes - 16 October 2020
Council |
11 November 2020 |
Item 14.2 - Attachment 1 |
Australian Coastal Councils Assocation - AGM Minutes - 16 October 2020 |
Council |
11 November 2020 |
Notices of Motion
11 November 2020
16.1 Background on Use of Council Facilities for historical related purposes.......... 199
16.2 Cobargo public amenities.................................................................................. 200
16.3 Bega Valley Regional Learning Centre options................................................. 201
Council 11 November 2020 |
Item 16.1 |
That Council be provided with a report in relation to the use of Council facilities by museums, including current management arrangements, costs and possible options in relations to financial support for the important voluntary committees operating from these assets.
The Bega Valley Shire has a number of museums that are situated on Council-managed land. These museums are predominantly run by volunteers and are important for the preservation of the Shire’s history.
The Shire’s museums are appreciated by many locals and tourists. Costs associated with the management and operation of Council facilities in which these museums are located need to be considered to ensure the structural integrity of these facilities is maintained into the future and both the museums and the facilities continue to be financially viable.
Cr Russell Fitzpatrick
Nil
Council 11 November 2020 |
Item 16.2 |
1. That Council rebuild the public toilets in Cobargo, destroyed in the Summer fires, at their previous location in the main street.
2. That staff provide a report to Council on the costs associated with constructing an additional single, accessible toilet at Apex Park in Cobargo.
As a consequence of the tragic fires over the 2019/20 summer period the public toilets in the main street of Cobargo were destroyed. Temporary hire toilets have been in place since which are costly and not to a standard the community would like. Two main sites have been proposed for consideration being on the existing site and the Apex Park site. It is time for Council to provide some certainty and move forward with a site decision. The land the public toilets were on is land that was gifted to the community for the purpose of building public toilets. There has been a petition circulating in the Cobargo community which demonstrates strong support for the toilets being rebuilt on the existing site.
Cr Tony Allen
Nil
Council 11 November 2020 |
Item 16.3 |
That Council undertake necessary investigation to provide a report on the ownership options for the Bega Valley Regional Learning Centre.
In August 2015 Bega Valley Shire Council purchased Lot 210 DP 1181811 Cabarita Place Merimbula with the intention of establishing a regional training centre.
The Council has operated the Bega Valley Regional Learning Centre (BVRLC) since that time. The BVRLC houses a number of tenants. The original purchase required a timeline of operation as a learning facility. That has now expired.
An investigation into the financial performance, ownership and other options would provide Council with information to consider the commercial value of the asset and should include recommendations on the options in accordance with Council’s adopted financial strategy.
Cr Russell Fitzpatrick
Nil
Council |
11 November 2020 |
Questions with Notice
11 November 2020
17.1 Cr Bain - Drought funding.................................................................................. 203
17.2 Cr Nadin - Old Pambula Courthouse................................................................. 206
17.3 Cr Nadin - Tura Library...................................................................................... 210
17.4 Cr Bain - Eden Lime Incident............................................................................. 212
Council 11 November 2020 |
Item 17.1 |
17.1. Cr Bain - Drought funding
Councillor Bain asked if Council could identify the contractors that benefited from the $1 million drought funding that was received by the Federal Government.
Director Assets and Operations
Staff Response
Below is a breakdown on the local spend on contractors, supplies, materials as of late September for the town uplift component of the funding:
Eden
Total local jobs and spend by completion
1. Tree removal-$5k Eden contractor
2. Installation - $36k Eden Contractor
3. Electrician-$5k Eden contractor
4. Traffic control-$1k Platinum
5. Supply Tables/Shelter/timber fence -$20k North Eden timber
6. Supply turf $1k-Pambula
7. Supply plants $1k-Merimbula
Total local spend $75k
Merimbula
Toilet upgrade
Total local jobs and spend by completion
1. Builder-Grant Dowdle $8k
2. Painter- Delso Painting- $9k
3. Temporary fence-Hire Pambula $1k
4. Temporary toilet hire $1k
5. Empty toilets $1k
6. Mural/Artwork-$5k Disability trust
7. Pressure cleaning $1k- Tura Steamatic
Total local spend $26k
Market street/Promenade Garden upgrades
Total local jobs and spend by completion
1. Water installations- $10K Merimbula Plumber
2. Garden installations- $10k Merimbula Landscaper Pod gardens
3. Supply Planter boxes- $ 10k North Eden timber and Merimbula engineering (steel frame)
4. Install/Plant- Planter boxes $5k
5. Install water installations for planter boxes $5k -Bega plumber
Total spend local $40k
Alice Street footpath upgrade
Total local jobs and spend by completion
1. Temporary Fence $1k
2. Concrete Install $5k
3. Supply concrete $20k
4. Supply planter boxes $2k
5. Install planter boxes $1k
Total spend local $30k
Total local spend for Merimbula $96k
Bega
Total local jobs and spend by completion
1. Install Bin enclosures $3k
2. Install seats $7k
3. Water installations $3k
4. Planter boxes supply $8k
5. Install plant planter boxes- $5k
Total spend local in Bega $26k
The supply of bin enclosures and seats was external $69k no local supplier could provide in timeframe November 30.
Bermagui
Bermagui Blue Pool
Total local jobs and spend by completion
1. Remove and install picnic tables $11k
2. Local aboriginal land council $1k
3. Supply Timber bollards $3k North Eden timber
4. Garden improvements $2k local landscaper
Total local spend $17k
Bermagui Dickinson Park
Total local jobs and spend by completion
1. Remove and install $10 k
2. Local Aboriginal Land council $1k
3. Timber bollards- $3k
Total local spend $14k
Bermagui $31k
Total Separate procurements
· 36
Total Local spend
· $228k of $331k budget, 69% of total budget so far. With possible $40k still to be allocated.
Council has not allocated all of the $183K dedicated to cemeteries as yet but can advise so far as follows:
· $54K - Grant Dowdle – Eden cemetery fence;
· $30,525 - Bega Bob Cats – Road formation work and shoulder cleaning at Bega cemetery;
· $33,330 - Bega Bob Cats - New Lawn Section and extra road formation and sealing at Bega cemetery;
· $15,500 - Downer – sealing road at Bega cemetery;
· $5K – Creative Lines – Pambula cemetery memorial garden;
· $8K - Rotary Merimbula – Cobargo cemetery shade pavilion, memorial garden, replacement of damaged container and road upgrade.
Council has allocated the remaining to Pambula and Bermagui road upgrades but as yet the scoping of works has not been completed.
In relation to the fire hazard reduction component, assessments have been completed and required works have been included in Request For Quote documents for Tree Works, Site Mulching and Hand Clear Works packages advertised through Vendor Panel (Using BVSC Trade Services Panel). These are still being finalised.
Attachments
Nil
Council 11 November 2020 |
Item 17.2 |
17.2. Cr Nadin - Old Pambula Courthouse
At the Council meeting of 7 October 2020, Cr Nadin asked a question on notice regarding lease arrangement at Old Pambula Courthouse.Item 18.2 Old Pambula Courthouse
Cr Nadin asked about the lease arrangement at Old Pambula Courthouse and the timeline and dialogue between Council and the tenant.
Director Assets and Operations
Staff response
Council resolved, at its Ordinary Meeting of 20 May 2015, when considering its position on Bega Valley Genealogy Society Incorporated’s (BVGS) continued occupation of the Old Pambula Court House and Police Station as follows:
1. That Council, as Reserve Trust Manager of the Baddeley (R.180066) Reserve resolve to enter into a ten year Licence Agreement with the Bega Valley Genealogy Society Incorporated for their occupation of the Old Pambula Courthouse and Police Station building within Reserve 180066 at Pambula.
2. That authority is granted for the General Manager and/or Mayor to execute the Licence Agreement.
3. That in accordance with the requirements of the Crown Lands Act, Council obtains endorsement of Minister’s consent to the Licence
Following the Resolution of Council, a 5-year licence agreement was issued which expired on 30 June 2020. The resolution provided Council officers with the provision to issue a further 5-year licence agreement without a further report to Council or public expression of interest process.
The report to Council of 20 May 2015 recommended the Crown Land minimum annual licence fee should apply for the first year of tenure, with an annual increase in line with CPI movements for the remainder of the licence term. It is also proposed a further rental rebate application should be submitted at the end of the third year to determine if the financial capacity of BVGS had altered and whether the minimum annual rental should still apply. BVGS were not asked to complete a new rental rebate application until the end of their 5-year licence term.
Council officers took the necessary steps to issue the further tenure and by doing so arranged for Native Title advice and an updated market rental valuation and rental rebate application. The initial valuation provided by Opteon Property Group outlined an achievable annual market rental of $40,800. Through consultation with the Valuer amendments were made to the final valuation report which was presented in three ranges:
· Market Gross Rent Lower: $25,500pa
· Market Gross Rent Middle: $31,875pa
· Market Gross Rent Upper: $38,250pa
Since 2015, BVGS have been paying minimal rent with the current annual rental being $559.63 based on a 99% rental rebate assessment. As part of the renewal process, BVGS completed an updated rental rebate application and their new rental rebate was assessed as 61%. Using the lower range as outlined above, this resulted in a rental increase from $559.63 to $9,945 per annum.
As expected, Council officers received correspondence from BVGS questioning the rental increase and a discussion took place in which it was agreed that BVGS would resubmit a revised rental rebate application to be assessed by the panel. Following the assessment, the revised rebate was determined as 83% and the subsequent rental calculated at $4,335 plus GST per annum. On this basis Council officers directed BVGS to the Funding Finder on Council’s website for information on additional financial support available and offered a payment arrangement.
Council manages numerous facilities across the Shire and is expected to either gain a commercial return on those community assets or provide broad community benefit from those assets. To meet these objectives, Council has policies and procedures in place to ensure transparency and consistency in how lease/licence fees are calculated. As part of these procedures, Council periodically obtains market rental valuations as the basis for calculating rental fees. Deductions are then applied based on (for example) the type of organisation occupying the facility and the relative attribution of maintenance costs.
Between when BVGS entered into their last occupation arrangement with Council and now, Council has reviewed the Rental Assessment and Rebate Procedure to better reflect the costs associated with providing facilities. The Procedure was originally adopted in 2010 as an equitable means of calculating rental rebates available to community organisations and to ensure a level of consistency throughout the Shire. The review of the Procedure saw a need to amend the scoring system to ensure some form of financial contribution towards the costs associated with maintaining ownership of building assets as well ensuring Council can afford to subsidise all eligible existing and future lessees/licensees utilising Council building assets.
It should be noted that the building has not been maintained during the last 5-year term to an acceptable standard which has resulted in roof leaks costing Council approximately $5,000. The building is reaching a stage where further capital investment will be required, and Council officers are in the processes of obtaining a pest inspection and asbestos report for the building to better understand the immediate needs at the site. Council officers would also like to have a conservation management plan prepared to assist in managing the building into the future, but this is currently unfunded.
It was noted in the original rental rebate assessment completed by the BVGS that the average age range of volunteers is late 60's to 90's and they do what is physical possible keeping the building clean and tidy but that is about the extent of their capabilities. The BVGS originally completed the rental rebate assessment with a view to place more onus on Council in relation to building maintenance which therefore reduced their rebate eligibility, hence the need to resubmit the application. Whilst this allowed BVGS to score higher in the assessment it does put more maintenance responsibilities on them which is not considered a good result for the asset life of the historical building.
Although a substantial fee increase has resulted, the annual rental fee payable is still heavily subsidised to what this organisation would be paying for space elsewhere in the private rental market.
Below is a table with a timeline of the dialogue between Council and the BVGS.
Date |
Action |
20 May 2015 |
Council resolved to grant tenure of 10 years. Noting min rent for the first year, increased annual by CPI with a new rental rebate application being submitted at the end of the third year to determine whether min rent should still apply |
1 July 2015 |
Licence agreement commencing 1 July 2015 expiring on 30 June 2020 |
17 April 2015 |
Rental Rebate Application assessed at 99% |
1 July 2017 |
BVSC paid Harris Plumbing - $2,570 |
Nov 2017 |
Amendments to Rental Assessment and Rebate Procedure |
5 March 2019 |
BVSC Paid Manor Building for Roof repair - $4,543 |
31 October 2019 |
BVSC paid Bega Fire Systems - $48 |
9 December 2019 |
Letter to BVGS regarding maintenance of grounds surrounding building |
3 March 2020 |
BVSC paid Bega Fire Systems - $123 |
7 May 2020 |
Letter regarding rental write off for 6 months rent following resolution on 29 April 2020 COVID relief |
1 June 2020 |
Email to BVGS regarding renewal of licence agreement |
24 June 2020 |
Email requested Rental Rebate Application be complete and returned |
26 June 2020 |
BVGS returned complete rental rebate application for assessment assessed at 61% |
1 July 2020 |
Native Title advice received for renewal of licence |
2 July 2020 |
Opteon Valuation report received for $40,800 pa |
11 August 2020 |
Licence, valuation report and rental rebate assessment results sent to BVGS |
12 August 2020 |
Email from BVGS regarding rental increase |
14 August 2020 |
Telephone call and email to BVGS regarding process undertake and reason for rental increase – agreed for BVGS to resubmit rental rebate application |
17 August 2020 |
BVGS returned complete rental rebate application for the second time with changes |
28 August 2020 |
Letter to BVGS explaining assessment of rental rebate application accessed at 83% and financial assistance available. Attached copies of rental rebate application results and Councils Management of Leases and Licences procedure |
1 September 2020 |
Email to BVGS regarding increase and process undertaken |
9 September 2020 |
Email to BVGS regarding 29 April 2020 resolution that gives financial support to Council tenants, offer of payment arrangement |
15 September 2020 |
Email to BVGS with payment arrangement of $222 per month with the first payment due 1 October 2020 and the final payment of $212.87 due on 1 April 2022 |
18 September 2020 |
Meeting at Old Pambula Court house with BVGS representatives, Cr Russell Fitzpatrick, Cr Sharon Tapscott, Anthony McMahon, Alison Vandenbergh and Rickee Marshall |
23 September 2020 |
Rickee Marshall and Troy Thurlow inspection of building with BVGS representatives |
6 October 2020 |
BVSC arranged Pest Inspection and Asbestos report for building |
Attachments
Nil
Council 11 November 2020 |
Item 17.3 |
At the Council meeting of 7 October 2020, Cr Nadin asked a question on notice regarding the Tura Library renovations and lease arrangements of the adjoining house. Item 18.3 Tura Library
Cr Nadin asked for an update on the Tura Library renovations and lease arrangements of the adjoining house.
Dr Howe provided a response advising that concept design work for the downstairs level of Tura Library is underway. Once completed, the cost to do the work will be better understood.
Director Assets and Operations
Staff response
At its Ordinary Meeting of 10 April 2019, Council considered the results of the Expression of Interest process carried out for the use of the former manager’s residence at Tura Beach and resolved as follows:
1. That Council receive and note this report and Confidential Report attached.
2. That Council note the Expression of Interest (EOI) process for the use of the former manager’s residence at Tura Beach has now closed.
3. That Council award the tender to Connections Plus Australia as detailed in their EOI submission.
4. That Council authorise the General Manager and Mayor to enter into negotiations with U3A, as an important provider of community services, should the successful applicant decide not to accept Council’s conditions in relation to lease responsibilities, and also in relationship to potential alternative sites.
Following the resolution of Council, Connections Plus Australia progressed a Development Application for the change of use from dwelling to community facility, shop top housing and wall sign (ancillary) with development consent issued on 20 November 2019. Connections Plus Australia engaged a local builder to complete the works on the building with a significant investment of approximately $200k in the Council facility. Works are well underway with the project due for completion in the very near future.
Concurrently, Council officers progressed the formal lease arrangement with Connections Plus with a twenty-one (21) year lease being registered at Land Registry Services on 30 June 2020. In addition, Council have carried out the following works to ensure the building is fit for purpose for a long-term tenure:
· Connection of a second water meter to the land parcel to ensure the water usage from the house can be billed separately to the library development;
· Pest inspection;
· High pressure cleaning of all exterior surfaces on building and fence;
· Painting of exterior of building including fence and eaves;
· Sanding and painting of timber fence slats, screen, doors and decking boards;
· Clean-up of items left in yard and mulching of gardens.
At its Ordinary Meeting of 29 April 2020, Council considered options available through revenue management to provide economic relief to support those impacted by the COVID-19 pandemic and resolved as follows in relation to rental payments associated with the Connections Plus lease:
That Council delay lease fees payable by Connections Plus Australia for the use of the former manager’s residence at Tura Beach for a period of six months following receipt of an occupation certificate with lease payments to commence no later than 1 July 2021.
An occupation certificate has not been issued to date and it has recently been found by Connections Plus’s builder that the titles on the upper level of the building were incorrectly laid and are popping up. Council officers are in the process of looking at options and seeking quotation to rectify.
Dr Howe responded in relation to the downstairs area of the Library building at the 7 October meeting noting concept design work has commenced and when finalised costings will be available for further consideration on options.
Attachments
Nil
Council 11 November 2020 |
Item 17.4 |
17.4. Cr Bain - Eden Lime Incident
Councillor Bain asked two questions without notice at the Council meeting held on 28 October 2020 regarding the Eden lime incident.
Director Business & Governance
Receive and note the response to the questions without notice from Councillor Bain on 28 October 2020 regarding the Eden lime incident.
Executive Summary
Councillor Bain asked the following two questions at the Ordinary Meeting of Council held 28 October 2020 regarding the Eden lime incident:
“… could staff advise when the meeting between the Mayor, staff and residents of Eden will occur.” and;
“ … asked could staff provide an update on the staff actions relating to Stabilco’s response to the incident”.
This report provides a formal response to the questions.
Background
Question regarding community meeting with Mayor and Senior Staff – Eden
A community meeting has been arranged for Monday 9 November 2020 at 5.00PM. A verbal update can be provided at the Council meeting.
The information taken to the meeting by Council Officers is contained in this report.
Question regarding actions taken related to Stabilco’s response
On 8 October, Director Business and Governance provided Councillors with an update as to the status of the management of the Eden lime incident being managed through our insurer.
The update provided the current status whereby our Claims Manager at JLT confirmed that there has been no response from Stabilco or their insurer (QBE) regarding their management and response to the claims for the Lime Incident in Eden.
Council maintains that we are not liable for the incident and in accordance with Council procedures, Council continues to process claims received by referring these to our Claims Manager at JLT.
Options
There are two options available for the lime incident claims:
1. Recommended: To continue to deny liability to any claimants that persist in pursuing Council, reiterating that it was not Council that did the works that caused the damage, but the Contractor;
2. Not Recommended: consider settling the claims on a good will basis for the sake of its relations with its ratepayers at its own cost. This can be externally managed, but as the liability policy is not triggered, then all settlements and costs incurred will be at Council’s expense (unknown, circa 40 claims).
Community and Stakeholder Engagement
Since July 2020, formally Council Officers have met with concerned residents and responded to written and telephone correspondence to clarify events known to have occurred and noting Council would not be accepting liability.
Engagement undertaken
Community engagement has been through formal and informal arrangements following the incident.
Engagement planned
A community meeting will be held on Monday 9 November at 5.00pm as per Council resolution.
Financial and Resource Considerations
Council did offer to residents who contacted us early a professional cleaning service for homes that would not restrict them from taking any future action to seek compensation through their own insurance company. The Deed of Release signed as part of the cleaning work was limited to the cleaning work and not the impacts of the lime dust cloud.
Given that Council is not liable, our insurance policy is not triggered and all settlements and costs incurred will be at Council’s expense.
The quantity of the total number of claims is unknown. What is known is the cleaning costs offered in the first instance (make safe) was quoted at $2,500 per house and further quotes have been received regarding chemical cleaning of cars at $500 per vehicle.
These would be operational costs related to the project and would require a redirection of operational budget (general fund) should council decide to settle the claims on a “goodwill” basis.
Legal /Policy
Council refers to the case of Leichhardt Municipal Council v Montgomery [2007] HCA 6 which held that, in circumstances where an independent contractor was carrying out works and those works have caused loss or damage to a third party, Council cannot be held liable for the actions of the contractor.
Council is only liable to compensate for damage sustained in circumstances where Council itself has committed a negligent act or omission, the consequences of which were reasonably foreseeable.
We confirm that considering all evidence before us, there has been no negligence on Council’s part in this incident and accordingly, we have denied liability to claimants.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
CSP: 6.12: Our Council is financially sustainable and services and facilities meet community need
DP: 6.12.18: Deliver enterprise risk management and audit control programs
Operational activity: Insurance Management
Environment and Climate Change
Council’s contractor management framework provides for the engagement and monitoring of contractors who deliver capital projects, which detail requirements of environmentally sustainable outcomes. The after-action review indicates there were no environmental factors that influenced the behaviour of the lime during these works.
Economic
Council delivers capital projects utilising the available resources and in accordance with the NSW Civil Liability Act 2002. We have Public liability insurance to protect the interests of Council and each claim received by us is considered within legislative requirements and statutory obligations.
Risk
Council has applied standard practice for public liability insurance management upon receipt of claims from the public. The management of any public liability claims received have been referred to our insurers.
Social / Cultural
Council is empathetic to the situation of individuals who may have been affected by the lime dust. We have been encouraging the contractor to notify their insurer of the incident and take action that gives regard to the best interests of the Eden community.
Attachments