Agenda of Council - 6 October 2021

Council 6 October 2021

Item 8.1

8.1. 2021.376 Lots 33 & 34 DP505878, Lot 36 DP505879, Lot 6 DP64421, Lot 91 DP709087, Lot 60 DP732500, Lot 5 Sec 2 DP758379, Lot 1 DP1158312 - 215-217 and 221-223 Imlay Street, Eden

Director Community Environment and Planning

Applicant	E Slapp
Owner	Eden Fishermen’s Club Pty Ltd
Site	Lots 33 & 34 DP505878, Lot 36 DP505879, Lot 6 DP64421, Lot 91 DP709087, Lot 60 DP732500, Lot 5 Sec 2 DP758379, Lot 1 DP1158312 - 215-217 and 221-223 Imlay Street, Eden
Zone	B4 Mixed Use Zone and R3 Medium Density Residential
Site area	9,975m²
Proposed development	Residential Flat Buildings (86 Units)

Officer’s Recommendation

That Council:

1. Assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notify the Department accordingly.

2. Approve the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3. Approve the variation to the minimum site area for residential flat buildings under Clause 4.1(A)(3)(d) of the Bega Valley Local Environmental Plan 2013.

4. Approve development application 2021.376 for Residential Flat Building (86 Units) subject to the conditions of consent provided in Attachment 3.

5. Notify those who made a submission of Council’s decision.

Executive Summary

Development application (DA) 2021.376 is being reported to Council for determination as the application seeks to vary the current site density development standard specified by the Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

The reporting of this application to Council for determination is consistent with requirements under Planning Circular PS 18-003 as the variation sought is greater than 10% and Council officers do not have delegation to determine the variation. The proposal also seeks variations to the height.

The proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979. The variation to the height limit is minor and considered reasonable as a landmark site at the southern end of Imlay Street. The variation to the minimum site area is consistent with a Council-endorsed planning proposal to remove this requirement from BVLEP 2013.

The development aligns with the adopted strategic direction that encourages the consolidation of residential land within our town centres, as reinforced in Council’s adopted Local Strategic Planning Statement (LSPS).

The proposed development is recommended for approval, subject to the conditions of consent provided in Attachment 3.

Background

The site is occupied by the Eden Fishermen’s Club building, car parking and open space over multiple allotments. The proposed three residential flat buildings are being considered within the context of the following development:

· DA 2021.103 – Demolition of Eden Fishermen’s Club Building

· DA 2021.120 – 4 Lot Subdivision

· DA 2021.251 – Hotel and Ancillary Uses

· DA 2021.377 – Earthworks and Excavation

The property is located primarily in the B4 Mixed Use Zone at the southern edge of the Eden town centre where height limits were increased from 10m to 16m with the adoption of Bega Valley Development Control Plan 2013 (BVDCP 2013) and BVLEP 2013.

Description of the site

The site (Figure 1) covers an area of 9,975m² that is occupied by the existing club building, ancillary car parking and open space. The site is relatively flat and cleared of vegetation (Figure 2). The site is surrounded by a mixture of existing commercial and residential land uses including heritage listed properties along Chandos Street to the north. The site itself includes the ‘anchor’ monument that has been integrated into the overall design for the site.

Figure 1 – Locality plan

Figure 2 – View of the site

Description of the proposal

The proposal comprises (Figures 3 and 4 and Attachment 1):

1. Construction of three (3) Residential Flat buildings (86 Units):

a. Building A ‘Grand Marina’ (29 Units)

b. Building B ‘Ocean Breeze’ (28 Units)

c. Building C ‘Polaris’ (29 Units)

Figure 3 – Development footprint

Figure 4 – Development perspective

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 2).

Two submissions were received during the notification process raising concern about property values increasing, car parking and the overall size of the proposed development. A further late submission was also received raising a number of concerns including design, impact on the heritage values and variations to existing controls. The issues raised in the submissions are addressed later in this report.

Bega Valley Local Environmental Plan 2013

The development has been assessed in accordance with BVLEP 2013. The land is zoned B4 Mixed Use with a small section of R3 Medium Density Residential Zone (Figure 5). The proposed residential flat buildings consist of three separate buildings and a total of 86 units.

The following definition applies:

residential flat building means a building containing 3 or more dwellings but does not include an attached dwelling or multi dwelling housing.

Height and storeys

A 16-metre height limit currently applies to the site which is measured from “existing ground level” to the highest point of the building. Building height is defined as follows:

Building Height (or height of building) means—

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

The design includes a lift overrun that would encroach above the 16m height limit by 1.6m (Figure 6). A request to vary the height limit has been received from the applicant (Attachment 4).

Figure 5 – Zoning map

Figure 6 – Elevation and height control

Site Density

The proposal is subject to a site density development standard requiring one dwelling per 250m² under Clause 4.1A(3)(d) of BVLEP2013. Strict compliance with the standard would see a maximum yield of 40 units for the site. That is considered well below the yield that could ordinarily be achieved within a 16m height limit and 9,975m² site area and well below the 86 units proposed as part of this development application. The applicant has therefore requested a variation from this standard.

Variations under Clause 4.6

The application seeks two variations under Clause 4.6 of BVLEP 2013, being the 16m height limit under Clause 4.3 and site density control under Clause 4.1A(3)(d). The concurrence of the Secretary of the Department of Planning, Industry and Environment can be assumed for both variations, in accordance with the provisions of Planning Circular PS 18-003.

Council, as the consent authority, may consider variations to development standards (with the use of Clause 4.6 of BVLEP 2013) provided the proposal:

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

· demonstrates that compliance with the standard is unreasonable or unnecessary in the circumstances of the case, and

· demonstrates there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant has provided justification to variation for the subject site (Attachment 4).

Objectives of the zone

The following objectives apply to the B4 Mixed Use Zone:

· To provide a mixture of compatible land uses.

· To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

The proposed residential flat buildings are being considered within the context of an overall development for the site that includes a hotel and ancillary uses. The site has been identified for a landmark development and the proposed development achieves this purpose. The development will provide a focal point for the southern end of Imlay Street that will provide for the activation of the town centre with a development that is within walking distance of all facilities within Eden. The variation to the height limit is minimal and the minimum site density controls currently prevent the development potential of the land being fulfilled.

Objectives of the Development Standard

The following objectives apply to Clauses 4.1B and 4.3:

Clause 4.1A - Minimum site areas for dwelling houses, dual occupancies, multi dwelling housing and residential flat buildings in certain zones

(1) The objective of this clause is to achieve planned residential density in certain zones.

Clause 4.3 – Height of Buildings

(1) The objectives of this clause are as follows:

(a) to retain the existing character and landscape of the locality and to encourage a low-set building form,

(b) to protect residential amenity, views, privacy and solar access.

The site is located within a mixed-use area where the impact on residential amenity is reduced due to the boundary setbacks and the prevailing street layout and orientation.

The height limit within this catchment was increased to provide further opportunities for development and the variation to the height control is minimal. The site density controls currently limit the development of this centrally located site contrary to the strategic objectives that encourage the consolidation and further development of residential and commercial land within our town centres.

Whether compliance with the standard is unreasonable or unnecessary

Non-compliance with the height and site density controls is considered acceptable given the variation to the height control is minimal (lift overrun) and the site density controls are subject to a planning proposal to remove this clause to align with the strategic objectives for the Shire.

The variation to the height control does not impact on the residential amenity of surrounding land uses and limiting the number of units would significantly reduce the yield that would ordinarily be achieved within the building envelope for this site.

Whether there are sufficient environmental planning grounds

The site has few environmental constraints with an existing club building, car parking and green space. It provides a rare opportunity to develop a centrally located site that is in the one ownership. The proposed development is well articulated and reflects the maritime history of Eden. The design is divided into three buildings to reduce the overall bulk and scale of the proposed development and provide space for landscaping and solar access.

Development Control Plan 2013

The proposal has been assessed in accordance with BVDCP 2013 and involves a minor variation to the 16m height limit under Clause 2.3.5.2.

Design

The bulk and scale of the development is broken up into three buildings with a landscaped area at the centre. The design incorporates natural elements and a condition included in the draft consent to ensure the colour scheme reflects the coastal location. The balconies are integrated into the overall façade and help to balance the vertical and horizontal elements of each building. Curved lines soften the corners and provide a subtle reference to the coastal setting and maritime history of Eden.

The existing streetscape is a mixture of commercial and historical buildings. Setbacks have been provided to reduce the potential impact on those buildings along Chandos Street.

The height and number of storeys would be a feature within the existing streetscape and a focal point at the southern end of Imlay Street. Within this context the minor variation to the 16m height limit under Clause 2.4.5.2 is considered reasonable.

Amenity

The proposed development site is located on the southern end of the Eden town centre where a commercial use of the site has already been established. The proposal would provide a transition between the more commercial uses fronting Imlay Street and the residential uses to the south and west of the site.

Views

The site contains an existing two storey building and would sit behind the prevailing view corridors of existing residential properties (Figure 7). The impact is considered minor within the context of the view catchment and there are limited opportunities to reduce this impact given the prevailing 16m height control.

Figure 7 – View Catchment

State Environmental Planning Policies

SEPP 65 – Design Quality of Residential Development and the Apartment Design Guide apply to this development application. SEPP 65 applies given it is three storeys or more above ground level and the building contains at least four or more dwellings. A Design Verification Statement that includes a response to the Apartment Design Guide has been provided by the applicant. The development is consistent with Apartment Design Guide, with only a minor variation to the setback of the top storey by less than 1m from the western boundary.

The streetscape is defined by a mixture of commercial and public buildings that vary from single storey to two storeys in height. The proposed five storey development (excluding basement levels) takes advantage of the 16m height limit that was introduced as part of BVLEP 2013 and BVDCP 2013. The development would introduce a new building element into the streetscape in terms of its overall height and scale.

The development has been split into three buildings with green space at the centre and landscaping across the Imlay Street frontage. The proposed development improves the interface with the public domain by establishing the main access point from Chandos Street. The street level design of the proposed development is articulated with sandstone cladding and landscaping. The development would significantly improve the existing amenity of the site and public domain that consists of a deteriorating pavement, access points and a club building adjacent to the front boundary.

Bega Valley Local Strategic Planning Statement

The proposed development is consistent with the following statements within the LSPS:

· The main street commercial area grades away to medium density residential precincts, which capitalise on proximity to the commercial core and capture the magnificent views.

· Develop and implement urban renewal plans to encourage redevelopment that increases the supply and diversity of housing in Bega, Merimbula and Eden.

Residential Land Strategy

The following directions are contained within the Residential Land Strategy 2040:

· More housing diversity is needed in all centres, such as minimum lot sizes, heights and required dwelling mix, would support housing diversity and more growth close to services and facilities.

· The continued viability of commercial centres has important flow-on benefits for the communities that depend on services, employment and economic growth.

· Identify planning controls and incentives such as density or height bonuses that deliver different dwelling types, greater bedroom mix and diversity of tenure.

The development is consistent with these strategic directions that encourage consolidation of residential land to provide accommodation where people can live within walking distance of all amenities and help activate our town centres. The development also provides a mixture of apartment sizes (15x1 bed, 42x2 bed and 29x3 bed) and housing diversity that reflect changing demographics and household size. The additional supply will encourage growth and activation of the commercial town centre of Eden.

Options

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

1. Approve the development application subject to the conditions of consent provided in (Attachment 3). This is the recommended option.

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

3. Defer consideration of the matter and seek an alternative design that complies with the provisions of BVLEP 2013 and BVDCP 2013.

Community and Stakeholder Engagement

Engagement undertaken

The proposed development was notified in accordance with Council’s adopted Community Engagement Strategy from 26 August 2021 until 9 September 2021. Two submissions were received during the notification period and one late submission was received.

The following is a summary of the issues raised in the submissions.

Property Values

Concern has been raised that the development will increase property values and rates.

Staff Comment

The potential for the development to Increase property values and rates is not a consideration for this proposal.

Parking

Concern has been raised about the provision of car parking for the proposed units and visitors and the subsequent impact on Chandos Street. It is recommended that a lanyard system be introduced for existing residents and visitors on Chandos Street.

Staff Comment

A total of 180 car parking spaces and 34 bicycle parking spaces have been provided in accordance with the requirements of BVDCP 2013 as detailed below:

· 14 spaces (1 per 1 bed)

· 144 spaces (2 spaces per 2-3 bed)

· 22 visitor spaces 1 visitor space for every 4 dwellings)

· 34 bicycle spaces (1 per 3 dwellings)

Another 120 car parking spaces have been provided as part of the approved hotel development (2021.251), with a total of 300 car parking spaces proposed for the whole site. This is considered appropriate for a centrally located site within walking distance of the Eden town centre.

Overall Size and scale of the development

Concern has been raised about the overall height and density of the development on a prominent site that will impact on existing single storey buildings in terms of visual amenity and access to daylight.

The site is located on a high ridge with dominance over the Eden township. The existing Eden Fishermen’s Club is two storeys in height similar to neighbouring heritage listed buildings. The building will be visually prominent from Imlay and Calle Calle Streets and heritage focal points around Eden (Hotel Australasia, May MacKillop Hall/ Museum).

It is a box-like design with a contrasting top storey that will further accentuate the height of the buildings form a distance. The 16m height limit is not acceptable with no benefit to the community and those returning visitors to Eden who wish to retain the existing character and charm of this place within a natural environment.

Variations to features of the building such as setbacks, façade articulation and colour choices to neutralise the dominance of the top-storeys could moderate their visual dominance in Eden.

Staff Comment

The height of this site was increased from 10m to 16m under the BVLEP 2013 to encourage further development and the construction of a landmark development. The design includes a minor variation to the height limit to incorporate a lift well and a planning proposal has been prepared to delete the site density controls.

The scale of the development will contrast with the prevailing streetscape. The location of the site and overall land area, being nearly 1ha, does however provide space within and through the development site that reduces the potential impact on the streetscape and overshadowing.

The design has been split into three separate buildings and articulated with natural materials and landscaping to help soften the overall appearance. A colour palette that reflects the natural environment and coastal setting of Eden has also been recommended as a condition of consent to help integrate the buildings into the proposed setting that includes the draft Heritage Conservation Area further to the south.

The proposed building is designed to be a focal point at the end of Imlay Street to connect the wharf precinct of Snug Cove with the Eden Town Centre. The proposed development aligns with the strategic directions contained within the LSPS and Residential Land Strategy that encourages consolidation of land within our town centres.

Design

Good urban design shapes the built environment in the context of social, economic and environmental factors. It will utilise a building site and characteristics of place with effective balance of built forms and space. The elements and principles of good design do not feature in the design statements of this development.

Staff Comment

The design has been split into three separate buildings and articulated with natural materials and landscaping to help soften the overall appearance around the street level. A colour palette that reflects the natural environment and coastal setting of Eden has also been recommended as a condition of consent to help integrate the buildings into the proposed setting that includes the draft Heritage Conservation Area further to the south.

Heritage

The scale and height of these buildings will visually dominate all heritage buildings in the vicinity of the new development. Only three heritage buildings have been considered in the Heritage Impact Statement and the planning proposal for the Eden Conservation Area. A reviewed assessment that includes all heritage buildings is required.

Staff Comment

The development (including both the hotel and residential flat buildings) has been reviewed by Council’s Heritage Advisor and advice has been provided to the applicant to help refine the colour palette. This has been reinforced as a condition of the hotel development (2021.251) and included as a condition of the draft consent for this development (2021.376).

Variations and housing diversity

The proposal involves variations to the height and site density that would double the density for the investment and tourist market creating a monopoly for this dwelling type and not increasing housing diversity or affordability contrary to the intent of the planning proposal to vary the minimum site areas.

Staff Comment

A variety of unit sizes have been incorporated into the design and would contribute to the diversity of housing within Eden and changing household dynamics (15x1 bed, 42x2 bed and 29x3 bed).

Mixed use zoning and opportunities

The Port of Eden – Urban Design Blueprint of Design Principles 2006 encourages active street frontages. The Grand Mariner building is a visual wall of exclusion. Opportunities for retail or commercial activity would link this development proposal more effectively to the main street and create interest for those walking the tourist trail along Imlay Street.

Staff Comment

The proposed development will significantly improve the existing streetscape and frontage with landscaping and sandstone treatments along the lower levels. The Development Application is being considered within the context of a hotel development that includes a range of uses that will help to activate the Imlay Street frontage.

The residential flat buildings will provide residential accommodation that is close to the town centre and will help to active these commercial spaces.

Summary

The proposed development involves the following variations:

· Height (16m height limit under BVLEP 2013 and BVDCP 2013)

· Site Density (limit of one dwelling per 250m² under BVLEP 2013)

· Setback (minor variation to 8m top floor setback under Apartment Design Guide)

The variations are considered reasonable in the context of the site, surrounding development and the overall strategic directions within the LSPS and Residential Land Strategy.

Engagement planned

No further engagement is planned, other than to advise submitters and the applicant of Council’s determination.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2021-22 Budget.

Legal /Policy

The variations to the site density controls under Clause 4.1A and 16m height limit under Clause 4.3 of BVLEP 2013 are considered reasonable and justified on planning merit grounds. The development application has been assessed under assumed concurrence.

Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost impacts to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

Directions 24 and 45 of the South East and Tablelands Regional Plan 2036:

· Direction 24: Deliver greater housing supply and choice.

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

The proposed development is consistent with Council’s adopted Community Strategic Plan 2040, South East and Tablelands Regional Plan 2036, Residential Land Strategy and LSPS.

Environment and Climate Change

The impacts of the development on the environment and climate change are assessed in Attachment 2. Due diligence protocols have been observed in terms of Aboriginal archaeology. A stormwater concept plan was also provided with the proposal.

Economic

The impacts of the development on the economy are assessed in Attachment 2. The proposed development will contribute to the economy of the Eden area and to the activation of the southern end of the commercial precinct.

Risk

The assessment of development is a core function of Council. There are no material impacts on Council’s operations associated with the proposed residential development. The development will involve upgrades to Council’s transport and drainage networks, which are addressed by conditions of consent.

A geotechnical report has been prepared and soil and water management measures required as a condition of consent to ensure the protection of neighbouring properties during any construction works.

Social / Cultural

The impacts of the development on the community are assessed in Attachment 2. The proposed residential development would provide for the development of a centrally located site at the southern end of the Eden town centre. It will contribute towards the activation of the streetscape and the commercial spaces within Eden as well as providing housing options in the area with a mixture of unit sizes.

Attachments

1 ⇩. Proposed Plans

2 ⇩. Section 4.15 Assessment

3 ⇩. Proposed Development Consent

4 ⇩. Clause 4.6 Variation

Council 6 October 2021

Item 11.2

11.2. Community Hall Maintenance Funding 2021/2022

This report presents the recommendations from the Section 355 General Community Halls Committee for the allocation of the hall’s maintenance budget in 2021/2022.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council endorse expenditure from the 2021/2022 halls maintenance budget as outlined in this report.

3. That Council endorses the projects proposed to be carried forward from prior years as outlined in this report.

Executive Summary

There are seventeen (17) community halls across the Shire, fifteen (15) of which are managed by community committees and volunteers with the assistance of Council officers. Council provides an annual budget allocation for maintenance projects at these halls. These funds supplement the ongoing operations and regular maintenance that is funded through hall hire fees and charges.

In 2021/2022 the adopted budget for the maintenance/renewal of community halls is $72,466. Potential maintenance projects have been proposed by individual hall committees after consultation with Council officers. The nominated halls maintenance projects are usually voted and agreed by resolution at a Section 355 General Community Halls Committee (GCHC) quarterly meeting. Due to the NSW Health COVID 19 lock down orders a meeting has not been held since 8 June 2021. A vote was conducted via email by GCHC members, and it was agreed to proceed with the nominated hall maintenance projects as outlined in this report.

Background

In 2020/2021 eleven (11) priority projects were identified for funding as follows:

Hall	Project	Amount	Project amendment	Status
Bemboka	As per MBM Building Assessment report - Removal of external fibre cement cladding and strip back, repair and repaint external roadwork ancillaries.	$2,000	Hall committee reported project already completed in prior years. Change of project to refurbishment of external areas was approved.	Complete
Candelo	Reimburse DA, structural design, fire safety compliance and plumbing fees for new kitchen.	$5,400	Nil	Complete
Eden	Arborist removal and pruning trees $4k. As per MBM Building Assessment Report - External timber Window casement $3.1k.	$4,000 $3,100	Nil Hall committee reported that external timber window casement not required – no expenditure. Change of project suggested: External sign at front entrance requires updating, request to carry forward $2,000 towards this.	Complete Carried Forward Request $2,000
Pambula	Electrical re-wiring cabling to the lights.	$5,000	Delays in LED lights to be upgraded via Green Guys - Environment project.	Carried Forward Request $5,000
Quaama	Timber floor sanding of stage and door repairs. Repairs of lighting and power points.	$8,840	Nil Nil	Complete Complete
Rocky Hall	As per MBM Building Assessment Report - replace internal storeroom door with new frame and door.	$2,400	Building inspection reported that the external supper room door being the main entrance door was beyond repair and required a new frame and door to secure the building rather than repair an internal door. Hall committee requested a change of project which was approved.	Complete
Tanja	As per MBM Building Assessment Report - Replace 50L storage heater.	$1,500	Hall Committee reported that new storage heater was not required. Requested change of Project – repair leak in supper room door.	Complete
Tarraganda	As per MBM Building Assessment Report - External wall replacement of brick piers.	$5,500	Hall committee requested a structural report on building which reported that brick piers were sound but recommended to clean gutters which was done. Total cost $870. Request for contribution of $4,500 towards upgrade of accessible toilets. DA approved.	Carried Forward Request $4,500
Towamba	Slab/cage for new generator. Security system. As per MBM Building Assessment Report - External door repairs $3.5k.	$5,000 $600 $3,500	Nil Nil Hall committee reported that the external doors did not need replacing. Requested change of project as listed below: · Repairs to concrete back stairs. Total spend $2,070 · Repairs - vandalism to showers entrance doors. Requesting to carry forward $1,000 towards repairs.	Complete Complete Complete Carried Forward Request $1,000
Wolumla	Fire Safety compliance - exit emergency lighting.	$4,268	Nil	Complete
Wyndham	As per MBM Building Report - re-seal timber floors.	$6,000	Works scheduled to be completed in December 2021.	Carried Forward Request $6,000

Due to various reasons and the increasing difficulty in securing trades due to the black summer bushfires some of the priority projects listed above have not been delivered to date and have been requested to carry over into this financial year for delivery. Likewise, the Murrah project listed below which was planned in the 2019/2020 financial year has not been completed due to difficulty in securing hard wood timber cladding required to complete the external repairs and is requested to carry over into this financial year for delivery. The following table shows all hall maintenance projects that are requested for carry over into this financial year for delivery.

Hall Maintenance Projects Carry Over Requests from previous years
Hall	Project	Amount
Eden Log Cabin	New external signage project carried over from 2020/21	$2,000
Pambula	Electrical re-wiring carried over from 2020/21	$5,000
Tarraganda	Access toilet project carried over from 2020/21	$4,500
Towamba	Repairs to vandalism of shower doors carried over from 2020/21	$1,000
Wyndham	Sanding and re-seal timber floors carried over from 2020/21	$6,000
Murrah	External cladding repairs and painting carried over from 2019/20	$9,955
	TOTAL	$28,455.00

The recommendations of the GCHC, for the allocation of the maintenance funding in 2021/2022 financial year are as follows:

Hall	Project	Amount
Bemboka	New external skillion roof over solar inverters and tesla battery	$5,000
Brogo	1. Re-position water filter for easier access under building $1,000 2. Replacement of water pump $1,000	$2,000
Eden Log Cabin	External repaint of building and interior windows	$12,400
Murrah	Termite treatment	$990
Nethercote	Replacement of kitchen external door	$2,500
Quaama	1. New verandah roof over kitchen and supper room doors on eastern side of hall $4,950 2. Replacement/repair of external doors $4,500 3. Repair of leaking verandah roof $2,500	$11,950
Rocky Hall	1. Aluminium mesh for roof gutter $3,000 2. Land survey fees $2,000	$5,000
Towamba	Window coverings/blinds for hall	$5,760
Wolumla	Replace section of eastern skillion roof that has been leaking	$10,000
	Contingency and responsive maintenance	$16,866
	TOTAL	$72,466.00

Options

The two primary options available to Council are:

1. Approve the proposed expenditure from the 2021/2022 halls maintenance budget as outlined in this report noting the budget is currently included in the adopted 2021/22 budget.

2. Decline to provide the proposed funding allocation. Noting Council has provided an annual budget allocation for maintenance projects at these halls for many years. These funds supplement the ongoing operations and regular maintenance that is funded through fees and charges. If the recommendation of the GCHC is not approved hall asset deterioration could be a factor. The GCHC rely on this funding to assist them in the ongoing asset maintenance costs for the Shire’s community halls.

Community and Stakeholder Engagement

Engagement undertaken

In preparing these project proposals Council officers met with each GCHC to review and consider the building condition assessment report, Facility Management Plan (FMP), and to discuss the committee’s observations. Potential projects were identified through this process and quotes on works from accredited contractors were sought.

Further project proposals have been received. These will be considered towards the end of the financial year to ensure that all nominated projects have been completed on budget, and that no major unforeseen projects arise.

The nominated hall maintenance projects for 2021/2022 are usually voted by resolution at the GCHC quarterly meeting but due to the NSW Health COVID 19 lock down orders a meeting has not been able to proceed. A vote was conducted by email sent to all the GCHC members on 2 September 2021 with responses on whether they agreed or disagreed with nominated hall maintenance projects being due by 18 September 2021. All committee members responded and voted to agree with the nominated 2021/2022 hall maintenance projects outlined.

Engagement planned

If the recommended action is approved, Council will work with the GCHC members to deliver the projects within Council’s procurement policies and procedures.

Financial and Resource Considerations

The current year allocation towards hall maintenance has already been budgeted for. It is recommended that that the previous years underspend be carried forward to be funded out of reserve as identified in the below table. The carry forward amount is also included in a sperate carry forwards and revotes report in this business paper.

Item	$ Excl GST
Expenditure Detail
2021/22 Hall Maintenance Projects	$72,466
Hall Maintenance Projects Carried Over from previous years	$28,455

Total Expenditure	$100,921 (sum of all costs)

Source of Funds
Buildings and Public Domain Special Variation	$100,921

Total income available	$100,921 (total project cost)

Legal /Policy

The GCHC is appointed under section 355 of the Local Government Act 1993 (NSW) (LG Act). Section 355(b) and Section 377(1) of the LG Act enables Council to exercise its functions by a committee of Council and to do so conditionally.

The delegated functions of the hall committees are set out in the Community Hall Committee Guidelines. These prescribe the manner the committees must operate within.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual FMP are in place for all community halls.

Environment and Climate Change

There are no negative environmental and climate change impacts associated with the recommendations of this report.

Economic

The recommended maintenance projects have been assessed in terms of priority for each hall, affordability, and achievability. The delivery of these projects assists in the ongoing maintenance and restoration of Council assets.

Risk

The recommended maintenance projects avoid ongoing asset deterioration or mitigate Workplace Health and Safety risks.

Social / Cultural

Community halls play an important role as central points for social and cultural activities in towns and villages across the Shire. Partnerships developed with community members to manage and care for these assets, have multiple benefits, and support community wellbeing.

Attachments

Nil

Council 6 October 2021

Item 11.3

11.3. RFT 2021-125 Provision of Beach Lifeguard Services

This report provides information and recommendation for the recent tender RFT 2021-125 Provision of Beach Lifeguard Services.

Director Assets and Operations

Officer’s Recommendation

It is recommended that:

1. Council accept the recommendations outlined in the Confidential attachment.

2. Council accept the tender from <insert> as the preferred supplier for RFT 2021-125 Provision of Beach Lifeguard Services and delegate authority to the Chief Executive Officer to negotiate service provision and contract pricing to meet available funding.

3. Council Endorse the Chief Executive Officer to identify potential supplementary funding sources including through grants to meet the full service cost.

Executive Summary

Surf lifesaving is a specialised service provision that requires specific skills, experience and resources. Council is not in a position to deliver this service internally and has subsequently contracted this service provision to an external provider since 2008.

RFT 2021-125 Provision of Beach Lifeguard Services was publicly advertised on VendorPanel, with one submission received. Details of the tender response are included in the tender assessment panel report, which is a confidential attachment to this report.

It needs to be noted the submitted tender price exceeds the available special rate variation funding for the service provision. As a result, either the proposed services will need to be reduced to meet the available funding or additional funding sources identified to fund the shortfall.

Background

Surf lifesaving services are provided during peak summer holiday season and help to manage hazards and risks for the many beach goers, including residents and visitors, taking advantage of the holiday period and warmer weather.

The service locations include the three surf club sites and five non surf club beaches. The sites are located at Camel Rock (Wallaga Lake), Horseshoe Bay (Bermagui - surf club), Tathra (surf club), Short Point (Merimbula), Bar Beach (Merimbula), Main Beach (Merimbula), Pambula Beach (surf club) and Aslings Beach (Eden).

Due to the scope, nature and duration of these services, it is not an effective use of resources for Council to deliver them with in house staff. Since 2008, Council has contracted this service to an external provider through a public tender process. For the duration of this time, Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service NSW and ‘ALS’) has been the provider of this service.

Most recently, in November 2017, Surf Lifesaving Services Pty Ltd was awarded a three-year contract to provide Professional Beach Lifeguard Services in the Bega Valley. Council approved two (2) one (1) year extensions to that contract for the 2019/2020 and 2020/2021 summer holiday periods. The expiry of the above contract and extensions requires a new tender to be developed and publicly advertised.

The tender documentation RFT 2021-125 Provision of Beach Lifeguard Services was publicly advertised on Wednesday 25 August 2021 and closed on Friday 3 September 2021. This was due to the limited number of known service providers in the market (two are known of), the specialised nature of service and season timing.

The RFT was viewed by nine organisations, including the two known to directly deliver beach lifeguard services. There were no requests for information submitted (RFI’s) during the tender period.

One submission was received. Details of the tender submission and the panel assessment are included in the attached confidential tender assessment panel report. The tender submission met specification requirements and demonstrated the resources, experience and capability required to deliver the services.

Options

Due to the outcome of tender process, limited service providers in market, specialist nature of the services and Council being unable to deliver service internally there are three options for consideration.

Option 1: Council endorse the contractor that made the tender submission as the preferred supplier for RFT 2021-125 Provision of Beach Lifeguard Services and delegate authority to the CEO to negotiate service provision and contract pricing subject to meet available funding.

Option 2: Council accept the contractor submitted tender price and delegate to the CEO to identify additional sources of funding, such as tourism or economic development contributions, to cover the annual shortfall identified.

Option 3: That Council accept the tender from the preferred supplier for RFT 2021-125 Provision of Beach Lifeguard Services and delegate authority to the Chief Executive Officer to negotiate service provision and contract pricing to meet available funding; and

Council Endorse the Chief Executive Officer to identify potential supplementary funding sources including through grants to meet the full service cost

Community and Stakeholder Engagement

The program is widely known and has been delivered successfully for the last 13 years. The program receives positive feedback by the community and visitors, whilst also offering local employment opportunities for qualified persons over the summer period.

Bega Valley Shire Council adopted a special rate variation (SRV) in 2008-2009 for the purpose of funding various Council assets and services. As part of this SRV, funding is attributed to Ocean Lifeguard services to deliver this annual service. This is identified in Council’s annual financial report, and delivery and operational plans.

Engagement undertaken

Details of the program are communicated through the provision of service information through Council’s website, media releases and social media. This service supports the important contribution provided by the volunteer Surf Life Saving Clubs during the peak holiday period of the year.

Tathra Chamber of Commerce have requested Council support their intention to seek grant funding for the purpose of funding their annual February Lifeguard extension and possible April School Holiday service provision (no Council contribution).

The tender was publicly advertised through Council's online tender platform, VendorPanel.

Engagement planned

Key stakeholders will be informed directly including Far South Coast Lifesaving Branch, surf lifesaving clubs, local police, marine rescue, tourism organisations and chambers of commerce.

The wider community will be informed of the outcome through Council media release, social media and website updates. This will also include communicating relevant information about the service provision closer to the service dates.

Financial and Resource Considerations

The tender price received exceeds the allocated annual SRV amount for this service provision. This cost overrun is related to service provision dates prior to Christmas Day due to gazetted school holidays and changes to current employment award impacting service provider wage costs. There are also ongoing annual operational costs related to the contract management and compliance for the service provision to be accounted for.

As a result, either the scope of the services included in the RFT will need be reduced (i.e. service hrs / days reduced) to meet the funding amount or additional funding sources will need to be identified to fund the shortfall. The funding available through the SRV including in the 2022 FY budget to deliver the service in the RFT is $208,925.

Legal /Policy

The Local Government Act 1993 and Local Government (General) Regulations 2005 applies in relation to the transparent and effective management of the procurement of services and asset by Council. Due to the nature, importance and financial value of this service for the possible six (6) year tender term, a Request for Tender was required to advertise and identify a suitable service provider for RFT 2021-125 Provision of Beach Lifeguard Services. In accordance with Council's financial delegations the tender is reported to Council for determination.

This specification and contract is also aligned to the NSW Office of Local Government’s Practice Note 15: Water Safety.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Beach lifeguard services are an important service to the Bega Valley during the summer school holiday period. They provide supervised beach locations for residents and visitors during this period of peak use where school holidays, water temperature and summer weather are favourable for beach use.

Beach Lifeguard Services are specifically referenced in the Bega Valley Shire Council Community Strategic Plan (CSP) and adopted delivery programs and operational plans.

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

Delivery Plan 2017-2022, 4.7.1: Improve Safety for residents and tourists on the Shire’s beaches.

Operational Plan 2021-2022, 4.7.1.1: Review Summer Beach Lifeguard contract including implementing recommendation from the lifesaving provider’s annual report where funding permits.

The service specification for this directly relates to the Delivery Plan Action Implement recommendations from the annual report of lifeguard service providers (where funding is available). Specifically, the services included previous coastal safety recommendations to see each of the eight sites have a lifeguard service effective from the commencement to completion of Summer school holidays.

Environment and Climate Change

Due to the nature and short duration (6 weeks), it is not perceived there will any detrimental environmental impacts from the delivery of services.

Where applicable, Surf Lifesaving Services Pty Ltd have an accredited ISO14001:2015 Environmental Management Plan. This includes a commitment to reviewing the environmental impact of their operations, services and to minimise our environmental footprint.

Economic

As well as being a risk management program, the Summer Beach Lifeguard service also contributes significantly to the Bega Valley economy and tourism. The program supports tourism by promoting a supervised and safer beach locations during the summer holiday period, which relate to local accommodation providers, local hospitality, retail and service-based businesses.

The service provides employment and training opportunities for residents, whilst also supporting the valuable community contribution of our local volunteer Surf Lifesaving Clubs and members.

Risk

The beach lifeguard services are fundamentally a risk management program which is provided to locals and visitors to safely enjoy the most popular beaches in the shire, during the peak summer holiday period.

Lifeguard services help to minimise and control risks in the beach environment through risk assessment, public education, signage, provision rescue equipment and emergency response at identified service locations.

This service provides beach users an option of a supervised location to visit the beach, as opposed higher risk unsupervised locations. This is important during the peak holiday period, where there are increased levels of beach visitation to service locations, including by those who are unfamiliar with the location, environmental factors and site conditions.

The preferred tenderer demonstrated strong experience and capability in their tender. They are considered low risk.

Social / Cultural

Surf lifesaving is important element of Australia’s culture and identity. The iconic red and yellow flags and uniforms are not only recognised in Australia, but also internationally. The flags indicate that the area is being supervised and that there are trained and competent people available to assist if required.

As well as supervising and assisting people in difficulty, Lifeguards provide an important educational service for beach visitors. They communicate safety and environmental information, help visitors to understand to improve their knowledge and understanding of both the local and wider ocean environment.

Beaches are popular social locations during summer holidays where friends, families, visitors all visit to socialise, relax and for recreational activities. This service provides a safe and supervised location where these activities can occur.

Attachments

1 . Confidential Memorandum to Councillors- RFT 2021-125 Provision of Beach Lifeguard Services (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 6 October 2021

Item 13.1

13.1. Carry Forwards and Revotes at End of Financial Year 2021

At the close of each financial year (FY) Council is required to consider the revote requests from FY2021 budget to the FY2022 budget. This report also advises of budgets to be carried forward.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the Financial Year 2021 carry forward projects and;

2. Resolves to revote the budget allocation for projects not commenced contained in this report. The allocation is to be moved from the FY2021 budget and applied to the corresponding budget in FY2022.

Executive Summary

This report formalises the request for carry forwards and revotes from the 2021 budget, to the 2022 budget, before the final sign off on the 2021 financial statements. The recommendation is based on projects that are works in progress, commenced works or priority projects that were not started in FY2021. The recommendation is particularly based on projects that are funded by external grants.

Background

Every year Council will have a range of programs that are not completed for a variety of reasons. At the end of the financial year Council considers the revotes and carry forwards of budget from the year ending and resolves on bringing the budget allocation into the current year.

FY2021 saw Council continue to operate in a changing environment. The majority of projects planned by Council have been delivered however, some have been delayed and this report outlines the need to carry forward allocations against those delayed projects.

Funding continued to be provided to Council in the year that was not formally included in the operational plan and budget adopted in June 2020. Some of the allocations for projects were received due to bushfire and COVID recovery, some of this funding was allocated late in the financial year. Timing and resources have resulted in some projects planned for FY2021 to be reconsidered as a carry forward or revote project in to 2022 Financial Year.

· A carry forward is where any eligible programs or projects have commenced and are a work in progress at the end of the financial year. This does not require a revote and budgeted funds will not lapse. Expenditure can continue until any decision is made to cease the program or project.

· A revote is when an eligible program or project has not commenced by the end of the financial year. This means the budget allocation has lapsed. Council is required to decide whether the revote of the budget is approved.

A table of the project carry forwards, revotes and the funding source (external grant, revenue, other) is detailed in this report. Several items relate directly to funding received in 2021 that is required to be allocated over two or more years.

The clear priority is to prepare plans and budgets and deliver the works included in them. In the current climate we are seeing extensive funding to local government from State and Federal Government occurring outside of a “neat” budget cycle where grants are applied for and accepted within a financial year. The Quarterly Budget Review Statements are reported to Council to identify these movements throughout the year.

In FY2021, significant impacts from operating in a bushfire recovery and rebuilding phase and the additional impacts of COVID has seen some reprioritising of Council activities and delay in some project delivery.

When adopted the carry forwards and revotes will be available for staff to complete the works.

Options

1. That Council resolve on the recommended revotes and carry forwards.

2. Council amend the attached list of carry forwards and revotes.

Community Engagement

There is no formal community engagement planned as a result of this recommendation to Council. Projects undertaken have their own community engagement plan throughout development and delivery.

Financial and resource considerations

The recommended carry forwards and revotes included in this report have been closely considered and it is considered reasonable to expect that they can be achieved in FY2022 year. The impact may be that activities budgeted in FY2022 are delayed, or staged, and the quarterly budget review reports to Council will include consideration of these impacts as they become known.

Summary by fund

Funds	Amount	Funding Source Revenue Grants Other
GENERAL FUND
Operational Revotes	$99,000	$99,000
Operational Carryover	$4,121,959	$212,103	$3,251,767	$658,089
Capital Revotes	$357,050	$32,000	$205,560	$119,490
Capital Carryover	$16,501,767	$1,101,739	$7,175,168	$8,224,860
TOTAL GENERAL FUND	$21,079,776	$1,444,842	$10,632,495	$9,002,439
WATER FUND
Operational -Carryover	$24,682	$24,682
Capital Carryover	$2,755,698	$2,755,698
TOTAL WATER FUND	$2,780,380	$2,780,380
SEWER FUND
Operational Carryover	$24,682	$24,682
Capital Revotes	$51,000	$51,000
Capital Carryover	$5,585,541	$5,585,541
TOTAL SEWER FUND	$5,661,223	$5,661,223

Carry Forwards - Operational

Project	Amount	Funding Source Revenue Grants Other			Reserve/Detail
BANDARA CHILDCARE
Long Day Care Professional Development	$3,995			$3,995	Contract Liability – Prepaid grants
Start Strong Pathways	$43,300			$43,300	Contract Liability – Prepaid grants
BIOSECURITY
Giant Parramatta Grass project	$15,170			$15,170	Contract Liability – Prepaid grants
SEWAP Variation Fire Recovery project	$15,307			$15,307	Contract Liability – Prepaid grants
LLS Post Fire Weed grant	$4,492			$4,492	Contract Liability – Prepaid grants
COMMUNICATIONS AND EVENTS
Website Maintenance and Development	$18,507	$18,507			Consultant engaged in FY21
Events and Festivals	$5,776	$5,776
COMMUNITY ENGAGEMENT
Reconciliation Week event	$2,810			$2,810	Contract Liability – Prepaid grants
Community Recovery through Greening	$40,418		$40,718		BCRRF Funded
COMMUNITY HALLS
Hall Maintenance Budget	$28,455	$28,455			Funds for projects allocated to Halls committees that have been delayed
Candelo Hall Repairs to external Drainage	$67,238			$67,238	CRIF Funded
ROADS – DRFA funds
Roads Rural Sealed Roads – DRFA Projects	$89,800		$89,800		DRFA funded projects
Roads Rural Unsealed Roads – DRFA Projects	$3,063,218		$3,063,218		DRFA funded projects
Roads Urban Sealed Roads – DRFA Projects	$39,216		$39,216		DRFA Funded Projects
ECONOMIC DEVELOPMENT
Bega Valley bushfire economic recovery and coordination phase 1	$96,520			$96,520	Contract Liability – Prepaid grants
BCRRF Stream 1 Business Projects	$34,063			$34,063	Contract Liability – Prepaid grants
Accredited Training for Small business	$17,189			$17,189	Contract Liability – Prepaid grants
EDEN CHILDCARE
Community grant Hub	$39,824			$39,824	Contract Liability – Prepaid grants
Start Strong Pathways	$102,853			$102,853	Contract Liability – Prepaid grants
ENVIRONMENT AND SUSTAINABILITY
Green Shoots – Tathra Community	$8,639			$ 8,639	Contract Liability – Prepaid grants
Coastal Management – Scoping Project	$43,535		$3,535	$40,000	E-Levy Reserve
FINANCE SERVICES
Finance Services – Software costs	$120,000	$120,000			BIS reporting and Accounts payable workflow project commenced in FY21
INDIGENOUS ADVANCEMENT STRATEGY
Indigenous advancement strategy	$154,182			$154,182	Contract Liability – Prepaid grants
LIBRARY
Library Projects	$6,191		$1,000	$5,191	Contract Liability – Prepaid grants
Senior Isolations grant	$14,280		$14,280
PLANNING SERVICES
Planning Services Legal Fees	$26,605	$26,605			Continuation of 2 ongoing legal matters
Development Assessment Service Review	$10,260	$10,260			Consultant engaged prior in FY21
REGIONAL GALLERY
Create NSW Project Grant	$7,316			$7,316	Contract Liability – Prepaid grants
BEGA VALLEY REGIONAL LEARNING CENTRE
Valuation Costs	$2,500	$2,500			Consultant engaged in FY21
WATER FUND
Water Cultural Heritage Assessment	$24,682	$24,682			Consultant engaged in FY21
SEWER FUND
Sewer Cultural Heritage Assessment	$24,682	$24,682			Consultant engaged in FY21
Total Operational Revotes	$4,171,323	$261,467	$3,251,767	$658,089

Carry Forwards - Capital

Project	Amount	Funding Source Revenue Grants Other			Reserve/Detail
ADMINISTRATION BUILDINGS
Tathra Beach Kiosk.	$175,000		$120,238	$54,762	Contract Liability – Prepaid grants
Safer Country Grant for Admin Buildings	-$24,081			-$24,081	More work completed in FY21 than anticipated
ANIMAL CONTROL
Wallagoot Pound fence	$4,252			$4,252	Asset Reserve
BRIDGES
Murrabrine Cr Bridge	$2,442,209			$2,442,209	Contract Liability – Prepaid grants
Pretty Point Bridge Renewal	$394,565		$394,565
Nelsons Ck Bridge Guardrail connections	$81,000			$81,000	Reserve Asset Replacement
Tathra Bermagui Rd ARMCO, Replace with Box Culvert	$2,312			$2,312	Reserve Asset Replacement
Whipstick Ck Mount Darragh Rd, abuts & piles	$489,461			$489,461	Contract Liability – Prepaid grants
Cuttagee Bridge–Design /Scope	$187,223			$187,223	Developer Contributions S7.11 Roads
Cobargo Bermagui Rd, repair bridge	$82,425			$82,425	Reserve Asset Replacement
Berrambool Foot bridge	$318,208		$175,000	$143,208	Contract Liability – Prepaid grants
The Snake Track (3.87) - DRFA Funding	$231,714		$231,714
The Snake Track (5.40) - DRFA Funding	$116,169		$116,169
Tarlintons Lane causeway, Renew Deck and Seal Approaches	$4,082			$4,082	Reserve Asset Replacement
Buckajo Rd, concrete abuts A&B piers	$69,898			$69,898	Contract Liability – Prepaid grants
Nungatta Rd, replace with box culvert	$147,157	$49,062	$85,000	$13,095	Contract Liability – Prepaid grants
Logans Bridge, Pericoe Rd - FCB renewal	$85,139		$51,250	$33,889	Contract Liability – Prepaid grants
Garfields Rd Bridge- Johnston Ck	$97,284		$50,000	$47,284	Contract Liability – Prepaid grants
Meringola Gully Bridge, Garfields Road, Buckajo - FCB Project	$67,500			$67,500	Contract Liability – Prepaid grants
PERICOE ROAD - Pericoe Creek - DRFA Funding -	$784,000		$784,000
Saddle Camp Creek - Barrets Rd Bemboka	$85,290	$13,040	$72,250
CEMETERIES
Pambula Cemetery fencing replacement - LRCI P2 Program	$62,200		$31,100	$31,100	Contract Liability – Prepaid grants
CEP COORDINATION
Field Based Tablets & Comms	$48,234	$48,234			Delay in project rollout
COMMUNITY HALLS
Halls Fire Safety Upgrade	$11,717			$11,717	Reserve Public Buildings
Tanja Hall -driveway, carpark & safety improvements - LRCI P2 Program	$207,300		$103,650	$103,650	Contract Liability – Prepaid grants
Wandella Hall Rebuild (2020 Bushfire Rebuild)	$188,709			$188,709	Contract Liability – Prepaid grants
CYCLEWAYS NOT ON ROAD RESERVE
Cycleway kerb upgrade Bega St Tathra	$58,888		$58,888
DRAINAGE
Drainage improvements at Long Point Merimbula	$5,679	$5,679			Works incomplete in FY21 or delayed
Gowings Avenue Drainage	$216,261	$216,261			Works incomplete in FY21 or delayed
LAWS DRIVE adjacent Bandara	$108,646	$108,646			Works incomplete in FY21 or delayed
Mecklenberg Street Drainage improvements	$46,897	$46,897			Works incomplete in FY21 or delayed
Reservoir Street Eden drainage improvements	$4,028	$4,028			Works incomplete in FY21 or delayed
Short St Drainage works	$26,837	$26,837			Works incomplete in FY21 or delayed
Upper St relining of Pipe	$5,500	$5,500			Works incomplete in FY21 or delayed
FIRE AND EMERGENCY SERVICES
RFS - Bermagui upgrade (Amenities & Kitchen)	$248,000		$248,000		Works delayed
RFS - Towamba Extension (Facilities & Meeting Room)	$198,000		$198,000		Works delayed
FLEET
Purchase and Sale of Fleet Asset	$559,944	$559,944			Delivery Delayed from FY21
LIBRARY SERVICES
Bermagui Makerspace	$191,600			$191,600	Contract Liability – Prepaid grants
Tura Library - Design for Lower Level	$20,909			$20,909	Reserve Community Facilities
MERIMBULA AIRPORT
Merimbula Airport General Aviation Precinct - Regional Airport Grant	-$61,423			-$61,423	Contract Liability – Prepaid grants Adjustment
Merimbula Airport Runway Extension - Restart NSW Airport Grant	$139,259		$139,259
Merimbula Airport Runway Overlay	$763			$763	Contract Liability – Prepaid grants
PARKS AND GARDENS
Short Point Coastal Accessibility Project Works	$878,106		$848,356	$29,750	Contract Liability – Prepaid grants
Bruce Steer Pool Coastal Accessibility Project Works	$171,338			$171,338	Contract Liability – Prepaid grants
Eden Inclusive Playspace	$27,638		-$250,000	277,638	Contract Liability – Prepaid grants
Pambula Beach Coastal Accessibility Project Works	$202,905		$128,000	$74,905	Contract Liability – Prepaid grants
Quaama Playground	$-5,764			-$5,764	Contract Liability – Prepaid grants Adjustment
Rural Village Playground Upgrades (Mogareeka, Bemboka, Wyndham and	$3,591			$3,591	Contract Liability – Prepaid grants
Tura Head Coastal Reserves - Walking Tracks and Beach Access	$192,920		$90,920	$102,000	Reserves recreation SV
PUBLIC AMENITIES
Apex Park Cobargo new toilet block LRCI P2 Funding	$162,200		$82,950	$79,250	Contract Liability – Prepaid grants
Colombo Park Bemboka inclusive parkland and accessibility improvements	$279,920		$139,960	$139,960	Contract Liability – Prepaid grants
REGIONAL GALLERY
Bega Valley Regional Gallery Upgrade	$197,996		$197,996
ROADS RURAL SEALED LOCAL
Boydtown Park Rd, Retaining Wall	$17,611	$17,611
Blackfellow Lake Road, Roads & Tracks Project	$65,126			$65,126	Contract Liability – Prepaid grants
Newtown Rd Bega Safer Roads	$18,000		$18,000
ROADS RURAL SEALED REGIONAL
Candelo Bega Road to Princess Hway intersection	$168,000		$168,000
Mogilla RD, Snowy Mt Highway to Candelo	$150,000		$150,000
Sapphire Coast Drive - Road Safety Improvements Blackspot	$94,785		$94,785
Tathra Road Guardrail renewal Blackspot	$180,000		$180,000
ROADS RURAL UNSEALED LOCAL
Dr George Mt Road - Pavement Upgrade	$340,424		$340,424
Whittles Road - Road & Tracks Project LLS	$175,894		$128,026	$47,868	Contract Liability – Prepaid grants
ROADS URBAN SEALED LOCAL
Bus Bay Upgrade - Tanja Public School CPTIGS	$252,083		$243,915	$8,168	Contract Liability – Prepaid grants
Urban Local Roads Reseals	$35,318			$35,318	Developer Contributions 7.12
Eden Port to Highway - High Productivity Freight Link	$1,051,676		$1,051,676
Ginn St [Bermagui]	$20,000			$20,000	Contract Liability – Prepaid grants
Kirkland Ave guardrail renewal	$25,000			$25,000	Reserves Asset Management
Rawlinson street Stabilisation	$286,311			$286,311	Reserves Road Stabilisation SV
Towamba Burragate Road Upgrades	$1,570,249			$1,570,249	Contract Liability – Prepaid grants
Wonboyn Road / Adelaide Avenue intersection	$21,216			$21,216	Reserves Asset Management
ROADS URBAN SEALED REGIONAL
Bega Street, Tathra Kerb & Gutter	$109,020			$109,020	Reserves Asset Management
East St (50-1) Ch:690	$36,471			$36,471	Reserves Asset Management
Eden Port Heavy Vehicle Route	$242,017			$242,017	Contract Liability – Prepaid grants
SPORTING GROUNDS AND FACILITIES
Barclay Street Sportsground Revitalisation	$5,937			$5,937	Contract Liability – Prepaid grants
Bega Sporting Complex Upgrade	$154,575		$54,000	$100,575	Reserves recreation SV
Bermagui Multiuse Courts	$410			$410	Contract Liability – Prepaid grants
BVSC Skateparks [Eden]	$31,301			$31,301	Contract Liability – Prepaid grants
Pambula Sporting Complex Showground Improvements	$218,550		$36,920	$181,630	Contract Liability – Prepaid grants
Tathra Lawrence Park Floodlighting, playground and carparking	$62,166			$62,166	$6,313 Reserves Asset Management $55,853 Contract Liability – Prepaid grants
Towamba Fencing replacement LRCI P2	$57,000		$28,500	$28,500	Contract Liability – Prepaid grants
TOWN CENTRE CARPARKS
Aslings Beach carpark upgrade - LRCI P2 Program	$309,906		$155,000	154,906	Contract Liability – Prepaid grants
Bega Plumb Motors Carpark Upgrade [Bega]	$238,649		$238,649
WHARVES, JETTIES & BOATRAMPS
Bermagui Harbour Boat Ramp Facility Upgrade	$33,281		$33,008	$273	Reserves recreation SV
Quarantine Bay Pontoon Upgrade	$13,177			$13,177	Contract Liability – Prepaid grants
Bermagui River Boat Ramp Upgrade	$157,000		$157,000
Pambula Lake Boat Ramp Facility Upgrade, Broadwater	$-10,471			$-10,471	Reserves recreation SV - Adjustment
Tathra Wharf Upgrade	$131,480			$131,480	Contract Liability – Prepaid grants
WATER SUPPLIES
Bega Groundwater Hydrology Project	$57,000	$57,000			Projects underway
Bega Water Treatment Plant	$397,575	$397,575			Projects underway
Bemboka Water Filtration Plant	$15,265	$15,265			Projects underway
Brogo Balance Tank 2 Bypass	$140,000	$140,000			Projects underway
Brogo Water Treatment Plant (WTP)	$858,988	$858,988			Projects underway
Clear Scada Water - Eden	$67,330	$67,330			Projects underway
Clear Scada Water - Radio B/b	$20,370	$20,370			Projects underway
Cobargo Narira Creek Bridge WM Crossing	$107,200	$107,200			Projects underway
Couria Creek priority process upgrades	$42,000	$42,000			Projects underway
Pambula - Fishpen Merimbula Water Main Link	$350,295	$350,295			Projects underway
Rawlinson Street watermain renewal	$99,300	$99,300			Projects underway
Solar - Water Sites	$39,800	$39,800			Projects underway
Strathmore Crescent Watermain Renewal	$12,300	$12,300			Projects underway
Tathra and Trig Reservoir Reconfiguration	$83,200	$83,200			Projects underway
Wallagoa Lake Road Watermain Renewal	$145,075	$145,075			Projects underway
Yellow Pinch Water Treatment Plant (WTP)	$320,000	$320,000			Projects underway
SEWER SERVICES						SEWER SERVICES
Asset & Maintenance Management System	$69,700	$69,700			Projects underway
Bega STP Decanter actuator	$69,700	$69,700			Projects underway
Bermagui STP upgrade	$2,013,767	$2,013,767			Projects underway
Central Package SPS Renewals	$11,930	$11,930			Projects underway
Clear Scada Sewer - Various	$309,520	$309,520			Projects underway
MBR STP Compressor Replacement Package	$66,000	$66,000			Projects underway
Merimbula STP Septic Receival Area	$39,700	$39,700			Projects underway
New Pressure sewer	$34,475	$34,475			Projects underway
Scada Telemetry Renew - Radio B/bone	$70,600	$70,600			Projects underway
Sewer - Solar Installations	$794,000	$794,000			Projects underway
Sewer Network Renewals	$169,386	$169,386			Projects underway
Sewer pipes renewals	$39,303	$39,303			Projects underway
Merimbula Sewer Pump Station Renewals (1)	$250,880	$250,880			Projects underway
Merimbula Sewer Pump Station Renewals (2)	$72,270	$72,270			Projects underway
South Bega Sewerage	$717,560	$717,560			Projects underway
Southern Sewer Pump Station Renewals	$29,000	$29,000			Projects underway
Tathra Drying Bed Reconstruction	$800,000	$800,000			Projects underway
Tathra STP sludge lagoon 1 liner replacement	$27,750	$27,750			Projects underway
Total Carryover - Capital	$24,843,006	$9,442,978	$7,715,168	$8,224,860

Revotes - Operational

Project	Carryover	Funding Source Revenue Grants Other	Reserve/Detail
BEGA VALLEY CIVIC CENTRE
BVCCC Website development	$6,000	$6,000	Delayed awaiting finalisation of Strategy
COMMUNITY ENGAGEMENT
Social Issues	$10,000	$10,000	DIAP, Review of Community Services
Staff Accommodation	$41,400	$41,400	Establishment/set up and signage – Gipps Street Office
STRATEGIC PLANNNG
Aboriginal Cultural Planning	$10,000	$10,000	Funding for anniversary of MOU with the Bega, Eden and Merrimans LALCs
WHS AND WELLBEING
Health and Safety Representative training	$4,500	$4,500	Training delayed due to COVID
Manual Handling	$22,000	$22,000	Compliance training as per WHS internal Audit recommendations
Asbestos Identification training	$6,000	$6,000	Compliance based training
Revotes Operational totals	$99,900	$99,900

Revotes - Capital

Project	Carryover	Funding Source Revenue Grants Other			Reserve/Detail
BRIDGES
Candelo/Wolumla Apply waterproofing and AC	$60,000			$60,000	Developer Contributions S.7.12
Fourters Rd Causeway Rock scour protection	$15,000			$15,000	Reserves Asset Management
DRAINAGE
Sattler St drainage renewal	$5,000	$5,000			Delayed due to change of scope
PROPERTY SERVICES
Nariria Village Complex	$5,000	$5,000			Potential sale delayed
ROADS RURAL SEALED LOCAL
New Buildings Rd Pipe Replace guardrail	$10,000	$10,000			Works delayed
ROADS RURAL SEALED REGIONAL
Cobargo Bermagui Rd Box Culvert replace Guardrail	$30,000		$30,000		Works delayed
Cobargo Bermagui Rd, Black Cr, Pipe Rock protection	$30,000		$30,000		Works delayed
Pipe Culvert, Repair scouring	$20,000		$20,000		Works delayed
Tathra Bermagui Rd, rock scour protection	$30,000		$30,000		Works delayed
Tathra Bermagui Rd, culvert, rock scour protection	$10,000		$10,000		Works delayed
ROADS URBAN SEALED LOCAL
Nelson St Pavement Stabilisation	$85,560		$85,560		Works delayed
Poplar Ave, culvert	$30,000			$30,000	Reserves Asset Management
Flinders Street (851-2) ch:120	$14,490			$14,490	Reserves Asset Management
ROADS URBAN SEALED REGIONAL
Imlay St Crossing	$12,000	$12,000			Works delayed
SEWER SERVICES
Tura STP sludge lagoon pipeline redirection	$51,000	$51,000			Works delayed
Total Revotes - Capital	$408,050	$83,000	$205,560	$119,490

Legal /Policy

Council is required to approve expenditure and vote money to cover expenditure under clause 211 of the Local Government (General) Regulation 2005.

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: 6.12.5: Improve the provision of corporate financial services

OP: 6.12.5.2 - Prioritise actions of Finance Improvement Plan and deliver agreed milestones

Environmental / Sustainability

There are some environmental and sustainability impacts associated with the grant funded projects that are included in the recommendations of this report.

Economic

There are no negative economic impacts associated with the grant funded programs that are included in the recommendations of this report.

Risk

The recommendations of this report allow Council to manage budget expenditure across the long-term financial plan period. The corresponding impact may be the delivery of planned programs and projects documented in the FY2021 Operational Plan.

Social / Cultural

There will be positive social benefits in Council being able to complete the works allocated budget in 2021 and not finished by the end of Financial Year. There may be impacts on the FY2022 planned projects if they are delayed while the previous year’s works are completed.

Attachments

Nil

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

Council	6 October 2021
*Item 8.1 - Attachment 1*	Proposed Plans

Council	6 October 2021
*Item 8.1 - Attachment 2*	Section 4.15 Assessment

Council	6 October 2021
*Item 8.1 - Attachment 3*	Proposed Development Consent

Council	6 October 2021
*Item 8.1 - Attachment 4*	Clause 4.6 Variation

Council	6 October 2021
*Item 11.1 - Attachment 1*	Council report dated 10 June 2020 - Engagement with Eden Community Access Centre on the Upgrade of the Eden Library

Council	6 October 2021
*Item 11.4 - Attachment 1*	2019.03.13 Council Report no 12.43 Land Divestment Options - lot 2 dp 1090625 Alice Street Merimbula

Council	6 October 2021
*Item 11.4 - Attachment 2*	2021.09.23 Letter to Council from Merimbula RSL Club

Council	6 October 2021
*Item 11.4 - Attachment 3*	2018.03.16 Letter to Council from Merimbula RSL Club

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Council

6 October 2021

Staff Reports –Planning And Environment

6 October 2021

Officer’s Recommendation

Executive Summary

Background

Attachments

Council

6 October 2021

Staff Reports – Infrastructure Waste And Water

6 October 2021

Staff Reports – Finance

6 October 2021