Ordinary

MEETING NOTICE AND AGENDA

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 30 July 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

Leanne Barnes

General Manager

 

 

25 July 2014

 

TO:

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

COPY:

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community Relations and Leisure, Mr Simon Schweitzer

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Governance and Organisational Development, Ms Nina Churchward

Minute Secretary

 

 


PUBLISHING OF AGENDAS AND MINUTES

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following 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 his 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, with amendments by Councillors if necessary, at the next available Council Meeting.

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

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


ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

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

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

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

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

Pecuniary – regulated by the Local Government Act and Department of Local Government

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

 

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Division of Local Government (DPC)

(02) 4428 4100

dlg@dlg.nsw.gov.au

www.dlg.nsw.gov.au

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 


TO:   The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act  and regulations or dispensation issued by the Division of Local Government  I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd            mm               yy

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                        Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                        Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

Councillor

 

*  Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (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.

 

 


Council                                                                                                                  30 July 2014

 

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

 

1     Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 9 July 2014 as circulated, be taken as read and confirmed.

2     Apologies and requests for leave of absence

 

3     Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4     Deputations (by prior arrangement)

 

5     Petitions

 

6     Mayoral Minutes

 

7     Adjournment to Standing Committees

RECOMMENDATION

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8     Staff Reports – Sustainability (Planning and Environment)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1              Finalisation of Kalaru Racecourse Planning Proposal........................................ 9

8.2              Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry)....................................................................... 12

8.3              Central Business District Landscape Masterplans - Eden................................. 36

8.4              Scores on Doors Promotion.......................................................................... 39

8.5              Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report................................................................................ 41

9     Staff Reports – Liveability (Community and Relationships)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

9.1              Sportsgound Committee Facility Management Plans....................................... 44

9.2              Memorandum of Understanding - Mumbulla Foundation ............................... 193

9.3              Access Committee Nominations................................................................... 202

10   Staff Reports – Enterprising (Economic)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

10.1             Funding opportunities - Merimbula Airport and Tourism Precinct.................... 216

10.2             Proposed disposal of Council land at Phillipps Street, Eden ........................ 222

11   Staff Reports – Accessibility (Infrastructure Waste and Water)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1             RFQ 27/14 Annual Supply and Mix Services.................................................. 228

11.2             RFT 9/14 Goods and Services Tender for Tyres and Batteries........................ 231

11.3             Dickinson Oval Pavilion, Bermagui - Tender for Reconstruction...................... 234

11.4             Compulsory Acquisition of Crown Land at Candelo - Restore legal access..... 241

11.5             Acquisition of land for Merimbula Roundabout – Merimbula Drive and Reid St intersection, Merimbula................................................................................................... 251

12   Staff Reports – Leading Organisation Governance and Strategy)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1             Classification of land recently acquired by Council ....................................... 256

12.2             Certificate of Investments made under Section 625 of the Local Government Act 1993 258

12.3             Women in Local Government NSW Leadership Summit.................................. 263

13   Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

14   Delegates Reports

 

15   Rescission/alteration Motions

 

16   Notices of Motion

 

17   Urgent Business

 

18   Questions On Notice

18.1             Tura Beach Tavern....................................................................................... 270

 

19   Questions for the Next Meeting

 

20.. Confidential Business 

 

21   Adoption of reports from Closed Session

22   Resolutions to declassify reports considered in closed session

  

 


Council                                                                                                                  30 July 2014

 

 

staff reports – Sustainability (PLANNING AND ENVIRONMENT)

 

30 July 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Britten.  

8.1              Finalisation of Kalaru Racecourse Planning Proposal.............................. 9

8.2              Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry)........................................................... 12

8.3              Central Business District Landscape Masterplans - Eden....................... 36

8.4              Scores on Doors Promotion........................................................................... 39

8.5              Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report.............................................................. 41


Council 30 July 2014                                                                                             Item 8.1

 

8.1.         Finalisation of Kalaru Racecourse Planning Proposal     

 

The purpose of the report is to detail the outcomes of a recent Councillor workshop with the NSW Office of Environment and Heritage regarding the Planning Proposal for Kalaru Racecourse and to seek Council resolution to finalise the matter.

 

Group Manager Planning & Environment  

 

Background

Council at its meeting of 28 May 2014 gave consideration to a staff report on the planning proposal for Kalaru Racecourse and resolved the following:

That this item be deferred for a further report following further information.

At that meeting Mrs Robyn Bain addressed Council on behalf of the Sapphire Coast Turf Club on matters that were the subject of previous reports to Council.

DISCUSSION AT COUNCILLOR WORKSHOP

On 25 June 2014 representatives of the NSW Office of Environment and Heritage (OEH) held a workshop with Councillors regarding the future zoning of the Kalaru Racecourse and the potential implications on existing wildlife corridors on the land. The workshop was also attended by representatives from the NSW Department of Planning and Environment.

OEH stated that the main reason for retaining the vegetation along the south eastern boundary of the property is to provide connectivity for wildlife to move between larger patches of vegetation to the north east and south west of the race course. If the vegetation is removed from the south eastern edge of the property arboreal mammals, such as the Yellow Bellied Glider, will be forced to move through vegetation only on the western side of the race course.

As part of the discussions the opportunity to reduce the proposed E2 zone to generally that strip of vegetated land between Sapphire Coast Drive and the entrance road was discussed. This would result in the area of E2 zone proposed in the south-west corner being reduced.

OEH has subsequently confirmed that a strip of vegetation with a minimum width of 60m and zoned E2 along Sapphire Coast Drive would be sufficient to allow wildlife to move through the shelter of the forested canopy without being ‘spooked’ by traffic on Sapphire Coast Drive, or forced to try and cross the busy regional road which will result in more road kill.

Based on this information Council staff have prepared a revised zoning plan for the Kalaru Racecourse (see Figure 1 below). The reduction of the E2 zone on the south-western corner of the land to a width of 60m would permit the consideration of future development such as camping facilities and car parking in that part of the property.

OEH has confirmed that it does not support zoning the area along Sapphire Coast Drive as E3 Environmental Management as any resulting use of the land is likely to cause compaction around the root zone of trees and a clash of uses with safety concerns is likely to lead to removal of branches, both of which would affect the longevity of the large trees required for yellow bellied glider connectivity.

Figure 1: Revised zoning plan for Kalaru Racecourse

Conclusion

The revised zoning plan illustrated in Figure 1 is the outcome of extensive consultation between Council, OEH and the Sapphire Coast Turf Club.

It is recommended that Council proceed to finalise the planning proposal, with the amendment to the zoning scheme as illustrated in Figure 1, in accordance with the delegations issued by the Minister for Planning and Environment.

 

ATTACHMENTS

Nil

 

Recommendation

1.      That Council adopts the amendments to Bega Valley Local Environmental Plan 2013 as publically exhibited in the Planning Proposal for Kalaru Racecourse with the amendment to the proposed zoning as illustrated in Figure 1 of this report.

2.      That, using the delegations issued by the Minister for Planning and Environment, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3.      That the Sapphire Coast Turf Club and those agencies that made submissions be advised of Council’s decision.

 


Council 30 July 2014                                                                                             Item 8.2

 

8.2. 1991.1124 Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry)        

 

Group Manager Planning and Environment  

 

 

Applicant

Bega Valley Shire Council

Owner

Bega Valley Shire Council

Site

Lot 12 DP 811287 Ridge Road, Coolagolite

Zone

1(a) General Rural Zone under Bega Valley Local Environmental Plan 2002

Site area

39.97 hectares

Approved Development

Extractive industry to win, breakup and stockpile approximately 10,000m3 per year from an area of 6 hectares.

Details of the Application to Modify

The application to modify seeks to:

·    Increase the volume of extracted material from 10,000m3 to 17,000m3 per year.

·    Extend the approved crushing days from 20 to 40 per year

·    Replace existing approved plans relating to rehabilitation and quarry operation

Precis

Council at its meeting held on 25 June 2014 gave consideration to a staff report on the proposed modification and following an address by a local resident, resolved to defer the matter in keeping with Council’s Code of Meeting Practice.

This report provides comment on the issues raised during the address not discussed in the report to Council on 25 June 2014.

The application to modify the existing Consent is recommended for approval.

Background

A staff report on the proposed modification was submitted to Council at its meeting held on the 25 June 2014 with the following recommendations:

“1.     That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report.

“2.     That all parties who made a submission be advised of Council’s determination.

“3.     Investigation into the relocation of mail boxes and garbage bins at the intersection of Cobargo-Bermagui Road and Ridge Road be undertaken with the aim to improve the function of the intersection.

“4.     That Council implement the following road safety and amenity procedures if and when sourcing/hauling gravel material from Haase’s Pit:

·    No trucks are allowed to travel on Ridge Road prior to 7.00am

·    Signage is to be placed during haulage limiting travel speed to 30 km/h and the use of exhaust breaking.”

Following an address by a local resident, Council resolved:

“1.        That the matter be deferred to be discussed at a later stage.”

DETAILS OF THE APPLICATION TO MODIFY

The proposed modification seeks approval for:

·        An increase in the volume of material extracted from the quarry from 10,000m3 (17,500 tonnes) to 17,000m3 (30,000 tonnes) per year over the life of the quarry.

 

·        Extension of the approved crushing period from 20 days to 40 days per year with the extended crushing period to occur in March (4 weeks).

 

·        Replacement of the approved development plan for the quarry with new plans which provide greater detail of the existing and future operational characteristics of the quarry.

 

·        Replacement of the approved rehabilitation plan for the quarry with a new plan which reflects the existing and future operation of the quarry and best practice site rehabilitation methods.

The haulage of material is unregulated under the existing consent and is generally based on the applicant’s requirements throughout the year. Based on current operational characteristics, haulage is generally limited to approximately 20 days per year. The modification, if approved, would result in the number of haulage days per year increasing to approximately 30 days.

It is to be noted that an increase in haulage days would not result in an increase in daily truck movements on the local road network. This is based on the fact that there are a maximum number of trucks that can be loaded in a day.

The lateral limits of the approved quarry footprint would not change.

Details of the Address to Council

At Council’s meeting held on the 25 June 2014, Council received an address from a local resident representing herself and 3 other local residents.

A copy of the address is provided as ‘Attachment 1’ in this report.

The issues raised in the address are summarised below followed by staff comment.

·        The licence is for 20 days per year within a window of two months – September and October. The licence is for the crushing/stock piling of 10,000m3/17,000 tonnes of material. When did the time for crushing change from 20 days to 8 weeks per year as written in the Advertised Development Proposal – section 2.1 Existing Development Consent and operation? The modification proposes to extend the crushing period from 20 days to 40 days, with the extended 20 day period occurring in March.

Comment

The existing consent restricts the extraction, crushing and stock piling of material to 20 days within an 8 week period over the months of September and October. There has been no change in the approval to extend the crushing period to a total of 8 weeks.

The proposed modification seeks approval to  increase the volume of material extracted and processed to 17,000m3 (30,000 tonnes) per year and extend the extraction and processing period to a maximum of 40 days per year during the months of March, September and October. The applicant has submitted that the extended period is being sought to provide a degree of flexibility in the operation of the quarry to meet works programs.

The applicant has further advised that quarry operations can be affected by inclement weather which limits the effectiveness of the extraction and crushing process. An extended period would also provide greater flexibility in these circumstances.

·        We estimate that in 2012, 50,000 tonnes had been stock piled in a period of 20 days during September and October. Why does BVSC need to increase crushing time to 40 days when they achieve the 30,000 tonnes in 20 days and why put BVSC to added expense of hiring a crushing plant at another time ie March when Council already has a stock pile?

Comment

The applicant has advised that at the time, the quarry had a stock pile of crushed material – the total volume at that time is unknown. In response to major flood events, an additional amount of 10,880 m3 (18,900 tonnes) was produced adding to the existing stock pile. Both the development consent and Environmental Protection Licence allows the thresholds to be exceeded in response to an emergency such as major flood events.

The proposed 40 day period would help provide certainty in total production, particularly in the event of inclement weather and its influence on the quality (wet/dry) of the material to be sourced.

The applicant has advised that approximately 680m3 (1200 tonnes) per day can be produced under optimal crushing conditions (dry material). If the material sourced is wet, production can be reduced by as much as 75%. More in keeping with the typical operation of the quarry, approximately 460m3 (800 tonnes) of crushed material can be produced per day.

Based on optimal crushing conditions, it’s not possible to process 30,000 tonnes of material over a 20 day period.   

Common optimal operational practice would involve engaging the crushing plant for a single period to produce the required quantities. However, it is in the applicant’s best interest in having crushed material stock piled and readily available. In any event, the sourcing and processing of gravel material would be dependent on the availability of the plant and would be restricted under the terms and conditions in the Consent and Licence.

·        In relation to truck movements the report says the quarry can only load 35 per day making 70 truck/trailer (in/out) movements per day or 1000 tonnes per day. We dispute this as in November/December 2012 the daily truck movements up and down Ridge Road was 100. This translates to a vehicle movement every 3 minutes and approximately 26,000 tonnes of gravel hauled in 18 days. 

Comment

As previously advised, the haulage of material is unregulated under the existing consent. Based on current operational characteristics, haulage is generally limited to approximately 20 days per year. The proposed modification, if approved, would result in an increase in haulage days to approximately 30 per year.

The applicant has advised that there would be no change in the operational characteristics of the quarry and therefore no increase in daily traffic movements. The current application acknowledges that on average the quarry would generate approximately 70 vehicle movements (in and out) per day but may exceed 70 at times of high demand such as, road maintenance/construction in response to major flood events.

This is based on the fact that on any given day, only so many trucks/trailers can be loaded - subject to operational demand, travel distance/times and weather conditions.

The Draft Modified Development Consent (Attachment C) imposes a condition (Condition 18) limiting total vehicle movements on haulage days to 70 per day, unless responding to an operational need resulting from a major natural event.     

·        We estimate that today’s truck/trailer hauls 30 tonnes. Ridge Road is not built for this traffic. Trucks need more than half the road width at certain bends which causes conflict with other trucks passing in the opposite direction. Council staff think re-aligning the bend a problem as some land may need to be acquired. Council reasoning about the impact on residents is nonsense, as we are already impacted on.

Comment

Staff consider that this issue was properly addressed in the report to the Council meeting on 25 June 2014.

·        The intersection between Ridge Road and MR320 is dangerous. The design and construction of the intersection does not conform with the road design standard - Urban Basic Right-turn Treatment (BAR). The fact that BVSC think that an increase in truck movements does not warrant an up-grade of the intersection shows a lack of understanding of road and personal safety issues.

Comment

Staff consider that this issue was properly addressed in the report to the Council meeting on 25 June 2014.

·        We would like to know how the BVSC consultant came to the conclusion that there were no dwellings within 500 metres of the quarry. We estimate that there are 4 homes with a 500 metre radius inclusive of Bermagui Sand and Gravel Quarry.

Comment

A condition in the existing development consent requires the preparation of dilapidation reports for those dwellings located within 500 metres of the quarry.

A dilapidation report was prepared by Tasman Engineering Consultants in August 2011 for those dwellings located within 500 metres of the quarry being:

·        Lot 92 DP 580933 (no.46) Ridge Road

·        Lot 103 DP 734283 (no.59) Ridge Road

·        Lot 102 DP 734283 (no.61) Ridge Road

·        Lot 3 DP 789321 (no.182) Lyrebird Road

The report was forwarded to the relevant land owners on 14 May 2014.

The report to Council on 25 June 2014 incorrectly stated that there were no dwellings within 500 metres of the quarry. This statement should have read that no dwellings of those persons who made a submission in response to Council’s notification process are located within the 500 metres of the quarry. 

·        BVSC have without any form of communication with local land owners placed a “proposed buffer zone” over a large number of properties in the immediate vicinity to the quarry. What legal right does BVSC have in doing so?

Comment

In response to a number of submissions received during the exhibition of the Draft Bega Valley Local Environmental Plan 2010 Council, prepared a planning proposal which, among other things, mapped (for information/investigation purposes only) certain land within the immediate vicinity of the quarry, as an extractive industry buffer.

Council’s Strategic Planning Section has written to all adjoining land owners advising that Council has not placed a buffer zone on their land and clarifying the status of the buffer zone.

There is no intent to impose an extractive industry buffer zone over those mapped lands as part of the BVLEP strategic planning review of the area. 

·        In relation to land zoning, BVSC want to zone our property E4. When we spoke to the Minister Mr Brad Hazzard, he told us that BVSC had said that our land was “pristine”. Not true, the land was logged for 100 years, 2 saw mills operating, 30 metre wide electricity easements on 2 boundaries. RU4 is the correct zoning. E4 and Buffer zone devalues land.

Comment

Council has previously resolved to retain the exhibited E4 Environmental Living Zone. The planning proposal to amend the BVLEP 2013 in accordance with the Council resolution has been exhibited and will be reported to Council within the coming months.

The matter of the zoning of the adjoining land and the planning proposal are unrelated to the application to modify the development consent of the quarry.  

conclusion

The current application to modify the existing Consent seeks to:

·        Increase in the volume of material extracted from the quarry from 10,000m3 (17,500 tonnes) to 17,000m3 (30,000 tonnes) per year over the life of the quarry.

 

·        Extension of the approved crushing period from 20 days to 40 days per year with the extended crushing period to occur in March (4 weeks).

·        Replace specific plans in the approval with updated plans designed to reflect the existing and future operational characteristics of Council’s quarry and best practice standards and methods in site rehabilitation.

Whilst unregulated by the development consent and Environmental Protection Licence, haulage days would increase from approximately 20 to 30 days per year.

The issues raised in the submissions and the address to Council at its meeting dated 25 June 2014 would not warrant a refusal of the modification application.

 

ATTACHMENTS

1.         Council Address - Ms Nina Vipond

2.         Draft Notice of Determination to Modify Consent

3.         Draft Modified Consent

 

Recommendation

1.         That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report.

2.         That all parties who made a submission be advised of Council’s determination.

3.         Investigation into the relocation of mail boxes and garbage bins at the intersection of Cobargo-Bermagui Road be undertaken with the aim of improving the function of the intersection.

4.         That Council implement the following road safety and amenity procedures if and when sourcing/hauling gravel material from Haase’s Pit:

·   No trucks are allowed to travel on Ridge Road prior to 7.00am

·   Signage is to be placed during haulage limiting travel speed to 30km/h and minimising the use of exhaust breaking.

 


Council

30 July 2014

Item 8.2 - Attachment 1

Council Address - Ms Nina Vipond

 


 


 


 


 


 


 


 


Council

30 July 2014

Item 8.2 - Attachment 2

Draft Notice of Determination to Modify Consent

 


 


 


 


Council

30 July 2014

Item 8.2 - Attachment 3

Draft Modified Consent

 


 


 


 


 


Council 30 July 2014                                                                                             Item 8.3

 

8.3.         Central Business District Landscape Masterplans - Eden     

 

Council has engaged SPIIRE Landscape Architects to prepare landscape masterplans and design guidelines for the central business districts of Eden, Merimbula, Bega and Bermagui. This report provides an update on that process and recommends that the draft plans for Eden be adopted by Council and form the basis of detailed engineering design work.

 

 

Group Manager Planning & Environment  

 

Background

In March, Council publicly exhibited the ‘Design Visions and Options’ report that was prepared by SPIIRE. The ‘Design Visions and Options’ report presented a range of design options for the key intersections within the central business districts (CBDs) of Eden, Merimbula, Bega and Bermagui. Improved pedestrian movement and safety, the creation of comfortable public spaces, improving streetscapes and amenity, increasing economic activity and improved traffic flow were among the major issues examined by the Design Visions and Options report.

The report was placed on public exhibition at Council’s libraries, Bega Office and on a dedicated project website operated by SPIIRE. During the exhibition period listening posts were held in each town, where community members could discuss their ideas and issues directly with the consultants and Council staff. SPIIRE and Council staff also met with representatives from the Chambers of Commerce from each of the four project towns. An online and hardcopy survey was also used to gain feedback from the community regarding the various options put forward for each town.

Over the last two months SPIIRE has been collating the results from the public exhibition and gathering more detailed physical survey information from Council. They have now produced final draft masterplans and design guidelines for Eden and are nearing finalisation of the final drafts for Bermagui, Bega and Merimbula. The Plans for Eden are in an advanced state, thanks largely to the significant amount of design work and community engagement previously undertaken by Council through the ‘Action on Imlay’ project and, more recently, further design works driven by the Eden Chamber of Commerce and Council’s Infrastructure Group.

The original project plan called for a further round of public exhibition to seek comment on the final draft landscape masterplans. Staff are recommending that Council endorse the draft plans for Eden to enable staff to proceed with detailed design, tendering and physical implementation of the masterplan for Imlay Street. The landscape masterplan prepared for Imlay Street by SPIIRE, incorporates the major structural and design features previously endorsed by the community and proposes improved pedestrian crossings, street furniture, landscaping and gateway treatments.

As there are no major changes to the previously endorsed landscape designs for Imlay Street, staff now consider that the proposed further round of community consultation for Eden would be excessive. However as the draft landscape masterplans for Merimbula, Bega and Bermagui are proposing significant alterations to sections of these central business districts, the proposed public exhibition of these plans is recommended to proceed in August/September. 

A copy of the Eden CBD Landscape can be viewed on Council’s website:

http://www.begavalley.nsw.gov.au/attachments/Eden_CBD_LMP_DRAFT_Landscape_MasterPlans.pdf

ISSUES

Sustainability

Sustainability is a key principle underpinning the draft landscape masterplans and accompanying design guidelines. Where possible the masterplans only recommend essential changes to physical infrastructure such as roads, footpaths or drainage in an effort to reduce project costs and ensure that perfectly good infrastructure is not unnecessarily replaced.

The designs guidelines also highlight the use of locally available or recycled timber products, local species and that landscaping be undertaken in accordance with Sensitive Urban Water Design principles. The landscape masterplans and materials suggested are robust in nature, to minimise the ongoing maintenance and replacement costs to Council.

Social / Cultural

The successful implementation of the draft landscape masterplans will result in improved town centres that are more pedestrian friendly and create improved community spaces. The masterplans provide the opportunity for the incorporation of local artworks into the streetscape and create spaces that can be used for community events, performances and exhibitions.

Consultation

Imlay Street (Eden) has been the subject of extensive community engagement processes over the last 10 years. Staff recommend that the current draft landscape masterplans for Imlay Street be endorsed by Council and not be subject to a further period of consultation.

It is proposed that the draft landscape masterplans and guidelines for the CBDs in Merimbula, Bermagui and Bega be publicly exhibited through the month of August.

Financial

There is $500k allocated in the 2014/15 budget for the implementation of the Imlay Street landscape masterplan. There are also unspent funds from the original Action on Imlay project that are proposed to be allocated to this project, with the result being approximately $700k being available for upgrading of Imlay Street.

Conclusion

Due to the extensive consultation that the Eden community has had in regards the upgrading of the central business district, a further round of consultation of the draft landscape masterplan is seen as excessive and will provide an unnecessary delay to the delivery of on ground works.

The draft landscape masterplans for Merimbula, Bega and Bermagui are not yet complete and will be the subject of a forthcoming Councillor workshop, following which it is proposed to publicly exhibit them in August/September 2014.

 

ATTACHMENTS

Nil

 

Recommendation

1.         That Council endorses the draft CBD Landscape Masterplan and Design Guidelines for Eden.

2.         That the draft CBD Landscape Masterplan and Design Guidelines for Eden not be subject to a further period of public consultation.

3.         That Council moves forward with the detailed design, tendering and implementation of the CBD landscape masterplan for Eden.

4.         That the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be subject of a Councillor workshop.

5.         That following the Councillor workshop, the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be placed on public exhibition and then reported back to Council for finalisation.

 


Council 30 July 2014                                                                                             Item 8.4

 

8.4.         Scores on Doors Promotion     

 

Council’s Scores on Doors food safety initiative will be launched in Merimbula on July 31 as part of the NSW Food Authority’s State Food Industry Forum. As part of that launch, it is proposed to implement an initiative to promote the program throughout the Shire. 

 

Group Manager Planning & Environment  

 

Background

Council has previously supported the introduction of the NSW Food Authority’s Scores on Doors (SOD) food safety initiative which aims to inform the public on how well food businesses are complying with safety and hygiene requirements.

In order to promote and maximise public interest, staff would like to promote a competition where members of the community are invited to provide feedback by completing a survey about the program. In exchange for providing feedback, all submitted surveys will be included in a draw with a chance to win $100, $50 or $25 gift vouchers to be spent in any of the participating food businesses. The surveys will be completed only by patrons of those businesses that have signed up to participate in SOD.

The survey information will provide valuable feedback on how customers became aware of the program and their reaction to its introduction. This information will in turn be useful in further targeted promotion throughout the Bega Valley.

Legal

As the competition is not a game of chance, there is no requirement to have a licence issued by the NSW Office of Liquor Gaming and Racing.

Financial

The promotion would be funded from Council’s existing Environmental Health budget.

 

Funding source

 

Amount

Environmental Health budget

$

175

 

Conclusion

The promotion is a modest investment by Council in supporting this important NSW Food Authority initiative. Information provided by those that enter the competition will provide valuable information to better promote and heighten interest in the program.

 

ATTACHMENTS

Nil

 

Recommendation

That Council endorse the expenditure of $175 for the promotion of Council’s Scores on Doors food safety initiative.

 


Council 30 July 2014                                                                                                      Item 8.5

 

8.5.         Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report     

 

A late report will be provided to Councillors and published to Council’s website as a Supplementary Agenda item on the receipt of information from Council’s planning consultant.

 

Group Manager Planning and Environment  

 

 

ATTACHMENTS

Nil

 

 

  

 


 

staff reports – LivEability (community and relationships)

 

30 July 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Seckold.  

9.1              Sportsgound Committee Facility Management Plans............................... 44

9.2              Memorandum of Understanding - Mumbulla Foundation .................... 193

9.3              Access Committee Nominations................................................................. 202


Council 30 July 2014                                                                                             Item 9.1

 

9.1.         Sportsgound Committee Facility Management Plans     

 

Facility Management Plans have been drafted for Council’s District and Regional sportsgrounds.

 

Acting Group Manager Community Relations and Leisure  

 

Background

At its April 16 Meeting Council resolved to establish seven community management committees at its Regional and District Level sportsgrounds, in line with the hierarchy identified in Councils Recreation Asset Management Plan (RAMP). These committees are made up of representatives of both the community and regular user groups of the sportsgrounds to ensure a good cross section of people are represented via the committee.

Since that time Council staff have been working with those committees to develop Facility Management Plans (FMP’s) for each of those sportsgrounds. The sportsgrounds are;

      Dickinson Oval Management Committee

      George Brown Sportsground Management Committee

      Berrambool Sporting Complex Management Committee

      Pambula Sporting Complex Management Committee

      Barclay Street Sportsground (Eden) Management Committee

      Bega Recreation Ground Management Committee

      Wolumla Recreation Ground Management Committee

FMP’s are specific to each sportsground and set out the operational and maintenance program for that facility.  Committees will be responsible for the day to day operational and maintenance decisions at each sportsground in line with Committee Guidelines and Operating Manuals.

The FMP’s also contain the proposed renewal and capital upgrade projects for the sportsground, these are based on consultation with the committee.  Renewal and upgrade projects are reported to the S355 General Sportsground committee where projects are prioritised and recommendations are made to Council along with renewal and upgrade proposals for those recreation assets not managed by committees.

The allocation of funding for sportsgrounds will be determined by identified priorities for renewals and upgrades in Facility Management Plans and the level of service for that sportsground. The proposed projects will be reported to Council and funded from that portion of the overall Recreational Assets budget for these sportsgrounds, as determined by Council.

ISSUES

Asset

The development of FMP’s for these sportsgrounds will ensure that they are managed in a sustainable way and will provide short, medium and long term identification of operational, maintenance, renewal and upgrades for the facilities.  They will inform the review of the Recreational Asset Management Plan and assist Council to make informed decisions about the allocation of resources in line with the Long Term Financial Plan.

The FMP’s are a working document and will be reviewed annually to ensure they accurately reflect the operational and maintenance needs of the facility.  

There is a need for further refinement of the FMP’s as there are a number of inconsistencies at this point across the seven sports grounds in terms of their operation and maintenance processes and expenditure; much of this has been for historic reasons, relate to new sportsgrounds coming under Council’s direct management, such as Wolumla, or new committees being formed at Barclay Street and Bega Recreation Ground. Council staff will be working closely with these committees over the 2014/15 year to address this.

Strategic

The provision of sporting complexes supports the following strategic directions

Liveable Place L1.5: Healthy lifestyle promoted through education, health promotion, support networks and facilities.

Accessible Place A2.3: Safe and well maintained built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.

Consultation

There are two approaches proposed regarding consultation/management of Councils recreation assets. Only those larger sporting facilities/complexes identified as Regional or District Level Sportsgrounds and where there is a component of delegated facility management will have management committees overseeing the operation of the sporting complexes. Facility Management plans are developed in consultation with those committees, this consultation occurs regularly through contact between the committee and Council staff.

The S355 General Sportsground Committee will act as a focal point for common issues and avenue for recommendations to Council regarding funding priorities from the FMPs. The S355General Sportsground Committee will be made up of representatives of the seven sportsground committees, in line with the S355 General Halls Committee structure. A further report will be prepared for Council to formalise the general sportsground committee and its membership.

All other recreation assets will be directly managed by Council staff. Input from the community on other recreation assets will be sought through targeted consultations with user groups and individuals during the development and review of FMP’s for these assets. The program for this consultation will be developed and will vary depending on the type of recreation asset.

The process is outlined below.

Financial

Each regional or district sportsground will receive a maintenance allocation that, combined with fees and charges collected will cover the operational and maintenance costs of the facility. Maintenance allocations and fees & charges collected for the individual sportsgrounds will be held within Council’s financial system and allocated specifically for expenditure on the relevant sportsgrounds. Council staff will be working with committees to develop operational and maintenance efficiencies.

Financial allocations for Council’s recreation assets will be reported to Council as part of the annual budget process for their consideration. Funding for the 2014/15 year operations and maintenance at these seven sportsgrounds are identified in the 2014/15 budget.

 

Funding source

 

Amount

Recreation (operations and maintenance)

$

$234, 653.50

 

Resources (including staff)

General support for these committees will come via the Leisure Services team and sit within the Community Relations and Leisure Group. This will be factored into work plans and will provide the sportsground management committees with a central point of contact; this has worked very well for the hall committees.

Conclusion

Management of Council’s regional and district sportsgrounds by facility management committees are a practical and efficient way to ensure their sustainability into the future. The committees are made up of representatives of organisations that use the facility on a regular basis and are well placed to work with Council to effectively manage the sports grounds and continue to develop and review the facility management plans into the future.

The Facility Management Plans for the seven Sportsground Committees are attached for Council’s information.

 

ATTACHMENTS

1.         Facility Management Plan Barclay Street V3.1

2.         Facility Management Plan Bega Recreation Ground V3.1

3.         Facility Management Plan Berrambool Sports Complex V3.1

4.         Facility Management Plan Dickinson Sportsground Bermagui V3.1

5.         Facility Management Plan George Brown V3.1

6.         Facility Management Plan Pambula Sports Complex V`3.1

7.         Facility Management Plan Wolumla Rec Ground V3.1

 

Recommendation

That Council note the facility management plans for the seven regional and district sportsgrounds.

That a further report be prepared to formalise the S355 General Sportsground Committee Membership and Guidelines.

 


Council

30 July 2014

Item 9.1 - Attachment 1

Facility Management Plan Barclay Street V3.1

 

 

 

 

 

 

 

 

 

 

 

 

 


Council

30 July 2014

Item 9.1 - Attachment 1

Facility Management Plan Barclay Street V3.1

 


 


Council

30 July 2014

Item 9.1 - Attachment 1

Facility Management Plan Barclay Street V3.1

 


 


 


 


 


 


 


Council

30 July 2014

Item 9.1 - Attachment 2

Facility Management Plan Bega Recreation Ground V3.1

 

 

 

 

 

 

 

 

 

 

 

 

 


Council

30 July 2014

Item 9.1 - Attachment 2

Facility Management Plan Bega Recreation Ground V3.1

 


Council

30 July 2014

Item 9.1 - Attachment 2

Facility Management Plan Bega Recreation Ground V3.1

 


 


 


 


 


 


 


Council

30 July 2014

Item 9.1 - Attachment 3

Facility Management Plan Berrambool Sports Complex V3.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Council

30 July 2014

Item 9.1 - Attachment 4

Facility Management Plan Dickinson Sportsground Bermagui V3.1

 

 

 

 

 

 

 

 

 

 

 

 

 


Council

30 July 2014

Item 9.1 - Attachment 4

Facility Management Plan Dickinson Sportsground Bermagui V3.1

 


Council

30 July 2014

Item 9.1 - Attachment 4

Facility Management Plan Dickinson Sportsground Bermagui V3.1

 


 


 


 


 


 


 


Council

30 July 2014

Item 9.1 - Attachment 5

Facility Management Plan George Brown V3.1

 


 

 

 

 

 

 

 

 

 

 

 

 

 


Council

30 July 2014

Item 9.1 - Attachment 5

Facility Management Plan George Brown V3.1

 


Council

30 July 2014

Item 9.1 - Attachment 5

Facility Management Plan George Brown V3.1

 


 


 


 


 


 


 


Council

30 July 2014

Item 9.1 - Attachment 6

Facility Management Plan Pambula Sports Complex V`3.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Council

30 July 2014

Item 9.1 - Attachment 6

Facility Management Plan Pambula Sports Complex V`3.1

 


 


Council

30 July 2014

Item 9.1 - Attachment 6

Facility Management Plan Pambula Sports Complex V`3.1

 


 


 


 


 


 


 


Council

30 July 2014

Item 9.1 - Attachment 7

Facility Management Plan Wolumla Rec Ground V3.1

 

 

 

 

 


 


 


 


 


 


 


 


 


 


Council

30 July 2014

Item 9.1 - Attachment 7

Facility Management Plan Wolumla Rec Ground V3.1

 


Council

30 July 2014

Item 9.1 - Attachment 7

Facility Management Plan Wolumla Rec Ground V3.1

 


 


 


 


 


 


 


Council 30 July 2014                                                                                             Item 9.2

 

9.2.         Memorandum of Understanding - Mumbulla Foundation       

 

A review of the Memorandum of Understanding between Bega Valley Shire Council and the Mumbulla Foundation has been completed

 

Acting Group Manager Community Relations and Leisure  

 

Background

The Mumbulla Foundation (the Foundation) was launched in November 2000.  This was the result of extensive consultations with various community groups and agencies throughout the Bega Valley Shire.  These consultations highlighted the need for a philanthropic fund. Such a fund was established with the support of the Foundation for Rural and Regional Renewal, the Myer Foundation and the Pratt Foundation.  It was the first truly regional philanthropic foundation in New South Wales.

The Foundation is the first community fund in regional Australia to develop a Memorandum of Understanding with a local council, which is now regarded as a bench mark by other emerging foundations.

Council commits $30,000 each year to the community grants program ($5,000 of which is for administrative costs) with the Foundation matching the grant component from other sources.  The partnership between Council and the Foundation has continued to build since 2001 with ten funding rounds being granted. Council and the Foundation have distributed more than $800,000 to community organisations throughout the Shire.

This relationship has also allowed the Foundation to leverage funding from a range of other sources and continue to grow their philanthropic work in the Shire.

The Memorandum of Understanding (MOU) was last endorsed by Council in July 2008 and subsequently reviewed in 2011.  The three year period for that MOU expires in July 2014.  In consultation with the Foundation the MOU has again been reviewed to ensure that levels of accountability are maintained and that both parties are satisfied with the direction and focus of the grants program. There have only been minor wording changes to the current MOU in relation to positions and processes within Council.

ISSUES

Financial

The contribution to the Mumbulla Foundation grants program is identified in the 2014/15 budget and this report seeks to confirm Councils commitment to the program for the 2015/16 and 2016/17 years. The MOU identifies Council’s annual budget process for the amount of funding in the subsequent years (15/16 and 16/17).

 

Funding source

 

Amount

Community Services (Mumbulla Foundation) 2014/15

$

30,000

 

Resources (including staff)

Community Services staff are involved in each stage of the grant round, as part of the grants working group, and have input into the allocation of grants. This forms part of the annual work plan for the Community and Cultural Services section.

Conclusion

The partnership with the Mumbulla Foundation is an effective way for Council to support community organisations in the Shire to continue their important work.  The proposed Memorandum of Understanding is attached and will cover the period from July 2014 to June 2017.

 

ATTACHMENTS

1.         2014 MOU between Mumbulla Foundation and Bega Valley Shire Council_DRAFT

 

Recommendation

That Council endorse the Memorandum of Understanding with the Mumbulla Foundation

That the Mayor and General Manager be authorised to sign the Memorandum of Understanding.

That Council confirm its commitment to funding for the 2015/16 and 2016/17 years in line with the MOU.

 


Council

30 July 2014

Item 9.2 - Attachment 1

2014 MOU between Mumbulla Foundation and Bega Valley Shire Council_DRAFT

 


 

 

 

 


Council 30 July 2014                                                                                             Item 9.3

 

9.3.         Access Committee Nominations     

 

Bega Valley Shire Council has called for nominations from members of the community to form its Access Advisory Committee

 

Acting Group Manager Community Relations and Leisure  

 

Background

The Bega Valley Shire Council Access Advisory Committee is a formal committee of Council that operates to assist Council in the development of strategies to reduce barriers and improve access to Council’s facilities and services within the Bega Valley Shire. 

As of 30 June 2014, the members of the current Access Committee completed their current tenure. On July 1, positions on the committee were declared vacant.  On 2 July, Council called for nominations from the community to become members of the new Access Committee.  This process was communicated through a combination of media releases, public notices on Council’s website and advertisements in the Community Link.

As outlined in the Access Advisory Committee Guidelines, there are nine positions on the committee and nominees will be selected based on the principles of representing a wide range of people with or without disabilities, young people, parents, and business people.  The decision for Council will also be based on merit regarding the skills and experience offered by each prospective applicant.  The intention is to have a diverse group of individuals based on disability, age, locality, cultural background, experience and education.

The committee will meet quarterly and aims to promote awareness of the needs and perspectives of a broad range of people where access to facilities and services is an issue.

The nomination process closed on Friday 11 July.  Nominations received have been summarised in a separate confidential memorandum to Councillors.

ISSUES

Legal

The Access Advisory Committee is a Section 355 Committee under the Local Government Act (1993).

Policy

The Access Advisory Committee will provide strategic advice on the review and implementation of various Council policies and procedures. The Access Committee will also be responsible for contributing to the review of Council’s Inclusion Plan.

The committee will provide advice and input on:

·  the development of the Bega Valley Shire Inclusion Plan

·  relevant Development Applications

·  relevant Policy,  Procedures and processes

·  issues of access relating to Council services and facilities

Social / Cultural

The Access Advisory Committee advises and makes recommendations to Council on matters relating not only to access for people with a disability as defined by the Disability Discrimination Act, but on practical matters affecting access for older people, individuals with short and long-term injuries, parents and children, and visitors to the area.

Financial

The Access Advisory Committee makes recommendations against a modest capital works allocation to address critical access issues and barriers to facilities and services. These recommendations are made in consultation with Council staff and will be reported to Council each year for approval.

 

Funding source

 

Amount

Community Services (Access Committee Capital Works allocation)

$

20,000

 

Resources (including staff)

The Group Manager Community, Relations and Leisure will drive the strategic direction of the committee and staff from that section will provide support to facilitate meetings, support members and work across Council to address access issues. Relevant Council staff will attend access meetings on a needs basis.

Conclusion

The Access Advisory Committee is an important strategic level committee in assisting Council to reduce barriers that face members of the community when accessing Council services and facilities. The nominees represent a strong cross section of experience, skills and diversity in background.

ATTACHMENTS

1.         2014 Draft Access Committee Guidelines

2.         2014 Access Committee Nomination Confidential Memo (Confidential)

 

Recommendation

That Council endorse (names to be inserted) as members of the Access Committee for the July 2014 to June 2016 period

That Council note the Access Committee Guidelines 2014-2016

 


Council

30 July 2014

Item 9.3 - Attachment 1

2014 Draft Access Committee Guidelines

 


 


 

 

 

 

 

 

 

 

 


Council                                                                                                                  30 July 2014

 

 

staff reports – enterprising (economic)

 

30 July 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor McBain.  

10.1           Funding opportunities - Merimbula Airport and Tourism Precinct........ 216

10.2           Proposed disposal of Council land at Phillipps Street, Eden ............... 222


Council 30 July 2014                                                                                           Item 10.1

 

10.1.       Funding opportunities - Merimbula Airport and Tourism Precinct     

 

The State Government and Federal Government have announced funding programs for which the Merimbula Airport Master Plan implementation would be a high priority project with probability for success.

 

General Manager  

 

Background

In October 2013 Council adopted the Merimbula Airport Master Plan 2033. The Plan focusses on key developments that will grow the airport with the community into the future. It also includes a key focus for tourism activity including the development of a tourism centre and appropriate parking.

Recently the State Government has announced a Regional Tourism Infrastructure Program which highlights regional airports as a priority and the Restart NSW program has also received an injection of funds with potential availability for regional projects.

The State Government has also recently convened a Legislative Council Standing Committee on State Development into Regional Aviation Services. During the initial stages of this process it has been evident how important these assets and services are to regional NSW. Merimbula Airport is well placed to take advantage of the now identified funding sources to develop the asset due to the work done to date and the adopted Master Plan 2033.

With the Eden Port progressing through leadership by Crown Lands it is timely to focus on leveraging as much funding for the critical Merimbula airport development. There are a range of opportunities to link with Canberra Airport, the Cruise Industry and others to grow tourism usage. Bega Valley Shire is the heart of Australia’s Coastal Wilderness one of 15 national targeted destinations. This is a strength that has yet to be fully realised for local operators and there is a very positive link with Australia’s Capital Region and the Australian Alps. With the planned targeted international markets outlined in Canberra Airports draft Master Plan the opportunity to market direct international flights to Canberra, a visit to the National Capital, Australia’s Alps and a short flight to Merimbula and Australia’s Coastal Wilderness or a link to a cruise trip.

Development of links with the planned growth and focus on Eden Port as a cruise port provides an excellent opportunity for marketing of fly/cruise packages. The port will have a major development underway later this year funded by the Federal Government, the NSW State Government and the Bega Valley Shire Council that will build the capacity for cruise ships to enhance their port embarkation. The numbers already booked for the 2015 and 2016 season exceed all expectations.

This opportunity allows visitors the opportunity to cruise into Eden, experience Australia’s Coastal Wilderness, fly to Canberra and visit the National Capital and then fly from Canberra to Sydney or Melbourne to re-join the cruise. Or cruise patrons can fly into Canberra, experience the Capital, fly to Merimbula and join a cruise after a local coastal experience.

Review of current statistics for Merimbula show that domestic overnight travel for leisure and visiting family and relatives accounts for 91% of visitation, business 5% and other 5%. Air share travel statistics however show only 1.4% for tourism travel. Similar regional tourism areas show Coffs Harbour at 7.1%, Port Macquarie at 9.9% and Byron at 18%.

The current proposal for the possible merger of the Merimbula RSL and Sapphire Club with its convention centre/conference venue also provides an excellent opportunity to grow business/conference travel should this eventuate. The Tourism Summit to be held in October will also focus on this opportunity.

Restoration of flights to regional destinations for Canberra Airport in that airport’s draft Master Plan, has Merimbula currently listed as medium term (2019-2024) focus for Canberra Airport. Council has met with staff from Canberra Airport and continue to discuss opportunities this may deliver.

There are also key other areas of growth including medical, business, education and government which provide a sound basis for air travel growth.

            Medical – Tertiary health care in the ACT is the closest available. Large numbers of people from this region choose Canberra as their preferred location for various treatments and surgery. Bus is the only option currently for those unable to drive.

            Business - increasingly we are finding that business people are moving here from the ACT and other locations. They can work remotely but always there will be requirement of work related travel.

            Education - large numbers of local students choose Canberra as their place of study. There is also a strong presence with both ANU and Canberra University locally with students and staff from Canberra working in the Bega Valley. The opportunity for short flights to connect these campuses is an area of potential growth.

            Government - many of the Council’s and regions links to government are in Canberra and Queanbeyan with state and federal agencies located there. Many of the other government agencies operating in the Bega Valley also have a focus to Canberra and Queanbeyan.

            Local people flying out on holiday or other non-business related travel – many locals now drive to Canberra to fly interstate or to connect to international flights out of Melbourne, Sydney or Brisbane.

The implementation of the master plan projects will increase revenue options for Council and further reduce the future maintenance impacts on ratepayers. Including the development of a regional tourism interpretation centre as proposed in the master plan however modified to allow for the building of a new centre which will also allow for potential funding source for Sapphire Coast Tourism and Australia’s Coastal Wilderness.

General aviation also provides a great opportunity for the airport area with potential growth in commercial activity.

Whilst Council has funded the resurfacing of the runway through a special variation to fund loan borrowings it is prudent to gain support from State and Federal Government programs to fund the master plan implementation.

The key aspects of the plan which would be presented for funding include:

·    Aeronautical and non-aeronautical infrastructure comprising total indicative cost $12m

Expanded terminal including car parking

Expanded existing RPT apron

GA Apron sealed and grass

Taxiways

200m runway extension north

Arthur Kaine Drive realignment if required

Seal to end of RESA

General Aviation hangar development

Long stay parking

Utility and services upgrade including water, sewer and power

·    Construction of a visitor interpretation and information centre and associated parking - indicative cost $4.0m

These indicative development cost estimates still require further refining and are taken from the adopted Master Plan. It is staff view that there is scope to reduce the $12m figure and a detailed costing will be developed and provided with any funding application.

Council staff have been meeting with representatives of Sapphire Coast Tourism Ltd, Australia’s Coastal Wilderness, National Parks, Merimbula Chamber of Commerce and Merimbula Visitor Information Centre in relation to planning the development of a purpose built regional interpretation centre on the airport grounds as outlined in the Master Plan. Various aspects of the local area are world class products and the State and federally funded Tourism Heritage Strategy highlights a number of key projects and documentation and roll out of these has commenced.

A facility of the standard of the Blue Mountains Interpretation Centre would be scoped. The proposal would include:

·    interpretative and media implementation of the Cultural Heritage Centre

·    visitor information centre

·    restaurant and retail outlet; and

·    offices and meeting space.

ISSUES

Legal

Council has an adopted Master Plan. Currently triggers are linked to RPT however it is timely to review this with positive moves in potential funding sources.

Policy

Environmental

There will need to be some work progressed immediately in relation to the “ground truthing” of land currently covered by SEPP 14 wetlands. To ensure that final plans incorporate the required planning framework and requirements this should be completed  as soon as practicable.

Asset

The Merimbula Airport is a critical asset for the local community due the lack of a full range of transport options locally. Owned by the Council, the management options for the facility are currently under review.

Social / Cultural

The airport is a critical transport option for business, medical and emergency services as well as for local community members. It is critical that the facility remain and grow.

Economic

The Merimbula Airport is a critical infrastructure link for local business. There is also a small aviation based industry sector currently on the site with the potential to grow this into the future. The proposal to include a significant regional tourism interpretation and retail centre provides a real

Strategic

The Merimbula Airport Master Plan was adopted in 2013. Whilst the triggers currently embedded in the Plan link to growth in traveller numbers (RPT) Council is in a position to manage this project to grow this important local asset.

Consultation

There was extensive consultation in the development of the Master Plan and it is timely to progress funding applications to realise the implementation of the Plan funded by the State Government and subsequently aspects being funded by the Federal Government.

Consultation about the implementation of the Tourism Heritage Strategy and Australia’s Coastal Wilderness have commenced with some key projects already underway. The regional interpretative centre planned for the airport has received very favourable response to date.

Financial

Council has made a significant financial commitment to the current airport infrastructure and it is appropriate that State funding be sourced for the aspects of the adopted Master Plan outlined in this report. The proposal recommends that a project application for $15,000,000 be made to the State Government.

Development of additional infrastructure on the airport will provide additional income to Council to be retained in the Airport Reserve allocated to maintenance and future expenditure.

Conclusion

The recent announcements of potential funding are timely for the realisation of the key directions and precinct developments outlined in the Merimbula Airport Master Plan. In order to take advantage of these positive announcements Council is well placed to lodge a funding application as soon as possible. If Council resolves to support this approach, a full funding application and costing process will be commenced.

 

ATTACHMENTS

Nil

 

Recommendation

That Council support the lodging of a funding application to the NSW State Government for the outlined implementation of the Merimbula Airport Master Plan 2033 including aeronautical and non-aeronautical infrastructure and the development of a regional tourism interpretation centre.

 

 

 


Council 30 July 2014                                                                                           Item 10.2

 

10.2.       Proposed disposal of Council land at Phillipps Street, Eden       

 

This report recommends the disposal of vacant land described as Lot 3 DP 574958 which is considered to be surplus to Council’s requirements and seeks approval to give public notice of its intention to dispose of the land.

Group Manager Strategy and Business Services  

 

 

Background

An expression of interest has been received for Council to sell the vacant land on Phillips Street, Eden which contains an area of 972.4 square metres. The land is zoned R2 Low Density Residential under the Bega Valley Environmental Plan 2013. The land is classified as operational land. Attachment 1 shows the location of the land.

In view of the size and location of the land, it does not have any prospect of being developed for operational or community purposes in the future.

A market valuation was obtained from Opteon on 14 July 2014.  A copy of the valuation report has been provided to Councillors confidentially.

ISSUES

Legal

Under the Local Government Act 1993, there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. Section 377(1)(h) of the Local Government Act 1993 requires a specific resolution of Council to dispose of any land. The decision cannot be delegated.

Policy

It is proposed that the land be advertised for disposal by Private Treaty and sold at market value.

Consultation

The Land Investment Strategy 2011 which identified the land in question as being surplus to requirements and suitable for disposal, was advertised by public notice and written submissions sought within a period of 28 days from the date of advertisement. Submissions received in response to the land were considered prior to the decision to proceed to adopt the Strategy.

Financial

There are no financial implications involved in the proposed disposal as any costs incurred should be offset against the proceeds of sale.

Resources (including staff)

External legal resources will be engaged to undertake the necessary conveyancing process.

Conclusion

In accordance with the adopted Land Investment Strategy 2011, it is now considered appropriate that Council approval be given to the disposal of Council owned land at 19 Phillips Street, Eden.

 

ATTACHMENTS

1.         MAP 19 Phillipps Street, Eden

2.         Opteon Valuation Report (Confidential)

 

Recommendation

1.       That Council seek expressions of interest for the disposal of Council owned vacant land, being Lot 3 DP 574958, Phillips Street in Eden.

2.       That should any proposals to purchase the land be received, they be reported to Council.

3.       That the Mayor and/or General Manager be authorised to execute the necessary documents.

 


Council

30 July 2014

Item 10.2 - Attachment 1

MAP 19 Phillipps Street, Eden

 

 

Map

8508438

 

About this Document

Disclaimer

 

This map has been created for the purpose of showing basic locality information over Bega Valley Shire Council. Property boundary line cadastral data is supplied by LPMA. Any error should be reported to the GIS Section, Bega Valley Shire Council.

 

 

This map is a representation of the information currently held by Bega Valley Shire Council. While every effort has been made to ensure the accuracy of the product, Council accepts no responsibility for any errors or omissions. Feedback on omissions or errors would be appreciated.

 

 

 


Council                                                                                                                  30 July 2014

 

 

staff reports – Accessibility (infrastructure Waste and Water)

 

30 July 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.  

11.1           RFQ 27/14 Annual Supply and Mix Services........................................... 228

11.2           RFT 9/14 Goods and Services Tender for Tyres and Batteries............. 231

11.3           Dickinson Oval Pavilion, Bermagui - Tender for Reconstruction......... 234

11.4           Compulsory Acquisition of Crown Land at Candelo - Restore legal access     241

11.5           Acquisition of land for Merimbula Roundabout – Merimbula Drive and Reid St intersection, Merimbula................................................................................ 251


Council 30 July 2014                                                                                           Item 11.1

 

11.1.       RFQ 27/14 Annual Supply and Mix Services     

 

The purpose of this report is to provide details of the quotations received for contract RFQ 27/14 for the annual supply and mix services for Council’s program of works for stabilising sealed roads.

 

Group Manager Transport and Utilities  

 

Background

Local Government Procurement called for tenders on behalf of NSW Councils to facilitate a contract for the Supply and Delivery of Asphaltic Concrete (AC) Materials & Related Services that aims to deliver value for money on behalf of all NSW Councils.

This tender process was facilitated and selection of panel of recognised (approved) Contractors in accordance with the New South Wales Local Government (General) Regulation 2005 was achieved.

The objectives of the tender process was to create a contract that reflects the requirements of New South Wales Local Government by obtaining rates for councils as favorable for the smallest councils as they are for the largest councils.

In order to achieve efficiencies and maximum ‘value for money’, Council has invited quotations for stabilisation services for 2014/15 financial year. This process is aimed to meet the requirements of Council’s road maintenance program, under the Category of Stabilisation Services, from the list of Contractors awarded to this panel.

Quotations were received from the following 3 companies listed below:

·  Accurate Asphalt & Road Repairs Pty Ltd

·  Downer EDI Works Pty Ltd

·  Stabilised Pavements of Australia Pty Ltd

Applicants were asked to provide:-

·  Lump sum price breakdown of the works

The submissions were assessed against the following evaluation criteria:

Criteria

Weighting

Price

50%

Project Experience

30%

Project Functionality

20%

Total

100%

ISSUES

Legal

The procurement process complied with the Local Government Act 1993, the Local Government Regulations (2005) and within Local Government Procurement delegations. This contract is awarded in accordance with AS4000-1997 as per LGP Contract 213.

Policy

This process was conducted in accordance with Council’s Procurement Policy.

Financial

This project is funded from a variety of different budgets including; Regional Roads Repair Program, Rural Road Renewal Program, Urban Street Renewals and Roads and Maritime Services handover of the old Princes Highway.

The funding source for the stabilising component from the various programs has been shown in the table below.

Funding source

Total Funding Amount

Regional Roads Repair Program

$ 1, 222, 000.00

Roads and Maritime Services.

$ 1, 344, 462.00

Rural Road Renewal Program

$ 1, 021, 000.00

Urban Street Renewals

$ 1,036, 000.00

 

Resources (including staff)

Council Construction Coordinator will manage this project.

Conclusion

The stabilisation services are essential works required to meet Council’s ongoing commitment for our road maintenance. The preferred company has the capabilities to meet Council’s demanding program and is a reputable organisation that has completed stabilising road works for Council in an effective and satisfactory manner. All three submissions demonstrated adequate technical capacity and experience in successfully completing projects of a similar scale and nature. The recommended contractor has provided the best balance of low cost with ability to deliver, as well as meeting all requirements of Council’s quotation documentation.

 

 

ATTACHMENTS

1.         RFQ 27/14 Supply & Mix  (Confidential)

 

Recommendation

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

2.       That Council accept the tender from <insert> in relation to contract for works described in RFQ 27/14, in the amount of <insert> (including GST), subject to variations, provisional sums and prime costs items.

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

3.       That other tenderers be advised of Council’s decision.

 


Council 30 July 2014                                                                                           Item 11.2

 

11.2.       RFT 9/14 Goods and Services Tender for Tyres and Batteries     

 

This report details the outcome of the evaluation of RFT 9/14 and identifies the preferred tenderer for a two year goods and services contract for the service and supply of Tyres to BVSC.

 

 

Group Manager Transport and Utilities  

 

Background

Council’s fleet is approximately 350 items in size and consists of a variety of motor vehicles, plant and equipment. The current service provider for the supply of tyres to support this fleet has been engaged via the NSW State Government Contract, which is being rescinded. The current expenditure for this contract is approximately $200,000 per annum. Batteries are currently purchased from a preferred supplier via competitive pricing schedule and approximately $30,000 per annum is spent.

The following list summarises the scope of services required for RFT 9/14:

- Supply goods and services for tyres and batteries to all depots in the BVSC;

- Provide a suitable and effective service to the BVSC fleet; and

- Provide Council best overall value for money

 

The tender was advertised in Sydney Morning Herald on 20 May 2014 and on the Bega Valley Shire Council website.

A mandatory pre-tender briefing was held at 10:00am on 3 June 2014 at Maher Street Depot, Bega and was attended by tenderers and representatives.

The closing date for the RFT was 11 June 2014 at 12.00pm and tenders were received from four suppliers.

An initial compliance check was conducted by the evaluation panel on 12 June 2014 to identify submissions that were non-conforming with the immediate requirements of the RFT. This included compliance with contractual requirements and provision of requested information.

The Evaluation Panel disqualified submissions from Tenderer 3 and 4 bids with no further consideration given due to their non-conformance.

The two remaining submissions were then progressed through to the qualitative criteria and price assessment on the basis that all terms and conditions and mandatory requirements of the RFT had been met.

The second stage assessment of quotations were analysed with a weighted assessment process, using the following criteria:

TENDERERS:

Weighting %

Relevant expertise and experience

5

Responsiveness and Reliability of products/services

10

Resources and capacity to fulfil Councils requirement

10

Contract Management & Reporting

10

Workplace Practices

5

Cost($)

60

Total Weighted Score

100

ISSUES

Supply

The supply of tyres and services is an essential requirement for the operation of the Council’s fleet. Currently tyres and services are being supplied via the NSW State Government Contract major suppliers, through local distributors within the Bega Valley Shire and performance to date has been satisfactory.

Financial

The estimated cost of the goods and services contract for Tyres over two years is approximately $200,000 per annum. Funding is available within the Plant Budget.

 

Funding source

 

Amount

Plant Budget

$

$400,000

Conclusion

The Evaluation panel has assessed the four tender submissions and found two were sufficient in requirements to fulfil the services required for Council. The two suitable tenderers provided technically suitable tyres and a diverse range to select from. Both tenderers were determined to be fully compliant in contractual terms and represent a low commercial risk. The evaluation of the Qualitative and Price criteria identified that the preferred tenderer was overall 14.5% more suitable in scoring than the other tenderer.

The successful supplier has been recommended to Council on the basis it represents value for money and meets the requirements to sustain the Council fleet.

 

 

ATTACHMENTS

1.         RFT 9/14 Good and Services Tender for Tyres and Batteries (Confidential)

2.         Attachment A - BVSC Tyre & Fitting Spend (Confidential)

3.         Attachment B Tyre cost evaluation (Confidential)

 

Recommendation

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

2.      That Council accept the tender submission from <insert> in relation to the supply of goods and services for tyres  as described in RFT 9/14, estimated spend in vicinity $(insert) (including GST) over two years utilising BVSC historical spend data.

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

4.      That other suppliers be advised of Council’s decision.

 


Council 30 July 2014                                                                                           Item 11.3

 

11.3.       Dickinson Oval Pavilion, Bermagui - Tender for Reconstruction     

 

Tenders were called for the construction of a new pavilion building at Dickinson Oval, Bermagui.  Several tenders were received.  This paper outlines issues and options for council to consider for the delivery of the pavilion construction.

 

 

Group Manager Transport and Utilities  

 

Background

The Original Dickinson Oval Pavilion burnt down in 2012.  Funding from a number of sources has been secured to reconstruct the pavilion.  Tenders were invited in November 2013 for the design and construction of a new pavilion based on a floor plan and scope of works produced and accepted by user groups and the sportsground committee.  The tenders received were unaffordable.  It was considered this was primarily due to contractor risk associated with gaining the necessary agreements and consents for construction.  The lack of local tenders was noted with feedback suggesting they would be interested in this project. To address this, Council developed the existing plan into a designed project, with all necessary consents, ready for construction.

Tenders were invited for construction in June 2014.  Fifteen sets of documentation were issued at the close; seven tenders were received as follows:

- Iqon Pty Ltd

- Mosman Construction and Development

- Project Coordination Australia Pty Ltd

- R W Brain Pty Ltd

- Trinder Alpine Construction Pty Ltd

- Wilton Building

- Zauner Construction Pty Ltd

The tenders returned were all well above the budget for the project and again there was little local interest.  This report considers the following options available to Council:

1. Find additional funding and enter into a contract with one of the tenderers.  The most obvious source of funding the shortfall would be from the existing 2014/15 sport and recreation projects.  It is suggested the $300,000 allocated to asset renewals and $106,000 allocated to improvements in Bermagui, at the Bruce Steer Pool could be deferred to fund this project.

2. Council allocation of resources to undertake construction, taking-on contractor’s risk but removing profit and overhead element of cost.  This would require additional project delivery resource to be brought in to the organisation or leave a backlog of other sport and recreation projects to be delivered at a later date.  It would still be likely to cost in excess of the $402k available.  The shortfall should however, be reduced and could still be covered by allocating funding from other 2014/15 sports and recreation projects.

It should be noted that if Council were to allocate resources to award a tender and closely manage the construction, there would be a point where it may be more efficient for Council staff to take on the role of contractor and project managers.

ISSUES

Legal

The existing tender process continues and needs to be concluded.

Asset

Reconstruction of the pavilion is consistent with Council’s policy and asset management plan.

Social / Cultural

Reconstruction of the pavilion will provide a building to support community sports and recreation activities.

Strategic

If it were proposed to divert internal resources to deliver a key piece of community infrastructure in the Bermagui area there would be impacts on other sport and recreation projects.

Consultation

The outline design was developed by the user groups and sportsground committee.  The planning process has also included a period of public exhibition.

Financial

Budget funding has been secured for the project from a variety of sources indicated in the following table:

 

Budget Funding Source

Amount

BVSC LTFP 2013/14

$80,000

BVSC S&R SV fund

$129,000

NSW Public Reserves Management Fund Programme

$50,000

NSW Community Building Programme

$40,000

Insurance payment

$137,000

Less expenditure - demolition of previous building, hire of temporary facilities, design, water main diversion

$34,000

Balance

$402,000

Resources (including staff)

Delivery of the project shall be by Council staff managing the project directly or a contractor.

Operational Plan

The new pavilion building would be operated by the sportsground committee, similar to the previous pavilion building.  Council staff will liaise with the sportsground committee to resolve any issues at handover.

Conclusion

It is not clear why costs have escalated so much for a building that has not changed in size or scope since the November 2013 tender.

If Option 1 is adopted, it may be difficult to reacquire this amount of capital in the near future to fund the deferred projects.  The users of the other facilities where the projects are deferred would certainly be disappointed. Although given the project development, design and tender expressions at Bermagui it is clear that proposed funding levels and project timelines will require revision and community expectations managed accordingly.

If Option 2 were progressed, Council should be aware that there are financial risks associated with Council staff delivering the pavilion to time and budget.  Removal of the contractor’s profit element and efficiently delivering the project may still cost significantly more than the existing budget.  It is also proposed that a design review be undertaken to look at elements that could be changed to reduce costs and to investigate opportunities to use community volunteer support to deliver further cost savings. 

 

ATTACHMENTS

1.         RFT 6/14 Construction for Dickinson Pavilion, Bermagui (Confidential)

2.         Dickinson Oval Pavilion Bermagui Drawings

 

Recommendation

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

2.      That Council accept the tender from <insert> in relation to contract for works described in RFQ 6/14, in the amount of <insert> (including GST), subject to variations, provisional sums and prime costs items.

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

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

 


Council

30 July 2014

Item 11.3 - Attachment 2

Dickinson Oval Pavilion Bermagui Drawings

 


 


 


Council 30 July 2014                                                                                           Item 11.4

 

11.4.       Compulsory Acquisition of Crown Land at Candelo - Restore legal access     

 

Council is compulsorily acquiring Crown Land being Lot 17 DP 251561, part of R16 for Preservation of Water Supply and other Public Purposes at Candelo and to restore legal access to Lot 20 DP 750201 and Lot 1154 DP 714000. This report is to obtain current resolutions due to the length of time this matter has taken to progress.

Group Manager Transport and Utilities 

 

Background

Agreement was reached between Council staff and the applicant of development application 2006.0577 to proceed with the formal process of compulsory acquisition of Crown Land known as Lot 17 DP 251561. The ownership is to be transferred to Council with all costs associated with the compulsory acquisition, compensation and transfer of land to be met by the applicant of Development Application 2006.0577.

ISSUES

Legal

As the attached Council report is over 4 years old a current resolution is required for this matter to progress and specific resolution wording is necessary for the completion of Compulsory Acquisition under the Local Government Act.

Asset

An increase to Council maintained roads, with the applicant required to construct the access being a 6.4 metre wide bitumen sealed standard to then be maintained by Council.

Consultation

The landowner has been informed by Councils Solicitor that formalisation procedures are to take place.

Financial

All costs associated with the compulsory acquisition, compensation and transfer of the land will be met by the applicant of Development Application 2006.0577.

Conclusion

The compulsory acquisition process needs to be finalised by making application to the Division of Local Government to provide legal access to Lot 20 DP 750201 and Lot 1154 DP 714000.

 

ATTACHMENTS

1.         Report to Council 20.10.2009 - Compulsory Acquisition of Crown Land at Candelo - Restore legal access

2.         Acquisition consent letter from Crown Lands  

 

Recommendation

1.       That Council proceed with the compulsory acquisition of the land described as Lot 17 DP 251561 for the purpose of public road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2.       That Council make an application to the Minister and the Governor for approval to acquire Lot 17 DP 251561 by compulsory process under section 177 of the Roads Act.

3.       That the land is to be dedicated as public road.

 


Council

30 July 2014

Item 11.4 - Attachment 1

Report to Council 20.10.2009 - Compulsory Acquisition of Crown Land at Candelo - Restore legal access

 

3.    Compulsory Acquisition of Crown Land at Candelo – Restore legal access

Council has received an authority for the compulsory acquisition of Crown Land being Lot 17 DP 251561, part of R16 for Preservation of Water Supply and other Public Purposes at Candelo for the purpose to restore legal access to Lot 20 DP 750201 and Lot 1154 DP 714000.

Group Manager Transport and Utilities

Background

During the assessment process of Development Application 2006.0577 (undetermined) the existing constructed access from the Mogilla Road to this property (Lot 20 DP 750201) and another (Lot 1154 DP 714000) was found to be contained within Lot 17 DP 251561 (formally closed road) and part of R16 for Preservation of Water Supply and other Public Purposes. Informal agreement has been reached between Council staff and the applicant to proceed with the formal process of compulsory acquisition of Crown Land over this section of formed road and the ownership be transferred to Council with all cost associated with the compulsory acquisition, compensation and transfer of the land to be met by the applicant of Development Application 2006.0577.

ISSUES

Legal

Following the adoption of the report the application for Compulsory Acquisition will follow due process with advertising in the local papers and the formal application with the  Land and Property Management Authority. The Authority has indicated through its letter dated 29 January 2009 (Attachment 1) that it has no objections to the compulsory acquisition of the subject crown land subject to conditions as stated in the letter.

The Minister for Lands agrees pursuant to section 29 of the Land Acquisition (Just Terms Compensation) Act 1991 to the acquisition of the Crown land shown by red edge on the attached diagram (Attachment 2) and further agrees that compensation for the acquisition shall be the land value as determined by the Valuer General.

Asset

An increase to Council maintained roads, with the applicant required to construct the access in accordance with procedure 4.1.1q. (Attachment 3) being a 6.4 metre wide bitumen sealed standard to then be maintained by Council.

Consultation

Following an approach by the applicant of Development Application 2006.0577, Council staff have visited the site and undertaken their assessment. It has been informally agreed that Council will provide the mechanism for the land owners to be provided with legal access to their parcel so as to comply with Clause 16.7.g of the Bega Valley Local Environment Plan 2002 to enable Development Application 2006.0577 to proceed.

Financial

All cost associated with the compulsory acquisition, compensation and transfer of the land will be met by the applicant of Development Application 2006.0577.

Operational Plan

There will be no impact on the operational plan.

Conclusion

It is recommended that Council’s General Manager be authorised to execute the necessary documents to effect the compulsory acquisition of Crown Land being Lot 17 DP 251561 and part of R16 for Preservation of Water Supply and other Public Purposes to provide legal access to Lot 20 DP 750201 and Lot 1154 DP 714000.

Recommendation

That Council authorise the General Manager to execute the necessary documents to affect the compulsory acquisition of Crown Land being Lot 17 DP 251561 and part of R16 for Preservation of Water Supply and other Public Purposes to provide legal access to Lot 20 DP 750201 and Lot 1154 DP 714000, subject to all costs being borne by the applicant for Development Application 2006.0577 and enter into a legal agreement with the applicant to carry out the compulsory acquisition.

 


Attachment 1


Attachment 2

 


Attachment 3

 


Council

30 July 2014

Item 11.4 - Attachment 2

Acquisition consent letter from Crown Lands

 


 


 


Council 30 July 2014                                                                                           Item 11.5

 

11.5.       Acquisition of land for Merimbula Roundabout – Merimbula Drive and Reid St intersection, Merimbula     

 

This report seeks Council approval to continue with land acquisition of 5.22m2 of Lot 11 in Deposited Plan 814290 in relation to the construction of Merimbula Roundabout, which is scheduled for construction in this financial year 2014/2015.

Group Manager Transport and Utilities  

 

 

Background

Council is in the initial stages of constructing a roundabout at the intersection of Merimbula Drive and Reid Street, Merimbula. A 5.22m2 section of property known as Lot 11 Deposited Plan 814290 is required for the continuation of this project.

Agreement was reached between Council Staff and the land owners to proceed with the formal process of acquisition of this 5.22m2 section of property. The ownership is to be transferred to Council with all costs associated with acquisition, compensation and transfer of land to be met by the Council.

ISSUES

Legal

An independent valuer has used A Part 3 Division 4 Section 55 of the Land Acquisition (Just terms Compensations) Act, 1991 to determine the compensation. 

Asset

The construction of a new roundabout is part of the critical path to complete the proposed Merimbula Bypass. 

Consultation

The initial stage of Telstra relocation has been completed under the portion of land to be acquired.

Financial

Works are funded under the Roads and Maritime Services (RMS) Black Spot program. The program is split 50% RMS and 50% Council funded.

The ownership is to be transferred to Council with all costs associated with acquisition, compensation and transfer of land to be met by the Council.

Conclusion

The acquisition allows the construction of the new roundabout to proceed and will prevent delays to the next stages of the Merimbula Bypass Project.

 

ATTACHMENTS

1.         Attachment A Merimbula Landscape Map Lot 11/DP 814290

2.         Attachment B Merimbula Land Acquisition Map

3.         Acquisition of land for Merimbula Roundabout  (Confidential)

 

Recommendation

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

2.       That the acquired land be classified as road reserve.

3.       That the land owners be advised of Council’s decision.

 


Council

30 July 2014

Item 11.5 - Attachment 1

Attachment A Merimbula Landscape Map Lot 11/DP 814290

 


Council

30 July 2014

Item 11.5 - Attachment 2

Attachment B Merimbula Land Acquisition Map

 

 


Council                                                                                                                  30 July 2014

 

staff reports – leading organisation (governance and strategy)

 

30 July 2014

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.  

12.1           Classification of land recently acquired by Council ............................... 256

12.2           Certificate of Investments made under Section 625 of the Local Government Act 1993.......................................................................................................................... 258

12.3           Women in Local Government NSW Leadership Summit....................... 263


Council 30 July 2014                                                                                           Item 12.1

 

12.1.       Classification of land recently acquired by Council       

 

Council has recently completed the acquisition of several parcels of land at Bega, Wolumla and Millingandi.  Final approval is being sought to classify each of the sites as operational land.

 

Group Manager Strategy and Business Services  

 

Background

In order to redevelop the Bega Civic Centre, Council approved the acquisition of the Bega Town Hall site from Crown Lands back in February 2010.  After a lengthy acquisition process, Lot 103 DP 1151462 and Lot 5 DP 430378 were formally acquired by Council by notice published in the Government Gazette on 20 June 2014.  It was recommended that the land be classified as operational upon acquisition to allow greater flexibility with future uses of the new civic centre building and to be consistent with the classification of the existing surrounding Council owned land, being the Council administration building and carpark, library and gallery.  

Council also approved the acquisition of Lot 11 DP 1176792 at Wolumla on 27 September 2011 for the purpose of providing a new water reservoir for the township of Wolumla and Lot 100 DP 1192435 at Millingandi on 12 June 2012 for the purpose of constructing a new sewer pump station.  The acquisition of both sites has recently been completed.  As the sites are being used for the purpose of providing water and sewer infrastructure, it is recommended that they should be appropriately classified as operational land under the Local Government Act 1993.

As each of the acquisitions have now been finalised and public notification processes completed, a final report to Council is required in order to classify the lands as operational.    

ISSUES

Legal

Council’s solicitor has recently confirmed that each of the acquisitions have now been finalised with the issue of Certificates of Title imminent.

Section 31 of the Local Government Act 1993 provides that a property must be classified within three months of acquisition by Council resolution or it automatically defaults to community land.  Section 34 of the Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions. 

Consultation

The public notice advertisement regarding the proposed classification of the Bega Town Hall site appeared in the local papers during the week commencing Monday, 30 December 2013, with the submission period closing on Friday, 31 January 2014.  No submissions were received objecting (or otherwise) to the proposal.

The public notice advertisement regarding the proposed classification of the Wolumla land appeared in the local papers during the week commencing Monday, 17 March 2014, with the submission period closing on Friday, 18 April 2014.  No submissions were received objecting (or otherwise) to the proposal.

The public notice advertisement regarding the proposed classification of the Millingandi land appeared in the local papers during the week commencing Monday, 16 June 2014, with the submission period closing on Friday, 11 July 2014.  No submissions were received objecting (or otherwise) to the proposal.

Conclusion

In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the Local Government Act 1993, Council resolution is sought to classify the lands recently acquired at Bega, Wolumla and Millingandi as operational land.

 

ATTACHMENTS

Nil

 

Recommendation

1.       That Council note that a 28 day public notification process was completed regarding the proposal to classify each of the parcels of land acquired at Bega, Millingandi and Wolumla, with no submissions received.

2.       That Council resolve to classify Lot 103 DP 1151462 and Lot 5 DP 430378 at Bega, Lot 11 DP 1176792 at Wolumla and Lot 100 DP 1192435 at Millingandi as operational land under Section 31 of the Local Government Act 1993.

 


Council 30 July 2014                                                                                           Item 12.2

 

12.2. Certificate of Investments made under Section 625 of the Local Government Act 1993     

 

To report the details of Council’s investments during the month of June 2014.

 

 

Group Manager Strategy and Business Services   

 

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 5.07. This policy is reviewed every 4 years by Council and annually by Council staff.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $51,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

 

Funding source

April 2014

May 2014

June 2014

General Fund

$22,090,726

$26,090,726

$27,090,726

Water Fund

$13,022,303

$13,022,303

$13,022,303

Sewer Fund

$10,886,971

$10,886,971

$10,886,971

 

In addition there is $2,298,274.04 in uninvested funds in Councils operating account.

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

Table 2: Restricted Cash and Investment by Fund

 

Funding source

External Restrictions ‘000

Internal Restrictions ‘000

Unrestricted ‘000

Total

‘000

General Fund

$9,800

$18,196

-$4,132

$23,864

Water Fund

$4,228

$8,794

$1,617

$14,639

Sewer Fund

$1,945

$8,942

$3,908

$14,795

 

The restrictions reported in Table 2 relate to 30th of June 2013.

Council formally calculates its restrictions as at 30th of June each year. These restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between 1st of July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

 

ATTACHMENTS

1.         Investment Report June 2014

 

Recommendation

1.       That Council receive and note the attached report indicating Council’s Investment position.

2.       That Council note the Certificate of the Responsible Accounting Officer.

 


Council

30 July 2014

Item 12.2 - Attachment 1

Investment Report June 2014

 


 


Council 30 July 2014                                                                                           Item 12.3

 

12.3.       Women in Local Government NSW Leadership Summit     

 

Proposal for two delegates from BVSC to attend this year’s Women in Local Government NSW Leadership Summit - Sydney 22 and 23 October 2014.

 

Workforce and Administration Manager  

 

Background

The Women in Local Government Leadership Summit is an annual forum which provides a unique opportunity for potential and current woman leaders in the local government sector to look at growing and sharing their leadership values and skills through case studies and workshop sessions.

At this year’s Summit, the featured speakers include a mixture of Councillors and Council employees from across various New South Wales Councils.

Topics to be covered include –

•           Inspiring and motivating stories of success for current and emerging leaders

•           Tactics for enhancing performance in a complex and changing environment

•           Balancing the needs and expectations of diverse stakeholders

•           Proactive approaches to achieving work / life balance and career progression

Registration costs as follows –

Summit and 1 day workshop

•           Value plus rate (registered prior to 18 July) is $1699.50 per person.
($150 discount per person)

•           Super Saver rate (registered prior to 15 August) is $1754.50 per person.
($100 discount per person)

Summit only

•           Value plus rate (registered prior to 18 July) is $1039.50 per person.
($150 discount per person)

•           Super Saver rate (registered prior to 15 August) is $1094.50 per person.
($100 discount per person)

In expectation Council’s support and to minimise costs, we have registered for the Summit and the post-summit workshop under the value plus registration rate (prior to 18 July). This can be amended should Council only determine to attend the one day Summit meeting on 22 October.

It is recommended one female Councillor attend the summit. A female employee representative will be determined via an expression of interest from our Aspiring Leaders Group. The Leadership Executive Group will assess the expression of interest applications and collectively determine the most appropriate nominee. This is identified and funded via Council’s employee development program.

The attendance at this program by a Councillor and other major events know will be reported to the 1 October meeting for resolution of a full councillor development program.

These figures are calculated on the two day attendance at the summit and include projected costs for flights, accommodation and meal allowances. The amount has been calculated approximately at the maximum costs.

Funding source

 

Amount

Nominated Councilor (W2909.96)

$

2900.00

 

 

Resources (including staff)

One female Councillor to be nominated and one female employee of Council will attend the summit.

Conclusion

The Women in Local Government NSW Leadership Summit will provide a unique development opportunity for both the nominated Councillor and the nominated employee of Council.

 

ATTACHMENTS

1.         Women in Local Government NSW Leadership Summit  

 

Recommendation

1.         That Council determine the level of attendance by Councillors at the Women in     Local Government NSW Leadership Summit.

2.         Council nominate a female Councillor to attend The Women in Local          Government NSW Leadership Summit.

 


Council

30 July 2014

Item 12.3 - Attachment 1

Women in Local Government NSW Leadership Summit

 


 


 

   
 


Council                                                                                                                  30 July 2014

 

 

Questions On Notice

 

30 July 2014

 

18.1           Tura Beach Tavern........................................................................................ 270


Council 30 July 2014                                                                                           Item 18.1

 

18.1.       Tura Beach Tavern     

 

Cr McBain asked at the Council meeting on 25 June could Councillors receive an update on the status of the Tura Beach Community Facility and when it is expected the space will be occupied.

 

 

Acting Group Manager Community Relations and Leisure  

 

BACKGROUND

At its meeting of 12 June 2013 Council resolved to authorise the General Manager to purchase at auction the Tura Tavern site for community purposes. This was carried out and Council purchased the site on 13 June 2013.

At its meeting of 3 July 2013 Council resolved to seek public submissions on the future use of the site and this was reported to Council on the 25 September 2013. At that meeting Council adopted a number future uses for the Main Tavern site;

·    Branch Library, office space, work room, community meeting room

·    Covered outdoor community space

·    Café/Reception space

·    BVSC Community Service Programs

·    Community meeting room

·    Large multi-use community meeting spaces/community exhibition space

·    Community offices for use or allocation to community groups

·    Community work room

ISSUES

Asset

Council staff have disposed of all third party assets and have sold a number of items to local businesses, predominantly hospitality based. A number of fixtures and fittings will be retained for use at this site, and at other Council owned venues, and any remaining items will be sold to third parties at auction, or disposed of.

The kitchen has been removed and is currently stored at the Tavern. It will remain there until work commences on the Tura site, a temporary storage facility will be identified at that point, until the kitchen is relocated for use in the Bega Civic Centre.

Consultants have been engaged to complete the design work, expected to be completed by the end of July.  A Development Application will then be prepared. Final design and costing will be reported to Council as per the resolution on 25 September 2013.

The timeline we are working towards is to have the building operational by December this year.

Financial

Council was successful, in March this year, in securing funding from the State Library for $200 000 towards the project and the remainder will be funded from a number of existing sources including savings in the library development budget, sale of poker machine licences and a contribution from Community Services reserves held from the sale of the HACC building.  Once a detailed design has been completed a full costing will be reported to Council for adoption.

CONCLUSION

The Tura facility and residence provide an opportunity for Council to develop a space that will have real outcomes for a broad cross section of the community.   A final design and costing will be reported to Council for adoption

 

ATTACHMENTS

Nil