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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre
Bega on
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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre
Bega on
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting. A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.
The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflictions of interest.
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.
The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:
Council meeting held on __________(day) / ___________(month) /____________(year)
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Item no & subject |
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Pecuniary Interest
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In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer. |
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Significant Non-pecuniary conflict of interest |
– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993. |
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Non-pecuniary conflict of interest |
In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter. |
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Nature of interest |
Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor. |
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If Pecuniary |
Leave chamber |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Reason for action proposed |
Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances |
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Print Name |
I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above. |
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Signed |
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NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.
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Council |
16 June 2021 |
Recommendation
That the Minutes of the Ordinary Meeting and Closed session held on 12 May 2021 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.
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8.1 Endorsement of planning proposal to remove minimum site areas for certain residential development.................................................................................................................................. 9
9.1 Recognition of 20 years of partnership with local Aboriginal people.................................. 26
Nil Reports
11.1 RFT 2021 87 Whipstick Bridge Construction............................................................................. 30
11.2 Bega Valley Local Traffic Committee.......................................................................................... 34
11.3 Tathra Taylors Square Public Amenities Concept Plan......................................................... 107
11.4 Bega Sporting Complex Sports Building Concept Plan.......................................................... 121
11.5 Lease to Merimbula Tennis Club............................................................................................... 128
11.6 Quaama Memorial Park Master Plan and Playground Upgrade......................................... 131
11.7 Request for Waiver of Public Land Use Fees - Twyford Hall Redevelopment - Monarch Building Solutions.................................................................................................................................... 139
12.1 Council’s Energy Cost Saving Initiatives including Procurement Australia’s Power Purchasing Agreement Proposal................................................................................................................ 142
13.1 Certificate of Investment - April 2021...................................................................................... 151
14.1 Meeting of Biamanga and Gulaga Boards............................................................................... 157
14.2 Country Mayors Association meeting...................................................................................... 158
16.1 Rescission and Notice of Motion - Popularly Elected Mayor referendum........................ 164
16.2 Merimbula Skate Park Location................................................................................................ 166
17.1 Cr Nadin - EIS Merimbula Ocean Outfall.................................................................................. 170
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public........................... 171
Council |
16 June 2021 |
8.1 Endorsement of planning proposal to remove minimum site areas for certain residential development......................................................................................................... 9
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Council 16 June 2021 |
Item 8.1 |
This report seeks a resolution of Council to support a planning proposal to amend Clause 4.1A of Bega Valley Local Environmental Plan 2013, which relates to minimum site areas for certain residential development.
Director Community Environment and Planning
1. Supports a planning proposal (Attachment 1) to amend Clause 4.1A, which relates to minimum site areas for certain residential development, of Bega Valley Local Environmental Plan 2013.
2. Authorises Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.
3. Authorises Council officers, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required, to progress the planning proposal to finalisation and gazettal without a further report to Council.
Executive Summary
Council officers have prepared a planning proposal that aims to update the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) by amending Clause 4.1A ‘Minimum site areas for dwelling houses, dual occupancies, multi dwelling housing and residential flat buildings in certain zones’.
A review by Council staff found that the clause is a barrier to achieving the aims of the Bega Valley Shire Residential Land Strategy 2040 to increase housing diversity and ensure the best use of available zoned and serviced land, and if amended could also streamline the development assessment and approval process for certain development.
Background
The Bega Valley Shire Residential Land Strategy 2040 addresses the future need for housing and provides direction about how and where residential growth will occur to support the growing population, ageing community and changes in household structure through recommendations for amendments to Council’s planning instruments and policies.
Clause 4.1A of BVLEP 2013 has been identified as a planning control that required review to ensure the desired outcomes and objectives of the Bega Valley Shire Residential Land Strategy 2040 can be achieved.
The application of Clause 4.1A was found to restrict development types that are desirable in the Shire by mandating minimum site areas for dwelling houses, multi dwelling housing and residential flat buildings in urban residential, village and mixed use zones.
Clause 4.1A is considered to present unnecessary additional barrier to development of:
· Single dwellings on unsewered lots less than 2,000m2 because appropriate installation and management of on-site sewage management systems could be determined through the standard development assessment process, and
· Mixed use, residential flat buildings and multi dwelling housing development by limiting yield on land with capacity for more intensive development.
Currently developers seeking to vary from the minimum site area provisions of Clause 4.1A are required to apply for a Clause 4.6 variation, which adds to the complexity, cost and time to the preparation, assessment and determination of development applications. These variations are supported where they align with the Bega Valley Shire Residential Land Strategy 2040, which aims to increase housing diversity and ensure the best use of available zoned and serviced land.
Removal of the minimum site area development standards in Clause 4.1A is unlikely to result in adverse amenity impacts for the community. Site density is controlled in the R2 and R3 zones through mapped floor space ratio standards. Various residential types are permitted in each of the four affected zones that are suited to the objectives of those zones. Existing development controls such as minimum landscaping requirements, view sharing considerations, overshadowing controls and similar provisions work to control amenity and character, which will continue to apply when new development is considered. Larger multi-unit developments are also required to meet the requirements of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development (SEPP 65) and the associated Apartment Design Guideline 2015.
It is proposed to retain the parts of Clause 4.1A that relate to the minimum site area for dual occupancies in the R2 Low Density Residential and RU5 Village zones at this time. The impact of removing the current 550m2 standard warrants further consideration in conjunction with delivery of other aspects of the Bega Valley Shire Residential Land Strategy 2040, which will be reported to Council at a later date.
Options
This report recommends that Council amend Clause 4.1A of BVELP 2013 because it is a barrier to the efficient use of residential land and limits housing diversity. Council could choose not to amend the clause and developers could continue to use Clause 4.6 of BVLEP 2013 to support variations to the development standards it contains.
Community and Stakeholder Engagement
Engagement undertaken
No community consultation has yet been undertaken.
Engagement planned
The Gateway Determination will confirm community consultation requirements. It is likely that the planning proposal will be exhibited as a ‘low’ impact proposal for a period of not less than 14 days in accordance with Section 5.5.2 of A Guide to Preparing Local Environmental Plans.
Council will engage with the local community and agencies as per the Gateway Determination and Council’s Community Engagement Strategy. This will include notification on Council’s website and by email to local development professionals.
Should agency or community feedback to the planning proposal be received, a further report will be prepared for Council outlining the submissions received and any changes to the planning proposal recommended in response to those submissions prior to resolving whether to proceed with amending BVLEP 2013.
In the event that no objections to the planning proposal are received from landowners and no changes are required to the planning proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to BVLEP 2013.
Financial and Resource Considerations
The processing of the planning proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.
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Funding source |
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Amount |
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General Fund |
$ |
500.00 |
Legal /Policy
This planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018).
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The planning proposal addresses the following goals in the Bega Valley Community Strategic Plan 2040:
• Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.
• Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that meet local needs.
The planning proposal addresses Goal 4 of the South East and Tablelands Regional Plan 2036 to create environmentally sustainable housing choices and the following directions:
• Direction 24: Deliver greater housing supply and choice
• Direction 25: Focus housing growth in locations that maximise infrastructure and services
• Direction 27: Deliver more opportunities for affordable housing.
Environment and Climate Change
The planning proposal will help Council address the risks associated with climate change that relate to residential development and land use practices and minimises impacts of future residential development on the environment though supporting housing growth within existing zoned areas and increasing density in existing urban areas.
Economic
The planning proposal will help ensure there is a diversity of housing within the Shire’s urban areas so that residential development supports continued growth and viability of existing commercial precincts. The provision of diverse and affordable housing options is also important in supporting the local workforce.
Risk
Implementation of this planning proposal will address the risk of existing housing stock not meeting the needs of our population and will enable future residential development while maintaining the existing character of towns and villages and rural landscapes.
Social / Cultural
Implementation of the planning proposal will increase the diversity of housing that will help to better meet our community’s housing needs. Improving housing diversity, particularly smaller dwellings and dwellings suited to older people and people with disabilities, will impact on the affordability of housing and improve opportunities for people to live closer to the goods and services they need.
1⇩. Clause 4.1A amendment planning proposal
Council |
16 June 2021 |
9.1 Recognition of 20 years of partnership with local Aboriginal people................. 26
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Council 16 June 2021 |
Item 9.1 |
9.1. Recognition of 20 years of partnership with local Aboriginal people
This year is the 20th anniversary of Bega Valley Shire’s landmark partnership between local Aboriginal people and Bega Valley Shire Council. This partnership recognises Aboriginal people as the traditional owners and custodians of the Bega Valley Shire and identifies opportunities to advance conciliation between Aboriginal and non-Aboriginal people.
Director Community Environment and Planning
That Council:
1. Recognises and respects the traditional owners and custodians of the airspace, land and waters of the Bega Valley Shire.
2. Acknowledges and respects the traditions of Aboriginal people and respects their continued special relationship with the air, land and water of the Shire.
3. Accepts that in order to address the issues and effects of colonisation, which continue to affect Aboriginal people in the Shire, we must first acknowledge the past, to further respect, protect and advance the continuing rights and interests of all people in the Shire.
4. Invites all residents of the Bega Valley Shire to celebrate the 20th anniversary of this important partnership at a civic event to be held at 10.30am on 25 June 2021 at the Bega Valley Commemorative Civic Centre.
Executive Summary
The 20th anniversary of the formal partnership between Bega Valley Shire Council (BVSC) and local Aboriginal people is a milestone to be celebrated. It reflects the respect, recognition and acknowledgement of the contribution that Aboriginal people have made and continue to make to the Bega Valley Shire.
The event planned for 25 June 2021 is an opportunity for everyone in the Shire to celebrate that contribution and work towards truth, conciliation and healing.
Background
Bega Valley Shire Council first entered a Memorandum of Understanding (MoU) with local Aboriginal people on 13 June 2001. At the time, it was the first agreement of its type in Australia.
The intent of the MoU is to support conciliation among Aboriginal and non-Aboriginal people and the advancement of Aboriginal people within the Bega Valley. Since then, the MoU has been periodically revised and updated, generally in alignment with Council terms.
The establishment of the MOU and its regular review process reflects a positive and active commitment to cross-cultural relationships and increased opportunities for local Aboriginal people through improved cultural understanding and collaboration. The collaborative actions and achievements over the past 20 years reflect seven key areas of commitment:
· Governance – Collaboration and Partnership
· Protocols
· Recognising Cultural Heritage
· Social and Community Development
· Education and Children’s Services
· Economic Development
· Employment
Options
Options available to Council are to formally recognise or not recognise the 20th anniversary of its partnership with local Aboriginal people. Recognising this important partnership is the preferred option.
Community and Stakeholder Engagement
Engagement undertaken
Councillors and officers have regular engagement with local Aboriginal people in relation to a wide range of activities. Council resolved in 2019 to establish a formal section 355 Committee to facilitate liaison with Local Aboriginal Land Councils (LALCs). This Committee meets regularly and has been developing an event to celebrate the 20th anniversary of the formal partnership between Council and the three LALCs within the Shire. This event is planned for 25 June 2021.
Engagement planned
One of the activities planned after the 25 June celebration is a discussion to inform development of the next iteration of the Memorandum of Understanding with the Bega, Eden and Merrimans LALCs and a broader Conciliation and Healing Action Plan for the Shire. The process to develop the proposed Action Plan will involve wider input from Aboriginal and non-Aboriginal people across the Shire.
Financial and Resource Considerations
There are no direct financial and resource considerations associated with the proposal to recognise the significance of the 20th anniversary of the partnership between Council and local Aboriginal people.
Costs to hold an event to celebrate this anniversary are included in the adopted 2020-2021 Budget and have been committed.Legal /Policy
There are no direct legal and policy implications of the proposal. The recommendation is aligned with the adopted Memorandum of Understanding with the Bega, Eden and Merrimans LALCs.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The recommendation is consistent with the following goals in the Bega Valley Shire Community Strategic Plan 2040:
Goal 1: We are co-operative, caring and enjoy a culturally rich community life.
Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.
Goal 4: We have meaningful employment and learning opportunities for people in all stages in life.
Goal 5: Our air and water is pristine and our natural environment and rural landscapes are protected.
Environment and Climate Change
The proposal does not have direct environment and climate change implications. Indirect environmental benefits flow from engagement with local Aboriginal people in management of country.
Economic
There are no direct economic implications of the proposal. The MoU seeks to promote economic self-determination for local Aboriginal people. Ancillary economic benefits can be expected for the broader community from this economic activity.
Risk
There are no direct risks associated with the proposal, as the commitments are generally consistent with Council’s adopted policy position.
Social / Cultural
The proposal aims to recognise the Shire’s rich cultural history, and advance conciliation between Aboriginal and non-Aboriginal people.
Attachments
Nil
Council |
16 June 2021 |
11.1 RFT 2021 87 Whipstick Bridge Construction....................................................... 30
11.2 Bega Valley Local Traffic Committee................................................................... 34
11.3 Tathra Taylors Square Public Amenities Concept Plan..................................... 107
11.4 Bega Sporting Complex Sports Building Concept Plan...................................... 121
11.5 Lease to Merimbula Tennis Club....................................................................... 128
11.6 Quaama Memorial Park Master Plan and Playground Upgrade....................... 131
11.7 Request for Waiver of Public Land Use Fees - Twyford Hall Redevelopment - Monarch Building Solutions.............................................................................................. 139
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Council 16 June 2021 |
Item 11.1 |
11.1. RFT 2021 87 Whipstick Bridge Construction
This report details the outcome of evaluation of Tender RFT 2021-87 for Whipstick Bridge Construction and recommends award to the preferred tender.
Director Assets and Operations
1. That Council accept the recommendations in the confidential attachment.
2. That Council accept the tender from (insert) in relation to contract for the works described in Tender RFT 2021-87 Whipstick Bridge Construction, in the amount of $(insert) (including GST), subject to variations, provisional sums and prime cost items.
3. That authority be delegated to the General Manager to execute all necessary documentation.
4. That all tenderers be advised of Council’s decision.
Executive Summary
The timber bridge on Mount Darragh Road over Whipstick Creek near Wyndham is on a vital service, transport and emergency access route linking the Princes Highway and the coastal localities of Eden and Pambula to Bombala and Cooma districts and inland beyond.
The bridge is at the end of asset life and requires replacement. Over a number of years, despite maintenance, the inevitable deterioration of the timber structure has made replacement necessary to meet current traffic and load requirements. This need was highlighted during recent flood events when significant damage caused the closure of one lane across the bridge.
Following survey, geotechnical investigations and environmental assessments, Council engaged an experienced engineering consultant to carry out an options evaluation and produce a replacement bridge design during 2020.
Australian Government Funding has been secured to cover the cost of the replacement bridge.
Public Tenders for the construction were invited via VendorPanel in March 2021 and three submissions were received when the Tender period closed on 14 April 2021.
Background
The existing single span timber bridge on Mount Darragh Road over Whipstick Creek was constructed, to replace an earlier bridge destroyed by flood, as an all timber bridge in 1958 for NSW Department of Main Roads by Lyall Hall Contracting using local timbers. This structure was a 4-girder log bridge with a laminated timber deck, fixed with steel pins, which was a novel construction method for this area at the time.
Various upgrade works including the road pavement have been carried out over the years and a range of testing, remedial actions and works have been undertaken by Council to the extend longevity and maintain functionality.
Council applied for financial assistance as far back as 2018 to replace the Whipstick Bridge. Funding has been obtained from the Australian Government in two tranches to cover the capital cost of the replacement bridge.
Following survey, geotechnical investigations, environmental assessments including Review of Environmental Factors, Council engaged an experienced engineering consultant to carry out an options evaluation and produce a replacement bridge design during 2020 and invited Tenders for construction in March 2021.
Following a well-attended tenderer’s mandatory site briefing, three Tenders were received when the submission period closed on 14 April 2021. Evaluation on basis of lump sum cost, tender qualifications and non-price criteria including ability with community liaison, experience and capability resulted in a best option.
The Contract stipulates that, apart from very short periods that are pre-advised and approved, at least one lane for through traffic must always be open during construction.
Options
Council has considered options for the replacement of Whipstick Bridge. In order to create a resilient structure to both flood and fire it is assessed that a concrete structure would best serve the community over the life of the asset.
Community and Stakeholder Engagement
Engagement undertaken
Council met with the local community at Wyndham in June 2019. Replacement of the Whipstick bridge was addressed with unanimous support noted.
Engagement planned
A Communication and Engagement Plan has been prepared for the project. Council will coordinate with the Contractor to ensure that the community is kept informed of traffic and pedestrian adjustments and opportunities to be involved with the post project soft landscaping e.g. tree planting and the related street furniture and features.
Financial and Resource Considerations
Council applied for financial assistance as far back as 2018 to replace the Whipstick Bridge.
The Commonwealth Department of Infrastructure, Transport, Regional Development and Communications (DITRLC) funding was approved 16 December 2019 with agreement signed in October 2020 for $700,00.
Council was advised of additional funding from DITRLC in April 2021 for $1,700,000 to complete the funding requirements.
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Item |
$ Excl GST |
|
Expenditure Detail |
|
|
Total estimated project cost |
2,400,000 |
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Total Expenditure |
2,400,000 |
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|
|
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Source of Funds |
|
|
Grant income | DITRLC Funding 2020 |
700,000 |
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Grant income | DITRLC Funding 2021 |
1,700,000 |
|
Total income available |
2,400,000 |
|
|
|
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Total Project Capital Cost |
2,400,000 |
|
Total Available Construction Funding |
2,400,000 |
|
Project Funding Shortfall |
0 |
Financial Option Impacts | Life Cycle Costing
|
Estimated Ongoing Financial Impacts |
$ Excl GST |
|
Annual maintenance and operational costs |
$3,000 p.a. |
|
Depreciation costs |
$20,000 p.a. |
Legal /Policy
The tender process complied with the Local Government Act 1993 and Council procedures.
The new bridge will comply with National Heavy Vehicle Regulator (NHVR) heavy vehicle requirements.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The construction of Whipstick Bridge aligns with the Community Strategic Plan, Outcome 5: Connected Communities:
‘Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond ‘
The project is externally funded by the Australian Government.
Environment and Climate Change
A Review of Environmental Factors (REF) to comply with Section 5 of NSW Environmental Planning and Assessment Act 1979 has been carried out.
The Contractor is also required to produce an Environmental Management Plan meeting the requirements of the REF, which will be monitored by Council and project staff.
Economic
Whipstick Bridge is located is on Mount Darragh Road; a vital service, transport and emergency access route linking the Princes Highway and coastal localities of Eden and Pambula to Bombala and Cooma districts and inland beyond via the Monaro and Snowy Mountains Highways.
Risk
Given the economic and social impacts of significantly reduced road and load capacity occurring in the short term, plus the increasing possibility of failure, and the necessity to completely close the existing bridge if major failure occurred to enable replacement, the risk of not replacing the Whipstick Bridge in a planned manner is deemed unacceptable.
Social / Cultural
Whipstick Bridge is on the main community and emergency road access for the Wyndham district communities. Given the impact of the 2019/2020 Black Summer Bushfires, the timing of this bridge project will be a strategic boost for the local morale and economy of the Wyndham community.
Attachments
1. Confidential memorandum to Councillors regarding Evaulation of Tender RFT 2021-87 Whipstick Bridge Construction (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.
Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.
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Council 16 June 2021 |
Item 11.2 |
This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee.
Director Assets and Operations
That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 5 May 2021 to be tabled at the 16 June 2021 Council meeting.
An application has been received to conduct a Community Ride between Bega and Tathra to celebrate NSW Bike Week on Sunday, 12 September 2021 (alternative date 10 October 2021) from 7.30am to 12pm. Commencing at Bega Cheese Heritage Centre then riding via Bega Cycleway Network to Bega-Tathra Road to Tathra Hotel.
That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 8.30am to 11.00am (rolling closures) on Sunday, 12 September (and alternate date 10 October) 2021 for the Bega-Tathra Community Ride.
That organisers of the Bega-Tathra Community Ride engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short term closures for access driveways and side roads onto Bega Tathra Road.
That the proposed traffic arrangements for the Bega-Tathra Community Ride on Sunday, 12 September (and alternate date 10 October) 2021 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Control Manual. Council is to be provided with amended Traffic Control Plans showing the current proposed dates, including alternate dates.
That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation and needs to be updated with correct dates and appropriate sign offs
That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW by name for the event.
That organisers have written Police approval prior to conducting the event.
That letters be sent to landowners seeking written approval for the closure of private gates.
That Police and Council review the Traffic Control Plan prior to the event being given final approval.
Road Occupancy Licence required as changed traffic conditions proposed on the Princes Highway.
That the event operates strictly under the NSW Health Department COVID19 conditions.
It was noted the Traffic Control Plans provided were out of date and for the wrong event date. The event organiser will be contacted and required to submit current plans with correct event dates.
A copy of the submission is attached.
Since his initial inspection, Council’s LTC representative has received correspondence from a number of the property owners, both local and absentee. They have expressed concerns regarding the possibility of losing all of the available on street parking for the use of the landowners as there is insufficient parking available on the properties for the number of residence vehicles. This was discussed at length at the recent LTC meeting by the members of the committee and has been decided to instigate “No Stopping” only on the northern side of Sandpiper Lane. It is felt this will alleviate the problems and concerns put forward by the original complainant, in particular the ability to safely leave and enter property driveways. The members of the committee believe this is something that can be monitored over the coming months and can be revisited if complaints continue. Therefore, the original recommendation has been amended to reflect the discussion and input by the property owners.
Sandpiper Lane Photos attached.
Councils Local Traffic Committee representative has been working with Scarlett’s Buses on locating a suitable site for the School Bus transfer of students attending the Candelo Primary School. A site was previously determined and has been used under a trial basis, with success. Unfortunately, a local grain transport company are using the site to park their trailer whilst not in use, refer to photo. As a consequence of this, a request has been received from Scarlett’s Buses for the installation of a School Bus Zone, with operating hours of 8.00 – 8.30am and 4.00 – 4.30pm, school days.
Council’s LTC representative has visited the site on 27 April 2021 and has provided photos that show the proposed site of the School Bus Zone. As can be seen in the image, there is sufficient room for the use of the site for the school bus interchange, the temporary location of garbage bin collection and an area where, if required, the local grain hauler can park their trailer.
That Council approve the installation of a timed School Bus Zone for the transfer of student on West Kameruka Road between the hours of 8.00am to 8.30am and 4.00pm to 4.30pm for a length of 30 metres commencing at the eastern edge of the access driveway to the old Kameruka Golf Course.
Timed Bus Zone Photos attached.
A late submission has been received on behalf of Bega Pony Club in relation to an intention to hold their annual Pony Club Camp Parade on Sunday, 11 July commencing at 9.00am for approximately 30 minutes.
The parade will commence at the Bega Show Ground travelling west along Upper Street, turning right onto Parker Street, left onto Carp Street and finishing at the bottom end of Auckland Street.
Bega Pony Club has been given the approval for the use of public land under the Single events and ceremonies certification on the 11 April 2017 that is valid for 5 years. The special condition states that the street parade be conducted as a Class 4 Special Event under the direct control and management of Police. The applicant is to obtain approval from the Police to conduct the class 4 event. A road occupancy licence from the RTA will be required for any classified main road.
That the proposed traffic arrangements involving the temporary closure of Upper Street, Parker Street, Carp Street and Auckland Street, Bega for The Bega Pony Club Parade to be held on Sunday, 11 July 2021, be deemed a Class 4 special event and it be conducted under the direct control of the NSW Police.
That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation.
That organisers fully implement an approved Special Event Transport Management Plan.
That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and Transport for NSW by name for the event.
That organisers have written NSW Police approval prior to conducting the event.
That the organisers maintain the roads cleanliness as they were prior to this event ie: clean up any horse manure.
Approval subject to current Traffic Control Plan (TCP).
That the event operates strictly under the NSW Health Department COVID19 conditions.
A copy of submission is attached
Executive Summary
The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council. Local Traffic Committees operate under delegation from NSW Roads and Maritime Services (RMS) who are responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.
It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.
1⇩. Attachment - NSW Bike Week Community Ride Traffic - Submission
2⇩. Attachment - Sandpiper Lane – Installation of a “No Stopping Zone”
3⇩. Attachment - Timed Bus Zone West Kameruka Road, Candelo photos
4⇩. Attachment - Bega Pony Club - Submission
|
Council |
16 June 2021 |
|
Item 11.2 - Attachment 1 |
Attachment - NSW Bike Week Community Ride Traffic - Submission |
|
16 June 2021 |
|
|
Item 11.2 - Attachment 2 |
Attachment - Sandpiper Lane – Installation of a “No Stopping Zone” |
|
16 June 2021 |
|
|
Item 11.2 - Attachment 3 |
Attachment - Timed Bus Zone West Kameruka Road, Candelo photos |
|
Item 11.3 |
11.3. Tathra Taylors Square Public Amenities Concept Plan
This report has been prepared to inform Council of proposed upgrades to the public amenities building at Taylors Square Tathra to include high needs accessible change facilities and proposes a final concept plan for Council endorsement which will be used to support future grant funding applications.
A Project Advisory Group (PAG) has been formed and that group has been consulted in developing the concept plan.
Director Assets and Operations
1. That Council receive and note the information in the report.
2. That Council endorse in principle the concept design for the new Taylors Square Tathra public amenities building.
3. That Council delegate authority to the General Manager, to endorse amendments to the design to deliver best outcomes in balancing user needs, building function and the project budget.
Executive Summary
The BVSC 20/21 Operational Plan includes the following project:
1.2.1.2 Identify funding and/or other opportunities to deliver a specialised change facility such as ‘Changing Places’ for people with disabilities.
A ‘Changing Places’ or High Needs facilities are larger than standard accessible toilets with a height adjustable adult-sized change table, a tracking hoist and space for two people either side of a peninsula toilet. They provide facilities for people with complex disabilities and their carers that find standard accessible toilets do not meet their needs.
Background
The project was advocated for by Council’s Access and Inclusion Advisory Committee (AIAC) after identifying there was a clear gap in provision for this type of facility in the shire.
Discussions within the AIAC included what type of site was best suited for this type of facility. Consideration was given to surrounding accessible facilities and recreation opportunities, other amenities and activities nearby, generally high levels of use and popularity of the area, existing high service levels and high levels of passive surveillance. Considering these items it was identified that Taylors Square in Tathra aligned best, particularly due to the relationship with the Everyone Can Play inclusive playspace, Tathra Surf Club and beach, the high levels of use at the site, proximity to the Andy Poole Drive shops and the ageing condition of the existing asset.
A Project Advisory Group (PAG) was formed and consultation has been undertaken with that group in working toward the final concept design. The PAG includes representatives of community organisations with an interest in the area. They are Tathra Surf Club, Tathra Chamber of Commerce, Tathra Lions Club and the BVSC AIAC. The PAG representatives cover a range of community interests related to the project including accessibility, commerce and tourism, recreation, community service groups and general use of the site.
Options
A design consultant was engaged to prepare an existing site and facilities review report and develop concept options based on three scenarios being:
1. Minimum works to deliver a high needs change facility.
2. Renovation of existing facilities including addition of a high needs change facility.
3. Demolition, renewal and upgrade including the addition of a high needs change facility.
The design process included a review of contemporary public amenities design including recently completed facilities in the Shire at Bruce Steer Pool Bermagui and Pambula Beach as well as examples of other recently constructed public amenities in similar locations in other local government areas. The PAG was consulted on the three options reflecting the scenarios above. PAG feedback is included in the consultation section of the report below.
The main options available to Council moving forward are:
1. Endorse the attached final concept design enabling the project to progress through grant funding applications, planning approvals, detailed design and construction tendering. (recommended)
2. Endorse the attached final concept design, with any identified amendments to be made, enabling the project to progress through grant funding applications, planning approvals, detailed design and construction tendering.
3. Not endorse the final concept design, noting this will defer to project to be re prioritised in a future Operational Plan.
Community and Stakeholder Engagement
Engagement undertaken
A site information and design options concept presentation (attached for information) was distributed to the PAG. A meeting was held to give an opportunity to discuss and provide feedback. It is noted not all PAG members were able to attend; however, discussion points and outcomes (included below) were distributed to keep the group informed and enable further comments from group members.
The discussion points and outcomes summary from the PAG meeting distributed were:
Discussion Points Summary:
The relatively high cost of renovation compared to rebuild was noted against the advantages of starting fresh and not having to manage elements of an older asset moving forward.
Provision and number of facilities using recently completed Pambula Beach was discussed as an example in peak summer use. It was noted the ‘high needs change’ is a specialised facility and will be restricted access. (ie not available to all for general use)
Summary of feedback and outcomes:
The Knock-Down Rebuild option was the preference, but with some changes to be incorporated for a revised concept such as:
· Removal of the men’s urinal in favour of a unisex accessible toilet.
· Include small change bench and hooks in each cubical.
· Shower station on the north end (playground side) not necessary
· Bench seat on north side
· Shower stations and hooks/bench on South end
· Fold down Nappy change station over change-bench seat in accessible/Family rooms
· Outlets for sewer/water to allow for temporary/mobile amenities blocks during special events to be connected
Discussion re including renovation items for refurbishment to boat sheds for a wholistic view of the building complex including:
· New gutters and gutter guards
· Re-spray roller doors to match surf club colours
· Bag bricks – to match adjacent surf club
Engagement planned
Whilst the draft building plan concept design is complete there will continue to be items to be resolved as the work progresses through planning approvals and detailed tender documents. The PAG will be kept informed of progress at key stages (funding confirmation, planning approvals, detail design, tendering and procurement and construction programming) and further consultation and group meetings will be held as required (e.g. if there is a need to review the scope withing the endorsed concept plan and funding amount)
General project information will be issued to the broader community via BVSC communications at the following stages:
· Concept endorsement
· Funding confirmation
· Construction programming
Financial and Resource Considerations
The funding for the concept design is allocated withing the 20/21 Public Amenities capital renewal budget. The attached concept plan includes consultants cost estimate based on ‘Rawlinsons’ construction industry cost guides. These are high level costings including further details design and planning, project management, regional area contingencies and general contingencies. It is noted that High Needs change areas are specialised facilities and are a high cost item in themselves. Final project cost will not be confirmed until market tendering.
|
Item |
$ Excl GST |
|
Expenditure Detail |
|
|
Project Concept Design |
$4,000 |
|
Project Delivery (Detail design, planning, project construction) |
$520,000 |
|
|
|
|
Total Expenditure |
$524,000 |
|
|
|
|
Source of Funds |
|
|
<approved budget|revenue funded> 20/21 FY |
$4,000 |
|
Grant income (to be confirmed subject to successful funding application) |
$0 |
|
|
|
|
Total Project Capital Cost |
$524,000 |
|
Total Available Construction Funding |
$4,000 |
|
Project Funding Shortfall (project progression is dependent on external grant funding) |
$520,000 |
Financial Option Impacts | Life Cycle Costing
|
Ongoing Financial Impacts |
$ Excl GST |
|||||||||||||||
|
Capital Investment | Upgrade |
$524,000 |
|||||||||||||||
|
Annual maintenance and operational costs |
$25,000 (noting there is already costs at the site) |
|||||||||||||||
|
Depreciation costs
|
$10,750 |
|||||||||||||||
|
User charges (annual income) |
$0 |
Legal /Policy
Property Description: Tathra Taylors Square is Lot: 272 DP: 821413 and is Council Managed Crown Land (BVSC Managed Crown Reserve # 79310 - TFR -Taylor Square- Joe Caddey Park). It is zoned RE1-Public Recreation under Council’s Local Environment Plan 2013 (CLEP 2013).
Planning and Approvals: The works on the Tathra Taylors Square site reflect the long-term use of the site are permitted within the RE1 zoning. Planning approvals regarding development of recreation facilities are often addressed under Division 12, Parks and other Public Reserves of State Environmental Planning Policy (Infrastructure) (ISEPP 2007). The upgrade if the amenities building is regarded as a development permitted without consent under the ISEPP 2007.
Native Title: Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding the proposed construction of a new amenities building as it may affect Native Title interests in the reserve. When exercising powers provided by the transitional arrangements under the Crown Land Management Act 2016 (CLM Act), Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that the proposed activity complies with the Native Title Act 1993 (Cth). Similar notifications have been issued for projects within this this reserve with no comments received.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Community Strategic Plan Goals related to the Tathra Taylors Square Pavilion Building Project are:
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.
1.2.1: Plan and manage boating infrastructure, sporting grounds and facilities, parks and gardens, natural areas and public amenities
1.2.4: Construct recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.
Goal 3 Our Economy is prosperous, diverse and supported by innovative and creative business.
2.3.3: Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community
Goal 12: Our Council is financially sustainable, and services and facilities meet community need.
6.12.19: Deliver civil construction and infrastructure works for transport and recreation assets
2020/21 Operational Plan
Project 1.2.1.2 Identify funding and/or other opportunities to deliver a specialised change facility such as ‘Changing Places’ for people with disabilities.
The project aligns with Councils adopted Disability Action and Inclusion Plan.
Environment and Climate Change
The building site presents no ecological or biodiversity issues as it is located within the footprint of the existing pavilion and amenities buildings.
The site is located within the 2100 Coastal Erosion Hazard Buffer. There is little option to reposition the facility outside the buffer whilst still providing easily accessible services to the surrounding facilities and beach front users.
Asset Management
Bega Valley Shire Council is committed to an asset management approach. The challenge in delivering asset renewals across the range and volume of assets in the Shire is known to Council and referred to in asset management plans.
Council has an adopted Recreation Asset Management Plan 2017 (RAMP). This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.
The upgraded amenities building will replace the existing asset on the same building footprint.
Economic
The project links directly to the ‘accessible and inclusive tourism markets’ and will link well with other inclusive recreation assets and facilities nearby, in particular the inclusive playspace.
Risk
The key project risks at this stage relate to:
Sourcing external funding: The project aligns well with grant program criteria related to accessibility & inclusive communities, improved recreation facilities and tourism.
Escalation in construction costs: Escalation rates will be applied to cost estimates included in grant funding applications to reflect the expected timing of construction tendering.
Whilst a detailed preliminary project costing has been received, the actual cost will not be known until the Request for Tender (RFT) process for construction has run its course. If the outcome of the RFT process exceeds the budget the project may require value engineering (VE) by removing or reducing some elements from the project to deliver within budget. If need be these items will be worked through with the PAG and authorised by the General Manager (as per the staff recommendation).
Managing expectations (‘scope’ and ‘specification’ creep in detail design): The concept costing is based option 4 facilities provision and layout. The PAG will be informed of progress through the detail design stages, noting the need to manage the relationship between cost and detail specifications.
Available Project Management resources to deliver projects. Council is continuing to work to manage and balance its project delivery workforce against forward projects and planned works programs.
Social / Cultural
There is no doubt that recreation is an important part of life in regional areas. It provides opportunities for health and wellbeing and also much enjoyed social interaction for many in the community.
With the upgrade to the playspace completed in 2019, providing suitable public amenities is an important next step in provision of inclusive facilities. The renewed and upgraded facilities will provide a vastly improved amenity for the local community and visitors and hence provide for increased participation in recreational activities in the area, particularly for those that require specialised high needs accessible facilities.
Attachments
1⇩. Attachment - Taylors Square options - Project Advisory Group presentation
2⇩. Attachment- Taylors Square amenities option 4 rebuild V2
|
Council |
16 June 2021 |
|
Item 11.3 - Attachment 1 |
Attachment - Taylors Square options - Project Advisory Group presentation |
|
16 June 2021 |
|
|
Item 11.3 - Attachment 2 |
Attachment- Taylors Square amenities option 4 rebuild V2 |
|
Council 16 June 2021 |
Item 11.4 |
11.4. Bega Sporting Complex Sports Building Concept Plan
This report provides an update on the progress to the Bega Sports Building project and proposes a final concept plan for Council endorsement to enable the project to progress through planning approvals, detailed design, procurement and construction.
Director Assets and Operations
1. That Council receive and note the information in the report.
2. That Council endorse the concept design for the new Bega Sporting Complex Sports Building tabled at the meeting.
3. That Council delegate authority to the General Manager, to endorse amendments to the design as recommended by the Project Control Group to deliver best outcomes in balancing user needs, building function and the project budget.
Executive Summary
To progress the delivery of the new sports building at Bega Sporting Complex, funded through the NSW Office of Sport Election Commitments Program, the Project Control Group (PCG) and Council officers are seeking endorsement from Council for the final concept design for the building.
Engagement and consultation have been undertaken with the PCG in working toward the final concept design. This report outlines the consultation process and how it has resulted in broad support for the final concept design.
Background
A report was presented to the Ordinary Council meeting of 26 August 2020 titled “11.6 Bega Sporting Complex Project”. The report provided an update on the Bega Sporting Complex Project and clarified the next steps in the project. Council resolved:
1. That Council note its previous resolutions relating to the Bega Sporting Complex and the 77-79 Auckland Street site.
2. That Council endorse option two outlined in this report as the basis for further planning and design which is to demolish the existing indoor facility and replace it with a new facility in the same proximity between George Griffin Oval and the Bega Recreation Ground which supports integration of multi-use facilities.
3. That Council reconfirm its support for the Project Control Group Model and terms of reference to support progress of the project noting there will be opportunity for broader stakeholder input at appropriate times.
Funding of $8.5m is available through the NSW Office of Sport Election Commitments Program to deliver projects identified in the adopted Bega Sporting Complex and Valley Fields Master Plan. A new sports building at the Bega Sporting Complex site is the major element within the adopted Master Plan.
Provision of a new sports building will be a valuable asset to the local community. It will provide much needed and long-awaited facilities to users of George Griffin Oval and will replace the aging existing indoor stadium and Bega Rec ground pavilion building and change rooms. Both buildings do not meet current design standards and have issues with adequate facility provision particularly in regard to mixed gender use and accessibility and are generally below an acceptable standard, particularly as the site is considered a regional facility within Council’s adopted Recreation Asset Management Plan 2017.
Council staff have been working with the Bega Sporting Complex PCG and confirmed the process and reference included in the Council report to be included in the Request For Tender (RFT) for Design Services for the project. That information included reference to related documents and previous work on the project. The RFT for design and procurement process was reported to Council on 16 December 2020 and the successful consultants N2SH architects were engaged in January 2021 to begin work on the project.
Design options, and revisions of those have been developed and developed and refined with input from the PCG and other project stakeholders over the past three months resulting in the attached final draft concept plan. The attached concept design has broad support from the PCG.
The existing stadium, pavilion and change rooms will be demolished to make way for the new building.
A final draft plan will be tabled at the 16 June 2021 Council meeting for consideration of endorsement by Council.
Options
The main options available to Council are:
1. Endorse the final concept design tabled enabling the project to progress through planning approvals, detailed design and construction tendering.
2. Endorse the final concept design, with any identified amendments to be made, enabling the project to progress through planning approvals, detailed design and construction tendering.
3. Not endorse the final concept design, noting this will impact on the project delivery and may affect external funding.
Community and Stakeholder Engagement
Consultation was an important aspect in the development of the Master Plans for the Bega Valley Regional Sporting Facilities, (Pambula and Bega). This consultation included extensive community engagement with groups and stakeholders, covered varied interests and demographics and acknowledged the benefit and value of multi-purpose facilities which can offer a wide range of uses and participation opportunities; from local matches to large scale regional events.
Regarding the development of the Bega Sports Building Concept Plan meetings have been held with the Project Control Group. The PCG includes representatives of the main user groups and site committee, Councillors, BVSC Access and Inclusion Committee and the NSW Office of Sport. There have been four meetings since March 2021 to request input and feedback to guide the development of a concept plan for the Bega Sports Building. Multiple email distributions have also gone out to the group. Other stakeholders have also been keep informed of the process and been invited to provide input.
Four design options have been developed with multiple
versions of those plans. This has formed the basis for more direct
consultation on specifics, facilities and layout of the building. The final
draft concept was presented at a Councillor workshop on Wednesday 9 June 2021.
The attached final concept plan achieves a balance between user needs,
provision and multi-functional aspects required of a building that can service
multiple user groups and community events. The attached plan has been endorsed
by the PCG.
Whilst the building concept plan is complete there will continue to be items to be worked through and resolved as the work progresses through planning approvals and detailed tender documentation. Different elements within the build will need to consider and balance function, appearance, engineering, build efficiency, cost, approval requirements and ongoing maintenance. It is planned for the regular PCG meetings to continue through the project design and delivery stages until completion. The PCG will provide feedback as design progresses and make recommendations for amendments if required. (As per Officers Recommendation 3).
Council will continue to collaborate with the NSW Office of Sport, particularly in providing a project ‘stage gate’ report to define the deliverables and milestones under the funding agreement; now the scope of the major element of the project (being the sports building) has an endorsed and costed concept plan.
Financial and Resource Considerations
The Bega Sporting Complex Master Plan is funded by the NSW Government under the NSW Office of Sport Election Commitments Program. The total funding for the project is $8.5m. The focus of this report is the Sports Building which is the major element in the project. Opinion of costs provided by the design consultant for delivery of the building is being finalised at the time of preparation of this report which will be tabled at the meeting if received.
Remaining funding will be prioritised for spending on other items in the Bega Sporting Complex Master such as, vehicle and pedestrian access, parking, pathways, floodlighting, fencing and landscaping. These will be prioritised by the PCG and included in the Project Stage Gate report to the NSW Office of Sport to prioritise deliverables under the funding.
The project involves asset renewals with the replacement of existing facilities. Ongoing servicing costs will be offset however increased provision of facilities will require additional servicing. The improved multi use facilities will enable greater use of the site (and revenue generation) through sporting, community and commercial events. which are intended to be offset by increased use and user fees possible by more adaptable and usable space.
It is intended that Council will advertise for expressions of interest for long term tenure to lease and operate the building.
|
Item |
$ Excl GST |
|
Source of Funds |
|
|
Office of Sport Funding |
8,500,000.00 |
|
BVSC Project Development / Master Planning |
70,000.00 |
|
Total income available |
8,570,000.00 |
|
|
|
|
Expenditure Detail |
|
|
Project Preliminaries / Site Establishment |
142,857.14 |
|
Grossed Up Capital Construction |
7,000,000.00 |
|
Contingencies |
784,285.71 |
|
Administration Costs: Professional Services. Design Development and Approvals; Project Management |
642,857.15 |
|
Total Expenditure |
8,570,000.00 |
|
Total Project Capital Cost |
8,570,000.00 |
|
Total Available Construction Funding |
8,570,000.00 |
Financial Option Impacts | Life Cycle Costing
|
Ongoing Financial Impacts |
$ Excl GST |
||||||||||||||||||
|
Capital Investment | Upgrade |
$8.57m |
||||||||||||||||||
|
Annual maintenance and operational costs |
$201K |
||||||||||||||||||
|
Depreciation costs pa.
|
$168k |
||||||||||||||||||
|
User charges* |
$203k |
(*costings / income related to Bega Sports Building used in Sports Infrastructure Grant Application)
Legal /Policy
Property Description: The site of the Bega Sports Building project occupies several parcels of land.
· Council Owned Community Land - Bega Indoor Sports Stadium / Rec. 2 SPN: 721 Lot: 13 Sec: 33 DP: 758076 – (Location of main Sports Building)
· BVSC Managed Crown Reserve # 580074 - Bega Recreation Ground - Lot: 701 DP: 94051 (Bega Rec Ground access and entrances)
· BVSC Managed Crown Reserve # 580074 - Bega Rec / Tennis Courts (Site entry & building carpark)
· BVSC Managed Crown Reserve # 32165 - Bega Rec Driveway (Site entry)
The whole site is zoned RE1-Public Recreation under Council’s Local Environment Plan 2013 (CLEP 2013). The works on the Bega Sporting Complex site reflect the long-term use of the site are permitted within the RE1 zoning.
Planning approvals regarding development of recreation facilities can often be addressed under Division 12, Parks and other Public Reserves of State Environmental Planning Policy (Infrastructure) (ISEPP 2007). However, in this instance, due to the value of the project being over $5m and is 1. council related and 2. community facilities the project will be assessed by the Southern Regional Planning Panel.
Under Native Title the site is Crown Land and includes construction of public works and Council is required to notify and give the opportunity to comment to the South Coast People under Sections 24JB (6) of the Native Title Act 1993. In this regard notification was given on 6 August 2020 and the notification period expired on 3 September 2020. No comments were received.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Community Strategic Plan Goals related to the Bega Sporting Complex Sports Building Project are:
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.
1.2.1: Plan and manage boating infrastructure, sporting grounds and facilities, parks and gardens, natural areas and public amenities
1.2.4: Construct recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.
Goal 3 Our Economy is prosperous, diverse and supported by innovative and creative business.
2.3.3: Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community
Goal 12: Our Council is financially sustainable, and services and facilities meet community need.
6.12.19: Deliver civil construction and infrastructure works for transport and recreation assets
2020/21 Operational Plan
1.2.4.2 Progress with detailed planning and approvals for the sports infrastructure projects at the Bega and Pambula Sporting Complexes
Taking a strategic approach and having Council adopted Master Plans were an important part in attaining the significant external funding. The master planning process identified some clear provision gaps between existing assets and community needs and expectations. It also identified several opportunities for improved use principally through a multi-purpose approach to facilities.
Asset Management
Bega Valley Shire Council is committed to an asset management approach. The challenge in delivering asset renewals across the range and volume of assets in the Shire is known to Council and referred to in asset management plans.
Council has an adopted Recreation Asset Management Plan 2017 (RAMP). This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. The adopted Pambula Sporting Complex Masterplan includes elements and improvements linking to the renewal of existing assets.
The new Bega Sports Building will replace two existing buildings on the site being the existing Bega Indoor Stadium and the Bega Rec Ground Clubhouse and Change Rooms. It will also fill a long-standing gap in provision of change rooms and facilities servicing George Griffin Oval.
Environment and Climate Change
The building site presents no ecological or biodiversity issues as it is located within vicinity of the existing indoor stadium, pavilion and amenities buildings.
Changes regarding energy and water use will be positive as the new building and amenities will replace two existing separate facilities and include more modern energy efficient lighting and water saving amenities.
A significant environmental consideration for the Bega Sporting Complex Upgrade is location with respect to flood prone land. This will continue to be considered through the design development and approvals process. Careful consideration of finished levels, and construction methods and materials will mitigate potential impact to acceptable levels of risk.
There will be further opportunities through the design process to look at energy efficient options in the ongoing operations of the building.
Options will be considered to best recycle or reuse elements of the existing building when planning demolition.
Economic
Development and progressing the Sporting Complex Master Plans will increase tourism opportunities for the Bega Valley by increasing the ability to host regional sporting, community and cultural events. Events hosted at the Regional Sporting sites will stimulate economic benefit for the local community through visitor spend and stays.
Hosting of sporting events such as regional tournaments, state championships, pre-season competitions, demonstration games, training and development camps have flow on economic benefits to the community through hospitality and accommodation industries and return tourism to the region.
Risk
Project risk identification has been included in project briefs submitted to the NSW Office of Sport. They were included in the Council report of 8 April 2020.
The main risks for Council are delivering the concept design and associated works within budget and within the project time frames.
Whilst a preliminary project costing has been received through the design consultant, the actual cost will not be known until the Request for Tender (RFT) process for construction has run its course. If the outcome of the RFT process exceeds the budget the project may require value engineering (VE) by removing or reducing some elements from the project and or revising fitout and finishes to deliver within budget. If need be these items will be worked through with the PCG and authorised by the General Manager (as per staff recommendation item 3).
As discussed above, due to the value of the project, the approval pathway is through the Southern Regional Planning Panel. This process generally takes longer that a typical Develop Application and Assessment Process and there is a risk it will affect the delivery timeframe. Noting the comparable long-term use of the site, direct relevance to the community land classification as Sports Ground (BVSC Generic Plan of Management 2010), compliance with RE1 zoning purpose and the broad community support, it is considered low risk that approval will not be given. To keep the project progressing during the development assessment phase detail design documentation for tender will progress with the intention being to go to tender as soon as the planning approval is provided. Staff are also looking into options to progress with demolition and site preparation (earthworks) as a separate element if it is possible to manage the risk of project delays post decommissioning of the existing building.
A project program will be included with the Project Stage Gate Report to be provided to the NSW Office of Sport.
Social / Cultural
There is no doubt that sport is an important part of life in regional areas. It provides opportunities for health and wellbeing and also much enjoyed social interaction for many in the community.
The new Bega Sports Building will provide vastly improved facilities for the local community and visitors and hence provide for increased participation in recreational activities at the site. The improved facilities will encourage and provide for growing mixed gender participation in sport locally and the region and the improved multipurpose / club room spaces will give the various clubs a focal point for club and social activities.
The proposed redevelopments will considerably enhance the facilities enabling increased utilisation by sporting and community groups. The key opportunity is in taking a ‘multiple-use’ approach to see all grounds and facilities well used for a wide range of uses. While there is no doubt local clubs and current sporting codes are key user groups; the implementation will also see opportunities for other stakeholders and partners to become involved and benefit from the project.
Attachments
Nil
|
Council 16 June 2021 |
Item 11.5 |
11.5. Lease to Merimbula Tennis Club
Council approval is sought to offer Merimbula Tennis Club Incorporated further tenure of five (5) years for their continued occupation of Lot 90 DP 234142 at 1 Kalinda Street, Merimbula.
Director Assets and Operations
1. That Council receive and note the report.
2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Merimbula Tennis Club Incorporated for their continued occupation of Lot 90 DP 234142 at 1 Kalinda Street, Merimbula, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.
3. That Merimbula Tennis Club Incorporated be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.
Executive Summary
The current lease agreement for Merimbula Tennis Club Incorporated (MTCI) to occupy Lot 90 DP 234142 at 1 Kalinda Street, Merimbula expired on 31 May 2021. Council approval is being sought to enter into a new lease agreement with MTCI for a further five (5) year term.
Background
Council resolved at its Ordinary Meeting of 13 February 1990, when considering tenure to MTCI over Lot 90 DP 234142 at 1 Kalinda Street, Merimbula, as follows:
1. That Council approve of a lease of the public reserve on which the Merimbula Tennis Club is situated for a twenty-year period at a rental of $250.00 per annum, adjusted annually in accordance with the consumer price index.
2. That Council authorise a submission to the Minister for Local Government.
Following the Resolution of Council, a twenty (20) year lease was entered into with MTCI which expired on 12 February 2010. Following expiry of the initial lease a public notification process was undertaken prior to issuing further tenure by way of a five (5) year lease with an option for a further five (5) year term which expired on 31 May 2021.
The Club house, tennis courts and improvements upon the property were built by MTCI and although these fixed improvements vest in Council upon expiry of the lease (subject to removal of the MTCI property), MTCI has an equitable interest in those improvements whist remaining as lessee and extend to full and free use of those improvements. MTCI have taken responsibility for all maintenance and capital improvements to the buildings and assets on the land which is why the market rental assessment has been based on a land only value.
It is also noted that there is a Council owned sewerage pump station located at the rear of Lot 90 DP 234142 and MTCI provide access for Council staff over the existing access road for maintenance purposes as and when required. The expired lease also provides Council the ability to register at any time during the term of the lease an easement over Lot 90 DP 234142 to benefit Council for access to the infrastructure.
Options
The two primary options available to Council are:
1. Approve a further five (5) year lease to MTCI for their continued occupation of Lot 90 DP 234142 at 1 Kalinda Street, Merimbula for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.
2. Carry out an Expression of Interest (EOI) process before issuing further tenure to MTCI and present the results of the EOI process back to Council. Noting MTCI interests in the building, tennis courts and improvements on the land.
Community and Stakeholder Engagement
Engagement undertaken
Council officers have discussed the proposed extension of tenure with representatives from MTCI who have indicated they would like an extension of the current tenure over Lot 90 DP 234142 at 1 Kalinda Street, Merimbula.
Engagement planned
Council officers intend to issue five (5) years tenure, therefore in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant a lease, in respect of community land for a period of 5 years of less, it must:
· Give public notice of the proposal (including on the council’s website), and;
· Exhibit notice of the proposal on the land to which the proposal relates;
· Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and;
· Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.
Financial and Resource Considerations
The last market rental valuation commissioned by Council was in March 2016 which indicated a rental figure in the order of $7,500 per annum. At this time the MTCI submitted an application for rental rebate, in line with Council’s Rental Assessment and Rebate Procedure which was evaluated using the matrix contained in the procedure and the rental rebate achieved was 90%. The current annual rental payable by MTCI taking into consideration the 90% rebate and CPI increases each year is $ 892.97.
An updated market rental valuation is currently being obtained by Council officers and MTCI are in the process of completing a new rental rebate application for assessment under Council’s current Rental Assessment and Rebate Procedure to determine a rental figure prior to entering into any new tenure arrangement.
Liaison with external legal representatives will be required to arrange the new lease documentation and ongoing management of the lease during the term will also require Council officer resources.
Legal /Policy
Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.
It is noted that section 46A(3) of the LG Act provides that a lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation. As MTCI are not currently registered as a non-profit organisation the maximum tenure that can be provided without the need of running a full tender process is 5 years.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
A Plan of Management for Lot 90 DP 234142 at 1 Kalinda Street, Merimbula dated 2009 categorises the land as sportsground under the LG Act and authorises the leasing for tennis facility purposes.
Environment and Climate Change
There is no environment and climate change matters associated with the proposed lease extension. It is noted the site has been extensively modified. The court surrounds have been planted with grass with some exotic landscape plantings.
Economic
The lease agreement to MTCI provide an economic benefit to Council and the community.
Risk
There are no adverse risks in allowing the property to be occupied by MTCI if their use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.
Social / Cultural
The core objectives for land categorised as sportsground are to encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games and to ensure that such activities are managed having regard to any adverse impact on nearby residences. MTCI have successfully operated from the site for many years and support the core objectives for the land to the benefit of the community.
Attachments
Nil
|
Council 16 June 2021 |
Item 11.6 |
11.6. Quaama Memorial Park Master Plan and Playground Upgrade
This report is to provide an update on the progress of the developments at Memorial Park, Quaama and to seek endorsement of the Draft Master Plan and Draft Playground Plan prepared for this parkland area.
Director Assets and Operations
1. That Council receive and note the information in the report.
2. That Council endorse the Master Plan and The Playground Plan for Memorial Park, Quaama.
3. That Council delegate authority to the General Manager to procure items of play equipment and park furniture specified by the landscape architect.
4. That Council delegate authority to the General Manager, if required, to review and revise this Master Plan for any minor amendments arising during the delivery of this plan
Executive Summary
Memorial Park, Quaama is due for an upgrade to its playground and recreational areas. This has been supported by funding received by the NSW Government Stronger Country Community Fund (SCCF R3) for the playground upgrade.
To assist with delivering of the proposed and future developments Council staff have coordinated the preparation of a Master Plan for the site to capture separate elements of this recreational space to plan for a cohesive and workable space into the future.
A small informal stakeholder group of locals who were involved in an initial Community Project Proposal have been consulted during the development of the Master Plan in consultation with a landscape architectural firm who have undertaken the design work. A survey was distributed among Quaama locals to gauge support for the upgrade and identify specific needs, the survey received 49 responses. A larger group of Quaama residents and a representative of Council’s Access and Inclusion Advisory Committee were invited to provide feedback on the draft plans prior to finalisation of these documents.
Stronger Country Community funding received is specifically for an upgrade to the playground and some associated improvements to access and amenity of the park, but the decision was made to produce a master plan for the entire park precinct to assist Quaama residents with future grant applications and community led projects. Council endorsement of this document will assist Quaama residents to achieve their ambitions for the space.
Background
In August 2019 a community project proposal was submitted to council proposing an upgrade to the playground equipment and the construction of a wood fired pizza oven. The council resolution was “that the proposal for a community oven and additions to playground equipment at the Quaama Memorial Park be provided in principle support, subject to risk management consideration and play equipment to suit local level scale.”
In late September 2019 BVSC submitted a grant application for the Stronger Country Community Round 3 (SCCFR3).
After the bushfires in early 2020 Jeavons Landscape Architects offered an 85% discount to produce a master plan for the park, as a donation to the community, essentially doing most of the work pro bono. During this period, council staff and several community members participated in several zoom meetings and one face to face site meeting as Covid restrictions eased to develop a master plan for the entire park.
In December 2020, Council received the funding deed for the NSW Stronger Country Communities Fund, Round 3 (SCCF R3). This funding round included an amount of $90,000 through SCCF R3 to upgrade the playground and some associated infrastructure and improve accessibility. Bega Valley Shire Council (BVSC) contribution for this project is $20,000.
While SCCF and council funding will fund the upgrade of the play equipment and some associated facility upgrades the prospect of having a master plan for the whole park precinct was keenly embraced. The plan will allow a seamless integration of the grant funded project works with community projects and assist the community with fundraising for future additions to the park such as a proposed terraced area to allow market stalls.
The purpose of bringing this report to Council is so that Council can:
1. Endorse, in principal, the playground upgrade works shown on the plan as “Playground Stage 1”, so that the project works currently funded by SCCF Round 3 can proceed to the construction phase.
2. Endorse, in principal the Landscape Master Plan for the entire park to give the community direction for future fundraising and community projects to enhance the community space and council to proceed with installation of road crossing and footpath works if funding is sourced.
3. Endorse the single source purchase of selected playground pieces as per the Landscape Architect recommendations.
Options
Council has the option to endorse the attached Playground Stage 1, Landscape Master Plan and single source procurement of play items and park furniture, enabling the project to proceed to detailed design and construction procurement.
Council do not endorse the attached Playground Stage 1 Landscape Master Plan and single source procurement of play items noting that this will impact on the project program, which will defer further works on the project and impact on delivery of the SCC R3 project.
Community and Stakeholder Engagement
The project was initiated by a Community Project Proposal in August 2019 but progressed to become a council led project. Some of the initial instigators of the project are still involved in the consultation process.
Engagement undertaken
Prior to the 2019/2020 summer bushfires a small group of locals in consultation with Council staff conducted a community survey to gauge the Quaama residents’ interest and ideas for the project. The survey was sent via the local email network and received 49 responses.
The small group who instigated this project were involved as a stakeholder group who consulted with the Landscape Architect on several occasions and attended a site meeting during the development of the concept plan.
More recently this group disbanded as several key members left the district post the 2020/21 bushfires. An email was sent to Quaama residents in March 2021 seeking interested parties to provide feedback prior to finalising the concept plans. This resulted in a group of 17 people being given the opportunity to look over the plans and provide feedback. Very little feedback was received from this process and that received was positive or minor in nature.
A Review of Environmental Factors (REF) has been undertaken for the site as well as a Native Title and Aboriginal Land Claim process. During this process Merrimans LALC was contacted and one member of the LALC has requested to be notified prior to excavation occurring.
A representative of Council’s Access and Inclusion Consultative Committee has been involved in the consultation process and has been invited to examine the plans and provide feedback. The feedback received from this consultation was supportive of the project plan.
Engagement planned
Once the plans have been endorsed by Council and finalised, and prior to construction the plans will be put on the Council website, social media and media release. The editor of The Triangle publication which services Quaama Cobargo and Bermagui has been involved in the consultation and will publish a story on the project.
Financial and Resource Considerations
The playground upgrade and accompanying improvements shown in the Playground Stage 1 plan have been funded by State Government Stronger Country Community Round 3 funding with a Council co-contribution. Other works shown on the Master Plan have not been funded. To date cost estimates have informed the project budget (including SCC R3 grant funding amounts) Actual costs of the works included in ‘Playground Stage 1’ will not be confirmed until the Request for Quote (RFQ) process is complete.
In October 2020 Merimbula/ Pambula Lions Club have applied for a Lions International grant which if successful will fund the new BBQ shelter shown on the plan along with the seating and concrete associated with the shelter. If successful, this could free up a portion of the SCCF funding that could be applied to the other facilities such as increasing rubber softfall quantities or further delivery of accessible pathways, but this contribution is not essential to the successful delivery of the project.
The master plan shows two road crossing points with blisters and wombat crossing to link the school footpath to a safe crossing point between the park and the public toilets. This work is subject to a separate grant funding application submitted by BVSC Transport Assets section.
A nursery in Melbourne has kindly offered the donation of 12 semi established trees to compliment the project to assist with post fire recovery. The planting of these trees is complimentary to the project but will be funded by maintenance funding as it will be replacement of trees that are fire damaged beyond recovery.
|
Source of Funds |
|
|
SCCF Round 3 |
$90,000 |
|
Council co-contribution |
$20,000 |
|
Total income available |
$110,000 |
Legal /Policy
Memorial Park in Quaama is BVSC managed Crown Land and is zoned RE1 public recreation. The site consists of three parcels with the accessible parking to occur on adjacent road reserve. The proposed accessible parking has been approved by the Local Traffic Committee (LTC) and Council at the 31 March 2021 meeting.
The works on the site reflect the long-term use of the site are permitted within the RE1 zoning. Planning approvals regarding development of recreation facilities are often addressed under Division 12, Parks and other Public Reserves of State Environmental Planning Policy (Infrastructure) (ISEPP 2007). Some of the works can be considered as Exempt development, including the picnic shelter, play equipment, seats and bins. However, other described works including accessible pathway and landscaping which would include the levelling of land for potential future markets and accessible parking spaces would be considered Permitted Without Consent. Given that the latter items are considered Development Permitted Without Consent, an REF under Part 5 of the Environmental Planning and Assessment Act 1979 (EP & A act) has been undertaken to consider the potential environmental impacts associated with those works. This covers current funded works and future works some of which may be undertaken by the community.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Relevant Delivery Program 2017 – 2021 goals are:
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.
Goal 12: Our Council is financially sustainable, and services and facilities meet community need.
2020/21 Operational Plan
The project to deliver upgraded facilities for Quaama memorial Park site is included in the adopted 2020/21 operational plan.
The Operational Plan states that we will “deliver successful 2020 - 21 grant projects for sporting facilities, coastal accessibility, playground and boating infrastructure”.
Asset Management
Council has an adopted Recreation Asset Management Plan 2017 (RAMP). This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. The Master Plan includes elements and improvements linking to existing asset renewals. In the current RAMP the recreational area is classified as a local level precinct.
Environment and Climate Change
There is no risk to ecological matters as the site is a parkland with limited extant native vegetation.
Approximately 12 trees have been earmarked for removal due to their poor health after prolonged drought and fire. New trees will be planted to improve the shade and amenity of the park with the species currently being determined. These trees will be varieties that can offer good shade, public safety and if possible low flammability.
Tree work is not within the scope of stage 1 of the funded project but will occur as council maintenance as a complimentary works alongside the project or as the work identified in the master plan eventually comes to fruition.
Economic
The developments included within the Playground and Master Plan will benefit local businesses, local tradespeople and the economy in general.
Enhancement of the site will encourage people in the district to use the park as a social hub and community members want to have local food vans using the site regularly. Increased patronage to the park will enhance the viability of the general store
Risk
The key risk to the project is managing the community expectation that the deliverables need to stay within the context of a small rural village and ‘local’ level facilities. This has been addressed extensively in discussions during the community consultation process.
There is also the risk that the outputs cannot be achieved within the project budget due to the extended lead time between the grant application and the receipt of the grant deed, and the current workload of available trades, both of which may see an increase in costs from previous costings. This risk will be reduced with the likely input of the Lions International funding or by finding cost savings or staging of works if required.
Social / Cultural
The Quaama Memorial Park is an asset that is highly valued by the community as a focal point of the town. Locals have expressed the importance of this space as a social meeting area and in the context of bushfire recovery this has an increased importance. The project objectives shown in the master plan would create some level areas to host small markets, occasional food van evenings and local entertainment events.
The facility has never been accessible for people with limited mobility and nearby Nardy House has expressed interest in the improved accessibility particularly to be able to utilise the parking, picnic and BBQ facilities along the accessible pathway
Attachments
1⇩. Final Landscape Master Plan
2⇩. Final Landscape Material Palette
3⇩. Playground Stage 1 Final Landscape Master Plan
|
Council 16 June 2021 |
Item 11.7 |
11.7. Request for Waiver of Public Land Use Fees - Twyford Hall Redevelopment - Monarch Building Solutions
Council has recently received a request for a fee waiver relating to Twyford Hall.
General Manager
That Council do not support the requested fee waivers
Executive Summary
Council has recently received a request for a fee waiver relating to upgrade works at Twyford Hall. Each time Council waives a fee it contributes to a reduction in income which in turn contributes to a decline in Councils financial position.
Background
As Council is aware, major upgrades are currently underway at Twyford Hall which were funded and are being managed independent of Council. Council has played a regulatory role in providing certain statutory approvals for the project.
Council has recently received a request for a fee waiver directly from the head contractor for the Twyford Hall for approvals fees. They have advised that these fees were not part of their original contract and would need to be borne by Twyford Hall Incorporated as a variation to their contract. The fee referred to is a use of public land fee for hoarding associated with the project at a cost of $1234.80 excluding GST.
Options
Council may choose to either waive all or part of the waivers requested or not make any fee concessions. The source of funding to cover the fee waivers would need to be identified.
Community and Stakeholder Engagement
There has been no community consultation on the content of this report other than to notify those who have made the request for the fee waiver that the requests will be presented to Council for consideration.
Engagement undertaken
Engagement planned
It is intended that those requesting the fee waiver will be informed of Councils decision once the report has been considered.
Financial and Resource Considerations
The fees charged are in line with Councils adopted fees and charges and contribute towards the cost of providing the respective services.
Council often gets community groups seeking a variety of concessions which are considered in line with Council’s adopted policy position. The more Council makes concessions the greater the expectation of consistency form other organisations.
There have been a number of grant programs that may have been suitable to contribute to the fees being requested to be waived.
Legal /Policy
Fees have been levied in accordance with Councils adopted fees and charges.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
There are no Strategic Alignment matters associated with this report.
Environment and Climate Change
There is not any significant environment and climate change impacts associated with this report.
Economic
It is likely the outcome of this report will have limited overall economic impact, noting that both initiatives seeking support are likely to have some positive economic impact in the community.
Risk
There is a risk that if Council provides a fee waiver in this case, other organisations will expect the same level of support.
Social / Cultural
Both projects/programs will provide positive social/cultural outcomes for the community.
Attachments
Nil
Council |
16 June 2021 |
12.1 Council’s Energy Cost Saving Initiatives including Procurement Australia’s Power Purchasing Agreement Proposal.......................................................................................... 142
|
Council 16 June 2021 |
Item 12.1 |
12.1. Council’s Energy Cost Saving Initiatives including Procurement Australia’s Power Purchasing Agreement Proposal
This report is submitted to inform the Council on electricity cost saving initiatives and seeks approval to join the binding stage of the Procurement Australia Power Purchasing Agreement
Director Business & Governance
1. That Council approve joining the binding stage (Stage 2) of the Procurement Australia Aggregated Procurement Activity.
2. That Council delegate responsibility for executing associated agreements to the General Manager.
3. That Council note the Power Purchasing Agreement – Indicative Business Case findings and recommendations.
4. That Council note the intention for Bega Valley Shire Council to pursue cost savings over renewable targets through the Power Purchasing Agreement.
Executive Summary
Council is pursuing both renewable energy targets and overall cost savings in our operations and design of future infrastructure assets and buying green energy from the National Electricity Market (NEM).
New South Wales Councils were approached by Procurement Australia to participate in a Power Purchasing Agreement (PPA) bringing together a group of buyers (Councils) designed to increase scale and therefore purchasing power to achieve both cost savings and renewable energy targets when buying power from the NEM. This paper presents the findings to date of this proposal and presents options to Council to continue to participate.
Background
Council has a Climate Resilience Strategy which sets an aspirational target of 100% Renewables by 2030 and Net Zero Emissions by 2050, in line with the NSW State Government target. The Clean Energy Plan maps out a pathway for Council to work towards these targets.
As part of this Plan, Council is pursuing both renewable energy targets and overall cost savings in our operations and design of future infrastructure assets and buying green energy from the National Electricity Market (NEM).
The Procurement Australia PPA Proposal
New South Wales Councils were approached by Procurement Australia in October - November 2020 to participate in a Power Purchasing Agreement (PPA) to buy power from the NEM. With the approval of the Leadership Executive Group, Council participated in the non-binding Stage 1 of that activity where we provided indicative consumption data and historical cost data to inform whether a PPA was commercially viable and could achieve sustainability outcomes. Stage 1 is nearing completion, which has resulted in an Initial Business Case, a Ceiling Price Marker and a formal offer to Councils to proceed to Stage 2. The Initital Business Case and Ceiling Price Marker are confidential attachments to this report.
Stage 2 involves a binding agreement and participation in the Tendering stage of the activity. It will confirm the participating Councils in the PPA and achieve a Local Government Act (NSW) 1993 compliant tender. If the result of the Tender achieves a pre-determined price marker then participating Councils are bound to accept the resulting contract.
Any resulting Power Purchasing Agreement will be managed by Procurement Australia over the life of the agreement on behalf of participating entities. The following key points are highlighted for consideration:
1. Eighteen entities participated in Stage 1, providing a significant volume of power consumed by the portfolio
2. The business case proposes an agreement of 7 or more years;
i. increasing price certainty and purchasing power of the portfolio
ii. avoiding significant planned changes to the NEM after 7 years
3. The Ceiling Price Marker is the binding price marker;
i. If the Tendered price achieves this marker or lower we are bound to the outcome
ii. It has been set at the median modelled price[1], locking-in achievement of modelled cost and renewables targets outlined in the business case
4. Purchasing energy via Mandatory LGCs[2] is expected to deliver cost savings (particularly significant for public lighting) compared to Business-as-Usual purchasing practices
5. Purchasing energy via Voluntary LGCs[3] is expected to deliver an increase in costs in large sites, but significant cost savings in public lighting compared with Business-as-Usual purchasing practices, but guarantees 100% renewable power is purchased
6. There are options for participants to vary the mix of Mandatory and Voluntary LGCs.
7. Small sites are included in the Tender and market norms tend to closely follow those for Large Sites. As such individual modelling for small sites has not been conducted.
8. The business case estimates are based on probabilistic assessment and are not a guarantee of outcomes
BVSC Energy Use
BVSC owns around 245 sperately metered sites across 12 asset categories, and pays for street lighting services supplied by Essential Energy. A significant portion of Council electricity emissions are due to street lighting, accounting for 17% of total electricity consumption, followed by Merimbula Sewage Treatment Plant and Sapphire Aquatic Centre accounting for 7% and 6% respectively (Figure 1).
FIGURE 1 -2017-18 BVSC ELECTRICTY CONSUMPTION (kWh) (Clean Energy Plan)
Energy efficiency measures outlined in the Clean Energy Plan remain a priority focus. Notably, Council is progressing the following initiatives:
1. Street Lighting. Council is upgrading its street lighting to LED technology in line with the efficiencies adopted by other NSW Council’s. This initiative is underway throughout 2021 as per the original commitments in the Plan.
2. Council Operations. Council continues to adopt energy efficiency in the design of all new and upgraded technology and infrastructure. These are undertaken through the business as usual sustainable procurement and contract procedures.
In order to supplement our supply of energy, Council have been investing in behind the meter renewable energy generation (Solar PV) for nearly a decade through its Energy Efficiency Budget as well as state or federal grants. During this period BVSC have undertaken over 25 separate Solar PV projects totalling 350 kW in solar. Recent projects include the Regional Learning Centre and Bega Depot.
Additionally the W&SS team have secured budget over three financial years with which to develop and deliver an energy program to install solar and become ‘storage ready’. This program is currently in the concept and development phase with individual sites being assessed and considered based on various criteria including economic benefits, site constraints, asset constraints and operational impacts.
Current activities being undertaken are site and electricity network assessments to identify key constraints on system requirements.
Pathway to 100% Renewables
Based on the Councils short, medium and long-term electricity savings strategies it is possible to plot a possible pathway towards 100% renewables – one of the major objectives of BVSC’s Clean Energy Plan and Climate Resilience Strategy. While the exact timing and scale of effort to reduce electricity may change from year to year, the chart below is a useful way to see how this goal can be achieved.
Council cannot achieve 100% renewables through doing its own energy efficiency measures and renewables alone (solar on all assets and energy efficiency measure where practical). Its estimated that the remaining 60% will need to be sourced through options such as aggregated procurement of power, such as this purchase agreement. The below chart provides an example of the roadmap for achieving our target.
FIGURE 1: POSSIBLE PATHWAY TO 100% RENEWABLE ENERGY FOR BEGA VALLEY SHIRE COUNCIL
Options
Council may choose to join the binding Stage-2 of the Procurement Australia proposal. Stage-2 involves the formal procurement stage, from tender development through to tender evaluation and reporting. This is a fee for service costing Council $20,000. Provided the Tender process achieves the minimum Ceiling Price (established in attachment 2) the Council will be bound to accept the outcome.
The results of the Tender will be presented back to Council to identify whether it achieved the Ceiling Price or better and any further options that may present. Pursuing 100% Mandatory LGCs will prioritise cost savings whilst still achieving the sustainability intent of the roadmap presented above. The inclusion of small sites will bundle all of Council’s electricity needs into a single agreement framework for ease of management. This is the recommended option.
Council may choose to do nothing, which would lead to renewing our traditional (black power) agreements at the end of the current contracts term, which end in December 2023. This would expose Council to spot market volatility in the NEM and would not progress our plans towards 100% renewable energy by 2030. This is not the recommended option.
Community and Stakeholder Engagement
Cost savings are a critical part of achieving financial sustainability and has been subject to considerable community and stakeholder engagement and has been formalised in our Community Strategic Plan.
Setting renewable energy targets has been the subject of considerable community and stakeholder engagement and has been formalised in Council’s Clean Energy Plan and Climate Resilience Strategy targets.
Engagement undertaken
Council have been actively engaging Procurement Australia, the participating Stage 1 Councils and the member Councils of the Canberra Region Joint Organisation to understand market trends, peer benchmarks and strategies. Council has also performed reference checks with Victorian Councils to understand Procurement Australia’s performance in delivering similar PPAs. The results of this engagement have been factored into the recommendations of this report.
Engagement planned
Stage 2 of the proposal will enable Procurement Australia to engage the National Electricity Market on the behalf of participating Councils, via the formal Tender and industry briefings. This engagement (including the Tender) will confirm or reject the analysis in the Initial Business Case.
Financial and Resource Considerations
· Participation in the binding Stage is a fee-for-service commitment of $20,000 excl GST. The cost of participation is expected to be offset in full, with additional savings should the Tender succeed.
|
Item |
$ Excl GST |
|
Expenditure Detail |
|
|
PPA - Stage 2 Participation |
$20,000 |
|
Total Expenditure |
$20,000 |
|
Source of Funds |
|
|
General fund - reallocation |
Not yet identified |
|
Total income available |
$0 |
Financial Option Impacts | Life Cycle Costing
Forward financial/economic modelling across the Stage 1 portfolio of participating Councils is best presented in the Initial Business Case and Price Ceiling Marker, both attached in full. These are not individualised estimates but indicate savings across the PPA portfolio of 2%-18% across asset types for the preferred option, against the “Do Nothing” business as usual option.
This data has been applied and compared against Council’s own forward consumption estimates providing an indication of the potential cost saving that can be achieved compared against the “Do Nothing” business as usual option. An average price model has been derived between our own forward estimates and those provided in the Initial Business Case. This analysis is provided in the confidential attachment.
The results of this modelling give confidence that if the proposed Tender achieves the price ceiling or better there should be considerable cost savings to Council.
Legal /Policy
Procurement Australia have been prescribed under s55 of the Local Government Act (NSW) 1993, allowing Council to utilise supply arrangements and contracts they establish.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
The following Council plans are related to this report.
Community Strategic Plan – The CSP commits Council to achieve financial, climate and environmental sustainability:
Goal 6 We are leaders in sustainable living and support innovative approached to resource recovery and the production of renewable energy and food.
Goal 12 Our Council is financially sustainable and services and facilities meet community need.
This program is strongly supported by the Climate Resilience Strategy 2050, BVSC Clean Energy Plan, the Revised 2017-2021 Delivery Program and the 2020-2021 Operational Plan.
All of the above Strategies and Plans identify the implementation of renewable energy initiatives into the business as usual approach to asset management along with the continual improvement and enhancement of operations to support environmental outcomes and improve resilience of assets.
Environment and Climate Change
Council is actively pursuing ways to achieve environmental and climate change benefits by lowering energy consumption and supporting renewable energy generation, in addition to the cost saving benefits presented. The adoption of these strategies into our infrastructure assets will accelerate the achievement of targets set out in the Clean Energy Plan and Climate Resilience Strategy.
Economic
Forward financial/economic modelling are presented in the confidential attachments.
Risk
There is a risk that the probabilistic analysis presented in the Initial Business Case is wrong, and the expected cost benefits do not eventuate. This risk is mitigated in part as it has been developed by independent consulting firm SavvyPlus consulting. The business model also has a Victorian and Western Australian precedent, which is early stage, but already yielding positive results.
The PPA proposal outsources the Council’s pursuit of renewable energy targets to a highly credible Local Government procurement specialist supported by leading energy consultants. This de-risks the achievement of our targets laid out in our strategies and plans.
Social / Cultural
These initiatives reflect positively on the Council, demonstrating our commitment to achieving both financial sustainability and clean energy targets set through the Council’s plans and strategies. This increases our social capital with the community, building further trust with our community stakeholders.
Attachments
1. Confidential - NSW Renewable PPA Ceiling Price Final (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.
Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information and would also impact Council’s position in relation to its consideration. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details.
2. Confidential - NSW PPA IBC Final (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.
Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information and would also impact Council’s position in relation to its consideration. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details.
3. Confidential - Financial Option Impacts - Life Cycle Costing Estimates (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.
Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information and would also impact Council’s position in relation to its consideration. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details.
|
Council |
16 June 2021 |
13.1 Certificate of Investment - April 2021............................................................... 151
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Council 16 June 2021 |
Item 13.1 |
13.1. Certificate of Investment - April 2021
This report details Council’s cash and investments as at the end of April 2021.
Director Business & Governance
1. That Council receive and note the attached reports indicating Council’s investment position as at 30 April 2021.
2. That Council note the certification of the Responsible Accounting Officer.
Executive Summary
I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
All investments have been appropriately recorded in Council’s financial records and reconciled monthly.
Background
Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council monthly, 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.
This report is presented to the June meeting due to a conflict in timing for end-of-month and the Council meeting cycle.
In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, the monthly Investments Reports are attached to the Council cash and investment report. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council meeting agenda for the relevant meeting.
Options
This is a receive and note report and does not require consideration of options for decision.
Community and Stakeholder Engagement
Engagement undertaken
There is no community or stakeholder engagement associated with the recommendation of this report.
Engagement planned
Not applicable.
Financial and Resource Considerations
A list of Councils cash and Investments at 30 April 2021 is detailed below.
Council’s revised interest income budget is $1,066,350, income earned to date is $526,324 (49%). It is worth noting that the T-Corp Strategic Cash Fund had a negative result that has reduced Council’s investment income. Council will need to reduce its expected interest income to approximately $700,000.
Councils current investment performance currently exceeds the RBA 3 monthly deposit average for the April 2021 of 0.03%
The investments can be broken down into the following Funds:
|
Table 1: Investments by Fund $’000 |
|||
|
Fund |
Feb-2021 |
Mar-2021 |
April-2021 |
|
General Fund |
26,657 |
20,776 |
16,643 |
|
Water Fund |
22,809 |
23,969 |
22,909 |
|
Sewer Fund |
40,347 |
42,195 |
41,929 |
|
TOTAL |
89,813 |
86,940 |
81,481 |
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.
Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council. The following table provides details of all funds by restrictions:
|
Source of Funds |
Value |
|
Total cash and Investments |
$81,481,128 |
|
External Restrictions as at March QBRS |
$59,503,747 |
|
Internal Restrictions as at March QBRS |
$6,663,461 |
|
Unrestricted funds |
$15,313,920 |
Legal /Policy
Section 625 of the Local Government (LG) Act determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.
Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.
The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, the Regulations and the Council’s Investment Policy.
Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every four years by Council and annually by Council officers.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
6: Strong, Consultative Leadership
6.12: Our Council is financially sustainable and services and facilities meet community need
6.12.5: Improve the provision of corporate financial services
Environment and Climate Change
TCorp has provided BVSC with their Investment Stewardship Policy (attached to the report to Council report on 31 January 2018).
In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates environmental, social and governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.
Economic
Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of that investment is reported monthly, quarterly and annually.
Risk
Council policies have strict guidelines to reduce Councils risk to capital. Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.
Social / Cultural
Maximising performance of returns enables the organisation to leverage additional funding received as a result of investments and use these towards community projects, programs and services.
Attachments
Nil
|
Council |
16 June 2021 |
Councillor Reports
16 June 2021
14.1 Meeting of Biamanga and Gulaga Boards......................................................... 157
14.2 Country Mayors Association meeting............................................................... 158
|
Council 16 June 2021 |
Item 14.1 |
14.1. Meeting of Biamanga and Gulaga Boards
On the 22 April 2021 I attended the meeting of the Biamanga and Gulaga Boards of Management in Narooma.
Cr Seckold, Deputy Mayor
22 April 2021 – Narooma Golf Club
Both Board Chairs – Bunja Smith and Ros Field presented and gave updates, followed by Kane Weeks from National Parks and Wildlife Services (NPWS).
Mr Weeks advised the DPIE is about to advertise for trainee ranger recruitments. Boards approve further dual naming.
Emma Danby, Team Leader Rangers NPWS, addressed the meeting as well as Neal Albert (Alluvium Consulting) regarding Bega Valley and Eurobodalla Catchment Plans.
Greg Summerell introduced his team from Cultural Science DPIE.
This included First Australians demonstrating land management.
Upcoming celebrations including NAIDOC were followed by Cultural and Conservation committee reports.
Many thanks to Joint Managers Kerry Avery (Biamanga) and Amanda Close (Gulaga) for their impeccable organisation of the day.
It is always a privilege to attend these meetings when hard work and enthusiasm work together.
On a personal note, I welcomed Dan Morgan’s cultural burns and Cheryl Davison’s video of the Aboriginal dancers at four winds and Duraga language classes to commence at Narooma.
Attachments
Nil
|
Council 16 June 2021 |
Item 14.2 |
14.2. Country Mayors Association meeting
A Country Mayors Association meeting was held in Sydney on 28 May 2021.
Cr Fitzpatrick
With 70 other Country Mayors I attended the Quarterly Meeting held at Theatrette, Parliament House Sydney on Friday 28 May 2021.
Presentations
Special Guests and presentations were from the following:
Minister Melinda Pavey Minister for Water, Property and Housing
Minister elaborated on Keeping Crown Land Cemetery Costs down is a priority as currently NSW Costs are double that of Victoria in private run cemeteries. The State Government is trying to get tenants to purchase aboriginal housing as it would be far cheaper than paying rent. The Housing 2041 Strategy has been released which deals with supply and mixture of supply.
The Minister expressed a willingness to have crown land that can be developed as housing to please come forward and let the Minister know.
The Minister also spoke about the Safe and Secure Water Program, A Risk Development Program and the need for more information on Flood Mitigation as there is going to be stronger growth in rural NSW.
Mr Shane Fitzsimmons Commissioner, Resilience NSW.
There has been damage to over 50 Local Government areas in the past 18 months. On the 1 May 2020 Resilience NSW was established with a mandate to transform whole of government action to emergency situations which is married to Inquiries that government needs to do better. Resilience is very much about coordinating resources. Resilience NSW has established six locations around the State and senior staff positions are in the process of being filled. Urgent attention is being given to compounding disasters such as fire, drought and flood. The March floods affected 63 Local Government areas and natural disasters were declared in 61 of those. Progress better funding is being introduced so that infrastructure is not just replaced but the replacement addresses the future requirements. Resilience NSW wants to partner closely with Local Government to develop a Resilience Strategy making sure there is no duplication
Other business arising and motions
The following motions were also passed
1. Report from Gunnedah Shire Council on Health Services
RESOLVED That the NSW Country Mayors Association calls on the Federal Government to:
1 Formally acknowledge that Rural and Remote NSW Local Government areas are being seriously disadvantaged due to the critical lack of General Practitioners.
2 Increase the Medicare payments to General Practitioners who choose to practice in the Rural and Remote regions of NSW.
3 Reduce the Medicare payments to General Practitioners practicing in Metropolitan areas to offset the increased expenditure in Rural and Remote NSW. (Kyogle Council / Forbes Shire Council)
RESOLVED That the NSW Country Mayors Association calls on the NSW Government to establish a new Ministry called the Ministry of Regional and Rural Health with responsibility for driving urgent improvements to Health services in Regional, Rural and Remote NSW. (Forbes Shire Council / Kyogle Council)
2. Executive Report Re Tele Health
RESOLVED That the NSW Country Mayors Association calls on the NSW Government to
1 Enhance technological capabilities, enabling tele-health approaches for general and specialist service provision
2 Commit to funding “Tele-Health” in Rural and Remote communities throughout NSW as an additional service and commit that “Tele-Health” services will not be used to replace doctors in rural communities. (Temora Shire Council / Kyogle Council)
3 Executive Report Re Mental Health
RESOLVED That the NSW Country Mayors Association calls on the Federal Government to:
1 Increase funding to Regional, Rural and Remote communities that have a evidence- based need for provision of suitable detoxification and rehabilitation facilities.
2 Increase funding to support Mental Health facilities and Allied Health clinicians in Regional, Rural and Remote communities. (Uralla Shire Council / Forbes Shire Council)
4 Report from Oberon Council Re Patient Transport
RESOLVED
1 That NSWCMA support improved Patient Transport options in Rural and Remote NSW and make representation to both NSW Health and the Federal Health Minister to simplify and improve the processes around Patient Transport to deliver more equitable outcomes.
2 That NSWCMA support and make representation that Patient Transport Services in Rural and Remote areas needs to be adequately funded. (Oberon Shire Council / Forbes Shire Council)
5 Executive Report Re Incentive Scheme for Training, Support and Mentoring of Health Care Professionals in Rural NSW
RESOLVED That the NSW Country Mayors Association calls on the Federal Government to:
1 Reverse the 2019 decision to reduce the “Skilled Migration Program’s”, number of overseas trained doctors entering Australia until Regional, Rural and Remote NSW are serviced by adequate levels of medical professionals.
2 Appoint an independent suitable qualified third party to conduct a comprehensive review of the Commonwealth’s “Workforce Incentive Program”.
3 Once endorsed, call on the NSW Government to implement all recommendations from the upper house enquiry into “Health Outcomes and Access to Health and Hospital Services in Rural, Regional and Remote NSW. (Kempsey Shire Council / Kyogle Council)
6 Executive Report Support for Local Water Utilities
RESOLVED That the NSW Country Mayors Association calls on the NSW Government to:
1 Engage with Local Government including the network of thirteen (13) Joint Organisations across NSW to support Local Water Utilities and provide a strategic, evidence-based approach to address water security and the investment in infrastructure required to underpin economic development in regional NSW Including;
(a) Regional pipe network systems
(b) Regional Water Storages
(c) Clear and affordable funding pathways to ensure equity
(d) Investment in contemporary surface and groundwater real-time monitoring and modelling and make that modelling accessible to Local Government.
(e) Streamline regulations in relation to recycled water reuse.
(f) Advocate to the NSW Government to waive NSW Government costs associated with essential water infrastructure (such as access to crown land, state forests, and biodiversity offsets).
(g) Develop a Memorandum of Understanding between local government water/wastewater utilities and government agencies outlining responsibilities and service level agreements.
2 Establish a multi-agency committee including local government with sufficient delegation to both optimise and monitor the delivery of the Regional Water Strategies and enable a more effective response to emergencies and drought
3 Develop accredited training programs for skill development and quality assurance of municipal water and wastewater treatment personnel.(Tenterfield Shire Council / Uralla Shire Council)
7 National Resources Access Regulator
RESOLVED That the Country Mayors Association work on relationships between Councils and the National Resources Access Regulator and invite both a senior Executive and a Board member to attend the next meeting of the Country Mayors Association (Moree Plains Shire Council / Leeton Shire Council)
8 Executive Report Re Australian Government Investment for Water Supplies
RESOLVED That the NSW Country Mayors Association:
1 Advocate to the Australian Government for a whole of government approach (three tiers) to major regional bulk water security initiatives.
2 Advocate to the Australian Government to increase their funding and involvement in the provision of secure bulk water supply projects for towns and cities across regional Australia.(Tenterfield Shire Council / Forbes Shire Council)
9. Day Light Saving
RESOLVED That the Country Mayors Association write to the Minister for Justice requesting that day light saving be reduced to four months of the year starting on the first weekend in November and finishing in the last weekend in February to be implemented no later than November 2021.(Lachlan Shire Council / Temora Shire Council)
10. Animal Welfare Cats and Dogs
RESOLVED That the NSW Country Mayors Association call on the NSW Government to act as a matter of urgency to:
1 Update the regulations in relation to the NSW Animal Welfare Code of Practice for breeding dogs and cats that applies to establishing and operating the Dog Breeding Facilities in NSW
2 Apply best practice standards to the New Code of Practice that aligns with the Victorian regulations acknowledging that the lack of proactive cross-border collaboration on legislative reforms in NSW/VIC is now legally forcing Riverine NSW local governments to approve large scale dog breeding facilities in accordance with the NSW planning system.(Murray River Counci / Hilltops Council)
11 Short Term Accommodation Shortages and Homelessness
RESOLVED That the Country Mayors Association
1 declares that our respective councils are experiencing a housing crisis in respect of housing availability, social housing availability and general affordability across our communities
2 requests that the LGNSW conference take the issue up as one of importance for action
3 calls on the Federal Government to create a National Housing Plan that can support the work of local councils
12 National Water Quality Management Strategy
RESOLVED That the NSW Country Mayors Association calls on the Australian, State and Territory Governments to mandate their nationally agreed policy framework within the Australian Government’s National Water Quality Management Strategy, so that all Australian governments and other industries, organisations and institutions effectively manage the quality and supply of water that is fit for purpose.(Hay Shire Council /Tenterfield Shire Council)
13 Murray Darling Basin
RESOLVED That the NSW Country Mayors Association calls on the NSW Government:
1 To engage an independent authority to prepare a public report detailing:
(a) The current river monitoring performed in the Murray-Darling Basin, its distribution and data accuracy and timeliness.
(b) The benefits of a basin-wide consistent approach to enhanced and comprehensive river monitoring data, and its opportunities and challenges.
2 Following the outcomes of the report to initiate and install competent river monitoring infrastructure and programs to provide enhanced river data and analysis to support water managers improve water policy, planning, management and operations to improve and maintain water quality and supply in the Murray-Darling Basin.(Hay Shire Council / Leeton Shire Council)
Attachments
Nil
|
Council |
16 June 2021 |
Notices of Motion
16 June 2021
16.1 Rescission and Notice of Motion - Popularly Elected Mayor referendum....... 164
16.2 Merimbula Skate Park Location........................................................................ 166
|
Council 16 June 2021 |
Item 16.1 |
RESCISSION MOTION:
That resolution 15/21 of 27 January 2021 be rescinded
ALTERNATE MOTION
That Council advise the NSW Electoral Commission that it will not hold a constitutional referendum as previously advised.
At
its meeting on 27 January 2021 Council resolved:
RESOLVED on the motion of Crs Bain and Nadin
1. That the Council resolve to hold a constitutional referendum in conjunction with the September 2021 local government election.
2. The referendum question would be to ask the question "do you support Council moving to have a popularly elected Mayor?" (yes or no).
3. That Council advise the NSW Electoral Commission of its resolution to hold a constitutional referendum and the question to be proposed.
The motion was put to the vote and it was TIED
IN FAVOUR: Crs Bain, Fitzpatrick and Nadin
AGAINST: Crs Seckold, Dodds and Griff
ABSENT: Cr Allen
The Mayor used his casting vote and the motion was CARRIED
It is proposed that this motion be rescinded (I have provided a rescission motion to the General Manager signed by myself, Crs Griff and Seckold) and the NSW Electoral Commission advised accordingly. The alternate motion is also included.
The Council at its meeting today is proposing to adopt the operational plan and budget on public exhibition. Many tough decisions have been made in relation to what projects and services can be carried out. The cost of this referendum is in the order of $33,000. Undertaking this action comes at the cost of other critical community priorities.
Cr Jo Dodds
Nil
|
Council 16 June 2021 |
Item 16.2 |
16.2. Cr Mitchell Nadin - Merimbula Skate Park Location
1. That Council invite the two groups who submitted a Merimbula skatepark Community Project Proposal to submit concept/masterplan design for their respective submissions.
2. That Council staff work with the groups to organise a deadline for submission to the Council process, and prepare a report for Council for final consideration once that deadline has passed.
3. That Council acknowledge each group are providing the full financial contribution to establishing concept plans.
Overview
Council has previously given in-principle support to a community-led project proposal to renew the Merimbula skatepark. Because there were two proposals with different locations, this notice of motion is the logical next step for each group to be invited to make a visual submission, or concept plans for their proposal so the councillors and public can make an informed choice on the location, size, look, difficulty, and context of a renewed skate park. Even though this might normally be financed by the council, both groups are happy to fund this next step.
Background
The existing skatepark at Berrambool Sporting Complex, Merimbula, is no longer at a satisfactory standard to meet community expectations. It is in disrepair, fails to drain following rainfall events and does not cater for the needs of skate and scooter riders of all levels of experience. It is clearly due for renewal.
Since 2018, two community groups have submitted project proposals to council to offer their assistance in upgrading the asset:
1. In October 2018, a new skate park and youth space was proposed by a community group for Ford Park, Merimbula. This proposal was considered by Council at its, 12 December 2018 meeting. Council resolved:
“That Council note that the proposal for the Merimbula Skate Park and Youth Space at Ford Park Merimbula is a major project; and that it be deferred for consideration at a later date subject to; a community project group being formed; consultation with local residents and Council officers; assessment of siting options; assessment of funding and project delivery options; and development of concept” plans.
2. In July 2019, Pambula/Merimbula Lions submitted a proposal to upgrade the existing skatepark facility at Berrambool Sporting Complex. This proposal was considered by Council on 28 August 2019. Council resolved:
“That the proposal for alterations and additions to the Berrambool Sporting Complex Skatepark be deferred and considered in conjunction with the other Merimbula Skatepark project noting the existing community project proposal being worked through by the Sapphire Coast Skate Committee.”
In October 2020 Councillors received a report from staff, which presented feedback gained through the community consultation period and recommended Ford Park as the preferred site for the upgraded park.
Ford Park, Merimbula, it said, was the more resolved in terms of access to existing related facilities and assets (playground, courts, BBQs, public toilets), the site is well suited to apply the ‘Everyone Can Play’ guidelines, there is high levels of general surveillance and the consultation feedback presented high levels of community support.
It also noted the project would be reliant on external funding sources and the concept plans will then be used in applications to source funding.
Following Council’s 12 December 2018 resolution, community meetings were arranged and held to discuss the project. These were administered by the group that went on to become the Sapphire Coast Skatepark Association (SCSA). The meetings included representatives from several community organisations. Council staff attended the initial meeting on 26 March 2019.
Two documents have since been submitted by the SCSA to Council. An initial document was provided in August 2019, with a further document submitted in May 2020. Both documents are informative and have been included as Attachments 6 and 7 of this report. They identify and discuss different elements and issues that are important to consider when selecting a site for a skatepark. They establish site selection criteria and assess sites against those criteria.
The criteria include:
• Physical site conditions and technical considerations • Access/transport • Natural surveillance, security and safety • Proximity to amenities (water, toilets, shade, food & drink) • Impact on existing facilities, adjoining uses and users • Distance from housing & incompatible land use • Event space opportunities (multiplicity of use) • Maintenance issues • Context and amenity
The location of facilities is an important aspect in how well they are used and their ongoing management. When determining sites, it is important to consider the available space, links to other recreational facilities, amenities, parking, transport, accessibility, visibility and neighbouring uses.
Originally, council staff intended for councillors to choose a site before proceeding with concept plans. However, Council resolved to defer a decision on progressing with the project and it is not included as an action in the Operational Plan.
Since then both groups have indicated they are willing to finance the concept plans stage independent of council and eventually decide on a location.
Even though there have been differing views expressed in the community relating to the location of a new skatepark in Merimbula, no concept plans have been prepared.
Consultation Undertaken by Council
The below information has been extracted from previous staff reports to council.
Council’s priority is to engage with the broader community to gather feedback on a preferred location for a skatepark for Merimbula.
A Communications and Engagement Plan was prepared for this proposed consultation, with Councillors informed of its development and the need to undertake this community consultation. A multi-faceted approach to engaging and communicating with key stakeholders and the broader community was undertaken during the previous consultation process.
Methods to provide feedback were:
• Online survey poll and comments through Bega Valley Shire Council’s (BVSC) ‘Have Your Say’
• Written submissions received via email at skatepark@begavalley.nsw.gov.au • Facebook comments In total, 506 votes were received on the ‘Have your Say’ page, 19 comments received via Council’s ‘Have Your Say’ website, 75 comments via Council Facebook page and 10 email submissions, with some containing letters and other attachments. More information can be found in the previous staff reports presented to Council.
A survey was undertaken asking the community what sort of skatepark they would like to see developed in Merimbula. This survey received 144 responses.
The opportunity to comment was promoted through social media, with a Facebook post on 24 August 2020 informing the community of the ‘Have your Say’ page reaching 12,312 people. Of this reach, 223 then went on to visit the ‘Have your Say’ page. This Facebook post contributed 75 comments and 23 shares.
The comments provided on Facebook were included as attachment to the previous report to Council.
The above figures represent good engagement across the community. It is noted there is scope within the differing means of providing feedback for duplicate submissions.
The existing skatepark at Berrambool Sportsground is included in the adopted Recreation Asset Management Plan. It does not meet user needs and is due for renewal. It has been identified there is a gap in provision of a ‘regional’ or ‘district’ skatepark in Merimbula.
The project is directly related to renewal and upgrade of an existing asset and this will see the upgraded asset being very well used and provide good value to the community in terms of both initial capital cost (to be grant funded) and ongoing operational costs. Council will decommission the existing Berrambool skatepark once the proposed upgrade is funded and its delivery is underway.
Economic
The proposed development of an upgraded skatepark in Merimbula can benefit local businesses and tourism more broadly by adding another upgraded recreation facility at Merimbula. Considered design can also see the project link directly to the ‘accessible and inclusive tourism market’ in terms of use and spectating.
Cr Mitchell Nadin
Attachments
Nil
|
Council |
16 June 2021 |
Questions with Notice
16 June 2021
17.1 Cr Nadin - EIS Merimbula Ocean Outfall........................................................... 170
|
Council 16 June 2021 |
Item 17.1 |
17.1. Cr Nadin - EIS Merimbula Ocean Outfall
Question with Notice
Cr Nadin asked for an update on the progress and timing around the EIS for the Merimbula Deep Ocean Outfall project.
Director Assets and Operations
Staff Response
EIS for the Ocean Outfall
The Environmental Impact Statement (EIS) has been lodged to the Department of Planning, Industry and Environment (DPIE) for pre-exhibition review by government agencies. The steps for a State Significant Infrastructure (SSI) EIS are below. Council is at the end of step 2 and planning to move to step 3 on July 5 2021, pending agency feedback.
A pre-exhibition review is new for DPIE and is not shown in the process on the below.
 |
Next steps
After at least 28 days of EIS exhibition, DPIE will publish all the submissions it receives online and will ask Council to respond to the issues raised in the submissions.
The responses will be included in a Submissions Report. The purpose of the Submissions Report is to:
· allow Council to respond to the issues raised and consider taking actions that address these issues
· help the community and government agencies to understand how the issues they raised have been addressed.
While writing the Submissions Report, Council may:
· undertake further community engagement
· carry out further assessment of the impacts of the project
· update the evaluation of the merits of the project.
In response to submissions, if the SSI project is amended to reduce or minimise impacts, this can be achieved through an Amendment Report.
The Submissions Report will then be submitted to DPIE along with any Amendment Report. The Minister for Planning is the determining authority for SSI applications.
STP upgrade options assessment
Upgrades to the STP will ensure that treated effluent meets the water quality objectives of the EIS, improve the quality of treated effluent for re-use, consider storage for current and future re-use schemes, consider the energy demands of the site, upgrade the biosolids management, and other minor works.
The next step is for Council to procure an options assessment to ensure that the objectives of the STP upgrade are met whilst providing value for money for our sewerage customers.
Attachments
