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TAMWORTH REGIONAL COUNCIL Notice is hereby given, in accordance with the provisions of the Local Government Act 1993, that a Meeting of Tamworth Regional Council will be held in the Council Chambers, 4th Floor Ray Walsh House, 437 Peel Street, Tamworth, commencing at 6:30pm. ORDINARY COUNCIL AGENDA 10 JULY 2018 PAUL BENNETT GENERAL MANAGER
Tamworth Regional Council – Ordinary Council – 10 July 2018 Order of Business ITEM SUBJECT PAGE NO 1 APOLOGIES AND LEAVE OF ABSENCE ................................................................... 5 2 COMMUNITY CONSULTATION................................................................................... 5 3 MINUTES OF PREVIOUS MEETING SUBMITTED FOR APPROVAL ......................... 5 4 DISCLOSURE OF INTEREST ...................................................................................... 5 5 MAYORAL MINUTE ..................................................................................................... 5 6 NOTICE OF MOTION ................................................................................................... 5 OPEN COUNCIL REPORTS 5 7 ENVIRONMENT AND PLANNING ............................................................................... 5 7.1 PROPOSED ADDITION TO RESERVE TRUST R110106 AND 55408 - W OOLBROOK ....... 5 3 ANNEXURES ATTACHED 7.2 REPLACEMENT OF ONSITE SEWAGE MANAGEMENT SYSTEM- FOSSICKERS TOURIST PARK NUNDLE ....................................................................................................... 7 7.3 HERITAGE W ORKING GROUP MEETING NO.10 - 18 MAY 2018 .................................. 8 2 ENCLOSURES ENCLOSED 8 INFRASTRUCTURE AND SERVICES ....................................................................... 10 8.1 PUBLIC AMENITIES REPLACEMENT PROGRAM - REVISED PROCUREMENT PROCEDURE AND ESTIMATED FINAL COSTS .............................................................................. 10 8.2 SOMERTON BORE AT THE SOMERTON RECREATION GROUND................................. 15 1 ENCLOSURES ENCLOSED 8.3 CONNORS CREEK DAM BARRABA - INVESTIGATION INTO FUTURE OPTIONS ............. 17 1 ANNEXURES ATTACHED 8.4 PROPOSED CHANGES TO REGIONAL W ASTE MANAGEMENT FACILITY OPERATING HOURS ............................................................................................................... 21 9 GOVERNANCE, STRATEGY AND FINANCE ............................................................ 25 9.1 COUNCIL INVESTMENTS MAY 2018 ....................................................................... 25 1 ANNEXURES ATTACHED 9.2 MOTIONS FOR THE LOCAL GOVERNMENT NSW ANNUAL CONFERENCE ................... 27 9.3 REQUEST FOR SUPPORT OF THE FUTURE OF W ORK EVENT ................................... 29 3 ANNEXURES ATTACHED 10 COMMUNITY SERVICES ........................................................................................... 31 10.1 CENTRAL NORTHERN REGIONAL LIBRARY ............................................................. 31 1 ANNEXURES ATTACHED Page i
Tamworth Regional Council – Ordinary Council – 10 July 2018 10.2 TAMWORTH REGIONAL ARTS AND CULTURAL ADVISORY COMMITTEE (TRACAC) MINUTES - 26 APRIL 2018 - .................................................................................. 33 1 ANNEXURES ATTACHED 11 REPORTS FROM DELEGATES ................................................................................ 34 12 QUESTIONS ON NOTICE .......................................................................................... 34 13 REPORTS TO BE CONSIDERED IN CLOSED COUNCIL ......................................... 34 15.1 PROPOSAL TO LEASE 4 RENTELL STREET, W ESTDALE ........................................... 34 13.2 MATTERS RELATING TO THE BARRABA SHOWGROUND ........................................... 34 13.3 TENDER RFT-10014931 - EAST TAMWORTH RESERVOIR - ROOF REPLACEMENT .... 35 13.4 TENDER T123-2018 – TAMWORTH REGIONAL AIRPORT – AIRPORT CAFÉ OPERATIONS ....................................................................................................... 35 Page ii
Tamworth Regional Council – Ordinary Council – 10 July 2018 Council nd th Meeting Date: 2 and 4 Tuesday of the month commencing at 6:30pm. Matters determined by Ordinary meetings will include all those non-delegable functions identified in Section 377 of the Local Government Act as follows: “the appointment of a general manager the making of a rate a determination under section 549 as to the levying of a rate the making of a charge the fixing of a fee the borrowing of money the voting of money for expenditure on its works, services or operations the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment) the acceptance of tenders which are required under this Act to be invited by the council the adoption of an operational plan under section 405 the adoption of a financial statement included in an annual financial report a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 the fixing of an amount or rate for the carrying out by the council of work on private land the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194 a decision under section 356 to contribute money or otherwise grant financial assistance to persons the making of an application, or the giving of a notice, to the Governor or Minister this power of delegation any function under this or any other Act that is expressly required to be exercised by resolution of the council.” Other matters and functions determined by Ordinary Council Meetings will include: Notices of Motion Notices of Motion of Rescission Council Elections, Polls, Constitutional Referendums and Public Hearings/Inquiries Ministerial Committees and Inquiries Mayor and Councillors Annual Fees Payment of Expenses and Provision of Facilities to Mayor and Councillors Local Government Remuneration Tribunal Local Government Boundaries NSW Ombudsman Administrative Decisions Tribunal Delegation of Functions by the Minister Delegation of Functions to General Manager and Principal Committees Organisation Structure Code of Conduct Code of Meeting Practice Honesty and Disclosure of Interests Access to Information Protection of Privacy Enforcement Functions (statutory breaches/prosecutions/recovery of rates) Dispute Resolution Council Land and Property Development Annual Financial Reports, Auditors Reports, Annual Reports and Statement of the Environment Reports Performance of the General Manager Equal Employment Opportunity Powers of Entry Liability and Insurance Membership of Organisations Membership: All Councillors Quorum: Five members Chairperson: The Mayor Deputy Chairperson: The Deputy Mayor Page 3
Tamworth Regional Council – Ordinary Council – 10 July 2018 Community Consultation Policy The first 30 minutes of Open Council Meetings is available for members of the Public to address the Council Meeting or submit questions either verbally or in writing, on matters INCLUDED in the Business Paper for the Meeting. Members of the public will be permitted a maximum of three minutes to address the Council Meeting. An extension of time may be granted if deemed necessary. Members of the public seeking to represent or speak on behalf of a third party must satisfy the Council or Committee Meeting that he or she has the authority to represent or speak on behalf of the third party. Members of the public wishing to address Council Meetings are requested to contact Council either by telephone, in person or online prior to 4:30pm the day of the Meeting to address the Council Meeting. Persons not registered to speak will not be able to address Council at the Meeting. Council will only permit three speakers in support and three speakers in opposition to a recommendation contained in the Business Paper. If there are more than three speakers, Council’s Governance division will contact all registered speakers to determine who will address Council. In relation to a Development Application, the applicant will be reserved a position to speak. Members of the public will not be permitted to raise matters or provide information which involves: personnel matters concerning particular individuals (other than Councillors); personal hardship of any resident or ratepayer; information that would, if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business; Commercial information of a confidential nature that would, if disclosed: - prejudice the commercial position of the person who supplied it, or - confer a commercial advantage on a competitor of the Council; or - reveal a trade secret; information that would, if disclosed prejudice the maintenance of law; matters affecting the security of the Council, Councillors, Council staff or Council property; advice concerning litigation or advice that would otherwise be privileged form production in legal proceedings on the ground of legal professional privilege; information concerning the nature and location of a place or an item of Aboriginal significance on community land; alleged contraventions of any Code of Conduct requirements applicable under Section440; or on balance, be contrary to the public interest. Members of the public will not be permitted to use Community Consultation to abuse, vilify, insult, threaten, intimidate or harass Councillors, Council staff or other members of the public. Conduct of this nature will be deemed to be an act of disorder and the person engaging in such behaviour will be ruled out of the order and may be expelled. Disclosure of Political Donations or Gifts If you have made a relevant planning application to Council which is listed for determination on the Council Business Paper you must disclose any political donation or gift made to any councillor or employee of the Council within the period commencing two years before the application is made and ending when the application is determined (Section 147(4) Environmental Planning and Assessment Act 1979). If you have made a relevant public submission to Council in relation to a relevant planning application which is listed for determination on the Council Business Paper you must disclose any political donation or gifts made to any councillor or employee of the Council by you as the person making the submission or any associate within the period commencing two years before the submission is made and ending when the application is determined (Section 147(5) Environmental Planning and Assessment Act 1979). Page 4
Tamworth Regional Council – Ordinary Council – 10 July 2018 AGENDA 1 APOLOGIES AND LEAVE OF ABSENCE 2 COMMUNITY CONSULTATION 3 MINUTES OF PREVIOUS MEETING SUBMITTED FOR APPROVAL RECOMMENDATION That the Minutes of the Ordinary Meeting held on Tuesday, 26 June 2018, copies of which were circulated, be taken as read and confirmed as a correct record of the proceedings of the Meeting. 4 DISCLOSURE OF INTEREST Pecuniary Interest Non Pecuniary Conflict of Interest Political Donations 5 MAYORAL MINUTE Nil 6 NOTICE OF MOTION Nil OPEN COUNCIL REPORTS 7 ENVIRONMENT AND PLANNING 7.1 PROPOSED ADDITION TO RESERVE TRUST R110106 AND 55408 - WOOLBROOK – FILE NO SF6192 DIRECTORATE: OFFICE OF THE GENERAL MANAGER AUTHOR: Kirrilee Ringland, Acting General Counsel 3 ANNEXURES ATTACHED RECOMMENDATION That in relation to the report “Proposed Addition to Reserve Trust R110106 and 55408 - Woolbrook”, Council authorise the General Manager to write to the Minister for Industry – Lands and Forestry requesting Lot 104 in Deposited Plan 753846 and Lot 7007 in Deposited Plan 94016 be added to Reserve Trust R110106, and Lot 188 in Deposited Plan 753846 to Reserve Trust 55408 for which Council is Reserve Trust Manager. SUMMARY This report seeks Council’s consent for the proposed appointment as Reserve Trust Page 5
Tamworth Regional Council – Ordinary Council – 10 July 2018 Manager for the Crown land in Woolbrook known as “The Park” and described as Lot 104 DP 753846 and Lot 7007 in DP 94016 and Lot 188 in Deposited Plan 753846 to Reserve Trust 55408 for which Council is Reserve Trust Manager. COMMENTARY Council received a written request from the Woolbrook Hall and Park Committee, a Section 355 Committee of Council, to formalise the appointment of Tamworth Regional Council as the Reserve Trust Manager for the Crown land known as “The Park”. Council is the Reserve Trust Manager for the land comprised in the adjoining Lot 240 DP 722503 being R110106 for the Woolbrook Hall. The subject land is reserved for public recreation and Council has assumed responsibility for the park land, ATTACHED, refer ANNEXURE 1. A recent proposal to install play equipment in the park highlighted the status of the land as being devolved to Council. The Crown advised that Council should request that the land be added to Reserve Trust R110106 to formally assign responsibility for the land to Council. A written request from the Section 355 Committee ATTACHED, refer ANNEXURE 2, seeking to formally document the existing arrangement is therefore considered reasonable. The Woolbrook Hall and Park Committee’s meeting, held 5 June 2017, discussed the matter and the Committee advised it is committed to: being responsible for and carry out the day to day maintenance including mowing, slashing, noxious weed control and bushfire hazard reduction as carried out previously. The Committee requested if a public toilet is installed at the park, Council contribute to the public toilet being pumped out once per year, with the Committee to be responsible for all other pump outs during the year. The Committee also requested Council’s assistance should there be any natural disasters such as flood, bushfire or earthquake that affect the facilities at the park as Reserve Trust Manager. Council will require the Committee to have all relevant insurance policies in place. The maintenance for the new playground will be funded by the Sports and Recreation Division with other maintenance of the park being the responsibility of the Woolbrook Hall and Park Committee. It is therefore recommended that Council authorise the General Manager to write to the relevant office of Crown Lands to request that Lot 104 in DP 753846 and Lot 7007 in DP 84016 be added to Reserve Trust R110106. Since the request from the Woolbrook Hall and Park Committee as set out herein, Crown Lands has forwarded to Council a further request from this Committee for Lot 188 in Deposited Plan 753846 to be added to Reserve 55408. Council is currently Reserve Manager for this Reserve, and this would increase the area of that Reserve. Council is advised by Crown Lands that the Committee has already been managing the subject Lot as part of their management of Reserve 55408, and this would formalise their management of that Lot and would not in effect change the practical situation. The Reserve is shown highlighted in green with Lot 188 highlighted in red, ATTACHED, refer ANNEXURE 3. It is recommended that Council accept the proposal of Crown Lands in this regard and authorise the General Manager to write to the relevant office of Crown Lands to request that the Lot be added to the Reserve. Page 6
Tamworth Regional Council – Ordinary Council – 10 July 2018 (a) Policy Implications Nil (b) Financial Implications Maintenance for the playground installed at the Reserve will be funded by the Sports and Recreation Division. (c) Legal Implications Nil (d) Community Consultation Nil 7.2 REPLACEMENT OF ONSITE SEWAGE MANAGEMENT SYSTEM- FOSSICKERS TOURIST PARK NUNDLE – FILE NO LF28444 DIRECTORATE: PLANNING AND COMPLIANCE AUTHOR: Lucy Walker, Acting Director Planning and Compliance Reference: Item 7.2 to Ordinary Council 14 November 2017 - Minute No 372/17 RECOMMENDATION That in relation to the report “Replacement of Onsite Sewage Management System - Fossickers Tourist Park Nundle”, Council approve a budget variation to authorise the expenditure of funds from the Caravan Park Reserve for the replacement of the on-site sewage management system at Fossickers Tourist Park at Nundle. SUMMARY Council is Reserve Trust Manager for the Fossickers Tourist Park at Nundle. A large on-site sewage management system at the park has failed and requires replacement. Council, at the Ordinary Meeting held 14 November 2017, authorised to expend funds from the Caravan Park Reserve to undertake the required temporary repairs and replace the system. The temporary repairs have been completed, but the replacement has been delayed pending the return of formal quotes for the work, and the only quote returned is greater than the initial cost estimate of $110,000. COMMENTARY The Fossickers Tourist Park at Nundle is located on Crown Land with Council appointed as Reserve Trust Manager. The Park is leased to a private operator. As reported to the Ordinary Council Meeting on 14 November 2017, it is necessary to replace one of the three onsite sewage management systems that service the Park. The system is located near the park entry adjacent to the tennis court and Visitor Information Centre. The cost of this system was initially estimated to be $110,000, and this amount has been allocated. However, that amount was later increased by the same plumber to around $140,000. Due to the significant variation in cost, three suitably qualified and experienced Page 7
Tamworth Regional Council – Ordinary Council – 10 July 2018 plumbers were asked by Council staff to provide formal quotes. Despite persistent requests, only one quote was returned, and that quote was not from the same plumber who provided the initial estimates. The quote returned is for $149,990 excluding GST, which is broken down as follows: AWTS Component Amount (excluding GST) Irrigation $85,660.00 System $64,330.00 TOTAL $149,990.00 Given that the quote received is comparable to the most recent cost estimate, it is obvious that the initial figure of $110,000 was grossly inaccurate. As Council has no option but to complete these works, it is requested that Council authorise the increased expenditure from the Caravan Park Reserve to cover the costs. The Caravan Park reserve has a projected 30 June 2018, balance of $677,156. (a) Policy Implications The quote is less than the tender threshold amount of $150,000 excluding GST. (b) Financial Implications The Caravan Park Reserve has sufficient monies to undertake the works and pay the expenses detailed in the body of the report. (c) Legal Implications The repairs are a responsibility of Council under the terms of the Lease. Council has a duty to ensure the sewage management system is functioning effectively and that it does not have any environmental impact. (d) Community Consultation Nil 7.3 HERITAGE WORKING GROUP MEETING NO.10 - 18 MAY 2018 – FILE NO SF7336 DIRECTORATE: PLANNING AND COMPLIANCE AUTHOR: Nathan Bartlett, Strategic Planner 2 ENCLOSURES ENCLOSED RECOMMENDATION That in relation to the report “Heritage Working Group Meeting No. 10 - 18 May 2018” Council receive and note the Minutes of the meeting. SUMMARY The purpose of this report is to present the Minutes of the Heritage Working Group (HWG) meeting held 18 May 2018, and provide Council with an overview of the meeting outcomes and the 2018 Heritage Festival and Awards presentation. Page 8
Tamworth Regional Council – Ordinary Council – 10 July 2018 COMMENTARY The Minutes of the Heritage Working Group meeting, held on Friday 18 May 2018, are ENCLOSED, refer ENCLOSURE 1. Heritage Assistance Fund (HAF) Update The Group were informed that two further projects under the Program had been completed as a result of the allocated funding. These included a dwelling in King George V Avenue and the project works at a building in Jenkins Street, Nundle. Unfortunately, two other property owners declined the Heritage Assistance funding amounts allocated due to difficulties and costs associated with the proposed works. 2018 Tamworth Regional Heritage Festival and Awards The Strategic Planning Manager provided a debrief on the 2018 Tamworth Regional Heritage Festival, which commenced Thursday 19 April 2018, and ran for a period of nine days. The format/program for the Festival encouraged participation from local historical societies, heritage and cultural groups in the regions towns and villages. The overall 2018 Heritage Festival was considered a great success. The list of recipients for each category in the 2018 Heritage Awards is ENCLOSED, refer ENCLOSURE 2. West Tamworth Railway Station & Station Master’s Residence at Tamworth Station The Heritage Working Group (HWG) discussed the future potential community use of the West Tamworth Station Railway Station. In addition, opportunities for adaptive re-use of the Station Master’s residence at the Tamworth Railway Station were also discussed. Status of the Manilla Railway Viaduct An update was provided in relation to the Manilla Railway Viaduct. The HWG was advised that information regarding the proposed demolition had not yet been provided by John Holland Rail (JHR). This matter is ongoing and will be carried over on the Agenda for the next HWG meeting. State Funding to Preserve Slab Hut The Strategic Planning Manager advised that the State Government is considering a funding application from the owner of the former Australia Arms Hotel at Arthur Street, Moore Creek, to preserve the slab hut. The property owner and the State Government are seeking Council’s commitment to assist with this project. Planning Proposal for 30-32 Darling Street Tamworth - Gateway Process The HWG was informed that a Planning Proposal to include 30-32 Darling Street, Tamworth, in the Tamworth Regional Local Environmental Plan 2010 (TRLEP 2010) had been submitted for a Gateway Determination and a decision is anticipated in the near future. (a) Policy Implications Nil (b) Financial Implications Nil (c) Legal Implications Nil (d) Community Consultation Any community consultation is reported to the Group at each meeting on all matters relating to Heritage. Page 9
Tamworth Regional Council – Ordinary Council – 10 July 2018 8 INFRASTRUCTURE AND SERVICES 8.1 PUBLIC AMENITIES REPLACEMENT PROGRAM - REVISED PROCUREMENT PROCEDURE AND ESTIMATED FINAL COSTS – FILE NO SF8199 DIRECTORATE: REGIONAL SERVICES AUTHOR: Paul Kelly, Manager Sports and Recreation Reference: Item 14.1 to Ordinary Council 13 March 2018 - Minute No 84/18 Item 8.1 to Ordinary Council 11 April 2017 - Minute No 85/17 RECOMMENDATION That in relation to the report “Public Amenities Replacement Program – Revised Procurement Procedure and Estimated Final Costs”, Council: (i) note the revised estimated overall cost of $1,922,674 to provide 14 amenities exceeds the available remaining budget of $1,476,931; (ii) defer the provision of the following four amenities until additional funding becomes available: Marsupial Park; Attunga Rest Stop; Rotary Park Barraba; and Moonbi Lookout; (iii) fund the new Cemetery Toilet from the future Cemetery budget; and (iv) construct the following ten amenities from the current available funding of $1,476,931: Bicentennial Park; Oxley Lookout; Anzac Park; Viaduct Park; Hyman Park; Rotary Park; Nundle; Moonbi Park; Sheba Dam; and Lions Park Rest Area Barraba. SUMMARY The purpose of this report is to seek approval to the alternate mode of project delivery resulting in changes to scope and cost from that of the original proposal when Tenders were called. Recommendation has been made on the basis of constructing the amenities on a prioritised basis utilising the available funds. Page 10
Tamworth Regional Council – Ordinary Council – 10 July 2018 All of the originally planned amenities cannot be replaced from the available funds although the funding gap is now significantly lower than when Tenders were called. COMMENTARY Background At the Ordinary Meeting of Council on 13 March 2018, Council rejected two Tenders received for construction of replacement Amenities at 15 sites as both Tenders were well in excess of Council’s allocated budget for this project. Council also agreed for staff to investigate alternative modes of delivery and possible changes to the scope of works with a further Council report to be prepared highlighting any proposed changes to the original project scope and budget. Proposed delivery method The proposed project delivery method is for Council to undertake all relevant preliminary site investigations, designs, obtain approvals and then seek individual trade pricing for each aspect of construction. This method avoids principal contractor overheads and contractor risk which previously resulted in escalated tender pricing. The current scope and approach is outlined below: it is proposed to procure the supply and erection of the public amenity structures on the required building footprints and extend internal services to five metres outside the building line, via the Local Government Procurement process, which does not require Council to call for tenders; each specific trade component will be separately procured by Council and not by the toilet manufacturer. This method will eliminate additional builder’s overheads for all subcontractors, consultants and Council fees; Council will prepare and obtain DA and S68 Approvals for the relevant sites; Council will obtain Geotechnical Site Testing where required; Council will obtain environmental site/soil testing, laboratory testing and design of on site disposal areas where applicable; in conjunction with an electrician, Council will manage Essential Energy applications and any subsequent design works; and ancillary site costs such as path/access will be managed by Council. It should be noted that final costs will be subject to site investigations and resultant design outcomes, however there is not expected to be a significant variation to the final costs depicted in this report. Construction Packages As a result of the above approach, the following Construction Packages will apply: demolition works – septic tanks and buildings as appropriate; electrical works – application, design, disconnect, reconnect; plumbing services – disconnect, reconnect, water, sewer ,stormwater; transpiration area, septic tank as required for each site; and Page 11
Tamworth Regional Council – Ordinary Council – 10 July 2018 toilet amenity facility – manufacture and install including site preparation works (services extended five metres). Factors Considered in Current Approach The following factors were taken into consideration when determining the revised delivery approach and are listed for information purposes: works need to be prioritised to comply with available funding; architectural design of each facility will require compliance with relevant codes; investigation required for power costs and availability; investigation required for anti-vandal building options on some sites; Sheba Dam, Moonbi Lookout and Lions Park Rest Area (Barraba) will have ongoing pump out costs and will require waste management plans; some sites will require solar power for LED lights; the Marsupial Park facility construction is contingent upon receiving separate grant funding for provision of power and sewer; the new cemetery toilet is to be funded from future cemetery works budget; further consultation may be required where facility location or colour scheme has changed; the cost of relocating toilet from Sheba Dam to Barraba Cemetery will require further investigation at time of removal (nominal $15,000 allowed in this budget); Bicentennial Park toilet will be linked to design of Changing Places Facility; and will require further consultation with Changing Places Disability Transport Hub user group. Changes to Original Scope of Works or Design Intent The following changes have been made to the original scope of works: a revised location of the Oxley Lookout toilets as there is no available power at the proposed site (estimated upgrade cost $80,000 to $90,000). The revised location of the toilets at this site is proposed to be adjacent to the existing facility on edge of the road with solar lighting; the final location of toilets at Attunga, Lions Park Rest Area, Sheba Dam, Moonbi Park, Oxley Lookout, Anzac Park and Marsupial Park will be subject to final site assessment and consultation where necessary; and the architectural design and colour schemes may deviate from images depicted originally, however will be approved via consultation where appropriate. Reconciliation to available Budget As a result of this alternate delivery approach the estimated total project cost for the construction and commissioning of these facilities is $1,922,674 exc. GST. With the current remaining budget being $1,476,931 this leaves a shortfall of $445,743. These calculations are based on the following assumptions: the new cemetery toilet is to be funded from Cemetery construction budget; the Changing Places Disability Transport Hub component will be separately funded; Page 12
Tamworth Regional Council – Ordinary Council – 10 July 2018 a project contingency cost will be required and is included; additional project investigation costs will be required and are included; and the final building and servicing costs are subject to geotechnical, environmental site testing requirements, Essential Energy approvals etc. Prioritisation of facilities to comply with available budget The following list outlines facilities in a priority order based on park hierarchy and usage. Priority Location 1 Bicentennial Park combined with Changing Places (Regional Park) 2 Oxley Lookout (Regional Park) 3 Anzac Park (District Park) 4 Marsupial Park (Regional Park) 5 Viaduct Park – Linked to Youth Hub 6 Hyman Park (District Park) 7 Rotary Park Manilla (District Park) 8 Nundle (Main Street Toilet) 9 Moonbi Park (Ancillary Tourist Attraction, Park Rest Location) 10 Sheba Dam (Favoured Tourist Location) 11 Lions Park Rest Stop Barraba (Road Rest Location) 12 Attunga Rest Stop 13 Rotary Park Barraba 14 Moonbi Lookout 15 Tamworth Cemetery In order to remain within existing budget allocation the facilities shaded in the above table are proposed to be deferred until additional funding can be provided. The basis for this recommendation is detailed below: Marsupial Park (estimated cost of $139,330) – although recognised as a high priority, this toilet upgrade is contingent upon separate grant funding (currently submitted under the Public Reserve Management Fund) for a power and sewer connection to be made available to the site. The large capital costs associated with this has resulted in this toilet upgrade being deferred until the outcome of this funding submission is known; Moonbi Lookout (estimated cost of $82,671) – low visitation numbers; Rotary Park Barraba (estimated cost of $117,048) – other suitable accessible facilities are located in close proximity; Attunga Rest Stop (estimated cost of $98,179) – low visitation numbers; and Tamworth Cemetery – will now be funded from the budget for the development of a new Tamworth Cemetery. Page 13
Tamworth Regional Council – Ordinary Council – 10 July 2018 Summary of budget Amount (ex GST) Notes Allocated budget $1,476,931 Cost to build 14 amenities $1,922,674 Estimate Difference -$445,743 Deferred cost of four amenities $437,228 Note Tamworth Cemetery toilet to be funded from Tamworth Cemetery budget Revised cost to build 10 $1,485,456 prioritised amenities Shortfall from the allocated -$8,515 To be funded from budget of $1, 476, 931 contingency funds The funding of the ten remaining public amenity upgrades would result in a revised total project estimate of $1,485,456 exc. GST. The revised estimated shortfall of $8,515 is expected to be absorbed by the projects contingency funds. Timetable for Construction Subject to building company availability all recommended toilets and ancillary works would be completed within the 2018-2019 financial year. Depending on the size of the structure, the timeframe for factory pre-fabrication works will vary from 10 to 12 weeks and on site installation will take approximately three to five weeks. (a) Policy Implications Nil (b) Financial Implications Further investigation is required to source and provide additional funding (to the estimated value of $437,228) to construct the proposed deferred facilities: Marsupial Park; Attunga Rest Stop; Rotary Park Barraba; and Moonbi Lookout. (c) Legal Implications Nil (d) Community Consultation Additional community consultation will be undertaken with relevant community groups as required prior to submission of Development Application and or construction. Page 14
Tamworth Regional Council – Ordinary Council – 10 July 2018 8.2 SOMERTON BORE AT THE SOMERTON RECREATION GROUND – FILE NO SF1924 DIRECTORATE: WATER AND WASTE AUTHOR: Bruce Logan, Director Water and Waste 1 ENCLOSURES ENCLOSED RECOMMENDATION That in relation to the report “Somerton Bore at the Somerton Recreation Ground”, Council: (i) no longer allow free, uncontrolled access to the bore except for the local Rural Fire Service; and (ii) place warning signs on Council assets/infrastructure as appropriate advising the water supplied is raw in nature and should not be consumed. SUMMARY The Somerton Bore, located at the Somerton Recreation Ground, has previously allowed uncontrolled access to raw water for any purpose, to anyone, at no charge. The purpose of this report is to seek Council direction on whether this access should continue and if so any conditions that should be applied. COMMENTARY The Somerton bore is located adjacent to the Somerton Recreation Ground – in the red oval in the map below The bore has a long history with some suggestions it was constructed in or before 1947. Of more recent time the bore has provided raw water for the recreation ground taps, the amenity building at the tennis courts, the Somerton Rural Fire Shed the Somerton School and a public supply point. The Somerton School was disconnected from the bore in the early 2000’s. There are a number of issues with the supply from the bore including: the water from the bore is raw and as such Council cannot guarantee its suitability for use for any purpose. Council would be liable in the event of someone accessing this Page 15
Tamworth Regional Council – Ordinary Council – 10 July 2018 water, they or their pets/stock became sick/died and that was traced back to the water sourced from the Somerton Bore; there are no warning signs on any of the taps, both at the recreation grounds and the amenities building warning users the water is raw in nature and not fit for drinking; the bore is licensed with an entitlement of one Megalitre per year. The license is for recreational use. Under the existing license Council is able to supply the RFS and the sports ground but may not be able to supply the general community; people accessing water at the bore are getting water for free. No other resident of Tamworth Regional Council gets access to free water provided by Council; given there is no control as to who can access free water, how can Council be sure that it is ratepayers of the Council area accessing the water; if Council was to agree to allow water to Somerton residents from the bore in future, how would it be determined who this use extends to, any conditions applied, and how this would be policed; the bore supply was previously not metered. Without a meter it is impossible to say how much water is used from the bore annually and therefore comply with the bore license; and if water is supplied to the community in the future how would supply be policed and restricted, if required, such that the license conditions where not breached and/or in the event that use exceeded the bores capacity. To move this issue forward and to establish a better understanding, the first question was just how many people use the bore and the volume of water taken. Options were developed with regard to how should this be ascertained including, letter box drops to residents asking if they use the facility and/or advertise through local media. However, it was considered if knowledge of full public use of the Somerton bore at no cost became wide spread, Council would not get an accurate response to how many residents previously used the bore and use of the bore would become widely know and more problematic. As a result the decision was made to lock off the public supply point at the bore, continue to provide water to the RFS shed and monitor calls and inquiries from residents asking why public access to the bore had been closed off. From these calls and inquiries a more accurate picture of the use of the bore by the public could be ascertained. Accordingly, public access to the bore was closed off in early December 2017. To date only one inquiry – from the Chair of the Somerton War Memorial and Recreation Ground Committee in March 2018, has been received. A copy of the inquiry and the response from staff is ENCLOSED, refer ENCLOSURE 1. Given the issues associated with providing free access to water, the number of inquiries received by Council once free access to the bore was ceased, indicating very few people are actually accessing water at the bore, it is recommended Council should permanently cease the practise of free access to water at the Somerton Bore. In relation to the connection of the bore to the recreation ground taps and at the Tennis Court Amenities, Sports and Recreation staff have advised these connections will be required into the future, and therefore appropriate signage should be installed advising users not to drink the water. (a) Policy Implications Nil Page 16
Tamworth Regional Council – Ordinary Council – 10 July 2018 (b) Financial Implications Nil (c) Legal Implications The water from the bore is raw and as such Council cannot guarantee its suitability for use for any purpose. Council would be liable in the event of someone accessing this water, they or their pets/stock became sick/died and that was traced back to the water sourced from the Somerton Bore. (d) Community Consultation Nil 8.3 CONNORS CREEK DAM BARRABA - INVESTIGATION INTO FUTURE OPTIONS – FILE NO SF1815 DIRECTORATE: WATER AND WASTE AUTHOR: Bruce Logan, Director Water and Waste Reference: Item 8.2 to Ordinary Council 13 June 2017 - Minute No 163/17 1 ANNEXURES ATTACHED RECOMMENDATION That in relation to the report “Connors Creek Dam Barraba – Investigation into Future Options”, Council: (i) agree to pursue Option Three as detailed in the report; (ii) write to the NSW Dams Safety Committee and advise the Committee of Council’s decision; and (iii) provide funding for the proposed works from the Water Reserve. SUMMARY At its Meeting of 13 June 2017, Council considered a report on the Connors Creek Dam and voted funds to undertake further investigations. The purpose of this report is to update Council in relation to these investigations and seek direction on a recommended way forward. COMMENTARY Connors Creek Dam was constructed by the NSW Public Works Department in 1934, as a water supply dam for the town of Barraba. The original design storage was 360 Megalitres, however, due to siltation the water storage capacity has been reduced to a point where it is now estimated the storage capacity of the dam is approximately 156 Megalitres. The dam is a Prescribed Dam under relevant NSW legislation and as such Council, as the dam’s owner, must comply with certain requirements set down by the NSW Dams Safety Committee (DSC). One of these requirements is to undertake a Dam break study to assess the consequences of dam failure, either due to flooding, or a structural failure of the dam, on downstream properties. Page 17
Tamworth Regional Council – Ordinary Council – 10 July 2018 In 2016, Hunter H2O was commissioned to undertake this study with the result the dam’s consequence category was assessed as High C. There are a number of issues the DSC requires Council to consider in relation to a High C category dam including, surveillance requirements, spillway requirements and structural capacity. However, given the completion of the Split Rock Dam to Barraba Pipeline, there is now no need for Council to maintain Connors Creek Dam as an emergency water supply and decommissioning of the dam should be included in any investigation of options available to Council in relation to the long term future of the dam and compliance with statutory requirements. To this end Council agreed, after considering a report at its meeting of 13 June 2017, to make available funding to allow further investigation to proceed. Hunter H2O was engaged to complete an Options Feasibility Study, ATTACHED, refer ANNEXURE 1. An extract from the report is presented below: ….three options were adopted for the future management of Connors Creek Dam which included: 1. Decommission Dam - decrease height of dam to a level where there is no safety risk. 2. Dam re-design - analyse the dam for ‘HIGH C’ loadings and construct required structural improvements. 3. Risk based approach - undertake minor capital works, confirm there is a Base Safety Condition and defer any work subject to change in standards or loss of structural integrity over time. A Net Present Value and qualitative risk assessment was undertaken on the three options with the results shown in Table 1-1 and Table 1-2, respectively. Table 1.1 Option Estimated Net Present Value ($M) Option 1 – Decommission Dam 9.29 Option 2 – Re-design Dam 2.67 Option 3 – Risk Based 2.57 The Net Present Value comparison shows the most cost effective solution is Option 3. A Qualitative Risk Assessment was undertaken based on a number of issues identified in the study. These were weighted to reflect their relative importance at this site. Table 1.2 Qualitative Issue Option 1 Option 2 Option 3 Preferred Water Security LOW LOW – MEDIUM MEDIUM Option 1 and Sustainability Safety and the MEDIUM (1) LOW MEDIUM (1) Option 2 Environment Business MEDIUM(1) LOW – MEDIUM MEDIUM Option 1 Improvements LOW (2) Community and MEDIUM LOW MEDIUM Option 2 public perception 1. Risk during capital works 2. Risk during future operation Page 18
Tamworth Regional Council – Ordinary Council – 10 July 2018 Option 3 was selected as the preferred option as it has the lowest present value and similar risks to Option 2. The Net Present Value increase from $2.6M (Option 3) to $9.3M (Option 1) to minimise Council risk is not considered to be feasible due to the low to medium risks involved with Options 2 and 3. However, if the level of silt contamination is not an issue the Net Present Value cost of Option 1 would reduce from approximately $9.3M to $3.8M which may make Option 1 viable. It is recommended that Council test the silt for contamination before any final decision is made. If the results show the silt may be reused near the site, a detailed cost estimate on decommissioning should be undertaken. If the silt is shown to have a level of contamination requiring treatment, Option 3 is the recommended option for the future management of Connors Creek Dam. As per the recommendation, specialist consultants were engaged to test the silt in the dam. In October 2017, Douglas Partners completed their preliminary analysis of the silts and found in part: Based on the results from the Preliminary Material Assessment, the sediments tested within the Connors Creek Dam are classified as “General Solid Waste” (GSW) with the consideration of leachability (TCLP) testing, with reference to NSW EPA Waste Classification Guidelines. A classification of General Solid Waste means the silt must be disposed of at a licensed facility such as Council’s Forest Road Landfill. Other considerations for disposal of the silt include: quantity of silt is approximately 204,000 cubic metres; a dewatering site would have to be established as close as possible to Connors Creek Dam; the silt would then have to be hauled, or possibly pumped, to the dewatering site; any approval may include capture of contaminated water from dewatered material (if deemed necessary); haulage for disposal after dewatering; and EPA and other approvals. Given the above issues it is considered any option which requires the removal of the silt from Connors Creek Dam will be cost prohibitive. As a result further investigation of Option Three - risk based approach which includes completing minor capital works, confirms there is a Base Safety Condition and defers any work subject to change in standards or loss of structural integrity over time, has been completed. Details of recommended works to be completed in the 2018-19 financial year and estimated costs of such works are as follows: Work Estimated Cost Concrete protection of the abutment groins $50,000 Modifying the downstream channel $15,000 Install rain gauges, one at the dam and one in the $50,000 catchment, hooked to telemetry Install a dam water gauge level, hooked to telemetry $60,000 Page 19
Tamworth Regional Council – Ordinary Council – 10 July 2018 Preparation of a Dam Safety Emergency Plan for $15,000 Connors Creek Dam Preparation of an Operations and Maintenance $15,000 Manual Annual comprehensive inspections $20,000 Total $225,000 Other works are also recommended for future financial years as shown below: Work Estimated Cost When required Survey Control $40,000 2019-20 Survey Monitoring $25,000 2021-22 Independent Audit $5,000 2023-24 Safety Review / Risk Assessment $60,000 2030-31 In July 2016, Council wrote to the NSW Dams Safety Committee and advised Council had decided to investigate: the process involved, including approval’s required, estimated costs and timeframes for Connors Creek Dam to be decommissioned; tail water effects at the dam caused by the “chokes” in the valley downstream of the dam and the structural integrity of the dam before and during the tail water effects, if any, occur. This may determine that there is an existing Base Safety Condition; and possible solutions involving partial lowering of the dam that may decrease the Consequence Category and/or create a Base Safety Condition. Given the findings of the various investigations completed to date it is recommended Council adopt the approach detailed in Option Three above, commit funding to complete the minor capital works listed and associated activities in the 2018-2019 financial year and write to the NSW Dams Safety Committee advising of Council’s decision. (a) Policy Implications Nil (b) Financial Implications No funds have been allocated in the 2018-19 Annual Operation Plan for the works identified. Accordingly, should Council agree with the recommendation, funding would have to be provided from the Water Reserve (c) Legal Implications Nil Page 20
Tamworth Regional Council – Ordinary Council – 10 July 2018 (d) Community Consultation Nil to date. The preparation of a Dam Safety Emergency Plan includes extensive community consultation. 8.4 PROPOSED CHANGES TO REGIONAL WASTE MANAGEMENT FACILITY OPERATING HOURS – FILE NO SF2003 DIRECTORATE: WATER AND WASTE AUTHOR: Daniel Coe, Manager Water and Waste RECOMMENDATION That in relation to the report “Proposed Changes to Regional Waste Management Facility Operating Hours”, Council approve changes to the operating hours of Regional Waste Management Hours as detailed in the body of the report with the changes to be implemented from 1 September 2018. SUMMARY The purpose of this report is to request Council approval to a change of operating hours at Regional Waste Management Facilities for operational requirements including work health and safety management. COMMENTARY In addition to waste management at the Forest Road Waste Management Facility, Council operates eight staffed waste management facilities in the following locations: Barraba; Bendemeer; Dungowan; Duri; Kootingal; Manilla; Nundle; and Somerton. Opening hours across the facilities are inconsistent and to some extent still a legacy of the amalgamation of former Councils which occurred in 2004. Recent operational changes have been made to the Waste Operations Team with all waste operators now commencing shifts from the Forest Road Waste Management Facility. The primary purpose of this was: ensure that staff are trained in the operation of all sites; reduce the risk of sites not opening or having late openings by single operators taking unexpected leave; ensure consistency of operation, including application of advertised waste disposal charges, across all sites by the rotation of waste operators; and not get in a situation where it is alleged Operators are providing financial advantage to particular customers or locals etc. accessing a particular facility. Notwithstanding the changes made to operations to date, a recent review of these sites has identified the following issues: Page 21
Tamworth Regional Council – Ordinary Council – 10 July 2018 late closure of sites causing potential work health and safety issues for staff in respect to long shifts and travelling at night during winter periods; and traffic counts have identified that some sites are not being utilised during some periods of the existing opening hours. To address these issues, it is proposed to standardise opening hours with morning opening hours being between 9:00am and 12:00pm and afternoon opening hours being between 1:00pm and 4:00pm. The following table compares current opening hours against the proposed changes to the operating hours. Barraba Landfill Day Current Operating Hours Proposed Operating Hours Monday 8:30am – 12:30pm 9:00am – 12:00pm Thursday 2:00pm – 5:00pm 1:00pm – 4:00pm Friday 8:30am – 11:30am 9:00am – 12:00pm Saturday 8:30am – 11:30am 9:00am – 12:00pm Sunday 9:00am – 12:00noon 9:00am – 12:00pm 1:00pm – 5:00pm 1:00pm – 4:00pm Bendemeer Transfer Station Day Current Operating Hours Proposed Operating Hours Wednesday 1:00pm – 5:00pm 1:00pm – 4:00pm Saturday 1:00pm – 5:00pm 1:00pm – 4:00pm Dungowan Transfer Station Day Current Operating Hours Proposed Operating Hours Wednesday 7:00am – 11:00am 9:00am – 12:00pm Sunday 1:00pm – 5:00pm 1:00pm – 4:00pm Duri Landfill Day Current Operating Hours Proposed Operating Hours Wednesday 7:30am – 11:30am 9:00am – 12:00pm Page 22
Tamworth Regional Council – Ordinary Council – 10 July 2018 Sunday 1:00pm – 5:00pm 1:00pm – 4:00pm Kootingal Small Vehicle Waste Transfer Facility Day Current Operating Hours Proposed Operating Hours Tuesday 7:30am – 12:30pm 9:00am – 12:00pm Friday 12:00pm – 5:00pm 1:00pm – 4:00pm Saturday 12:00pm – 5:00pm 1:00pm – 4:00pm Sunday 12:30pm – 5:00pm 1:00pm – 4:00pm Manilla Landfill Day Current Operating Hours Proposed Operating Hours Wednesday 8:00am – 12:00pm 9:00am – 12:00pm 1:00pm – 5:00pm 1:00pm – 4:00pm Friday 1:00pm – 5:00pm 1:00pm – 4:00pm Saturday 1:00pm – 5:00pm 1:00pm – 4:00pm Sunday 1:00pm – 5:00pm 1:00pm – 4:00pm Nundle Landfill Day Current Operating Hours Proposed Operating Hours Wednesday 1:00pm – 5:00pm 1:00pm – 4:00pm Thursday 8:00am – 12:00pm 9:00am – 12:00pm Sunday 7:30am – 11:30am 9:00am – 12:00pm Somerton Landfill Day Current Operating Hours Proposed Operating Hours 9:00am – 12:00pm Sunday 7:30am – 11:30am Additional weekday (Thursday) 1:00pm - 4:00pm The proposed opening hours do not change the number of site openings except for Somerton where an additional opening each Thursday (1:00pm – 4:00pm) is proposed bringing the Somerton site into line with all other sites by having a week day opening as well as a weekend opening period. Page 23
Tamworth Regional Council – Ordinary Council – 10 July 2018 As part of the operational review, traffic counts have been completed at each regional waste management facility to determine the distribution of traffic/transactions received at each waste management facility. A detailed report regarding traffic counts is ATTACHED, refer ANNEXURE 1, and summarised below: Waste Management Facility Average Number of Percentage of vehicles Vehicles per Opening within Revised Opening Hours Barraba 43 83% Bendemeer 37 71% Dungowan 52 71% Duri 12 62% Kootingal 51 69% Manilla 73 86% Nundle 40 87% Somerton 53 79% As can be seen by the above table, the majority of transactions would still take place within the proposed revised opening periods. This is particularly the case at the larger facilities i.e. Manilla and Barraba. It is recommended Council approve the changes to operational hours for regional waste management facilities with morning opening hours being between 9:00am and 12:00pm and afternoon opening hours being between 1:00pm and 4:00pm. These hours will have the following operational benefits: work health and safety issues are resolved; operational overtime is reduced or could be reallocated to maintenance activities to improve facility quality. It is expected that a minimum of 15 hours of over time based on current staffing levels could be removed or reallocated for maintenance activities. This saving equates to approximately $50,000 per annum; allows the centralised operating structure to ensure team communication and sites are opened on time in the event of rostered staff taking unexpected leave; and allows consistency of opening hours at all waste management facilitates throughout Council, and makes advising site opening times to members of the public easier. (a) Policy Implications Nil (b) Financial Implications There is potential operating saving in the order of $50,000 by implementing the recommended changes. (c) Legal Implications Nil Page 24
Tamworth Regional Council – Ordinary Council – 10 July 2018 (d) Community Consultation It is proposed to inform the community of changed opening hours by completing the following: signage to be installed at all waste management facilities providing users six weeks notice of the changes and implementation date of 1 September 2018; and Council waste management website will be updated to inform users of the change to hours. 9 GOVERNANCE, STRATEGY AND FINANCE 9.1 COUNCIL INVESTMENTS MAY 2018 – FILE NO SF8283 DIRECTORATE: CORPORATE AND GOVERNANCE AUTHOR: Rick Sanderson, Manager Financial Services 1 ANNEXURES ATTACHED RECOMMENDATION That in relation to the report “Council Investments May 2018”, Council receive and note the report. SUMMARY This report provides an overview of Council Investments for the month of May 2018. COMMENTARY In accordance with Section 212 of the Local Government (General) Regulation 2005, the details of all money Council has invested as at 31 May 2018, is ATTACHED, refer ANNEXURE 1. The following table provides a summary of the types of investments held and the institution they are held with: Institution On Call Term Deposit Floating Total % of Total Rate NAB 6,859,524 47,000,000 0 53,859,524 33.82% BOQ 0 5,000,000 0 5,000,000 3.14% CBA 0 42,000,000 6,000,000 48,000,000 30.14% St George 0 23,000,000 0 23,000,000 14.44% TCorp 16,381,114 0 0 16,381,114 10.29% Westpac 0 4,000,000 9,000,000 13,000,000 8.16% TOTAL 23,240,638 121,000,000 15,000,000 159,240,638 Page 25
Tamworth Regional Council – Ordinary Council – 10 July 2018 The amount invested at 31 May 2018, has increased by $4,264,164.78 since the previous month, with significant cash receipts due in the month of May. Cash transactions for May included significant receipts from the fourth instalments for the Financial Assistance grant, Regional Roads grants, and the Rates and Charges levy. Council’s investments mainly include restricted funds received for specific purposes or held for future renewal works for each of the three main funds, as summarised in the following table: Fund Restriction Amount % General Unrestricted 10,993,474 6.9% General Internally Restricted 53,895,534 33.8% General Externally Restricted 10,281,912 6.5% General Fund Total 75,170,920 47.2% Water Unrestricted 4,189,291 2.6% Water Internally Restricted 19,228,977 12.1% Water Externally Restricted 17,620,172 11.1% Water Fund Total 41,038,440 25.8% Sewer Unrestricted 4,357,140 2.7% Sewer Internally Restricted 25,521,697 16.0% Sewer Externally Restricted 13,152,441 8.3% Sewer Fund Total 43,031,278 27.0% Total Investments 159,240,638 Moneys received for each Fund can only be used within that Fund. An explanation for each category of restriction is described below. Unrestricted: These are funds required to meet short term cash flow requirements and contingencies to maintain solvency. Internally Restricted: Funds set aside for future commitments mostly relate to asset renewals, remediation works, or leave provisions. For General Fund, this includes self funding activities such as the Airport, Waste Management and Fleet operations. Externally Restricted: Funds provided for specific purposes such as developer contributions, grants and loans. The use of restricted funds is largely controlled by 10 – 20 year asset management plans which are included in the resourcing strategy of Council’s Community Strategic Plan. (a) Policy Implications All of Council’s investments are held in accordance with the ‘Tamworth Regional Council Investment Policy’ except for the one term deposit that is now below the minimum rating level due to a recent down grade. Page 26
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