Ordinary

MEETING NOTICE AND AGENDA

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 12 February 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

Leanne Barnes

General Manager

 

 

5 February 2014

 

TO:

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

COPY:

General Manager, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Business and Technology Manager, Mr Lucas Scarpin

Workforce and Administration, Manager
Ms Nina Churchward

Minute Secretary

 

 

 


PUBLISHING OF AGENDAS AND MINUTES

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

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for his presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

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

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


ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

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

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

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

 

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

Agency advice

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Division of Local Government (DPC)

(02) 4428 4100

dlg@dlg.nsw.gov.au

www.dlg.nsw.gov.au

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 


TO:   The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

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

Ordinary meeting held on _____ / _____ / 20___

dd            mm               yy

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                        Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Item no & subject

 

 

Interest (tick one)

Pecuniary interest                                        Non-pecuniary conflict of interest

 

* Nature of interest

 

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

Councillor

 

*  Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

 

 


Council                                                                                                        12 February 2014

 

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

 

1     Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 22 January 2014 as circulated, be taken as read and confirmed.

2     Apologies and requests for leave of absence

 

3     Declarations

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

4     Deputations (by prior arrangement)

 

5     Petitions

 

6     Mayoral Minutes

 

7     Adjournment to Standing Committees

RECOMMENDATION

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

8     Staff Reports – Sustainability (Planning and Environment)

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

8.1              Request for zoning of Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone........................................................................................ 10

8.2              Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage.................................................................... 14

8.3              Construction of an educational establishment - primary school........................ 53

9     Staff Reports – Liveability (Community and Relationships)

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

9.1              Seniors Week Grant Applications 2014........................................................... 74

9.2              Youth Week Grants 2014............................................................................... 76

9.3              The Far South Coast and the Great War Project - request for funding from Bega Valley Historical Society......................................................................................................... 78

10   Staff Reports – Enterprising (Economic)

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

10.1             Classification of land acquired by Council at Millingandi.................................. 82

10.2             Business Growth Plan.................................................................................... 88

10.3             Proposed disposal of Council land at Flora Street, Eden................................ 92

10.4             Establishment of a Business Growth Advisory Committee under Section 355 of the Local Government Act 1993.................................................................................... 95

11   Staff Reports – Accessibility (Infrastructure Waste and Water)

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

11.1             Management Models for Merimbula Airport................................................... 116

11.2             RFT 64/13 Construction Tender for Water and Sewer Mains Renewal/Upgrade Program 2013/14 and 2014/15................................................................................................ 173

11.3             Electricity Supply Contract for Small Tariff Sites........................................... 177

11.4             Road Closure and Sale of Land - Lot 2 DP 823209 Millingandi....................... 180

12   Staff Reports – Leading Organisation Governance and Strategy)

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

12.1             Bermagui Seaside Fair - request for financial assistance for fireworks............ 186

12.2             Certificate of Investments made under Section 625 of the Local Government Act 1993 189

12.3             Proposal from twinning program - Wabane Council, Cameroon (West Central Africa)    194

12.4             Quarterly Budget Review Statement (QBRS) - December 2013....................... 197

12.5             Community Strategic Plan - Half Year Review of 2013-14 Operational and Delivery Plan as of December 2013........................................................................................... 230

12.6             Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference                                                                                                                   242

12.7             Wenzhou Delegation.................................................................................... 244

12.8             Expressions of interest for community engagament and communications reference group                                                                                                                 248 .

13   Adoption of Reports from Standing Committees

RECOMMENDATION

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

 

14   Delegates Reports

 

15   Rescission/alteration Motions

 

16   Notices of Motion

16.1             Kalaru Race Course - amendments to planning proposal............................... 252

 

17   Urgent Business

 

18   Questions On Notice

 

19   Questions for the Next Meeting

 

20.. Confidential Business 

 

21   Adoption of reports from Closed Session

22   Resolutions to declassify reports considered in closed session

  

 


Council                                                                                                        12 February 2014

 

 

staff reports – Sustainability (PLANNING AND ENVIRONMENT)

 

12 February 2014

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

8.1              Request for zoning of Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone........................................................................ 10

8.2              Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage....................................... 14

8.3              Construction of an educational establishment - primary school............. 53


Council 12 February 2014                                                                                   Item 8.1

 

8.1.         Request for zoning of Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone     

 

In accordance with the Council resolution of 18 December 2013 a further report is submitted for Council’s consideration.

 

Group Manager Planning & Environment   

 

Background

A staff report regarding the request for rezoning of the land to B5 Business Development was submitted to the Council meeting held on 18 December 2013 with the following recommendation:

“That Council determines the request to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development”.

Council at its meeting held on 18 December 2013 resolved the following:

“1.     That the matter be deferred and a further report be prepared to determine if Lot 33 and Lot 34, DP 243029 can be zoned separately.

2.       That a site visit for Councillors be arranged.

3.       That a further report providing reasons to zone Lot 33 and Lot 34, DP 243029 R5 Large Lot Residential be provided to Council.”

Details of request to zone the land B5 Business Development

The submission from the owners of Lots 33 & 34 DP 243029 states that they “have been approached by a national company that wishes to purchase the corner lot [Lot 33] for a use that might best be described as for bulky goods or hardware”. They request the application of the B5 Business Development Zone that was recently adopted by Council (and that is yet to be approved by the Minister for Planning & Infrastructure) on the basis that the proposed use will provide an economic boost to the region and is located on a prominent corner opposite an established B1 zone.

The B5 Land Use Table proposed for LEP 2013 including appropriate zone objectives and nominated permissible land uses is as follows:

Zone B5 Business Development

1   Objectives of zone

•  To enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

•  To cater specifically for uses that require a high degree of visibility and accessibility to passing traffic and that generate a high proportion of single purpose vehicle trips.

•  To enable the establishment of an aquaculture, agricultural produce and tourist precinct at Arthur Kaine Drive, Merimbula.

2   Permitted without consent

Environmental protection works

3   Permitted with consent

Agricultural produce industry; Building identification sign; Bulky goods premises; Business identification sign; Child care centres; Community facilities; Educational establishments; Function centres; Garden centres; Hardware and building supplies; Highway service centres; Hotel or motel accommodation; Information and education facilities; Landscaping material supplies; Light industries; Passenger transport facilities; Public administration buildings; Recreation facilities (indoor); Research stations; Respite day care centres; Restricted premises; Roads; Service stations; Sewerage systems; Storage premises; Transport depots; vehicle body repair workshop; Vehicle repair station; Vehicle sales or hire premises; Warehouse or distribution centres; Water supply systems.

4   Prohibited

Any development not specified in item 2 or 3

The submission states that the B5 zone is the most appropriate zone for the land because:

·   the site is high visibly

·   the high levels of existing development (where permissible) on adjacent land will restrict additional business development to the two proposed lots

·   the uses permitted in the zone will not substantially impact on adjoining properties

·   the proposed use meets the objectives of the zone.

DETAILS OF SITE INSPECTION

Councillors inspected the site on 15 January 2014 and reviewed adjoining land uses.

ZONING OF LOT 33 and LOT 34 SEPARATELY

Lot 33 and 34 are individual lots and are able to be zoned separately. Staff in the report to Council on 18 December 2013 recommended that if a B5 zone was to be applied it should apply to both lots in order to support the best opportunity for future uses of both lots to be compatible.

REASONS TO ZONE BOTH LOTS R5 LARGE LOT RESIDENTIAL

In accordance with the 18 December 2013 resolution the following reasons are provided for Council’s consideration:-

·      Lots 33 and 34 are deferred sites under BVLEP 2013 and are currently zoned 1(c) Rural Small Holdings under BVLEP 2002. The objectives of the 1(c) zone are:

(a)   to facilitate and provide rural residential development in appropriate locations, taking into account natural constraints and agricultural land,

(b)   to maintain and enhance the character, amenity and landscape quality of rural residential areas,

(c)   to control the intensity of rural residential development having regard to the physical limitations of the land and the costs and limitations of the provision of public amenities and services,

(d)   to provide opportunities for an agricultural use of the land that is compatible with surrounding residential development.

R5 Large Lot residential zone would be a like for like zone with the objectives of the R5 zone being:

•    to provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

•    to ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

•    to ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

•    to minimise conflict between land uses within this zone and land uses within adjoining zones.

·      A R5 zoning would be consistent with the zoning of the large lot residential land fronting Sapphire Coast Drive in this area to the northern extremity of Tura Beach.

·      The scale and type of development permitted in a R5 zone would be compatible with the adjoining Mariner Park seniors’ living development.

Should Council wish to support an R5 zone, then staff recommend a 1 hectare average lot size in order to be consistent with other R5 land fronting Sapphire Coast Drive.

Conclusion

Council previously considered a staff report on this matter on 18 December 2013. In accordance with the resolution of Council this report contains advice on separately zoning each lot and also reasons for consideration of a R5 zoning.

A site inspection was carried out by Councillors on 15 January 2014.

 

ATTACHMENTS

Nil

 

Recommendation

That Council determines the matter.

 


Council 12 February 2014                                                                                   Item 8.2

 

8.2. DA No. 2013.199: Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage       

 

General Manager   

 

 

Applicant

Great Southern Developments Pty Ltd

Owner

AAP Investments (Aust) Pty Ltd

Site

Lot 14 DP 250841, 142-144 Imlay Street, Eden

Zone

2(e) Urban Zone – Bega Valley Local Environmental Plan 2002 (application lodged prior to gazettal of BVLEP 2013)

Site area

2,886m2

Proposed development

Demolition of existing building and construction of new supermarket, liquor store, speciality retail shop and associated signage

Precis

In accordance with the resolution at the Council meeting held on 18 December 2013 attached to this report are draft reasons for refusal.

The draft reasons have been prepared having regard to the provision of Section 79C of the Environmental Planning and Assessment Act 1979 and the issues raised in submissions received by Council in respect of the proposed development.

Also included in the report are the findings of the peer review of the submitted Economic Impact Analysis which was carried out by economic consultants Hill PDA.

The application is presented to Council for determination.

Background

A staff report in respect to the proposed development was submitted to the Council meeting held on 18 December 2013 with the following recommendations:

“1.     That Development Application No. 2013.199 for the demolition of the existing building and the construction of a new supermarket, liquor store, speciality retail tenancy, on-site carparking, landscaping and associated signage on Lot 14 DP 250841 (No. 142-144) Imlay Street, Eden be approved subject to conditions as detailed in the draft consent.

2.       That those persons who made a submission be advised of Council’s decision.”

Council at its meeting held on 18 December 2013 resolved the following:

“1.     That following the public deputations the matter be deferred in keeping with the Code of Meeting Practice for a further report to Council incorporating further assessment of the economic impact analysis.

2.       That the General Manager be asked to provide a report to the next available meeting advising the Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of DA 2013.99.

3.       That the report include reasons for refusal in the event that Council determines to refuse the development application.”

Description of the proposal

The application provides for the demolition of the existing hotel and accommodation building and the construction of a new contemporary designed retail facility comprising:

i.        Ground floor supermarket (1,098m2) and first floor office (225m2), storage area (141m2), plant room (160m2) and staff facilities (72m2).

ii.       Ground floor Liquor shop (200m2).

iii.      Speciality retail shop (587m2).

iv.      Common loading dock, enclosed bin storage area and lift lobby and stairs.

v.       On-site carparking for 7 vehicles and utilisation of carparking in Council’s adjoining carpark.

vi.      Bicycle rack and seating.

vii.     Pedestrian walkway linking Imlay Street and Council’s carparking area to the rear.

viii.    Associated signage.

Customer access to the proposed development would be provided from both Imlay Street and from Council’s carparking area to the rear. Service vehicles would access the site via Council’s carpark entering from Bass Street and exiting to Calle Calle Street over existing unnamed laneways.

A full set of the plans will be available for viewing at the Council meeting.

Description of the site and adjoining lands

The site is located on the eastern side of Imlay Street and immediately adjoins Council’s carparking area to the rear.

The site is relatively flat and has a total site area of 2,886m2.

The site is currently occupied by a two storey building known as the Hotel Australasia which ceased trading in 2010. The building comprises a hotel component, residential accommodation and drive through bottle shop.

A large sealed informal carpark/driveway area exists to the rear of the building together with a fenced children’s play area.

At present, the site has an informal sealed vehicle/pedestrian corridor linking Imlay Street and Council’s carpark area. The link formed the driveway to the bottle shop component of the hotel when trading.

The site is located within the Eden Town Centre commercial/retail precinct. The commercial and retail activities within the Centre are generally orientated and focused along the Imlay Street frontage. Adjoining and nearby properties are mostly characterised by commercial/retail land uses.

The Eden Post Office is located immediately to the north. A residence exists to the rear of the post office building and has a contemporary two storey design and well maintained landscaped surrounds.

A number of other dwellings are located in the near vicinity.

Section 79C – Matters for consideration

Section 79C of the Environmental Planning and Assessment Act 1979, requires a consent authority to take into consideration such of the following matters as are of relevance to the development the subject of this development application.

(1)(a) the provisions of:

(i)      any environmental planning instrument, and

(ii)      any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii)     any development control plan, and

(iiia)   any planning agreement that has been entered into under section 93F, or any drafting planning agreement that a developer has offered to enter into under section 93F, and

(iv)    the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v)     any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates,

(b)     the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c)     the suitability of the site for the development,

(d)     any submissions made in accordance with this Act or the regulations,

(e)     the public interest.

In formulating the draft reasons for refusal regard has been given to the issues raised in submissions received objecting to the proposed development, deputations to Council and issues raised during Councillor debate.

These matters are particularly relevant when considering Section 79C (1)(d) and (e).

[Refer Attachment 1 – Draft Reasons for Refusal]

DETAILS OF PEER REVIEW – ECONOMIC IMPACT ANALYSIS

Hill PDA was engaged to carry out a peer review of the Economic Impact Assessment (EIA) undertaken by Location IQ and submitted with the development application as supporting information. It should be noted that Hill PDA was previously engaged by Council to peer review the EIA for the proposed supermarket at Bermagui.

The Hill PDA report includes the following summary and recommendation:

·        The proposed development is situated within a defined Town Centre and the facilities proposed are commensurate with the role and function of a centre of this nature;

·        The defined Market Trade Area (MTA) and socio-demographic analysis in the EIA are reasonable;

·        The population forecasts used in the EIA appear to be higher than Forecast.id projections;

·        The expenditure assumptions are greater than those sourced by Hill PDA for a comparable area and there are some inconsistences in the expenditure tables in the EIA;

·        The estimated level of trade capture from residents in the MTA, which is currently directed to centres outside of the MTA, is unrealistic given that the retail offer in Eden would not change to a greater extent and it would still lack a large full-line supermarket;

·        The sales potential of the proposed development has been underestimated in the EIA by around $4m in 2016. The trading impacts quantified in the EIA are thus greater; and

·        The proposed development would deliver a number of positive benefits including: direct and indirect employment; construction related multipliers; improvements in the range of retail floorspace provided; and the promotion of choice in the retail sector;

Hill PDA’s bespoke modelling and assessment has revealed that:

The proposed development would lead to an oversupply of specialty retail floorspace until 2021 and a protracted oversupply of supermarket floorspace extending beyond 2026. This in itself is not a reason for refusal;

The proposed development would deliver a net community benefit on account of the strong positive benefits of improved competition, choice, additional employment, increased economically beneficial land use, multipliers associated with the construction process and more sustainable travel patterns compared to more limited and short-term adverse community impacts;

Existing supermarkets in Eden will suffer the greatest loss of trade and under the strongest impact scenario the IGA could close. However any closure will be more than made good by the positive impact the proposed development would have on the overall trading performance, role and competitiveness of the Eden town centre as a whole; and

Trading impacts on other centres such as Merimbula, Tura Beach and Bega would be insignificant – well below 5% loss in trade which would be absorbed very quickly by population growth.

As such we do not believe that there are grounds to refuse this proposal on the grounds of economic impact.

The full report is included as Attachment 2 to this report.

conclusion

In accordance with the Council resolution of 18 December 2013 reasons for refusal have been provided as per Attachment 1.

The report includes details of the peer review of the Economic Impact Analysis and a full copy of the review carried out by Hill PDA is included as Attachment 2.

Council previously considered a staff report on 18 December 2013, which highlighted the key matters for consideration in relation to the proposed development and recommended approval subject to conditions as per Attachment 3.

It is recommended that Council determine the application.

 

ATTACHMENTS

1View. Draft Reasons for Refusal

2View. Hill PDA - Peer Review of Economic Impact Analysis

3View. Draft Conditions of Consent

 

Recommendation

1.      That Development Application No. 2013.199 being for the demolition of existing building and construction of a new supermarket, Liquor store, speciality retail tenancy and associated signage at Lot 14 DP 250841 (142-144) Imlay Street, Eden be determined.

2.      That those persons who made a submission be advised of Council’s decision.

 

 


Council

12 February 2014

Item 8.2 - Attachment 1

Draft Reasons for Refusal

 

1.       That Development Application 2013.199 for the demolition of the existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage on Lot 14 DP 250841 (142-144) Imlay Street Eden be refused for the following reasons:

a.       The proposed development would be contrary to Clause 23(2)(b) of the Bega Valley Local Environmental Plan 2002 as demolition of the existing building would result in a significant change to the existing and historic character of the Eden Urban area.

b.       The proposed development would be contrary to Clause 65(1)(a)(vi) and Clause 28(2)(f) of the Bega Valley Local Environmental Plan 2002 and the provisions of Council’s adopted Development Control Plan 40 – Port of Eden Town Centre May 2007 as it involves the demolition of the existing building which has a significant historical value within the streetscape and to the greater Port of Eden.

c.       The proposed development would be contrary to the requirements of Council’s adopted Development Control Plan No. 7 – Off street car parking July 2007 in that insufficient on-site carparking is to be provided to cater for the requirements of the development.

 

 


Council

12 February 2014

Item 8.2 - Attachment 2

Hill PDA - Peer Review of Economic Impact Analysis

 


Council

12 February 2014

Item 8.2 - Attachment 3

Draft Conditions of Consent

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 12 February 2014                                                                                   Item 8.3

 

8.3. DA No. 2012.217:  Construction of an educational establishment - primary school       

 

General Manager   

 

 

Applicant

Michael Francis Lyons

Owner

As above

Site

Lot 112 DP 844918 and Lots 113 & 115 DP 1118389, Kulbardi Close, Bournda

Zone

1(a) Rural General Zone under Bega Valley Local Environmental Plan 2002 (application lodged prior to gazettal of BVLEP 2013)

Site area

72.97 hectares

Proposed development

Construction of an educational establishment – primary school

Precis

In accordance with the resolution at the Council meeting held on 18 December 2013 attached to this report are draft conditions of consent for Council’s consideration.

Also included in the report are details of the site inspection held on 15 January 2014.

Background

A staff assessment report for the proposed development was submitted to the Council meeting held on 18 December 2013 with the following recommendations:

“1.     That Development Application 2012.217 for the construction and establishment of a primary school on lot 112 DP 844918 and lots 113 & 115 DP 11188389 Kulbardi Close, Bournda be refused for the following reasons:

·      the proposal is not consistent with the objectives of the Rural 1(a) zone as

·      required by Clause 8(3) of Bega Valley Local Environmental Plan 2002.

·      The proposal is contrary to Clause 12(2)(b) of Bega Valley Local Environmental Plan 2002 as it would create undesirable environmental and cultural impacts by way of traffic impacts and the development being out of character with the rural landscape and existing development of the locality.

·      The proposal is contrary to Clause 12(2)(d) of Bega Valley Local Environmental Plan 2002 as the scenic amenity and landscape quality of the area would not be maintained by way of traffic impacts and the development being out of character with the rural landscape and existing development of the locality.

·      The proposal is contrary to Clause 12(2)(g) of Bega Valley Local Environmental Plan 2002 as it does not promote the economic provision of services compatible with the nature and intensity of development and character of the area as pedestrian and bicycle access to the site is to be prohibited due to road safety issues and distance from the nearest residential community.

·      The development is contrary to Clause 65(1)(a)(v), (vi) & (vii) of Bega Valley Local Environmental Plan 2002 as it is not in keeping with the rural setting and character of the locality and not in keeping or scale with neighbouring development.

·      The development is contrary to Clause 65(1)(a)(xiv) of Bega Valley Local Environmental Plan 2002 as it would result in a significant increase in traffic generation along Kulbardi Close which would result in a loss of amenity and enjoyment to existing residents in the area.

·      The intensity and nature of the increased traffic generation would be incompatible with the existing rural amenity of the locality.

·      The proposed development is contrary to the zone objectives of the RU2 “Rural Landscape” Zone of the land under Bega Valley Local Environmental Plan 2013 as it would not maintain the rural landscape character of the locality and is not a compatible land use.

·      The location of the proposed development is not consistent with the guidelines for the location of schools outlined in the publication “Integrating Land Use and Transport” dated August 2001 as the nearest neighbourhood/community is 4km away. Furthermore, pedestrian and bicycle access would be prohibited.

·      The proposal does not promote ecologically sustainable development principles due to the total reliance on private vehicles and buses for access to the school.

2.       That those parties who made a submission during the exhibition period be formally notified of Council’s decision.”

Council at its meeting held on 18 December 2013 resolved the following:

“1.     That following a deputation by the owner/applicant the matter be deferred in keeping with Council’s Code of Meeting Practice and a site inspection be arranged for Councillors.

2.       That the General Manager be asked to provide a report to the next available meeting advising the Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable the granting of consent by Council to DA 2012.217.

3.       That the report include suitable draft conditions of consent in the event that Council determines to grant consent to the development application.”

Description of the proposal

The application provides for the construction and establishment of a primary school designed to cater for an enrolment of up to 250 students and 20 staff over an eight year period.

Access to the proposed school would be provided from Kulbardi Close. The road is constructed to a 6 metre wide gravel formation and is maintained by Council. The application proposes the upgrade of the road and its intersection with Sapphire Coast Drive in accordance with the requirements of Council and the RMS.

Student access to the proposed school would be limited to private vehicle or bus only with pedestrian/cycle access not being permitted. The applicant has submitted that a school enrolment contract will be required to be signed by parents stipulating that all children must be transported to and from the school by private car or bus. Children of parents who do not accept the contract will not be enrolled at the school. The applicant has submitted that such a contract is legally binding for private schools.

Internal access to the school site would be provided over the existing driveway servicing the subject land. The driveway access would be upgraded to a fully sealed standard catering for cars and buses. A ‘kiss and drop’ zone for at least 6 vehicles would also be integrated into the design of the driveway to lessen potential pedestrian/vehicle conflicts arising from children being dropped/collected from the Kulbardi Close frontage.

On site sealed carparking for 70 vehicles is proposed. The applicant has submitted that the proposed carparking would far exceed that normally required on a day to day basis during the school term. As a comparison, Council’s requirements under Development Control Plan 7 – Off Street Car Parking would require the provision of 22 on-site spaces.

The proposed school building would be located on a minimum building setback of 117 metres from Kulbardi Close and 97 metres from Sapphire Coast Drive. The proposed building site would be excavated to a depth of approximately 1.5 metres to provide a level building platform and to help accommodate outdoor open space/ playground areas. Equitable access for people with disabilities is to be provided.

The proposed school building would be single storey construction, with a maximum height of 5.7m to the ridgeline of the roof and configured in a ‘horse shoe’ shape. The building would comprise 7 individual classrooms, toilet facilities, temporary canteen, clerical offices, staff facilities, temporary library and hall.

The applicant has advised that sustainable building construction and standards would be incorporated into the siting and design of the building with the ambition to “achieve a high standard of sustainability and best practice design principles to promote a productive and enriched learning and teaching environment”.

The applicant has submitted that the proposed buildings would be constructed using environmentally sustainable masonry blockwork with a curved rough sandstone finish. The roof would be constructed in clay tiles. Colour treatments would be chosen to blend the building into the natural environment.

The proposed building would incorporate a verandah and covered walkways designed to provide shelter during periods of hot and inclement weather. A covered outdoor assembly/ learning area is proposed together with large areas of open play space.

The proposed building and immediate outdoor areas would be fenced to ensure security. In addition, and in the interest of road safety, the property frontages to Kulbardi Close and Sapphire Coast Drive are also to be fenced to preclude direct pedestrian access.

The curtilage of the school would be landscaped for the benefit of the school environment and to reduce the visual impact of buildings and carpark areas. All existing mature trees would be retained.

Electricity and telecommunication reticulation is available, but would be upgraded as necessary.

On-site sewage management is proposed in accordance with Council’s requirements. Roof rainwater for school use would be collected, channelled into 2 x 140,000 litre underground tanks and suitably filtered and purified to acceptable standards. Twenty thousand litres would be reserved specifically for firefighting purposes.

Description of the site

The subject land is located approximately 4 kilometres to the north-west of the Tura Beach estate on the northern side of Sapphire Coast Drive at its intersection with Kulbardi Close.

The land generally rises up from its road frontages to a relatively level plateau area before falling to the north/north west towards Sandy Creek. The land has been extensively cleared and, for many years, used for light grazing purposes. The land contains two single storey dwellings and farm buildings. All are located on large building setbacks from either Sapphire Coast Drive and/or Kulbardi Close. The buildings sit well in the natural environment and have negligible visual impact.

The land supports corridors of mature vegetation along Sandy Beach Creek, Kulbardi Close and Sapphire Coast Drive.

The land immediately adjoins the Bournda National Park to the north.

Privately owned lands having frontage to Sapphire Coast Drive are located directly opposite. These lands are characterised by rural residential type development and significant uncleared areas of native vegetation.

To the east/south-east of the subject land and fronting Kulbardi Close are a number of concessional lots. These lots maintain a rural residential character and support single storey dwellings and outbuildings. Dwellings on these lots have been sited to take advantage of the visual character and rural amenity enjoyed over adjoining land to the east/south-east. Accordingly, indoor/outdoor private living areas are largely orientated away from the school site.

 

dETAILS OF SITE INSPECTION – 15 JANUARY 2014

Councillors inspected the subject land on 15 January 2014. As part of the discussions the opportunity for revised access arrangements was raised, in particular minimising the potential impact on existing residents and the environment of Kulbardi Close.

Group Manager Infrastructure Waste and Water has provided the following comments:

The proposed access of Kulbardi Close could be relocated closer to the Sapphire Coast Drive intersection. Based on current standards for ‘Offset T Intersections’ and queuing distance required for bus and vehicle traffic at peak times a distance of 124m is recommended from the Sapphire Coast Drive intersection. The location would also reduce any potential headlight impact on the first dwelling along Kulbardi Close from any night time use of the proposed facility.

Section 79c – matters for consideration

Section 79C of the Environmental Planning and Assessment Act 1979, requires a consent authority to take into consideration such of the following matters as are of relevance to the development the subject of this development application.

(1)(a) the provisions of:

(i)         any environmental planning instrument, and

(ii)        any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii)       any development control plan, and

(iiia)     any planning agreement that has been entered into under section 93F, or any drafting planning agreement that a developer has offered to enter into under section 93F, and

(iv)       the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v)       any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates,

(b)     the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c)     the suitability of the site for the development,

(d)     any submissions made in accordance with this Act or the regulations,

(e)     the public interest.

In formulating the draft conditions of consent regard has been given to the issues raised in submissions received objecting to the proposed development, comments of the RMS and Council’s adopted codes and policies.

[Attachment 1 – Draft conditions of consent]

conclusion

Council previously considered a staff report on 18 December 2013, which highlighted the key matters for consideration in relation to the proposed development and recommended refusal of the application.

Councillor’s inspected the site on 15 January 2014 and the report includes comments regarding alternative access arrangements.

In accordance with the Council resolution of 18 December 2013 draft conditions of consent have been provided for Council consideration and are included as Attachment 1.

It is recommended that Council determines the application.

 

ATTACHMENTS

1View. Draft conditions of consent

 

Recommendation

1.      That Development Application No. 2012.217 being for the construction of an educational establishment at Lot 112 DP 844918 and Lots 113 & 115 DP 1118389 Kulbardi Close, Bournda be determined.

2.      That those persons who made a submission be advised of Council’s decision.

 

 


Council

12 February 2014

Item 8.3 - Attachment 1

Draft conditions of consent

 

 

 

 


 

staff reports – LivEability (community and relationships)

 

12 February 2014

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

9.1              Seniors Week Grant Applications 2014....................................................... 74

9.2              Youth Week Grants 2014............................................................................... 76

9.3              The Far South Coast and the Great War Project - request for funding from Bega Valley Historical Society............................................................................................. 78


Council 12 February 2014                                                                                   Item 9.1

 

9.1.         Seniors Week Grant Applications 2014     

 

 

 

Acting Group Manager Community and Relationships   

 

Background

As part of the celebrations of Seniors Week, Council provides a number of small grants to local not for profit organisation to assist them in staging various events across the Shire.  Council will continue to host the Golden Gig Concert and Luncheon as a separate event.

A public notice was placed in local newspapers, on Council’s website and emails were sent to many appropriate groups advising of the grants.  Application and guidelines provide clear instruction and eligibility criteria for applicants and are available on Council’s website.

Seniors’ week occurs on the 15th – 23rd March 2014.  Events reflect the diversity of skills and interests in the Shire providing numerous opportunities for people to get involved and ‘live life’ to the full.  Applications were received from eight organisations across the Shire, all eight met the eligibility criteria and all are recommended for funding.

ISSUES

Social / Cultural

Providing activities for older people to address issues of social isolation have been identified in Council’s Social Issues Paper.

Strategic

Issues affecting older people are identified in Councils Community Strategic Plan and in the 5 year strategic actions under Liveability.

Financial

There is no financial impact on the budget as the small grants program is included in the Community Services budget for Seniors week.

.

 

Funding source

 

Amount

Community Services

$

3800.00

 

Resources (including staff)

Community Development Staff will have minimal input in organising these events; all funded events will be included in the Senior’s week calendar.

Conclusion

The organisations recommended for funding under the seniors week small grants program all met the criteria for funding and all eight applications are recommended for funding. The projects represent a broad range of activities for older people to participate in across the Shire.

 

ATTACHMENTS

1.         220114 seniors week grant recommendations confidential memo (Councillor Only) (Confidential)

 

Recommendation

That the following organisations are allocated funding through the 2014 Seniors Week Small Grants program (names to be inserted).

 


Council 12 February 2014                                                                                   Item 9.2

 

9.2.         Youth Week Grants 2014     

 

 

Acting Group Manager Community and Relationships   

 

Background

National Youth Week 2014 will be held between April 4th – 13th and provides the community with activities focusing on the positive contributions that young people can and do make in our area.  The theme for 2014 is ‘Our Voice, Our Impact’.

For the past seven years Bega Valley Shire Council has funded activities that promote a positive image of young people to the wider community via the Youth Week Small Grants program.

Youth Week Small Grants are intended to partially fund Youth Week activities by a community organisation that will involve a cross section of the community.

A public notice was placed in local newspapers, radio and on the Council website advising of the Youth Week Small Grants Program.  Contact was also made with appropriate youth and indigenous organisations that may be interested in being involved.  The total budget for the Youth Week Small Grants is $5000 which is available for distribution across Bega Valley Shire and applications can be considered for projects up to $1000.

Applications were received from five organisations from across the Shire, all five of these applications met the eligibility criteria and all are recommended for funding.  Individual applicant details are outlined in the attached confidential memo.

ISSUES

Social / Cultural

Providing meaningful activities for young people has been identified as one of the key issues in Council’s Social Issues Paper.

Strategic

Issues affecting young people are identified in Councils Community Strategic Plan and in the 5 year strategic actions under Liveability.

 

Financial

There is no financial impact on the budget as the small grants program is included in the Community Services budget for youth activities.

Funding source

 

Amount

Community Services

$

5000.00

 

Resources (including staff)

Community development staff will have minimal input in organising this event; all funded events will be included in the youth week calendar.

Conclusion

The organisations recommended for funding under the youth week small grants program all met the criteria for funding and all five applications are recommended for funding. The projects represent a broad range of activities for young people to participate in across the shire.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors (Councillor Only) (Confidential)

 

Recommendation

That the following organisations are allocated funding through the 2014 Youth Week Small Grants program (names to be inserted)

 


Council 12 February 2014                                                                                   Item 9.3

 

9.3.         The Far South Coast and the Great War Project - request for funding from Bega Valley Historical Society     

 

The Bega Valley Historical Society is seeking support for an educational and exhibition program about the Great War and the local area, to coincide with the Anzac Centenary year.

 

Acting Group Manager Community and Relationships   

 

Background

Bega Valley Historical Society (BVHS) is an organisation of volunteers that have, over many years, built one of the largest historical collections in the region. The Pioneers' Museum contains every aspect of early life in the Bega Valley - industries, clothing, military, machinery, transport, household effects, as well as family histories. A collection of over 200 framed photographs of pioneers is the largest in the NSW; they have a large collection of local militaria from the Boer War, WWI & WWII and a very impressive family history collection.

To mark the centenary of World War I, Bega Valley Historical (BVHS) society is proposing to mount a major exhibition to commemorate the significant contribution this region made to World War I (The Great War) and to highlight the impact of this cataclysmic event on the region.

The project will have three main components, a static display in the Pioneers Museum in Bega, a mobile exhibition that will travel across the Shire visiting schools, aged care facilities and other community organisations; there will also be web based and printed information on the project.

The total project cost is expected to be $22,500 and the exhibition will run, primarily supported by BVHS members, over four years from January 2015.  The main project costs will be in the establishment of the static exhibition and in taking this exhibition around the Shire. A Project Manager has been appointed; Mr Peter Lacey is a published and well regarded expert on WWI and its impact on the region.

The Society is seeking a financial contribution from Council of $5000. The remainder of the funding will be sought from other funding sources including the Department of Veteran Affairs through its ANZAC Centenary program. 

ISSUES

Social / Cultural

The contributions of people from the region to World War I form part of our history and culture, it is important for a community to be given an opportunity to learn about its past and for that history to be made accessible to the broader community. The project will be delivered across the shire to a range of community groups and to people of all ages.

Financial

The request for funding was submitted prior to Council adopting the financial assistance procedure at its January 22 meeting.  The support of Council will be beneficial to the BVHS in their request for funding from the Department of Veterans Affairs which will be submitted in March this year. It is not expected that the funding will be required until the 2014/15 year however if Council resolve to support the project it can be held against the final allocations for the next year’s budget, however there is $26,000 remaining in the 2013/14 vote with some expected expenditure of in-kind support for Bermagui Seaside Fair and the Merimbula Jazz Festival

Funding source

 

Amount

Donations – unexpended vote

$

26,000

 

Resources (including staff)

There will be some liaison work between Council staff from the Community and Relationships section and the BVHS; however no additional staff resources will be required.

Conclusion

The people of the Far South Coast made significant contributions and sacrifices during the Great War. This project will help to tell the stories of not only those that went to war but of the people and communities that remained behind, and will develop resources that can be used beyond the life of the project. 

The Bega Valley Historical Society is a well-known and respected organisation, and is well placed to deliver the project.

 

ATTACHMENTS

Nil

 

Recommendation

1.         That Council determine its level of support for the “Far South Coast and the           Great War” project.

2.         That Council provide a letter of support for the project.

  

 


Council                                                                                                        12 February 2014

 

 

staff reports – enterprising (economic)

 

12 February 2014

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

10.1           Classification of land acquired by Council at Millingandi........................ 82

10.2           Business Growth Plan.................................................................................... 88

10.3           Proposed disposal of Council land at Flora Street, Eden......................... 92

10.4           Establishment of a Business Growth Advisory Committee under Section 355 of the Local Government Act 1993..................................................................................... 95


Council 12 February 2014                                                                                  Item 10.1

 

10.1.       Classification of land acquired by Council at Millingandi     

 

Council is in the process of acquiring Lot 100 DP1192435 being the land at Stringybark Place and Princes Highway, Millingandi (“the land’). Once the land has been acquired, Council must classify the land as either operational land or community land in accordance with the Local Government Act 1993 (“the Act”).

 

Business and Technology Manager  

 

Background

On 12 June 2012, Council resolved to acquire the land following registration of the plan of subdivision for the former Lot 1 DP34905, owned by Tanay Pty Ltd, for the purpose of locating the Stringybark sewage pump station and creation of a private sewer rising main easement to connect Acacia Ponds Village to Council’s sewage pump station.

Once Council acquires the land, it must then classify the land as either ‘community land’ or ‘operational land’ in accordance with the Act.

ISSUES

Legal

The plan of subdivision was registered at the Land Property Information office (LPI) on 15 January 2014. Council is now in a position to acquire the land in accordance with the agreement entered into with Tanay Pty Ltd dated 30 September 2010.

Policy

The two categories of land under the Act determine how public land is managed. Community land is generally open to the public and operational land is generally used for other purposes such as works depots, or held by Council as an asset.

As the land will be held and used for Council infrastructure, then it should be classified as operational land.

Section 31(2) of the Act provides that within 3 months after it acquires land, a Council may resolve that the land be classified as community land or operational land. If the land is not classified by the end of the three month period, then the land is taken to be classified as community land.

Section 34 of the Act further provides that Council must:

1.   give public notice of the proposed resolution to classify land; and

2.   allow submissions to be made by any person for a period of 28 days.

If Council wishes to classify the land as operational land then it must:

1.   give notice of this intention (refer draft notice in Attachments); and

2.   invite submissions for 28 days.

In terms of the timing, it is likely that Council will acquire the land in February or March 2014, requiring the public notice to be advertised around the same time.

Following the close of the submissions period, the matter can be reported to Council again at which time Council may then choose to adopt a resolution classifying the land as ‘operational land’.

If this does not take place, the land will default, under section 31(2) of the Act, to be ‘community land’.

Strategic

This report supports Council’s goals of good governance.

Financial

In accordance with the valuation, the land is to be acquired for $21,000 exclusive of GST. The costs associated with the acquisition and easement creation were allowed for in the approved capital works budget.

Funding source

 

Amount

Sewer Fund (New Asset Reserve)

$

21,000

 

Conclusion

Council has agreed to acquire the land at Lot 100 DP 1192435. Once Council acquires the land, it must then classify the land as either ‘community land’ or ‘operational land’ in accordance with the Act.

Council intends to classify the land as operational land upon acquisition

 

ATTACHMENTS

1View. Map - Stringybark Place, Millingandi

2View. Deposited Plan 1192435

3View. Draft Public Notice

 

Recommendation

1. That Council give public notice of its intention to classify Lot 100 DP1192435 as
    Operational Land once acquired.

 


Council

12 February 2014

Item 10.1 - Attachment 1

Map - Stringybark Place, Millingandi

 


Council

12 February 2014

Item 10.1 - Attachment 2

Deposited Plan 1192435

 


Council

12 February 2014

Item 10.1 - Attachment 3

Draft Public Notice

 


Council 12 February 2014                                                                                  Item 10.2

 

10.2.       Business Growth Plan     

 

 

Presentation of the draft Business Growth Action plan to Council, including an action plan on the projects and initiatives to be implemented over the next twelve months. 

 

Business and Technology Manager   

 

Background

Council adopted the Integrated Planning and Reporting (IPR) framework in June 2009. Since then considerable work has been done on a number of the components of the framework, including the development of various strategies. In December 2010, Council adopted a number of those draft strategies, including a Business Growth Strategy, to inform the Community Strategic Plan.

Since the appointment of the Business Growth Co-ordinator in July 2013, staff have been researching and refining specific proposals to assist growth in the business community across the Shire.

Council aims to facilitate, encourage and support the Shire’s business sector across all industries, aiming to foster a vibrant, diversified, and resilient local economy for residents and visitors.

Council aims to focus on the broader business sector without focusing on any one industry at the expense of another, through:

·    Providing support to established businesses of the Shire. Assisting in navigating regulatory processes, providing business education and excelling at business practises (marketing, finances, employment, etc.), as well as building relevant relationships within and outside the Shire;

·    Identifying gaps in the local economy and presenting opportunities to the relevant industry bodies to encourage investment in our region

·    Investigating means and methods by which Council can leverage its resources to assist, seed, or develop within the local economy to achieve real outcomes.

Attached to this report is a draft Business Growth Action plan which outlines a detailed set of initiatives for implementation over the next twelve months. These initiatives also articulate the role that Council will play in each initiative (Advocate, Facilitate, Support, and Undertake).

Specifically, the draft Business Growth Action plan proposes the following major initiatives over the course of the next twelve months:

·    The establishment of a section 355 Business Growth Advisory Committee.

·    Implementation of an Economic Gardening initiative that will provide quality information to the business community as well as education opportunities to embrace improving local economies.

·    Implementation of regulatory guidance processes to assist local and incoming businesses navigate the regulatory environment. This includes Council, State and Federal regulatory processes. It is proposed that is to be through direct support as well as electronic support to businesses. 

·    Implementation of the adopted Land Investment Strategy by strategically releasing developable land in communities.

·    Completion of a number of in-train projects as well as continuing to support a number of large projects taking place in the Shire where Council is not the lead agency but has a role to play in the broader economic influence such as;

Tourism signage

Entrance signage

Operator signage

Business Growth Expo

Support of NBN Rollout & fixed wireless

Support initiatives which will arise from the development of the South East Regional Hospital

Support and encourage business initiatives which will arise from the Eden port development

Support associated Airport initiatives

Considerable research has informed the Business Growth Action plan. This research will be made available in an updated Live, Work, Invest webpage to provide more effective information to current and prospective business owners in the shire.

ISSUES

Policy

The draft Business Growth Action plan calls for a review of the Business Growth strategy under the Business Growth Advisory Committee to ensure Council’s direction meet the current needs of the community. This review may also result in the need to review Councils Community Strategic Plan Actions under the Enterprising theme.

Asset

The draft Business Growth Action plan includes the completion of the Tourism signage project. This project is currently funded and will be implemented in the 2014 calendar year.

Economic

The draft Business Growth Action plan calls for greater awareness of the economic impacts within our community. Workshops and other initiatives to provide locally related information to local businesses so they have access to pertinent information in order to understand the impacts of business decisions in a broader view and how we as a community can maximise opportunities when they present themselves.

Strategic

The Business Growth Strategy formed an important link in the Council’s adopted IPR framework.  The draft Business Growth Action plan strengthens that link through more effective actions.

Consultation

There was considerable input into the development of the draft Business Growth Strategy in 2011 through focus groups and workshops and the public exhibition process.

A range of stakeholders have been involved in interviews, polls, and meetings in determining the focus of the Business Growth Action plan. The commitment to establishing a s355 committee for Business Growth also shows the community that Council is serious about consulting with them and ensuring that the delivery of the proposed initiatives meet the needs of the community.

Financial

While the Business Growth function has a budget allocation, this report provides no financial commitments. In conjunction with the proposed s355 Committee projects planned and implemented will draw on allocated resources and will be duly reported to Council as required.

Conclusion

The original Business Growth strategy was developed to inform the Council’s Community Strategic Plan framework. The draft Business Growth Action plan sets a detailed delivery framework to provide real assistance in growing the broader business community while working with established business owners to generate growth across all sectors of the community.

 

ATTACHMENTS

1View. Draft Business Growth Actions (Councillor Only)

 

Recommendation

That Council advertise the draft Business Growth Action plan for comment.

 


Council 12 February 2014                                                                                  Item 10.3

 

10.3.       Proposed disposal of Council land at Flora Street, Eden     

 

This report recommends the disposal of land described as Lot B DP157709 (“the land”) which is considered to be surplus to Council’s requirements, and seeks approval to give public notice of the intention to dispose of the land.

 

Business and Technology Manager  

 

Background

The vacant land at the corner of Flora and Museum Streets, Eden contains an area of 626 square metres. The land is zoned R3 under the Local Environment Plan 2013. The land is classified as operational land. Attachment 1 shows the location of the land.

The most recent LPI valuation, as at 1 July 2012, valued the land at $46,000.

Council’s Land Investment Strategy in 2011 identified the land as surplus to requirements and capable of sale following the gazettal of the Local Environment Plan.

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

ISSUES

Legal

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

Policy

It is proposed that the land be advertised for disposal by calling for expressions of interest.

Strategic

The proposal to dispose of the land is in keeping with the Land Investment Strategy 2011.

Consultation

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

Financial

There are no financial implications involved in the proposed disposal as any costs incurred should be offset against the proceeds of sale. Any net proceeds will be placed in Councils Land Development Reserve.

Resources (including staff)

Staff resources will be required to arrange preparation of the necessary EOI documentation. External legal resources may be engaged to undertake the disposal process.

Conclusion

In accordance with the adopted Land Investment Strategy 2011, it is now considered appropriate for Council approval to be given to seek Expressions of Interest for the disposal of the land.

 

ATTACHMENTS

1View. Map - Corner Flora and Museum Streets, Eden

2View. Draft Expression of Interest for disposal of land (Councillor Only)

 

Recommendation

1.         That Council seek expressions of interest for the disposal of the land.

2.                     That should proposals for disposal or sale be received, they be reported to Council.

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

 


Council

12 February 2014

Item 10.3 - Attachment 1

Map - Corner Flora and Museum Streets, Eden

 


Council 12 February 2014                                                                                  Item 10.4

 

10.4.       Establishment of a Business Growth Advisory Committee under Section 355 of the Local Government Act 1993     

 

Council resolved to form a Section 355 Committee to assist in providing leadership in promoting and supporting sustainable business growth across the Shire.

Business and Technology Manager   

 

Background

In response to the Notice of Motion resolved by Council at its meeting of January 22, 2014 Council is being asked to form a section 355 committee focusing on the broader business activity within the Shire. This committee will be asked to advise, support, and listen to the community to deliver real initiatives to the current and potential business owners of our shire. The attached Committee guidelines articulate the critical role the committee will play. 

Membership

It is recommended that the Committee comprise nine community members with proven business experience drawn from the public and representation from an elected Councillor. The elected Councillor will act as the Chair of the committee for at least the first term of the committee. This committee will seek as its members, residents who have a high level of business experience and acumen with a demonstrated ability to work across a range of industries and a desire to assist in growing the Shire’s business community across all sectors and regions.

 

Responsibility and Delegations

The roles and responsibilities of the Business Growth Advisory Committee as delegated by resolution of Council are to assist to:

·     Review and implement the Councils Business Growth Strategy and Business Growth action plan.

·    Encourage and foster community engagement with the Business Growth Advisory Committee and Council in matters relating to opportunities for business growth.

·  Provide guidance on business growth related matters.

·    Provide an avenue of communication from business owners seeking support on the growth of their business.

·    Provide leadership and guidance on matters of current economic importance in the Shire.

·    Promote business and employment growth in the Bega Valley.

·    Identify opportunities to grow the local economy and fill gaps in the market.

·    Investigate initiatives, projects or studies that will lead to employment growth and strengthen the profile of the Bega Valley as a business location.

·    Identify solutions and strategies to strengthen and further develop the local
economy and to address local issues;

Expressions of Interest

Expressions of Interest for appointment by Council to the committee will be sought through advertising in the local media, Council’s communication channels and business networks.

The timeline for calling the expressions of interest will be as follows:

·    February 2014 – EOI called

·    16 April 2014 - report to Council on for appointment of members candidates

·    Week commencing 21 April 2014 -successful applicants notified

·    May 2014 - first meeting held

ISSUES

Legal

Section 355 of the Local Government Act 1993 provides that a function of a council may be exercised:

(a) by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or

(b) by a committee of the council, or

(c) partly or jointly by the council and another person or persons, or

(d) jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members), or

(e) by a delegate of the council (which may, for example, be a Voluntary Regional Organisation of Councils of which the council is a member).

Section 377 of the Local Government Act 1993 permits a general power of the Council to delegate any of the functions of the council, other than those specific functions listed therein. This enables a Committee of Council under Section 355 to be delegated a number of responsibilities as the Council sees fit.

Policy

This Committee will provide advice to the Business Growth Action plan which informs the Community Strategic Plan (CSP). 

Strategic

The Business Growth Advisory Committee will contribute to the achievement of Council’s business growth objectives as part of its Community Strategic Plan and Business Growth Action plan. 

Consultation

The establishment of the Business Growth Advisory Committee under the recommended Committee guidelines will be advertised and promoted by an Expressions of Interest process that should commence in February 2014.

Resources (including staff)

Council will provide administrative support to the Committee as required.

Conclusion

In conjunction with the Business Growth Action plan, the formation of the Business Growth Advisory Committee will offer a direct mechanism for communication direct from Council to individual business owners and vice versa. By utilising some of the highly experienced members of our community to assist Council in supporting and growing our business sector, Council can feel confident that the actions outlined in the Delivery Plan and the activities to be included in the final Business Growth Action plan will be implemented on schedule and for the betterment of the broader business community.

 

ATTACHMENTS

1View. Draft s355 Business Growth Advisory Committee Guidelines

2View. Draft Terms of Reference for Business Growth Advisory Committee

 

Recommendation

1.         That the Business Growth Advisory Committee be created under Section 355 of
            the Local Government Act 1993 with the agreed roles and responsibilities as          reported under the attached Committee Terms of Reference and Committee   guidelines and pursuant to Section 377 of the Local Government Act 1993.

2.         That Council undertake a public Expressions of Interest process to call for             nominations from the community for the Section 355 Business Growth Advisory Committee.

 


Council

12 February 2014

Item 10.4 - Attachment 1

Draft s355 Business Growth Advisory Committee Guidelines

 


 


 


 


 


 


 


 


 


 


 


 


Council

12 February 2014

Item 10.4 - Attachment 2

Draft Terms of Reference for Business Growth Advisory Committee

 


 


 

 

 


Council                                                                                                        12 February 2014

 

 

staff reports – Accessibility (infrastructure Waste and Water)

 

12 February 2014

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

11.1           Management Models for Merimbula Airport.............................................. 116

11.2           RFT 64/13 Construction Tender for Water and Sewer Mains Renewal/Upgrade Program 2013/14 and 2014/15.................................................................................... 173

11.3           Electricity Supply Contract for Small Tariff Sites...................................... 177

11.4           Road Closure and Sale of Land - Lot 2 DP 823209 Millingandi........... 180


Council 12 February 2014                                                                                  Item 11.1

 

11.1.       Management Models for Merimbula Airport     

 

Following the community presentation session and further research, more detail is provided on the management options for the Merimbula Airport.

 

Group Manager Infrastructure, Waste & Water   

 

Background

The matter of Merimbula Airport, its future development and management models has been before Council for a considerable period. Over the past two years there has been items considered at ten Council meetings. A summary of the resolutions from each of these meetings and an update on the actions is attached. 

Councillors have also been provided with a complete copy of all reports and background in October 2012 following the Council meeting which resulted in two rescission motions which placed the matter of the masterplan (now adopted) and the management options back before Council This matter is obviously of great importance to the local community who expect a well-run facility linking them to the rest of the country. The matter now before Council relates to determining the best management model to provide the community with the service it expects.

On 18 December 2013, Council considered a report into the future operational management options for Merimbula Airport. That report canvased all the issues and much of what was presented is repeated in this report for completeness.

At that meeting on 18 December 2013, Council resolved:

1.       That Council note the Report on the Management Operational Models on the Airport

2.       That Council remove options 1 and 4 as Council is aware that these are not viable options.

3.       That Council advertise options 2 and 3 for public comment and indicate a preliminary preferred option for a version of oversight of management, having taken the initiatives to date to strengthen the runway for potential increased use.

4.       That in advertising the various operational models, Council consult with the existing Manager and with the airport users and in addition hold a public consultation session in Merimbula to allow informed debate on the two management models proposed in the report.

5.       That a further report be made to Council following consultation as mentioned above.

On 16 October 2013, Council adopted the Merimbula Airport Master Plan. The Plan sets out the aviation, development and commercial context of the airport and establishes a strategic planning framework for its future growth. The Plan also provides aviation research, analysis, growth forecast, infrastructure needs and development potential. Along with the current lease ending in June 2014, Council must now decide an appropriate model for the future operational management of the airport.

At the ordinary Council meeting of 18 December 2013, Council considered essentially four basic management models, being Direct Management, Contract Management, Lease Agreement and Private Ownership. Of the four models, Council resolved to remove Direct Management and Private Ownership as not being viable options, leaving Contract Management and Lease Agreement as described below.

Model 2 Contract Manage (CM): Council engages a qualified and experienced company to operate the airport. While the extent and scope of the contract terms and conditions may vary significantly, this option is essentially a fee for service.  Council transfers some of its responsibilities, but ultimate responsibility and risk rests with Council.

Model 3 Lease Agreement (LA): Council leases the airport to a qualified and experienced company to operate the airport. Again, the extent and scope can vary significantly, but Council, depending on those terms and conditions, is able to transfer some operational and financial risks. This option includes variations which could include the lease of the airport operations (runway, terminal and associated areas) and the airport business lands as separate parcels.

On the 15 January 2014, a public meeting was held and those who had made prior appointments were able to present their views to Councillors. While Council’s adopted position was to consider models 2 and 3, public discussion was not restricted and all issues were freely expressed. A record of the meeting and views expressed is attached.

ISSUES

Legal

The Civil Aviation Safety Authority (CASA) is the statutory authority that conducts the safety regulation of civil air operations in Australia, including the regulation of certified and registered aerodromes. The Manual of Standards (MOS)-Part 139 Aerodromes is made pursuant to Civil Aviation Safety Regulations (CASR) Part 139 and sets out the regulatory regime for aerodromes used by aircraft conducting air transport operations.

The Aviation Transport Security Act 2004 and associated Aviation Transport Security Regulations 2005, establishes a regulatory regime to safeguard against unlawful interference with aviation.

There is of course other legislation that is applicable, such as work health and safety, environmental, traffic, etc however they are not specific to airport operations.

The regulatory risk and compliance costs vary with each of the models proposed but generally speaking the holder of the Airport License issued by CASA bears the majority of the regulatory risk.  One of the essential differences between the CM and LA models is that under a Lease, the Lessee would be the Airport License holder.

Policy

Council does not have a policy position on the ownership and/or operation of the airport. However, within Council’s Community Strategic Plan the importance of the airport directly relates to the themes Enterprising Place (through support of the local economy and the tourism industry) and Accessible Place (as part of an integrated transport network and support of emergency services). Indirectly the operations of the airport also support Liveable Place, by providing access to specialist medical and educational services.

Environmental

Merimbula Airport is located in an environmentally sensitive area, between Merimbula Lake to the west and bushland areas to the east of Arthur Kaine Drive, where extensive foreshore dunes form part of Merimbula Beach. There are also wetland areas to the south, south west and east of the runway and within the airport site itself. The areas are environmentally significant and wetland areas are identified in SEPP14.

While it is arguable that the environmental risk to Council will vary with each model under consideration, it is essentially in line with the regulatory context discussed above and does not need be given any additional consideration. Suffice to say that operational compliance falls to the operator, whether they be contractor or lessee.  However, the extent of Council liability under CM will depend on the terms of contract.

Environmental considerations and constraints will have a significant impact on the long term development and viability of the airport precinct but as operational management models do not contemplate this responsibility the onus will remain with Council.

Asset

The airport infrastructure is a significant and capital intensive asset. The ongoing maintenance, renewal and upgrade of the airport are vital for a safe, secure and reliable aviation operation. To this end, there is a need for substantial commitment of resources, particularly capital funding, over a long period of time.

The adopted masterplan also includes indicators based on passenger numbers and aircraft movements that when thresholds are being approached triggers consideration of upgrades for various asset classes on the site.

In terms of the management models under consideration, the DM and CM options provide the most reliable outcomes, with the risk resting with Council. The transferring or sharing of such risk with a private entity, which will have profit, return on capital and other business pressures, can be problematic.

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are seen as a vital component of the overall integrated transport network, which links the Bega Valley with capital cities for professional, legal, specialist and medical services, rapid high cost freight, as well as passengers for tourism, employment and business. For the Bega Valley with no linking train service air travel provides a critical service.

In considering the proposed management models, the desirability of outcomes beyond the direct operations of the airport can only be borne by Council. Attempts to transfer responsibility for social, cultural or other community outcomes onto a business based model will be very difficult, if at all possible. However, it could be argued that a strong, vibrant and growing airport, even if based purely on commercial terms, will result in the desired community benefits.

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, a number of other key sectors have developed, in particular tourism and remote area employment.

The airport therefore provides significant support to the local economy and at the same time, through its own business activity, generates economic benefit.

Once again, in terms of the management models being considered, desired outcomes outside the direct airport operations are difficult to include in private business models. See comments above regarding social/cultural outcomes

Consultation

The airport has been the subject of significant public comment over a number of years. More recently, in regard to the runway renewal, special rate variation application, development of the precinct and master plan. The Merimbula Airport Users Group (MAUG) has also provided input and feedback on these issues, both directly to Council and through the media.

Further, in accordance with the Council resolution of 18 December 2013, invitations were sent to MAUG, Airport Agencies as well as public advertisement for those interested in making a presentation to Councillors at a public meeting held on 15 January 2014. The meeting was well attended with seven presentations being made. A record of the meeting is attached.

In summary, the main issues brought to Council’s attention are as follows:

·    Complaint mechanism and conflict resolution

Comment: A view expressed several times, was that relationships between sub-lessees and head lease have deteriorated and have been poor for some time. It was stated that current arrangements do not provide a way of resolving disagreements.  Any future operational model should include a dispute clause and/or alternatively hangar and business leases should not form part of the operational management model.

It would be possible to provide security of tenure for current sublease properties and remove this source of conflict by placing the sub property lease matters with Council’s  property management section. This approach was utilised in relation to the fuel site lease and a golf club lease.

·    Airport should not be funded by the community

Comment: Ideally this is position shared by most if not all attendees. Unfortunately, financial analysis clearly shows that current operational costs approximately equal income and any future development will require substantial capital funding and this is very unlikely to come from the private sector. In fact the inclusion of capital expenditure into financial modelling indicates that the airport is financially unviable at current passenger levels.

At the public consultation session there was however comment made by the current lesee that any future lease of the airport should include that the future development of the airport was within the responsibility of the lesee.

·    Direct management

Comment: A number of those present expressed the view that Council should maintain stronger control of its asset for the community and therefore preferred DM as this would give Council maximum control on costs, income and development. Those in favour argued that most other Council owned airports are direct managed.

Those opposing this view argued that bureaucrats should not run businesses, that fair comparisons with other airports is difficult and that Merimbula may well be a leader rather than a follower of others.

 

·    Contract management

Comment: Some of those present supported the CM model suggesting this would give Council both control and ability to access revenues. There were some caveats expressed, namely that a tight contract document was required and that Council will have to provide thorough and professional supervision.

Those that spoke against this model stated there is no incentive for the operator to perform and regardless of income Council would have to pay the fixed cost of the contractor.

·    Lease management

Comment: A number of those present expressed support for the LA model, citing that to date the current lease has served the community well. Lease agreements provide incentive and commitment for the operator and transfers financial and regulatory risk away from Council.

Those opposing the LA model claimed Council’s lease track record was poor in terms of the current lease document, enforcement and administration. Lease terms remain restrictive to sub-lease holders and provide no form of redress, dispute resolution or security of tenure.

The need to draft a well-constructed document and have them properly administered by professional qualified staff, remains important for both CM or LA models.

·    Private Ownership

Comment: there was very little discussion and what discussion there was did not support sale of airport.

·    Board of management

Comment: An additional model suggested was based on Council setting up a separate company, managed by a board of directors. Example suggested was Mildura Airport Pty Ltd, which is a fully owned subsidiary of Mildura Regional Council.

·    Additional source revenues

Comment: It is clear that many still believe that income from other airport related activities is available to Council and do not understand that these are in fact private businesses. Despite many attempts to explain, some refuse to accept that aircraft refuelling, passenger/baggage handling and aviation identity cards are private businesses whose income is not available to Council.   This is no different to other onsite airport businesses, such as aircraft maintenance, pilot training, scenic flights, etc. from which Council has no entitlement or access to income.  The suggestion that Council introduce “turnover” or “income” based leasing for all airport based businesses would be beneficial to Council but would be difficult to implement once the implications are fully understood by those concerned.

·    Grant funding

Comment: Statements were made by some present that Council would not be able to source grant funds if it was not the operator.  As was explained, there is no known reason why Council would be disqualified from receiving grant funds under any of the models proposed. Recent evidence of Council receiving LIRS and special rate variation approval and the current lease operator receiving security grants does give evidence to this view.

·    Local Consultation conclusion

As a general comment it would appear that much of the concern expressed relates to the deterioration of the relationship between the head lessee and hangar sub-lease holders and not to the operational management of aviation assets. If hangar leases were separated from the operating management, many of the above concerns would appear to be able to be addressed.

A further concern is the need for users to have an ongoing say in the day to day management of the airport, whether by committee, community group or in some other form. While it is important for users to have a say, it is a balancing act between vested interest, constructive input and those willing to take responsibility for those actions.

·    Review of operation of other airports

A number of airports with similar RPT profiles in regional NSW were surveyed in relation to their services and infrastructure, management models, and financials. A review of Latrobe Regional Airport and Mildura were also undertaken as these were put forward as models to consider during the Merimbula consultation session. A summary of the responses is attached to this report.

Financial

The financial implications of any operational management model are significant in the medium term. The financial modelling and analysis was undertaken by a specialist consultant, Hill PDA and has been workshopped separately with Council. A copy of the final report is attached.

Considerations in this regard should be viewed in three parts:

1.       Operational costs: the day to day costs of running and maintaining the airport grounds, aircraft movement areas, passenger terminal, utilities and landside areas such as car parks and obstacle surface. The current annual operating costs were $562,640 in 2012/13.

2.       Capital costs: the price of infrastructure renewals and upgrades which, when based on the master plan for medium growth of up to 150,000 passengers by 2022, is approaching $30 million.

3.       Income from airport operational activities, aeronautical revenue  including passenger head tax and landing fees (approximately $540,572 in 2012/13.), aircraft parking (no current charge), property revenue including terminal leasing  for café, hire car and hangar leasing ($61,757 in 2012/13) and car parking charges ($23,787 in 2012/13). Total income in 2012/13 $628,395.

As has been previously noted, the income from supplementary businesses currently being undertaken by the existing lease operator are not included, as they are not immediately available as they are provided through arrangements between other parties. To be clear, revenues from passenger/baggage handling is a direct relationship with a separate business as is the case with all of the regional NSW airports contacted over the past month, the security card production is provided by Aviation Australia who provides this service to all the regional airports contacted and aircraft refuelling is provided again through a direct relationship with the business operator, this is also the case in all airports contacted.

In terms of operational management models, consultant Hill PDA undertook financial modelling of the following:

·    Option 1: Direct Management

·    Option 2: Contract Management

·    Option 3: Lease Management

Option 3.1: Fixed Payments and No Capital Funding From Lessee

Option 3.2: Payments as a Percentage of Operational Revenue and No Capital Funding from Lessee

Option 3.3: Capital Costs Partially Met By The Lessee

The financial modelling concluded that:

“None of the management options provide an adequate financial return to Council. Under a medium growth forecast of passenger numbers of 5.3% per annum Council can cover the cost of money but only after factoring the terminal value of the airport after 25 years. The terminal value is highly uncertain making the investment decision a high risk one. In the low growth scenario of 4% per annum growth in passengers Council cannot cover the cost of capital.

The modelling shows a worsening for Council’s financial position with the other options largely because they involve divesting some level of risk to a contractor or lessee. However the modelling does not reflect possible relative efficiencies that may occur with an on-site contractor or lessee. This could be identified through a selective tender process.

Notwithstanding the low financial returns on capital investment, expansion is necessary to accommodate growth and a second carrier for competition. Growth provides additional economic benefits to the Bega Valley economy including, but not limited to, added tourism, tourism expenditure and added value from airport related businesses. This could be quantified through cost benefit analysis and a business case could be prepared to support airport expansion. A business case is generally required if funding by way of grant (RDA or other) is applied for. The business case would identify, not just the economic benefits of airport expansion, but also the costs of not expanding.”

Growing the airport usage

This is seen as a separate exercise and work to grow demand is commencing initially through the hosting locally by SCT Ltd of a forum aimed at developing partnerships to build options for potential users.

At the consultation session it was suggested by several speakers that a survey or users should be undertaken. Council was also asked following the meeting why key user groups such as Bega Cheese and state agencies were not invited. Clearly work needs to be done to understand the drivers of air travel.

Importantly work needs to be done to understand the barriers and to survey non-users both local and visitors to ascertain the barriers.

Further work needs to be done to also grow route feasibility and to broker these opportunities. Presentations have been made to a range of air service providers and this work needs to continue. The potential offered by  growing cruise opportunities locally and a linking with Canberra need to be more fully developed.

This work would involve any operator of the airport.

Resources (including staff)

The extent to which Council resources are required depends on the management model ultimately chosen. The DM model would require at minimum two full time staff and two casual staff, as well as plant and equipment, such as tractor slasher, line marking, workshop, etc. Other models will require administration and management oversight by staff.

If Council resolves to excise the property leases from an operational lease then Council’s property section would be involved in the oversight of all leases.

Operational Plan

Maintaining and operating the airport is consistent with Council operation plan as part of its integrated transport network

Conclusion

The impending termination of the existing operational lease at Merimbula Airport requires Council to decide the appropriate management model going forward. With the adoption of the Merimbula Airport Master Plan, an opportunity exists to compliment or at the very least avoid contradiction to the strategic growth or development objectives.  However, on one hand the operational management model focuses on day to day expenses, income and regulation, while the other focuses on growth, development and capital costs.

Ideally Council would like to have a management model that bares the operational risks (income, expense, regulation) as well as the economic risks (capital cost, growth, development) at the same time providing a dividend and input into strategic decision making. In reality this is not possible and a balance must be struck between these objectives. The proposed models discussed above essentially reflect this balance.

At one extreme Direct Management results in Council having all the risks while at the other extreme Private Ownership results in no risk or control over future development to Council. The Contract Management and Lease Agreement models are essentially a balance between these two, depending on the risk/reward equation.

It is also clear that with the current revenue/expense balance it is unlikely that any private organisation would be willing to take on the large capital expenses forecast in the Master Plan.

The value of subsequent businesses being run in association with either the CM or LA models cannot be determined, as each business in its own right maybe unprofitable. It is the collective or economy of scale that provides for the overall sustainability.  However, the value to any successful contractor or lessee from these separate businesses should not be underestimated. At Merimbula these businesses include refuelling, car rental, passenger/freight handling, café and security card production, none of which Council has control of or access to.

The management of property and hangar leases is probably better separated and treated as a property matter, in line with other leases and license in which Council engages. Removal of hangar and commercial property leases from the operational management will help resolve much of the concerns expressed by users and provide Council with separate income source. This approach also provides surety to the lease holders.

On balance, it is recommended that Council adopt the Lease Agreement model for the airport movement areas including the terminal and car park and that  Council directly manage other property leases on the site and that public expressions of interest be sought based on a statement of proposed intent yet to be prepared.

 

ATTACHMENTS

1View. Minutes of Public Consultation Operational Management of Merimbula Airport held 15 January 2014

2View. Hill PDA Report Merimbula Airport Financial Model December 2013

 

Recommendation

1.         That Council approve the operational management of the Merimbula Airport by     Lease.

2.         That a statement of proposed Lease Terms be prepared based on the        management of airport aviation movement areas only.

3.         That Council prepare standard lease documentation for development sites at         Merimbula Airport with a view to enter in direct leases from the 1 July 2014

4.         That public expression of interest be sought from those experienced and    qualified to enter into a lease for the operational management of the Merimbula         Airport.

 


Council

12 February 2014

Item 11.1 - Attachment 1

Minutes of Public Consultation Operational Management of Merimbula Airport held 15 January 2014

 

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Council

12 February 2014

Item 11.1 - Attachment 1

Minutes of Public Consultation Operational Management of Merimbula Airport held 15 January 2014

 

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Council

12 February 2014

Item 11.1 - Attachment 1

Minutes of Public Consultation Operational Management of Merimbula Airport held 15 January 2014

 

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Council

12 February 2014

Item 11.1 - Attachment 2

Hill PDA Report Merimbula Airport Financial Model December 2013

 

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Council 12 February 2014                                                                                  Item 11.2

 

11.2.       RFT 64/13 Construction Tender for Water and Sewer Mains Renewal/Upgrade Program 2013/14 and 2014/15     

 

This report details evaluation of RFT 64/13 Construction Tender for Water and Sewer Mains Renewal/Upgrade program 2013/14 and 2014/15 and recommends acceptance of the preferred tender.

 

Group Manager Infrastructure, Waste & Water   

 

Background

Council has an annual program of water mains renewal work, to ensure the ongoing performance of water supply systems, as detailed in the 2012 Water Asset Management Plan. Mains have been selected for renewal during this financial year in Akolele, Bega, Bemboka, Bermagui, Merimbula, Pambula, Quaama, Tathra and Tura Beach.

The sewer mains covered by this tender are rising (pressure) mains that have similar characteristics to water mains and are suited to being included in the water mains renewal/upgrade tender.

The scope of the replacement work includes supply of pipes, fittings, excavation, installation, backfill and restoration. Pipe sizes range from 100mm to 300mm in diameter. Approximate total lengths of mains to be replaced are as follows:

·    Akolele/Bermagui/Quaama and surrounds: 5,712 metres

·    Bega/Bemboka/Tathra and surrounds: 1,987 metres

·    Merimbula/Pambula/Tura Beach and surrounds: 1,422 metres

The scope of the tender also includes provisional water and sewer rising mains work associated with:

·    Roads Maritime Services handover of the old Princes Highway route through Bega - Approximately 744 metres of water mains may require renewal, if the road pavement is to be refurbished at the time when handover takes place.

·    Council’s proposed roundabout and associated road works for the Merimbula CBD bypass (intersection Merimbula Drive, Reid Street, Sapphire Coast Drive) – Approximately 480 metres.

·    Relocation of the trunk water main behind Club Sapphire Merimbula, Sapphire Coast Drive - Approximately 316 metres, subject to the development proceeding.

The annual program of water mains and sewer rising mains for 2014/15 as identified in Council’s Water and Sewer Asset Management Plans will be undertaken within the allocated budget, using rate items included in this tender.

Tenders were advertised in the Sydney Morning Herald and local newspapers between 10 December 2013 and 13 December 2013.

Although 18 sets of tender documents were issued, at the closing of the tender on 15 January 2014 there was only one tender submission received.  As it is unusual for a tender of this nature and scale to only attract one submission, an investigation was carried out to see if any anomalies with the tender procedure/dates had occurred and none were found.

Additionally, an assessment against tenders received for previous programs of works was undertaken. The assessment revealed that the submitted tender represented value for Council.

A tender evaluation plan, consistent with the NSW Local Government Tendering Regulations and the Conditions of Tendering, was prepared and endorsed by the tender evaluation committee prior to the close of tenders.

The tender evaluation was carried out on the basis of assessing overall value for money to Council, with scoring and weighting of price and non-price criteria. The weighting ratio of price to non-price criteria was 60:40.

The tender evaluation criteria and weightings were as follows:

Criteria

Description

Weighting

 

Non-Financial Criteria

 

Experience in works of a similar nature and value, as a company and with proposed individuals

Similar recent water mains renewal projects

Proven track record

Qualifications and experience of the project manager and site manager

15%

Previous contractual performance

Referees, previous contract reports regarding standard of work/quality, contract administration, cooperative relations, time management, safety and environment

20%

 

Resources and Understanding of the work

Risk/Contingency allowances, Methodology and Tender program

5%

 

Non – Financial Criteria Subtotal

40%

 

Financial Criteria

 

Total Extended Schedule of Rates and Lump Sum Items, plus provisional works

Correct total offered within Tender Schedule B, including provisional sums and Rate Item works

60%

 

Financial Criteria Subtotal

60%

 

 

The submitted tender was assessed against the evaluation criteria by a three person evaluation panel.

ISSUES

Environmental

A Review of Environmental Factors (REF) is currently being prepared (inclusive of environmental controls) to support the proposed works and will be issued to the successful tenderer.

Asset

The ongoing need for water and sewer mains renewal/upgrade works is identified in Council’s Asset Management Plans for Water Supply and Sewer.

Strategic

The works included in the program are consistent with Council’s Asset Management Strategy and the current Water and Sewer Asset Management Plans.

Consultation

The project involves renewal of underground assets. Community consultation is targeted towards those residents directly impacted by on-ground works. Notification by letter one month prior to programmed works is planned.

Procedures are also in place for reminder notifications 48 hours prior to work commencement.

Business customers will be unaffected by the works.

Financial

The costs of the schedule of works are allowed for in the current financial year capital works budget and in 2014/15 financial year capital works budget.

The tendered price is accommodated in Council’s budget for water main renewal and replacement works.

Funding of the Provisional Sum to accommodate Roads Maritime Services (RMS) and Council’s road work commitments, as well as the proposed relocation of the water trunk main behind Club Sapphire Merimbula will need to be obtained by way of negotiations with RMS and allocation of funding from the associated projects.

Resources (including staff)

Project management and site inspections of the construction works will be undertaken by Council staff.

Operational Plan

The proposed works are consistent with the current Operational Plan objectives.

Conclusion

This report recommends award of the contract in accordance with details presented to Councillors.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding evaluation of RFT 64/13 Construction Tender for Water and Sewer Mains Renewal Upgrade Program 2013/2014 and 2014/2015 (Councillor Only) (Confidential)

 

Recommendation

1.       That Council accept the tender from (insert) for the works described in Tender 64/13 for the recommended schedule of rates tender for 2013/2014 and 2014/15.

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

 


Council 12 February 2014                                                                                  Item 11.3

 

11.3.       Electricity Supply Contract for Small Tariff Sites     

 

Report prepared to advise Council of recently completed electricity supply contracts for small tariff sites.

 

Group Manager Infrastructure, Waste & Water   

 

Background

Electricity supply to Council is divided into three parts, namely large sites (>160MWh p.a.), small sites and street lighting.

Up until 2011, Council had in place supply contracts for street lighting and large sites, while small sites were charged the relevant applying tariff at the time of billing. During 2011, Council joined with 15 to 20 other rural/regional Councils to request Local Government Procurement (LGP) to seek tenders for supply of electricity. Unfortunately, due to Council’s contractual commitments, this meant that Council was included in two separate tendering processes, which were staggered during late 2011 and early 2012.

The outcome was the award of contracts through Local Government Procurement (LGP) as follows:

·    Large Sites to ERM Retail Pty Ltd from the 1 January 2013 until 30 June 2015;

·    Small Sites to Origin Energy until 30 June 2014; and

·    Street Lighting with Origin Energy until 31 December 2014, after which Council will move to a new contract, as reported to Council on 18 December 2013.

The contracts are for energy supply only and do not include network charges and many other charges such as loss factor, demand, regulated fees, power correction, metering, etc. Extra charges can amount to between 40-60% of electricity invoices received.

In line with recent publicity, the electrical charges show a significant rise and increasing operating costs for Council, particularly in the water and sewer area. Unfortunately, there is little Council can do at this stage and the collective tendering process conducted by LGP has given Council economy of scale and improved purchasing power.

In the longer term, energy efficiency, new technology and alternative energy sources are being pursued in order to manage and control operating costs.

As stated above, Council’s small sites contract (currently with Origin Energy) is due to expire on 30 June 2014.  An opportunity existed for Council to be included in the current round of the LGP tendering process, combining BVSC with 62 NSW Council’s and three Not for Profit organisations to gain economies of scale.

The current tenders were called on 8 November 2013 and closed on 5 December 2013. Council is currently under contract until 30 June 2014. The proposed contract is for the period from 1 July 2014 to 31 December 2016. Details of the new contract remain confidential at this stage and are attached to this report for Councillors’ information only.

This process has been completed. The tendering process has been undertaken and assessed in accordance with the Local Government Act and Regulations by LGP.

ISSUES

Legal

Contract process has been conducted by LGP for a collective of Councils across rural/ regional NSW. The LGP tendering process complies with the Local Government Tendering regulations.

Environmental

The use of alternative energy and the more efficient use of electricity continue to be investigated, however the options available to the south coast are limited at this stage. The contract to supply energy includes carbon pricing.

Sustainability

A number of initiatives are under way to improve energy efficiency and monitoring.

Asset

Electrical energy is a significant component of Council’s operating costs across all areas of Council and across all asset classes from public buildings, depots, workshops to public swimming pools.

Financial

The cost implications of rising electricity prices on Council’s operating budget are significant.

Conclusion

The best way to secure competitive pricing is via collective tendering and in this way, gain some economies of scale. Council has done this through LGP and the resulting supply contract for street lighting is the subject of this report. The collective tendering approach through LGP has resulted in economies of scale, showing net supply charge reduction of approximately 2% on the current contract pricing, overall representing 19% below the IPART recommended standard rates.

 

ATTACHMENTS

1.         Confidential memorandum to Councillors regarding execution of contract for electricity supply for small sites (Councillor Only) (Confidential)

 

Recommendation

1.       That Council endorse the electrical energy supply contract for small sites.

2.       That Council endorse the action taken by officers in securing the contract.

 


Council 12 February 2014                                                                                  Item 11.4

 

11.4.       Road Closure and Sale of Land - Lot 2 DP 823209 Millingandi     

 

Lot 2 DP 823209 at Millingandi is a small parcel of public road reserve under the control of Bega Valley Shire Council. The land is encumbered by a private concrete water supply reservoir, associated with Acacia Ponds Village. This report recommends closure of the public road reserve and eventual sale of the land to the owners of Acacia Ponds Village.

 

Group Manager Infrastructure, Waste & Water  

 

Background

The current owners of Acacia Ponds Village (Tanay Pty Ltd) are in the process of selling the premises. As part of the sale process, it has been identified that a concrete water supply reservoir owned by Tanay Pty Ltd is in fact located on a small parcel of road reserve under the control of Bega Valley Shire Council.

The reservoir is thought to be in excess of 30 years old and rests on land surplus to Council’s future road network and land requirements. A plan showing the location of reservoir is attached to this report.

Lot 2 DP 823209 at Millingandi is currently a Bega Valley Shire Council controlled public road reserve. Prior to any transfer in title of the land, Council (as the roads authority) must apply to Crown Lands to formally have the section of road closed.

Council staff have discussed the history of this land with Crown Lands staff and they have confirmed that a previous adjoining owner (G C Ashcroft) applied in 1991 to close and purchase the road comprising both Lots 1 and 2. However road closure was only granted over Lot 1. Following investigation of the original road closure application, Crown Lands determined that only Lot 1 should be closed and vested in Council for disposal and Lot 2 should be investigated for closure and considered for vesting in the Crown for addition to the adjoining Crown reserve land.

The application for road closure of Lot 1 DP 823209 was completed in 1994; however the processing of the application for Lot 2 was deferred, pending the outcome of a Land Assessment by the Crown to determine the future use of the land. This was never carried out and on the introduction of the Public Roads Act 1993, the application lapsed. Under the provisions of the Public Roads Act 1993, any application to close the Council Public Road would now result in the land vesting in Council. 

This effectively means that if road closure of Lot 2 is granted by Crown Lands, the land will vest in Council and Council can negotiate a sale to the owners of Acacia Ponds.  If for any reason the road closure application is not approved, the road will remain as Public Road under the control of Council.

ISSUES

Legal

A number of remedies are available to regularise the land encumbrance, however given the small size of the parcel of land, its location and usefulness to Council, it is suggested that ownership ultimately pass to the owners of Acacia Ponds Village. Transfer of the land ownership can take place as a formal road closure application to NSW Crown Lands.

Asset

The water supply tank is privately owned and poses no asset implications for Council.

Strategic

Lot 2 DP 823209 at Millingandi has no strategic value to Council.

Consultation

Significant consultation has taken place with the owners of Acacia Ponds Village.

Financial

The proposed sale of the land will take place based on a formal valuation. Any rental of the land will take place based on market value.

Resources (including staff)

To date, significant staff resources have been devoted to finalising this matter.

Conclusion

A number remedies are available to regularise the land encumbrance, however given the small size of the parcel of land, its location and usefulness to Council, it is suggested that ownership ultimately pass to the owners of Acacia Ponds Village. Transfer of the land would take place pending formal approval of a road closure application to NSW Crown Lands.

 

ATTACHMENTS

1View. Plan of Lot 2 DP 823209 at Millingandi

 

Recommendation

1.       That Council enter into a suitable Deed of Agreement with the owners of Acacia Ponds Village, the aim being road closure of Lot 2 DP 823209 at Millingandi and its subsequent sale to the owners of Acacia Ponds Village. That the Deed of Agreement include a suitable sunset Clause to be utilised to the benefit of Council should NSW Crown Lands fail to approve the road closure application.

2.       That, in the interim, Council enter into a formal Licence Agreement with the owners of Acacia Ponds Village to formalise their occupation of Lot 2 DP 823209 at Millingandi until transfer of the land takes place and that any rental be based on market value.

3.       That Council consent to the lodgement of a road closure application with NSW Crown Lands for the formal closure of Lot 2 DP 823209 at Millingandi.

4.       That the Mayor and General Manager be authorised to execute the necessary documentation.

 


Council

12 February 2014

Item 11.4 - Attachment 1

Plan of Lot 2 DP 823209 at Millingandi

 

 

 


Council                                                                                                        12 February 2014

 

staff reports – leading organisation (governance and strategy)

 

12 February 2014

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

12.1           Bermagui Seaside Fair - request for financial assistance for fireworks 186

12.2           Certificate of Investments made under Section 625 of the Local Government Act 1993.......................................................................................................................... 189

12.3           Proposal from twinning program - Wabane Council, Cameroon (West Central Africa).......................................................................................................................... 194

12.4           Quarterly Budget Review Statement (QBRS) - December 2013........... 197

12.5           Community Strategic Plan - Half Year Review of 2013-14 Operational and Delivery Plan as of December 2013.................................................................................... 230

12.6           Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference..................................................................................................... 242

12.7           Wenzhou Delegation.................................................................................... 244

12.8           Expressions of interest for community engagament and communications reference group................................................................................................................ 248


Council 12 February 2014                                                                                  Item 12.1

 

12.1.       Bermagui Seaside Fair - request for financial assistance for fireworks     

 

A request has been received for a donation towards a fireworks display at the 2014 Bermagui Seaside Fair.

 

General Manager  

 

Background

The Bermagui Seaside Fair has been held as an annual event each March in Bermagui since 2007.

The variety of events and displays bring a carnival atmosphere to the town, which is inundated by both regional and international visitors and attracted crowds of over 10,000.

Activities include:

·    Bermagui Blessing of the Fleet

·    Street Parade

·    Kids Entertainment & Free Novelty Events

·    “Art in Place” Themed Art Exhibition

·    Photographic Exhibition

·    Arts & Crafts Exhibition

·    Model Boat Expo

·    Sandcastle Competition

·    Live Entertainment

·    Variety Concert

·    Market Stalls

The Festival Committee has been energetic in canvassing the support of the local community and works in cooperation with the marketing strategies of Sapphire Coast Tourism and the South Coast Regional Tourism Organisation and Tourism New South Wales Regional Flagship events programme.  The Bermagui Seaside Fair is promoted via a wide reaching media campaign with a strong emphasis throughout NSW, ACT and Victoria and provides economic, cultural and social benefits to the local community.  The fireworks display will be at no cost to the public to view and there will be high visibility from many vantage points and private dwellings of the launch site of Endeavour Point Headland, Bermagui.

Funds raised by the Bermagui Seaside Fair Committee, the non-profit group who organise the event, are donated to local youth and community projects.  

Further information about the event can be found at the Bermagui Seaside Fair website:

http://www.bermaguiseasidefair.com/

ISSUES

Legal

The organising committee has the appropriate insurances and has arranged for the Bermagui Rural Fire Service to provide security, safety and fire response during the fireworks display.  Bermagui NSW Ambulance service has also been notified about the event.

Policy

The request for funding was submitted prior to Council adopting the financial assistance procedure at its January 22 meeting. The activity is planned for this current financial year and should be addressed under the current procedure.

Social / Cultural

The Seaside Fair is a wonderful celebration in the Bermagui area and for the Shire. There is celebration of the place and the community and a real coming together.

Economic

The Seaside Fair brings visitors from across the region to Bermagui.

Financial

Council does not provide funding support for Four Winds Concert Inc. The facility is a community asset run by the organisation is otherwise a self-sufficient operation.  

Council has a budget of $230,200.00 for donations, including donations approved by Council (ie contributions to events, promotions and projects), donations approved by the General Manager (less than $2,000 ie refund of fees) in kind assistance and civic functions.  At the Council meeting on 22 January a number of events and activities were considered. And there is currently $26,000 unexpended of the current allocation. There will be some in-kind support costs charged to this account for Bermagui Seaside Fair and the Merimbula Jazz Festival in the current year.

Funding source

 

Amount

Donations remaining funds to be committed

$

26,000

 

Conclusion

The Bermagui Seaside Fair provides economic, cultural and social benefits to the local community, and is run by a non-profit committee who have not sought Council funding in the past.

 

ATTACHMENTS

Nil

 

Recommendation

That Council determine the level of financial support for the Bermagui Seaside Fair Committee in response to their request for a donation for this year’s event.

 


Council 12 February 2014                                                                                  Item 12.2

 

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

 

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

 

 

Business and Technology Manager   

 

Background

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

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

ISSUES

Legal

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

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

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

Policy

Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 4 September 2012.

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

Financial

The attached report indicates a current investment portfolio of $51,500,100.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

 

Funding source

November 2013

December 2013

January 2014

General Fund

$28,590,826

$31,590,826

$27,590,826

Water Fund

$13,022,303

         $13,022,303

$13,022,303

Sewer Fund

$10,886,971

$10,886,971

$10,886,971

 

In addition there is $2,747,137 in uninvested funds in Councils operating account.

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

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

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

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

Table 2: Restricted Cash and Investment by Fund

 

Funding source

External Restrictions ‘000

Internal Restrictions ‘000

Unrestricted ‘000

Total

‘000

General Fund

$9,800

$18,196

-$1,954

$26,042

Water Fund

$4,228

$8,794

$1,617

$14,639

Sewer Fund

$1,945

$8,942

$3,908

$14,795

 

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

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

There have been expenditures between 1st of July – 30th of November that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

 

ATTACHMENTS

1View. Investment Report January 2014

 

Recommendation

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

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

 


Council

12 February 2014

Item 12.2 - Attachment 1

Investment Report January 2014

 


 


Council 12 February 2014                                                                                  Item 12.3

 

12.3.       Proposal from twinning program - Wabane Council, Cameroon (West Central Africa)     

 

A request has been received to consider a twinning program with Wabane Council, Cameroon (West Central Africa).

 

General Manager  

 

Background

Council has received a written request to consider a twinning program with Wabane Council.  A copy of the request letter and background information is attached.

ISSUES

Social / Cultural

Bega Littleton Citizens Exchange

Council has a Sister City Relationship with Littleton, Colardo USA.  This relationship was instigated in ? and alternate visits occur every two and a half years.  The sister city relations between Bega and Littleton are managed by the Bega Littleton Citizen’s Exchange.  The sister city arrangement requires a only small amount of administrative assistance from Council.  An amount of $6,000 is budgeted on the years that Littleton visit Bega.  These funds are used by the committee to fund a welcome dinner.  Council arranges a civic reception afternoon tea and provides a small gift for each delegation for presentation to the Mayor of Littleton.

Delegates cover their own travel costs and are billeted in the host city by members of the Citizens Exchange Group.

The Bega Littleton Sister City Exchange commenced in 1961 and occurs on a rotational basis with Littleton sending a delegation to Bega on the first and sixth years of the decade and for Bega to send a delegation to Littleton on the third and eighth years.

Chinese Delegations

Council has recently established contact with several provinces in China.

Ordos, Inner Mongolia

Council visited Ordos, Inner Mongolia in April 2010.  The purpose of the visit was to encourage, business, tourism, education and cultural development between the Bega Valley and the Ordos district.

Travel and accommodation costs were at the delegates own expense.  Administrative costs included staff time to arrange itineraries, visa etc.  Council provided a gift to take for presentation to the Mayor of each host city or province and gifts for hosts at each formal reception.

A delegation from Ordos, visited Bega July 2012.  Council hosted a dinner and arranged for tours and receptions and gifts for the members of visiting delegation.

Contact made with various provinces during this delegation and by Councillor Britten when attending the Australia International Trade Association (AITA) conference in China have resulted in further business and educational visits.

Nanyang

Council visited Nanyang China in April/May 2013.  Travel and accommodation was at the delegates own expense.  Administrative costs included staff time to arrange itineraries, visa etc.  Council provided gifts to take to the host cities and for the hosts at each formal reception.

It is anticipated Council will host a delegation from Nanyang in coming months.

Wenzhou

Council hosted a brief visit from your delegation from Wenzhou Foreign Affairs Council in November 2013.  Council hosted a dinner and arranged for tours and receptions and gifts for the visiting delegation. This visit was on a smaller scale than the Ordos or Wenzhou delegations to the Bega Valley.

Resources (including staff)

Considerable staff time has been required to plan and coordinate international visits to China and the hosting of the return visits to the Bega Valley. 

The Sister City relationship with Littleton Colorado requires a small amount of staff time, as the Citizens Group manages the planning and coordination of these visits.

Conclusion

Council currently has a formal sister city arrangement in place with Littleton Colarado, USA.

Council currently has a cooperative agreement in place with Ordos, Inner Mongolia and Nanyang 

The economic and cultural benefits of a twinning arrangement with Wabane Council, Cameroon (West Central Africa) would need to be further investigated.

 

ATTACHMENTS

Nil

 

Recommendation

That Council if it wishes to commit to a twinning arrangement with Wabane Council, Cameroon (West Central Africa).

 


Council 12 February 2014                                                                                  Item 12.4

 

12.4.       Quarterly Budget Review Statement (QBRS) - December 2013     

 

Budget review statements are prepared and presented to Council quarterly in

accordance with Section 203 of the Local Government (General) Regulations 2005.

 

Business and Technology Manager   

 

Background

Under the Integrated Planning and Reporting (IPR) guidelines, a quarterly budget review statement (QBRS) must be presented to Council for each financial quarter.

The QBRS, due to its size has been distributed to Councillors electronically and if requested, in hardcopy. The electronic version has been placed on Councils website for public access at:

The QBRS is presented in a summary format which reflects the Long Term Financial Plan. Each Function of Council is presented individually as is a summary page for each theme. The report also shows a host of management information for each Function, such as:

·    Income Progress graphs: These graphs illustrate how each function is progressing with their revenue estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

·    Reserves table: This table outlines cash reserves that are linked to that particular function and their movements throughout the financial year.

·    Expense Progress Graphs: These graphs illustrate how each function is progressing with their expenditure estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

·    Grants Received table: This table shows the name and value of each specific purpose grant that that particular function has attracted.

·    Revotes Table: This table tracks the progress of the revotes from the 2012 financial year.

It is the intent of this report to provide information to the users of the QBRS report in order to illustrate the financial performance of each particular function of Council.

The next evolutionary step for this report is to incorporate the Community Strategic Plan operational deliverables into the theme summaries, with reference to the budget and the tracking of their respective financial information.

Council staff retain the ability to enquire, transact, and report on the detailed General Ledger, including budgets. If there are specific questions relating to detailed transactional information, staff can provide answers to those questions.

ISSUES

Legal

Clause 203 of the Local Government (General) Regulations 2005 states:

Budget review statements and revision of estimates

1.   Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2.   A budget review statement must include or be accompanied by:

a.   A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b.   If that position is unsatisfactory, recommendations for remedial action.

c.   A budget review statement must also include any information required by the Code to be included in such a statement.

Financial

The QBRS reports the detailed variances for the December 2013 quarter.

There are no major or significant variances to report to Council. Council will note that the overall budget variance movement for the December 2013 quarter is an increase in expenditure of $145,698. This net movement relates to main items. The first being the $100,000 commitment from Council to the Sapphire Coast Tourism board for use in a digital promotional campaign. The balance is the result of a Council resolution to renew the Cobargo amenities block in advance of its scheduled renewal under Councils asset management plan. Both commitments can be met by Councils working capital.

There are a large number of minor variances throughout Councils budget, however in all of these cases the variances relate to “shifting” of commitments between Council functions and/or the recognition of new commitments made by Council whereby corresponding funding sources were obtained to match the committed expenditure.

As at the end of December 2013, Council held $55,500,100 in cash & investments – the bulk of which remain restricted for use with planned infrastructure or projects preconditioned by loans, grants or development contributions.

As per Council’s policy, the QBRS reflects the budget in a balanced position and maintains working capital at adopted levels. All net movements are factored through the movement to and from reserves, including anticipated transfers to asset, ELE and property reserves at year end.

Conclusion

Council’s December 2013 QBRS has been presented to Council. Council financial performance is healthy and within the operating budget set by Council in June 2013.

 

ATTACHMENTS

1View. December QBRS 

 

Recommendation

1.         That Council note and endorse the December 2013 Quarterly Budget Review Statement.

2.         That Council adopt the variances, in this instance being revotes from the 2012 financial year, to its operating budget as outlined in the QBRS.

3.         That Council place the QBRS for December 2013 on its website for public information.

 


Council

12 February 2014

Item 12.4 - Attachment 1

December QBRS

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

12 February 2014

Item 12.4 - Attachment 1

December QBRS

 


 


 


 


 


 


 


 


 


 


 


Council 12 February 2014                                                                                  Item 12.5

 

12.5.       Community Strategic Plan - Half Year Review of 2013-14 Operational and Delivery Plan as of December 2013     

 

The half year review provides Council with a status update on the adopted Operational and Delivery Plan which sit within the Community Strategic Plan framework.

 

General Manager  

 

Background

In 2013 Council reviewed its 20 year Community Strategic Plan (CSP) , 5 year Delivery Plan (DP) in alignment with the Long Term Financial Plan, Resourcing Strategy, Workforce Strategy and Asset Management Plans.  This review enabled the development of the 2013-14 Operational Plan (OP).

The Community Strategic Plan, Delivery Plan, Operational Plan , along with the Long Term Financial Plan, Budget, Fees and Charges were publicly exhibited during the months of February to May 2013.

The suite of documents were subsequently adopted by Council on June 26 2013.

The purpose of the Delivery and Operational Plan half yearly review is to:

Determine current status of Operational Actions

Managers and staff have provided status updates against operational activities.  This is to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues.  Detailed reporting on activities is provided through the Annual Report.  The purpose of the half yearly report is to provide snapshot update.

Assess achievability of Delivery Plan

Through the review of Operational Actions, Managers have had the opportunity to review and assess progress against the Delivery Plan.

ISSUES

Legal

Chapter 13 of the Local Government Act requires Council to report half yearly on the status of the Operational Plan, in addition to the Budget Report (QBRS) which will be presented to Council for consideration at this meeting.

Strategic

A summary of operational activity status and achievements per theme area is provided below.

Liveability

Activity status as of December 2013

 

Summary of activity by Community Ambition Area.

L1 – Wellbeing and Safety  by 2030 in the we feel safe in our community, with access to health, social and community services, and have appropriate community infrastructure provided to support a high quality of wellbeing and

Key achievements : Public amenity and safety has been supported through the delivery of an educational program of car parking in school areas across the shire. This program will continue through the school term 1, 2014.   We have continued support of lifesaving services with a contract awarded and reported to Council in November 2013.  The Healthy Communities project ‘Live Life Bega’ is in its final stages of implementation and delivery of ‘Heart Foundation’ walking groups, nutritional support and healthy lifestyle support programs (HEAL), men’s health support programs ‘Pit Stop – mens health screening’ and street share programs encouraging neighbourhoods to grow and eat local. Support has continued for the Bega Valley Cancer Network, with the completion of a services directory.

Forecasted areas of delay : Nil to report.

L2 – Access to learning and creativity  by 2030 we are an inspired community with expanded access to life-long learning and skill development, and have creativity and celebration integrated into our community life.

Key achievements : Our childcare services continue to deliver quality care with the final phase of the transition plan to the National Early Years Learning Framework for children’s services in implementation including the training of all staff. Library partnerships have continued with University of Wollongong (UoW), Australian National University (ANU) and Auswide to support high school students, home schooled and U3A students.  Our library services have continued to provide up to date technical support to the community with all staff trained at advanced levels in technology to meet the demands of the community.  Weekly adult technology / computer literacy classes have been held throughout the financial year with all classes at 100% capacity.  Council has continued to advocate and support the development of increased opportunities for post school and adult education opportunities with implementation of Workability placements.  Council has continued to support and encourage cultural and creativity within the Shire with a continuing partnership with South East Arts to delivery local training opportunities, promotion of community events and the drafting of a Public Art Policy.

Forecasted areas of delay : Nil to report

L3 - Demonstrated respect and inclusion – by 2030 we are a harmonious community where everybody is welcomed, respected and diversity is celebrated.

Key achievements : We have continued to work in partnership with Aboriginal communities to narrow the gap on issues of employment, health and education.  Our childcare centres have been working on improving numeracy and literacy levels of our Indigenous children with 100% of actions approved by the Independent Indigenous Representative implemented. We have actively developed opportunities for employment with the appointment of an Aboriginal traineeship position in community services.  We are continuing to work with Aboriginal communities and have appointed an Aboriginal Liaison Officer to help implement projects. The Memorandum of Understanding is in the final review stages with local Lands Council and sign off is anticipated early in 2014.

Forecasted areas of delay Nil to report. 

L4 – Opportunities provided for all stages of life : by 2030 we have the opportunity to pursue meaningful employment, volunteering and wellbeing through all stages of life, and the contributions we make in our community are valued.

Key achievements : Activity to support young people and youth related opportunities is ongoing with funding identified for the Bega Youth Space.  It is anticipated that building works of the youth space will be completed by December 2014.  Volunteering is encouraged and supported through new projects including work at the Cobargo Cemetery and Pambula Cemetery with Rotary.  Our Halls and Cemeteries committees are now operating under revised committee structures, with sportsground committees transitioning during 2014.  A volunteer database is under development and is expected to be completed by June 2014.  Four new volunteers have been trained and inducted through library services which has assisted in the delivery of home library services to cater for older people or those with a disability.  

Forecasted areas of delay: Establishment of a program to encourage young people to volunteer as carers for ‘youth in crisis’.  This area requires review.  Work on development of a Volunteer Resource Centre is progressing, although an operating model of centre has not progressed at this stage.

Enterprising

Activity status as of December 2013

Summary of activity by Community Ambition Area.

E1 – Growth of our local economy : by 2030 we have increased business capacity and opportunities, generating ongoing economic development.

Key achievements : Research on population and business growth opportunity has been undertaken the inform the development of a draft Business Growth Plan.  The Business Growth Plan will be reported to Council February 2014.  Activities to support business opportunities in relation access to telecommunication services have taken place with the facilitation of the NBN satellite tracking station, and submissions to Federal government on mobile blackspots.

Forecasted areas of delay: All activities within the Enterprising area will be reviewed in alignment with the Business Growth Plan. 

E2 – Enhanced tourism opportunities by 2030 our tourism business opportunities are enhanced, and reflect the values of the community and the natural environment.

Key achievements: Work has continued in support of Australia’s Coastal Wilderness program.  Workshops have been held to support local operators and a local business forum is planned for May 2014.  The tourism and facility signage plan is being implemented with the design of signage completed.  Implementation of signage will progress through 2014.  Council has continued its active role on the Bundian Way Committee. Funding was received to employ a project manager to oversee works on the ground. The first stage works currently being agreed for Eden in Council/Crown Reserves around Northern and Western foreshores of Twofold Bay. Road works to upgrade Jigamy entrance currently under construction by the RMS (Princes Highway).  Our tourism infrastructure has been reviewed with Facility Management Plans for Jetties and Boat Ramps completed.

Forecasted areas of delay: All activities within the Enterprising area will be reviewed in alignment with the Business Growth Plan. 

E3 – Strong and diverse future by 2030 our economy is strong and diverse with vibrant regional district centres, and our traditional industries have had the opportunities to forge new futures.

Key achievements: Activity has been undertaken to improve vibrancy of regional centres with the completion of Stage 1 of Littleton Gardens.  Opening ceremony to mark the completion of this stage was held in December 2013.  Our regional centre has been enhanced and supported through the completion of the Bega By Pass and the completion of the Bega traffic and carpark study which was reported to Council.  Construction of service road for Merimbula CBD has had the design completed.  Negotiations are progressing in relation to volunteering planning agreement with other parties in Merimbula for Main Street development. Council has taken a facilitation role in the development of port opportunities in Eden.  Council has continued in a support role for the development of the South East Regional Hospital.  Local businesses have been supported to understand and adapt to emerging issues through the delivery of economic profiling workshops held in October 2013.

Forecasted areas of delay: All activities within the Enterprising area will be reviewed in alignment with the Business Growth Plan. 

E4 – Innovation supported by 2030 we are innovative and known for our commitment, support and encouragement to new and emerging services and industries.

Key achievements: Opportunities identified through the development of the draft Business Growth Plan to be reported to Council February 2014. Delivery of actions in this area to take place 2014-15.

Forecasted areas of delay: All activities within the Enterprising area will be reviewed in alignment with the Business Growth Plan

E5 – Confidence by 2030 we have community and investor confidence in our local economy and our local area

Key achievements: The proposed Economic Gardening project has been scoped with progress ongoing.  Support is ongoing to local business networks with Council facilitating connections and communications through the development of a section 355 committee commence in 2014.  Support of increased skill provision and training programs is ongoing as Council enters its third year of sponsorship of Community Training Partnerships plus representation on the board.  Support has continued for cruise ship visitations and marketing in Eden, and advocacy for tourism infrastructure for Eden port is ongoing.  The Merimbula airport Masterplan is completed and adopted by Council in August 2013. The construction of Merimbula airport runway renewal including lighting was completed in September 2013. The Operating model and subsequent Business Plan development is ongoing with financial, strategic and operational assessment of management operating models completed, workshopped and reported to Council, with final decisions deferred pending community consultation.

Forecasted areas of delay: All activities within the Enterprising area will be reviewed in alignment with the Business Growth Plan

Sustainability

Activity status as of December 2013

Summary of activity by Community Ambition Area

S1 – Valued natural environments – by 2030 the natural environment and ecosystems are appropriately protected and enhanced

Key achievements: Activities in place in partnership with NPWS to increase public awareness of shorebirds with patrols in place with Ranger staff and media coverage.  Council has continued work to support community awareness and understanding of the values of biodiversity with a vegetation clearing awareness campaign in development.    Partnerships are continuing with NSW Local Lands Services (LLS) with projects in weed management in place. The coastal zone management program is in progress with studies completed for the Pambula Lake Coastal Zone Management Plan.  Draft plan in preparation.  Lake Entrance Management Policy is in development and due for completion June 2014.  The Wapengo Catchment Action Plan is in development due for completion June 2014.  Council’s community environmental grants program has been delivered for the third consecutive year with good media coverage and on ground activities.   Tree management and tree preservation requirements under the Local Environment Plan have been reviewed.  The Bega River rehabilitation program in partnership with Local Lands Services has been completed with further stages implemented and will continue.

Forecasted areas of delay: Establishment of Coastal Co-op group including website  delayed due to resourcing.

 

S2 – Sustainable communities – by 2030 our community has the services, opportunities and support to live sustainably

Key achievements: Through the Efficiency Fund framework, Council is reviewing its energy usage through the completion of Energy Audits of Council assets.  Energy efficiency projects have been identified and are in implementation.  Waste audits at both kerbside and disposal sites to identify waste reduction opportunities has been completed.  Recycling program successfully in place across all serviceable properties.  Waste audits are guiding the review on 2020 Vision on waste program, and community consultation sessions will be taking place over 2014/15.  Council is supporting the community’s ambition to reduce reliance of cars for transport with the development of the cycling and pedestrian plan.  Early stages of community consultation have taken place which have guided the draft plan.  Draft to be reported to Council and available for community comment by June 2014.  Collaboration with Clean Energy for Eternity (CEFE) continuing with Tathra STP solar farm concept approved and funded with stage 1 for completion by April 2014.

Forecasted areas of delay Nil to report. 

S3 – Character and amenityby 2030 the character and amenity of our towns and villages is protected and enhanced.

Key achievements: Development controls that are consistent with community values are in place with the adoption of the Development Control Plan.  Landscape guidelines for inclusion of development consent conditions are in draft development and will be reported to Council by June 2014.  The existing open spaces of towns and villages are retained and supported through the commencement of Facility Management Plans.  Key themes and design concepts for key towns and villages are in development with inception meetings held with Chambers of Commerce in September 2013.  Initial community surveys completed at end of 2013.  Design, Vision and Options report is currently in draft developments with community feedback to commence in March 2014.

Forecasted areas of delay Nil to report. 

S4 – Proactive support and planningby 2030 there is proactive planning with the community for the protection of our built and natural environment.

Key achievements: Integrated Water Cycle Management Plan is in preparation which will assist the review of the Water Strategic Business Plan.  The Merimbula effluent reuse study to identify feasible utilisation areas has been completed and reported to Council.  Council have adopted a preferred approach for effluent management with subsidy funding discussions in place with NSW and Federal Government. The aim is the construction of deep ocean outfall and additional beneficial effluent re-use schemes in accord with Council’s Long Term Financial Plan.  Selected Operational Environmental Management Plans (OEMP) and user agreements are currently being revised and will be completed by June 2014.  A Climate Change Action Plan is in draft format and will be completed by June 2014.

Forecasted areas of delay Nil to report. 

Accessibility

Activity status as of December 2013

Summary of activity by Community Ambition Area

A1 Connected Communities – by 2030 our people, freight and destinations are connected to enable travel in, out or around the shire in a way that is safe, accessible and environmentally sustainable and the road network allows for efficient travel and is clearly marked.

Key achievements: Council bridge and drainage structures and road and path surfaces are being maintained and renewed in accordance with Asset Management Plans with no identified areas of delay to report.  Work is still in progress to construct a service road in Merimbula with developer planning agreement drafted.  The design for the Merimbula round-about is in progress with investigations on costs of Telstra and power services relocation taking place.  The Bega By-pass has completed with Council providing support through construction phase.

Forecasted areas of delay Nil to report

A2 Facilities and services -  by 2030 our infrastructure, facilities and services are strategically planned, located and designed and maintained to meet our local and visiting community needs

Key achievements: Council has trialled and subsequently installed energy saving street lighting.  Partnerships with community groups are in development for the management of sporting grounds, it is anticipated that committees will be operating under the new committee model by end of June, 2014.   A review of Asset Management Plans (AMP’s) to ensure community facilities and assets are maintained to standard and built to community needs is in development.  The review of AMP’s will operate through the installation of AIMS Authority system, the data base has been developed and support position to deliver will be appointed early 2014.   A continuing check of demographic data to enable feed-in to infrastructure and facility development plans has continued.  Four staff training sessions were held in October 2013 with partner Profile Id to model current demographic statistics from most recent Census (2012), and to enable update on training for population forecasting.  One community information session was also held for interest groups.

Forecasted areas of delay: Work with SCG and NSW transport working group for community transport and door to door packages.  This activity revised – for removal.. 

 

A3 – Essential servicesby 2030 our water, sewer and waste services meet public health and environmental health standards, and meet our local and visitor community needs

Key achievements: Scoping has commenced for consultation on fluoridisation of water supply systems.  Merimbula effluent reuse study completed and reported to Council. Lobbying has commenced to seek funding / subsidy opportunities through NSW state government capital work subsidies to upgrade STP works.  Investigation and feasibility studies have been completed on the options for Bemboka, Quamma, North Bega and Tarraganda sewerage, the position of Council as per Long Term Financial Plan (LTFP) is not to provide sewer services for these identified locations.   Council continues to provide waste services in a financially and environmentally sustainable manner with the construction of the Central Waste Facility completed and operation commenced in December 2013.  Landfill closure plans are now in place for Merimbula.  Bermagui closure plans are in design and planning phase with construction anticipated in 2014/15.  The design of Eden closure plans will commence in 2014/15.

Forecasted areas of delay: Nil to report.

 

A4 – Emergency Planningby 2030 our emergency services are supported and provide emergency response for our community during natural disasters.

Key achievements: The draft flood plain study has been completed and has been provided for community comment.  Application for funding has been made to complete the flood plain risk management plan which is targeted to take place over the 2014/15 period.  Administrative support continues for the Local Emergency Management Committee. 

Forecasted areas of delay: Nil to report.

 

Leading Organisation

Activity status as of December 2013

Summary of activity by Community Ambition Area.

LO1 – Proactive leadership – Bega Valley Shire Council is proactive in representing the needs and aspirations of our community.

Key achievements: Review and adoption of both the Code of Conduct and Code of Meeting Practice (now formally advertised) was completed in previous annual reporting period in alignment with Councillor elections and appointment.  This area of activity is conducted once per Council term, however a commitment to professional development opportunities for Councillors continues. Council continues to work with state agencies in the revision of strategic plans and development of performance measurements to enable improved evidence based reporting to the community.   Work will commence in 2014 / 15 to develop and finalise a register of Council’s representative commitments to enable effective review of area of representation, ensuring that community needs are represented.

Forecasted areas of delay: Nil to report.

LO2 – Business excellence – Bega Valley Shire Council is an organisation that embraces and demonstrates best practice governance and workplace excellence.

Key achievements: Council continues to review and effectively monitor cost recovery opportunities with progress continuing on the development of the Fees and Charges matrix to inform Council budget processes.  Implementation has commenced of E-service for rates and water, providing better access to the broader community.  A contract management system is in the early implementation stages and staff training will be provided as required.  Council’s procurement policy has been reviewed and adopted, with associated procedure currently under review to be finalised by March 2014.   Staff training options for procurement are currently being reviewed with recommendations to be finalised by June 2014.  Risk mitigation plans for the top 10 identified enterprise risks are in development.   Risk management training program for all managers and supervisors will be delivered in March 2014.   Council’s Work Health and Safety (WHS) framework policy has been reviewed and finalised and Lone Worker Procedure will be in place February 2014.  Council’s Business Continuity Plan (BCP) has been reviewed and finalised with an exercise completed in July 2013.  Implementation of strategies under the Workforce Strategy continue with a traineeship / cadetship program, aspiring leaders program and mentoring initiatives all ongoing.  Planning of the next Workforce Strategy framework for 2015 onwards will commence post June 2014.

Forecasted areas of delay: ‘Seeking enhanced funding through centrally coordinated approach’ requires review prior to development of 2014/15 planning.  Revenue source from the lease of carparks and airspace – review and remove for 2014/15.  Realise dividend return from water and sewer – review wording due to position of Council.  Review and update of Workforce Strategy will commence in 2014/15 reporting period.

LO3 – Informed and engaged - Our community is informed and engaged with opportunities to determine the direction of the shire with effective and accountable leadership.

Key achievements: Council’s Communications Strategy has been reviewed and adopted with ongoing work taking place for peer advice on implementation.  An annual program of community and Councillor forums have commenced, enabling greater access for our community to present ideas and projects to Council, listen to Council issues and have their say on issues of priority for them.  Staff training on engagement techniques and best practice will be taking place through 2014 /15 following the peer advice / consultant feedback on Communications Strategy and Community Engagement policy and procedure.    A community calendar is live and updated on Council website which identifies key community activities and community consultations, highlighting opportunities for the community to provide input and feedback.  Additional opportunities for community to engage with Council have been provided including online and physical suggestion boxes.  Council continues to provide quality customer service with opportunities for community to provide feedback on the service they received through monthly call back surveys.  These surveys enable staff to assess areas of improvement and ensure that customer satisfaction levels are maintained.

Conclusion

Across the organisation the 2013/14 Operational Plan and subsequently the 2012/17 Delivery Plan are progressing well.  The review and realignment of activity areas undertaken and adopted in June 2013 has enabled a more efficient development of annual activities, and this process will be further developed and enhanced through the review and development of the 2014/15 Operational Plan. This will include a review of performance measurement and inclusion of core operations under budget function areas.

 

ATTACHMENTS

Nil

 

Recommendation

That Council receive and note the status update on the 2013-14 Operational Plan and subsequent progress against the 2012-17 Delivery Plan

 


Council 12 February 2014                                                                                  Item 12.6

 

12.6.       Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference     

 

The Australian Local Government Women’s Association (ALGWA) NSW Branch will be hosted by Broken Hill City Council from 20–22 March 2014.

 

General Manager   

 

Background

The 2014 ALGWA (NSW) Conference will be held in Broken Hill 20-22 March 2014.  The theme for 2014 is “Embracing Change – be the driver not the passenger”.  A copy of the Conference Program and Registration information can be viewed on the ALGWA website:

http://www.algwa.org.au/docs/EmbracingChange2014.pdf

The annual ALGWA conference provides a platform for Councillors and staff to gather to discuss current and emerging issues facing women in local government.

ISSUES

Financial

The cost for each delegate to attend the Conference includes the early bird registration (by 21 February 2014) of $865 (inc GST), as well as airfares (approx $1300), accommodation expenses ($90 – $190 per night) and incidental expenses.  Registration cost includes business papers, proceedings of the conference and some meals.

The 2013/14 Budget provides for $32,570 for delegates expenses and the professional development of Councillors. This budget area includes any costs for Councillors attendance at meetings as delegates to committees.

Funding source

Amount

Councillors continuing professional development

Delegates expenses

$

 
12,410

20,160

$

 

Approximately $14,000 has been expended from delegates expenses and a further $8,000 (dependant on the number of Councillors attending) will be required to attend the ALGA National General Assembly.

Councillors resolved to hold two day workshop in February 2014 at an approximate cost of $11,000 including room hire and accommodation costs.

Operational Plan

The Operation Plan identifies training and conference attendance by Councillors as an activity.

Conclusion

ALGWA conference provides a platform for councillors and staff to gather to discuss current and emerging issues facing women in local government. 

 

ATTACHMENTS

Nil

 

Recommendation

That Councillor/s (to be determined at the meeting) be authorised to represent the Council at the Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference to be held in Broken Hill 20-22 March 2014, and that the necessary expenses be defrayed by the Council in keeping with its policy.

 


Council 12 February 2014                                                                                  Item 12.7

 

12.7.       Wenzhou Delegation     

 

A return delegation from Wenzhou City, Zhejiang Province, China was received on 25 November 2013 by the Bega Valley Shire Council. The purpose of the delegation was to gain further information about the Bega Valley Shire in the areas of Business, Infrastructure, Education, Tourism and Industry.

 

 

General Manager  

 

Background

A return delegation from Wenzhou City, Zhejiang Province, China was received on 25 November 2013 by the Bega Valley Shire Council. The purpose of the delegation was to gain further information about the Bega Valley Shire in the areas of Business, Infrastructure, Education, Tourism and Industry.

The delegation of 7 included the Vice Mayor of Wenzhou, Vice Secretary-General of Wenzhou Municipal Government, Chairman of Wenzhou Airport Group, Vice Director of Wenzhou Transport Bureau and Director of Wenzhou Port Authority, Vice Director of Wenzhou Foreign Affairs Office, Office Chief of Wenzhou People’s Association for Friendship with Foreign Countries and the CEO of the Australia International Trade Association and Executive Chairman of Australasia – China Sister Cities Summit.

During their short time in the Shire, the delegation visited the Sapphire Coast Anglican College where they were welcomed by the students and signed a Memorandum Understanding of Friendship, they went on a guided tour of the Bega Cheese packaging plant, attended a welcome reception and lunch at Bega Valley Shire Council, had an encounter with our native wildlife at Potoroo Palace, visited tourist attractions between Bega and Eden including a B&B in Eden overlooking the Eden Port, Eden Port and viewed the proposed wharf development site, and a tour of the Eden woodchip mill. The day concluded with a dinner in Merimbula and included Councillors, Chamber of Commerce & Industry, Sapphire Coast Tourism, and past delegates from the Nanyang City visit in April 2013. The tour itinerary was developed following requests from the delegation.

Mayor Bill Taylor and Mr Chen Hao, Vice Mayor People’s Republic of China Wenzhou City Zhejiang Province signed a letter of intent for Friendship and Co-operation between Bega Valley Shire and the People’s Republic of China Wenzhou City Zhejiang Province. It was intended that Council would resolve to enter into a formal agreement of Friendship and Co-operation in early 2014. 

 

The agreement authorises representatives of the two organisations to continue discussions to achieve positive community and commercial outcomes in the area of:

·    Arts and Culture

·    Infrastructure

·    Education

·    Tourism and Hospitality

·    Agriculture, Fishing and Forestry

·    Student and Youth Exchange

·    Business and Industry

 

Conclusion

The feedback from the delegation was very positive and they enjoyed their time in the Shire. Mr Michael Guo, CEO of the Australia International Trade Association and Executive Chairman of Australasia – China Sister Cities Summit expressed continued interest in future delegations both to China and to the Bega Valley Shire. The potential for greater visitation and business growth from this initial delegation could pay substantial dividends for the many businesses and tourism operators in the Shire as well as educational exchanges and opportunities.

 

ATTACHMENTS

1View. 2014.02.12 attachment DRAFT wenzhou city zhejiang province letter of agreement for friendship and cooperation

 

Recommendation

1.   That Council resolve to sign the Agreement for Friendship and Co-operation with the People’s Republic of China Wenzhou City, Zhejiang Province.

2.  That Council approve discussion of future delegations both to and from China which would be reported in detail to Council if and when the time arises.

 


Council

12 February 2014

Item 12.7 - Attachment 1

2014.02.12 attachment DRAFT wenzhou city zhejiang province letter of agreement for friendship and cooperation

 

8                                  
NO

 

 

 


Agreement

For

Friendship and Co-operation

Bega Valley Shire, New South Wales, Australia

and

Peoples republic of China

Wenzhou City, Zhejiang Province

 

AGREEMENT FOR FRIENDSHIP AND CO-OPERATION

 

On 12 February 2014 the Bega Valley Shire Council resolved to affirm their friendship and co-operation between Bega Valley, NSW Australia and Wenzhou City, Zhejiang Province China.

The agreement authorises representatives of the two organisations to continue discussions to achieve positive community and commercial outcomes in the areas of:

·  Arts and Culture

·  Infrastructure

·  Education

·  Tourism and Hospitality

·  Agriculture, Fishing and Forestry

·  Student & Youth Exchange

·  Business and Industry

Bega Valley and Wenzhou City will continue to develop their friendship and this agreement will be formally signed by both their organisations by 31 March 2014.

 

Signed: …………………………                                             Signed:…………………….

Date: .........................................                                             Date: ………………………

Cr Bill Taylor                                                                         Mr Chen Hao

                                                                                   

Mayor                                                                                      Vice Mayor

Bega Valley Shire Council                                                       People’s Republic of China

Bega NSW Australia                                                               Wenzhou City Zhejiang Province

                                               

                       


Council 12 February 2014                                                                                  Item 12.8

 

12.8.       Expressions of interest for community engagament and communications reference group     

 

Council resolved at its meeting on 22 January 2014 to establish a community engagement and communications reference group.

 

General Manager   

 

Background

At its meeting on 22 January 2014 Council resolved:

That Council request staff develop guidelines for the establishment of a reference committee to assist and advise Council on community engagement and communication and that the guidelines and framework for the committee be reported to the next Council meeting.

Bega Valley Shire Council recognises the important role community members play in planning for, providing and guiding Council services.  There are a number of groups and individuals that contribute positively to working with Council and who have ideas about how Council and the community can work better together. The role of the community engagement and communications reference group is to provide a forum where ideas from the community can be brought forward to assist Council ensure we are listening, providing opportunity for people to have input in the decisions about their place and that Council’s processes and procedures are clear and consistently applied.

To establish the Community Engagement and Communications Reference Group it is recommended that Council call for expressions of interest from people interested in contributing towards and that the nominations be reported to Council for appointment of a reference group with up to 12 members. It is also recommended that due to the importance of this function that the Reference Group be chaired by the Mayor and that the Chair of the Leading Organisation Committee also be a member of the group. All Councillors are able to attend and participate in the Reference Group discussions. The General Manager and key staff will also attend meetings.

The attached guidelines assist establish the group. The role of the Community Engagement and Communications Reference Group is to work with Council in the formulation and planned implementation of its Communications Strategy, Community Engagement Policy and Community Engagement Procedure in accordance with Council’s policies and budgets.

ISSUES

Legal

Under the Local Government Act 1993 Council can establish a committee with specific restrictions. As the reference group will be providing advice and input into

Policy

Council is currently in the process of calling for tenders for companies to review its communications strategy, community engagement policy and procedure and to assist with the development of an action plan and staff training. The Reference Group will provide critical input into ensuring that Council works with the community in these areas into the future.

Consultation

This Reference Group will assist improve and add value to Council’s consultation framework.

Financial

There will be no direct financial impact except for the direction of staff resources which is seen as being important.

Resources (including staff)

The General Manager and other key staff will attend the Reference Group Meetings.

Operational Plan

The review of communications and community engagement are itemised in the operational plan.

Conclusion

The Council resolved at its meeting on 22 January to establish a reference group to work with the Council to add value its communications and engagement with the community.

 

ATTACHMENTS

Nil

 

Recommendation

That Council call for expressions of interest from interested members of the community to become members of the Community Engagement and Communications Reference Group.

   


Council                                                                                                        12 February 2014

 

 

Notices of Motion

 

12 February 2014

 

16.1           Kalaru Race Course - amendments to planning proposal..................... 252


Council 12 February 2014                                                                                  Item 16.1

 

16.1.  Cr Michael Britten - Kalaru Race Course - amendments to planning proposal       

 

Background

It was apparent at the meeting held on 22 January, 2014, that not all Councillors were fully conversant for the need for this deferred matter to have a final Resolution on its zoning and a further report is therefore needed to re-list the matter with Council for decision. 

Cr Michael Britten

 

ATTACHMENTS

Nil

 

NOTICE OF MOTION

That the Amendments to planning proposal for the Kalaru Race Course and its zonings be further reported to Council as soon as possible for a resolution of this deferred matter and that the further report include explanations for Councillors of all the implications that necessitate the matter being resolved.