Ordinary Meeting Minutes

Held on Wednesday, 25 June 2014

at Council Chambers, Bega commencing at 2.00 pm

 


 Present

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

 In Attendance

General Manager, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Acting Group Manager Planning and Environment, Mr Jeff Tipping

Business and Technology Manager, Mr Lucas Scarpin

Minute Secretary

 

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the shire – the people of Yuin nation and show our respect to elders past and present.

 

1.

Confirmation of Minutes

110/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

That the Minutes of the Ordinary Meeting held on 28 May 2014 as circulated, be taken as read and confirmed.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and                             Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

2.

Apologies

 

111/14

RESOLVED on the motion of Crs Mawhinney and Allen

That an apology from Cr Hughes be accepted for his inability to attend the meeting

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

3.        Declarations

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary interest regarding Item 10.2 ANZ @ work, on the basis that he is a Director of the Bendigo Bank.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.

Non-Pecuniary Interest

Cr Seckold declared a non-pecuniary interest regarding Item 12.4 Applications for Financial Assistance, on the basis that she is a member of two committees who applied for financial assistance.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

 

4.        Deputations (by prior arrangement)

 

 

Suspension of Standing Orders

112/14

RESOLVED on the motion of Crs Seckold and Tapscott

That Standing Orders be suspended to allow the following persons to address Council:

Regarding Item 11.5 Public Toilet Management Plan

·    Ms Lindsay Parsons

Regarding Item 8.1 Finalisation of Mapping Amendments No.1 Planning Proposal

·    Mr Gary Pearse

·    Mr Alick Osborne

Regarding Item 8.2 Modification to Development Consent – Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite – (Costin’s Quarry)

·      Mrs Nina Ann Vipond

Regarding Item 11.1 Littleton Gardens Stages 2-4

·     Mr John Watkin on behalf of Bega Chamber of Commerce and Industry

In favour:       Crs Taylor, Britten, McBain, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

Ms Parsons addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That an extension of time of two minutes be granted to Mrs Parsons to complete her address.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

The Mayor thanked Ms Parsons for her address.

 

Mr Pearse addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Mawhinney and Tapscott

That an extension of time of two minutes be granted to Mr Pearse to complete his address.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

The Mayor thanked Mr Pearse for his address.

 

Mr Osborne addressed Council and responded to questions from Councillors.

The Mayor thanked Mr Osborne for his address.

 

Ms Vipond addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Britten and Mawhinney

That an extension of time of two minutes be granted to Ms Vipond to complete her address.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

The Mayor thanked Ms Vipond for her address.

 

Mr Watkin addressed Council and responded to questions from Councillors.

The Mayor thanked Mr Watkin for his address.

 

 

5.        Petitions

There were no Petitions

 

6.        Mayoral Minutes

There were  no Mayoral Minutes

 

 7.

Adjournment into Standing Committees

113/14

RESOLVED on the motion of Crs Mawhinney and Seckold

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

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and                             Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

2:36 pm      The Ordinary meeting adjourned and formed in the committee.

 

8.        Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.

 

8.1

Finalisation of Mapping Amendments No. 1 Planning Proposal

 

 

114/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the matter be dealt with at the meeting following the deputations as no new issues were raised.

 In favour:      Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

 

1.       That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal Mapping Amendments No. 1.

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

3.       That all those persons who have made submissions be advised of the above.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and                              Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

8.2

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

 

 

115/14

RESOLVED on the motion of Crs McBain and Tapscott

That the matter be deferred to be discussed at a later stage

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

 

8.3

Bega Valley Shire Council Climate Change Strategy

 

 

116/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

That Council endorse the Bega Valley Shire Council Climate Change Strategy 2014

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

.

 

9.        Staff Reports – Community and Relationships (Liveability)

There were no Community and Relationships (Liveability) reports.

 

10.      Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.

 

10.1

Proposed Policy (2.09) - Local and Social Procurement

 

 

117/14

RESOLVED on the motion of Crs Britten and Tapscott

That Council adopt the attached policy 2.09 – Local and Social Procurement

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

10.2

ANZ@Work

 

 

118/14

Cr Fitzpatrick declared a pecuniary interest regarding Item 10.2 ANZ @ work, on the basis that he is a Director of the Bendigo Bank. 

02:48 pm    Cr Fitzpatrick left the meeting.

RESOLVED on the motion of Crs Britten and Mawhinney

That Council resolve to allow Council employees to have access to ANZ@Work

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen

Against:           Nil

Absent:            Crs Hughes and Fitzpatrick

02:50 pm    Cr Fitzpatrick returned to the meeting.

 

11.      Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.

11.1

Littleton Gardens Stages 2 - 4

 

 

119/14

RESOLVED on the motion of Crs Britten and Tapscott

1.       That Council host a workshop with the Littleton Gardens Consultative Group and the Bega Chamber of Commerce prior to final consideration of the commencement of the next stages of the Littleton Gardens master plan and a discussion take place in regard to the Bega Traffic Study.

2.       That Council staff proceed with making appropriate funding application from the           Public Reserve Management Fund for the next stages of Littleton Gardens.

3..      That Council approve the demolition and disposal of the 81 Gipps Street cottage as part of the proposed upgrade of the Gipps Street car park.

4.       That the General Manager ensure appropriate communication to inform the community of the scope and timing of the staged works.

5.       That the memorials be reinstalled in the stage 1 area of Littleton Gardens.

 

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

11.2

Request to lease a section of unformed road reserve at North Bega

 

 

120/14

RESOLVED on the motion of Crs McBain and Britten

1.       That Council publicly advertise the proposal to lease a section of unformed road reserve on the corner of West and Ridge Streets, North Bega to Finnerty Automotive and that a notice be served on the owners of land adjoining the length of West and Ridge Streets in North Bega, allowing a period of 28 days for any submissions to be received.

2.       That if any submissions are received, a further report be prepared for Council’s consideration.

3.       That if no submissions are received and the development application receives consent, Council approve a five year lease to Finnerty Automotive of a 380m² section of unformed road reserve adjoining Lot 3 DP 539154 West Street, North Bega at current market value.

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

5.       That Council, as the roads authority, cause notice of the grant of any lease in the local newspaper under Section 156 of the Roads Act 1993.    

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

11.3

Beach Control 2013/2014

 

 

121/14

RESOLVED on the motion of Crs McBain and Seckold

That Council note the 2013/2014 beach control service report.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

11.4

Merimbula Effluent Management Strategy

 

 

122/14

RESOLVED on the motion of Crs Allen and McBain

 

That an Environmental Impact Statement (EIS) process for Merimbula Effluent Management Strategy be commenced. The Merimbula Effluent Management Strategy projects to be assessed include upgrading Merimbula Sewage Treatment Plant to improve effluent quality, to construct and operate a deep water ocean outfall for the disposal of effluent unable to be reused.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

11.5

Public Toilet Management Plan

 

 

123/14

RESOLVED on the motion of Crs Britten and Allen

1.       That the content of this report be noted. 

2.       That Council endorses the public toilets renewals programme outlined in this report based on the revised whole of life costs illustrate, excluding the toilet at Quaama Hall, Quaama.

3.       That a report be prepared for Council on the toilet facilities at Quaama.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

 

11.6

RMS Handover of old Princes Highway

 

 

124/14

RESOLVED on the motion of Crs Allen and Seckold

1.       That Council note the report and the extensive negotiation undertaken by Council staff to achieve the funding proposed by the Roads and Maritime Services.

2.       That Council accept the offer of $1,344,462 as compensation for the rehabilitation, and associated works required to restore Carp Street, Gipps Street and Newtown Road.

3.       That Council accept the declassification of Carp Street to become a regional road and Gipps Street and Newtown Road from State Highway to Local Road.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

11.7

Design & Construct for the Bega Maher Street Depot - Tender 16/14

 

 

125/14

RESOLVED on the motion of Crs Allen and Britten

1.        That Council agree with the recommendations as per the confidential attachment.

 

2.       That Council accept the tender from Grant Dowdle Building Pty Ltd  in relation to contract for the works described in Tender 16/14, in the amount of $369,134.00 (including GST), subject to variations, provisional sums and prime cost items.

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

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

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

12.      Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.

 

12.1

Candelo Town Hall Cafe Lease

 

 

126/14

RESOLVED on the motion of Crs Britten and Seckold

 

1.       That Council, as Reserve Trust Manager of the Candelo (R.180039) Reserve, resolve in principle to enter into a five year retail lease with an option for a further five years of the Candelo Town Hall Café with Mr Ross Morgan on the terms proposed, with a commencing lease fee of $5,000 per annum.

2.       That Council agree to a rent free period of three months, to begin at the issuing of the consent, to allow the tenant to fit-out the building at his own cost.

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

4.       That in accordance with the requirements of the Crown Lands Act, Council obtain Minister’s consent to the new lease.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

12.2

Occupation of Council managed Crown Reserves at Eden by Playability, Eden Childcare Centre & Eden Preschool

 

 

127/14

RESOLVED on the motion of Crs McBain and Seckold

 

1.       That Council, on behalf of the Eden (R180019) Reserve Trust, approve a 10 year licence to Playability Incorporated at statutory minimum annual rental.

2.       That Council, on behalf of the Eden Nursery (R180000) Reserve Trust, approve a 10 year licence to Eden Childcare Centre at statutory minimum annual rental.

3.       That Council, on behalf of the Eden Kindergarten (R89653) Reserve Trust, approve a 10 year licence to Eden Preschool at statutory minimum annual rental

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

5.       Those in accordance with the Crown Lands Act 1989, Council obtain Minister’s consent to the licence agreements. 

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

12.3

Councillor and Mayoral Fees (Section 241 Local Government Act)

 

 

128/14

RESOLVED on the motion of Crs Britten and Seckold

 

1.       That Council resolve the annual fee payable of $17,930.00 to Councillors monthly in arrears from 1 July 2014 to 30 June 2015.

2.       That Council resolve the annual fee payable of $39,110.00  to the Mayor monthly in arrears from 1 July 2014 to 30 June 2015.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen

Against:           Cr Fitzpatrick

Absent:            Cr Hughes

 

 

12.4

Applications for Financial Assistance (Section 356)

 

 

129/14

Cr Seckold declared a non-pecuniary interest regarding Item 12.4 Applications for Financial Assistance, on the basis that she is a member of two committees who applied for financial assistance

03:17 pm    Cr Seckold left the meeting.

RESOLVED on the motion of Crs Britten and McBain

1.         That Council agree with the recommendations as per the confidential attachment.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Crs Hughes and Seckold

 

2.         That Council support the following projects at the nominated level of support:

 

·         Bermagui Sculpture on the Edge                                  $3186.00

·         Clean Energy for Eternity                                             $2000.00

·         Bermagui Chamber of Commerce and Tourism                    $2000.00

·         Eden Chamber of Commerce                                                $2000.00

·         Bega Squash Club                                                        $500.00

3.       That all successful applicants be advised accordingly

4.       That all unsuccessful applicants be contacted and afforded the opportunity to apply again under the revised procedure

In favour:       Crs Taylor, Britten, McBain, Tapscott, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Crs Hughes and Seckold

03:20 pm    Cr Seckold returned to the meeting.

 

 

12.5

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

 

 

130/14

RESOLVED on the motion of Crs Britten and Seckold

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.

 

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

12.6

Adoption of 2014-15 Operation Plan, Budget,  Fees and Charges

 

 

131/14

RESOLVED on the motion of Crs Britten and McBain

1.       That the Draft Operational Plan, including the Revenue Policy be adopted.

2.       Council makes the Rates and Charges for the 2015 financial year as per the Draft Operational Plan and included in this report.

3.       That the Draft Fees and Charges with internal amendments be adopted.

 

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold and Mawhinney

Against:           Crs Allen and Fitzpatrick

Absent:            Cr Hughes

 

 

RESOLVED on the motion of Crs Britten and  McBain

That the following items be deferred for discussion in closed session:

 

4.       That Council resolve its level of support for community budget requests in relation to the Draft Operating Budget:

·   Request to amend the LTFP to bring forward funding for Government Road and to identify funding for the Lake Curalo boardwalk and other works in the Estate.

·   Request for an additional funding allocation of $75,000 above the already budgeted value for 2014-15 to assist Sapphire Coast Tourism (SCT) with the promotion of the shire to attract visitors to the region which will include a focus on digital media opportunities.

 

5.       That the Draft Operating Budget be adopted.

 

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold and Mawhinney

Against:           Crs Allen and Fitzpatrick

Absent:            Cr Hughes

 

6.      Council hereby resolves:

a)           General Fund

(i) General Rates

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0038747 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 and;

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0038747 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 516 of the Local Government Act 1993 and;

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0069834 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 516 of the Local Government Act 1993 and;

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0069834 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 516 of the Local Government Act 1993 and;

(ii)          Stormwater Charge

·         to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $5.00 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993.

(iii)         Domestic Waste and Recycling Collection Charge

·         to make an annual Domestic Waste Collection charge of $393.00 per annum to provide a once-weekly 140-litre domestic waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment, for all properties categorised as residential and farmland in accordance with Sections 496 and 505 of the Local Government Act 1993 and where those properties are located within Council’s waste collection area. The service charge will be levied on:

§  each residential dwelling or;

§  in the case of multi-unit complexes each residential unit in a multiple unit complex.

·         to make, if further capacity is required, upon request, a second waste service, with an additional charge of $204.50 per annum and for a second recycle service with an additional charge of $107.50.

·         to make a waste availability charge of $79.50 to be levied on all vacant land where those properties are located within Council’s waste collection area.

(iv)         Domestic Garden Organics Collection Charge

·         to make an annual Domestic Garden Organics Collection charge of $54.00 per annum for the monthly 240 litre domestic garden organics collection service for properties categorised as residential in accordance with Section 516 of the Local Government Act 1993 and where those properties are located within Council's waste collection area for urban areas and villages. The service charge will be levied on:

§  each residential dwelling or;

§  in the case of multi-unit complexes each residential unit within a multi-unit complex.

(v)          Commercial Waste Collection Charge

·         to make an annual Commercial Collection charge of $540.50 which meets the costs of the once-weekly 240-litre commercial waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment. In the serviced areas, each service entitles the user to a once weekly kerbside collection service from one 240-litre mobile garbage bin (being General Waste and Recycling) on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

·         to make, if further capacity is required, upon request, a second waste service, with an additional charge of $226.50 per annum and for a second recycle service with an additional charge of $160.00.

(vi)         Commercial Garden Organics Collection Charge

·         to make an annual Commercial Garden Organics Collection charge of $54.00 per annum for the monthly 240 litre commercial garden organics collection where requested. In the serviced areas, each service entitles the user to a monthly kerbside collection service from one 240-litre mobile garbage bin on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

 

b) Water Supply Fund

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

(i) Water Supply Charges

·         to make a charge by measure in the amount $2.50 per kilolitre for all water supplied by Council within or without of its area pursuant to section 502 of the Local Government Act 1993.

·         to make an annual Access Charge for each connection to Council's water supply at a charge determined according to the size of such connection as set out in the following schedule:

Particulars

Volume factor

Access charge

Charge per Kl $

20mm Water Connection

1.00

$198.00

$2.50

25mm Water Connection

1.56

$308.88

$2.50

32mm Water Connection

2.56

$506.88

$2.50

40mm Water Connection

4.00

$792.00

$2.50

50mm Water Connection

6.25

$1,237.50

$2.50

65mm Water Connection

10.56

$2,090.88

$2.50

80mm Water Connection

16.00

$3,168.00

$2.50

100mm Water Connection

25.00

$4,950.00

$2.50

150mm Water Connection

56.25

$11,137.50

$2.50

200mm Water Connection

100.00

$19,800.00

$2.50

Strata Title Units (per unit)

1.00

$198.00

$2.50

Unconnected properties which are able to connect (ie vacant land)

$198.00

·         to make an annual Access Charge of $198.00 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council;

·         that subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.50 per kilolitre;

c) Sewerage Local Fund

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

(i) Sewerage Service Charges

·         to make a flat sewerage service charge of $1,109.00 for all residential and farmland properties except residential strata and residential non strata properties connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the Local Government Act 1993;

·         to make a flat sewerage service charge of $1,109.00 for each residential strata unit connected to the Council's sewerage service network and categorised as residential in accordance with Sections 516 of the Local Government Act 1993;

·         to make a flat sewerage service charge $1,109.00 for each residential non-strata unit connected to the Council's sewerage service network categorised as residential in accordance with Sections 516 of the Local Government Act 1993;

·         to make a flat sewerage service charge $554.50 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the Local Government Act 1993 that are not connected and able to connect to the Council's sewerage service network.

·         to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 516 and 517 of the Local Government Act 1993, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $3.69 per kilolitre;

·         to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 516 and 517 of the Local Government Act 1993, calculated on the combination of a flat charge of $1,109.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below

·         to make a flat sewerage service charge $554.50 for all properties categorised as business or mining in accordance with Sections 515 and 516 of the Local Government Act 1993 that are not connected and able to connect to the Council's sewerage service network.

·         Council notes that the discharge bands have been determined by the NSW Office of Water in its best practice guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

 

DISCHARGE FACTORS

Discharger

BVSC proposed

B&B

75

Bakery

95

Boarding house or Hostel

90

Butcher

95

Café/Bistro/Cakes/Patisserie

95

Car Detailing

95

Car Wash - hand wash only

75

Car Wash (Robo, clean & go, gerni type)

95

Caravan Park

75

Charcoal Chicken

95

Chicken/Poultry Shop

95

Churches

95

Club (e.g. bowling, golf, racing)

50

Club (e.g. RSL, surf club)

95

Commercial swimming pool

85

Community properties (halls)

95

Community properties (reserves, sporting facilities, etc)

51

Concrete batching plant

10

Craft/stonemason

95

Day Care Centre’s / Pre-schools

95

Delicatessen, mixed business

95

Dental Surgery

95

Depot ( bus, courier, truck, taxi, fuel)

95

Factory/Industry/Warehouse

95

Food processing

90

Fresh Fish Shop

95

Funeral parlor

95

General retail / services

95

Government department

95

Hairdresser / Beauty salon

95

Hospital

95

Hotel

100

Joinery

95

Laundry

95

Marina

90

Mechanical workshop

95

Mechanical workshop w/ car yard

85

Medical practice (incl. physio, herbal medicine, etc)

95

Motel

90

Multi-premise commercial (strata plan, dual occupancy)

95

Nursery

70

Nursing home

90

Office Building  

95

Optical Service

95

Panel beating/spray painting

95

Printer

95

Radiator repairer

90

Restaurant (including cafes, canteens, bistros)

95

Schools (Primary)

95

Schools (Secondary)

95

Schools (TAFE, University, etc)

95

Seafood processing

90

Self Storage

90

Service station

90

Shopping centre

85

Supermarket

95

Take away food

95

Veterinary practice, Kennels or Animal wash

80

Wreckers

90

Volume Factor – Sewer

VOLUME FACTORS

Meter size

Factor

Availability charge per year

20mm

1.00

$1,109.00

25mm

1.56

$1,730.04

32mm

2.56

$2,839.04

40mm

4.00

$4,436.00

50mm

6.25

$6,931.25

65mm

10.56

$11,711.04

80mm

16.00

$17,744.00

100mm

25.00

$27,725.00

150mm

56.25

$62,381.25

200mm

100.00

$110,900.00

Liquid Trade Waste

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

·         to make an application fee of $358.00 for new applications and $274.00 for change of use applications.

·         to make an annual inspection fee of $121.00 per inspection and $58.00 for re-inspections.

·         to make a Liquid Trade Waste usage charge of one dollar ($1.00) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

Band

Discharge factor

1

0%

2

0%

3

10%

4

20%

5

30%

6

50%

7

60%

8

80%

9

90%

2S

% N/A

d) Exemptions – General Rates, Water & Sewer Access Charges

Council hereby resolves that in accordance with the provisions of Sections 555 to 558 of the Local Government Act 1993 the following exemptions must be applied:

Crown Land (general rates, water and sewer access charges)  All Crown Land that is not being held under a lease for private purposes.

National Parks (general rates, water and sewer access charges) National parks, historic sites, nature reserves, state game reserves or conservation reserves whether or not the land is affected by a lease, licence, occupancy or use.

Conservation Agreements (general rates only, not water and sewer) Land that is a subject of a conservation agreement, any rate levied on that whole parcel of land is to be reduced by the percentage of the land in which the conservation agreement covers.

Churches or places of public worship (general rates, water and sewer access charges) Churches or places or public worship, minister’s residence, places used for religious teaching or training, and official head or assistance official head of any religious body in the State or in any diocese within the State

Schools (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with a school, school playground or residence occupied by a teacher, employee or caretaker of the school, as defined by the Education Act 1990.

Government Departments, Council, or Emergency Service (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with an emergency service or Government department, Council or an emergency service or Government department or Council office or residence provided that it is not commercially leased. This includes Police Stations and residences, Ambulances Stations and residences, Fire Stations and Government offices.

Aboriginal Land Council (general rates only, not water and sewer) Land that is culturally sensitive vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council under Section 43 of Aboriginal Land Rights Act 1983 exempts Local Aboriginal Land Councils from the payment of rates and charges to Local Government Authorities and water supply authorities on certain types of lands.

The types of lands which may be exempt from rates include:

·         Land listed in Schedule 1 of the Aboriginal Land Rights Regulation 2002

·         Land that is not being used for a commercial or residential purpose (vacant land); and

·         Land not being used for a residential purpose and declared by the LALC to be of cultural or spiritual significance.

If land is either listed in Schedule 1 or is vacant land, it is automatically exempt from rate exemptions.

To obtain a rates exemption for land not being used for a residential purpose but is declared by the Local Aboriginal Land Council to be of cultural or spiritual significance (this could include land being used for a commercial purpose such as a cultural centre or museum), the Minister must approve the resolution and list the land in Schedule 1 of the Aboriginal Land Rights Regulation.

Land below a high water mark (general rates only, not water and sewer) Land that is below high water mark and is used for any aquaculture relating to the cultivation of oysters  (Detailed in the Fisheries Management Act 1994).

Public places (general rates only, not water and sewer) Land that is a public place.

Public cemetery (general rates only, not water and sewer) Land used for a public cemetery and vested in the Crown, a public body or trustees.

Public library (general rates only, not water and sewer)  Land used solely for a free public library and vested in the Crown, a public body or trustees.

Public hospitals (general rates, water and sewer access charges) Land that belongs to a Public Hospital.

Area Health Service (general rates only, not water and sewer) Land that is vested in an area health service.

Non-profit community organisations (general rates, water and sewer access charges)  Council elects that upon application by registered non-profit community organisations and sporting ovals controlled by non-profit community organisations, Council will waiver all water access charges.  The organisations will be assessed by Council on the following criteria:

·         Must be a registered non-profit community organisation.

·         Property has to be owned by and used for the purpose defined in the organisation’s charter (unless the tenant can demonstrate that they have taken on the burden of ownership as part of the tenancy agreement)

·         Must be solely operated and/or managed by volunteers.

·         Must be open to all members of the public (or all members of the public that fall into specified sections of the community as recognised in the organisation’s charter)

In relation to aged care facilities:

They must fall into the categories of either high level care (nursing home) or low level care (hostel) accommodation.  The exemption does not extend to self-care units for people that are living independently, as you would in your own home, in a retirement village or aged care complex.

Where the self-care units are part of an ageing in place facility, Council will negotiate the level of exemption with the organisation based on the proportion of residents in the self-care section of the facility.

e) Pension Claim

In accordance with Section 575 of the Local Government Act 1993, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

     General Rates and Domestic Waste Services: $250.00

     Water Supply Fund: $87.50

     Sewerage Supply Fund: $87.50

f)  Interest on Overdue Rates and Charges

Council hereby resolves that in accordance with the provisions of Section 566(3) of the Local Government Act 1993 the interest rate to apply to all outstanding rates and charges for the period 1 July 2014 to 30 June 2015 be calculated at 8.5% per annum being the maximum interest rate allowable under the provisions of the Local Government Act 1993 as advised by the Office of Local Government in its circular numbered 14-06 dated March 21, 2014.

 

 

 

 

12.7

Communications and Community Engagement Reference Group

 

 

132/14

RESOLVED on the motion of Crs McBain and Seckold

That Council endorse Joanna Dodds as a member of the Community Engagement and Communications reference group

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

12.8

Southern Councils Group and South East Regional Organisation of Councils membership models

 

 

133/14

RESOLVED on the motion of Crs Britten and McBain

1.       That Council support the General Manager progressing the Southern Councils Group resolution on the winding up of SCG and investigation into taking up membership of South East Regional Organisation of Councils and formally provide notice of intention to terminate membership.

2.       That a report on this matter be presented to Council following the Southern Councils Group meeting in July 2014.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

12.9

Establishment of Council Finance Committee

 

 

134/14

RESOLVED on the motion of Crs Britten and McBain

1.       That Council establish a Finance Committee chaired by the Mayor.

2.       That all Councillors make up the membership of the Committee

3.       That the first meeting of the Committee resolve to adopt the terms of reference of the Committee.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

3:30 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

135/14

RESOLVED on the motion of Crs Britten and Mawhinney

That all motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting, excluding the following:

·    10.2            ANZ@Work

·    12.4            Applications for Financial Assistance (Section 356)

·    12.6            Adoption of 2014-15 Operation Plan, Budget, Fees and Charges

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

Cr Seckold declared a non-pecuniary interest regarding Item 12.4 Applications for Financial Assistance, on the basis that she is a member of two committees who applied for financial assistance.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

03:32 pm    Cr Seckold left the meeting.

RESOLVED on the motion of Crs Britten and Mawhinney

1.       That Council agree with the recommendations as per the confidential attachment.

2.       That Council support the following projects at the nominated level of support:

 

·         Bermagui Sculpture on the Edge                                  $3186.00

·         Clean Energy for Eternity                                             $2000.00

·         Bermagui Chamber of Commerce and Tourism                    $2000.00

·         Eden Chamber of Commerce                                                $2000.00

·         Bega Squash Club                                                        $500.00

3.       That all successful applicants be advised accordingly

4.       That all unsuccessful applicants be contacted and afforded the opportunity to apply         again under the revised procedure

In favour:       Crs Taylor, Britten, McBain, Tapscott, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes and Seckold

03:33 pm    Cr Seckold returned to the meeting.

Cr Fitzpatrick declared a pecuniary interest regarding Item 10.2 ANZ @ work, on the basis that he is a Director of the Bendigo Bank.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.

03:33 pm    Cr Fitzpatrick left the meeting

RESOLVED on the motion of Crs Britten and Mawhinney

That Council resolve to allow Council employees to have access to ANZ@Work

In favour:       Crs Taylor, Britten, McBain, Tapscott, Mawhinney, Allen and Seckold

Against:           Nil

Absent:            Cr Hughes and Fitzpatrick

03:34 pm    Cr Fitzpatrick returned to the meeting

 

RESOLVED on the motion of Crs McBain and  Mawhinney

 

1.       That Council resolve to adjourn into Closed Session to discuss the following confidential items on the basis that (a) the report contains personnel matters concerning particular individuals and d) the report contains commercial information   of a confidential nature that would, if disclosed (i) prejudice the commercial position         of the person who supplied it; or (ii) confer a commercial advantage on a           competitor of the Council; or (iii) reveal a trade secret.

 

·                      Items 4 and 5 of 12.6 Adoption of 2014-15 Operation Plan, Budget, Fees and Charges

2.       That pursuant to Section 10A of the Local Government 1993, the press and public           be excluded from the proceedings on the basis that the business to be considered       is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.       That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold and Mawhinney

Against:           Nil

Abstained:      Councillor Allen and Councillor Fitzpatrick

Absent:            Cr Hughes

 

 

14.      Delegates Reports

14.1

Festival of the Face and Shirley Hannan

 

Cr Liz Seckold

 

The Festival of the Face is still continuing with the event being concluded with a bonfire at Bega Racecourse. Thanks was passed on to Mayor Bill Taylor, Simon Schweitzer and Nathan Marshall from the Bega Chamber of Commerce in respect to the festival.

 

The Shirley Hannan Portrait Collection is still on show in the gallery.

Mention was made that even though it is the 3rd biggest art prize, little exposure has been received in the Merimbula News Weekly.

 

 

14.2

ALGA Conference

 

Cr Bill Taylor

 

The Australian Local Government Assembly Conference was held in Canberra from 16 – 18 June 2014. Councillors Taylor, Britten, Seckold and Fitzpatrick and the General Manager attended.

 

The main themes of the assembly were the importance of making the federation work, reaffirmation of the importance of Commonwealth recognition of LG and extreme disappointment at the loss of indexation of Financial Assistance Grants

 

The motion instigated by Councillor Seckold and proposed by Council was adopted unanimously by the General assembly.

 

The resolution of the assembly is “That the Federal Government develop a co-ordinated approach with all levels of government to the provision of affordable housing for all including those with a disability.”

 

15.      Rescission/alteration Motions

There were  no rescission/alteration motions

16.      Notices of Motion

 There were no notices of motion

17.      Urgent Business

There was no urgent business

18.      Questions On Notice

 

18.1

Cat Containment and Safety of Native Animals

 

 

 

The report on Cat Containment and Safety of Native Animals was provided to Council by Acting Group Manager Planning and Environment.

The report satisfied the question raised by Cr Seckold.

 

18.2

New Regional Hospital - Geothermal Project

 

 

 

A report on the New Regional Hospital – Geothermal Project was provided to Council by the Acting Group Manager Planning and Environment. 

The report satisfied the question raised by Cr Hughes.

 

 

19.      Questions for the Next Meeting

19.1

Tura Beach Community Facility

 

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

The question was taken on notice by the General Manager.

 

19.2

Sand Mining Leases

 

Cr Liz Seckold asked could Councillors receive a report on how many private sand mining leases are current in the shire, what period of time are they operated, how they are renewed and how often they are inspected for compliance.

The question was taken on notice by the Acting Group Manager Planning and Environment.

 

3:45 pm Cr Taylor adjourned the meeting to allow for media question and answers

4:02 pm Cr Taylor approved a brief adjournment

4:08 pm Cr Taylor resumed the meeting

20.      Confidential Business

 

Adjournment Into Closed Session

136/14

RESOLVED on the motion of Crs Britten and Mawhinney

 

1.       That Council resolve to adjourn into Closed Session to discuss the following confidential items on the basis that (a) the report contains personnel matters       concerning particular individuals and d) the report contains commercial information   of a confidential nature that would, if disclosed (i) prejudice the commercial position         of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

·                      Items 4 and 5 of 12.6 Adoption of 2014-15 Operation Plan, Budget, Fees and Charges

2.       That pursuant to Section 10A of the Local Government 1993, the press and public           be excluded from the proceedings on the basis that the business to be considered is   classified confidential under the provisions of Section 10A(2) of the Act as outlined       above.

3.       That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold and Mawhinney

Against:           Nil

Abstained:      Councillor Allen and Councillor Fitzpatrick

Absent:            Cr Hughes

4:10pm                Meeting adjourned into Closed Session

 

21.      Adoption of reports from Closed Session

21.1

Adoption of 2014-15 Operation Plan, Budget, Fees and Charges

138/14

RESOLVED on the motion of Crs Britten and McBain

1.       That recommendation one (1) be split into two (2) recommendations as follows:

a. Request to amend the LTFP to bring forward funding for Government                               Road, and

b. Identify funding for the Lake Curalo boardwalk and other works in the Estate

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

 

RESOLVED on the motion of Crs Britten and Seckold

 

2.       That Council resolve its level of support for community budget requests in relation to the Draft Operating Budget to not bring forward funding for Government Road

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

 

RESOLVED on the motion of Crs Tapscott and Britten

 

4.       That Council allocate funding which is currently identified in the operational plan for           the Lake Curalo boardwalk and report back to Council in relationship to land matters associated with this work

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

 

RESOLVED on the motion of Crs Britten and McBain

5.       That the request for an additional funding allocation of $75,000 for Sapphire Coast           Tourism be supported with $50,000 being allocated from Business Growth and           Cruise Eden budget allocation and the Council’s Community Partnership Fund and           that the residue of $25,000 be considered for allocation at the presentation end       of           the 2013/2014 financial year result. This is not seen to be an increase in annual           funding, but a one off allocation.

In favour:       Crs Taylor, Britten, McBain, Tapscott and Mawhinney

Against:           Crs Allen, Fitzpatrick and Seckold

 

RESOLVED on the motion of Crs Britten and McBain

6.       That the Draft Operating Budget be adopted in line with amendments as outlined in recommendation 5.

In favour:       Crs Taylor, Britten, McBain, Tapscott, Seckold and Mawhinney

Against:           Crs Allen and Fitzpatrick

6.      Council hereby resolves:

a)           General Fund

(i) General Rates

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0038747 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 and;

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0038747 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 516 of the Local Government Act 1993 and;

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0069834 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 516 of the Local Government Act 1993 and;

·         to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0069834 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 516 of the Local Government Act 1993 and;

(ii)          Stormwater Charge

·         to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $5.00 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

·         to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993.

(iii)         Domestic Waste and Recycling Collection Charge

·         to make an annual Domestic Waste Collection charge of $393.00 per annum to provide a once-weekly 140-litre domestic waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment, for all properties categorised as residential and farmland in accordance with Sections 496 and 505 of the Local Government Act 1993 and where those properties are located within Council’s waste collection area. The service charge will be levied on:

§  each residential dwelling or;

§  in the case of multi-unit complexes each residential unit in a multiple unit complex.

·         to make, if further capacity is required, upon request, a second waste service, with an additional charge of $204.50 per annum and for a second recycle service with an additional charge of $107.50.

·         to make a waste availability charge of $79.50 to be levied on all vacant land where those properties are located within Council’s waste collection area.

(iv)         Domestic Garden Organics Collection Charge

·         to make an annual Domestic Garden Organics Collection charge of $54.00 per annum for the monthly 240 litre domestic garden organics collection service for properties categorised as residential in accordance with Section 516 of the Local Government Act 1993 and where those properties are located within Council's waste collection area for urban areas and villages. The service charge will be levied on:

§  each residential dwelling or;

§  in the case of multi-unit complexes each residential unit within a multi-unit complex.

(v)          Commercial Waste Collection Charge

·         to make an annual Commercial Collection charge of $540.50 which meets the costs of the once-weekly 240-litre commercial waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment. In the serviced areas, each service entitles the user to a once weekly kerbside collection service from one 240-litre mobile garbage bin (being General Waste and Recycling) on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

·         to make, if further capacity is required, upon request, a second waste service, with an additional charge of $226.50 per annum and for a second recycle service with an additional charge of $160.00.

(vi)         Commercial Garden Organics Collection Charge

·         to make an annual Commercial Garden Organics Collection charge of $54.00 per annum for the monthly 240 litre commercial garden organics collection where requested. In the serviced areas, each service entitles the user to a monthly kerbside collection service from one 240-litre mobile garbage bin on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

 

 

b) Water Supply Fund

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

(i) Water Supply Charges

·         to make a charge by measure in the amount $2.50 per kilolitre for all water supplied by Council within or without of its area pursuant to section 502 of the Local Government Act 1993.

·         to make an annual Access Charge for each connection to Council's water supply at a charge determined according to the size of such connection as set out in the following schedule:

Particulars

Volume factor

Access charge

Charge per Kl $

20mm Water Connection

1.00

$198.00

$2.50

25mm Water Connection

1.56

$308.88

$2.50

32mm Water Connection

2.56

$506.88

$2.50

40mm Water Connection

4.00

$792.00

$2.50

50mm Water Connection

6.25

$1,237.50

$2.50

65mm Water Connection

10.56

$2,090.88

$2.50

80mm Water Connection

16.00

$3,168.00

$2.50

100mm Water Connection

25.00

$4,950.00

$2.50

150mm Water Connection

56.25

$11,137.50

$2.50

200mm Water Connection

100.00

$19,800.00

$2.50

Strata Title Units (per unit)

1.00

$198.00

$2.50

Unconnected properties which are able to connect (ie vacant land)

$198.00

·         to make an annual Access Charge of $198.00 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council;

·         that subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.50 per kilolitre;

c) Sewerage Local Fund

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

(i) Sewerage Service Charges

·         to make a flat sewerage service charge of $1,109.00 for all residential and farmland properties except residential strata and residential non strata properties connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the Local Government Act 1993;

·         to make a flat sewerage service charge of $1,109.00 for each residential strata unit connected to the Council's sewerage service network and categorised as residential in accordance with Sections 516 of the Local Government Act 1993;

·         to make a flat sewerage service charge $1,109.00 for each residential non-strata unit connected to the Council's sewerage service network categorised as residential in accordance with Sections 516 of the Local Government Act 1993;

·         to make a flat sewerage service charge $554.50 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the Local Government Act 1993 that are not connected and able to connect to the Council's sewerage service network.

·         to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 516 and 517 of the Local Government Act 1993, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $3.69 per kilolitre;

·         to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 516 and 517 of the Local Government Act 1993, calculated on the combination of a flat charge of $1,109.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below

·         to make a flat sewerage service charge $554.50 for all properties categorised as business or mining in accordance with Sections 515 and 516 of the Local Government Act 1993 that are not connected and able to connect to the Council's sewerage service network.

·         Council notes that the discharge bands have been determined by the NSW Office of Water in its best practice guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

 

DISCHARGE FACTORS

Discharger

BVSC proposed

B&B

75

Bakery

95

Boarding house or Hostel

90

Butcher

95

Café/Bistro/Cakes/Patisserie

95

Car Detailing

95

Car Wash - hand wash only

75

Car Wash (Robo, clean & go, gerni type)

95

Caravan Park

75

Charcoal Chicken

95

Chicken/Poultry Shop

95

Churches

95

Club (e.g. bowling, golf, racing)

50

Club (e.g. RSL, surf club)

95

Commercial swimming pool

85

Community properties (halls)

95

Community properties (reserves, sporting facilities, etc)

51

Concrete batching plant

10

Craft/stonemason

95

Day Care Centre’s / Pre-schools

95

Delicatessen, mixed business

95

Dental Surgery

95

Depot ( bus, courier, truck, taxi, fuel)

95

Factory/Industry/Warehouse

95

Food processing

90

Fresh Fish Shop

95

Funeral parlor

95

General retail / services

95

Government department

95

Hairdresser / Beauty salon

95

Hospital

95

Hotel

100

Joinery

95

Laundry

95

Marina

90

Mechanical workshop

95

Mechanical workshop w/ car yard

85

Medical practice (incl. physio, herbal medicine, etc)

95

Motel

90

Multi-premise commercial (strata plan, dual occupancy)

95

Nursery

70

Nursing home

90

Office Building  

95

Optical Service

95

Panel beating/spray painting

95

Printer

95

Radiator repairer

90

Restaurant (including cafes, canteens, bistros)

95

Schools (Primary)

95

Schools (Secondary)

95

Schools (TAFE, University, etc)

95

Seafood processing

90

Self Storage

90

Service station

90

Shopping centre

85

Supermarket

95

Take away food

95

Veterinary practice, Kennels or Animal wash

80

Wreckers

90

Volume Factor – Sewer

VOLUME FACTORS

Meter size

Factor

Availability charge per year

20mm

1.00

$1,109.00

25mm

1.56

$1,730.04

32mm

2.56

$2,839.04

40mm

4.00

$4,436.00

50mm

6.25

$6,931.25

65mm

10.56

$11,711.04

80mm

16.00

$17,744.00

100mm

25.00

$27,725.00

150mm

56.25

$62,381.25

200mm

100.00

$110,900.00

Liquid Trade Waste

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

·         to make an application fee of $358.00 for new applications and $274.00 for change of use applications.

·         to make an annual inspection fee of $121.00 per inspection and $58.00 for re-inspections.

·         to make a Liquid Trade Waste usage charge of one dollar ($1.00) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

Band

Discharge factor

1

0%

2

0%

3

10%

4

20%

5

30%

6

50%

7

60%

8

80%

9

90%

2S

% N/A

d) Exemptions – General Rates, Water & Sewer Access Charges

Council hereby resolves that in accordance with the provisions of Sections 555 to 558 of the Local Government Act 1993 the following exemptions must be applied:

Crown Land (general rates, water and sewer access charges)  All Crown Land that is not being held under a lease for private purposes.

National Parks (general rates, water and sewer access charges) National parks, historic sites, nature reserves, state game reserves or conservation reserves whether or not the land is affected by a lease, licence, occupancy or use.

Conservation Agreements (general rates only, not water and sewer) Land that is a subject of a conservation agreement, any rate levied on that whole parcel of land is to be reduced by the percentage of the land in which the conservation agreement covers.

Churches or places of public worship (general rates, water and sewer access charges) Churches or places or public worship, minister’s residence, places used for religious teaching or training, and official head or assistance official head of any religious body in the State or in any diocese within the State

Schools (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with a school, school playground or residence occupied by a teacher, employee or caretaker of the school, as defined by the Education Act 1990.

Government Departments, Council, or Emergency Service (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with an emergency service or Government department, Council or an emergency service or Government department or Council office or residence provided that it is not commercially leased. This includes Police Stations and residences, Ambulances Stations and residences, Fire Stations and Government offices.

Aboriginal Land Council (general rates only, not water and sewer) Land that is culturally sensitive vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council under Section 43 of Aboriginal Land Rights Act 1983 exempts Local Aboriginal Land Councils from the payment of rates and charges to Local Government Authorities and water supply authorities on certain types of lands.

The types of lands which may be exempt from rates include:

·         Land listed in Schedule 1 of the Aboriginal Land Rights Regulation 2002

·         Land that is not being used for a commercial or residential purpose (vacant land); and

·         Land not being used for a residential purpose and declared by the LALC to be of cultural or spiritual significance.

If land is either listed in Schedule 1 or is vacant land, it is automatically exempt from rate exemptions.

To obtain a rates exemption for land not being used for a residential purpose but is declared by the Local Aboriginal Land Council to be of cultural or spiritual significance (this could include land being used for a commercial purpose such as a cultural centre or museum), the Minister must approve the resolution and list the land in Schedule 1 of the Aboriginal Land Rights Regulation.

Land below a high water mark (general rates only, not water and sewer) Land that is below high water mark and is used for any aquaculture relating to the cultivation of oysters  (Detailed in the Fisheries Management Act 1994).

Public places (general rates only, not water and sewer) Land that is a public place.

Public cemetery (general rates only, not water and sewer) Land used for a public cemetery and vested in the Crown, a public body or trustees.

Public library (general rates only, not water and sewer)  Land used solely for a free public library and vested in the Crown, a public body or trustees.

Public hospitals (general rates, water and sewer access charges) Land that belongs to a Public Hospital.

Area Health Service (general rates only, not water and sewer) Land that is vested in an area health service.

Non-profit community organisations (general rates, water and sewer access charges)  Council elects that upon application by registered non-profit community organisations and sporting ovals controlled by non-profit community organisations, Council will waiver all water access charges.  The organisations will be assessed by Council on the following criteria:

·         Must be a registered non-profit community organisation.

·         Property has to be owned by and used for the purpose defined in the organisation’s charter (unless the tenant can demonstrate that they have taken on the burden of ownership as part of the tenancy agreement)

·         Must be solely operated and/or managed by volunteers.

·         Must be open to all members of the public (or all members of the public that fall into specified sections of the community as recognised in the organisation’s charter)

In relation to aged care facilities:

They must fall into the categories of either high level care (nursing home) or low level care (hostel) accommodation.  The exemption does not extend to self-care units for people that are living independently, as you would in your own home, in a retirement village or aged care complex.

Where the self-care units are part of an ageing in place facility, Council will negotiate the level of exemption with the organisation based on the proportion of residents in the self-care section of the facility.

e) Pension Claim

In accordance with Section 575 of the Local Government Act 1993, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

     General Rates and Domestic Waste Services: $250.00

     Water Supply Fund: $87.50

     Sewerage Supply Fund: $87.50

f)  Interest on Overdue Rates and Charges

Council hereby resolves that in accordance with the provisions of Section 566(3) of the Local Government Act 1993 the interest rate to apply to all outstanding rates and charges for the period 1 July 2014 to 30 June 2015 be calculated at 8.5% per annum being the maximum interest rate allowable under the provisions of the Local Government Act 1993 as advised by the Office of Local Government in its circular numbered 14-06 dated March 21, 2014.

 

 

22.      Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports considered in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 5:04 pm.

 

CONFIRMED .......................................................................................................

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 25 June 2014.