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Ordinary MEETING NOTICE AND AGENDA An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 9 July 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda. Leanne Barnes General Manager
3 July 2014
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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.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Division of Local Government (DPC) |
(02) 4428 4100 |
dlg@dlg.nsw.gov.au |
www.dlg.nsw.gov.au |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@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
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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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 9 July 2014
Acknowledgement of Traditional Owners of Bega Valley Shire
1 Confirmation Of Minutes
Recommendation
That the Minutes of the Ordinary Meeting held on 25 June 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 Detached Dual Occupancy development in RU1 Primary Production and RU2 Rural Landscape Zones............................................................................................................. 9
8.2 Community Environment Grants 2014-15 Recommended Projects.................... 14
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 Youth Tertiary Scholarships 2014................................................................... 22
9.2 General Halls and Building Committee - funding allocation 2014/15.................. 24
9.3 Management of the Bega Civic Centre............................................................ 27
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.
Nil Reports
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 Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening 32
11.2 Acquisition of land for road widening - Back Creek Road, Lochiel.................... 40
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 Local Government NSW Annual Conference 19 to 21 October 2014.................. 46
12.2 Council meeting dates 2014 - extraordinary meeting Mayoral election............... 53
13 Adoption of Reports from Standing Committees
RECOMMENDATION
That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.
14 Delegates Reports
15 Rescission/alteration Motions
16 Notices of Motion
17 Urgent Business
18 Questions On Notice
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 9 July 2014
staff reports – Sustainability (PLANNING AND ENVIRONMENT)
9 July 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Britten.
8.1 Detached Dual Occupancy development in RU1 Primary Production and RU2 Rural Landscape Zones.............................................................................................. 9
8.2 Community Environment Grants 2014-15 Recommended Projects....... 14
Council 9 July 2014 Item 8.1
The aim of the report is for Council to consider the preparation of a planning proposal to permit detached dual occupancy development in the RU1 Primary Production and RU2 Rural Landscape zones.
Group Manager Planning & Environment
Background
Under Bega Valley Local Environmental Plan (BVLEP) 2002 the erection of a second dwelling house was permitted on any allotment in the 1(a) Rural General Zone on which a dwelling house could be erected, providing the development did not result in more than two dwellings on the allotment. Subdivision of the second dwelling was prohibited.
When preparing the Comprehensive Local Environmental Plan, Council identified a need for ‘dual occupancies (detached)’ or ‘secondary dwellings’ in the RU1 Primary Production and RU2 Rural Landscape zones to retain this second dwelling entitlement in rural areas to provide housing options for rural residents and support for farmers with succession planning.
At the direction of the NSW Department of Planning and Environment (the Department) BVLEP 2013 was gazetted with both secondary dwellings and detached dual occupancies listed as prohibited uses in the RU1 and RU2 zones despite concerns of Council with regard to the agricultural base of the Bega Valley.
The Department maintained at the time that permitting second dwellings in rural areas would lead to pressure to subdivide which would fragment productive agricultural lands and that alternative housing options were available in rural villages and existing concessional lots. With the assistance of the Department’s Wollongong Region Office staff, the Department did permit development for rural workers’ dwellings and attached dual occupancies as permitted uses with development consent in the RU1 and RU2 zones.
Since the gazettal of BVLEP two councils in northern NSW have successfully amended their LEPs, one to include detached dual occupancies and the other to include secondary dwellings (previously known as granny flats) in rural zones.
dISCUSSION
BVLEP 2013 currently permits with consent dwelling houses, dual occupancy (attached) and rural workers dwellings in the RU1 and RU2 zones. Including both attached and detached dual occupancy development would allow greater flexibility for land owners to build an additional dwelling on rural properties.
The requirements for approval of rural workers dwellings are onerous and restrictive and despite a number of enquiries, no development applications for this type of development have been received since BVLEP 2013 came into effect.
Permitting both rural workers dwellings and dual occupancies (attached and detached) in the RU1 and RU2 rural zones would:
· Provide housing options for rural residents and farmers to ‘age in place’ by providing social and physical support.
· Provide support for farmers seeking additional income.
· Reduce the need to subdivide larger allotments for new rural residential opportunities.
· Improve the sustainability and quality of life of rural communities by diversifying the population and increasing participation in community events.
To minimise the potential adverse impacts of additional dwellings on existing farming operations and the amenity of the rural landscape, it is proposed that the following clause from the recently gazetted Lismore Local Environmental Plan 2012 (Amendment No 5) be adopted, that specifies the criteria for consideration of approval of a detached dual occupancy in the RU1 and RU2 zones.
Erection of dual occupancy (detached) in Zones RU1 and RU2
1. The objectives of this clause are as follows:
a) to provide alternate accommodation for rural families and workers,
b) to ensure development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land.
2. Development consent must not be granted to development for the purpose of a dual occupancy (detached) on land in Zone RU1 Primary Production or RU2 Rural Landscape unless the consent authority is satisfied that:
a) the development will not impair the use of the land for agriculture or rural industries, and
b) each dwelling will use the same vehicular access to and from a public road, and
c) each dwelling will be situated within 100 metres of each other, and
d) the land is physically suitable for the development, and
e) the land is capable of accommodating the on-site disposal and management of sewage for the development, and
f) the development will not have an adverse impact on the scenic amenity or character of the rural environment.
It is considered that this clause would ensure that the additional dwelling would not impair the use of land for agricultural or rural industry purposes and would not detract from the scenic amenity and character of the rural environment.
The 100 metre separation was based on achieving two dwellings within reasonable proximity given potential topographic constraints. It is acknowledged that there may be concerns with specifying a numerical standard as to how far the second dwelling is to be located from the first, as there are often exceptions to the standard. However, it is considered that it is important to specify a distance to ensure that such accommodation does not conflict with, or affect the viability of, existing or potential agricultural activities and rural industries.
Under certain circumstances Council may be able to consider a variation to this 100 meter standard in accordance with Cause 4.6 ‘Exceptions to Development Standards’ of BVLEP 2013.
Subdivision of a detached dual occupancy would be prohibited unless the minimum subdivision lot size under BVLEP 2013 was able to be met.
ISSUES
Sustainable Economic Growth and Development
It is considered that permitting detached dual occupancies in the RU1 and RU2 zones would have positive economic impacts on farmers and other rural land owners by enabling housing options for rural residents seeking additional income, and social and physical support.
Social Inclusion and Participation
It is considered that increased flexibility in relation to housing would enable farmers to remain on their land for a longer period after retirement which would limit social dislocation and allow people to remain in their local community for as long as possible.
By providing additional housing options for rural residents, Council would be contributing to the reduction of outward migration from the Bega Valley and would provide increased support for rural community facilities e.g. halls and schools.
Strategic Land Use Planning
Permitting detached dual occupancies in RU1 and RU2 zones demonstrates Council’s commitment to responding to the housing needs of the community.
The proposal meets the objectives of the 2008 Bega Valley Land Use Planning Strategy with regard to rural settlement which are to provide for rural living opportunities which do not reduce the primary production potential of important agricultural land and which do not adversely impact on the environmental values of the Bega Valley Shire.
The proposal is consistent with the objectives and actions of the South Coast Regional Strategy. In particular, it is in accordance with the actions relating to housing and settlement and rural landscapes and rural communities being:
· Councils will plan for a range of housing types of appropriate densities, location and suitability, capable of adapting and responding to the aging population.
· The location of non-compatible uses in core productive areas will be limited to allow agricultural land to be used for farming.
· Local environmental plans will include minimum subdivision standards for rural and environmental protection zones.
· Local environmental plans will include provisions to limit dwellings in rural and environmental zones.
· The scale of development within and adjacent to existing villages and rural towns will support the role of the town in serving surrounding communities and preserve its character, scale cultural heritage and social values.
Conclusion
The proposal to amend the RU1 and RU2 land use tables to include detached dual occupancies as permitted uses, with development consent, would provide increased flexibility for additional dwellings in the Shire’s productive rural zones and benefit both farmers and other rural residents.
The location and potential impact of an additional dwelling on existing farming operations or adjoining farms or rural industries would be assessed through the development application process and, in particular, via the consideration of the proposed objectives outlined in this report.
It is recommended that Council prepare a planning proposal to permit detached dual occupancy development in the RU1 and RU2 zones under BVLEP 2013.
· ATTACHMENTS
Nil
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1. That Council staff prepare a planning proposal to permit detached dual occupancies as a permitted use with consent in the RU1 and RU2 Land Use Tables of BVLEP 2013. 2. That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination. |
Council 9 July 2014 Item 8.2
This report details the outcomes of the recently advertised 2014-15 Community Environmental Grants Program. The Program supports non-profit organisations and community groups to undertake important environmental work in the Shire. Nine projects are recommended to Council for funding support.
Group Manager Planning & Environment
Background
The Community Environmental Grants (CEG) Program has the following aims.
To:
· Support community groups and organisations to enhance, protect and restore the natural environmental assets of the Shire
· Encourage and foster environmental ethic and behaviour change amongst the community.
· Increase community awareness and understanding of environmental assets.
· Support conservation strategies currently undertaken by Council.
· Support / protect / enhance areas of cultural significance (environmental components only).
· Assist in the provision of innovative environmental management projects.
The Program has been in operation since 2011-12 and it has supported 25 projects to date to the approximate value of $100,000. The program is funded from Council’s Environment Levy which is raised via a special variation to rates income first introduced in 2003.
The assessment criteria for the Program include:
· Meeting the objectives of the Community Environment Grant Program (within the Program Guidelines) and alignment to the programs funding categories;
· Support from other stakeholders and site applicability (if relevant);
· Appropriately incorporated or auspiced organisation;
· Clear and achievable project plan including timing and budget;
· Group / organisational capacity and experience; and
· Supporting new communities to build capacity for long term projects.
ISSUES
Policy
The CEG Program helps implement procedure ‘3.04.3 Environment Levy’.
Environmental
· The 2014-15 budget allocated from the Environment Levy is $40,000 (approximately 10% of the levy).
· 12 applications were received totalling $57,190.
· A preliminary review of applications has been conducted.
· Not all applications are recommended / able to be funded.
As with each year’s assessment, the approach is for Council Officers to conduct a preliminary assessment of each application in order to better understand the project and its approach, and given the community based nature of the application, potentially refine the application to clarify and focus key elements as appropriate. These discussions can lead to the revision of scopes and associated budgets which help meet the program’s overall budget but without jeopardising the project’s viability.
Appendix A: Community Environment Grants 2014-15 contains the recommended and non-recommended projects for 2014-15.
Consultation
Council Officers met with the Environment Grants Committee (25/06/14, Clr Hughes absent). The recommendations within this report reflect the recommendations of the Environment Grants Committee.
Financial
The CEG program is resourced through Council’s environment levy with the 2014-15 allocation being $40,000.00.
Conclusion
Upon confirmation of the program’s projects for 2014-15, Council officers will contact all applicants advising of the Council resolution and initiate appropriate funding agreements with the successful applicants.
ATTACHMENTS
1. Appendix A Community Environment Grant Applications 2014-15
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1. That Council adopt the recommendations contained in Appendix A: Community Environment Grant Applications 2014-15. 2. That Council advise all applicants of the outcomes of their applications and proceed to organise funding agreements with successful organisations. |
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Council |
9 July 2014 |
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Item 8.2 - Attachment 1 |
Appendix A Community Environment Grant Applications 2014-15 |
staff reports – LivEability (community and relationships)
9 July 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Seckold.
9.1 Youth Tertiary Scholarships 2014................................................................ 22
9.2 General Halls and Building Committee - funding allocation 2014/15.... 24
9.3 Management of the Bega Civic Centre........................................................ 27
Council 9 July 2014 Item 9.1
Nominations have now closed for the 2014 Bega Valley Shire Council Youth Tertiary Scholarships.
Acting Group Manager Community and Relationships
Background
2014 marks the fourth year that Bega Valley Shire Council has awarded the Youth Tertiary Scholarships. A resolution of Council in October 2009 outlined the framework for the scholarships and outlined the Shires commitment to assisting young people studying in the Bega Valley.
The scholarships being offered are three $1,000 scholarships for university students; and four $500 scholarships for TAFE students, under the aged of 25 years, studying in the Bega Valley Shire local government area.
The scholarships recognise the important and lasting social and economic contribution that increased education opportunities have in the Shire. The scholarships will raise the profile of successful young students and promote further education for young people locally.
Local papers promoted the Youth Tertiary Scholarships, nominations were sought from educational facilities, youth networks and organisations in the Shire. Several announcements were made on local radio over a period of three weeks. Nominations closed on 13th June 2014.
ISSUES
Social / Cultural
The scholarships provide the Bega Valley Shire Council an opportunity to recognise, celebrate and support young people undertaking further education in the Shire by funding seven scholarships for tertiary students.
The scholarship will raise the profile of educational opportunities for young people in the Shire and promote the achievements and the contribution young people in further education make to the broader community.
Strategic
The need to support and increase locally based education and employment opportunities for young people has been highlighted as a key strategy in both the Community Strategic Plan and in the recent Social Issues report. The Bega Valley Shire Council Youth Tertiary Scholarships is one way that Council can move to address this strategy.
Financial
The 2014/15 budget includes an allocation of $5000 to support the Youth Tertiary Scholarship program.
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Funding source |
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Amount |
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Community Services General |
$ |
5000.00 |
Resources (including staff)
There are no staffing resource implications. The Community Development team manage the scholarship process as part of their annual work plan.
Operational Plan
There are no impacts on the operational plan.
Conclusion
The Youth Tertiary Scholarships program has been well received by the community and education institutions in the Shire.
The Scholarships are an important way for Council to recognise the importance of tertiary education in the Shire and celebrate local student’s accomplishments.
In order to ensure the confidentiality of the nominees, the nominations are summarised in a separate confidential memo to Councillors.
ATTACHMENTS
1. 25062014 youth tertiary scholarships confidential memo (Confidential)
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1. That Council award two $1000 University Scholarships to (names to be inserted). 2. That Council award two $500 TAFE Scholarships to (names to be inserted). |
Council 9 July 2014 Item 9.2
This report details the recommendation of the General Halls Committee relating to the allocation of funds for 2014/15 and seeks Council endorsement of the Committee recommendation.
Acting Group Manager Community and Relationships
Background
Council’s 2013/14 budget provided $74,000 of operating expenditure for projects at Council’s public halls. In 2013/14 projects receiving funding from the facility maintenance budget included internal and external and internal painting, asbestos removal, drainage repairs, re-stumping, hot water service upgrade, septic system replacement, plus a host of both major and minor repairs. There are several projects still requiring completion, however it is expected that these projects will be completed this financial year.
There are 18 halls that are managed by community committees and volunteers, with the assistance and support of Council staff. The amount of funding recommended for each committee is determined through discussion at a General Halls s355 Committee meeting. All halls have a delegate to the general committee and they present bids for consideration. This process has been in place for some years and is well supported by the individual hall management committees.
The most recent General Halls Committee was held in May 2014. The meeting discussed and agreed on a recommendation to Council about the allocation of available funding. Details of the funding allocation recommendations of the General Halls Committee are listed in the recommendation below.
Funding allocation requests were received from ten of Council’s hall management committees. Works proposed were varied and include; painting, driveway upgrades, lining and insulation, re-stumping, toilet upgrades, electrical upgrades, roofing repairs and general repairs.
Discussion at this meeting included the reiteration by all participating hall committees that priority should be given to those projects which were of the highest order and that achievability and affordability of their projects was a key element of their applications.
ISSUES
Asset
The Council’s halls are managed and operated by volunteer committees and coordinate maintenance and utilisation. The Council’s adopted Buildings Asset Management Plan is providing a framework to develop individual facility management plans (FMP) which will be finalised over the next 12 months for each of the community halls, in consultation with the individual hall committees.
Consultation
The General Halls s355 Committee is Council’s peak advisory body in relation to the management of these important community facilities. The General Halls Committee undertake inspection tours of the halls on a regular basis so that the Committee members are aware of the state of various facilities and the decision making process is as informed as possible. The last tour took place in 2012, most of its members participated.
Once council staff received the nominated projects for 2014/15, a presentation was made to the General Halls Committee including photos of projects. The Committee has made the recommendations on the expenditure for the 2014/15 draft budget and has requested that Council consider.
Financial
The recommended allocation of funds amounts to $60,000 of the $74,000 provided in the draft 2014/15 budget. The recommendation is for the remaining $14,000 to be utilised for unforseen maintenance projects throughout the year for halls which have little reserve funds of their own to undertake projects outside of operational expenses. A similar amount of $10000 was retained in the 2013/14 year and was utilised in this manner.
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Funding source |
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Amount |
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Halls Maintenance and Renewal |
$ |
60000 |
Resources (including staff)
The management of the projects will be undertaken by the Volunteering team and will form part of their annual work plan.
Conclusion
Community Halls provide a significant social and cultural benefit to the communities and are well managed by Community Committees, with the support of Council staff. The General Halls Committee continues to be a good forum for participatory decision making and resource allocation. The committee voted unanimously to put the below recommendations forward to Council for endorsement.
ATTACHMENTS
Nil
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That Council adopt the General Halls Committee recommendations regarding allocation of $74,000 to community buildings for the 2014/15 year in accordance with the following list:-
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Council 9 July 2014 Item 9.3
Expressions of interest are sought from Venue Management Companies to allow Council to consider future management models for the Bega Civic Centre.
Acting Group Manager Community and Relationships
Background
The Bega Civic Centre is one of the most significant pieces of community infrastructure that Council has undertaken recently. When complete the centre will be a regional facility that has the capacity to attract a range of local, regional, interstate and international acts as well as a range of community uses, including conferences, graduations, civic events and Council meetings. The facility is on track to be completed in the first half of 2015 and it is timely that Council begins to investigate management models to ensure the facility reaches its potential.
Managing an events centre or facility such as the Bega Civic Centre requires specialist knowledge in public venue operations, venue specific technology, human resource management and contemporary marketing techniques. An up-to-date operational knowledge of Risk Management, Work Health and Safety, as well as various other Local, State and Federal legislations is crucial.
A business management model must be incorporated and will include sound financial management to facilitate short and long-term sustainability, awareness and sensitivity towards to the local culture and heritage of the community.
Management models range from direct management, where Council assumes the responsibility for all aspects of the venue operations through to contracting out entirely the management of the facility to an external organisation. There are also a number of hybrid management models in existence where Councils delegate different levels of responsibility to third parties, whilst retaining some control.
Venue Management can incorporate all or some of the following functions, depending on the level of control that Council wishes to delegate;
· Development, implementation, monitor and review of a Venue (facility) Management Plan (VMP)
· Policy and procedures management
· Financial planning
· Venue usage and planning
· Marketing
· Human Resource Planning
· Technology
To ensure Council can make an informed decision about the best management model for the Bega Civic Centre it is recommended that expressions of interest are sought from suitable Venue Management companies, outlining possible management models, and that these are reported back to Council. Staff will also develop a direct management model for consideration by Council at that time.
ISSUES
Economic
It will be imperative that an effective management model is identified to ensure that the Civic Centre operates as efficiently as it can to meet operational/maintenance requirements and enable the activities of the centre to drive other economic outcomes in the Shire.
Strategic
The Bega Civic Centre, while presenting the community with an exciting opportunity, also carries with it a number of risks that Council must consider including financial, operational and reputational risk. How the centre is managed will play an important part in managing those risks.
Conclusion
The Bega Civic Centre will be a modern facility that has the capacity to achieve many social, community and economic outcomes for the Shire. An effective management model is one of the ways that Council can ensure that the Civic centre achieves positive outcomes for the community of the Bega Valley. Models of management identified though the EOI process, along with a model of direct management will be reported to Council at a later date, for their consideration.
ATTACHMENTS
Nil
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1. That Council call for expressions of interest from venue management companies for the management of the Bega Civic Centre. 2. That a further report be prepared by staff outlining future management options for the Bega Civic Centre. |
Council 9 July 2014
staff reports – Accessibility (infrastructure Waste and Water)
9 July 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.
11.1 Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening .......................................................................................................... 32
11.2 Acquisition of land for road widening - Back Creek Road, Lochiel........ 40
Council 9 July 2014 Item 11.1
Council are acquiring newly created Part Lot 240 DP 1193514 from Crown Lands for the purpose of road widening to Back Creek Road. This report is to obtain current resolutions due to the length of time this matter has taken to progress.
Group Manager Infrastructure, Waste & Water
Background
Agreement was reached between Council staff and the applicant of development applications 2008.0211 and 2008.0448 to proceed with the formal process of compulsory acquisition over a section of Crown Land now known as Part Lot 240 DP 1193514. The ownership is to be transferred to Council with all costs associated with the compulsory acquisition, compensation and transfer of land to be met by the applicant of Development Consents 2008.0211 and 2008.0448.
ISSUES
Legal
As the attached Council report is over 4 years old a current resolution is required for this matter to progress and specific resolution wording is necessary for the completion of Compulsory Acquisition under the Local Government Act.
Asset
An increase in area to Council maintained road, Back Creek Road, with the applicant required to construct the intersection in accordance with conditions of development consents 2008.0211 and 2008.0448.
Consultation
The landowners have been informed by Council’s Solicitor that formalisation procedures are to take place.
Financial
All costs associated with the compulsory acquisition, compensation and transfer of the land will be met by the applicant of Development Consents 2008.0211 and 2008.0448.
Conclusion
The acquisition process needs to be finalised by making application to the Division of Local Government for Compulsory Acquisition to complete the outstanding road actions in this matter.
ATTACHMENTS
1. Report to Council 10.11.2009 - Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening
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That Council resolve to: 1. Proceed with the compulsory acquisition of the land described as Part Lot 240 DP 1193514 for the purpose of road widening in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991. 2. Make an application to the Minister and the Governor for approval to acquire Part Lot 240 DP 1193514 by compulsory process under section 186 of the Local Government Act. 3. That the land is to be acquired for road purposes.
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Council |
9 July 2014 |
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Item 11.1 - Attachment 1 |
Report to Council 10.11.2009 - Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening |
Council has received a request for a compulsory acquisition of Crown Land being part of Lot 7303 in DP 1143551 for the purpose of road widening to Back Creek Road to enable safe access to Development Consents 2008.0211 and 2008.0448.
Group Manager, Infrastructure Waste & Water
Background
As a condition of Development Consents 2008.0211, (condition 20a) and 2008.0448, (condition 16a) the applicant is required to construct a type BAR/BAL intersection treatment at the intersection of Florabunda Lane with Back Creek Road. After preliminary survey investigation by the applicant it has been ascertained that this can only be achieved by a resumption of land opposite the intersection for the construction of the BAR component and a school bus bay. The land in question is crown land known as Lot 7303 in DP 1143551. Informal agreement has been reached between Council staff and the applicant to proceed with the formal process of compulsory acquisition over a section of the Crown Land and the ownership be transferred to Council with all cost associated with the compulsory acquisition, compensation and transfer of the land to be met by the applicant of Development Consents 2008.0211 and 2008.0448.
ISSUES
Legal
Following the adoption of the report the application for Compulsory Acquisition will be forwarded to the Land & Property Management Authority (LPMA) for approval and then follow due process with advertising in the local papers and the formal application with the LPMA. The Department, through its officers, have indicated verbally that it has no objections to the compulsory acquisition of part of the subject crown land subject to conditions.
Asset
An increase in area to Council maintained road, Back Creek Road, with the applicant required to construct the intersection in accordance with conditions of development consents 2008.0211 and 2008.0448.
Consultation
Following an approach by the applicant of Development Consent 2008.0211 and 2008.0448 (refer to Attachment A), Council staff have visited the site and undertaken their assessment. It has been informally agreed that Council will provide the mechanism for the acquisition of the land to provide the necessary road widening to Back Creek Road to enable compliance with development consents 2008.0211 and 2008.0448.
Financial
All cost associated with the compulsory acquisition, compensation and transfer of the land will be met by the applicant of Development Consents 2008.0211 and 2008.0448.
Conclusion
It is recommended that Council’s General Manager be authorised to execute the necessary documents to effect the compulsory acquisition of part of the Crown Land contained in Lot 7303 DP 1143551 Back Creek Road, Nethercote and enter into a legal agreement with the applicant to carry out the compulsory acquisition.
Recommendation
That Council make application to the Governor and/or Minister to compulsorily acquire part of Lot 7303 DP 1143551 for road widening purposes. The application to follow the provisions of the Roads Act 1993 and procedures set out in the Land Acquisition (Just Terms Compensation) Act 1991.
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Council |
9 July 2014 |
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Item 11.1 - Attachment 1 |
Report to Council 10.11.2009 - Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening |
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Council |
9 July 2014 |
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Item 11.1 - Attachment 1 |
Report to Council 10.11.2009 - Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening |
This report seeks Council approval to formalise the acquisition of Lot 2 DP 249712 in relation to road widening of Back Creek Road, Lochiel which took place in 2008.
Group Manager Infrastructure, Waste & Water
Background
Council acquired land from a number of land owners for the purpose of road widening of Back Creek Road and Mount Darragh Road at Lochiel. This matter was reported to Council on 5 May 2009 in conjunction to the acquisition of land for road widening for the approaches to the Deep Creek Bridge, however the transfer of Lot 2 DP 249712 was never finalised or formally transferred into the name of Council.
ISSUES
Legal
Lot 2 DP 249712 will be acquired as road reserve for the purpose of road widening.
Asset
There is no current issue as the road widening took place in 2008; this is now only a procedural matter.
Consultation
The landowners have been informed by Council’s Solicitor that formalisation procedures are to take place.
Resources (including staff)
Council Property staff and external legal providers will be involved to finalise relevant paperwork and effect registration at LPI.
Conclusion
The acquisition process needs to be finalised by registration of transfer as soon as possible to complete the outstanding road actions in this matter.
ATTACHMENTS
1. Report to Council 05.05.2009 - Acquisition of land for road widening Deep Creek Bridge on Mount Darragh Road
2. Map Lot 2 DP 249712
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1. That Council resolve to finalise the acquisition of Lot 2 DP 249712 for the purpose of road reserve. 2. That the Mayor and/or General Manager be authorised to execute the necessary documents and that if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager. |
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Council |
9 July 2014 |
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Item 11.2 - Attachment 1 |
Report to Council 05.05.2009 - Acquisition of land for road widening Deep Creek Bridge on Mount Darragh Road |
This report seeks Council approval for the acquisition of land for road widening for the approaches to the Deep Creek Bridge currently under construction on the Mt Darragh Road (MR91).
Group Manager, Infrastructure Waste & Water
Background
Council is currently replacing the existing timber bridge at Deep Creek on the Mt Darragh Road (MR91) at Lochiel with a new concrete structure under the Timber Bridge Replacement Partnership
ISSUES
The Acquisition of land for road widening for the approaches to the new bridge is required. Details of the acquisition are
1. Lot 384 DP 1062442 Area Required 1,500 sq metres (Owner Lochiel Pastoral Co- SJ and LJ Powell).
2. Lot 385 DP 1062442 Area required 734 sq Metres (Owner SJ and LJ Powell).
Legal
Valuation of $6,000 has been provided by an independent valuer, Caddey Searl and Jarman for the total land area proposed for acquisition.
Environmental
NSW Fisheries have approved the treatment of the fish passage through the new structure.
Asset
The aging timber bridge is being replaced by a concrete structure comprising a 3 cell precast concrete box culvert. This structure will require minimal ongoing maintenance.
Social / Cultural
Local Aboriginal Land Council have been consulted and have no concerns with the works proceeding.
Consultation
The property owners have provided Council with a permit to enter to allow the works to proceed.
Financial
Works funded under the RTA’s Timber Bridge Replacement Partnership. The program is 50/50 RTA Grant and Council funds. Council funding is via the Bridge Construction loan program.
Conclusion
The acquisition allows the construction of the new structure to proceed and provide a better approach to the new bridge.
Recommendation
That the acquisition of a total of 2,234 square metres of land within Lots 384 and 385 DP1062442 for bridge purposes be approved with compensation of $6,000 paid to the landowners and that authority be given to the Mayor and General Manager to sign the required documents.
Council 9 July 2014
staff reports – leading organisation (governance and strategy)
9 July 2014
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.
12.1 Local Government NSW Annual Conference 19 to 21 October 2014.... 46
12.2 Council meeting dates 2014 - extraordinary meeting Mayoral election. 53
Council 9 July 2014 Item 12.1
Local Government NSW annual conference will be held from 19 – 21 October 2014 in Coffs Harbour.
General Manager
Background
The Local Government NSW annual conference will be held at the C.ex Coffs (formerly Ex-Services Club) from Sunday 19 October until Tuesday 21 October 2014.
The Association has requested input from Councils to guide the content of the business sessions. Councils has been requested to identify the most important issues which they believe are causing concern to the Council and/or the local community and provide these details to the Association prior to Friday 1 August 2014.
Councils been asked to identify issues or motions relating to the following overall categories:
1. Industrial relations and employment
2. Economic
3. Environmental
4. Governance/Civic leadership
5. Social Policy
A copy of the Draft Program (as at 29 May 2014), along with details of what functions or issues fall under the above categories is attached for information (attachment 1).
To date, no motions have been suggested:
Registration for attendance at the conference is now open. The General Manager, Mayor and Deputy Mayor and other Councillors have represented Bega Valley Shire Council in the past.
Financial
Councillors and senior staff have attended the Local Government NSW (and previously Shires Association) Conference in past years. An amount of $67,000 has been allocated for Elected Official expenses for the 2014/15 year. This amount will need to cover expenses to attend conferences and meetings, Councillor Training and Development, IT facilities and expenses, and catering for Council meetings, workshops and other incidentals.
Costs to attend the conference will include registration $880 (early bird by 8 September) accommodation (approximately $150 per night), meals and travel costs (early bird $500 - $800, late bookings up to $1,800). It is estimated that this will be in the order of $2,000 per person attending for early bird bookings.
Conclusion
It is appropriate that Bega Valley Shire Council is represented at the Local Government NSW Conference and involved in the discussions. This Local Government conference has been listed in the Operational Plan for attendance by Councillors and the General Manager on an annual basis.
ATTACHMENTS
1. Local Government NSW Annual Conference Draft Program
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1. That Council endorse Crs (names to be inserted at the meeting) and the General Manager to attend the Local Government’s NSW inaugural conference to be held from 19 – 21 October 2014, with the necessary travel and accommodation costs to be defrayed by Council. 2. That Council identify and endorse the following motions (insert) which they believe are causing concern to the Council and/or the local community for submission to the Local Government NSW website. |
The Council needs to meet to hold its Mayoral election in September 2014.
General Manager
Background
Council is required to hold an extraordinary meeting at which time the election by Councillors for the Mayor and Deputy Mayor is held. Historically Council has held an extraordinary meeting for this purpose followed on the same day by an ordinary meeting. These meeting days have been very full with sometimes important matters being covered at the ordinary meeting not being afforded the coverage they deserve.
In 2012 following the last Council elections Council held the extraordinary meeting and ordinary meetings on separate days. This worked well particularly in relation to appointment of Councillors to committees and other external boards and bodies.
Following polling of Councillors it is proposed that this model be again utilised in 2014.
The following program of meetings is proposed to allow for proper consideration of key matters including, in the first instance, the election of Mayor and Deputy Mayor, appointment of chairs to standing committees and subsequently Councillors would then be able to consider their interest in appointment as delegates and appropriate training and development opportunities and then resolve on these matters at the second meeting.
Appropriate advertising of the planned meetings would then need to be undertaken.
Proposed meeting schedule 2014
Wednesday 10 September 2014 - Ordinary Council meeting
· Operational reports from Council
Wednesday 24 September 2014 - Extraordinary Council Meeting
· Mayor and Deputy Mayor Elections
· Appointment of Chairs – standing committees and adoption of reporting theme areas.
· Meeting Dates for the 2014/15 year with the first meeting being set for 1 October 2014
· Order of Business for Agenda
· Delegations Mayor and General Manager and Standing Committees
Wednesday 1 October 2014 - Ordinary Council meeting
· Appointment of Delegates
· Review Code of Meeting Practice
· Councillor Development Program
· Gift Register
· Pecuniary Interest Returns – this is a list of those who need to complete for the future i.e. period 1/7/14 to 30/6/15
· Any other operational reports from staff
ISSUES
Legal
The Local Government Regulation states:
Council is required to hold an annual election by Councillors to the position of Mayor.
242 Agenda for extraordinary meetings
(1) The general manager must ensure that the agenda for an extraordinary meeting of a council deals only with the matters stated in the notice of the meeting.
Policy
Council should annually review its Code of Meeting Practice. This will be done at the Ordinary Meeting following the Extraordinary Meeting for the purposes as outlined above.
Conclusion
Following experience of holding the Extraordinary Meeting for the purpose of Mayoral election and other key governance matters and an Ordinary Meeting on separate days in 2012 it is seen as better practice to introduce this model for the 2014 year.
ATTACHMENTS
Nil
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1. That Council hold its Extraordinary Meeting for the purpose of electing the Mayor and Deputy Mayor and resolving key governance matter on Wednesday 24 September 2014. 2. That Council consider other key appointments of delegates and other matters as outlined in this report at the next Ordinary Council meeting being 1 October 2014. 3. That appropriate media be placed to advertise the Extraordinary Meeting on Wednesday 24 September and Ordinary Meeting on 1 October 2014. |
