Agenda of Council - 1 October 2014

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

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

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

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

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

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Division of Local Government (DPC)	(02) 4428 4100	dlg@dlg.nsw.gov.au	www.dlg.nsw.gov.au
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

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

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

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

Council 1 October 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 10 September 2014 and the Extraordinary Meeting held on 24 September 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 Appendix 3 matter at Lot 331 DP 1035434 Bermagui Cobargo Road, Cobargo. 11

8.2 Coastal Planning and Management Committee Vacancies............................... 18

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 Pambula Squash Courts - Fixed Courts Proposal............................................ 22

9.2 Council Managed Crown Reserves - 2014/15 Improvements with Crown Lands PRMF Funding 30

10 Staff Reports – Enterprising (Economic)

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

10.1 Agreement with NSW Land and Housing Corporation and Lions Club of Tathra Incorporated 34

10.2 Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act............................................ 37

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 Design & Construct for the Bega Depot Amenities and Work Crew Shed – Tender RFT 36/14 72

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 Councillor Portfolios, Agenda and Reporting Theme Areas.............................. 83

12.2 Committee and Panel - Delegates and Representatives................................... 89

12.3 Pecuniary Interest Returns and Declarations.................................................... 94

12.4 Gift Register - September 2013 to September 2014......................................... 97

12.5 Councillor Development Program................................................................. 108

12.6 Southern Councils Group Board Meeting Minutes 7 March, 29 May and 18 July 2014 112

12.7 Internal Audit Committee - the year in review 2013-2014.................................. 157

12.8 Referral of 2014 Financial Statements to Audit............................................ 159 .

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

14.1 South East Regional Academy of Sport....................................................... 163

14.2 On Track..................................................................................................... 164

15 Rescission/alteration Motions

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

18.1 Cr Fitzpatrick - Equestrian Centre: establishment of committee to prepare a business plan 166

18.2 Cr McBain - Bus stops in Merimbula CBD - proposed relocation.................... 168

18.3 Cr Fitzpatrick - Mobile Homes - restriction to construction onsite.................... 169

19 Questions for the Next Meeting

20.. Confidential Business

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public............ 171

20.1 Declassification of closed session report for the acquisition of property Chandos Street, Eden

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 1 October 2014 Item 8.1

8.1. Appendix 3 matter at Lot 331 DP 1035434 Bermagui Cobargo Road, Cobargo

The purpose of this report is to seek a Council resolution regarding the rezoning of Lot 331 DP 1035434 Bermagui Cobargo Road, Cobargo from RU1 Primary Production to R5 Large Lot Residential under Bega Valley Local Environmental Plan 2013 with a minimum lot size of 5 hectares.

Group Manager Planning and Environment

Background

Lot 331 was proposed to be zoned RU1 Primary Production with a minimum lot size of 120 hectares under Draft Local Environmental Plan 2010 (Draft BVLEP 2010) (see Figure 1). During exhibition of Draft LEP 2010, Council received a submission from Keeplan Planning and Development Services on behalf of the owner of the property requesting a R5 Large Lot Residential zoning with a minimum lot size of 3 hectares to allow for a future rural residential subdivision of 9 lots ranging in area from 3.2 to 9.6 hectares in area (see Figure 2).

Figure 1: Draft BVLEP 2010 Zoning Map – SUBJECT LAND

Figure 2: Proposed lot layout

At the Council meeting held on 12 June 2012 Council resolved to include the land as an Appendix 3 matter being:

“That in regard to the Draft Comprehensive Local Environmental Plan, Council adopts the recommendations for the submissions outlined in…”

• “Appendix 3 – further research to be carried out by Council staff prior to progressing via a future report to Council; and…”

In relation to the subject land, Appendix 3 contained the following resolution:

• “The request for a change in proposed zone to R5 has merit in the context of the Cobargo Village boundaries. However any proposed change in zone should not be considered in isolation but also include the land to the west. Decision to be deferred pending staff review.”

The subject land is currently identified as a ‘Deferred Matter’ under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and consequently the provisions for the 1(a) Rural General Zone of Bega Valley Local Environmental Plan 2002 (BVLEP 2002) applies to the land.

The subject land has an extensive background with Council dating back to 1995, when the proponent originally sought to rezone the site from 1(a) Rural General to a rural small holdings zone. On 8 August 1995, Council resolved to include the subject land in the short term review for supply of rural small holdings in close proximity to Cobargo.

Following the review, on 23 March 1999, Council resolved to prepare Draft BVLEP 1987 (Amendment No. 121) to rezone the subject land (formally Lot 6133 DP 814585) to enable subdivision of up to 5 lots. However, this proposal was rejected by the then Department of Planning due to the cumulative impact of effluent disposal from the village of Cobargo on the surrounding catchment.

The subject land was subsequently subdivided to create Lot 330 DP 1035434 around the existing dwelling and a second lot (the subject land) for the purposes of an agricultural allotment under development consent no 2001.1147. The subject land has no further subdivision potential under the provisions of BVLEP 2002.

Discussion

The subject land is approximately 52 hectares in area and is situated on the outskirts of the Village of Cobargo. The majority of the land is cleared with scattered clusters of trees to the north and is currently used for grazing. The northern portion of the site is steep and contains a gully running north south (See Figure 3).

Figure 3: Arial Photo of Lot 331 DP 1035434 Cobargo Bermagui Road, Cobargo

The objective of the R5 Large Lot Residential zone is “to provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.” The proposed rezoning of the subject land to an R5 zone is consistent with this objective and provides an appropriate transition from the Village of Cobargo to the surrounding rural zoned area.

Previous concerns regarding the overall cumulative impact of all of Cobargo’s effluent on the catchment are no longer relevant as the village is now serviced by a reticulated sewerage scheme.

The subject land is located outside Council’s water and sewer Development Service Plan areas and has not been identified as an area designated for possible future expansion in Development Servicing Strategy, Population and Water Cycle Projections 2013. This strategy found that the land between the subject land and the current Cobargo Village boundary is the most serviceable. The strategy also found that the northern portion of the subject land is not serviceable for water or sewer.

Should there be a need to expand the Village of Cobargo in the future, the proposed rural residential subdivision of the subject land will not restrict development of the southern portion of the land, which the strategy found could be serviced at a later date, due to the large size of the proposed allotments.

Rural residential development on the land would require effluent to be managed onsite. An Onsite Sewerage Management assessment will be required as part of any Planning Proposal for the land.

The subject land currently has no access off Cobargo Bermagui Road. There is an existing access to the dwelling house on Lot 330. The property’s frontage to Cobargo Bermagui Road is located in a speed zone of 100km/hour.

At the time the submission to Draft BVLEP 2010, the conceptual subdivision layout satisfied the requirements of the RTA Road Design Guide. However, the Roads & Maritime Service Guidelines have since changed and the design no longer satisfies the requirements for sight distance, therefore upgrade of the existing access or an alternative access will also have to be considered in the Planning Proposal for the subject land.

The proposed minimum lot size of 5 hectares would not be expected to have an adverse impact on threatened species provided there are provisions for retaining existing tree cover, especially in creeks and gully lines, and encouraging the replacement of locally indigenous native vegetation.

The Agricultural Land Classification Atlas categorises the majority of the land as Class 4-5, indicating the land has low agricultural potential.

Currently the only other undeveloped area of rural residential zoned land close to Cobargo is an area north west of the village comprising approximately 21 hectares of R5 Large Lot Residential zoned land (See Figure 4). This land has the potential for subdivision of up to 10 lots given the 2 hectare minimum lot size that applies to the land. It is therefore considered timely to plan for an increase in the supply of rural residential lots within close proximity to Cobargo.

The proposed rezoning of the subject land to R5 Large Lot Residential zone provides an appropriate transition from the Village of Cobargo to the surrounding RU1 Primary Production zoned land. The proposed lot layout reflects the physical capacity of the site with the larger lots proposed on the higher northern portion of the site where the site is more moderately sloping and physically constrained. The lower southern lots fronting Cobargo Bermagui Road that are approximately 3 hectares in size reflect the size and configuration of existing Lot 330 and adjacent rural residential lots on the opposite side of the Bermagui Cobargo Road.

Figure 4: Draft BVLEP 2010 Zoning Map – EXISTING R5 LAND CLOSE TO COBARGO VILLAGE

Conclusion

Council staff consider the R5 zone with a minimum lot size of 5 hectares, to permit the development of up to ten rural residential allotments, is consistent with the site’s attributes and will not adversely impact on any future expansion of the Village of Cobargo.

The application of the lot averaging provisions of BVLEP 2013 Clause 4.1B would allow for a subdivision design along the lines of that submitted by the applicant with lot sizes ranging between 3.2 and 9.6 hectares.

ATTACHMENTS

Nil

Recommendation

1. That the owner be advised that Council supports, in principle, the rezoning of Lot 331 DP 1035434 to R5 Large Lot Residential with a minimum lot size of 5 hectares.

2. That the applicant be advised to prepare a Planning Proposal in accordance with the above resolution and the Department of Planning and Environment’s Guidelines and lodged with Council. The Planning Proposal must demonstrate access to the subject land can be achieved in accordance with current Roads and Maritime Service guidelines and that on-site effluent disposal issues can be suitably addressed.

3. That a further report be prepared for Council’s consideration after the Planning Proposal is lodged with Council.

4. That the land located between the village and the subject site be considered in the longer term for rezoning to RU5 Village. That such consideration is given in a future comprehensive review of the Bega Valley Local Environmental Plan.

Council 1 October 2014 Item 8.2

8.2. Coastal Planning and Management Committee Vacancies

This report recommends that community members be considered for appointment to Council’s Coastal Planning and Management Committee.

Group Manager Planning and Environment

Background

Council’s Coastal Planning and Management Committee is a Section 355 (LGA 1993) Committee that incorporates all coastal management agencies, community and industry representatives and provides a high level planning forum to offer advice to Council on coastal zone management issues.

The Coastal Planning and Management Committee has shire wide application and a holistic approach to the management of the coastal zone. It has a science and planning based focus in order to provide sound, well proven recommendations which can, if required, provide Council with greater certainty and a solid base on which to make policy or planning decisions.

There have been two vacancies on the Committee for some time and expressions of interest have been recently sought from community members to fill these vacancies.

Consultation

Advertisements were placed in local papers, on Council’s website and were circulated via various natural resource management distribution lists.

Applications have now been received.

Conclusion

The appointment of community members provides Council with the opportunity to harness their individual skills and knowledge and add value to the operation of the Coastal Planning and Management Committee.

ATTACHMENTS

1 . Coastal Planning and Management Committee Nominations (Confidential)

Recommendation

1. That Council endorse the recommendations as per the confidential attachment.

2. That Council appoint <insert> as community representatives to the Coastal Planning and Management Committee and they be formally advised of their appointment.

Council 1 October 2014 Item 9.1

9.1. Pambula Squash Courts - Fixed Courts Proposal

This report updates Council on the proposed Pambula Sporting Complex squash courts. The report recommends modifying the existing development application and calling for tenders based on a revised scope of work.

Group Manager Transport and Utilities

Background

Council has previously considered options to construct squash courts adjacent to the Sapphire Aquatic Centre (SAC) site, Pambula Beach. The Council meeting 26 March 2014 resolved to construct multi-purpose courts at an estimated cost of $510,000. This resolution was rescinded at the next Council meeting, 16 April 2014, with a new resolution at the same meeting to consider construction of squash courts, if supported by a Facility Management Plan for the Pambula Sporting Complex. The Council meeting 30 July 2014 resolved to note the Sportsground Committee Facility Management Plans, including one for Pambula outlining budget expenditure of $280,000 for squash courts. It was also resolved at that meeting that council work with committees and report back to Council as appropriate. This report outlines the issues for construction of fixed courts, utilising facilities at the SAC.

At the Council meeting on 10 September 2014 Cr Fitzpatrick asked the following question which was taken on notice:

Cr Russell Fitzpatrick noted that Council resolved in May 2014 that Council consider construction of sporting facilities including Squash Courts at Pambula after receiving a report on the Pambula Sporting Complex in terms of resolution 146/12 of the Council meeting held on 1 May 2012.

Last month Council adopted such plans for the seven regional and district sportsgrounds that he believes satisfies the above resolution.

Cr Fitzpatrick asked could Councillors be advised will construction of the Pambula Squash Courts proceed and if so, when will the Community Partnership Funds be utilised.

It is worth reminding Council the original squash court grant application, by the community group (SAL), was based on a budget of $243,000 (number of courts not specified). However, that Group’s later submission to Council was for 3 fixed squash courts with accessible toilets and shower/change rooms, estimated to cost in the order of $343,000. It is envisaged that returning to a 2 court proposal, with shared use of the Aquatic Centre amenities will result in an affordable project, as was outlined in the original proposal to replace the existing out of service courts.

It should also be noted that Development Consent granted for the squash courts in February 2013 included a requirement to formalise (seal/line mark) existing overflow car parking for the Aquatic Centre. This work was in lieu of providing additional car parking for the squash courts and was completed prior to the rescission motion of 16 April, at a cost of approximately $100,000.

ISSUES

Legal

Both the SAC and the adjacent Pambula Sporting Complex (PSC) are co-located on the same parcel of land, a Crown Reserve, managed by Council. The SAC is operated directly by Council; the PSC is operated by a Committee of Council.

While Development Approval and Construction Certificate have previously been issued, modification of consent and subsequent approval will be required for the proposed 2 courts linked to the SAC.

Policy

Renewal of the squash courts is consistent with Council’s Recreation Asset Management Plan’s (RAMP) renewal policy.

Asset

The new courts, if constructed will be a Council owned asset and form part of Council’s RAMP.

Social / Cultural

The construction of the new squash courts would replace the out of service squash courts in Merimbula, which are due to be demolished. Squash will provide a further element to complement the existing facilities available at the Pambula Sporting Complex and Sapphire Aquatic Centre.

Economic

The addition of squash courts facilities at the SAC is likely to increase usage at the aquatic centre particularly in the evenings. An indicative court booking fee of $15/hr would cover the operating costs for the courts and additional SAC staff costs. It is suggested the proposed squash court operating hours be the same as SAC opening hours plus additional evening opening to 8.00pm. Opening beyond these hours (eg competition nights) will be by arrangement with users. Costs for extended hours would be covered by the users/ Squash Club. It is anticipated that any extended opening hours would boost numbers of pool and in particular gym users. Additional revenue raised by this usage will reduce overall operating costs for the SAC.

The proposal is to construct 2 courts as this would be cost effective and would be like-for-like renewal of the Merimbula facility. However, 2 courts will likely require extended hours to complete games on a competition night. Three courts would obviously have a higher capital cost, but may have reduced operating costs by avoiding late nights if the courts are heavily used. The optimum solution suggested is to build 2 courts now but provide bulk site earthworks and retaining wall works to allow construction of a third court at a later date if required.

Strategic

Construction of the squash courts is anticipated to complement the existing facilities at the SAC and PSC. This is considered to be a good strategic fit for recreation facilities.

Consultation

Construction of squash courts at the SAC site has not previously been widely consulted. While the principle is generally well supported by users, no formal community consultation has been undertaken.

Financial

It should be noted that approximately $100,000 was spent in 2013/14 on extending the SAC car park as a condition of the existing Development Approval for the squash courts. This cost was met from the Crown Lands contribution in 2013/14. Crown Lands have advised that $100,000 has also been allocated towards completion of this project in 2014/15.

Council’s allocation to improvements at the PSC Regional Sportsground in 2014/15 is $265,000 (Year 4 of 4). If two squash courts are to be constructed, the PSC Committee would need to allocate a minimum $82,000 (excluding contingencies) towards the construction. If three courts are to be constructed, the committee would need to allocate $218,000.

Cost estimates are based on a Rawlinson’s 2014 rates for budget courts. The proposed structure is a steel frame construction fitted-out by a specialist squash court installer.

Funding source

Amount ($)

Crown Lands contribution to Regional Sporting facility 2013/14 EXPENDED on car parking improvements (Development Consent requirement)

· Estimated cost for 2 courts – no contingency or escalation included

· Estimated cost for 3 courts - no contingency or escalation included

Option A – 2 Courts

Crown Lands contribution to Regional Sporting facility 2014/15

NSW Community Building Partnership

BVSC LTFP - Pambula Sporting Complex Year 4 of 4 – 2 Courts

Option B – 3 Courts

Crown Lands contribution to Regional Sporting facility 2014/15

NSW Community Building Partnership

BVSC LTFP - Pambula Sporting Complex Year 4 of 4 – 2 Courts

$

100,000

272,000

408,000

100,000

90,000

82,000

TOTAL $272,000

100,000

90,000

218,000

TOTAL $408,000

Resources (including staff)

Council staff would manage the construction process. It is proposed to issue a tender for construction of the courts based on the architectural and structural plans developed for council. Tenderers will be expected to nominate the court system proposed as part of their tender.

Operational Plan

The squash courts operation would be through the existing SAC reception. The SAC’s toilet and shower facilities would be utilised by squash players.

Conclusion

There is an opportunity to utilise the existing Community Buildings Partnership grant of $90,000 to renew the Merimbula Squash courts at the Sapphire Aquatic Centre. If supported by councillors and the Pambula Sporting Complex Committee, it would be possible to construct a two or three court squash complex to complement the existing sporting facilities at the Pambula Sporting Complex and Sapphire Aquatic Centre.

ATTACHMENTS

1 . Pambula Squash Courts Proposal - Sept 2014

Recommendation

That Council endorses the proposal to progress with construction of two (2) squash courts by inviting tenders, retaining the ability to expand the facility in the future if required.

Council 1 October 2014 Item 9.2

9.2. Council Managed Crown Reserves - 2014/15 Improvements with Crown Lands PRMF Funding

Council have received advice that Crown Lands will fund one more final year of the Caravan Park Agreement funding and that Council’s 2014/15 recreation renewal program as proposed has been approved.

Group Manager Transport and Utilities

Background

Council has previously received $300,000 annually from Crown Lands as part of a settlement agreement for the transfer of Council managed caravan parks to Crown management. Crown Lands have advised this agreement will no longer be supported and have offered grant funding from the Public Reserves Management Fund for the group of projects proposed for 2014/2015 as the final commitment to this agreement.

ISSUES

Legal

Crown Lands require written acceptance from the General Manager, certifying that Council has resolved to accept the grant offer (Annexure B of Grant offer).

Policy

The projects outlined in the below list that are proposed for grant funding are consistent with Council’s Recreation Asset Management Plan’s (RAMP).

Asset

The new infrastructure shall be constructed by or on behalf of Council and managed as outlined in Council’s RAMP.

Social / Cultural

The projects funded by the grant are either supported by existing Plans of management or have been previously widely consulted with the community.

Strategic

Construction of the proposed projects meets existing recreation strategies and Plans of Management.

Consultation

Construction of squash courts at the SAC site has previously been widely consulted and is broadly supported as a renewal project.

The remaining projects are to be constructed as outlined in existing Foreshore Plans of Management.

Financial

Capital costs are to be met by the Crown Lands grant. Future maintenance and renewal costs are most likely to be met from Council’s LTFP, but may be supported by grant funding where opportunity exists.

Funding source

Amount

2014/15 Crown Reserves Payment

Bundian Way, Eden

Tathra Foreshore Reserve Landscaping

Pambula Sporting Complex – Courts Phase 2

Lake Curalo shared pathway – Phase 2

TOTAL $300,000

$50,000

$20,000

$100,000

$130,000

Resources (including staff)

Council staff would manage the construction process with support from Community volunteers where appropriate to maximise value.

It is proposed to issue a tender for construction of the squash courts based on the architectural and structural plans developed for council.

Operational Plan

The completed infrastructure would be adopted by Council and managed as part of the Recreation and Leisure infrastructure.

Conclusion

The grant from Crown Lands is the final payment under the terms of the agreement for transfer of the caravan parks. The projects nominated were identified from existing Plans of Management and community priorities in 2013 when project nominations were requested by Crown Lands.

ATTACHMENTS

Nil

Recommendation

That Council resolves to accept the grant of $300,000 made to the Council for the projects nominated in the report.

Council 1 October 2014 Item 10.1

10.1. Agreement with NSW Land and Housing Corporation and Lions Club of Tathra Incorporated

This report seeks Council approval to formalise the Agreement in relation to the development of the Haven Place Retirement Village, 11 Haven Place, Tathra.

Group Manager Strategy and Business Services

Background

Council entered into an agreement with NSW Land and Housing Corporation (the Department) and The Lions Club of Tathra Incorporated (the Lions Club) to provide housing for aged and disabled persons in the district of Tathra in a three staged development.

Pursuant to that agreement, Council, the Department and the Lions Club entered into a first stage Deed dated 4 January 1989 for the development on Lot 87 DP 718613 and upon completion and in proportion to the respective financial contributions resulted in a transfer of 5094/10000 shares to the Department, 2444/10000 shares to Council and 244/10000 shares to the Lions Club as tenants in common.

A second stage Deed was entered into between Council, the Department and the Lions Club dated 14 April 1994 and with additional contributions by the Department and the Lions Club, but no additional contribution by Council, resulted in a transfer of 605278/957139 shares to the Department, 140000/957139 shares to Council and 211861/957139 shares to the Lions Club as tenants in common.

A third stage Deed was entered into between Council, the Department, the Lions Club and Haven Place Incorporated (being a committee of the Lions Club) dated 12 February 1999 which included the addition of Lot 145 DP239956 by the Lions Club (later consolidated with Lot 87 DP718613) but no additional contribution by Council.

A final Deed was entered into between Council, the Department and the Lions Club which incorporated the above and resulted in a final transfer of 897544/1371043 shares to the Department, 140000/1371043 shares to Council and 333499/1371043 shares to the Lions Club as tenants in common.

Haven Place Incorporated, as operator of the retirement village must comply with s24A of The Retirement Villages Act 1999 by notifying the Registrar General the land is used as a retirement village. Haven Place Incorporated is currently leasing the property on a month by month holding over basis. In order for Haven Place Incorporated to comply with its obligations it must enter into a new lease with Council, the Department and the Lions Club over the property, which is now consolidated and known as Lot 870 DP 1046983.

ISSUES

Legal

Lot 870 DP 1046983 will be transferred to Lions Club of Tathra Inc. in 333499/1371043 share, NSW Land and Housing Corporation in 897544/1371043 share and the Council of the Shire of Bega Valley in 140000/1371043 share as tenants in common.

Council is required to execute a new lease to Haven Place Incorporated for a period of 10 years with an option to review for a further 10 year period over consolidated Lot 870 DP1046983.

Asset

There is no current issue; this is now only a procedural matter.

Consultation

Pursuant to the Agreement between the parties, the solicitors acting on behalf of Lions Club of Tathra Incorporated are attending to registration of the transfer and subsequent lease.

Resources (including staff)

Council Property staff and external legal providers will be involved in relation to finalising execution of the relevant paperwork. Each party pays their own costs.

Conclusion

The transfer process needs to be finalised as soon as possible to enable the operator of the retirement village, Haven Place Incorporated, to comply with its obligations under The Retirement Villages Act 1999.

ATTACHMENTS

Nil

Recommendation

1. That Council resolve to finalise the Agreement between Council, NSW Land and Housing Corporation and Lions Club of Tathra Incorporated dated 20 May 2002 regarding Lot 870 DP1046983 by transfer to reflect the agreed share entitlement of each party.

2. That the Mayor and/or General Manager be authorised to execute the necessary documents and if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager.

Council 1 October 2014 Item 10.2

10.2. Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

This report seeks a resolution to rescind the acquisition of Crown land in Merimbula that was originally proposed for the Merimbula Cultural Centre.

Group Manager Strategy and Business Services

Background

This matter was reported to Council on 7 May 2014 where it was resolved to retain Lot 1 DP 1004805 and write to the NSW Treasurer seeking a waiver of compensation and statutory interest.

Council’s request for a waiver of compensation and statutory interest has been refused (see attached letter) and it has been suggested that Council reconsider rescission of the acquisition notice.

A copy of the Council Reports of 7 May 2014, 3 July 2012 and 21 November 2012 are attached for the information of Councillors.

ISSUES

Financial

Council should be mindful however that under Section 70 of the Land Acquisition (Just Terms Compensation) Act 1991 (the Act) that Crown Lands have 3 years to lodge a claim for compensation.

…“LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 70:

Compensation for rescission of acquisition notice

(1) If an acquisition notice is rescinded (in whole or in part) under this Act, a person in whom the land is re-vested on that rescission is entitled to be compensated by the authority of the State for any financial costs or any damage actually incurred or suffered by that person as a direct consequence of the compulsory acquisition and its rescission.

(2) Compensation is not payable under this section in respect of any change in the value of the land.

(3) The compensation payable under this section includes compensation for any easement or other interest which was created after the acquisition of the land and which subsists after the rescission of the acquisition notice. Section 62 and any other relevant provision of Part 3 apply to the determination of the amount of any such compensation.

(4) Compensation is not payable under this section unless a claim for compensation is made within 3 years after the rescission of the acquisition notice.”…

Conclusion

Due to the site constraints and costs involved in completing the acquisition, it is recommended Council write to the Crown Lands Division and seek their consent to rescind the acquisition under Section 31 of the Act and finalise the outstanding issue of compensation relating to the acquisition. In relation to compensation under part 4 of the Act, when Council seeks the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

ATTACHMENTS

1. Report to Council 07.05.2014 ~ Finalisation of the acquisition of the historically proposed Merimbula Cultural Centre site

2 . Report to Council 03.07.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre

3 . Report to Council 21.11.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acqusition (Just Terms Compensation) Act

4 . Letter requesting waiver of compensation and statutory interest

5 . Letter of response from The Hon Kevin Humphries MP

6 . Site Map

Recommendation

1. That Council write to the Crown Lands Division and seek consent to rescind the acquisition of Lot 1 DP 1004805 under Section 31 of the Act and that Council cause a Notice of the Rescission to be published in the NSW Government Gazette.

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.

Background

In June 1998, Council proposed to acquire and rezone parts of R23456 and R61630, being a section of Crown land near the airport in Merimbula for the purpose of developing a Merimbula Cultural Centre.

Council made application to the Department of Local Government seeking approval for the proposed acquisition of land adjacent to the site to be gazetted. The purpose of the acquisition was to complement the existing Council landholding to enable development of a proposed Merimbula Cultural Centre and would be used as ancillary to the main site.

In exchange for the land to be acquired, Council was required to surrender to the Crown, certain Council land described as Lot 2 DP 549112, comprising of 18.5 hectares which was to be added to the adjacent vacant Crown land of the existing Coastal Protection Area. The surrender of the Council land was a condition of the Crown’s agreement to permit the acquisition. Compensation was to be determined in accordance with the legislation.

On 2 June 2000, the acquisition of Lot 1 DP 1004805 was gazetted, with the issue of compensation yet to be finalised. It would appear that no further action occurred whilst Council investigated development prospects and funding opportunities for the site.

On 3 July 2012, a report was presented to Council recommending rescission of the acquisition due to site restrictions as a result of re-zoning, however due to an address to Council, the matter was deferred for a further report to Council. The further report was intended to address the matter of land valuations, any compensation payable should Council not proceed, and confirmation that the adjacent Council site of 18.5 ha was no longer required as a land swap.

The further report was presented to Council on 21 November 2012, again seeking Council approval to rescind the acquisition, however Council resolved as follows:-

1. That Council retain Lot 1 DP1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and advise the Crown Lands Division of its decision.

2. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on Lot 1 DP1004805 for the purpose of the operation of the airport precinct following the resolution of a further planning proposal.

3. 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.

A copy of the Council reports of 3 July 2012 and 21 November 2012 are attached for the information of Councillors.

ISSUES

Legal

In September 2011, the Crown Lands Division wrote to Council noting that the compensation issue remained outstanding. Council was also informed that the requirement to surrender the Council land was no longer necessary.

As the requirement to surrender the Council land was originally imposed to allow rezoning of the Crown Land acquired for the cultural centre, the Crown Lands Division sought Council advice as to whether the compensation issue was intended to be finalised or whether the acquisition was to be rescinded under section 31 of the Act.

Policy

At the time of acquisition, the land was zoned Special Uses 5(a) under the then Bega Valley Local Environmental Plan 2002, however it’s zoning under the CLEP is now SP2 Infrastructure.

Economic

Acquisition of the site as originally proposed is no longer considered feasible due to the significant costs involved to service the land. In addition, a further valuation was obtained from Opteon on 21 August 2012 valuing Lot 1 DP 1004805 at only $25,000.

Consultation

Crown Lands indicated back in 2012 that unless Council had granted other interests in the land since the acquisition or received compensation or other income from the site, it was not expected that Crown would claim any compensation.

Recent contact with both Crown Lands and the Office of Local Government however has indicated that compensation totalling $350,000 will be payable (based on the Caddey Searl and Jarman valuation report of 22 October 1999) and additionally that a significant amount of statutory interest incurred since the date of gazettal would also be payable under Section 50 of the Land Acquisition (Just Terms Compensation) Act 1991. Interest calculated to 29 November 2012 amounted to $203,296.29, however advice will need to be sought to calculate interest to date once Council resolve on its decision on how to proceed. The compulsory acquisition with agreement was based on the market value of the land at the time of gazettal, being 2 June 2000. As part of the agreement reached at that time, Council and the Crown Lands Division each paid a 50% share of the cost of the valuation report.

Financial

Given no allocation for funding has been made or planned for any consideration given would need to be taken from operational revenue.

Conclusion

Due to the site constraints and costs involved in completing the acquisition it is recommended that Council should now write to the Crown Lands Division and seek their consent to rescind the acquisition under Section 31 of the Act and finalise the outstanding issue of compensation relating to the acquisition. In relation to the issue of compensation under part 4 of the Act, when Council seeks the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

Council 1 October 2014 Item 11.1

11.1. Design & Construct for the Bega Depot Amenities and Work Crew Shed – Tender RFT 36/14

This report details the outcomes of evaluation of Tender RFT 36/14 for the design and construct of the Bega Depot Amenities and Work Crew Shed and recommends award to the preferred tender.

Group Manager Transport and Utilities

Background

Council invited tenders from suitably qualified contractors to design and construct the Maher Street Depot at Lot 5-8 DP799742 Maher Street, Bega.

This project is the third and major part of stage one of the redevelopment of the Bega Works Depot. Part one (now complete) was the demolition of existing works offices, minor plant sheds and toilet. Part two (currently in progress) includes civil ground works and construction of plant and work crew sheds.

Part three, the subject of this report, includes design and construction of the amenities building and internal fit out of the work crew shed. The amenities building will provide much needed facilities to the Maher Street depot including:

· Central kitchen and meal area for the outdoor staff;

· Unisex accessible bathroom/toilet;

· Male and Female bathroom/toilet;

· Small laundry facility;

· Multi-purpose space with moveable dividing central wall designed as Emergency Control Centre (ECC),Computer training facility, meeting room;

· Locker room;

· Outdoor meal area.

The project also includes minor internal fit out of work crew sheds which are required for effective and efficient use of the sheds for example as office/work space.

Tenders were advertised in local media and in the Sydney Morning Herald on the, 5 August 2014. All Council Tenders are now advertised and distributed through Council’s Tenderlink portal. At the application close period on the 3 September 2014 at 12:00pm, 21 documents were issued, with 5 submissions received as follows:

· Cerberus Construction Services Pty Ltd T/As Built Resources Australia (Received a conforming and an alternative submission);

· David Leser Building Pty Ltd;

· GJ & C Clarke Building Pty Ltd T/As Green Homes Australia Sapphire;

· Grant Dowdle Building Pty Ltd;

· R.W Brain Pty Ltd.

Applicants were asked to provide:

· Lump sum price breakdown of the works;

· Schedule of Tenderer’s Project Experience;

· Schedule of Machinery, Plant & Equipment;

· Schedule of Key Contact Staff;

· Schedule of Consultants, Subcontractors & Major Suppliers;

· Schedule of Tender Program;

· Schedule of Work Health and Safety;

· Schedule Tenderer’s Current Work Load.

The tender submissions were assessed against the following evaluation criteria:

Criteria	Weighting
Price	50%
Project Experience	30%
Project Functionality	15%
Local Community Benefit	5%
WH&S	Compliant/ Non-Compliant
Total	100%

ISSUES

Legal

Development Consent was granted by the Bega Valley Shire Council under Clause 2.3 of the Bega Valley Local Environmental Plan 2013 subject to conditions.

The tender process complied with the Local Government Act 1993.

Environmental

A Statement of Environmental Effects was completed to assess any environmental impacts likely to be associated with construction of the Bega Works Depot Site.

Asset

Lot 5-8 DP799742, Maher Street Bega, the site of the Bega Works Depot, is Council owned land.

Consultation

Council has consulted with local residents through the development application process. The issues raised by the residents were as follows:

· Traffic Increase;

· Non – Compliance of Road Rules;

· Alternative Access to the Depot Site;

· Noise, Early Starts, Dust and Emissions.

These issues were all satisfactorily addressed and the Development Consent was granted.

Financial

Funding source

Amount

Council Depot Infrastructure Renewals Budget

Part 1 Demolition works RFQ 3/14

Part 2 Civil ground works and work crew sheds RFT 16/14

Remaining funds available

$1,350,000

$ 33,909

$ 335,576

$ 980,515

Resources (including staff)

Council engineering staff will manage this project.

Conclusion

The amenities building and internal fit out of work crew shed is the final and major part of stage one of the redevelopment of the Bega Maher Street Depot. The amenities building and work crew shed will be accessible and provide modern facilities to assist in delivering the level of service expected of Council employees. The preferred tenderer has completed various similar works and is considered competent and capable of completing works within this contract in an effective and satisfactory manner.

The preferred tenderer is considered to be assessed as providing the best overall value to Council.

ATTACHMENTS

1. Confidential Memo - RFT 36/14 Design & Construction for Bega Depot Amenities Work Crew Shed (Confidential)

2. 201.10.01 council confidential memo Bega Depot Amenities Building plans

Recommendation

1. That Council accept the recommendation as outlined in the confidential attachment.

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT36/14, in the amount of <insert> (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.

Council 1 October 2014 Item 12.1

12.1. Councillor Portfolios, Agenda and Reporting Theme Areas

At the Council meeting on 5 October 2012 Council moved to a reporting system in line with the themes of the Community Strategic Plan (CSP), Bega Valley 2030.

General Manager

Background

Following the adoption of the Community Strategic Plan (CSP), Council moved to a portfolio/reporting system in line with CSP themes. In September 2013 Reporting Theme names were confirmed as listed and the Terms of Reference for Portfolio Sections were reviewed.

A new reporting line has been implemented to reflect the proposed addition of a Finance Committee as outlined in a seperate report to Council 1 October, 2014: Committee Panel Delegates and Representatives.

· Staff Reports: Planning and Environment (Sustainability)

· Staff Reports: Community, Culture and Leisure (Liveability)

· Staff Reports: Economic Development and Business Growth (Enterprising)

· Staff Reports: Infrastructure Waste and Water (Accessibility)

· Staff Reports: Governance and Strategy (Leading Organisation)

· Staff Reports: Finance (Leading Organisation)

ISSUES

Legal

The Local Government Act 1993 (the Act) S369 provides that the Mayor, or in his/her absence, the Deputy Mayor, presides as Chairperson at meetings of Council.

It has been the practice of Council to nominate Councillors, other than the Mayor, to chair Standing Committees or other Committees as delegated by Council.

Terms of Reference – Portfolio/Report Sections

Planning and Environment (Sustainability)

Objective:

To ensure the unique environment is protected to maintain biodiversity and water quality and managed for our community, to provide growth and economic opportunity.

Terms:

Consider, review, prioritise and resolve:

· Development applications outside staff delegations;

· Comprehensive Local Environment Plan, Development Control Plan and amendments;

· Strategic land use, urban structure, natural resource, coastal management, estuary and climate change plans and reports;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines relating to

o Natural environment, health, building, control, pollution, trees, weeds and regulatory services to the extent Council has jurisdiction in relation to the Local Government Act, Environmental Planning and Assessment Act, Protection of the Environment Operations Act, Heritage Act, Noxious Weeds Act and related legislation;

· Contributions plans under S94 and S94A (Environment Planning and Assessment Act) and S64 (Local Government Act);

· Recommendations from related reference panels;

· Minutes and recommendations from related advisory committees.

· Related matters outside staff delegations.

Community, Culture and Leisure (Liveability)

Objective:

To support a place where everyone regardless of age or circumstance can enjoy a safe, involved and affordable community life.

Terms:

Consider, review, prioritise and resolve:

· The provision of health, welfare and community services to the extent Council has jurisdiction or is agent to provide services on behalf of government;

· Strategic responses to community, cultural and social, voluntary issues and reports;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines in relation to

o ageing, youth, children’s services, disability and other disadvantaged demographic groups in the Shire.

o library, gallery and cultural services

· Communication between the Council agencies and the community;

· Matters relating to the general health and physical wellbeing of Shire citizens;

· Awards for honorary and voluntary civic service;

· Civic events, festivals and celebrations;

· Recommendations from related reference panels;

· Minutes and recommendations from related advisory committees;

· Related matters outside staff delegations.

Economic Development and Business Growth (Enterprising)

Objective:

To support a creative and innovative business community, invigorating growth in employment and economic activity, in partnerships with government.

Terms:

Consider, review, prioritise and resolve:

· Strategic business and property plans and reports;

· Proposals relating to development, acquisition, lease or sale of Council property;

· Economic development, education, marketing and tourism;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines in relation to

o business growth, land investment, tourism;

· Minutes and recommendations from related advisory committees;

· Recommendations from related reference panels;

· Related matters outside staff delegations.

Infrastructure Waste and Water (Accessibility)

Objective

To plan, and provide a comprehensive mix of public and private sector services and facilities in order that residents and visitors have access to the quality health, recreation, education, employment, transport, utility and retail resources they want and need.

Terms:

Consider, review, prioritise and resolve:

· Capital works program;

· Tenders for capital works and plant;

· Asset standards, levels of service and hierarchies;

· Asset acquisition and disposal;

· Policies, principles and guidelines in relation to

o works (including roads, bridges, paths), water and waste water

o reserves, buildings, car parks, drainage and waterway infrastructure.

o emergency services;

· Strategic infrastructure management, including water, waste and waste water business plans;

· Asset management plans, facility management plans and plans of management;

· Infrastructure grant funded projects;

· Minutes and recommendations from related advisory committees;

· Recommendations from related reference panels;

· Related matters outside staff delegations.

Governance and Strategy (Leading Organisation)

Objective:

To shape an organisation that supports the agreed aspirations of the community within the capacity of the community and the capability of the organisation.

Terms:

Consider, review, prioritise and resolve:

· Community Engagement Policy and Procedure, Community Strategic Plan, Delivery Plan, Operating Plan, Resourcing Strategy, Revenue Policy (including rates, fees and charges as included in the integrated planning and reporting process) and Annual Reports;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines relating to

o Corporate plan, media and communication, customer service, finance, human resources, information technology, administration, risk and insurance;

· Organisation structure and staff resources;

· Council’s Policies including the Code of Conduct, Code of Meeting Practice and related codes and policies;

· External and internal audit;

· Recommendations from related reference panels;

· Minutes and recommendations from related advisory committees;

· Related matters outside staff delegations.

Finance (Leading Organisation)

Objective:

To support the efficient and effective financial management of the organisation.

Terms:

Consider, review, prioritise and resolve:

· Council’s Annual Operating Budget;

· Council’s Revenue Policy (including rates, fees and charges);

· Council’s Quarterly Budget Review Statements;

· Reports on Council’s investments;

· Year-end financial reporting including audit;

· Community Strategic Plan related financial reporting;

· Investments and loan programs and policies;

· Council’s Long Term Financial Plan.

ATTACHMENTS

Nil

Recommendation

1. That Council confirms the naming of the theme reporting and portfolio structure as:

· Staff Reports: Planning and Environment (Sustainability);

· Staff Reports: Community, Culture and Leisure (Liveability);

· Staff Reports: Economic Development and Business Growth (Enterprising);

· Staff Reports: Infrastructure Waste and Water (Accessibility);

· Staff Reports: Governance and Strategy (Leading Organisation);

· Staff Reports: Finance (Leading Organisation).

2. That the objective and terms of reference for each portfolio be noted.

3. That all Councillors be members of the Standing Committees

4. That a Councillor be nominated to facilitate each Portfolio:

· Staff Reports: Planning and Environment (Sustainability);

· Staff Reports: Community, Culture and Leisure (Liveability);

· Staff Reports: Economic Development and Business Growth (Enterprising);

· Staff Reports: Infrastructure Waste and Water (Accessibility);

· Staff Reports: Governance and Strategy (Leading Organisation);

· Staff Reports: Finance (Leading Organisation).

Council 1 October 2014 Item 12.2

12.2. Committee and Panel - Delegates and Representatives

The Council appoints its delegates/representatives to various committees, panels and associations.

General Manager

Background

Traditionally Council has appointed individual Councillors to represent Council on community committees and other organisations. The table of recommendations in this report includes each of the committees/organisations to which Council should appoint delegates.

It is suggested Council should determine the delegate/s and representative/s for the period until September 2015.

S355 and Advisory Committees

S355 and Advisory Committees are established by Council to perform certain functions on behalf of Council. These may include management of assets, performance of services, or joining with other organisations (such as ROCs) to provide large scale services or projects.

S355 and Advisory Committees are obliged to observe the adopted Code of Meeting Practice, and where appropriate, members nominate areas of pecuniary interest. The Committees, through staff, publish minutes on Council’s website and are accessible to the public under Government Information Public Access Act (GIPA) legislation. Relevant recommendations of those Committees, relating to financial, asset or policy matters, are reported through staff to Council meetings for consideration.

Reference Panels

Reference Panels are appointed by Council from representatives of community and other stakeholders or agencies with relevant expertise, influence or interest in strategic areas, as a sounding board in the development of strategies or plans, or to monitor progress against those strategies and plans.

Portfolio chairs and relevant staff participate in meetings of the Panels, and incorporate key opinions and advice of those Panels into staff or delegates reports to Council.

Statutory Appointments

Some delegates to organisations other than Council Committees are made by Ministers. These appointments are personal appointments and cannot be altered by the Council. Should a Councillor not be re-elected, the Minister will make an alternate appointment, seeking Council’s advice. Councillors may wish to nominate alternate delegates for some committees.

Section 355 Committee/Panel	Delegate/ Representative 2013/14	Delegate/ Representative 2014/15
Coastal Planning and Management Panel	Cr Britten Cr Hughes(alternate)
General Cemetery Management Committee	Cr Tapscott
General Halls Management Committee	Cr Mawhinney
General Sportsground Committee	Cr Britten Cr Fitzpatrick Cr Allen
Access Committee	Cr Tapscott
Business Growth Committee NB this committee has not been constituted to date due to lack of nominees. It will be reported to Council in near future

Internal or Community Committee/Panel	Delegate/ Representative 2013/14	Delegate/ Representative 2014/15
Integrated Water Cycle Management reference Panel	1^st Delegate - Cr Hughes 2^nd Delegate - Cr Britten
Community Environment Grants Committee	1^st Delegate – Cr Hughes 2^nd Delegate – Cr Mawhinney
Heritage Grants Committee	1^st Delegate – Cr Hughes 2^nd Delegate – Cr Seckold
Internal Audit Committee	Cr Mawhinney
Internal Finance Committee	N/A	Chair: Cr Delegates:
Police Liaison Committee	Mayor – Cr Taylor
Local Traffic Committee &Traffic Development Advisory Committee	Cr Fitzpatrick
Bega Valley Shire "On Track" Committee	Cr Seckold
Bega Valley Medallion Committee	Mayor - Taylor
Youth Council	Cr Seckold
Communications and community engagement reference group	Cr Mawhinney as chair of Governance Committee

External Groups Committee/Organisation	Delegate/ Representative 2013/14	Delegate/ Representative 2014/15
Southern Councils Group Membership until June 2015	1^st Delegate – Mayor Cr Taylor 2^nd Delegate - General Manager or Cr Britten
South East Region of Councils (SEROC)	Mayor Cr Bill Taylor (appointed 25/6/14) General Manager	Observer only until membership confirmed
Local Government NSW	1^st Delegate - Mayor Cr Taylor 2^nd Delegate – Cr Mawhinney 3^rd Delegate – Cr Tapscott
Sapphire Coast Tourism Limited Board	Cr Tapscott
Southern Joint Regional Planning Panel	1^st Delegate – Cr Britten 2^nd Delegate – Cr McBain 1^st Alternate - Cr Hughes 2^nd Alternate - Cr Allen
South East Arts Note: Due to the SEA constitution Cr Seckold must have a 2 year break cannot be the 2014/15, 2015/16 delegate.	Cr Seckold
Bega Valley Bush Fire Management	Cr Tapscott
Bega Valley Business Forum	Cr McBain
Country Public Library Association	Cr Allen
Mumbulla Foundation	Cr Mawhinney
South East Regional Academy of Sport	Cr Seckold
Biamanga National Park Ministerial Appointment	Cr Hughes
Batemans Marine Park Ministerial Appointment	Cr Hughes

Conclusion

The delineation of roles and membership of Committees and Panels broadens the potential membership base and clarifies the relationship of those bodies with Council.

ATTACHMENTS

Nil

Recommendation

1. That Council note the definitions and purpose of Committees and Panels

2. That Council confirm the delegates and alternates to Committees, Panels and Organisations as outlined in the table.

3. That the Councillor/s nominated as Portfolio chairs, be the Council’s delegate to relevant Reference Panels as outlined in the attached Committee and Panel Structure

4. That all the Committees and Organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and the like, directly to the Council appointed delegates

Council 1 October 2014 Item 12.3

12.3. Pecuniary Interest Returns and Declarations

Councillors and “Designated People” are required to complete Pecuniary Interest Returns under Section 449 of the Local Government Act 1993.

General Manager

Background

The Local Government Act 1993 (the Act) requires Councillors, the General Manager, Group/Executive Managers and people nominated by the Council as “designated persons” to complete Pecuniary Interest Returns. A number of changes to the Act and Regulations were made in 2012:

• Section 448 of the Act set out interests that do not have to be disclosed by councillors, designated persons, members of Council Committees and Council advisers.

• Section 448 previously referred to any duties of disclosure under Chapter 14 but has been amended to refer only to duties of disclosure under Part 2 of that Chapter.

• Section 451 has been amended to authorise Councillors to be present, take part in a meeting, and vote on a matter in which they have a pecuniary interest if:

o the matter relates to the making, amendment or alteration of an environmental planning instrument that applies to the whole or a significant part of the Council’s area; and

o they have made a special disclosure of the pecuniary interest.

• The special disclosure of pecuniary interest must be in the form prescribed by the regulations and laid on the table at a meeting of the Council as soon as practicable after the disclosure is made.

Committee Members

Although the Council has traditionally not “designated” members of its various community Committees and it is not envisaged that it will, the obligations under the Act still apply to them. That is to say, Committee members are required to observe the pecuniary interest provisions of the Act and declare an interest and not vote on matters in which they have a pecuniary interest. They must also leave the room in which the meeting is being held after declaring an interest. All Council Committees are aware of this provision of the legislation.

All Council and Committee meetings are required to follow the Code of Meeting Practice.

Councillors

Councillors are required to lodge a return under Section 449 and the recommendation provides accordingly.

Councillors are asked to note the form of the Pecuniary Interest Returns is covered by Regulation. Each section of the Return must be answered. Officers from the Office of Local Government may make inspections from time to time.

Recent amendments to the Act enable Councillors’ participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP).

Independent Audit Committee

Members of the community appointed to Council’s Independent Audit Committee, are required to lodge a return under Section 449 and the recommendation provides accordingly: Current members of the Independent Audit Committee are:

· Mr Geoff Steel

· Mr Terrence Bunn

Designated Person

The following list represents officers of the Council who have (or their positions have) previously been “designated” by the Council as officers required to submit a Pecuniary Interest Return:

Basford, Anthony	Hancock, Cecily	Woodley, Andrew
Bogie, Rebecca	Harper, Glenn	Hampshire, Jill
Campbell, Sheralyn	Hicks, Rodney	Nepal, Pankaj
Cowgill, Kylee	Madigan, Danny	Parker, Darrell
Donne, Jeff	McGregor, Carley	Scarpin, Lucas
Irvin, Mark	Miles, Peter	Browne Toby
Kirk, Julie	Morrison, Andrew	Collins, Jim
Raward, Ros	O’Donnell, Greg	Cunningham, Richard
Schweitzer, Simon	Osborn, Brett	Hankinson, Mark
Barnes, Leanne	Pearson, Christopher	Murray, James
Preo, Michelle	Pyke, Jonathon	Newton, Peter
Smith, Theresa	Quick, Robert	Powell, Bruce
Jones, Peter	Roberts, Richard	Sartori, Wayne
Churchward, Nina	Scroop, Ben	Stewart, Andrew
Blacka, Annadale	Slade, Colin	Williams, Graeme
Murphy, Daniel	Slapp, Rob	Lunniss, Paul
Dixon-Keay, Jamie	Thompson, Terry	Louie, Gary
Flanagan, John	Thomson, Sophie	Wastell, Graeme
Fowler, Mark	Tipping, Jeff	McAlister Bob
Franic, Michael	Tull, Keith	Barter, Rhonda
Griffin, Christine	Van Bracht, Derek	Marshall, Rickee
Grady, John

A report advising the receipt of declarations will be presented at Council meeting following the 30 September deadline for submission of these returns.

Inspection of Returns

Pecuniary Interest Returns are available for inspection by the public through the Government Information Public Access Act (GIPA) Act (GIPA Act guidelines 1: local councils). Copies of returns lodged by Councillors will be available on Council’s website, once received, processed and reported to Council following the 30 September deadline each year.

ATTACHMENTS

Nil

Recommendation

1. That Councillors note they are required to lodge Pecuniary Interest Returns under Section 449 of the Act.

2. That members of the Independent Audit Committee and the officers of the Council listed in the report submitted on 1 October, 2014 be “designated persons” under the provisions of the Act requiring them to submit a Pecuniary Interest Return.

Council 1 October 2014 Item 12.4

12.4. Gift Register - September 2013 to September 2014

Reporting on Council’s Gift Register under Council’s Code of Conduct - Section 2.6.3 Gifts.

General Manager

Background

Council’s Code of Conduct section 2.6.3 Gifts and Benefits requires Councillors and Council staff to declare on Council’s Gift Register, any token gifts or benefits received by them during the course of their activities with Council.

The Register is maintained by Council’s Executive Assistants and a copy of Declarations made in the preceding 12 months is attached (Attachment 1).

ISSUES

Legal

It is a requirement of the NSW Office of Local Government, for all Councils to have a Gift Register and this be available for inspection.

Policy

The Office of Local Government Model Code of Conduct, adopted by Bega Valley Shire Council states:

Personal Benefit

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

Gifts and benefits

5.1 You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

5.2 You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits

5.3 Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

· the discussion of official business;

· council work related events such as training, education sessions, workshops;

· conferences

· council functions or events;

· social functions organised by groups, such as council committees and community organisations;

b) invitations to and attendance at local social, cultural or sporting events;

c) gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address);

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers;

e) prizes of token value;.

Gifts and benefits of value

5.4 Notwithstanding clause 5.3, gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL)), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

How are offers of gifts and benefits to be dealt with?

5.5 You must not:

· seek or accept a bribe or other improper inducement;

· seek gifts or benefits of any kind;

· accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty;

· accept any gift or benefit of more than token value;

· accept an offer of cash or a cash-like gift, regardless of the amount.

5.6 For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

5.7 Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

Improper and undue influence

5.8 You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

5.9 You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

Conclusion

The Gift Register has been maintained and is an accurate record of declarations of any token gifts or benefits received by Councillors and Staff. Non-token gifts are held for the benefit of the Goodwill Committee to raise fund for local charities

ATTACHMENTS

1. Gift Register September 2013 to September 2014

Recommendation

That Council note the Gift Register activities since September 2013.

Council 1 October 2014 Item 12.5

12.5. Councillor Development Program

Outlining a proposed Councillor Development Program for the 2014/2015 year.

General Manager

Background

Councillors have been afforded the opportunity for training and development through consultation with the General Manager.

All training and development opportunities, as well as attendance at seminars and conferences have been required to be reported to Council to resolve which Councillors will attend as Council’s representatives.

This has been done on a case by case basis.

It has been identified providing a Councillor Development Program for the full year in advance will enable all training and development opportunities to be reviewed by Councillors in one instance, therefor eliminating the repetition of resolving attendees at separate Council meetings.

Councillor Development Program

A proposed Councillor Development Program has been developed for the coming twelve months.

The plan will continue to utilise in-house, Office of Local Government (OLG) and Local Government NSW (LG NSW) resources and programs.

Executive Certificate for Elected Members

Councillors have indicated a desire to participate in Local Government NSW Executive Certificate for Elected Members program.

Spanning five days, delivered as a three day and two day block, the Certificate is an accredited program which provides participants with exposure in all areas such as governance, common practice, role of Councillors and the designing of practical and complex solutions to common issues.

As this program is accredited (providing a nationally recognised qualification), the cost of providing to Councillors in-house is in excess of $40,000.00.

Local Government NSW has offered Council a short course type tailored solution which provides similar content and includes the preferences indicated by Councillors.

The short course program would run over three days on the following topics:

· Effective and Fair Meeting Procedures;

· Financial Issues in Local Government;

· Good Governance.

The estimated cost of delivery is $11,500.00 for up to 20 participants.

Costs may be defrayed if elected members from other Council’s wish to participate.

Program for Mayors

Local Government NSW also offers a Program for Mayors which includes:

· Mayor’s Weekend;

· Seminar for Directly Elected Mayors;

· Mayoral Mentoring.

It is suggested the Mayor’s Weekend Seminar would provide an opportunity of specialised professional development for Mayors and Deputy Mayors.

The cost of this program is approximately $2000.00 per person.

In-house training and workshops

Additional needs have been identified in the areas of Engaging the Community and Planning Legislation Skills and Knowledge. It has been determined these topics could be provided via workshops facilitated by Council’s own staff. In addition, basic skills in Social Media and iPad use are also proposed to be provided in-house, as well as Code of Conduct training.

Councillor Delegate Representation

At the Council Meeting on 1 October 2014, the delegates and representatives for Council Committees and Panels will be resolved.

The Councillor Development Program has predicted the conferences which these delegates will be nominated to attend.

This is detailed in the table below:

Date	Program	Attendees	Status
19-21 October 2014	Local Government NSW Conference	Crs Britten, Taylor, McBain	Resolved 9.7.14
22-23 October 2014	Women in Local Government NSW Leadership Summit	Cr Tapscott	Resolved 30.7.14
11-13 March 2015	Australian Coastal Council's Conference, Mornington Peninsula Victoria	3 delegates to be determined	Registered - Delegates to be Resolved
March 2015	LG Government NSW Tourism Conference	To be determined	To be resolved
March 2015	Australian Local Government Women’s Association	To be determined	To be resolved
June 2015	Australian LG Association National General Assembly	To be determined	To be resolved
July 2015	International Cities Town Centres and Communities Society Conference, Wollongong	To be determined	To be resolved
TBA	Australian Public Sector Anti-Corruption Conference	To be determined	To be resolved

Financial

The 2014/15 Budget provides for $67,000 for elected officials expenses. This covers food and catering, IT Facilities, Councillors CPD development and delegate’s expenses (for attending conferences and meeting).

This budget area will include any costs for Councillors attendance at meetings as Committee Delegates, as resolved following the report to Council scheduled on 1 October 2014 “Committee and Panel - Delegates and Representatives”.

ATTACHMENTS

Nil

Recommendation

1. That Council note the Councillors’ Development Program for 2014/15.

2. That Council nominate <insert Cr 1, Cr 2, Cr 3) to attend the Australian Coastal Council’s Conference

3. That Council agree the number of Delegates to represent Council at the nominated conference/s as follows <insert>

Council 1 October 2014 Item 12.6

12.6. Southern Councils Group Board Meeting Minutes 7 March, 29 May and 18 July 2014

Southern Councils Group Board Meetings are held four times a year. The report presents the adopted minutes from meetings held in 2014.

General Manager

Background

Southern Councils Group (SCG) Board Meetings are held four times a year and are attended by the Mayor as Council delegate and/or Cr Britten or the General Manager as alternate delegate.

A copy of the minutes adopted by Southern Councils Group from meetings held on 7 March, 2014, 29 May 2014 and 18 July 2014, are attached.

The minutes contain no matters requiring resolutions by Council.

The following matters should be noted:

On 18 July, 2014 Southern Councils Group accepted Bega Valley Council’s resignation effective at 30 June 2015 following Bega Valley Council resolution of 25 June 2014:

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.

Membership fees will be payable up until that date. The contributions were set as outlined in the SGC minutes of 7 March 2014 minutes, and $25,432 has been set aside in Council’s 2014/2015 budget.

The SCG held its 4^th Business Meeting on 17 September 2014 at NSW Parliament House in Sydney.

The next meeting of SCG will be held on Friday 14 November 2014 hosted by Wingecarribee Shire Council.

Minutes of those meetings will be presented when adopted by Southern Councils Group.

ATTACHMENTS

1. Southern Councils Group minutes 7 March 2014

2. Southern Councils Group minutes 29 May 2014

3. Southern Councils Group minutes 18 July 2014

Recommendation

That Council note the resolutions of the Southern Councils Group Board Meeting held on 7 March, 2014, 29 May 2014 and 18 July 2014.

Council 1 October 2014 Item 12.7

12.7. Internal Audit Committee - the year in review 2013-2014

Information is provided to Council about the activities of the Internal Audit Committee during the 2013/2014 financial year.

Executive Manager Organisational Development and Governance

Executive Summary

The purpose of this Internal Audit Annual Report is to summarise the Internal Audit Committee related activity over the period 01 July 2013 to 30 June 2014. Specifically, the Internal Audit Annual Report summarises:

1. The function of the Internal Audit Committee;

2. Internal Audit activities during the financial year 2013/2014; and

3. Audit planning – based upon a 4-year horizon.

1. Function of the Internal Audit Committee

The Internal Audit Committee meets quarterly, and reports annually to Council. The existing Internal Audit Committee Charter is currently under review for consideration and adoption by Council in November 2014.

Members of the Internal Audit Committee during 2013/2014 were:

• Chair – Mr. Geoff Steel, Independent Member *

• Committee member – Mr. Terry Bunn, Independent Member

• Committee member – Councillor Ann Mawhinney

In August 2014, Mr Steel completed 5 years as an Independent Member of the Committee.

Consistent with the Office of Local Government Guidelines, an ‘expression of interest process’ will be undertaken for the Independent Member positions (2) during November 2014.

Additionally, as per the Audit Committee’s Charter, the ‘non-voting attendees’ to Internal Audit Committee meetings were: the General Manager, Executive Manager Organisational Development and Governance Unit, Group Manager Strategy and Business Services Group and the Internal Audit Coordinator.

2. Internal Audit Activities

In 2013/2014, the Committee has reviewed and noted a number of completed audits in its role to support Council’s management and good governance practices. Due to the Internal Audit Coordinator taking unforeseen extended leave, the Annual Plan was revised to take into account this resourcing issue, and only those 'core' or high priority/risk audits were selected to be undertaken. Table 1 below lists the completed Audits.

Table 1—Completed Audits

#	Audit Title
1	Enterprise Risk Management
2	Project Management
3	IT Security – phase 1 Disaster Recovery Plan application
4	Enforcement Officers authority and corruption risks
5	Governance: Policy and administration compliance
6	Conflict of Interest
7	Investments
8	Project Management

The completed Audits outline 30 recommendations for improvement, of which 10% of these were considered a 'high' priority for implementation, and a further 37% were considered a 'moderate’ priority.

Generally, the Audits found:

• Overall, Council is compliant with legislation and policy, although there were some specific opportunities for improvement identified;

• There is a need to continue strengthening effective internal controls as well as systems and processes generally; and

• There is a need for more consistent and effective documentation of procedures and processes.

3. Audit Planning

The below listed documents have been scheduled, based upon a 4-year horizon, to be reviewed and adopted:

• Strategic Internal Audit Plan – a 3-year document that provides visibility for how the Internal Audit Coordinator proposes to undertake their work. The Strategic Internal Audit Plan is reviewed annually, and is therefore in effect a 'rolling' 3-year document.

• Annual Audit Plan – twelve-monthly document that provides a detailed breakdown of the current audit schedule.

ATTACHMENTS

Nil

Recommendation

That Council notes the progress of the Internal Audit Committee during 2013-2014.

Council 1 October 2014 Item 12.8

12.8. Referral of 2014 Financial Statements to Audit

In accordance with Section 413 of the Local Government Act 1993 Council must “refer to audit” the financial reports for the financial year ending 30 June 2014.

Group Manager Strategy and Business Services

Background

Section 413 of the Local Government Act 1993 (the Act) advises Council must refer its financial reports to audit prior to them being audited.

Council’s audit of financial reports for the financial year ending 30 June 2014 will commence on 13 October, 2014.

Section 413 of the Act advises Council must make a statement in the approved form as to its opinion on the preparation of the general purpose financial report (and by extension the special purpose financial report).

The following recommendation also provides the necessary authority for the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to complete the general purpose and special purpose financial reports after audit.

ISSUES

Financial

The financial reports represent a summary of the financial result of Council operations for 2013/2014.

The recommendations in this report do not represent the Councils’ approval of the 2014 financial reports.

Financial reports are prepared for and audited by independent entities. The Council does not approve the annual financial reports. This report is solely to meet the requirements under the Act and to meet directions issued by the Office of Local Government.

After Council has finalised its audited financial statements, Councillors will be provided with a workshop to discuss the final results in detail. There will also be a public address from both the Responsible Accounting Officer (Chief Financial Officer) and the Auditor in November 2014.

Conclusion

Adoption of the recommendation will ensure Council complies with end of financial year reporting requirements of the Act.

ATTACHMENTS

Nil

Recommendation

1. That Council resolve that:

a) The Council’s general purpose financial report is prepared in accordance with:

b) The Local Government Act 1993 (as amended) and the Regulations made there under; and

c) The Australian Accounting Standards and professional pronouncements; and

d) The Local Government Code of Accounting Practice and Financial Reporting; and

e) Presenting fairly the Council’s operating result and financial position for the year; and

f) According with Council’s accounting and other records.

2. The Council’s Special Purpose Financial Reports are prepared in accordance with:

a) NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b) Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c) The Local Government Code of Accounting Practice and Financial Reporting; and

d) The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e) Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f) According with Council’s accounting and other records.

3. That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4. That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5. That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

Council 1 October 2014 Item 18.1

18.1. Cr Fitzpatrick - Equestrian Centre: establishment of committee to prepare a business plan

Cr Fitzpatrick asked a question at the Council Meeting on 20 August 2014 regarding the establishment of a Committee to prepare a business plan for an equestrian centre in the Bega Valley Shire.

Group Manager Transport and Utilities

Item 19.1 Equestrian Centre - establishment of Committee to prepare Business Plan

On 20 August 2014 Cr Russell Fitzpatrick asked could Bega Valley Shire Council receive a report regarding forming a committee to prepare a Business Plan for the establishment of an equestrian centre at Sapphire Coast Racing Complex at Kalaru or elsewhere in the Shire.

Such a committee to have representatives from the Sapphire Coast Turf Club, pony clubs and show jumping organisations and that Council contact these groups to request nomination of representatives.

Council work with and provide assistance to the committee in formulating a business plan and seek funding opportunities available for the establishment of an equestrian centre within the Bega Valley Shire.

The question was taken on notice by the Acting General Manager who has provided the following response to Councillors via memorandum:

I am mindful of the recent debate regarding the CLEP and related zoning issues associated with the Sapphire Coast Turf Club. However, I am not aware of any industry, or substantive community based, needs analysis, demand assessment or local aspiration presented to Council for an equestrian facility. That is not to say such a facility would not be welcomed by the industry or that it would not bring social and economic benefits to the Bega Valley, just that there has not been any community based or industry based initiatives for a local Equestrian Centre.

As Councillors would aware, there are a number of equestrian clubs in the Bega Valley community and these include:

· Bega District Jockey Club;

· Far South Coast Show Jumping Club, Cobargo;

· Bega Pony Club, Bega;

· Far South Coast Dressage Association, Pambula;

· Bega Show Jumping Club, Bega;

· Pambula Pony Club, Pambula;

· Cobargo & District Pony Club, Cobargo;

· Wolumla & District Pony Club, Wolumla;

· Eden Pony Club, Eden;

· Also a number of horses showing clubs.

While a Council Community Committee may have merit, it is difficult to instigate without first having a clear equestrian community based initiative. Without a clear community base or agreed collective view it will be difficult if not premature of Council to form a Committee Such a committee would run the risk of not having the broad based support of the equestrian community.

It should be noted there would be significant resources, cost and time needed for investigation and analysis required to formulate a comprehensive, feasible proposal.

ATTACHMENTS

Nil

Council 1 October 2014 Item 18.3

18.3. Cr Fitzpatrick - Mobile Homes - restriction to construction onsite

Cr Fitzpatrick asked at the Council Meeting of 20 August 2014, about possible changes to Bega Valley Shire Council policies regarding construction of mobile homes on site.

Group Manager Planning and Environment

19.4 Mobile Homes - restriction to construction onsite

Cr Russell Fitzpatrick asked about possible changes to Bega Valley Shire Council policies regarding construction of mobile homes on site.

Cr Fitzpatrick advised under current State Government Legislation the construction of mobile homes on caravan park grounds is not permitted and such must be constructed off site and transported to the site. Cr Fitzpatrick advised he understood this policy carried through to Bega Valley Shire Council’s policy.

Cr Fitzpatrick noted that this has seen local builders in the Bega Valley Shire and caravan park owners not proceed with works as transport costs, along with building costs made proposals not commercially viable.

Cr Fitzpatrick asked could the only requirement be that the actual building meets the definition of a mobile/transportable home. Cr Fitzpatrick requested that Bega Valley Shire Council provide options to change its policy to allow construction of mobile/transportable homes on site or if required lobby the NSW State Government to change is policy accordingly.

The question was taken on notice by the Group Manager Planning and Environment who has provided the following response to Councillors via memorandum:

Council has no specific policy in regard to this matter. The appropriate clauses that restrict the construction of moveable dwellings and manufactured homes are contained within State Legislation.

The Department of Planning advises it has not received representations from other councils relating to requests to varying the State policy. The underlying principle of the requirement from a legislative point of view is that transportation of moveable structures to a site allows for minimal disruption to park occupiers in order to maintain the general amenity of a quiet and controlled location.

It is considered highly unlikely there would be any success in an approach to the State Government to amend the policy to allow this type of construction within Caravan Parks and Manufactured Home Estates.

However, if an applicant wished to pursue the construction within a particular park, they could lodge an objection to the specific requirements of the legislation and justify a departure from the policy with supporting documentation. Council staff would be required to consider such an objection on merit, on a site specific basis, and make a recommendation for the State Planning Minister’s concurrence.

The primary issues if such an application was to be made would be to respect the rights of current occupants. Staff would be unlikely to support an objection if such a proposal was to permit construction in close proximity to existing occupied sites within a park, but may be in a position to support an objection if there was a location within a park that would cause minimum impact on the amenity of park patrons.

I recommend that if a park proprietor and/or builder wish to undertake on-site construction of such structures that they instigate discussion with Jeff Tipping, Manager of Environmental Health and Building Services. He would be best placed to consider these matters and suggest the appropriate way forward if that were possible in the particular instance.

ATTACHMENTS

Nil

Council	1 October 2014
*Item 9.1 - Attachment 1*	*Pambula Squash Courts Proposal - Sept 2014*

Council	1 October 2014
*Item 10.2 - Attachment 1*	*Report to Council 07.05.2014 ~ Finalisation of the acquisition of the historically proposed Merimbula Cultural Centre site*

Council	1 October 2014
*Item 10.2 - Attachment 2*	*Report to Council 03.07.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre*

Council	1 October 2014
*Item 10.2 - Attachment 3*	*Report to Council 21.11.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acqusition (Just Terms Compensation) Act*

Council	1 October 2014
*Item 10.2 - Attachment 4*	*Letter requesting waiver of compensation and statutory interest*

Council	1 October 2014
*Item 10.2 - Attachment 5*	*Letter of response from The Hon Kevin Humphries MP*

Council	1 October 2014
*Item 10.2 - Attachment 6*	*Site Map*

Council	1 October 2014
*Item 11.1 - Attachment 2*	*201.10.01 council confidential memo Bega Depot Amenities Building plans*

Council	1 October 2014
*Item 12.4 - Attachment 1*	*Gift Register September 2013 to September 2014*

Council	1 October 2014
*Item 12.6 - Attachment 1*	*Southern Councils Group minutes 7 March 2014*

Council	1 October 2014
*Item 12.6 - Attachment 2*	*Southern Councils Group minutes 29 May 2014*

Council	1 October 2014
*Item 12.6 - Attachment 3*	*Southern Councils Group minutes 18 July 2014*