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Ordinary Meeting Notice and Agenda An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 3 December 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda. 27 November 2014
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The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for his presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Council, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· 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?
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, Office 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.
· 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.
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.
Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
TO: The
General Manager
Bega Valley Shire Council
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 Office 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___
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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Print Name |
Councillor |
* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.
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Council |
3 December 2014 |
I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.
Recommendation
That the Minutes of the Ordinary Meeting held on 12 November 2014 and the Extraordinary Meeting held on 26 November 2014 as circulated, be taken as read and confirmed.
Recommendation
That the leave of absence from 2 December 2014 to 12 December 2014 requested by Cr Mawhinney be accepted.
That the leave of absence from 1 December 2014 to 31 January 2015 requested by Cr McBain be accepted.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Ftizpatrick.
8.1 Finalisation of Planning Proposal: South Bega Industrial - Part Lot 2432 DP 793758..................................................................................................................... 9
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
10.1 Development opportunities for Merimbula CBD.............................................. 18
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
11.1 Bega Valley Local Traffic Committee Meeting - 5 November 2014................ 24
11.2 Cobargo Showground Trust - Connection To Pressure Sewerage .................. 27
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Visitor Information Centres - occupation of buildings..................................... 40
12.2 Applications
for Financial Assistance: Section 356
Second Quarter 2014/2015................................................................................ 44
12.3 Classification of land recently acquired by Council.......................................... 47
12.4 Renewal of Lease: Parker Street, Bega.............................................................. 49
12.5 Merimbula Airport Leases................................................................................. 52 .
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes
Nil Reports.
That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.
15.1 Asbestos Management Policy............................................................................. 59
17.1 Portrait of the Queen........................................................................................... 61
17.2 Women's Advisory Reference Committee......................................................... 62
19.1 Response to Councillor Hughes - Questions On Notice - Extended container deposit legislation. .............................................................................................. 64
Council |
3 December 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
8.1 Finalisation of Planning Proposal: South Bega Industrial - Part Lot 2432 DP 793758..................................................................................................... 9
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Council 3 December 2014 |
Item 8.1 |
The purpose of the report is to detail the outcomes of the public exhibition and to finalise the Planning Proposal for South Bega Industrial Land affecting part of Lot 2432 DP 793758.
Group Manager Planning and Environment
The Planning Proposal that is the subject of this report addresses a minor mapping error affecting Lot 2432 DP 793758 that occurred when Bega Valley Local Environmental Plan (BVLEP) 2013 was gazetted.
Lot 2432 DP 793758 is located south of Bega between Kerrisons Lane and the Princes Highway. Figure 1 contains an aerial photograph of Lot 2432 DP 793758 (outlined in blue) and the surrounding area. The part of Lot 2432 DP 793758 that was mapped incorrectly in BVLEP 2013 is outlined in red and marked “SUBJECT LAND” on Figure 1.
In Draft BVLEP 2010, Lot 2432 DP 793758 was proposed to be zoned a combination of IN1 General Industrial, R5 Large Lot Residential and E2 Environmental Conservation (See Figure 2).
Council at its meeting of 12 June 2012 gave consideration to a report on the adoption of Draft BVLEP 2010. With regard to Lot 2432 DP 793758, Council resolved to adopt the drafted zones but to amend the minimum lot size for that part of the land to be zoned R5.
Accordingly that part of Lot 2432 to be zoned R5, but with an amended minimum lot size, was placed in Appendix 2 pending the preparation of a planning proposal to amend the exhibited minimum lot size.
Council resolved to amend the minimum lot size from 5,000m2 to 3,000m2 to reflect the subdivision layout approved under Development Consent No. 2010.379 issued for a 63 lot rural residential subdivision that affected that part of Lot 2432 to be zoned R5.
Unfortunately part of Lot 2432 to be zoned IN1 (see Figure 2) was identified as a deferred matter along with the adjoining R5 land (see Figure 3).
A Planning Proposal was prepared by Council staff to rectify this error and apply the IN1 General Industrial Zone to the subject land. In accordance with Council’s strategy for applying controls to industrial zoned land in the Shire, the Planning Proposal also included amending the Height of Buildings Map for the subject land to 14 metres.
That part of Lot 2432 DP 793758 that was identified in Appendix 2 and was correctly deferred from BVLEP 2013 has been included with several other properties in a separate Planning Proposal which was lodged with the Department of Planning and Environment’s Gateway Panel in September 2014.
Council received a Gateway Determination for the Planning Proposal and delegation to make the plan under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Infrastructure on 27 August 2014. In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 14 days from 10 October until 24 October 2014. One public submission was received.
The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to adjoining landowners.
The Gateway Determination did not require any consultation with public authorities and no Government agencies were notified of the planning proposal.
A copy of the public submission will be tabled at the Council meeting. The following section details the issues raised in the submission.
The submission received during the exhibition of the planning proposal was on behalf of the owner of the subject land. The submission requested an amendment to the boundary of the proposed IN1 zone to reflect the final lot and road layout approved by Development Application 2010.0379.
The plan in Attachment 1 to this report contains the revised boundary for the IN1 zone in the context of the adjacent public reserve and a proposed industrial subdivision design for the land.
The submission states that the boundaries for the proposed IN1 zone have been revised because:
“1. The proposed road design has been completed and the road has been positioned to take account of site specific topography and to avoid disturbing as many trees as practically possible.
“2. There have been amendments to the number and layout of the proposed lots within DA 2010.0379 since Council first prepared their zoning plan. The amendments to the lot layout have come about due to ongoing site investigations and consultation with Southern Rivers CMA and council.”
The submission also states: “there is little reason to think that the revised zone boundaries will have any negative impact compared to the original proposed zone boundaries. The site of the zone and the approximate area are the same as originally intended.”
Council staff agree that the proposed realignment of the zone boundary will not significantly alter the area to be zoned IN1 detailed in the planning proposal (see Figure 4) and that the amended zone boundary will have comparable environmental and land use impacts to the exhibited boundary.
The owner of the land has lodged a seven lot industrial subdivision on the subject land with lot sizes ranging from 2,385 to 4,669sqm (shown in Attachment 1 to this report). This proposed subdivision conforms to the adjoining rural residential lot layout in DA 2010.0379 which was approved following extensive consultation with Council and Southern Rivers Catchment Management Authority to protect existing vegetation on site.
Public consultation regarding the Planning Proposal has been completed. The issue raised in the submission received related to amending the exhibited IN1 General Industrial zone boundary. It is recommended Council support the proposed change to the IN1 General Industrial Zone boundary. The realignment of the zone boundary is considered minor and would not require re-exhibition of the Planning Proposal and as such Council can proceed to finalise the plan in accordance with the delegations issued by the Minister for Planning and Environment.
1. Submission showing proposed industrial subdivision design
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Council |
3 December 2014 |
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Item 8.1 - Attachment 1 |
Submission showing proposed industrial subdivision design |
Council |
3 December 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr McBain.
10.1 Development opportunities for Merimbula CBD..................................... 18
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Council 3 December 2014 |
Item 10.1 |
10.1. Development opportunities for Merimbula CBD
Proposing an opportunity to present key Council-owned land within the Merimbula CBD to the market for development.
Group Manager Strategy and Business Services
Background
Council has a number of key sites within the Merimbula town centre which have previously been identified for consideration for future redevelopment in accordance with the Comprehensive Local Environment Plan (CLEP), Land Investment Strategy (LIS), and Merimbula DCP and in particular its vision, objectives and principles. These sites are:-
· Main Street (formerly library, meeting rooms and Council office space)
· Alice Street (car park to the rear of the RSL)
· Park Street/Palmer Lane (public car park behind shopping precinct)
· Market Street (former Mobil site)
· Cabarita Place (car park behind current library)
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Property Description |
Physical address/Lot and DP |
Area (in sq.m) |
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Main Street |
946/604076; 949/810986 |
4,917 |
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Alice Street |
2/1090625 |
3,326 |
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Park Street/Palmer Lane |
5/252400; 7/252400 |
6,421 |
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Market Street |
12/567260; A/201599; 1/163768; 2/91361 |
1,511 |
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Cabarita Place |
9/285146 |
1,081 |
Main Street
Alice Street
Market Street
Park Street/Palmer Lane
Cabarita Place
The adoption of the Merimbula Traffic Strategy in 2009 earmarked sites for retention, sale or development to improve traffic and car parking in the CBD. The Strategy informed the decisions regarding the Mobil site acquisition and Main Street service road VPA.
Since 2009/10, Councillors have considered options to sell, lease or develop the Main Street, Alice Street, Park Street/Palmer Lane, Market Street and Cabarita Place sites at workshops, considered an economic feasibility report, independent valuations, legal advice and development scenarios, and inspected each of the sites.
Discussions had been held with property owners adjacent to the Park Street/Palmer Lane car park during that period, progressing to precinct concept plans for retail, commercial, tourism and parking uses to potentially inform the CLEP/DCP review and stimulate the proposed CBD bypass and decking of the car park.
The potential sale, lease or development of the Main Street site has been discussed following the relocation of the Merimbula Library and negotiations to construct a service road at the rear of the property, under an as yet unsigned planning agreement (VPA) between Council, Merimbula Imlay Bowling Club (MIBC) and Merimbula Nominees (MN) since Council’s decision at its meeting on 18 October 2011.
At its meeting in March 2010, having considered valuations and feasibilities, Council authorised the General Manager to prepare documentation for EOI to offer the Main Street, Park Street/Palmer Lane and the Market Street properties to the market; and commission the preparation of a financial model for the construction of the road and car parking proposed in the traffic strategy, as well as complementary public domain improvements, and used to inform the development contribution plans. Unfortunately that EOI process was deferred pending adoption of the LEP (June 2012), which triggered improved heights and densities.
Following adoption of the CLEP on 2 August 2013 Council is now in a position to, over the coming years, prepare a development packs to offer these properties to the market for future development.
In stage one it would be proposed that the Cabarita Place and Park Street/Palmer Lane parcels is put forward.
A development pack will be prepared for each of the two sites and will utilise internal and external expertise in the areas of planning, engineering, property, and business growth to ensure that all potential development opportunities are highlighted and the community requirements such as parking and development style are covered.
Once submissions have been received, an assessment report will be prepared on each submission for Council to consider. We propose to use industry experts to assist Council in considering each submission to ensure the best overall outcome.
Asset
All five sites are Council owned Operational Land capable of development/lease or sale.
As previously mentioned Council staff recommend deferring the EOI process on the Alice St and Market St sites. There are still discussions underway with Club Sapphire and Merimbula Nominees in relation to the VPA around the Market St site and key parking requirements may arise when outcomes from the SPIIRE town centre design is finally adopted. The Alice Street site will be key in these discussions. Once Council has a better understanding of the outcome of both these projects the EOI process can be reinitiated for these two blocks.
Consultation
Consultation was previously undertaken with members of the community and the Merimbula Chamber of Commerce; however it is recommended that a two month Exhibition period be applied to give potential developers time to consider their design options and provide Council with comprehensive submissions.
Once submissions have closed, a panel of internal and external experts will be formed to assess each submission which will be reported to Council. The membership of this panel will consist of internal professional staff as well as external development/planning experts. Council will resolve on the final composition of the panel.
The development packs will consist of all relevant information relating to development of the sites. Options for development will include Disposal of Land, Partnership Developments, and Community Developments.
Financial
Costs associated with development including fees for conveyancing, legal, valuations and consultants will need to be considered by Council.
Conclusion
Council approval is sought to allow preparation of documentation for an EOI process to offer the Park Street/Palmer Lane and Cabarita Place properties to the market. It is anticipated that all submissions received be assessed at the end of the 2 month exhibition period, the preferred applicants chosen and construction to commence within 2 years.
A further report will be brought before Council in February outlining Councils expectations for development on these sites as well as the development packs and their relative contents, and with recommendations for the membership of the submission assessment panel.
Attachments
Nil
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1. That Council authorise the General Manager to prepare development packs for the Park Street/Palmer Lane, and Cabarita Place properties. 2. That a further report be brought before Council presenting the contents of the development packs, and recommending the assessment panel membership. |
Council |
3 December 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
11.1 Bega Valley Local Traffic Committee Meeting - 5 November 2014......... 24
11.2 Cobargo Showground Trust - Connection To Pressure Sewerage .......... 27
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Council 3 December 2014 |
Item 11.1 |
11.1. Bega Valley Local Traffic Committee Meeting - 5 November 2014
This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee meeting held 5 November 2014.
Group Manager Transport and Utilities
Background
The Bega Valley Local Traffic Committee held a meeting on 5 November 2014, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.
Attachments
Nil
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That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 1 October 2014 and approve the following: Temporary Closure of Imlay Street, Eden - Eden Retail Promotion 18 December 2014 1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9pm on Thursday, 18 December 2014 for the Eden Christmas Promotion. 2. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce Retail Promotion on Thursday, 18 December 2014, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services(RMS) Traffic Control Manual. 3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 4. That organisers fully implement an approved Special Event Transport Management Plan. 5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 6. That organisers have written Police approval prior to conducting the event. 7. That the event achieves all conditions of Council’s issued Land Use approval. Far South Coast National Show, Bega – 20, 21, 22 February 2015 1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9pm on Thursday, 18 December 2014 for the Eden Christmas Promotion. 2. That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound /southbound from 9am to 5pm on 20, 21 and 22 February 2015 for the Far South Coast National Show. 3. That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual. 4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 5. That organisers fully implement an approved Special Event Transport Management Plan. 6. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 7. That organisers have written Police approval prior to conducting the event. Zingel Place, Bega – Cul-de-sac give way That Council supports the installation of line marking (TB give way lines) on both car park entries to the cul-de-sac in Zingel Place, Bega i.e. the underground car park on the southern side of the cul-de-sac and the car park on the northern side, adjacent to Sapphire Market Place. Tathra Wharf to Waves Bike Ride – 17 January 2015 1. That, subject to conditions, the on-road components of the Tathra Wharf to Wave Bike Ride on Saturday, 17 January 2015 be approved. 2. That the proposed traffic arrangements for the Wharf to Wave Bike Ride on Saturday, 17 January 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual. 3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 4. That organisers fully implement an approved Special Event Transport Management Plan. 5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 6. That prior to conducting the event, organisers have written approval from NSW Police, National Parks and Wildlife Service and Forests NSW. 7. That the organisers advertise the change to traffic conditions for the event. 8. That local emergency services and transport operators be notified prior to the event. |
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Council 3 December 2014 |
Item 11.2 |
11.2. Cobargo Showground Trust - Connection To Pressure Sewerage
Cobargo Showground Trust has requested that Council consider allowing connection of the Showground site to the reticulated pressure sewage system and that Section 64 and Connection charges be waived. This report provides information relevant to consideration of the matter.
Group Manager Transport and Utilities
Background
The Cobargo Showground site is managed by Cobargo Showground Trust. The Trust is a Corporation under Section 92 of the Crown Lands Act 1989. The site is utilised by many community groups including Cobargo AP&H Society (Show Society), Yuin Folk Club, Cobargo and District Pony Club, Zone 14 Pony Clubs, Cobargo Scout Group, Cobargo Horse and Trail Riders, South Coast Quilters, Bega Show jumping Club, Far South Coast Dressage Association and Scripture Union.
Over the last 12 months the Trust has met with Council Officers to discuss the possibility of connection to the reticulated pressure sewer system. The Trust is keen for connection to sewer due to the utilisation of the Showground and its adverse impact on operation of the existing onsite sewage treatment system (septic) and associated impact on nearby Narira Creek. Included as an attachment to this report is a letter from the Trust outlining their plans for the site, inclusive of a request that an exemption be granted for payment of Council fees and charges (S64 and connection charges).
An additional matter for note is that Cobargo sewage treatment plant (STP), rising main and effluent reuse systems are located on the showground. Treated effluent from the STP is currently beneficially reused on the Showground.
Issues
Legal
Cobargo Showground Trust has care and control of the site in accordance with their status as a Corporation under Section 92 of the Crown Lands Act 1989.
Policy
The Trust has requested that Section 64 and connection charges be waived. Procedure 4.07.5 - Water Supply and Sewerage Section 64 Charges is relevant to consideration of the Section 64 matter. A copy of the Procedure is attached and allows for exemption if community infrastructure or facilities is proposed to be constructed on community land or Crown land.
Environmental
The existing on-site sewage management (OSSM) arrangements are not environmentally sustainable. OSSM systems are not suitable for shock loadings generated by sporadic use of the Showground site. The close proximity of Narira Creek makes the current arrangement problematic. Connection of the Showground will result in sewage being treated to a tertiary standard and then beneficially reused on site.
Sustainability
See Environmental above.
Asset
Connection of the Showground will require installation of a simple boundary kit and eOne style pump both of which remain Council assets. The expected cost for the pump and boundary kit will be in the order of $10K.
All upgrades and other works located upstream of the eOne style pump will be funded, owned and operated by the Showground Trust. The flow rate of sewage to the eOne style pump will need to be limited to prevent adverse impact on the STP.
No additional sewer main or STP upgrades are needed to accommodate the Showground connection.
Social / Cultural
The sewer connection will indirectly support the social and cultural events that take place on the Showground.
Economic
The connection to reticulated sewer will indirectly support positive economic outcomes in Cobargo.
Strategic
The site is currently located outside the Sewer Development Servicing Plan boundary. Connection of the Showground has neither adverse strategic implications nor asset implications as detailed above.
Consultation
Extensive meetings have been held with representatives of the Showground Trust, Yuin Folk Club and other stakeholders.
Financial
The cost to Council for connection will be in the order of $10K (pump and boundary kit).
The Showground Trust has requested an exemption for payment of Section 64 charges in accordance with Procedure 4.07.5 - Water Supply and Sewerage Section 64 Charges. If Council were to levy S64 charges then they would be based on a calculated amount of 2.4 ET ($26,400 14/15 FY).
Resources (including staff)
A small amount of staff resources have been devoted to this matter to date. If connection is to proceed then the direct cost to Council for connection will be in the order of $10K (pump and boundary kit).
Operational Plan
Nil Operational Plan implications
Conclusion
The Cobargo Showground site is managed by Cobargo Showground Trust. The Trust is a Corporation under Section 92 of the Crown Lands Act 1989.
The site is utilised by many community groups including Cobargo AP&H Society (Show Society), Yuin Folk Club, Cobargo and District Pony Club, Zone 14 Pony Clubs, Cobargo Scout Group, Cobargo Horse and Trail Riders, South Coast Quilters, Bega Show jumping Club, Far South Coast Dressage Association and Scripture Union.
Over the last 12 months the Trust has met with Council Officers to discuss the possibility of connection to the reticulated pressure sewer system. In conclusion, a connection to the Council pressure sewerage system is able to be established at little direct cost to Council.
Attachments
1. 4.07.5 water supply and sewerage section 64 charges - currently under review
2. cobargo showground trust submission to connect cobargo showground to the sewage treatment plant
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1. That a connection to sewer outside of the current sewer DSP boundary is permitted and that future Sewer DSP boundaries are revised to include the Showground land. 2. That Section 64 contributions for sewer be waived in accordance with the exemption provisions of Procedure 4.07.5. 3. That the boundary kit and eOne style pump be provided at nil cost to the Showground Trust. 4. That all annual and other charges be levied in accordance with Council Fees and Charges. |
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Council |
3 December 2014 |
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Item 11.2 - Attachment 1 |
4.07.5 water supply and sewerage section 64 charges - currently under review |
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3 December 2014 |
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Item 11.2 - Attachment 2 |
cobargo showground trust submission to connect cobargo showground to the sewage treatment plant |
Council |
3 December 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Visitor Information Centres - occupation of buildings............................ 40
12.2 Applications
for Financial Assistance: Section 356
Second Quarter 2014/2015....................................................................... 44
12.3 Classification of land recently acquired by Council................................. 47
12.4 Renewal of Lease: Parker Street, Bega..................................................... 49
12.5 Merimbula Airport Leases......................................................................... 52
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Council 3 December 2014 |
Item 12.1 |
12.1. Visitor Information Centres - occupation of buildings
The licence agreements for the occupation of the three Visitor Information Centres throughout the Shire have expired recently and are due for renewal.
Group Manager Strategy and Business Services
Background
Council resolved on 18 May 2010 to enter into three year licence agreements for the occupation of Council owned or managed buildings for the purpose of operating Visitor Information Centres with the following organisations:-
· Bermagui Area Chamber of Commerce & Tourism
· Eden Chamber of Commerce & Tourism
· Sapphire Coast Tourism Limited
The length of tenure being offered was to coincide with the duration of the funding agreement between Bega Valley Shire Council and Sapphire Coast Tourism, which ended on 30 June 2014.
In October 2012, operation of the Merimbula Visitor Information Centre (VIC) was taken over by Merimbula Tourism Incorporated and with the approval of Crown Lands, a sub-licence was entered into between Sapphire Coast Tourism and Merimbula Tourism Incorporated for the remainder of the licence term.
Sapphire Coast Tourism have confirmed that they no longer wish to be the head licensee of the Merimbula VIC building and with the concurrence of Crown Lands, Merimbula Tourism Incorporated should be offered a direct licence for any further period of tenure being offered.
Issues
Legal
The Bermagui and Eden Visitor Information Centres are Council owned buildings, with the Bermagui Centre located on a Crown Reserve and neither require the consent of Crown Lands, however the Merimbula VIC building is located within Reserve 97406, which is managed by the Merimbula Beach (R97406) Reserve Trust, the affairs of which are managed by the Bega Valley Shire Council. Approval to enter into a further licence for this site therefore also needs the consent of the Minister for Crown Lands.
The in principle support of Crown Lands was sought to enter into another three year licence agreement with Merimbula Tourism Incorporated, however the advice received was that in order to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the current operator was appropriate in this instance.
For the following reasons, a public tender process would not be considered beneficial:-
· In order to operate the VIC, the Licensee needs to have a level of accreditation to operate as an information centre. With the winding up of Merimbula and Sapphire Coast Promotions (M&SCP) there are now no other not-for-profit organisations within the Merimbula area, who have the accreditation required;
· Merimbula Tourism Incorporated was formed and supported by a number of groups to establish one sustainable not-for-profit group to represent the tourism industry;
· The Merimbula VIC building was constructed specifically for the purpose of a visitor information centre before the site even became a Crown Reserve – it was formerly located below mean high water mark and is the subject of reclaimed land added to the existing Crown Reserve in 1984;
· As the original purpose of the building was to provide a visitor information centre and it has been extremely well utilised by visitors to the region for over 30 years, a public competition process for use of the site for another purpose is not supported;
· The VIC is operated by a not-for-profit community organisation and staffed by volunteers. Its sole purpose is to provide visitor information and promote tourism within the Shire – it is not a commercial venture;
· The cost involved in carrying out a market testing/public tender process is greater than the rental achievable once a community not-for-profit rebate is applied;
· Council’s strategic direction for the period 2012-2017 supports the capacity of Visitor Information Centres to implement marketing strategies and collect and collate industry data to enable future marketing opportunities and to work with Visitor information Centres to encourage an extended ‘length of stay’ for visitors to the Shire.
Policy
Council resolved in 2010 to provide each of the three organisations with a rebate on current market rental. They are again seeking a reduction in their licence fee to the minimum annual rental as published in Council’s Fees & Charges Schedule. This fee is $500 per annum for the 2014/15 financial year.
As each of the organisations is Incorporated and not-for-profit, the rebates requested are in line with Council’s Rental Assessment & Rebate procedure.
The current Crown Lands minimum annual rental fee is $501.60, with no further reduction available. Merimbula Tourism Incorporated will be required to pay the fee as prescribed by Crown Lands.
Asset
The Bermagui VIC is located within Council’s Bermagui Community Centre building. The Bermagui Area Chamber of Commerce and Tourism are responsible for cleaning and maintaining the licensed area, with the common areas of the centre maintained by Council. Similarly, the Eden VIC is located within the Eden Gateway Centre which is also a Council owned facility, with routine maintenance and cleaning of the area licensed the responsibility of Eden Chamber of Commerce and all external and common areas of the building maintained by Council.
The Merimbula Visitor Information Centre building is a Council managed Crown asset. Council assist with structural maintenance of the asset, however the Licensee is responsible for carrying out all cleaning and routine maintenance within the building.
Social / Cultural
Apart from the VIC Manager, the Centres are staffed predominantly by volunteers who offer a wonderful service to those visiting the area by providing tourism advice, information and assistance with accommodation and tour bookings.
Financial
Market Rental Assessments were carried out by an independent valuer prior to the previous agreements being entered into. The table below shows the valuation amounts and the notional rebates requested:-
|
VIC |
Market Rental (per annum) |
Licence Fee |
Rebate |
|
Bermagui |
$16,000.00 |
$500.00 |
$15,500.00 |
|
Eden |
$20,215.00 |
$500.00 |
$19,715.00 |
|
Merimbula |
$39,600.00 |
$501.60 |
$39,098.40 |
As part of Council’s investment in tourism for the Shire, a large rebate on market rental is proposed for occupation of each of the buildings. As the organisations who manage the information centres are all not-for-profit with limited ability to raise revenue and the centres are staffed by volunteers, a minimum annual rental is favoured in this instance.
Resources (including staff)
Staff time has been required to liaise with Crown Lands regarding the proposed new agreements and prepare the necessary documentation for execution by each of the organisations.
Ongoing management of the licence agreements during their term will also require staff resources.
Conclusion
The Visitor Information Centres provide a valuable service to those visiting the Shire by promoting tourism, local attractions and places of interest. In order for them to continue to operate from their current locations, Council approval is required to execute the licence agreements providing a further three year term and the level of rebate off market rental requested.
Attachments
Nil
|
1. That Council, as Reserve Trust Manager of Merimbula Beach (R97406) Reserve resolve to enter into a three year licence agreement with Merimbula Tourism Incorporated for their continued occupation of the Merimbula Visitor Information Centre building located within Reserve 97406 at Merimbula at the minimum annual rental as prescribed by Crown Lands. 2. That Council resolve to enter into a three year licence agreement with Bermagui Area Chamber of Commerce & Tourism for their continued occupation of office space within the Bermagui Community Centre building at the minimum annual rental as published in Council’s Fees & Charges Schedule. 3. That Council resolve to enter into a three year licence agreement with Eden Chamber of Commerce & Tourism for their continued occupation of office space within the Eden Gateway Centre Building at the minimum annual rental as published in Council’s Fees & Charges Schedule. 4. That authority be given for the General Manager and/or Mayor to execute the licence agreements. 5. That in accordance with the requirements of the Crown Lands Act, Council obtains endorsement of Minister’s consent to the Merimbula VIC licence. |
|
Council 3 December 2014 |
Item 12.2 |
12.2. Applications
for Financial Assistance: Section 356
Second Quarter 2014/2015
Applications for Financial Assistance under Section 356 have been received for the second quarter of 2014/2015.
General Manager
Background
A report was provided to Council on 25 June 2014 outlining the revised procedure for handling Applications for Financial Assistance under Section 356 of the Local Government Act.
The procedure was endorsed by the Leadership Executive Group on 4 August 2014.
The procedure details that individuals and organisations can apply for assistance at any time throughout the year, however applications for the Community Partnership Fund will be reported to Council for resolution every quarter.
The applications in this report have been received from 30 August 2014 to 10 November 2014.
The applications received for this quarter are:
|
Applicant |
Request |
Amount |
|
South East Arts (NSW) Incorporated |
Cover the cost of a Museum Advisor as part of the Museum Advisors Program |
$3,500.00 |
|
TAFE NSW – Illawarra Institute |
Purchase, transport, install, decorate, dismantle and disposal of Christmas decorations and Christmas tree as part of “Christmas Wonderland” in Bega |
$2,000.00 |
In addition to the applications above, an exception was made by the General Manager to accept a late application.
Justification for the exception is that this organisation did not submit their application on time, based on advice provided by the Mayor to apply for the Southern Phone Grants Scheme (prior to the release of the guidelines or timeframes of the scheme).
When the Southern Phone Grants Scheme timeframes were released, it was determined that this would inhibit the organisation from applying.
The General Manager made an exception to accept a late application from this organisation, however the application would not have the advantage of being assessed by an internal panel of staff, and would be reported directly to Council.
The late application is as follows:
|
Applicant |
Request |
Amount |
|
Four Winds Concerts Inc |
Cost of hire of sound equipment and lighting for 2014 Bermagui Carols by Candlelight |
$3,500.00 |
Issues
Legal
The allocation of funds requested are able to be distributed in accordance with Section 356 of the Local Government Act 1993.
Policy
The administration and allocation of funds are provided in line with Councils Policy 5.15 Requests for Assistance and Councils Procedure 5.15.1 Applications for Financial Assistance – Section 356.
Strategic
By providing support to individuals and organisations to achieve outcomes for the local community, Council is working towards achieving the objectives of the adopted Community Strategic Plan.
Financial
The table below shows the opening balance of the budget item as of 1 July 2014, and details the expenditure.
|
Funding source – Governance and Executive – operating costs - donations |
Amount |
|
|
Balance as at 10/9/14 |
$ |
162,880.40 |
|
Less Resolution of Council 10/9/14 Item 10.3 Successful Applicants 1/7/14-29/8/14 |
$ |
-30,695.00 |
|
Less Already Committed Funds 30/8/14 – 10/11/14 |
$ |
-25,803.60 |
|
Less General Manager Approvals 30/8/14- 10/11/14 (<$1500.00) |
$ |
-2,157.00 |
|
Available Balance (not including current applications detailed in confidential attachment) |
$ |
104,224.80 |
The funds available to date are $104,224.80.
This amount will be reduced appropriately to reflect the resolution of Council for this agenda item.
Conclusion
Applications for Financial Assistance – Section 356 have been received for this quarter. It is appropriate for council to continue to provide financial assistance to assist and support positive community outcomes.
Attachments
1. Confidential Memorandum - Applications for Financial Assistance - Second Quarter 2014/2015 (Confidential)
2. Confidential - Late Application for Financial Assistance - Four Winds Concerts Inc (Confidential)
|
1. That Council agree with the recommendations as per the confidential attachment. 2. That Council support the following projects at the nominated level of support <insert>. 3. That all successful applicants be advised accordingly. 4. That all unsuccessful applicants be contacted and provided feedback on their application. |
|
Council 3 December 2014 |
Item 12.3 |
12.3. Classification of land recently acquired by Council
Council has recently completed the acquisition of a property located in Eden and final approval is being sought to classify the site as operational land.
Group Manager Strategy and Business Services
Background
Council approved the acquisition of 11 Chandos Street in Eden on 9 July 2014 for the purpose of improving vehicular access to an existing Council owned public carpark within the CBD at Eden.
Council were successful in their acquisition of the property, with settlement taking place on 7 October 2014. Following a public notification process in the local media, a final report to Council is required in order to classify the land as ‘operational’.
Issues
Legal
Council’s solicitor confirmed that settlement occurred on 7 October 2014, with issue of the Certificate of Title imminent.
Section 31 of the Local Government Act 1993 provides that a property must be classified within three months of acquisition by Council resolution or it automatically defaults to ‘community’ land. Section 34 of the Act further provides that a public notice of the proposed resolution must be advertised giving 28 days for receipt of public submissions.
Consultation
The public notice advertisement appeared in the local papers during the week commencing Monday, 13 October 2014, with the submission period closing on Friday, 14 November 2014. No submissions were received objecting (or otherwise) to the proposal.
Conclusion
In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the Local Government Act 1993, Council resolution is sought to classify the land recently acquired at Eden as operational land.
Attachments
Nil
|
1. That Council note that a 28 day public notification process was completed regarding the proposal to classify the parcel of land acquired at Eden, with no submissions received. 2. That Council resolve to classify Lot 2 DP 161251, known as 11 Chandos Street in Eden as operational land under Section 31 of the Local Government Act 1993. |
|
Council 3 December 2014 |
Item 12.4 |
12.4. Renewal of Lease: Parker Street, Bega
The Mumbulla School has leased the unformed section of Parker Street in Bega located between their two campuses for use as a playground for the past ten years. This report recommends renewal of the lease for a further period of five years.
Group Manager Strategy and Business Services
Background
The lease of the unformed section of Parker Street in Bega by the Mumbulla School has recently expired and Council approval is sought to renew the lease for a further term of five years.
Public notice of the proposal to enter into a further lease of the section of unformed road is required, allowing a 28 day submission period for any objections to the proposal.
Issues
Legal
Section 153 of the Roads Act 1993 provides that a roads authority may lease land comprising a public road to the owner of land adjoining the public road if it is not being used by the public as a road. The term of any such lease, together with any option to renew, must not exceed five years and may be terminated by the roads authority at any time for any reason.
If any development of the old Spenco site at the rear of the school is approved during the period of any further lease, Council (as the roads authority) may need to terminate the lease to allow access to that site.
As a condition of the lease, the lessee must provide Council with an annual Certificate of Currency for the required Public Liability Insurance to the value of not less than $20 million dollars, noting Council as an interested party.
Policy
The previous lease was based on an annual rental of $330 per annum, however Mumbulla School would now need to submit a Rental Assessment and Rebate Application as per Council Policy adopted in 2010. A rebate percentage will be determined upon assessment of that application and applied to the current market rental value of the site to be leased.
Asset
Bega Valley Shire Council is the roads authority and owner of the Council Public Road known as Parker Street in Bega.
No permanent structures are to be erected on a public road reserve leased under the Roads Act, without the consent of the roads authority. The playground equipment located on the site is considered temporary in nature and can be easily demolished or removed if required.
Social / Cultural
The playground facilities on the site are complimentary to the running of the school and the leased area connects the two campuses.
Consultation
Under Section 154 of the Roads Act 1993, public notice of the proposed lease must be published in a local newspaper and served on the owner of each parcel of land adjoining the length of the public road concerned. The notice must identify the public road and state that any person is entitled to make a submission to the roads authority within the 28 day submission period.
If any submissions are received objecting to the proposal, a further report will be prepared for Council’s consideration. If a further lease is granted, the roads authority must cause notice of that fact to be published in a local newspaper under Section 156 of the Act.
Financial
In addition to the annual lease fee payable, all costs associated with advertising the proposal are to be borne by the applicant.
Resources (including staff)
Council staff time will be required to arrange public notification of the proposed lease renewal, prepare a further report to Council detailing any objections received and to prepare the lease documentation if approved by Council.
Council staff time will also be required to manage the agreement during its term.
Conclusion
Council staff support in principle the renewal of the lease, however Council approval is being sought to publicly advertise the proposal in the local newspaper, allowing a submission period of 28 days. If no submissions are received to the proposed lease, lease documentation will be prepared for execution. If any objections are received, a further report will be presented to Council for consideration.
Attachments
1. Map of Leased Area
|
1. That Council publicly advertise the proposal to enter into a further five year lease of a section of unformed road reserve at Parker Street, Bega to the Mumbulla School, allowing a period of 28 days for any submissions to be received. 2. That if any objections are received, a further report be prepared for Council’s consideration. 3. That if no objections are received, Council approve a further five year lease to Mumbulla School of a 4,120m2 unformed section of Parker Street, Bega at a rental to be determined under Council’s Rental Assessment & Rebate Procedure. 4. That the Mayor and General Manager be authorised to execute the necessary documents. 5. That Council, as the roads authority, cause notice of the grant of any lease in the local newspaper under Section 156 of the Roads Act 1993. |
|
Council |
3 December 2014 |
|
Item 12.4 - Attachment 1 |
Map of Leased Area |
MUMBULLA SCHOOL LEASED AREA – APPROXIMATELY 4,120m2
|
Item 12.5 |
12.5. Merimbula Airport Leases
Following a lengthy consultation process with the property tenants located at the Merimbula Airport, as well as the current airport operator, Council approval is now sought to execute the lease documents on the terms contained in this report.
Group Manager Strategy and Business Services
Background
At its meeting held on 16 April 2014, Council considered various management models for the future operation of the Merimbula Airport. At that meeting, Council also resolved to negotiate a further 12 month lease with the existing operator, Airport Agencies for the 2014/15 financial year and to remove the existing sub leases from the operating lease and establish direct leasing arrangements with the existing property tenants.
Council staff have been negotiating the terms of those new leases with the property tenants since that time, with approval now sought to execute the documents on the following terms:-
Airport Operating Lease
The airport operating lease to Airport Agencies Pty Ltd will include the aviation section of the airport after security screening as well as the terminal building and its immediate surrounds. A one year lease is being offered, with the rental payable based on the same terms as the previous lease agreement.
Separate Property Leases
Lease Site LS-01
Existing demountable buildings owned by Bakersair Pty Ltd, with a new site size of 405m2 (increase of 55m2). Three year lease is being offered with a commencing rental of $3,898.12 (including GST).
Lease Site LS-02
Existing aircraft storage hangar to be leased by Mr Rex Koerbin, with a new site size of 530m2 (increase of 80m2). Three year lease is being offered with a commencing rental of $5,101.25 (including GST).
Lease Site LS-03
Existing aircraft charter service and flying school to be leased by Merimbula Air Services Pty Ltd, with a new site size of 121m2 (increase of 1m2). Three year lease is being offered with a commencing rental of $1,164.62 (including GST).
Lease Site LS-04
Existing commercial business and aircraft storage hangar to be leased by Mr Ken Devenish, with a new site size of 1,052m2 (increase of 440m2 to accommodate on-site car parking required under development consent). Three year lease is being offered with a commencing rental of $9,833.32 (including GST) based on 70.83m2 of aircraft storage and 981.17 of commercial space.
Lease Site LS-06
Existing building and compound to be leased by Aviation ID Australia, with a site size of 1,050m2. Three year lease is being offered with a commencing rental of $10,106.25 (including GST).
Lease Site LS-07
Existing aircraft storage hangar to be leased by Mr John Moffat, with a new site size of 430m2 (increase of 70m2). Three year lease is being offered with a commencing rental of $2,365.00 (including GST).
Lease Site LS-08
Existing aircraft storage hangar to be leased by Done & Bourke, Phillips, Brittliff & Rettke with a new site size of 523m2 (increase of 93m2). Three year lease being offered with a commencing rental of $2,876.50 (including GST).
Lease Site LS-09
Existing secure long term carpark to be leased to Bakersair Pty Ltd with a site size of 1,465m2. Three year lease is being offered with a commencing rental of $14,100.62 (including GST).
Lease Site LS-11
Existing commercial business to be leased to Merimbula Aircraft Maintenance Pty Ltd with a new site size of 1,026m2 (increase of 97.6m2 to accommodate on-site car parking required under development consent). Three year lease being offered with a commencing rental of $9,875.25 (including GST).
A copy of the index plan showing the location of each of the lease sites is attached for the information of Councillors.
Issues
Legal
The airport users group indicated at the commencement of negotiations that they were seeking long term security of tenure. In order to provide a length of tenure in excess of five years Council would be required to register a plan of subdivision for lease purposes that complied with both the Real Property Regulation 2014 and the Registrar General’s Directions.
During the consultation process it came to light that a subdivision would require development consent and that until such time as Council carried out substantial upgrade works to the sewer and water infrastructure at the airport, consent would not be granted. The works required are estimated to be in excess of $1.5M and therefore not able to be completed until grant funding is obtained to carry out the necessary works.
Council’s solicitor has advised that three year leases may be entered into which will not require registration on title or subdivision of the land. Longer term tenure may be offered to the tenants once funding is obtained and the infrastructure upgrade works are completed.
The airport users group also expressed concern that the property rates payable for each of the new lots once subdivided would be unachievable. With the proposed increase in both the size of the site to be leased and the annual lease fee, the addition of property rates would render their aircraft hangars and/or business ventures unfeasible. If the land is not subdivided, rates would not be triggered for the individual lease sites.
Policy
As per the resolution of Council of 16 April 2014, the terms of the proposed leases are in accordance with Council’s Management of Leases and Licenses procedure. As the leases are commercial in nature and not involving not-for-profit organisations, there are no rebates provided off the valuation amounts obtained other than a reduction to the existing tenants for the first three year lease term as detailed in the financial section of this report.
Asset
The Merimbula Airport is Council owned ‘operational’ land, which does not have the same constraints as ‘community’ land with regard to leasing.
As mentioned above, Council will be required to carry out extensive upgrade works to infrastructure to the site before any further subdivision of the land is possible.
Consultation
Several on-site meeting have been held with Council’s property staff and the individual tenants at the airport. Councillors have also been briefed at several workshops held over the past couple of months regarding the progress of the direct leasing arrangements and any amendments requested by the tenants to which agreement could not be reached on.
One of those amendments was the proposal of Council staff to include a 1m curtilage surrounding the buildings in the sites to be leased. This has been disputed by the property tenants, however Councillors indicated at a workshop session held in early October that they wished to proceed with this approach to ensure that the tenants maintained around their buildings so that the airport was presented in a tidy manner at all times.
Financial
Council obtained a current market valuation from Caddey Searl & Jarman on 20 May 2014 in order to determine the value of the land to be leased at the Merimbula airport. A copy of the valuation report has been provided to Councillors under separate cover.
It is proposed that any existing airport tenants only be required to pay a rate of $5.00 per m2 for aircraft storage and $8.75 per m2 for commercial use under the terms of the three year lease being offered.
Any new airport tenants will be required to pay a rate of $7.00 per m2 for aircraft storage and $12.25 per m2 for commercial use.
At the end of the three year lease being offered, the existing tenants would be required to pay the same rate as any new airport tenants as detailed above.
Resources (including staff)
The new airport leasing arrangements have involved extensive staff resources as well as the services of external solicitors and surveyors.
Ongoing staff resources will be required to manage each of the agreements during their term as well as negotiate and prepare new airport leases as further sites become available as per the adopted Merimbula Airport Master Plan.
Conclusion
It is proposed that the leases will be back dated to commence at the same time as the new 12 month operating lease, being 1 July 2014. As the sub-leases were to be surrendered from the previous operating lease, all new leases should commence on the same date.
Negotiation and consultation with the airport operator and property tenants has been ongoing now for over seven months. To formalise the occupation arrangements of the existing airport tenants, Council approval is now sought for the Mayor and General Manager to execute the lease documents on the terms proposed.
Attachments
1. Merimbula Airport Leases - Index Plan
|
1. That Council authorise the Mayor and General Manager to execute the necessary lease documents to formalise the tenure of property lease sites at the Merimbula Airport as detailed in the report to Council of 3 December 2014. 2. That Council also authorise the Mayor and General Manager to execute the airport operating lease to Airport Agencies for the period 1 July 2014 to 30 June 2015. |
|
Council |
3 December 2014 |
Delegates Reports
03 December 2014
15.1 Asbestos Management Policy................................................................... 59
|
Council 3 December 2014 |
Item 15.1 |
15.1. Asbestos Management Policy
Council’s Asbestos Management Policy was officially launched in Eden on 21 November 2014.
General Manager
Report from Deputy Mayor, Cr Liz Seckold
Council exhibited a draft Asbestos Management Policy in March this year. There was no comment from the consultation process and the policy was adopted by Council on 13 June 2014.
It was decided to officially launch the policy in Eden on 21 November 2014 when “Betty” the van arrived. Its wonderful volunteers Geoff and Karen had toured many areas in Victoria and were visiting NSW towns on their way back to Sydney.
As the Mayor and the General Manager were away, I was lucky to be invited.
I became aware how invaluable is this learning tool. “Betty” is sponsored by Asbestos Diseases Research Institute to alert renovators to asbestos products found in and around brick, weatherboard and fibro homes built or renovated before 1987.
Asbestos when disturbed or damaged can release dangerous dust and fibres which can be inhaled.
Geoff, Karen and Council employees Jeff Tipping, Greg O’Donnell and Glen Harper explained the dangers of renovating your home.
Information from this exhibition has prompted a question at the Council Meeting of 3 December 2014.
Attachments
Nil
|
Council |
3 December 2014 |
Notices of Motion
03 December 2014
17.1 Portrait of the Queen................................................................................ 61
17.2 Women's Advisory Reference Committee................................................ 62
|
Council 3 December 2014 |
Item 17.1 |
A framed picture of Her Majesty graces the Council Chamber
in pride of place between the Australian and New South Wales flags.
It represents a double anachronism. Monarchies are a throwback to a
pre-democratic era: a manifestation of entrenched privilege and nepotism. And
to retain as Head of State a resident of a foreign country is an ongoing
reminder of the dispossession of the original peoples and the subjugation of
the continent as a British colony.
That time is past. We should put it behind us. This is a costless reform. In
fact it could even yield revenue by auctioning off the portrait providing
monarchists the opportunity to own this piece of history.
Cr Keith Hughes
Nil
Notice of MotionThat the portrait photograph of “The Queen of Australia” be removed from the Council Chamber
|
|
Council 3 December 2014 |
Item 17.2 |
Currently only 27.22% of local government council members are women. Australia’s international ranking for women being represented in the Australian Parliament has decreased from 20th in 2001 to 48th in 2014. (LG Focus newspaper, November 2014)
This effectively means that most decisions made on women's behalf are being made by men.
This includes resource funding for maternity services, women's outreach services, crisis care, child care and other female specific services. Consequently there has been a contraction of services available for women particularly in the rural area.
It is important that local government, who have the benefit of knowing their community intimately, engage with local to women to enhance the prospect of increased representation of women in all tiers of government.
A local council run Women's advisory reference committee could engage with local women’s groups and young girls still in school to encourage their involvement in local government and women's issues.
This advisory reference committee could also advocate on behalf of women's group within the Shire.
Cr Sharon Tapscott
Nil
Notice of MotionThat Council convene a Women's Advisory Reference Committee and call for Expressions Of Interest from the local community to form part of that committee.
|
|
Council |
3 December 2014 |
Questions On Notice
03 December 2014
19.1 Response to Councillor Hughes - Questions On Notice - Extended container deposit legislation. .................................................................. 64
|
Council 3 December 2014 |
Item 19.1 |
19.1. Response to Councillor Hughes - Questions On Notice - Extended container deposit legislation.
Response to Cr Keith Hughes question on notice, how can Council assist with the dealing of recyclable waste?
Group Manager Transport and Utilities
Extended Producer Responsibility Schemes
Local Government has traditionally managed post-consumer waste and recovers the cost through fees and charges. As waste has no intrinsic value to consumers, they tend to select the cheapest and easiest alternative for disposal.
Extended Producer Responsibility (EPR) is sometimes called product stewardship. The two concepts are slightly different but essentially, producers of consumer goods are required to take greater responsibility for managing the environmental impact of their products throughout their entire lifecycle. Product stewardship has greater emphasis on the responsibilities of “everyone” involved in the product lifecycle, not just producers. Both concepts will be referred to as EPR here.
EPR is fundamentally about recovering the cost of recycling further up the material supply chain, usually at the point of sale. Embedding the cost of post- consumer resource management in the retail price of a product serves a number of purposes including:
• Providing a funding source to establish resource recovery facilities to effectively close the product lifecycle loop;
• Placing a residual value on materials when they are no longer wanted by consumers;
• Eliminating the need for the consumers to select disposal method based on cost considerations;
• Providing an incentive to manufacturers to reduce waste as it forms part of consumers retail decision in the form of product price;
• Providing additional economic opportunities in logistics, material processing, manufacturing and/or export;
• Consumer (user) pays rather than socialisation of waste management cost.
• Fostering corporate responsibility.
From a waste management perspective EPR has merit in principle, however EPR schemes have generally been slow to gain traction in Australia. Some of the reasons for this are:
• Relatively low cost of landfill and abundance of land.
• Low population density, relatively small scale and large distances.
• Lack of significant domestic markets (e.g. manufacturing sector) for recyclate.
• Wavering levels of community concern and political leadership.
• Corporate vested interest.
It is beyond our capacity as an individual Council to influence the establishment of EPR schemes. However jointly, Local government can exert influence via LGNSW and other organisations to encourage support for such schemes.
Locally Council should support bona fide EPR schemes and look toward facilitating local opportunities to add value to such processes. Because transport is such a large component of waste management cost in regional Australia, opportunities should be explored to maximise the value of transportation whilst providing economic opportunities to local enterprise. For example, it would be possible to pre-process e-waste to ensure transport of high value materials such as copper, silver and gold only. It is not effective to transport low value e-waste materials such as cathode ray tube (CRT) glass, chipboard, and plastic long distances.
Of course this would require development of local opportunities, which Council would support, but is unable to establish.
Attachments
Nil
