Ordinary Meeting Minutes

Held on Wednesday 10 June 2015

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Sharon Tapscott

Cr Bill Taylor

 In Attendance

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Minute Secretary, Ms Janelle Curtis

 

 

Acknowledgement of Traditional Custodians of Bega Valley Shire

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

1.

Confirmation of Minutes

147/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting and Closed Session held on 20 May 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

 

2.

Apologies

 

There were no apologies.

 

3.    Declarations

Pecuniary Interest

Cr McBain declared a pecuniary interest regarding Item 8.2 Development application for SEPP (Housing for Seniors or People with a Disability) 2004 comprising five units and strata subdivision, 2-4 Martin Street, Pambula, on the basis that she is a shareholder of a company that provided a quote to the builder employed by the developer.  A signed declaration form was tabled by Cr McBain for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

Cr Tapscott declared a pecuniary interest regarding Item 9.1 National Stronger Regions Funding on the basis that she has a family relationship with a person involved in one of the projects.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

Cr Mawhinney declared a pecuniary interest regarding Item  22.1 Proposed Squash Court Facility - Sapphire Aquatic Centre on the basis that she has a family member who may be affected by the decision.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

Mr Ritchie McNiel withdrew his request to speak on behalf of the applicant Mr Brett Hansford regarding Item No 8.2 DA No. 2015.96: Development application for SEPP (Housing for Seniors or People with a Disability) 2004 comprising five units and strata subdivision, 2-4 Martin Street, Pambula.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.

Adjournment into Standing Committees

148/15

RESOLVED on the motion of Crs McBain and Seckold

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

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

Against:                  Nil

2.03 pm         The Ordinary meeting adjourned and formed in the committee.

8.    Staff Reports – Planning and Environment (Sustainability)

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

 

8.1

Proposed amendment to Local Environmental Plan 2013: Lot 331 DP 1035434 Bermagui Cobargo Road, Cobargo

149/15

RESOLVED on the motion of Crs Allen and Tapscott

The Planning Proposal to zone Lot 331 DP 1035434 to R5 Large Lot Residential with a 5ha minimum lot size is forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

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

Against:                  Cr Hughes

 

8.2

Development application for SEPP (Housing for Seniors or People with a Disability) 2004 comprising five units and strata subdivision, 2-4 Martin Street, Pambula

 

Pecuniary Interest declaration

Cr McBain declared a pecuniary interest regarding Item 8.2 Development application for SEPP (Housing for Seniors or People with a Disability) 2004 comprising five units and strata subdivision, 2-4 Martin Street, Pambula, on the basis that she is a shareholder of a company that provided a quote to the builder employed by the developer. 

02:04 pm       Cr McBain departed the meeting room, taking no part in debate or voting on this item.

150/15

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Development Application No. 2015.96 for the Demolition of an existing dwelling and garage and the erection of 5 units under SEPP (Housing for Seniors or People with a Disability) 2004 and Strata Subdivision at Lots 1 and 2 DP 995488, 2-4 Martin Street Pambula, be approved subject to conditions as outlined in the draft consent attached to this report.

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

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

Against:                  Nil

Absent:                    Cr McBain

                      02:08 pm          Cr McBain returned to the meeting.

 

8.3

Adoption of amendments to Development Control Plan 2013 regarding commercial carparking provisions

151/15

RESOLVED on the motion of Crs Britten and Allen

That Council adopts the proposed amendments to Bega Valley Development Control Plan 2013 as contained in Attachment 1 of this report.

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

Against:                  Nil

 

8.4

Section 96 Application to Modify - Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy - Imlay Street, Eden

152/15

RESOLVED on the motion of Crs Tapscott and Seckold

That the Section 96 Application to Modify Development Application No. 2013.199 being for the demolition of an existing building and construction of a new supermarket, liquor store and speciality retail tenancy at Lot 14 DP 250841, 142-144 Imlay Street, Eden be determined as follows:

1.         That the proposed staging of the development in 2 stages being:

Stage 1 – demolition of existing building

Stage 2 – construction and operation of retail development be refused for the following reasons:

· The staging of the development would result in the demolition of the existing building without the prior payment of the Section 94 car parking contribution of $453,100. This is contrary to the conciliated position reached between Bega Valley Shire Council and Great Southern Developments as part of the Class 1 Appeal to the Land and Environment Court of NSW.

· The proposed staging could result in a vacant lot within the streetscape of Eden’s CBD with no commitment for future development which would impact on the economic viability and confidence of the town.

· The proposed staging is not in the public interest and community expectation in that the developer and Council had reached a conciliated position, with Orders issued by the Land and Environment Court of NSW, which included an agreed condition requiring the payment of a significant Section 94 car parking contribution prior to any demolition works commencing.

2.         That the sub-heading to Conditions 52 and 53 be amended to read:

“Demolition and Construction hours”.

3.         Deletion of Condition 15 be approved.

4.         The amendment to Condition 33 is supported in principle; to provide for a public tender process for the material required to be recovered and stockpiled. Prior to finalisation of this request, the applicant is required to submit an amended condition to the satisfaction of Council.

5.         That those persons who made submissions be advised of Council’s decision.

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

Against:                  Nil

 

Pecuniary Interest

Cr Tapscott declared a pecuniary interest regarding Item 9.1 National Stronger Regions Fundingon the basis that she has a family relationship with a person involved in one of the projects. 

02:15 pm       Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

 

9.    Staff Reports – Community, Culture and Leisure (Liveability)

Item 9.1 National Stronger Regions Funding moved to Economic Development and Business Growth reports.

10.  Staff Reports – Economic Development and Business Growth (Enterprising)

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

9.1

National Stronger Regions Funding

153/15

RESOLVED on the motion of Crs Britten and Taylor

1.    That Council resolve to support applications for the NSRF For two projects namely Merimbula Airport master plan to a value of $6.7m (noting the requirement for a 50/50 council contribution from general fund ) North Bega sewer to a value of $2.2 m (noting the requirement for a 50/50 council contribution from sewer fund ).

2.    That Council include the Old Bega Hospital in its strategic plans, with Council shown as a facilitator and not a funding body

3.    That as Council is limited to two nominations for its assets, Twyford Hall be advised that in the present circumstances funding and support, as requested, is not presently available

4.    That the project relating to the Pambula / Merimbula golf club be deferred to the meeting of 1st July 2015

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

Against:                  Cr Hughes

Absent:                    Cr Tapscott

02:24 pm       Cr Tapscott returned to the meeting.

 

10.1

Request for Financial Assistance (S.1)

154/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.          That Council support the request for financial assistance for $500 to Mr Gary Lonesborough for his film project.

2.          That the applicant be advised of Councils decision.

3.          That Cr Seckold be the Councillor nominated to attend the set for the day

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

Against:                  Nil

 

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

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

11.1

Acquisition of land and easements for new Sewage Pump Station as part of South East Regional Hospital development

155/15

RESOLVED on the motion of Crs Allen and McBain

1.         That Council approve the transfer of proposed Lot 21 of unregistered plan of subdivision of Lot 2 DP 1192620 from Applegum Properties Pty Ltd to Council.

2.         That Council give notice of its intention to classify the land as Operational under Section 34 of the Local Government Act 1993 once acquired.

3.         That Council authorise the creation of easements to drain sewage 3m wide and pump sewage 6m wide over proposed Lot 22 of unregistered plan of subdivision of Lot 2 DP 1192620 owned by Applegum Properties Pty Ltd to the benefit of Council.

4.         That Council authorise the creation of an easement to pump sewage 6m wide over Council owned Lot 28 DP 914639 and Lots 13 & 14 DP 813625 to the benefit of Council.

5.         That Council authorise the General Manager and/or Mayor to execute the necessary documents.

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

Against:                  Nil

 

11.2

Bega Civic Centre Council Chambers

156/15

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council proceed with the fit out for Bega Civic Centre Function Room 3, including use as a Council Chambers, including the multipurpose furniture as detailed in the report and developed in Councillor Workshops including audio, visual and live streaming as an integrated part of the completion works to be ready for the opening in November 2015.

2.         That $280,000 funding for the fit out be included in Council budget consideration for 2015/2016.

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

Against:                  Nil

Abstained:             Cr Tapscott

 

11.3

Service Road Merimbula

157/15

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That Council formally enter into the Voluntary Planning Agreement as attached to the report for the construction of the Merimbula Service Road subject to the separate execution of a Variation Deed by Merimbula Nominees and Merimbula Imlay Bowling Club, both documents to be signed simultaneously.

2.         That Council note the supplementary legal information received and that the draft VPA Variation Deed be exhibited for public comment for 28 days and that a further report be prepared on any submissions received prior to execution of the Variation Deed by Council.

3.         That Council formally enter into the Soil Nail Agreement for the temporary construction of retaining wall support under the old Merimbula Library.

4.         That the Mayor and General Manager be authorised to execute the Voluntary Planning Agreement and Soil Nail Agreement.

5.         That the Minister for Planning be advised that the Voluntary Planning Agreement has been entered into by all parties.

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

Against:                  Nil

 

 

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

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

12.1

Resourcing Strategy

158/15

RESOLVED on the motion of Crs Britten and Taylor

1.         That the draft Resourcing Strategy including the Asset Management Strategy, Workforce Strategy, Financial Strategy be adopted and the documents be published on 30 June 2015 and that Council notes the summary of submissions received with tabled Council responses as detailed in Attachment 1 to the minutes.

2.         That the draft Long Term Financial Plan be adopted and the documents be published on 30 June 2015.

3.         That the draft Transport Asset Management Plan, Recreation Asset Management Plan, Buildings Asset Management Plan, Water Asset Management Plan and Sewer Asset Management Plan be adopted and the documents be published on 30 June 2015.

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

Against:                  Cr Hughes

 

12.2

Fit for the Future Council improvement proposal

159/15

RESOLVED on the motion of Crs Seckold and Taylor

That Council adopt the key actions of the Council Improvement Proposal (CIP) for lodging online in Template 2 - no change to current scale, with the Office of Local Government by 30 June 2015

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

Against:                  Nil

 

12.3

Adoption of 2015-16 Operation Plan, Budget,  Fees and Charges

160/15

RESOLVED on the motion of Crs McBain and Seckold

1.    That the Draft Operational Plan, including the Revenue Policy be adopted and the documents be published on 30 June 2015 and that Council notes the summary of submissions received with tabled Council responses as detailed in Attachment 1 to the minutes.

2.    That Council makes the Rates and Charges for the 2015/16 Rating year using the Land Values with a base date of valuation 01 July 2012 and adopt the overdue Rates and Charges interest rate of 8.5% as follows:

a)         General Fund

(i)   General Rates

·         to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0040363 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

·         to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0040363 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 516 of the LG Act and;

·         to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0072769 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 516 of the LG Act and;

·         to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0072769 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 516 of the LG Act and;

(ii)  Stormwater Charge

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

·         to make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

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

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

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

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

(iii) Domestic Waste and Recycling Collection Charge

·         to make an annual Domestic Waste Collection charge of $402.50 per annum to provide a once-weekly 140-litre domestic waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment, for all properties categorised as residential and farmland in accordance with Sections 496 and 505 of the LG Act and where those properties are located within Council’s waste collection area. The service charge will be levied on:

§  each residential dwelling or;

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

·         to make, if further capacity is required, upon request, a second waste service, with an additional charge of $209.50 per annum and for a second recycle service with an additional charge of $110.00.

·         to make a waste availability charge of $81.50 to be levied on all vacant land where those properties are located within Council’s waste collection area.

(iv) Domestic Garden Organics Collection Charge

·         to make an annual Domestic Garden Organics Collection charge of $55.50 per annum for the monthly 240 litre domestic garden organics collection service for properties categorised as residential in accordance with Section 516 of the LG Act and where those properties are located within Council's waste collection area for urban areas and villages. The service charge will be levied on:

§  each residential dwelling or;

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

(v)  Commercial Waste Collection Charge

·         to make an annual Commercial Collection charge of $553.50 which meets the costs of the once-weekly 240-litre commercial waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment. In the serviced areas, each service entitles the user to a once weekly kerbside collection service from one 240-litre mobile garbage bin (being General Waste and Recycling) on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

·         to make, if further capacity is required, upon request, a second waste service, with an additional charge of $232.00 per annum and for a second recycle service with an additional charge of $164.00.

(vi) Commercial Garden Organics Collection Charge

·         to make an annual Commercial Garden Organics Collection charge of $55.50 per annum for the monthly 240 litre commercial garden organics collection where requested. In the serviced areas, each service entitles the user to a monthly kerbside collection service from one 240-litre mobile garbage bin on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

b)        Water Supply Fund

Pursuant to Section 501 of the LG Act Council hereby resolves:

(i)   Water Supply Charges

·         to make a charge by measure in the amount $2.70 per kilolitre for all water supplied by Council within or without of its area pursuant to section 502 of the LG Act.

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

Particulars

Volume factor

Access charge

Charge per Kl $

20mm Water Connection

1.00

$203.00

$2.70

25mm Water Connection

1.56

$316.68

$2.70

32mm Water Connection

2.56

$519.68

$2.70

40mm Water Connection

4.00

$812.00

$2.70

50mm Water Connection

6.25

$1,268.75

$2.70

65mm Water Connection

10.56

$2,143.68

$2.70

80mm Water Connection

16.00

$3,248.00

$2.70

100mm Water Connection

25.00

$5,075.00

$2.70

150mm Water Connection

56.25

$11,418.75

$2.70

200mm Water Connection

100.00

$20,300.00

$2.70

Strata Title Units (per unit)

1.00

$203.00

$2.70

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

$203.00

 

·         to make an annual Access Charge of $203.00 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council;

·         that subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.70 per kilolitre;

c)         Sewerage Local Fund

Pursuant to Section 501 of the LG Act Council hereby resolves:

(i)   Sewerage Service Charges

·         to make a flat sewerage service charge of $1,136.00 for all residential and farmland properties except residential strata and residential non strata properties connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act;

·         to make a flat sewerage service charge of $1,136.00 for each residential strata unit connected to the Council's sewerage service network and categorised as residential in accordance with Sections 516 of the LG Act;

·         to make a flat sewerage service charge $1,136.00 for each residential non-strata unit connected to the Council's sewerage service network categorised as residential in accordance with Sections 516 of the LG Act;

·         to make a flat sewerage service charge $568.00 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network.

·         to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 516 and 517 of the LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $3.78 per kilolitre;

·         to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 516 and 517 of the LG Act, calculated on the combination of a flat charge of $1,136.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below

·         to make a flat sewerage service charge $568.00 for all properties categorised as business or mining in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network.

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

DISCHARGE FACTORS

Discharger

BVSC proposed

B&B

75

Bakery

95

Boarding house or Hostel

90

Butcher

95

Café/Bistro/Cakes/Patisserie

95

Car Detailing

95

Car Wash - hand wash only

75

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

95

Caravan Park

75

Charcoal Chicken

95

Chicken/Poultry Shop

95

Churches

95

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

50

Club (e.g. RSL, surf club)

95

Commercial swimming pool

85

Community properties (halls)

95

Community properties (reserves, sporting facilities, etc)

51

Concrete batching plant

10

Craft/stonemason

95

Day Care Centre’s / Pre-schools

95

Delicatessen, mixed business

95

Dental Surgery

95

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

95

Factory/Industry/Warehouse

95

Food processing

90

Fresh Fish Shop

95

Funeral parlor

95

General retail / services

95

Government department

95

Hairdresser / Beauty salon

95

Hospital

95

Hotel

100

Joinery          

95

Laundry

95

Marina

90

Mechanical workshop

95

Mechanical workshop w/ car yard

85

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

95

Motel

90

Multi-premise commercial (strata plan, dual occupancy)

95

Nursery

70

Nursing home

90

Office Building        

95

Optical Service

95

Panel beating/spray painting

95

Printer

95

Radiator repairer

90

Restaurant (including cafes, canteens, bistros)

95

Schools (Primary)

95

Schools (Secondary)

95

Schools (TAFE, University, etc)

95

Seafood processing

90

Self Storage

90

Service station

90

Shopping centre

85

Supermarket

95

Take away food

95

Veterinary practice, Kennels or Animal wash

80

Wreckers

90

Volume Factor – Sewer

VOLUME FACTORS

Meter size

Factor

Availability charge per year

20mm

1.00

$1,136.00

25mm

1.56

$1,772.16

32mm

2.56

$2,908.16

40mm

4.00

$4,544.00

50mm

6.25

$7,100.00

65mm

10.56

$11,996.16

80mm

16.00

$18,176.00

100mm

25.00

$28,400.00

150mm

56.25

$69,900.00

200mm

100.00

$113,600.00

Liquid Trade Waste

Pursuant to Section 501 of the LG Act Council hereby resolves:

·         to make an application fee of $378.00 for new applications and $289.00 for change of use applications.

·         to make an annual inspection fee of $128.00 per inspection and $58.00 for re-inspections.

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

Band

Discharge factor

1

0%

2

0%

3

10%

4

20%

5

30%

6

50%

7

60%

8

80%

9

90%

2S

% N/A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·         Must be a registered non-profit community organisation.

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

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

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

In relation to aged care facilities:

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

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

e)        Pension Claim

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

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

f)         Interest on Overdue Rates and Charges

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2016 to 30 June 2016 be calculated at 8.5% per annum being the maximum interest rate allowable under the provisions of the LG Act as advised by the Office of Local Government in its circular numbered 15-14 dated 5th May 2015.

3.    That the Draft Fees and Charges with internal amendments be adopted and the documents be published on 30 June 2015.

4.    That the Draft Operating Budget be adopted and the documents be published on 30 June 2015.

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

Against:    Cr Hughes

 

 

13.  Staff Reports – Finance (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Hughes assumed the chair for this section of the agenda

13.1

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

161/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

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

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

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

Against:                  Nil

2.49 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

162/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That all motions, excluding Item 12.3 Adoption of 2015-16 Operation Plan, Budget,  Fees and Charges  recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting.

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

Against:                  Nil

RESOLVED on the motion of Crs Mawhinney and McBain

That Item 12.3 Adoption of 2015-16 Operation Plan, Budget,  Fees and Charges 

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

Against:                  Cr Hughes

15.      Delegates Reports

There were no Delegates Reports.

16.      Rescission/alteration Motions

There were no rescission motions.

17.      Notices of Motion

There were no notices of motion.

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

There were no responses to questions on notice.

20.  Questions for the Next Meeting

20.1

Code of Conduct Matter - Cr Allen, Office of Local Government response

 

Cr Russell Fitzpatrick asked could an update be provided to Councillors on whether advice had been received from the Office of Local Government regarding the referral to that office on matters regarding the Code of Conduct Complaint and request for apology from Cr Allen.

The question was taken on notice by the General Manager.

 

20.2

Support for Refugees residing in the Bega Valley

 

Cr Keith Hughes noted a recent media report about a Local Refugee Support Group Initiative and asked could Councillors be updated on what Bega Valley Shire Council could do to assist refugees settling in the Bega Valley.

The question was taken on notice by the Group Manager, Community and Relations.

 

20.3

Women's Refuges in the Bega Valley

 

Cr Sharon Tapscott asked could Councillors be updated on the situation regarding Women’s Refuges in the Bega Valley, in particular services in Eden.

The question was taken on notice by the Group Manager, Community and Relations.

 

21   Items of Interest Relating to Council Business

Cr Seckold reported on:

·         University of Wollongong 15th Birthday Celebrations and the start of the construction of $1.5 million Nursing Simulation Laboratory held on 25 May 2015

·         Virtual Campsite Classroom at Tathra Public school run by Council’s Aboriginal Liaison Officer, which included Aboriginal language, storytelling, basket and spear making.  The project is coordinated by a teacher at Tathra Schools, Ms Margaret Taylor.

·         St Vincent de Paul sausage sizzle held on 30 May 2015 for the Winter Appeal Blanket Ride coordinated by local George Parker, who arrived with gifts and donation for the Bega centre.

·           The Merimbula Jazz Festival Parade, held on the long weekend in June, which was again a successful event.

There were no questions from the media.

22.  Confidential Business

Cr Fitzpatrick asked for clarification on why Item 22.1 Proposed Squash Court Facility - Sapphire Aquatic Centre needed to be held in closed session.

The Group Manager Community Relations and Leisure advised as noted in the Agenda the reason was as per Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) 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.  He noted that the report contained information regarding construction costs.

Pecuniary Interest

Cr Mawhinney declared a pecuniary interest regarding Item  22.1 Proposed Squash Court Facility - Sapphire Aquatic Centre on the basis that she has a family member who may be affected by the decision.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

163/15

RESOLVED on the motion of Crs Allen and Taylor

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

22.1    Proposed Squash Court Facility - Sapphire Aquatic Centre

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) 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.

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

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

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

Against:                  Crs Hughes and Fitzpatrick

 

23.  Adoption of reports from Closed Session

23.1

Closed Report - Item 22.1Proposed Squash Court Facility - Sapphire Aquatic Centre

 

RESOLVED on the motion of Crs Allen and Taylor

That Council note report and resolution from the Closed Session.

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

Against:                  Nil

 

24.  Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports.

Closure

There being no further business, the Chairperson closed the meeting at 3.09 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 10 June 2015.

 


Attachment 1 - 12.1 Resourcing Strategy

 

Summary of submissions

2015-16 DRAFT Integrated Planning and Reporting documents –

Resourcing Strategy – Asset Management Plans - Operation Plan – Fees and Charges – Budget

Operational Plan 2015 – 16 including Revenue Policy

Name / organisation

Issue

Staff comment

Council Response

Internal

Revenue Policy – Amendment to typing error for Water Usage charge per Kl.  (inconsistency in pricing from table to text) Charge is set for $2.70.  

Typing error corrected

Accepted

Internal

Operational Plan – Amendment to typing error Outcome Area A2.4 ‘Key community facilities are developed in key locations and are supported by public transport services’ and aligned strategic actions were not printed within document

Typing error corrected.  No listed operational actions for the 2015-16 period as strategic actions focus on public transport initiatives.   This area identified for review during CSP review

Accepted

Old Bega Hospital Reserve Trust

Operational Plan – request to include clear support from Council and to articulate a statement such as ; ‘ Work with community groups to develop proposals and obtain funding for a regional community and cultural centre at the Old Bega Hospital, Bega’. 

Concerns that the direct mention of a specific project may be a disadvantage to other groups eg Four Winds, Twyford Hall.  Proposal for Council discussion:

Under current Strategic Action L2.6.1 -  Promote cultural profile of the Shire through tourism, business and general promotions

Current Proposed 15-16 Op Action – Investigate opportunities to work with cultural organisations to deliver new partnerships

Proposal amend op action to include a reference to supporting organisations to seek external funds –

Operational Plan to be amended to include the articulation of Council holding an advocate role for community projects including the Old Bega Hospital. Twyford Hall and Four Winds to seek external funds.

Fees and Charges 2015 - 16

Name / organisation

Issue

Staff comment

Council Response

Internal

Page 42 3rd heading down  - Sewage Management actually relates to OSM – Onsite Sewerage Management.  Can we please have the heading of Sewage Management changed to OSM – Onsite Sewerage Management.  These are the fees all customer service staff refer to when doing DA’s for the amount of toilets on a property that is not on town sewer.

Adjustment made as per submission

Accepted

Internal

Page 80: the 15/16 fee for 140L bin should be $6.00 (shown as $5.50)

 

Page 81: the 15/16 fee for sale of mulch should be $15.00 (shown as $14) and fee to be renamed “sale of compost or mulch”.

 

Adjustment made as per submission

Accepted

Tarraganda Hall Committee

Page 34 – (amend wording to read) Regular hall meeting groups- $10 per hour or part thereof or $3 per head per event whichever is the smaller

Adjustment made as per submission

Accepted

Internal

Page 75 - Retain current (2014/15) Learn to Swim Fees for 15/16. Retain current (2014/15) student admission fees for 15/16

 

Additional fees and charges that may need to be documented and adjusted.

·         SAC child minding fees are currently $6.00 per child per 1.5 hour session, increase to $6.50 inline with Councils other increases.

·         Learn to Swim fees of $14.00 per lesson for the first child and $13.00 per lesson for subsequent children should be included in Councils fee schedule.

·         Include a note that Program fees relate to specialised coaching and supervision. They do not include general admission either side of program times.

 

Adjustment made as per submission

Accepted

Internal

Page 69 – 86 – Wording amendments to heading lines for clarification purposes. Review of receipt code and minor adjustment for rounding of fees

Adjustment made as per submission

Accepted

Internal

Typing error – cemetery charges – Monument application fee, inspection fee and maintenance fee were not published in document.  Fees are consistent across all cemeteries and have not changed from the 2014-15 year.

 

 

Typing error amended.  Fees to be published

Accepted

Office of Local Government  (OLG)

Page 8 - Update to section 603 certificates.  Amend from $70 to $75

Notification of the change received from OLG after the draft fees and charges published.

Adjustment made as per submission

Accepted

Annual Budget 2015 – 16

Original submissions as confidential attachments

Name / organisation

Issue

Staff comment

Council Response

Bega Valley Shire Residents and Ratepayers Association Inc

Request for BVSC to consider making an exception to its policy of full recovery of costs for Water Supply (Access and Usage), Sewage (Access and Usage) and Waste (Domestic)

 

 

 

Full cost recovery required for sustainability of these funds. Therefore, it is recommended not to make an exception to the policy. 

Council staff met with BVSRRA to discuss the financial implications of excluding full cost recovery for Water and Sewer.  The savings to ratepayers is minimal with the impact on water and sewer infrastructure significant.  Agreed that full cost recovery remain. 

 

AMP – Transport

 

Name / organisation

Issue

Staff comment

Council Response

Internal (late submission)

There is a minor but significant typo on table 5.4.1 on pages 42-43 regarding various useful lives to be fixed up before

Under Bridges, the useful lives for ‘culverts local’ and ‘culverts regional’ should be amended to read 100 years instead of 10 years.  These culverts are culverts that are greater than 6 lineal metres and are considered small bridges as opposed to your single and double pipe crossings that are common in the rural areas.

Under Shared Paths, the useful life for ‘Timber’ has not been reported.  25 years can be inserted here for consistency with what is reported in table 5.4.1 on pg. 27-28 of the Recreation AMP.  These are essentially boardwalks.

Amendments to be made for final document

Accepted

 


 

 

 

Amendments made as per Council request

 

Annual Budget – 2015-16

Council requested that three capital projects be considered in the 2015/16 operating budget. Those projects being;

•     Town Centre masterplan Implementation (Providing the 2015/16 allocation of $538K to the completion of the Eden town centre masterplan).

•     Merimbula Bypass (Bring forward the completion of the project into 2016/17. Allocating $3m in 2015/16 with the balance occurring in 2016/17).

•     Littleton Gardens masterplan implementation (Providing for $2m in the 2015/16 operating budget).

The capital funding for each of these projects have been incorporated into the 2015/16 budget. The funding sources for these projects are through loan borrowings. The repayment of these loans will not commence until the 2016/17 financial year and will be incorporated into that year’s budget.

Asset Management Plan

Name / organisation

Issue

Staff comment

Council Response

Internal /Councillor

Parks & Recreation AMP

 

Page 31 – Renewal and replacement priority ranking criteria.

The current criteria did not accurately reflect the importance of community involvement in projects.

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 32 – New assets priority ranking criteria.

Same as above.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 50 – proposed 10 year capital renewal and replacement works program.

The program is difficult to follow and find relevant assets. It is unclear how assets will be assessed as needing replacement.

 

Does not materially change the intent of ranking renewal and new asset projects when they fall due. Better reflects input from community volunteers.

 

Proposed new weighting:

§  Public Safety – 30% (was 40%)

§  High Utilisation – 20%

§  Link to strategic planning (Council adopted) – 20%

§  Community partnership proposal – 20% (was 10%)

§  Link to similar works – 10%

 

As above.

 

Proposed new weighting:

§  Link to strategic planning (Council adopted) – 50% (was 40%)

§  Community partnership proposal – 30% (was 20%)

§  Legislative / Industry standard upgrade – 20%

§  Council / Executive direction – 20%

 

The works program has been sorted via the year when the works are due to be undertaken. The table can be sorted by any column. It has been suggested that sorting via townships would allow people to more easily find assets and sites. This has no material effect on the information and can be done.

 

It has also been suggested to summarise some of the overarching caveats included in the document prior to the table.

The following could be included:

§  Consultation with the community will be undertaken when assets are due for renewal.

§  Ground truthing will be undertaken with stakeholders when assets are due for renewal to confirm requirements and need.

§  The works program is based on an annual budget process. A notional allocation in this plan does not commit future Councils to undertaking the works or allocating the resources to that site if the asset is not renewed.

Issue raised as per Council requested. – Accepted

Internal

Buildings AMP

 

Page 26 – Renewal and replacement priority ranking criteria.

Same issues as per the Parks & Recreation AMP. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 27 – New assets priority ranking criteria.

Same as above.

 

 

 

Suggest that the weightings be similar across both AMP’s. Again this would not create any material change to the intent of the weighting process.

 

Proposed new weighting:

§  Public Safety – 30% (was 40%)

§  Link to strategic planning (Council adopted) – 20%

§  Utilisation/Fit for Purpose – 20%

§  Community partnership proposal – 20% (was 10%)

§  Link to similar works – 10%

 

 

As above.

 

Proposed new weighting:

§  Link to strategic planning (Council adopted) – 50% (was 40%)

§  Community partnership proposal – 30% (was 20%)

§  Legislative / Industry standard upgrade – 20%

§  Council / Executive direction – 20%

 

Issue raised as per Council requested – Accepted