Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 23 September 2015 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

17 September 2015

 

TO:

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

 

COPY:

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

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary

 

 

 


Publishing Of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.        Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.        Background for reports is provided by staff to the General Manager for  presentation to Council.

3.        The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.        The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.        The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

    Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

·      Can the decision be justified in terms of public interest?

·      Would it withstand public scrutiny?

Conflict of interest

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

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

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, 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.

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 


TO:      The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act  and regulations or dispensation issued by the 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___

dd            mm         yy

Item no & subject

 

Interest (tick one)

Pecuniary interest                  Non-pecuniary conflict of interest

* Nature of interest

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

Item no & subject

 

Interest (tick one)

Pecuniary interest                 Non-pecuniary conflict of interest

* Nature of interest

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

Councillor

 

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

 

 


Council

23 September 2015

 

Agenda

Acknowledgement of Traditional Owners 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

Recommendation

That the Minutes of the Ordinary Meeting held on 2 September 2015 and the Extraordinary Meeting held on 16 September 2015 as circulated, be taken as read and confirmed.

2       Apologies and requests for leave of absence

 Recommendation

That an apology from Cr Taylor be accepted for their inability to attend the meeting.

3       Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Adjournment to Standing Committees

Recommendation

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

8       Staff Reports – Planning and Environment (Sustainability)

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

8.1                   Pambula Lake Estuary – Coastal Zone Management Plan ....................................................... 10

8.2                   Construction of a dwelling and establishment of use as a Health Consulting Room........... 13

8.3                   DA No. 2014.439:  Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach.................................................................................. 24

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

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

9.1                   Civic Centre - Naming..................................................................................................................... 42

9.2                   Civic Centre - Fees and Charges .................................................................................................. 46

9.3                   Bega Indoor Sports Stadium Licence........................................................................................... 50

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

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

10.1                 Tourism Industry Review............................................................................................................... 58

11     Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1                 Additional waste disposal vouchers............................................................................................ 62

11.2                 Bega Valley Local Traffic Committee 2 September................................................................... 74

11.3                 Pambula Merimbula Golf Club - Effluent Reuse ....................................................................... 75

11.4                 Tender RFT 26/15 Construction Tender for Bega Civic Centre Council Chamber Fit-out.. 78

12   Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney

12.1                 Councillor Portfolios, Agenda and Reporting Theme areas.................................................... 82

12.2                 Committee and Panel Delegates and Representatives............................................................ 88

12.3                 Gift Register - September 2014 to August 2015....................................................................... 93

12.4                 Councillor Development Program............................................................................................. 106

12.5                 Delegations Register - Part 1...................................................................................................... 109

12.6                 Applications for Financial Assistance: Section 356
First Quarter 2015/2016............................................................................................................
128

12.7                 Joint Organisations and update drafting an MoU with Eurobodalla Shire Council............ 130

12.8                 Review of South East Regional Academy of Sport (SERAS) Structure and Constitution. 149 .

13     Staff Reports – Finance (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes 

13.1                 Referral of 2015 Financial Statements to Audit...................................................................... 152

13.2                 Certificate of Investments made under Section 625 of the Local Government Act, 1993 154.

14     Adoption of Reports from Standing Committees

Recommendation

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     Delegates Reports

15.1                 Cr Seckold: South East Regional Academy of Sport (SERAS) Report on Board Meeting 17 August 2015                                                                                                                                                          159

 

16     Rescission/alteration Motions

 

17     Notices of Motion

17.1                 Australian General Practice (GP) Training Program............................................................... 163

 

18     Urgent Business

 

19     Questions On Notice

19.1                 Response to Question on Notice - Information regarding assessment times for Development Applications - Cr Fitzpatrick................................................................................................................................. 165

19.2                 Response to Question on Notice - Merimbula Library: Cr Fitzpatrick................................. 166

19.3                 Response to Question on Notice - Evans Park, Kalaru update: Cr McBain......................... 168

 

20     Questions for the Next Meeting

 

21     Items of Interest Relating to Council Business

 

22     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 169

22.1                 Declassification of Closed Session Reports regarding acquisition of Lots 21 and 22 DP 1070789 (12-14 Cabarita Place, Merimbula)

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

22.2                 General Manager Annual Performance Review for period ending 30 June 2015

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

 

23     Adoption of reports from Closed Session

24     Resolutions to declassify reports considered in closed session  

 


Council

23 September 2015

 

 

Staff Reports –Planning And Environment (Sustainability)

 

23 September 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.  

8.1              Pambula Lake Estuary – Coastal Zone Management Plan ................................ 10

8.2              Construction of a dwelling and establishment of use as a Health Consulting Room     13

8.3              DA No. 2014.439:  Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach.......................................... 24


Council 23 September 2015

Item 8.1

 

8.1Pambula Lake Estuary – Coastal Zone Management Plan       

 

Proposed adoption of the Pambula Lake Coastal Zone Management Plan (CZMP), which has been developed to guide Council and State agencies in the management of Pambula Lake Estuary and its surrounding catchment.

 

Group Manager Planning and Environment  

 

Background

Pambula Lake Coastal Zone Management Plan (CZMP) identifies the lake’s values, potential threats to these values and outlines the best way to manage them in the short, medium and long term. The CZMP will also be used to leverage funding through the State Government, particularly through its Coast and Estuary Program and is recommended for adoption, certification and gazettal.

The Pambula Lake estuary is of high scenic amenity and is in a generally good environmental condition. However, there are areas of disturbance and degradation caused by land use changes, recreational uses and some commercial activities. Despite this, the estuary maintains very high water quality which in turn supports its ecological systems that are also in good condition. These key outcomes relate directly to the relatively undeveloped nature of its catchment (approximately 82% forested).

In order for the Pambula Lake catchment to continue to provide recreational, cultural, commercial and environmental services, Bega Valley Shire Council has developed a Coastal Zone Management Plan (CZMP). This Plan identifies the values, uses, condition and range of threats to Pambula Lake and identifies short, medium and long term actions for the estuary’s management.

These actions are a key tool for the management of the estuary and provide clear direction to Council and State Government agencies to work with local stakeholders to enhance and protect the estuary. Importantly a range of local stakeholders and State agencies were actively involved in the development of the draft CZMP.

This Plan has been jointly funded (50:50) by Council and the NSW Office of Environment and Heritage (OEH) through OEH’s Estuary Grants Program.

Issues

Environmental

This CZMP will be a key management tool used to direct environmental works within the lake catchment and the estuary itself. Additionally, the CZMP identifies the key threatening processes in the catchment and a range of management actions that Council and State agencies may implement to maintain the social, environmental, cultural and economic health of the estuary.

Social / Cultural

The CZMP includes management actions targeted at both social and cultural activities. These actions are generally aimed at:

·    supporting initiatives such as Bundian Way;

·    assisting in the protection and rehabilitation of Aboriginal middens and artefacts;

·    undertaking educational activities; and

·    liaising with recreational fishers to determine their needs (e.g. better fish cleaning facilities).

Economic

The Pambula CZMP also includes actions aimed at supporting local commercial activities such as oyster farming and also encourages new commercial initiatives. These actions include maintaining and enhancing water quality for commercial oyster farming and supporting low impact nature based activities within the catchment and waterway. It is envisaged these actions may be supported by the securing of grant funds as they become available.

Legal

Under the Coastal Protection Act 1979 (the Act) coastal zone management plans are required to be certified by the Minister for Environment as having been prepared in accordance with the Act. In addition under s55H of the Act the CZMP, when certified, is to be Gazetted. The CZMP takes effect on the date of Gazettal.

Strategic

The Pambula Lake CZMP is seen as the key strategic document for maintaining, improving and enhancing the environmental quality of Pambula Lake and Estuary. The Gazettal of the CZMP as described above, provides improved certainty to the planning process and may make it an offence (under s55K of the Act) to carry out an activity that contravenes the Plan. The Gazettal also helps ensure the Pambula CZMP is considered appropriately in any decisions which may impact on the environmental, social, cultural or economic use of the estuary.

Consultation

The Plan has been developed with involvement from a range of stakeholders including: Pambula Lake Estuary Committee; Pambula Lake oyster farmers; NSW Department of Primary Industries - Fisheries; NSW Roads and Maritime Services; Office of Environment and Heritage (OEH); and the National Parks and Wildlife Service. It is also important to note that OEH, as the funding body, was also heavily involved in reviewing the Plan at various stages.

The Plan was put on public exhibition throughout June 2015. In this time the draft Plan was uploaded on Council’s website and media articles released in local papers encouraging public comment. A total of four submissions were received: two from local residents; one from Panboola Bird Watchers Group; and one from NSW Fisheries. All of these submissions were acknowledged and minor changes were made in the draft Plan to reflect these comments. The main change resulting from the submissions was to alter some priorities (i.e. changing the development of a stormwater management plan for Pambula catchment from medium to high priority) and including some additional data regarding bird sightings in the area.

The Plan has also been presented to Council’s Coastal Planning and Management Committee on the 6 March 2015 and to a Councillor workshop on 10 April 2015.

Financial

The Plan identifies a series of actions and associated priorities for management of the Pambula Lake. Each of these actions has been assigned with an estimate of total cost to undertake the activity. The actions broadly target both the estuary and catchment and cover a wide range of both education and works initiatives. Many of the actions identified are targeted at environmental works including weed removal and revegetation. However, some actions are infrastructure based including future road sealing and supporting interpretive walking tracks.

Implementation of actions in the CZMP will be the responsibility of both Council and NSW government agencies. It is important to note the NSW government prioritises those actions highlighted in an adopted CZMP and assists by funding actions within the Plan through the NSW Coasts and Estuary Program of the Office of Environment and Heritage (OEH).

Conclusion

With the adoption and certification of this Plan, Council will have CZMPs in place for most of the major estuaries in the Bega Valley Shire (except Bermagui River – currently targeted with a funding application under consideration by OEH). These plans are the key strategic documents that guide the effective and sustainable management of the Shire’s estuaries. They provide Council with targeted priority management and works actions, as well as indicative cost estimates and timeframes.

The Plan is recommended for Council adoption, Ministerial certification and Gazettal.

A copy of the Plan will be tabled at the Council Meeting and is available upon request.

 

Attachments

Nil

 

Recommendation

1.    That Council adopts the Coastal Zone Management Plan for Pambula Lake Estuary.

2.    That Council submits the Coastal Zone Management Plan for Pambula Lake Estuary to the Minister for Environment for Certification and Gazettal in accordance with s55 of the Coastal Protection Act 1979.

 


Council 23 September 2015

Item 8.2

 

8.2. DA No. 2015.236: Construction of a dwelling and establishment of use as a Health Consulting Room        

 

General Manager  

 

 

Applicant

B Thomas & S Joseph

Owner

B Thomas & S Joseph

Site

Lot 510 DP 1085869, 77 Glen Mia Drive, Bega

Zone

R2 Low Density Residential

Site area

2,234m2

Proposed development

Staged development: Stage 1 – Construction of a dwelling, Stage 2: Establishment of Use – Health Consulting Room

Precis

In accordance with the Resolution at the Council meeting of 2 September 2015, attached to this report are draft Reasons for Refusal for Council consideration.

The draft reasons have been prepared having regard to the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 and the issues raised in submissions received by Council in respect of the proposed development.

Also included in the report is additional information provided by the Group Manager Planning and Environment, in relation to matters raised in the address to Council.

The application is presented to Council for determination.

Background

A staff report in respect to the proposed development was submitted to Council for consideration at its meeting of 2 September 2015 with the following recommendation;

1.         That development application No. 2015.236 for the construction of a dwelling and a health consulting room (dentist) at Lot 510 DP 1085869, 77 Glen Mia Drive, Bega be approved subject to conditions as provided in the draft consent attached to this report.

2.         That those parties who made a submission be advised of Council’s decision.

Council resolved as follows;

1.         The matter be deferred and the General Manager be requested to provide a report to the next practicable meeting advising Council of matters under s79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to refuse the development application; 

2.         The report to include suitable reasons for refusal in the event that the Council ultimately determines to refuse its consent to the development application. 

Description of the proposal

The proposal is for the construction of a dwelling house (Stage 1) and health consulting room/dentist (Stage 2). The proposed building is a two storey construction, with three bedrooms, lounge, dining, kitchen, laundry and amenities on the first floor and garage, single consulting room, amenities and storage on the ground floor.

The Applicant has detailed that the proposed consulting room is to operate one day per week between the hours of 9am and 4pm.

Description of the site

The site is a 2,234sqm vacant block of land on the western end of Glen Mia Drive. The subject site slopes from the south west to the north eastern corner and contains rocky outcrops along the southern side of the lot.

The site is surrounded by two storey and single storey residential development and has sealed road frontage onto Glen Mia Drive. Along the northern boundary is a battle axe driveway that services the two lots to the North West.

Section 79C – Matters for Consideration

Section 79C of the Environmental Planning and Assessment Act 1979 requires a consent authority to take into consideration such of the following matters as are of relevance to the development, the subject of this development application:

(1)  (a) the provisions of:

(i)        any environmental planning instrument, and

(ii)       any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii)      any development control plan, and

(iiia)    any planning agreement that has been entered into under section 93F, or any drafting planning agreement that a developer has offered to enter into under section 93F, and

(iv)      the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v)       any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates,

(b)       the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c)       the suitability of the site for the development,

(d)       any submissions made in accordance with this Act or the regulations,

(e)       the public interest.

In formulating the draft Reasons for Refusal, regard has been given to the issues raised in submissions received objecting to the proposed development, a deputation to Council and issues raised during Councillor debate.

These matters are particularly relevant when considering Section 79C(1)(d) and (e).

The draft Reasons for Refusal are provided as Attachment 1 to this report.

Comments from Group Manager Planning and Environment

Response to Address to Council

There was one address at the Council meeting held on 2 September. The majority of the issues raised in the address were considered by assessing staff and detailed in the original report to Council.

In response to those issues not covered in the previous report, the following information has been provided by the Applicant;

“The x-ray machine will be fitted on the wall in the operating room adjacent to the working dental chair.

The medicines that need to be kept in the refrigerator according to manufacturer’s instructions will be kept in the refrigerator in the operating room. Other medicines that need to be given by prescription will be locked in the cupboard and kept in the storeroom. All emergency equipment including oxygen will be kept in the cupboard in the storeroom.

Regarding dental X-ray films, we no longer use films these days. It’s all digital radiograph now. Hence there is no need for storage of unexposed films.

Regarding radiation exposure, it has got minimum radiation since it is digital and there is no risk to children in the neighbourhood due to radiation because it’s only minimum and its effect is only if a person is standing very close to the primary beam of radiation, that is within some metres. We are using lead apron to protect the person from radiation while taking X-rays. It’s completely safe for the neighbours”.

Conclusion

In accordance with the Council resolution of 2 September 2015, Reasons for Refusal have been provided as Attachment 1 to this report.

Council previously considered a staff report which highlighted the key matters for consideration in relation to the proposed development and recommended approval subject to conditions.  This remains the staff position and a copy of the recommended Conditions of Consent is provided as Attachment 2 to this report.

It is recommended that Council determines the application.

 

Attachments

1.            Draft Reasons for Refusal

2.            Draft Conditions of Consent  

 

Recommendation

1.         That Development Application No. 2015.236 for the construction of a dwelling and a health consulting room (dentist) at Lot 510 DP 1085869, 77 Glen Mia Drive Bega be determined.

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

 


Council

23 September 2015

Item 8.2 - Attachment 1

Draft Reasons for Refusal

 

DRAFT REASONS FOR REFUSAL

1.         That Development Application 2015.236 for the construction of a dwelling and a health consulting room (dentist) at Lot 510 DP 1085869, 77 Glen Mia Drive, Bega be refused for the following reasons;

a.         The proposed establishment of a Health Consulting Room would have an unacceptable impact on the residential amenity of the immediate locality in terms of traffic generation and associated noise impacts.

b.         The infrastructure needs of a Health Consulting Room, including onsite car parking and business identification signage, would result in an unacceptable impact on the streetscape character of the locality.

c.         The proposed development of a Health Consulting Room in a low density residential precinct would not be in the public interest.

 

 

 

 


Council

23 September 2015

Item 8.2 - Attachment 2

Draft Conditions of Consent

 


 


 


 


 


 


 


Council 23 September 2015

Item 8.3

 

8.3DA No. 2014.439:  Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach     

 

Development application 2014.439 has been considered by the Land and Environment Court and a judgement has been made.

 

Group Manager Planning and Environment  

 

Background

Council considered a staff report on 12 August 2015 in relation to the proposed demolition of a two storey dwelling house and construction of a new dwelling at 30 Coraki Drive, Pambula Beach.

The recommendation by staff was;

1.         That the request to vary the BVLEP 2013 Clause 4.3 building height development standard under BVLEP 2013 Clause 4.6 is not supported as the application fails to demonstrate that compliance with the standard is unreasonable and unnecessary in the circumstances of this case and varying the standard would not be in the public interest.

2.         That Development Application 2014.439 for the demolition of an existing dwelling and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach be refused for the following reasons:

a.       The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of BVLEP 2013 and is inconsistent with the objectives of the Clause in that the development would not retain the existing character and landscape of the locality and would not result in a low-set building form. Further the development fails to protect the residential amenity of adjoining residences.

b.       The proposed development would have an unacceptable and unreasonable impact on the amenity of adjoining residences in terms of height, bulk and scale and outlook.

c.        The proposed development is characterised as a dual occupancy (attached) due to the configuration of the building and the fact that the building is capable of being occupied as two separate domiciles. As such the application cannot be approved given the proposed development described in the application is for a single detached dwelling.

d.       The proposal would not be in the public interest.

3.         That those parties who made a submission be advised of Council’s decision.

4.         That Council’s solicitor acting in relation to NSW Land and Environment Court proceedings 15/10493 be advised of Council’s determination in relation to this matter.

Council’s resolution of 12 August 2015 was as follows;

1.      The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given by Council to the granting of consent to the development application including suitable draft conditions of consent.

2.      That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house.

3.      That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile.

Land and Environment Court appeal

At the time of consideration of the 12 August 2015 report by Council, Development Application 2014.439 was the subject to an appeal to the NSW Land and Environment Court on the grounds of a ‘deemed refusal’.

On 27 August 2015 Council’s legal representative and staff attended an onsite Section 34 Conciliation Conference which was conducted by Commissioner O’Neill of the NSW Land and Environment Court. Agreement was not reached between the parties and the conciliation conference was terminated. The matter then proceeded to hearing on 28 August 2015.

Evidence was given by Council’s Planning Coordinator, Ms Hancock, and adjoining landowners Ms Cramer of 28 Coraki Drive and Dr and Mrs Appleby of 17 Weemilah Drive, Pambula Beach.

Commissioner O’Neill handed down her decision on 2 September 2015 and issued directions for the deletion of the gym and terrace on the uppermost level of the proposed dwelling. Commissioner O’Neill also ruled that due to the spatial planning of the proposal that the building is not capable of being occupied and used as two attached and separate dwellings.

A copy of the judgement is provided as Attachment 1 to this report.

Conclusion

Development application 2014.439 has been determined by the NSW Land and Environment Court and a copy of the judgement is provided for the information of Councillors.

 

Attachments

1.            Land and Environment Court judgement

 

Recommendation

That Council notes the judgement of Commissioner O’Neill, handed down in relation to NSW Land and Environment Court proceedings 10493/2015 on 2 September 2015 regarding Development Application 2014.439, for the demolition of an existing dwelling house and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach.

 


Council

23 September 2015

Item 8.3 - Attachment 1

Land and Environment Court judgement

 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

23 September 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.  

9.1              Civic Centre - Naming......................................................................................... 42

9.2              Civic Centre - Fees and Charges ........................................................................ 46

9.3              Bega Indoor Sports Stadium Licence................................................................... 50


Council 23 September 2015

Item 9.1

 

9.1Civic Centre - Naming     

 

The Civic Centre is nearing completion and officers are seeking a resolution from Council regarding the name of the Centre and the individual rooms.

 

Group Manager Community, Relations and Leisure  

 

Background

The Civic Centre (the Centre) is a significant community asset and one that will be utilised by people from across the Shire. Once complete the Centre will be a facility available for a range of community uses, including meetings, events, conferences, performances, civic events and Council meetings.

The facility is on track to be completed towards the end of 2015 and in preparation of an official opening planned for early 2016, and a ‘soft’ opening following completion of works; Officers are seeking to finalise the name of the facility and the rooms within the building.

Centre name

Since its inception in 2008 through to commencement of works, the new building has been referred to as the Bega Civic Centre. This name appears to have struck a chord with the community and is in general use when people talk about the new building.

There have been requests to retain the original name (Bega Memorial Town Hall); however the old building has been completely removed and replaced by a state of the art new facility to accommodate contemporary uses.

Following discussions with Councillors, Officers are suggesting simply calling the building the “Civic Centre”, noting that it will generally always be signed or referred to in the context Bega Valley Shire Civic Centre.

Room names

Council through its Memorandum of Understanding with the three Local Aboriginal Land Councils is committed to recognising the traditional custodians of the lands and waters of the Bega Valley and working with local Aboriginal people.

The Bega Valley has a number of places significant to Aboriginal culture, identity and history, none less than the three major mountains of the Far South Coast; Bulawarn (Mount Imlay), Biamanga (Mumbulla Mountain) and Guluga (Mount Dromedary).

In recognition of the outlook of the new building onto Biamanga, it is proposed that these traditional mountain names be utilised throughout the building.

Whilst researching other possible Aboriginal names, Merra-winga (place of dreaming) was also put forward, and is suggested as an appropriate name for the Auditorium.  See attached table of room names.

Signage

The new building stands proud amongst the neighbouring Sapphire Market Place, and other buildings around Littleton Gardens, forming part of the greater civic and cultural precinct. It is important that the building is clearly identifiable as a Council building and as such Officers are suggesting that the Bega Valley Shire Council logo be prominently displayed on the facade.

 

In addition to identifying the building, ground level signage across the whole of the Littleton Gardens precinct will be important in directing people to various venues and sites. Ground level signage will be installed as part of the current Littleton Gardens works and as finalisation of the Civic Centre building. The ground level signage will be designed within the parameters of Council’s current style guide.

Issues

Asset

The Civic Centre will be a significant asset for the Bega Valley community and it is important that it is branded and named appropriately to recognise it as Council building.

Social / Cultural

The use of the mountain names for the Centre, provide a strong link to local Aboriginal culture and history. The Mountains are places of significant cultural meaning and identity. The proposed names also utilise local language.

Economic

When complete the Civic Centre will provide a much needed community venue in Bega, but also one that can attract people from across the Shire. Council has determined to have the Civic Centre professionally managed to activate the new building and maximise its use.

Consultation

Consultation has occurred with the Local Aboriginal Lands Councils and Council’s Aboriginal Liaison Officer.

Councillors have been briefed and their input sought on a number of occasions regarding this matter.

Officers have met with and discussed the Civic Centre naming with the Bega RSL Sub Branch, and will continue to liaise and work with representatives to develop an appropriate and respectful way of acknowledging the previous halls legacy.

Financial

The cost of building and ground level signage is covered with existing budget allocations.

Resources (including staff)

Officer time will be required to implement the recommendations of this report, and is covered in current budget and staff time allocations.

Operational Plan

Community Ambition A2: Facilities and services

·    Our facilities and services are strategically planned, designed and maintained to meet the community needs

Conclusion

The Civic Centre complements the existing community facilities (library, Regional Art Gallery and Council’s administrative centre) that operate in the Littleton Gardens civic and cultural precinct, as well as the commercial activities being undertaken in the area.

Providing the Centre with a clear identity and branding, and taking the opportunity to recognise local Aboriginal culture ensures the building is a part of the Bega Valley community from the day it starts to get used.

 

Attachments

1.            Proposed Civic Centre Room Names

 

Recommendation

1.         That Council note the report.

2.         That the new building be known as Bega Valley Shire – Civic Centre.

3.         That the Civic Centre room names be:

Room

Proposed Aboriginal Name

Meaning

Chambers

Biamanga Room

Men’s Mountain

Level one foyer

Biamanga Foyer

Auditorium

Merra-winga

Place of dreaming

Auditorium Annexe

Guluga Room

Women’s Mountain

Ground floor foyer

Guluga Foyer

Meeting room 1

Bulawarn Room 1

A spiritual place

Meeting room 2

Bulawarn Room 2

4.         That the Bega Valley Shire Council logo (in full colour) be installed onto the façade of the Civic Centre.

5.         That appropriate ground level signage is installed as part of the current works to identify the Civic Centre and other key community assets in the Little Gardens precinct.

 


Council

23 September 2015

Item 9.1 - Attachment 1

Proposed Civic Centre Room Names

 

Attachment 1

Naming Options

Room

Proposed Aboriginal Name

Meaning

Chambers

Biamanga Room

Men’s Mountain

Level one foyer

Biamanga Foyer

Auditorium

Merra-winga

Place of dreaming

Auditorium Annexe

Guluga Room

Women’s Mountain

Ground floor foyer

Guluga Foyer

Meeting room 1

Bulawarn Room 1

A spiritual place

Meeting room 2

Bulawarn Room 2

 

The room names have been discussed with the Local Aboriginal Lands Councils and there is support for the names identified.

It is felt that the naming the rooms themselves and referring to the foyer spaces in relation to the rooms they are adjacent to would be the most straightforward way to manage the uses of those spaces.

 


Council 23 September 2015

Item 9.2

 

9.2Civic Centre - Fees and Charges       

 

Proposed fees and charges have been drafted for the Civic Centre, in preparation for the opening, and are required to be publicly exhibited before they come into force.

 

Group Manager Community, Relations and Leisure  

 

Background

At its meeting of 12 August 2015, Council resolved to adopt an external model of management for the Civic Centre with Venue Management Services. It is expected that the management agreement will be in place by October this year.  The setting of fees and charges for the use of the Centre is now required.

It is important that the fees and charges are set at a level that makes the Centre affordable and accessible to all users, but particularly community groups.  Comparisons have been undertaken with similar Council operated venues in other areas, BVSC operated halls and other bookable venues within the Shire.

The key points to note for the Civic Centre fees and charges are that:

·    There is a community and full rate fee for each bookable space;

·    The community rates represent, approximately, a 40% reduction from the full rate; and

·    A range of booking times is available depending on the space.

The main commercial kitchen will not be available for bookings; as part of the management agreement the venue managers will have exclusive catering rights and utilisation of this kitchen.  

There are also a number of additional charges that may be applicable depending on the type of booking. These could include charges for services such as food and beverage, venue set up, security and audio visual support. These are outlined in the fees and charges document attached.

The fees and charges proposed for the Centre will, once adopted, be in place until 30 June 2016. There will be an opportunity to review them over the next six months, and adjust if necessary, as part of the annual fees and charges process for the 2016/17 financial year.

The fees and charges are attached for the consideration of Council prior to public exhibition.

Issues

Legal

Under the Local Government Amendment (Planning and Reporting) Act 2009, Council is required to publicly exhibit fees and charges for a period of 28 days.

Asset

The fees and charges collected in relation to the Centre will, in part, go towards the operations and maintenance of the Centre.

Social / Cultural

The Centre, when complete, will be a facility for the whole Shire that has the capacity to attract a range of local, regional, interstate and international acts as well as a range of community uses, including conferences, graduations, civic events and Council meetings.

Informal non-incorporated, not for profit community groups will also be eligible for the community rate and will be covered by Council’s casual hirer insurance, further encouraging and facilitating use of the Centre.

Consultation

This report places the relevant changes to Council’s fees and charges schedule on public exhibition.

Financial

Council resolved on the 12 August 2015 that an amount of no more than $250,000 be allocated to the management, maintenance and operation of the Centre. The Management Agreement will also provide for a return on use of the Centre back to Council, to offset this allocation.

Resources (including staff)

The venue will be operated under a management agreement with Venue Management Services. Staff will have a role in managing that Agreement and the overall operations of the facility.

Operational Plan

Community Ambition A2: Facilities and services

·    Our facilities and services are strategically planned, designed and maintained to meet the community needs

Conclusion

The proposed fees and charges for the Civic Centre have been developed to provide access by community groups to the new facility, in consideration of similar venues and fees and to ensure that sufficient income is derived to manage and maintain the Centre into the future.

Council is required to publicly exhibit its draft fees and charges. Public exhibition will include documents being available in all libraries, online and via advertisements in local media.

Feedback will be considered by Council prior to adoption of the fees and charges in October 2015.

 

Attachments

1.            Bega Civic Centre Draft Fees and Charges

 

Recommendation

1.         That Council note the report.

2.         That the draft fees and charges for the Bega Valley Shire - Civic Centre 2015-16 be placed on public exhibition for 28 days following the resolution.

3.         That if no submissions are received the fees and charges for the Civic Centre will be taken as adopted.

 


Council

23 September 2015

Item 9.2 - Attachment 1

Bega Civic Centre Draft Fees and Charges

 


 


Council 23 September 2015

Item 9.3

 

9.3Bega Indoor Sports Stadium Licence     

 

The licence for the management and occupation of the Bega Indoor Sports Stadium is due for renewal and accordingly a Request for Information process was recently advertised in the local media.  This report seeks Council approval to grant a further licence to the preferred applicant.  

 

Group Manager Community, Relations and Leisure  

 

Background

The Bega Recreation Ground includes the indoor sports stadium (the Stadium). As master planning is currently under way, a further short term management arrangement is required for the Stadium and accordingly advertisements appeared in the local media during April/May this year calling for ‘Requests for Information’ from organisations, individuals and sporting groups to occupy and manage the facility.

Only the one submission was received from fLiNG Physical Theatre Incorporated, who have occupied the Stadium under a licence agreement since 2009. As part of their licence arrangement, they have been required to manage the facility on behalf of Council, including its ongoing use by other sporting groups and community organisations.

The conditions of Licence relating to management of the Stadium include:

·    The licensee will have full rights to manage the day to day operation of the facility, with existing bookings by user groups to be accommodated;

·    The licensee is to receive all income generated from use of the facility to assist with meeting the cost of electricity, water consumption and other outgoings;

·    The licensee will be responsible for all routine and reactive maintenance as well as cleaning of the premises to be fit for purpose for all users;

·    The licensee will be required to supervise all casual hire of the facility, however all regular seasonal bookings will be the subject of casual hire agreements;

·    The fees for use of the facility by regular and casual hirers will be set by Council (in conjunction with the successful applicant);

·    The licensee will be required to maintain public liability insurance cover to the value of not less than $20 million dollars.   

fLiNG Physical Theatre

fLiNG Physical Theatre are a not-for-profit organisation governed by a volunteer Board and have been successfully operating since 2001. They currently employ three full time staff, two permanent part-time staff and numerous casual teachers and tutors. They offer community classes in a wide range of physical activities including contemporary dance, classical ballet, hip hop, gymnastics, parkour, acrobatics, hula hoop, fitness classes for new mothers and babies, adult and family dance classes, boys only classes and movement classes designed specifically for the over 50’s.

Having a secure base at the Stadium has been integral to enabling their organisation to grow in recent years, resulting in the expansion of their programs and the ability to offer an increasing range of activities to a broader section of the community. They have made a commitment to continue to provide programs and opportunities that encourage and engage community participation in health and fitness activities.

Council approval is being sought to offer a further Licence to fLiNG Physical Theatre Incorporated for a term of two years with a further one year option at an annual licence fee to be determined by Council, and of the proposed sliding fee scale to be charged by the licensee for hire of the facility on both a casual basis and by regular seasonal hirers.

Issues

Legal

A licence agreement has been the preferred option to authorise occupation and management of the facility as it does not provide exclusive use to the licence holder and ensures that the facility is available for use by other sporting groups and members of the community.

Due to the sportsground master planning currently underway, it is suggested that a two year licence is offered with a further one year option which does not over commit Council if a new management model for the facility is recommended in the future.  Provision has also been made in the new licence agreement documentation for Council to terminate the licence at any time by giving the Licensee six (6) months’ notice in writing if redevelopment of the Stadium is approved by Bega Valley Shire Council. fLiNG is aware of and has been involved in master planning process currently underway.

Policy

The Bega Indoor Sports Stadium is located on land classified as ‘Community Land - Sportsground’ under Section 25 of the Local Government Act. Council is authorised under its Community Land Generic Plan of Management to grant a lease or licence to a third party for the purpose of playing organised and informal sporting activities.

Asset

The Stadium is a Council owned asset and is included in Council’s Recreation Asset Management Plan and on Council’s building insurance schedule.   Any structural maintenance costs are the responsibility of Council.

It is proposed that the new Licence Agreement better define operational, routine and minor reactive maintenance being the responsibility of the Licensee as these requirements were not easily defined in the previous documentation. Structural maintenance to the building would remain the responsibility of Council as Licensor.  

Social / Cultural

There is no doubt that through the Licence Agreement fLiNG have taken ownership of the facility which in turn has seen its overall use increase from what it might otherwise have been, which leads to social and cultural benefits to the community.  It is also noted that fLiNG have taken the opportunity that comes with the increased interest they have in the facility and in turn their use has increased.

As a community facility, striking a balance between use of the facility for programs run by the Licensee and ensuring its reasonable availability for use by other sporting groups throughout the Shire is vital.  As such, the Licensee has been requested in the past to honour existing bookings by Far South Coast Hockey, Bega Volleyball Association and the Bega High School for weekly sporting programs and competitions. This requirement will remain in the new Licence Agreement.

Strategic

As noted above the master planning project for the Bega Recreation grounds site, which includes the Stadium, is currently underway. Once complete that plan will provide strategic direction for the future management of the site. 

Consultation

Several meetings have been held between fLiNG representatives and Council staff over the past 12 months to discuss the Stadium management, hire fees, maintenance recommendations etc.

The other main users of the facility being Far South Coast Hockey and Bega Volleyball Association have also been notified and consulted in regard to the new Licence Agreement. A primary issue raised by both has been the hire cost of the facility. This has been reviewed and is discussed further below.   

Financial

Several of the regular hirers have expressed concern to Council regarding the hourly hire rates being charged for use of the facility.  The indoor hockey competition has advised of a steady reduction in their members over the past two years as a direct result of increased player fees.

Research by Council staff of other similar Council owned indoor stadiums throughout New South Wales has confirmed that the current fee of $88 per hour (incl. GST) charged to regular season booking holders is at the high-end of the market. It should be noted that this fee was originally set by Council. A comparison of fees charged at other facilities is included in attachment 1. 

During discussions with fLiNG the issue of pricing using the comparisons was raised. It was noted that there was value to all stakeholders in having a clear understanding of the make-up of pricing structure. With this mind it was suggested that fLiNG consider a pricing structure from their operational perspective to provide more clarity and options for regular users in particular. fLiNG have proposed a sliding scale of fees. The fees aim to identify high cost operational items and also acknowledge differing types of uses of the facility. The pricing structure is summarised below (prices incl. GST).

Proposed fee structure

Levels of hire and usage

1.         LIGHT Use - Light use being similar to dance or Tai chi, e.g. barefoot, typically under 10 people. This is the base use rate of $22 per hour.

2.         HEAVY Use - Heavy users have a higher impact on the facility. Typically sports or large numbers of people. Additional charge $22 per hour.

3.         DAY - Day time use - i.e. no lights, no electricity. Nil additional charge

4.         NIGHT - nighttime use - i.e. lights and electricity. Additional charge $22 per hour

5.         UN-SUPERVISED - offered to those who are long term hirers and that have been issued their own key and sign and comply fully with a user agreement. Nil additional charge

6.         SUPERVISED - fully serviced, set-up, cleaned and supervised. Additional charge $27.50 per hour

The fee structure ranges from a minimum use fee of $22 per hour (day, light use, unsupervised) to a maximum fee of $93.50 per hour (night, heavy use, supervised).    

Supervision by the Licensee’s personnel is not considered necessary for regular hirers, but will be required for casual hire. To reduce the current fees regular users will be able to exclude the supervision and set up service and be fully responsible for setting up the facility to their own requirements.  A fully refundable bond will need to be required by all groups at the time of booking or upon signing of a Hire Agreement. The bond may be used by the Licensee to repair any damage directly attributable to the hirers use of the facility and for any additional cleaning requirements if not carried out to a satisfactory standard.    

The annual licence fee payable by fLiNG over the past five years has been $3,300 (including GST) per annum.  In line with Council policy and all other lease and licence agreements it is reasonable that fee should now be increased by CPI.

Unintended Consequences

The impact of unintended consequences through changes to the existing Licence Agreement and hire rates need to be carefully managed and balanced as discussed in this report. If fLiNG were to not take up the Licensee role or the venue became a fully ‘pick up the key’ type of facility the asset and the equipment in it may not be maintained as well as it currently is, and ultimately this will end up costing Council more.

Resources (including staff)

Staff time has been required to conduct the RFI process, amend the previous Licence Agreement and liaise with the existing Licensee on the process going forward.

Ongoing management of the Agreement during its term will also require Council resources in relation to structural maintenance of the building.

Operational Plan

Community Ambition A2: Facilities and services

·    Our facilities and services are strategically planned, designed and maintained to meet the community needs

Conclusion

Council staff have consulted with fLiNG and other primary users of the facility, particularly in regard to review of hire fees. Through discussions and consultation fLiNG have proposed a fee scale which can result in reduced fees to regular users if they choose to forgo supervision and set-up services. It also provides fee options to low intensity and small group users. This will make the facility more affordable for the majority of users.

 

Attachments

1.            Indoor Facilities Hire Rates Comparison

 

Recommendation

1.         That Council note the report.

2.         That Council grant a further two year licence with a one year option to fLiNG Physical Theatre Incorporated, at an annual licence fee as determined by Council.

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

4.         That the draft hire fees proposed by fLiNG included in the report for use of the facility by other user groups be advertised and placed on 28 day public exhibition period.

5.         That if written submissions are received during the exhibition period they be reported to Council. If no written submissions are received the fees and charges will be taken as adopted.

 


Council

23 September 2015

Item 9.3 - Attachment 1

Indoor Facilities Hire Rates Comparison

 

Indoor Facilities Hire Rates Comparison

 

The table below provides some comparative rates charged by other indoor facilities in the region. Not all facilities are equal in size, management models or amenity.

Local Government Area

Facility

Hire Fee

Fee Unit

Additional Power & Lighting Costs (per hour)

Set-up Fee (if required)

Bega Valley

Bega Indoor Sports Stadium

$88.00

Per hour

N/A

N/A

Bega Valley

Bermagui Indoor Sports Stadium

$3.50

Per person per session

N/A

N/A

Eurobodalla

Batemans Bay Basketball Stadium (includes regular lights)

$25.00

Per hour

$10.00

$69.00

Eurobodalla

Moruya Basketball Stadium (includes regular lights)

$25.00

Per hour

$15.00

$69.00

Eurobodalla

Narooma Sport & Leisure Centre
(includes regular lights)

$25.00

Per hour

N/A

$69.00

Bathurst

Bathurst Indoor Sports Stadium (competition hire)

$50.00

Per court
per hour

N/A

N/A

Bathurst

Bathurst Indoor Sports Stadium (school use)

$5.00

Per student
per session

N/A

N/A

Cooma

Cooma Basketball Stadium (casual hire)

$15.00

Per hour

N/A

N/A

Cooma

Cooma Basketball Stadium (school use)

$1.65

Per student per session

N/A

N/A

Mosman

Mosman Drill Hall (daytime hire)

$53.00

Per hour

N/A

N/A

Mosman

Mosman Drill Hall (evening hire)

$55.00

Per hour

N/A

N/A

Shoalhaven

Indoor Sports Centre

$8.00

Per hour

N/A

$50.00 cleaning fee per booking

Shellharbour

Shellharbour City Stadium (regular booking)

$65.00

Per hour per court

N/A

N/A

Shellharbour

Shellharbour City Stadium (Concession regular booking – school students)

$45.00

Per hour per court

N/A

N/A

Shellharbour

Shellharbour City Stadium (Casual fee per player)

$8.00

Per hour

N/A

N/A

 

 

 

 


Council

23 September 2015

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

23 September 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr McBain.  

10.1            Tourism Industry Review..................................................................................... 58


Council 23 September 2015

Item 10.1

 

10.1. Tourism Industry Review     

 

A review of the Bega Valley tourism industry is proposed for late 2015.

 

Group Manager Strategy and Business Services  

 

Background

Tourism services across the Shire typically encompass the production and distribution of information, the operation of Visitor Information Centres (VICs), product development and packaging, marketing and promotion, and industry development and support.  In the Bega Valley Shire, Council contracts Sapphire Coast Tourism Ltd to provide a number of these services, and undertake marketing and promotion.  The Shire has four accredited VICs which are operated by local organisations.  Council, through Sapphire Coast Tourism, provides some grant funding to the VICs to help offset operating costs and also provides support through rent assistance.  Development of marketing information is undertaken by Sapphire Coast Tourism, each of the VICs and their parent organisation.

Bega Valley Shire is part of the Tourism Australia/Parks Australia ‘Australia’s Coastal Wilderness’ National Landscape Program as well as part of the NSW South Coast Tourism Region.  In recent years a number of Tourism Plans and Strategies have been prepared at the both the regional and local levels, with these Plans focusing primarily on the branding and positioning of the Shire and product development in line with this positioning.  Council is identified as a key player in the implementation of these Plans and Strategies.

The size of the Shire, the pattern of settlement, varying levels of destination and operator ‘maturity’ and the limited availability of funds and resources, creates a range of challenges for delivering tourism services.  Rapid changes in technology is also impacting significantly on how visitors research destinations and products, access information and ‘purchase’ accommodation and other services.  Changing technology and a variety of other factors need to be taken into consideration in determining the most effective structure for the delivery and funding of tourism services.

Council’s current contract with Sapphire Coast Tourism expires in June 2016. Prior to the preparation of a new Tourism Services Contract, a review of the Bega Valley tourism industry is recommended to ensure that contract parameters reflect the changing needs and expectations of both the industry and the local and visiting markets.

Consultancy, Jenny Rand & Associates, tourism sector specialists have been selected to conduct a five stage review, compromising research and consultation into the following areas:

·        Review of the current structure and funding of tourism

·        Consultation with tourism service providers and Council

·        Consultation with tourism industry and other key stakeholders

·        Industry trends

·        Review and assessment of structure and funding models for the delivery of tourism services

This review will be taking place through October and November 2015 prior to the peak tourist season.

Issues

Strategic

Identified in our Community Strategic Plan is the Community Ambition Area of:

E3 - Growing our tourism opportunities: Our tourism business opportunities are enhanced, and reflect the values of the community and natural environment

Consultation

Consultation will be conducted through two streams:

·    Consultation with tourism service providers and Council, and

·    Consultation with tourism industry, the community and other key stakeholders.

Consultation with tourism service providers and Council

Consultation will be held with service providers and Council to gain their perspective on the adequacy of and issues with the current funding arrangements and the level of funding available.  Input would be sought from:

·     Sapphire Coast Tourism Executive Officer and Board

·     The Managers of each of the VICs.

·     The organisations responsible for operating each of the VICs.

·     Councillors – a workshop will be held with Councillors and Council Committees responsible for overseeing tourism and/or economic development, to explore:

Their vision for tourism in the Shire and the outcomes being sought from the sector.

Their views and perceptions on the adequacy of the existing structure and options for improvement.

Resourcing and funding considerations.

Questions / issues they consider need to be addressed as part of the Study.

Consultation with tourism industry and other key stakeholders

Given the fragmented nature of the tourism industry and the dispersed settlement pattern within the Shire, it is important to canvas a range of views relating to the current structure and effectiveness of the tourism services provided.  A suggested approach to gaining input is:

·           To hold workshops in each of the four main towns – Bermagui, Bega, Merimbula and Eden.  These workshops will be open to the general community, and also be targeted to the business and/or tourism sector.  

·        To meet with representatives of local tourism and business groups (eg Chambers of Commerce) in each of the towns and villages.  It is suggested that, at the commencement of the study, a letter be sent to each of these groups outlining the purpose of the study and seeking input. 

·        Meeting with any tourism industry associations and groups (eg Accommodation Operators Association) - as per the approach outlined above.

·        Meeting with a range of other key stakeholders (eg National Parks and Wildlife, Australia’s Coastal Wilderness Steering Committee) identified by Council and or Sapphire Coast Tourism.  This would consist of a mix of face-to-face and telephone interviews.

If considered warranted, an on-line survey could be set up on the Council and/or Sapphire Coast Tourism websites, with the survey publicised through the local media, Council’s newsletters and the Sapphire Coast Tourism member data base.

Financial

Funding source

 

Amount

Economic Development – Research Expenses

$

$15,000 plus GST and travel expenses (anticipated to be $2,000 - $3,000)

Conclusion

The Tourism Industry Review will be conducted over the months of October – November 2015 to enable informed preparation of a new Tourism Services Contract.  A review of the Bega Valley tourism industry will ensure contract parameters reflect the changing needs and expectations of both the industry and our local and visiting markets.

 

Attachments

Nil

 

Recommendation

That Council note the upcoming Tourism Industry Review which will take place over the months of October – November 2015.

   

 


Council

23 September 2015

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

23 September 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.  

11.1            Additional waste disposal vouchers.................................................................... 62

11.2            Bega Valley Local Traffic Committee 2 September........................................... 74

11.3            Pambula Merimbula Golf Club - Effluent Reuse ................................................ 75

11.4            Tender RFT 26/15 Construction Tender for Bega Civic Centre Council Chamber Fit-out          78


Council 23 September 2015

Item 11.1

 

11.1. Additional waste disposal vouchers     

 

This report recommends provision of an additional free waste disposal voucher to assist property owners with the costs of disposing of waste in an environmentally sustainable manner.

 

Group Manager Transport and Utilities  

 

Background

Council recently received a letter from the Rural Fire Service and Fire and Rescue NSW requesting Council consider providing a second waste disposal voucher to residents to assist in minimising the accumulation of vegetation from residential land. The request has been made due to an outcome of a joint meeting held between Council staff and fire authorities to discuss, in particular, the potential effects of the introduction of Council’s Clean Air, Control of Burning Procedure.

Burning of waste has been a common practice for generations in the Bega Valley. In some cases, vegetation is burned for legitimate bushfire hazard reduction on rural land. In other cases, burning is seen as an inexpensive means of waste disposal with minimal hazard reduction benefit. The cost and/or inconvenience of waste disposal are commonly cited as the reason for burning or illegally dumping waste. This has been apparent in Council’s ongoing engagement with the Wonboyn Lake community in relation to vegetation management.

Council first considered introduction of a free tipping voucher system at its meeting on 29 November 2011, and resolved to introduce a system of free tipping vouchers at its meeting on 21 November 2012. The decision to introduce vouchers was made in the context of community requests to introduce kerbside hard waste collection services. Vouchers were considered a better option than hard waste collections for a range of reasons which were detailed in those previous reports (see attachments).

This current report advocates for Council to offer a second waste voucher to further encourage appropriate and sustainable waste disposal practices, and to assist residents in meeting the costs of ensuring their properties are kept tidy and prepared for bushfire threat.

Issues

Policy

To ensure equitability, it is proposed the additional voucher is provided to all rateable assessments and allows disposal of up to 2 cubic metres of garden waste, or 1 cubic metre of general waste at no charge as per the terms and conditions of the existing voucher system (attached).

Sustainability

Appropriate disposal at Council’s waste facilities enables waste to be sustainably managed by reuse, recycling and composting. Council has improved collection and disposal services over the past decade through rationalisation of poor “legacy” landfill sites and construction of the Central Waste Facility (CWF). In addition, kerbside garbage recycling and garden waste services have been extended widely to cover over 85% of around 17,500 households within the Shire. Despite these advances, a perception remains amongst some sectors of the community that there has been a reduction in the level of waste services due to the closure of old landfill sites.

For example, the Wonboyn Lake Ratepayer’s Association has indicated that Council’s Eden waste facility is too remote from their village at approximately 40km, and has requested Council identify an alternative parcel of land on which the community can continue to burn garden waste. Whilst Council could consider identifying land for this use, careful consideration would need to be given to risk management issues, planning considerations along with the difficulty of delivering clear and consistent environmental messaging throughout the Shire.

Because adopting an inconsistent position in relation to waste burning has inherent risk, legal and policy difficulties, it is recommended Council formally adopt a position that favours sustainable waste management practices, and therefore does not take steps to provide facilities at which the community can burn waste. Such a position does not curtail legitimate hazard reduction and does not discourage property owners from being prepared for bushfire, it simply indicates burning is appropriate in some cases and not in others and Council’s Clean Air Procedure provides the appropriate framework for those decisions to be made.

As some incentive to property owners to be prepared for bush fire, it is suggested the provision of two free vouchers entitling all ratepayers in the Shire to dispose of up to four cubic metres of garden waste is a way to assist in this regard, as well as help with those who feel that distance from a waste facility is a difficulty. Two vouchers per annum should almost completely offset the costs associated with self-haul waste disposal for most households within the Shire.

Financial

The voucher take up rate over the first two years of issue has been relatively low with 4521 vouchers presented in 2012-13 and 3857 (approximate value $173,475) in 2014-15.  It is expected the take up rate will increase over time; however it is clear that with a take up rate of around 15-20% the demand for the free tipping voucher system is relatively low.

The benefit of the low take up rate is the cost in terms of foregone revenue also remains low. The voucher remains available for those that choose to use the system.  For those that do not choose to use the system there is an opportunity cost, but no real cost as the system is funded purely by waste facility operating revenues and is not financed through the domestic waste management charge.

Doubling the number of vouchers issued may result in a doubling of the cost of the system, as it is assumed those that use their vouchers would probably use two if they were afforded the opportunity. However, based on the low take up rate, the financial impact is still relatively low and similar to the original estimate of the system cost of $300k/annum

Conclusion

Council is attempting to manage a range of issues in relation to inappropriate burning and waste disposal. In addition, Council is attempting to maintain and improve its level of service in relation to waste management. Burning of waste has no place in developed systems of waste management; however bona fide hazard reduction activity is both necessary and encouraged.

It is up to Council to balance the differing needs of local communities in a sustainable and equitable manner. By adopting the Clean Air Procedure as the decision making framework in relation to burning and issuing two annual waste vouchers, Council would provide additional incentive and benefit to those who genuinely wish to keep their properties well maintained and in a state that may reduce fire risk.

 

Attachments

1.            Hard Waste Collection Services at Eurobodalla Shire Council

2.            Discussion on a Waste Disposal Voucher System Presented to Council 29.11.2011

3.            Waste Disposal Vouchers Terms & Conditions

 

Recommendation

1.         That Council increases the annual issue of free waste disposal vouchers from one to two per year and additional vouchers are provided to all rateable assessments.

2.         That the waste vouchers are issued with the first and third quarter rates notices each year.

3.         That one of the benefits of the waste vouchers is they are a means of assisting residents to prepare their properties for bushfire and are promoted as such.

4.         That the waste vouchers are deemed to compensate remote villages adequately for the inconvenience and cost of disposing of garden waste at a waste facility.

 


Council

23 September 2015

Item 11.1 - Attachment 1

Hard Waste Collection Services at Eurobodalla Shire Council

 


 


Council

23 September 2015

Item 11.1 - Attachment 2

Discussion on a Waste Disposal Voucher System Presented to Council 29.11.2011

 


 


 


 


 


Council

23 September 2015

Item 11.1 - Attachment 3

Waste Disposal Vouchers Terms & Conditions

 


 


Council 23 September 2015

Item 11.2

 

11.2. Bega Valley Local Traffic Committee 2 September     

 

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held on 2 September 2015.

 

Group Manager Transport and Utilities  

 

Background

The Bega Valley Local Traffic Committee held a meeting on 2 September 2015, 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

 

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on the 2 September 2015 and approve the following;

Installation of No Stopping Zone signs at Lagoon Street, North Bega

1.       That Council approves the installation of “No Stopping” zone along the southern side of Lagoon Street commencing at its intersection with the access driveway to the Bega Cheese Heritage Centre in a westerly direction for a distance of 133 metres.

2.       That Council approves the installation of a “No Stopping” zone opposite the Bega Cheese Heritage Centre for a total distance of 24 metres.

Motor Bike parking Newtown Road, Bega

1.      That Council approve the installation of 4.2 metres of parking – Motor Bikes only between the access driveways to No. 154 and No. 152 Newtown Road.

 


Council 23 September 2015

Item 11.3

 

11.3. Pambula Merimbula Golf Club - Effluent Reuse       

 

Pambula Merimbula Golf Club has requested Council provide financial support for renewal of their golf course effluent irrigation infrastructure. This report provides updated information regarding other subsidy funding opportunities that have become available to the Club.  

 

Group Manager Transport and Utilities  

 

Background

On 1 July 2015 Council resolved:

1.         That Council approve the provision of $150K upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system.

2.         That Council subsidy funding be provisional on the Pambula Merimbula Golf Club successfully attaining National Stronger Regions subsidy funding of $500K and Council being satisfied as to the standard of infrastructure provided.

The Pambula Merimbula Golf club has now indicated they will be submitting for funding under the 2015/16 Club Grants Category 3 Fund, as an alternate subsidy funding source, should their application for National Stronger Regions Funding be unsuccessful. 

The Club has asked for Council’s support and commitment of up to $150K limited subsidy for the Club Grants Application in line with the resolution to support their NSRF application.

Issues

Environmental

There are substantial positive environmental benefits that arise from beneficial effluent reuse. Effluent reuse on PMGC results in 20% of plant effluent being reused beneficially on land as opposed to disposal at sea.

Sustainability

Effluent reuse on PMGC supports sustainability goals by significantly reducing the use of drinking water for irrigation purposes.

Asset

The irrigation system is wholly owned and operated by the Club.

Strategic

BVSC has an adopted strategic position of supporting effluent reuse across the Shire. Works recently completed include $4 million effluent disinfection facilities at Eden and Tura. Future capital works include improvements to effluent reuse facilities at Bermagui and in the Merimbula/Pambula area as identified in the Water Supply and Sewer Strategic Business Plan.

Consultation

Substantial discussions have taken place between Councillors, staff and PMGC.

Financial

PMGC is seeking $150K subsidy funding from BVSC towards construction of the irrigation system. It should be noted that effluent reuse capital works are theoretically, not funded until 2019, as per the Long Term Financial Plan. Importantly, the works proposed by PMGC (particularly the expansion component) are the type of works envisaged to be funded by BVSC commencing in 2019.

The report of 1 July 2015 detail additional financial matters of relevance.

Funding source

 

Amount

Sewer Fund New Works Reserve

$

150,000

Resources (including staff)

Nil resource issues as the proposed irrigation infrastructure is not a BVSC asset.

Operational Plan

The Operational Plan lists a number of initiatives associated with effluent reuse and disposal associated with Bermagui and Merimbula treatment plants.

Conclusion

PMGC has beneficially reused treated effluent from Merimbula STP for over 30 years. During this time a productive relationship has developed between BVSC and PMGC and this has resulted in an average of 20% of plant effluent being beneficially reused annually.

The proposed $150K Council subsidy will be utilised in the same manner as described in the 1 July 2015 report, noting that there now exists an alternative majority funding partner (2015/17 Club Grants Category 3 Fund). To conclude, the financial contribution from Council remains at $150K regardless of which majority subsidy funding source the Club is able to secure. 

 

Attachments

1.            Pambula Merimbula Golf Club  Irrigation Upgrade and Expansion Project letter

 

Recommendation

1.         That Council (approve/not approve) the provision of $150,000 upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system.

2.         That Council subsidy funding be provisional on the Pambula Merimbula Golf Club successfully attaining NSW 2015/16 Club Grants Category 3 subsidy funding of $500,000.

 


Council

23 September 2015

Item 11.3 - Attachment 1

Pambula Merimbula Golf Club  Irrigation Upgrade and Expansion Project letter

 


Council 23 September 2015

Item 11.4

 

11.4. Tender RFT 26/15 Construction Tender for Bega Civic Centre Council Chamber Fit-out     

 

At its meeting on 12 August 2015, Council determined that negotiations be conducted with a nominated builder for the fit-out work of the new Bega Civic Centre Council Chamber. This report is prepared to advise Council of the outcome of the negotiation.

 

 

Group Manager Transport and Utilities  

 

Background

Council at its ordinary meeting of the 22 July 2015 considered the tender evaluation for RFT 26/15 Bega Civic Centre Council Chamber Fit-out at Zingel Place, Bega.    Council will recall that although publicly advertised and with 19 documents issued, no submissions were received.  As a consequence Council resolved in meeting to invite Tenders from 3 selected builders. No acceptable Tenders were received and Council at its meeting of the 12 August 2015 resolved as follows;

1.         That Council declines to accept any tenders in relation to contract for works as described in RFT26/15 as no tender received complied with the requirements of the tender documents nor offered acceptable value for this project.

2.         That Council not invite fresh tenders having already done so and that inviting of fresh tenders would unacceptably extend the time for commencement of the works.

3.         That Council enter into negotiations with Grant Dowdle Building Pty Ltd for the fit out of the new Bega Civic Centre Chamber as this will provide Council with the most direct and cost effective project delivery.

4.         That authority be delegated to the General Manager to execute all necessary documentation following successful negotiation for RFT 26/15 Bega Civic Centre Council Chambers.

5.         That Councillors be notified of the outcome of the negotiations when finalised.

Accordingly, negotiations were entered into with Grant Dowdle Building Pty Ltd  

Issues

Legal

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Financial

Funding source

 

Amount

41270.4100.4105 Halls Infrastructure Renewal Buildings

$

250,000.00 

Resources (including staff)

Transport and Utilities Group staff will manage this project.

Conclusion

Negotiations were immediately commenced with Grant Dowdle Building Pty Ltd as recommended.  In consultation with Council officers this builder evaluated the fit-out requirements, approached a number of alternative suppliers and has submitted an acceptable offer dated 8 September 2015 of $177,033.57 incl. GST

 

Attachments

Nil

 

Recommendation

1.         That Council note the negotiated offer from Grant Dowdle Building Pty Ltd for $177,033.57 incl. GST and subject to variations and provisional amount.

2.         That Council endorse the General Manager’s actions in awarding Tender 26/15 Bega Civic Centre Council Chambers Fit-out to Grant Dowdle Building Pty Ltd.

  

 


Council

23 September 2015

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

23 September 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.  

12.1            Councillor Portfolios, Agenda and Reporting Theme areas............................... 82

12.2            Committee and Panel Delegates and Representatives...................................... 88

12.3            Gift Register - September 2014 to August 2015................................................. 93

12.4            Councillor Development Program.................................................................... 106

12.5            Delegations Register - Part 1............................................................................ 109

12.6            Applications for Financial Assistance: Section 356
First Quarter 2015/2016...................................................................................
128

12.7            Joint Organisations and update drafting an MoU with Eurobodalla Shire Council 130

12.8            Review of South East Regional Academy of Sport (SERAS) Structure and Constitution 149


Council 23 September 2015

Item 12.1

 

12.1. Councillor Portfolios, Agenda and Reporting Theme areas     

 

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

 

General Manager  

 

Background

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

In October 2014 it was resolved the reporting areas would be included in the Council Agenda:

·    Staff Reports:  Planning and Environment (Sustainability)

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

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

·    Staff Reports:  Infrastructure Waste and Water (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

Issues

Legal

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

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

Terms of Reference – Portfolio/Report Sections

Planning and Environment (Sustainability)

Objective:

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

Terms:

Consider, review, prioritise and resolve:

·   Development applications outside staff delegations;

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

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

·   Function service standards, levels of service and hierarchies;

·   Policies, principles and guidelines relating to

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

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

·    Recommendations from related reference panels;

·    Minutes and recommendations from related advisory committees.

·    Related matters outside staff delegations.

Community, Culture and Leisure (Liveability)

Objective:

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

Terms:

Consider, review, prioritise and resolve:

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

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

·    Function service standards, levels of service and hierarchies;

·    Policies, principles and guidelines in relation to

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

·    library, gallery and cultural services

·    Communication between the Council agencies and the community;

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

·    Awards for honorary and voluntary civic service;

·    Civic events, festivals and celebrations;

·    Recommendations from related reference panels;

·    Minutes and recommendations from related advisory committees;

·    Related matters outside staff delegations.

Economic Development and Business Growth (Enterprising)

Objective:

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

Terms:

Consider, review, prioritise and resolve:

·    Strategic business and property plans and reports;

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

·    Economic development, education, marketing and tourism;

·    Function service standards, levels of service and hierarchies;

·    Policies, principles and guidelines in relation to

·    business growth, land investment, tourism;

·    Minutes and recommendations from related advisory committees;

·    Recommendations from related reference panels;

·    Related matters outside staff delegations.


 

Infrastructure Waste and Water (Accessibility)

Objective

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

Terms:

Consider, review, prioritise and resolve:

·    Capital works program;

·    Tenders for capital works and plant;

·    Asset standards, levels of service and hierarchies;

·    Asset acquisition and disposal;

·    Policies, principles and guidelines in relation to

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

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

emergency services;

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

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

·    Infrastructure grant funded projects;

·    Minutes and recommendations from related advisory committees;

·    Recommendations from related reference panels;

·    Related matters outside staff delegations.

Governance and Strategy (Leading Organisation)

Objective:

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

Terms:

Consider, review, prioritise and resolve:

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

·    Function service standards, levels of service and hierarchies;

·    Policies, principles and guidelines relating to

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

·    Organisation structure and staff resources;

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

·    External and internal audit;

·    Recommendations from related reference panels;

·    Minutes and recommendations from related advisory committees;

·    Related matters outside staff delegations.

Finance (Leading Organisation)

Objective:

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

Terms:

Consider, review, prioritise and resolve:

·    Council’s Annual Operating Budget;

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

·    Council’s Quarterly Budget Review Statements;

·    Reports on Council’s investments;

·    Year-end financial reporting including audit;

·    Community Strategic Plan related financial reporting;

·    Investments and loan programs and policies;

·    Council’s Long Term Financial Plan.

 

Attachments

Nil

 

Recommendation

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

·    Staff Reports:  Planning and Environment (Sustainability);

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

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

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

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

·    Staff Reports:  Finance (Leading Organisation).

2.    That Council note the objective and terms of reference for each portfolio.

3.    That all Councillors be members of the Standing Committees

4.    That the following Councillors be nominated to facilitate each Portfolio:

·    Cr (insert name) Staff Reports:  Planning and Environment (Sustainability);

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

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

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

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

·    Cr (insert name) Staff Reports:  Finance (Leading Organisation).

 


Council 23 September 2015

Item 12.2

 

12.2. Committee and Panel Delegates and Representatives     

 

Council appoints its delegates/representatives to various committees, panels and associations annually following the Mayoral election.

 

General Manager  

 

Background

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

It is suggested Council should determine the delegate/s and representative/s for the period until September 2016.

S355 and Advisory Committees

s355 and Advisory Committees are established by Council to perform certain functions on behalf of Council. These may include management of assets, performance of services, or joining with other organisations (such as ROCs) to provide large scale services or projects.

s355 and Advisory Committees are obliged to observe the adopted Code of Meeting Practice, and where appropriate, members nominate areas of pecuniary interest. The Committees, through staff, publish minutes on Council’s website and are accessible to the public under Government Information Public Access Act (GIPA) legislation. Relevant recommendations of those Committees, relating to financial, asset or policy matters, are reported through staff to Council meetings for consideration.

Reference Panels

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

Committee chairs and relevant staff participate in meetings of any such constituted Panel, and incorporate key opinions and advice of those Panels into staff or delegates reports to Council.

Statutory Appointments

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

 

Section 355 Committee/Panel

Delegate/Representative 2014/15

 Delegate/Representative 2015/16

Access Committee

Cr Tapscott

 

Business Growth Committee

Cr McBain, Cr Fitzpatrick

 This committee has not been formed and it is proposed to alter the format following adoption of the economic development strategy.

Coastal Planning and Management Panel

Cr Hughes, Cr Taylor

 

General Cemetery Management Committee

Cr Tapscott

 

General Halls Management Committee

Cr Mawhinney

 

General Sportsground Committee

Cr Britten, Cr Allen

 

Internal Audit Committee

Cr Mawhinney

 

Youth Council

 Cr Seckold

 

 

 

Internal or Community Committee/Panel

Delegate/Representative 2014/15

Delegate Representative 2015/2016

Bega Valley Medallion Committee

Cr Britten

 

Bega Valley Shire "On Track" Committee

Cr Seckold

 

Central Waste Facility Community Consultation Committee (CWFCCC)

Cr Britten, Cr Taylor

 

Communications and Community Engagement Reference Group

Cr Mawhinney

 

Community Environment Grants Committee

Cr Hughes, Cr Mawhinney

 

Heritage Grants Committee

Cr Hughes, Cr Seckold

 

Integrated Water Cycle Management Reference Panel

Cr Hughes, Cr Taylor

 

Internal Finance Committee

Chair: Cr Britten   Cr Delegates:  All other Councillors

 

Local Traffic Committee &Traffic Development Advisory Committee

Cr Taylor

 

Police Liaison Committee

Cr Britten

 

 

External Groups Committee/Organisation

Delegate/Representative 2014/15

Delegate Representative 2015/2016

Australian Coastal Councils Association Inc (formerly National Sea Change Taskforce)

Cr Britten (member of the Board)

 

Batemans Marine Park

Cr Hughes

 

Bega Valley Bush Fire Management

Cr Tapscott

 

Bega Valley Business Forum

Cr McBain

 

Biamanga National Park

Cr Hughes

 

Country Mayor’s Association

N/A

Mayor

Local Government NSW (voting delegates)

Cr Britten, Cr Mawhinney, Cr Taylor

 Cr Britten, Cr McBain and Cr Seckold as resolved 22 July 2015

Mumbulla Foundation

Cr Taylor

 

NSW Public Library Association

Cr Mawhinney

 

Sapphire Coast Tourism Limited Board

Cr Tapscott

 

South East Arts

Cr Mawhinney

 

South East Australian Transport Strategy (SEATS)

Cr Taylor

 

South East Joint Organisation of Councils (if/when constituted)

N/A

 

South East Region of Councils (SEROC)

Cr Britten, Cr Taylor

Resolved not to join as Council supports recommendation in Fit for the Future reform package, group has moved to become Canberra Joint Region. Council will await outcome of local government review and is developing an MOU with Eurobodalla Council

South East Regional Academy of Sport

Cr Seckold

 

Southern Councils Group

Cr Britten, Cr Taylor

Wound Up 30/6/15

Southern Joint Regional Planning Panel

Cr Taylor, Cr McBain / Cr Allen (Alt), Cr Britten (Alt)

 

 

 

Attachments

Nil

 

Recommendation

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

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

Section 355 Committee/Panel

 Delegate/Representative 2015/16

Access Committee

 

Business Growth Committee

 This committee has not been formed and it is proposed to alter the format following adoption of the economic development strategy.

Coastal Planning and Management Panel

 

General Cemetery Management Committee

 

General Halls Management Committee

 

General Sportsground Committee

 

Internal Audit Committee

 

Youth Council

 

 

Internal or Community Committee/Panel

Delegate Representative 2015/2016

Bega Valley Medallion Committee

 

Bega Valley Shire "On Track" Committee

 

Central Waste Facility Community Consultation Committee (CWFCCC)

 

Communications and Community Engagement Reference Group

 

Community Environment Grants Committee

 

Heritage Grants Committee

 

Integrated Water Cycle Management Reference Panel

 

Internal Finance Committee

 

Local Traffic Committee &Traffic Development Advisory Committee

 

Police Liaison Committee

 

 

External Groups Committee/Organisation

Delegate Representative 2015/2016

Australian Coastal Councils Association Inc (formerly National Sea Change Taskforce)

 

Batemans Marine Park

 

Bega Valley Bush Fire Management

 

Bega Valley Business Forum

 

Biamanga National Park

 

Country Mayor’s Association

Mayor

Local Government NSW (voting delegates)

 Cr Britten, Cr McBain and Cr Seckold as resolved 22 July 2015

Mumbulla Foundation

 

NSW Public Library Association

 

Sapphire Coast Tourism Limited Board

 

South East Arts

 

South East Australian Transport Strategy (SEATS)

 

South East Joint Organisation of Councils (if/when constituted)

 

South East Region of Councils (SEROC)

Resolved not to join as Council supports recommendation in Fit for the Future reform package, group has moved to become Canberra Joint Region. Council will await outcome of local government review and is developing an MOU with Eurobodalla Council

South East Regional Academy of Sport

 

Southern Councils Group

Wound Up 30/6/15

Southern Joint Regional Planning Panel

 

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

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

 


Council 23 September 2015

Item 12.3

 

12.3. Gift Register - September 2014 to August 2015     

 

Council is required to report on Council’s Gift Register under Council’s Code of Conduct.

 

General Manager  

 

Background

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

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

Issues

Legal

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

Policy

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

Personal Benefit

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

Gifts and benefits

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

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

Token gifts and benefits

Generally speaking, token gifts and benefits include:

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

·   the discussion of official business

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

·   conferences

·   council functions or events; and

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

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

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

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

e) prizes of token value;.

Gifts and benefits of value

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

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

You must not:

·   seek or accept a bribe or other improper inducement;

·   seek gifts or benefits of any kind;

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

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

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

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

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

Improper and undue influence

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

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

Conclusion

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

 

Attachments

1.            Gift Register  1 September 2014 to 31 August 2015

 

Recommendation

That Council note the Gift Register activities since September 2014.

 


Council

23 September 2015

Item 12.3 - Attachment 1

Gift Register  1 September 2014 to 31 August 2015

 


 


 


 


 


 


 


 


 


 


Council 23 September 2015

Item 12.4

 

12.4. Councillor Development Program     

 

A proposed Councillor Development Program is outlined for the 2015/2016 year for consideration.

 

General Manager  

 

Background

Councillors have been afforded the opportunity for training and development through consultation with the General Manager. This allows Councillors to develop their skills and understanding of the work or local government and the roles and responsibilities of elected officials. Councillors also gain an understanding of best practice and emerging trends in specific fields relevant to the work and priorities of this Council.

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

It has been identified that providing a Councillor Development Program for the full year, in advance, will enable most training and development opportunities to be reviewed by Councillors in one instance, therefore eliminating the repetition of resolving attendees at separate Council meetings.  Opportunities that arise during the year that have not been considered in this report will be reported to Council on a case by case basis.

Councillor Development Program

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

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

Councillor Delegate Representation

At the Council Meeting on 23 September 2015, the delegates and representatives for Council Committees and Panels will be resolved.

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

This is detailed in the table below:

Date

Program

Attendees

Status

7 October 2015

Women in Local Government NSW Leadership Summit

 

 

11-13 October 2015

Local Government NSW Conference

Crs Britten, McBain & Seckold

General Manager delegate

Resolved 22/7/15 Attendance and Voting Delegations

17-19 November 2015

Australian Public Sector Anti-Corruption Conference (Brisbane)

 

To be resolved

March 2016

LG Government NSW Tourism Conference (venue not yet determined)

 

To be resolved

March 2016

Australian Local Government Women’s Association (Gunnedah)

 

To be resolved

May 2016

Australian Coastal Council's Conference, Perth

Cr Britten if re-elected as a NSW delegate

To be resolved

June 2016

Australian Local Government Association National General Assembly (Canberra)

 

To be resolved

August/September 2016

NSW Water Conference (to be determined)

 

 

 

In-house training and workshops

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

Financial

The 2015/16 Budget provides for $68,500 for elected officials expenses.  This covers food and catering, IT Facilities, Councillors CPD development and delegate’s expenses (for attending conferences and meetings in their role as Councillors).

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

 

Attachments

Nil

 

Recommendation

1.         That Council note the Councillors’ Development Program for 2015/16.

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

Date

Program

Attendees

7 October 2015

Women in Local Government NSW Leadership Summit

 

11-13 October 2015

Local Government NSW Conference

Crs Britten, McBain & Seckold

General Manager delegate

17-19 November 2015

Australian Public Sector Anti-Corruption Conference (Brisbane)

 

March 2016

LG Government NSW Tourism Conference (venue not yet determined)

 

March 2016

Australian Local Government Women’s Association (Gunnedah)

 

May 2016

Australian Coastal Council's Conference, Perth

Cr Britten if re-elected as a NSW delegate

June 2016

Australian Local Government Association National General Assembly (Canberra)

 

August/September 2016

NSW Water Conference (to be determined)

 

 

 

 


Council 23 September 2015

Item 12.5

 

12.5. Delegations Register - Part 1     

 

Part 1 of Council’s Register of Delegations is required to be regularly reviewed.

.General Manager  

 

Background

As part of its requirement under the Section 377 of the Local Government Act (1993) (the Act), Part 1 of Council’s Delegations Register was reviewed and updated to incorporate a number of required changes in December 2014. Part 1 of the register includes delegations to the following individuals/parties:

i.    Councillors

ii.   The Mayor

iii.  Standing Committees

iv.  Section 355 Committees

v.   The General Manager

Part 1 sets out the general powers of the Council to delegate in accordance the Act.  A copy of this section of the register is attached to this report.  Once considered by Council and approved, a copy of Part 1 will be made available to all stakeholders by way of uploading on to Council’s webpage.

Part 2 of the register, which sets out the delegations of staff, is currently being updated.

The review of the register in December 2014 reflected the recommendations made by Council’s Internal Audit committee.

Issues

Policy

The review of the Delegations Register is relevant on a policy level as it will ensure compliance with Council’s policy and procedure framework.  As per the requirements of the Act, Council must undertake a review of its policies within 12 months of its election.  The extent of the review extends to Council’s Delegations Register. Council has annually reviewed its delegations since the 2012 election. This usually occurs at the time of the annual Mayoral election.

Procedures are reviewed on a two-year cycle or as specified by particular legislation or other factors relevant to a Council activity. 

The Act requires Council’s Delegations Register to be reviewed quarterly which is done by Council staff and reported through the Operational Planning process. 

The Register attached to this report is reviewed on this basis. 

The Executive Manager Organisational Development and Governance is responsible for instigating the quarterly review of the Register.  The review is coordinated in consultation with the Governance Coordinator, who oversees the review of all corporate documents, including the Delegations Register.

To facilitate the maintenance and review of the Delegation Register, the document is included in Council’s Document Control Register, which records pertinent details of corporate documents such as creation date, version number, review date and responsible personnel. 

Conclusion

The review and maintenance of Council’s Delegation Register, Parts 1 and 2 is a high priority for the Organisational Development and Governance Team and thus has been incorporated into its document control register.  A system of review has been established to facilitate the quarterly review of Council’s Delegation Register.

No changes to the document have been required since it was adopted by Council in December 2014.  The document is presented at this meeting for noting by Council.

 

Attachments

1.            Register Delegations Part1

 

Recommendation

That Council adopt the current version of Part 1 of the Delegations Register.

 


Council

23 September 2015

Item 12.5 - Attachment 1

Register Delegations Part1

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 23 September 2015

Item 12.6

 

12.6. Applications for Financial Assistance: Section 356
First Quarter 2015/2016
     

 

Applications for Financial Assistance – Community Partnership Fund - under Section 356 of the Local Government Act 1993 have been received for the first quarter of 2015/2016.

 

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 1993.

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 over the period from 29 April 2015 to 8 September 2015.

The applications received for this quarter are:

Applicant

Detail of Request

In-Kind Request

Cash Request

Total Request

Eden Whale Festival

 

Contribution for the 2015 Eden Whale Festival. Request for $7000.00 in cash and $460.00 of ‘in kind’ support for traffic management barriers and cleaning of amenities etc.

$460.00

$7000.00

 

 

$7460

Merimbula Tourism

Contribution to NYE Fireworks pyrotechnics costs for 2 firework displays, plus entertainment and some infrastructure. “In-Kind” for traffic barriers.

$550.00

$15000.00

 

 

$15,550

Eden Chamber of Commerce

Eden NYE Fireworks payment to subcontractor for pyrotechnics displays.

0.00

$5000.00

 

$5,000

Bega Show-jumping Club

Contribution to hire of showground fees for the 2015 Bega Show-jumping Cup.

0.00

$2000.00

 

$2,000

Merimbula Gift

Water, trophies, programs/flyers, official timekeepers payment for 2015 Merimbula Gift (running race).

0.00

$2000.00

 

$2,000

Friends of the Bega Hospital

Running costs for 2015 Spring Festival (promotion, equipment hire, food, entertainment). “In-Kind” for printing of flyers and traffic barriers.

$650.00

$2000.00

 

 

$2,650

Tathra Uniting Church

Improvement of infrastructure – contributing to 50% of costs for upgrading fence between Tathra Hall and Tathra Uniting Church.

0.00

$945.00

 

 

$945

Issues

Legal

The allocation of funds requested is 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 Council’s Policy 5.15 Requests for Assistance and Council’s 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 its adopted Community Strategic Plan.

Financial

The Table below shows the opening balance of the budget item as of 1 July 2015:

Funding source – Governance and Executive – operating costs - donations

Amount

Balance as at 1/7/15

$

212,000.00

Less Resolution of Council Meeting 1/7/15 Item 13.2 Twyford Hall

$

-6,616.50

Less Resolution of Council Meeting 1/7/15 Item 22.2 Closed Session

$

-2000.00

Less General Manager Approvals 1/7/15 to 7/9/15

$

-5,543.00

Available Balance (not including current applications detailed in confidential attachment)

$

197,840.50

The funds available to date are $197,840.50.

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.  Councillors have been provided with more detailed information regarding the applications via a separate Confidential Memorandum.

 

Attachments

Nil

 

 Recommendation

1.    That Council accept the recommendations as outlined in the confidential memorandum (circulated under separate cover).

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 23 September 2015

Item 12.7

 

12.7. Joint Organisations and update drafting an MoU with Eurobodalla Shire Council     

 

Council resolved its intention to enter into a Memorandum of Understanding (MOU) with Eurobodalla Shire Council. This report presents an update on how best to progress the MOU and follows release by the Office of Local Government of a discussion paper on Joint Organisations of Council.

 

General Manager  

 

Background

Council at its meeting on 2 September 2015 resolved:

“That a Memorandum of Understanding be developed by the General Managers of Bega Valley and Eurobodalla Shire Councils and that a report be presented to Council at its meeting on 23 September 2015 outlining the areas for cooperation and joint initiatives.”

On Thursday 10 September the Office of Local Government released its Emerging Directions Paper on Joint Organisations. The Mayor and General Manager attended a workshop on Joint Organisations coordinated by LGNSW with the Office of Local Government and NSW Premiers Department also in attendance on Friday 11 September 2015. Submissions on the Emerging Directions Paper are required by 16 October 2015. A copy of the Directions Paper is attached to this report.

The Directions Paper refers to the learnings from the pilot joint organisation programs which have been operating as part of the Fit for the Future program. Key areas requiring comment include:

·    purpose, principles and functions

·    core functions

·    regionally defined functions

·    entity and powers

·    governance and accountability

·    other considerations

A draft submission document will be circulated to Councillors prior to the Council meeting for consideration.

Following this consultation a Joint Organisation Working Framework Paper will be released for discussion later this year. The Office of Local Government proposes that the final model for Joint Organisation will then be released in early 2016 to inform Cabinet and any legislation amendments.

It is timely that Eurobodalla and Bega Valley Shire Councils are working through developing an alliance in this period and it is seen as appropriate to finalise a draft document over the next four months to ensure that the directions from the OLG and Premiers are considered. Critically areas such as:

·    identifying issues regional in nature and which must be responded to regionally – the alliance will offer opportunity for regional South Coast advocacy, strategic planning and implementation

·    building a dynamic relationship between our population centres 

·    driving a model that reflects the needs of South East NSW and the two LGAs which have many common characteristics and alignment with State Government regional boundaries

·    working within the OLGs framework for building joint organisations of councils

·    building on current arrangements

·    aligning with State and Federal agencies for strategic planning and program coordination and regional strategic planning

·    inter-governmental collaboration; and

·    regional leadership and advocacy.

In order to develop a meaningful alliance time needs to be dedicated to developing a model that works for both Councils and their communities and ensures key outcomes are achieved. This also needs to happen in a timely manner within the current environment of local government reform.

A committee with elected representatives from both Councils supported by the General Managers should be established to report back to the December meetings of both Councils with a draft document. A workshop attended by all Councillors could be held to coincide with the Leadership Forum planned for early December to work through the document prior to formal consideration by the Councils.

Issues

Governance

Since 30 June 2015 Bega Valley Shire Council has not been a member of a regional organisation of councils pending outcomes from the local government reform process expected later this year.  Eurobodalla is currently a member of the Canberra Region Joint Organisation.

As a member of the former Southern Councils Group, Bega Valley Shire participated in a number of joint processes and projects. Council had also participated in appointing a panel of code of conduct reviewers with SCG councils.

The Local Government Review Panel (LGRP) recommended that Bega Valley Shire Council (BVSC) become a member in the South East Joint Organisation of Councils. The other member Councils were to be Eurobodalla, Cooma Monaro, Snowy River and Queanbeyan. These Councils are currently members of SEROC/CRJO which also includes a number of inland Shires. Eurobodalla and Bega Valley Shire Councils share many characteristics and there are a number of synergies in administrative and process activities with a number of strategic and policy areas that are common.

Establishing a working party with elected representatives and staff to further develop a draft document for consideration will ensure all relevant matters can be addressed with appropriate engagement of the elected bodies.

It is proposed that the Mayor, a Councillor and the General Manager of each Council form the working party.

Policy

The development of an appropriate MOU provides both Councils the opportunity to:

·    deliver enhanced and value for money services to the community

·    plan for long term community and transport infrastructure

·    advocate on significant community issues; and

·    plan for a more sustainable future.

The approach and operational framework would be developed by the working party aiming to reduce administrative burden and ensure that the MOU can be achieved within existing resources.

The Joint Organisations Emerging Directions Paper and the presentations from the recent workshop and the upcoming release of Fit for the Future determinations and Joint Organisation Framework Paper expected later this year will provide a valuable framework for the development of the draft document for Council.

Conclusion

The resolution of Council from 2 September 2015 is timely in that developing an alliance via an adopted memorandum of understanding will provide clarity for the two Councils to guide working together. The ongoing evolution of the State Government’s model for stronger collaboration must guide the work we are doing locally. It is timely to establish a working party and for both Councils to have input into the proposed alliance.

 

Attachments

1.            Fit for the Future Joint Organisations Emerging Directions Paper

 

Recommendation

1.         That Council note the report on the next stage of developing an alliance with Eurobodalla Shire Council.

2.         That Council endorse the Mayor and Cr (name to be inserted), and General Manager to form the Bega Valley Shire nominees to the working party to develop a draft for consideration.

3.         That Council endorse the draft submission to the Office of Local Government on the Joint Organisations Emerging Directions Paper.

 


Council

23 September 2015

Item 12.7 - Attachment 1

Fit for the Future Joint Organisations Emerging Directions Paper

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 23 September 2015

Item 12.8

 

12.8. Review of South East Regional Academy of Sport (SERAS) Structure and Constitution     

 

The South East Regional Academy of Sport (SERAS) has recently undergone a review with involved Councils and the NSW Department of Sport and Recreation.

 

General Manager  

 

Background

Bega Valley Shire Council is one of eight local government regions who have supported the South East Regional Academy of Sport (SERAS) since its establishment in 2002.  Council has a Councillor representative on the Board of SERAS and Council has financially supported SERAS over the period with the current annual allocation of $13,303.60.

The NSW Department of Sport and Recreation has recently reviewed the performance criteria for all academies of sport in NSW and issued a show cause notice to SERAS. The show cause is in relation to the mechanics of its operations, its governance and risk procedures and will assess in due course its financial sustainability. In the interim Goulbourn Council has offered SERAS office accommodation at their Council offices.

Mayors from the member Councils (Yass, Goulburn, Bega, Queanbeyan and Eurobodalla (with Bombala, Upper Lachlan and Cooma by phone)) met with the SERAS Board Chair, Mick Mayhew, and Executive Officer, Gary Lane, in Queanbeyan on Monday 7 September to participate in the review process. The Department is intending to advise SERAS around 15 September of its detailed findings and in the interim following the meeting of Mayors, has decided to recommend to all councils a way forward. Any updated advice will be provided t Councillors when received.

There was a commitment by all present to continue to support SERAS and the Executive Officer and to work towards a model that satisfies both Local Government Act requirements and the NSW Department of Sport and Recreation.

The "show cause" notice and the subsequent meeting with the Department concentrated on three main issues being governance, financials and risk. To address these three key issues those present agreed to a number of actions. To:

1.         Advise NSW Department of Sport and Recreation of the councils proposed way forward at the earliest opportunity once all eight mayors agree

2.         Address the Department's concerns by remodelling the constitution to more clearly define objectives, membership (including LGAs and other members from time to time who meet membership criteria)

3.         Define the composition of the directors of the Board and their eligibility requirements

4.         Make provision for the ability for the organisation to co-opt from member councils staff skills from time to time to assist the Board in governance, risk, accounting and legal issues

5.         Submit the remodelled the Constitution to the department for approval by December 2015 to be in operation for 1 January 2016

6.         Address the funding needed for long term sustainability however in the short term Goulburn has offered to assist the Executive Officer and a meeting with both parties is scheduled shortly.

It is important to note that those present agreed to commit to the funding model requested that was made to each council this year at 40 cents per capita. This support is integral to the financial sustainability of SERAS and will ensure projected budgeted programs are delivered.

It was agreed each Mayor seek council approval accordingly and the Department also be informed pending council approvals.

A suggested motion and supporting background that would support the process is outlined in below, as recommended following the meeting attended by the Mayor Cr Britten.

 

Attachments

Nil

 

Recommendation

1.         That Council advise NSW Department of Sport and Recreation of the councils' proposed way forward at the earliest opportunity once all eight Mayors agree.

2.         That Council address the Department's concerns by remodelling the Constitution to more clearly define objectives and membership (including LGAs and other members from time to time who meet membership criteria).

3.         That Council define the composition of the directors of the Board and their eligibility requirements.

4.         That Council make provision for the ability of the organisation to co-opt from member councils staff skills from time to time to assist the board in governance, risk, accounting and legal issues.

5.         That Council submit the remodelled Constitution to the department for approval by December 2015 to be in operation for 1 January 2016.

6.         That Council address the funding needed for long term sustainability however in the short term Goulburn has offered to assist the Executive Officer and a meeting with both parties is scheduled shortly.

   

 


Council

23 September 2015

 

Staff Reports –  Finance (Leading Organisation)

 

23 September 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Hughes.

13.1            Referral of 2015 Financial Statements to Audit................................................ 152

13.2            Certificate of Investments made under Section 625 of the Local Government Act, 1993         154


Council 23 September 2015

Item 13.1

 

13.1. Referral of 2015 Financial Statements to Audit     

 

In accordance with Section 413 of the Local Government Act 1993 Council must “refer to audit” the financial reports for the financial year ending 30 June 2015.

 

Group Manager Strategy and Business Services  

 

Background

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

Council’s audit of financial reports for the financial year ending 30 June 2015 will commence on 12 October, 2015.

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

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

Financial

The financial reports represent a summary of the financial result of Council operations for 2014/2015.

The recommendations in this report do not represent the Council's approval of the 2015 financial reports.

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

After Council has finalised its audited financial statements, Councillors will be provided with a workshop to discuss the final results in detail. There will also be a public address from both the Responsible Accounting Officer (Chief Financial Officer) and the Auditor in November 2015.

Conclusion

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

 

Attachments

Nil

 

Recommendation

1.    That Council resolve that The Council’s general purpose financial report is prepared in accordance with:

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

b)       The Australian Accounting Standards and professional pronouncements; and

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

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

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

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

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

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

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

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

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

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

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

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

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

 


Council 23 September 2015

Item 13.2

 

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

 

Report details Council’s investments during the month of August 2015.

 

Group Manager Strategy and Business Services  

 

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the Strategy and Business Services section has made the monthly Investments Report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Issues

Legal

Section 625 of the Local Government Act 1993 (the Act) determines money may only be invested in a type of investment authorised by order of the Minister for Local Government and published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under section 625 of the Act.

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Policy

Council has an Investment Policy published under policy number 5.07. This Policy is reviewed every 4 years by Council and annually by Council staff.

Council’s current Policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $48,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source

June 2015

July 2015

August 2015

General Fund

$21,004,000

$16,004,000

$13,004,000

Water Fund

$16,796,000

$16,796,000

$16,796,000

Sewer Fund

$15,200,000

$15,200,000

$15,200,000

In addition, there is $11,656,400 in uninvested funds in Council’s operating account.

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

Table 2: Restricted Cash and Investment by Fund

Funding source

External Restrictions ‘000

Internal Restrictions ‘000

Unrestricted ‘000

Total

‘000

General Fund

$9,528

$10,264

$4,868

$24,660

Water Fund

$5,099

$11,697

 

$16,796

Sewer Fund

$3,255

$11,945

 

$15,200

The restrictions reported in Table 2 relate to 30 June 2014.

Council formally calculates its Restrictions as at 30 June each year. These Restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

 

Attachments

1.            Attachment Certificate of Investment

 

Recommendation

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.

 


Council

23 September 2015

Item 13.2 - Attachment 1

Attachment Certificate of Investment

 


 

 


Council

23 September 2015

 

 

Delegates Reports

 

23 September 2015

 

15.1            Cr Seckold: South East Regional Academy of Sport (SERAS) Report on Board Meeting 17 August 2015................................................................................................................... 159


Council 23 September 2015

Item 15.1

 

15.1. Cr Seckold: South East Regional Academy of Sport (SERAS) Report on Board Meeting 17 August 2015     

 

Report to Councils – South East Regional Academy of Sport SERAS Board of Directors Meeting.

 

Cr Seckold  

 

South East Regional Academy of Sport (SERAS)

Cr Seckold attended the South East Regional Academy of Sport (SERAS) Board Meeting on Monday 17th August 2015.  Attached is a copy of a report on the meeting from Mr Garry Lane, Executive Director.

 

Attachments

1.            SERAS report to Councils: Board Meeting 17 August 2015

 


Council

23 September 2015

Item 15.1 - Attachment 1

SERAS report to Councils: Board Meeting 17 August 2015

 


 

 


Council

23 September 2015

 

 

Notices of Motion

 

23 September 2015

 

17.1            Australian General Practice (GP) Training Program........................................ 163


Council 23 September 2015

Item 17.1

 

17.1. Cr Sharon Tapscott - Australian General Practice (GP) Training Program        

 

Background

Over the past twelve years NSW South East has participated in a very successful relationship with the Australian National University (ANU) Rural Clinical Medical School. Medical students have lived, studied and worked in the area supported by local medical practitioners, hospitals and the community. The objective of the partnership is to encourage medical students to consider working and living in rural areas, and of course particularly the South East.

Twelve years ago the average age of medical practitioners in the Bega Valley was in the 50s and there were very few medical students in practices. Now it is the norm for there to be students in practices and new GPs have moved to the area with their young families.

This week changes were planned to the Australian General Practice Training program which will impact severely on the work that local GPs, chambers of commerce, the Council and individuals have worked so hard to put in place and support.

The changes will see the boundaries for training regions being redrawn. The relationship with ANU particularly will be impacted as students from the ACT will now be linked to Western NSW rather than the South East. We also understand that universities to be linked to the South East will be in Sydney and Wollongong and it is therefore less likely they will undertake a rural placement some 5 to 6 hours away.

This training program feeds into the succession plan for the local GPs thereby giving the community some certainty around continuous access to health care professionals.

Cr Sharon Tapscott

 

Attachments

Nil

 

Notice of Motion

That Council write urgently to the Minister for Health and the Minister for Education appealing for them to reconsider the boundaries for the Australian General Practice training program.

   


Council

23 September 2015

 

 

Questions On Notice

 

23 September 2015

 

19.1            Response to Question on Notice - Information regarding assessment times for Development Applications - Cr Fitzpatrick.............................................................................. 165

19.2            Response to Question on Notice - Merimbula Library: Cr Fitzpatrick.............. 166

19.3            Response to Question on Notice - Evans Park, Kalaru update: Cr McBain....... 168


Council 23 September 2015

Item 19.1

 

19.1. Response to Question on Notice - Information regarding assessment times for Development Applications - Cr Fitzpatrick     

 

Response to Cr Russell Fitzpatrick’s Question on Notice at the Council meeting of 12 August 2015.

 

Group Manager Planning and Environment  

 

Assessment times for Development Applications

On 12 August 2015 Cr Fitzpatrick asked “could Councillors be provided with information regarding Development Applications (DA) that are over 100 days since lodgement?” 

As at 19 August 2015 there were 120 undetermined development applications under assessment by Council staff. Of those applications, 33 (i.e. 27.5%) have been with Council for more than 100 days.

More broadly across all applications, Council receives in the order of 500-600 development proposals per annum. The average determination time for DAs has been steadily declining in recent years from over 100 days (mean gross) in 2007/08 to less than 50 days for development applications and 8-9 days for complying development applications in the last two years. Taking into account the delays caused by the need for additional information from applicants, the mean net determination time for development applications is currently 35 days.

Most current applications that have been lodged with Council for over 100 days are on hold pending additional information from the applicant as either a result of issues raised by Council staff in their assessment, concerns raised during neighbour notification and public exhibition or in response to requests for more information from agencies and referral bodies.

Council staff adopt an ‘amber light’ approach to delays in development assessment, whereby the applicant is given every opportunity to provide additional information to support their application. Rarely do staff proceed to recommending refusal without giving ample opportunity to the applicant to either amend, clarify or withdraw their project.

Council staff are in the process of implementing DA Tracking software which will enable applicants and the public to ‘track’ applications through the assessment process. This will highlight the milestones in the DA process to enable applicants and interested parties to see at what stage in the assessment process a particular application is at, when submissions have been received, when additional information has been requested, when referrals have been received and finally when a determination is made.

 

Attachments

Nil

 


Council 23 September 2015

Item 19.2

 

19.2. Response to Question on Notice - Merimbula Library: Cr Fitzpatrick     

 

At its Ordinary Meeting of 3 September 2015, Cr Fitzpatrick asked could a report be provided to Councillors on options for Library Services being included in the former Auswide Building in Merimbula, recently purchased by Council.

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

 

Group Manager Community, Relations and Leisure  

 

Merimbula Library Service Options

Current situation

The current Merimbula Library occupies leased premises at Unit 3, Level 3, 3 Market Street, Merimbula. The landlord has written and served notice to Council to end the lease under the conditions of the lease. The lease ended on the 31 July 2015 and was in month to month over hold.

As such, the library service needs to vacate the premises no later than 30 September 2015. To allow packing up of the equipment and collection, Merimbula Library’s last day of operation, in its current form, will be Saturday 19 September 2015.

The Tura Beach library project has experienced some delays particularly around finalising the design works to submit for construction certificate approval.

The tender for the new library was advertised on 1 September 2015 and remains open for four weeks. A report will be bought to Council for consideration when tenders have been assessed.  The tender documents outline a maximum project time of 16 weeks taking the project into the New Year. Assuming a November start date at the earliest for works, it is likely that the new library would not be functional until early 2016.

Options

The purchase of the former Auswide Services Building, now being referred to as the Bega Valley Regional Learning Centre (BVRLC), provides an opportunity to maintain a library service presence in the Merimbula town centre that previously did not exist.

Library portal

Officers have been exploring and will seek to operate a library portal model at the BVRLC based on the ‘Pop Up Library’ concept that Council have delivered in Cobargo and a service run by the City of Sydney called ‘Library Express’. The concept offers a reduced, but different type of service for users that includes book return and pick up, newspapers, some displays and info stands, reading and/or study areas, public access internet and Wi-Fi.

This option provides for a continued presence and service in Merimbula during this transition phase and potentially an ongoing service in Merimbula that will complement the new library at Tura Beach.

Officers are currently working through the current zoning requirements and preparing a Development Application for this to occur, with a proposed commencement in October 2015.

Full library service

Council’s purchase of the Auswide Services building, does potentially allow for the creation of a full library service on the site.

The building was purchased on the basis that it provides much needed training delivery space in Merimbula and the Shire more broadly. In addition, Council has a number of services that run from leased accommodation and would to seek to bring these into a Council owned building.

The business case for the BVRLC seeks for the building to generate income to cover the maintenance, running and purchase costs. The inclusion of a full library service would potentially diminish this opportunity due to the amount of floor space required.

That being said, if a full library service was to be run from the BVRLC in addition to the library at Tura Beach a number of factors would need to be taken into consideration. Firstly and most importantly additional resources would need to be allocated, and given the number of competing priorities across the Shire, this would potentially impact on Council’s ability to delivery on all priorities.

A full library service would require initial design and construction work as the current layout of the BVRLC would not be suitable. This would need to be scoped out further before an indicative cost could be reported. Based on the costs to set up and run the existing Merimbula library service, set up and purchase of furniture, equipment, shelving, additional collection materials, computer equipment etc. would be in the vicinity of $150k. Further to these one off costs, there are operational costs of staffing, utilities and ongoing maintenance and running of the library, which would be in the vicinity of $150k per annum. A small offset may be possible through State Government library funding and access to grants. These figures would need to be confirmed if the idea was to proceed. These costs would be on top of budget allocations already approved towards the current Tura Beach library project.

Conclusion

Officers are of the view that operating a library portal is the preferred approach and will complement the new library at Tura Beach. The library portal concept also has the potential to support students who would be attending training programs at the BVRLC, so adds value to the proposed uses of the building rather than reducing future opportunities by using valuable floor space.

 

Attachments

Nil

 


Council 23 September 2015

Item 19.3

 

19.3. Response to Question on Notice - Evans Park, Kalaru update: Cr McBain     

 

At its Ordinary Meeting of 3 September 2015, Cr McBain asked could Councillors receive an update on the status of Evan’s Park, Kalaru.

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

 

Group Manager Community, Relations and Leisure  

 

Evans Park

The works to construct a two hectare field Evan’s Park in Kalaru are complete.

There are currently no plans or budget allocation to undertake any further works on the Park or to construct a formal entrance.

The Park is available for passive recreation and is mowed on a regular basis.

 

Attachments

Nil

       


Council

23 September 2015

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

22.1    Declassification of Closed Session Reports regarding acquisition of Lots 21 and 22 DP 1070789 (12-14 Cabarita Place, Merimbula)

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 (a) the report contains personnel matters concerning particular individuals.

22.2    General Manager Annual Performance Review for period ending 30 June 2015

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 (a) the report contains personnel matters concerning particular individuals.