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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 4 November 2015 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
29 October 2015
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The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for 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.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act and Department of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.
Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
TO: The
General Manager
Bega Valley Shire Council
In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Office of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:
Ordinary meeting held on _____ / _____ / 20___
dd mm yy
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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Print Name |
Councillor |
* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.
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Council |
4 November 2015 |
I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.
Recommendation
That the Minutes of the Ordinary Meeting held on 14 October 2015 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
8.1 Alterations and additions to an existing guest house................................................................. 9
8.2 Construction of self storage units - 1-5 Old Wallagoot Road, Kalaru..................................... 16
8.3 Revocation of Menacing Dog Order............................................................................................ 41
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Bega Valley Local Traffic Committee 7 October........................................................................ 44
11.2 Acquisition for road widening - Main Road 91 - Pambula to Wyndham............................... 48
11.3 Water Trunk Mains Cleaning Services ..................................................................................... 101
11.4 Drinking Water Fluoridation ...................................................................................................... 104
11.5 Central Waste Facility Community Consultation Committee................................................. 114
11.6 RFT 53/15 Supply of Traffic Management Services................................................................ 117
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Fit for the Future: next stage..................................................................................................... 120
12.2 Classification of land recently acquired by Council................................................................ 137
12.3 Pecuniary Interest Returns - 1 July 2014 to 30 June 2015................................................. 139 .
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes
Nil Reports.
That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.
17.1 Support for a referendum to recognise the indigenous people as the first inhabitants of our land 146
17.2 Evans Park, Kalaru - entrance and signage............................................................................... 147
Council |
4 November 2015 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
8.1 Alterations and additions to an existing guest house........................................... 9
8.2 Construction of self storage units - 1-5 Old Wallagoot Road, Kalaru................. 16
8.3 Revocation of Menacing Dog Order................................................................... 41
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Council 4 November 2015 |
Item 8.1 |
8.1. DA No. 2015.366: Alterations and additions to an existing guest house
Group Manager Planning and Environment
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Applicant |
M.G. Britten |
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Owner |
Sea Eagle Estate Pty Ltd |
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Site |
Lot 1882 DP 1014185, Merimbula Drive , Merimbula |
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Zone |
R3 |
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Site area |
38.78 hectares |
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Proposed development |
Alterations and Additions to an Existing Guest House |
Council has received a Development Application (DA) for the erection of an extension to the existing kitchen of the guest house on this property. The matter is being reported to Council for determination in accordance with Council policy as Councillor Britten is a part owner.
The application is recommended for approval.
The DA seeks approval for a 4.8 metre x 5.7 metre extension to an existing kitchen. The addition incorporates a slab on ground, brick veneer construction with North facing highlight window and tile roof. The kitchen fit out will be to a future detail to comply with the Food Premises Standards.
The plans will be available at the Council meeting.
The site has an area of 38.7 hectares and has a frontage to Merimbula Drive at the North and Merimbula Lake at the south. The lot is generally rectangular in shape. The land contains a main guest house/reception area and residential accommodation units.
The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. There are no planning issues arising from this assessment.
As the proposal is minor development and in keeping with the character of the existing buildings there is no requirement for neighbour notification.
A copy of the assessing officer's Section 79C assessment will be available at the meeting.
The subject land is zoned R3 (Medium Density Residential) under the Bega Valley Local Environmental Plan 2013 (BVLEP 2013).
The proposed development is permissible with development consent.
The DA for alterations and additions to an existing guest house (kitchen) comply with BVLEP 2013 and the relevant standards of the Bega Valley Development Control Plan 2013.
Approval is recommended, subject to the conditions in the draft consent attached to this report.
1. Draft Consent
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Item 8.2 |
8.2. DA No. 2015.324: Construction of self storage units - 1-5 Old Wallagoot Road, Kalaru
General Manager
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Applicant |
P J Summerell |
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Owner |
T N Killalea and TE Killalea |
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Site |
Lot 4 DP 775530, 1-5 Old Wallagoot Road, Kalaru |
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Zone |
RU5 Village |
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Site area |
1.36Ha |
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Proposed development |
Construction of Self-Storage Units |
In accordance with the Resolution at the Council meeting of 14 October 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 Manager of Planning Services, in relation to the matters raised in the address to Council.
Further since the Council resolution the applicant has amended the application by reducing the number of proposed storage units to 82 in total. A copy of the amended site plan and modified draft consent conditions are also included as attachments to this report.
The application is presented to Council for determination.
A staff report in respect to the proposed development was submitted to Council for consideration at its meeting of 14 October 2015 with the following recommendation:
1. That Council resolve to release the restriction to user over Lot 4 DP 775530 Old Wallagoot Road, Kalaru to enable the easement to be extinguished
2. That Development Application No. 2015.324 for the construction self-storage units at Lot 4 DP 775530, 1-5 Old Wallagoot Road, Kalaru be approved subject to conditions as provided in the draft consent attached to this report
3. 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.
The proposal as submitted was for the construction of 140 self-storage units in two stages; Stage one – 37 units, Stage two – 103 units.
Access to the development would be off Old Wallagoot Road. The proposal includes 11 blocks of self-storage units ranging in size from 18sqm to 40sqm with a maximum height of 6m.
The self-storage units was proposed to operate twenty four hours a day, seven days per week as submitted however the applicant has since amended the proposal to operate between the hours of 6am until 10pm seven days per week.
The proposed units would be setback 6m from Tathra Road and Old Wallagoot Road.
The perimeter of the site would be landscaped and a 1.8m pool style fence is proposed to be constructed to secure the site. The units are proposed to be constructed from colorbond steel in the colour ‘eucalypt’.
The site is a 1.36 hectare vacant block of land on the corner of Tathra Road and Old Wallagoot Road, Kalaru. The site is relatively flat and contains an area of riparian land toward the western corner of the lot and small patches of vegetation along the western and southern boundaries. There are a number of standalone trees along the northern and eastern boundaries.
The site is surrounded by single storey residential development and adjoins a caravan park to the south. The site has sealed road frontage onto Old Wallagoot Road.
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 deliberations.
These matters are particularly relevant when considering Section 79C(1)(c) and (d).
The draft reasons for Refusal are provided as Attachment 1 to this report.
There was one deputation at the Council meeting held on 14 October. It is considered that the issues raised in the deputation were addressed during the assessment of the application and detailed in the original report to Council.
Following the resolution of the Council at its meeting 14 October, the applicant amended the proposal reducing the total number of units to 82 to be constructed in two stages; Stage one – 38 units and Stage two – 44 units.
Staff have modified the draft consent submitted to the Council meeting on the 14 October to reflect the reduction in the number of proposed storage units.
The modified draft consent conditions and amended plans are provided as Attachment 2 and 3 to this report.
In accordance with the Council resolution of 14 October 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. However as outlined in this report, the applicant has since amended this application to reduce the total number of storage units to 82.
It is recommended Council determines the application subject to the conditions outlined in the Draft Consent.
1. Draft Reasons for Refusal
2. Amended Plans as at 21 October 2015
3. Draft Consent Conditions
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Item 8.3 |
This report recommends the revocation of a Menacing Dog Order of a dog owned by Ms Belinda Cooper.
Group Manager Planning and Environment
Ms Belinda Cooper, a resident of Yellow Pinch, is the owner of a Staffordshire Bull Terrier Dog “Miri” microchip number 900164000145287 which was declared a menacing dog on 1 May 2014.
The Menacing Dog Order (the Order) resulted from an incident on the 30 December 2013 when “Miri” and its mother “Bella” attacked another dog on an adjoining property. The victim dog and its owner were injured in the incident.
Menacing Dog Declarations were made against both attacking dogs. It was understood at the time ‘Bella” (also owned by Ms Cooper) was the main offender. “Miri” was 6 months old at the time of the incident.
There have been no further reports of incidents or aggression since that time. “Bella” is now deceased as a result of a snake bite.
Ms Cooper has now requested that the Order against “Miri” be revoked under Section 39 of the Companion Animals Act 1998.
The reasons cited by Ms Cooper are:
· “Miri” was 6 months old at the time of the incident and is now 2 years old.
· “Bella”, which she regarded as the offender, is now deceased.
· “Miri” is now well behaved, sharing his surroundings with another dog, a chicken, pet rabbit and a cat.
· “Miri” is no threat to any person or animal.
Council Rangers have attended the property on two occasions as part of an audit process and have found “Miri” not to be aggressive. The Rangers team has discussed the request and formed a consensus view that a recommendation be made to Council that the Menacing Dog Declaration be revoked.
Mr Peter Day, who was involved in the original incident, and Ms Christine Day, who resides on the neighbouring property, have been consulted and have no concerns over the revocation of the Order.
Under Section 39 of the Companion Animals Act 1998, only Council itself can revoke a Menacing Dog Declaration. Staff support the revocation of the declaration owing to the circumstances described in this report. Should Council resolve to revoke the Order, Council is required to notify the Chief Executive of the Division of Local Government of the decision.
The application by Ms Cooper for the revocation of the Menacing Dog Declaration is supported by Ranger staff after appropriate review and audit of the dog's behaviour and advice from both the person attacked and another neighbour.
The application is recommended for approval.
Nil
Council |
4 November 2015 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Bega Valley Local Traffic Committee 7 October................................................ 44
11.2 Acquisition for road widening - Main Road 91 - Pambula to Wyndham............ 48
11.3 Water Trunk Mains Cleaning Services ............................................................. 101
11.4 Drinking Water Fluoridation ............................................................................ 104
11.5 Central Waste Facility Community Consultation Committee........................... 114
11.6 RFT 53/15 Supply of Traffic Management Services.......................................... 117
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Council 4 November 2015 |
Item 11.1 |
11.1. Bega Valley Local Traffic Committee 7 October
This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held on 7 October 2015.
Group Manager Transport and Utilities
Background
The Bega Valley Local Traffic Committee held a meeting on 7 October 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
1. Merimbula Airport Images
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That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on 7 October 2015 and approve the following; Temporary Closure of Imlay Street, Eden – Eden Retail promotion 17 December 2015 1. That, subject to conditions, Imlay Street, Eden is temporarily closed between the intersection of Bass Street and Chandos Street from 4:30pm – 9:00pm on Thursday 17 December 2015 for the Eden Christmas Promotion 2. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce Retail Promotion on Thursday 17 December 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual. 3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 4. That organisers fully implement an approved Special Event Transport Management Plan 5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 6. That organisers have written Police approval prior to conducting the event. 7. That the event achieves all conditions of Council’s issued Land Use approval. Installation of Give Way signs and line marking, Merimbula Drive Roundabout 1. Council approve the installation of Give Way signs and lines on the western leg of the Merimbula Drive roundabout exit lane from Reid Street. Installation of 2 hour time restricted parking, Palmer Street, Merimbula 1. Council approve the installation of 2 hour time restricted parking (8:30am – 6:00pm Monday to Friday and 8:30am – 12:30pm Saturday) in the soon to be completed car park of Park Street Merimbula. Tathra Wharf to Waves Bike Ride – 17 January 2016 1. That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday 17 January 2016 be approved. 2. That the proposed traffic arrangements for the Wharf to Waves Bike Ride on Saturday 17 January 2016 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with RMS Traffic Control Manual. 3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 4. That organisers fully implement an approved Special Event Transport Management Plan. 5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime by name for the event. 6. That the organisers advertise the change to traffic conditions for the event. 7. That local emergency services and transport operators be notified prior to the event. Installation of various parking restrictions at the Merimbula Airport 1. Council approve the installation of 2 hour parking zone on the eastern side of the airport car parking commencing at the northern edge of the marked accessible parking (9.5 metres from the entrance) then for a distance of 56.4 metres to the north, and on the western side of the airport car park commencing 2.3 metres from the edge of the existing terminal building northerly for the distance of 35 metres. 2. Council approve the installation of a No Stopping zone commencing at a point of 37.3 metres north of the Merimbula airport terminal building for a length of 62 metres on both the eastern and western side of the access driveway to the overflow car park. 3. Council approve the installation of No Parking signs adjacent to the Merimbula airport building for a length of 26 metres. |
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Item 11.2 |
11.2. Acquisition for road widening - Main Road 91 - Pambula to Wyndham
This report seeks Council approval to formalise the acquisitions in relation to the road widening of Main Road 91 carried out by the former Imlay Shire Council in the 1980s.
Group Manager Transport and Utilities
Background
Council acquired land from a number of landowners for the purpose of road widening on the Mount Darragh Road between Pambula and Wyndham. Compensation was paid to the affected private landowners at the time however transfers of the relevant portions of land were not gazetted, nor formally transferred into the name of Council. Council's Property officers have been attending to these processes, which are almost finalised. Council’s external legal providers have found the Deed of Agreement and payment of compensation for one of the privately owned parcels of land originally known as Part Portion 3 now known as Lot 2 DP 1109104, was with an incorrect land owner. To finalise the acquisitions of privately owned land, Council needs to enter into a new Deed of Acquisition for the additional portion of land acquired by Council and pay the required compensation which has been assessed at $181.23.
In addition, Gazettal of the portions acquired from The State of NSW and State Forests NSW now need to be formalised. Deposited plans 1109104 and 1114462 formalising the road boundaries were registered in 2007 but compensation, gazettal and dedication as public road was not formalised at that time. Crown Lands have agreed to the compulsory acquisition of the land under the Land Acquisition (Just Terms Compensation) Act 1991, however some lots are also encumbered by permissive occupancy and Aboriginal Land claims and require additional consent. Crown Lands agreed to Council having a private valuation carried out by a local valuer for the compensation determination which is attached for the information of Councillors. Investigations show compensation payable to Forests NSW was agreed at NIL when the road widening took place in 1980. Council's Property officers have managed to obtain written confirmation from the Forestry Corporation that the Minister has consented to the acquisition and they will not seek compensation in this instance. That being said, Crown Lands have an intergovernmental agreement on splitting 50:50 any monetary compensation for State Forest land. Confirmation has been sought from Crown Lands and as the land dedicated for State Forest is still land vested in the Crown, compensation will be payable for their 50 percent share, making compensation payable to Crown Lands $38,970 excl. GST.
An additional gazettal notice will need to be published before we can proceed with preparation and transfer of the final privately owned land and the land owned by The State of NSW and State Forests NSW. An amendment to the original Gazettal will need to be made to reflect the correct lot identification and to align with the 1999 Council Resolution.
Issues
Legal
The acquisition of land in deposited plans 1109104 and 1114462 will be finalised upon publication of the acquisition notice in the Government Gazette and will be dedicated as public road.
Asset
There are no current issues as the road widening was completed by the former Imlay Shire Council; this is now only a procedural matter.
Consultation
Council’s external legal providers have informed private land owners that formalisation procedures are to take place. Further land known as Lot 240 DP 750240 is the subject of a permissive occupancy and as the subject land was already fenced out at the date of plan registration being 28 March 2007, it is only required they be advised of the acquisition. Formal correspondence has been sent in this regard.
There are six Aboriginal Land claims covering certain Crown Land lots in DP 1109104. Council’s external legal providers have written to the NSW Aboriginal Land Council to obtain their consent to the acquisition or alternatively withdraw the affected areas from the claims.
Council's Property officers have consulted with Forest NSW and Crown Lands staff regarding the treatment of compensation. The attached valuation report assesses compensation for Crown Land acquired at $10,350 and for State Forest land acquired at $57,240. Forests NSW have agreed to accept NIL compensation for their component of the land acquired however; Crown Lands require their 50 percent compensation entitlement.
Financial
Agreement for compensation was reached with the relevant private land owners at the time the road widening was carried out and compensation paid. There is one remaining private land owner to be compensated which has been assessed at $181.23.
Council’s external legal providers have recommended a formal written request be sent to the NSW Treasurer and The Hon. Andrew Constance, MP in his capacity as Member for Bega and Minister for Transport and Infrastructure, seeking a waiver of compensation for the acquisition of land held by The State of NSW. This is due to the fact that these acquisitions should have been completed many years ago at which time no compensation would have been payable to the State of NSW.
Resources (including staff)
Council's Property officers and external legal providers will be involved to finalise relevant paperwork and effect registration at LPI.
Conclusion
Council Resolution is sought to enter into a Deed of Agreement with N. Umback to formalise the road widening of the Mount Darragh Road and formally write to the NSW Treasurer and The Hon. Andrew Constance, MP seeking a waiver of compensation for the acquisition.
Council is also required to pass a final resolution to declare the land to be compulsorily acquired and to seek the Governor’s approval to publish the Compulsory Acquisition Notice in the Government Gazette.
Attachments
1. Valuation Report Mount Darragh Road Wyndham
2. Deposited Plan 1109104
3. Deposited Plan 1114462
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1. That Council approve the acquisition of the following parcels of land for public road under the provision of Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of the Roads Act 1993: Acquisition under DP 1114462: · Lots 50 and 52 held by J. and S. Clyne; · Lots 47, 48, 49, 51, 53, 54, 55, 56 and 57 held by the State of NSW and dedicated as State Forest. Acquisition under DP 1109104: · Lots 1, 10, 11, 12, 13, 14, 15, 16 and 17 held by The State of NSW; · Lots 2 & 3 held by N. Umback; · Lot 4 held by G. and J. Halloran; · Lots 5 & 6 held by J. Pocock; · Lot 7 held by G. Dein and R. Bennett; · Lot 9 held by P. and R. Macfarlane; · Lots 8, 18, 19, 20, 21, 22, 23, 25, 26 and 46 held by The State of NSW and dedicated as State Forest. 2. That Council seek the Minister's and Governor’s approval to publish the compulsory acquisition notice in the Government Gazette. 3. That Council enter into a formal Deed of Agreement with N. Umback for the acquisition of Lot 2 DP 1109104 at Wyndham for the purpose of road widening, in accordance with the Roads Act 1993 for a compensation amount of $181.23. 4. That Council formally write to the NSW Treasurer and The Hon. Andrew Constance, MP in his capacity as Member for Bega and Minister for Transport and Infrastructure seeking a waiver of compensation for the acquisition of land held by The State of NSW. 5. That the Mayor and/or General Manager be delegated authority to execute the necessary documents as required. |
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Council 4 November 2015 |
Item 11.3 |
11.3. Water Trunk Mains Cleaning Services
This report seeks Council approval to engage contract services for cleaning of trunk water mains without advertising through a public tender process.
Group Manager Transport and Utilities
Background
The Bega / Tathra water supply system has a history of higher than normal customer complaints relating to dirty water incidents. The dirty water is associated with high levels of iron and manganese in the source water. The long term solution to the problem is construction of a treatment plant at South Bega.
Water main flushing and air scouring have been the traditional methods relied on to minimise the incidence of dirty water however, their effectiveness with larger diameter trunk mains has been marginal and in some instances poor.
A new technology known as “Ice Pigging” has recently been introduced into Australia by Suez Pty Ltd and based on a successful trial held in Bega in March 2015 it is proposed to clean all trunk water mains between Bega bores and Tathra.
Issues
Legal
Council has a written quotation from Suez Pty Ltd in the amount of $259,000 (excl. GST).
In accordance with Council Procedure 5.08.1, the General Manager can approve expenditure up to $150,000 without the need for competitive quotes provided that exceptional circumstances justify the exemption.
In this case, the exceptional circumstances relate to unavailability of competitive quotes and the General Manager approval has been received for up to $150,000 (incl. GST) of the work to secure Suez Pty Ltd services prior to Christmas 2015.
The balance of the expenditure up to a total of $285,000 (incl. GST) can be approved by Council under the Local Government Act 1993 Section 55 Clause 3 Part (i) which states;
“a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”
Policy
The procurement of Suez Pty Ltd service for “Ice Pigging” is in accordance with Council policy and procedures.
Asset
The work is a necessary operational task required to enhance the level of service to Bega / Tathra water supply customers.
Consultation
Some minor customer consultation/ information will be required prior to works commencing.
Financial
The expenditure for the work will be drawn from 2015/16 water supply operations budget.
Resources (including staff)
Minimal staff resources will be required during the ice pigging work.
Operational Plan
The work will help reduce customer complaints due to dirty water and will have a positive impact on Operational Plan levels of service.
Conclusion
Ice pigging will enable effective cleaning of the large trunk water mains between Bega bores and Tathra. The work will result in the majority of sediment being removed from the mains and an improvement in customer water quality.
Attachments
1. Memo Leanne Barnes from Wayne Sartori Ice Pigging Approved
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1. That Suez Pty Ltd be directly awarded the trunk water main cleaning contract for the part sum of $135,000 (incl. GST) to complement the $150,000 sum (incl. GST) already approved under the General Manager delegation for a total expenditure of $285,000 (incl. GST). 2. That the contact be directly awarded on the basis that a competitive alternative is unavailable as Suez Pty Ltd are the sole providers of “ice pigging” technology in Australia.
|
|
Council |
4 November 2015 |
|
Item 11.3 - Attachment 1 |
Memo Leanne Barnes from Wayne Sartori Ice Pigging Approved |
|
Item 11.4 |
11.4. Drinking Water Fluoridation
Council has had added fluoride to drinking water in the Bega/Tathra supply system since 1963. Other drinking water supply systems do not currently have the benefit of added fluoride.
This report recommends Council work with NSW Health to undertake a broad based community information program pending a Council decision regarding introduction of fluoridation to other water supply systems in early 2016.
Group Manager Transport and Utilities
Background
Fluoride is added to drinking water at a concentration of one part per million (1mg/L) to achieve dental health benefit.
Routine fluoridation of drinking water supplies in the Bega, Kalaru and Tathra areas has been undertaken since 1963. The other three water supply systems in the Shire do not currently have fluoride added and fluoride concentrations in the water are at low natural background levels. In NSW, approximately 96% of communities connected to a reticulated water supply receive fluoridated water.
Fluoride is a natural substance found in water, soil and common foods. The following facts apply to fluoridation:
· Water fluoridation prevents dental decay in all ages
· It is a safe, legal and ethical way of providing benefit to everyone in the community, especially those who are disadvantaged
· Even though fluoride toothpaste is widely available, there is still substantially more tooth decay in un-fluoridated areas compared to fluoridated areas of NSW
· The Centre for Disease Control and Prevention in America has recognised water fluoridation as one of the top 10 public health achievements of the 20th century.
Issues
Legal
The provision of fluoride to drinking water supplies is regulated under the provisions of the Fluoridation of Public Water Supplies Act 1957 (the Act) and the Fluoridation of Public Water Supplies Regulation 2012.
Council is fully compliant with all aspects of the Act and Regulation and undertakes routine audits of its existing Fluoridation Plant in conjunction with NSW Health staff to ensure compliance.
Asset
If Council resolves to add fluoride to its drinking water supplies, then additional water treatment assets will be required. These assets are fully funded by the NSW State Government.
Social / Cultural
Fluoridation is a complex issue that involves community discussion about scientific information, values, legislation, ethics, equity, individual rights, politics, media, drinking water infrastructure and cost.
Consultation
This report recommends Council work with NSW Health to provide community information pending a Council decision on the matter in early 2016.
Financial
The capital assets required to add fluoride to drinking water are fully funded by the NSW State Government.
Fluoridation will result in increased operational expenses for Council and consequently additional cost to customers of approximately $3-$5 per connected residential property per year.
The community information phase of the project is likely to cost in the order of $30K.
|
Funding source |
|
Amount |
|
Water Fund |
$ |
$30K |
Resources (including staff)
The community information phase of the project is likely to require staff resources from Council, NSW Health and also specialist consultants.
Operational Plan
The addition of fluoride to drinking water supports Operational Plan objectives by providing an improved level of service to customers.
Conclusion
The NSW Government (NSW Health) is strongly committed to fluoridation of public water supplies as a proven public oral health measure. With the dental benefits in mind, it is proposed Council work with NSW Health and commences a broad based community information program pending a Council decision on the matter in early 2016.
Attachments
1. Water Fluoridation in NSW
|
1. That Council, with support from NSW Health, commence a broad based community information program regarding fluoridation of drinking water. 2. That a staff report be submitted to Council regarding introduction of fluoridation in early 2016. |
|
Item 11.5 |
11.5. Central Waste Facility Community Consultation Committee
This report seeks Council direction on a number of matters raised at the Central Waste Facility (CWF) Community Consultation Committee, along with the reappointment of committee members.
Group Manager Transport and Utilities
Background
The Central Waste Facility (CWF) has been in operation since December 2013. In early 2014 Council established a Central Waste Facility Community Consultation Committee (CWFCCC) in accordance with the recommendation of the Southern Joint Regional Planning Panel (JRPP).
The CWFCCC has met four times since February 2014. Council is now required to consider whether to reappoint the current membership for a further 4 meetings or advertise for expressions of interest from other community members. Council appointed one member of the CWFCCC approximately half way through the period of tenure of the Committee membership, that member is yet to sit on the Committee for the agreed number of meetings.
The Terms of Reference of the CWFCCC are to provide a forum for information exchange and consultation regarding the operation of the CWF. This has occurred throughout the period the Committee has operated. However, the community membership is often concerned with issues that are outside the operational aspects of the CWF and therefore outside the Terms of Reference of the CWFCCC. This report identifies three issues that are unable to be resolved at Committee level and therefore seeks Council’s direction with the following:
1) No further development guarantee.
The community members are seeking a guarantee that no further development of the land (outside the approved NBNCo and CWF developments) will be proposed or supported by Council for the remaining term of the current Council.
This issue has been discussed at length in CWFCCC meetings.
The extent to which adopting such a position would legally bind future Councils is unclear, although it is anticipated the community will seek the same assurance from Council candidates and the new Council at the next election. The resolution would give local residents some certainty that Council will not pursue ad hoc land development on the site, which has been a long held concern expressed by some members of the community. A Council Resolution would be adequate to give effect to this should Council wish to adopt this position.
2) Voluntary Conservation Agreement or other protective covenant over Woodland Area.
The community members have requested a protective covenant be placed over the approximately 60 ha woodland area in the southern portion of the site. The reason is to guarantee the preservation of this buffer between the CWF and the Wanatta Lane/Greendale Lane rural/residential precinct.
The 60 ha woodland area forms a significant part of an isolated stand of native vegetation. The woodland is known to contain a Bega dry-grass forest which is an endangered ecological community.
The woodland has significant existing protections under the NSW Native Vegetation Act. Currently, there is no protective covenant over the area, and the community are requesting Council put in place additional protection to preserve the environmental and amenity benefit that the woodland provides.
There are a number of options available to give planning protection to the woodland area including the establishment of a Voluntary Conservation Agreement (VCA) under the National Parks and Wildlife Act or the creation of a Section 88B instrument under the Conveyancing Act.
A Voluntary Conservation Area has a similar status to a National Park and provides statutory protection to an area in perpetuity. Establishment of a VCA creates potential planning uncertainty in terms of the compatibility of the existing and future land-uses, including land uses which may be attractive to residents in the area. Council is advised against adopting this course of action due to potential statutory and planning risks a VCA creates.
The creation of a Section 88B instrument would also provide planning protection to the land. Whilst the S.88B instrument could potentially be expunged from the title in future, creation of a S.88B covenant would demonstrate Council’s intent to preserve the woodland and provide an additional degree of certainty to community members regarding the amenity of the area.
3) Recreational use of Woodland Area.
The community members ask that Council allow passive recreation activities to occur within the woodland area of the site (e.g. walking trails). This is requested to offset a perceived loss of amenity associated with the CWF and NBNCo developments.
The land is currently classified operational, and public use is not permitted. However, unauthorised access of the land by firewood collectors, dog walkers and horse riders is common and Council has limited resources to effectively control and regulate these activities.
Council has committed to renewal of its 1000m boundary fencing on the Greendale Lane road reserve, and procurement process will follow for these works in due course. The existing fence is of poor condition, with the fence being deliberately cut to gain access to the property on numerous occasions.
Public use of the land has a range of risks that would require ongoing management, with associated expense. There is also opposition to allowing public use of the land from an adjoining resident, who is in regular contact with Council regarding unauthorised activities which are impacting on him. Some potential uses of the land, whether authorised or not, are likely to be in conflict with the expressed aim of conservation, and Council is advised against allowing open public use of the land. Council could consider working with volunteer groups on environmental projects on the site.
Conclusion
The CWFCCC has been an effective consultation mechanism regarding operation of the CWF, and it is recommended the committee continue for a further 4 meetings. The Terms of Reference of the Committee are limited to the operation of the CWF, and the community members remain concerned with issues relating to guarantees, future land-use, property values etc. The CWFCCC has discussed many of these issues at length, but the Committee holds no executive function and it remains Council’s role to decide on appropriate actions of a policy nature.
Attachments
Nil
|
1. That Council offer reappointment to the existing community membership for a further 4 meetings. Should a community member decline the offer, Council to advertise for expressions of interest from the local community. 2. That further development of the site (outside existing approved uses) will not be pursued for the remainder of the current elected Council term. 3. That a Section 88B instrument is created with the objective of further protecting the woodland area of the site. 4. That public recreational use of the woodland area is not pursued at this time, and measures are taken to warn against unauthorised access to the land. |
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Council 4 November 2015 |
Item 11.6 |
11.6. RFT 53/15
Supply of Traffic Management Services
This report details the outcome and evaluation of RFT 53/15 for the supply of traffic management services and recommends awarding the contract for services to the preferred supplier.
Group Manager Transport and Utilities
Background
Council invited suitably qualified contractors to tender for the two (2) year supply of traffic management services. These works include but are not limited to: the supply, installation, maintenance and removal of temporary traffic control devices; traffic controllers; signposting; lights; barriers; and other items required by Bega Valley Shire Council during construction of road, water and sewer works.
Tenders were called using Vendor Panel, an electronic tendering portal provided through Local Government Procurement (LGP), for the supply of traffic management services. Tenders closed on 24 September 2015 with four conforming tenders received from the following companies:
· Care Traffic Services Pty Ltd
· Evolution Traffic Control Pty Ltd
· Lack Group
· Platinum Traffic Services Pty Ltd
|
Criteria |
Weighting |
|
Project Value |
60% |
|
Project Experience |
30% |
|
Project Functionality |
15% |
|
Local Community Benefit |
5% |
|
Workplace Health & Safety |
Compliant / Non-Compliant |
|
Total |
100% |
The tender submissions were assessed against the following evaluation criteria:
This is a schedule of rates contract based on actual services used, but for assessment purposes a typical work year for roadworks has been evaluated.
Issues
Legal
Tenders are called to determine a preferred supplier to comply with the provisions of the Local Government Act 1993, and Regulations.
The tender Process complies with Local Government Regulations 166(c) for the selective tendering method. In this case, recognised contractors are selected from a list prepared by a prescribed authority namely LGP and invited to tender for the proposed contract for services.
Economic
The two yearly supply tenders allow Community Infrastructure managers and supervisors to cost effectively purchase goods and services from approved suppliers at known costs. Two yearly supply contracts have been used for a number of years and have proven to be an effective method of obtaining goods and services at competitive rates.
Financial
Prices tendered are recorded and utilised for future project pricing. The table in the Confidential Attachment indicates pricing of all services. Budget allocation is within the annual Traffic Facilities Maintenance budget (rural, urban and regional roads)
Resources (including staff)
Council works staff will manage this contract.
Conclusion
The preferred tenderer be accepted as they have been assessed as providing the best overall value to Council.
Attachments
1. RFT 53.15 Council Confidential Memo & Evaluation Table (Councillor Only) (Confidential)
|
1. That Council accept the recommendations as outlined in the Confidential attachment 2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 53/15 Traffic Management Services, based on the tendered schedule of rates. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That other tenderers be advised of Council’s decision |
Council |
4 November 2015 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Fit for the Future: next stage............................................................................. 120
12.2 Classification of land recently acquired by Council.......................................... 137
12.3 Pecuniary Interest Returns - 1 July 2014 to 30 June 2015................................ 139
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Council 4 November 2015 |
Item 12.1 |
12.1. Fit for the Future: next stage
IPART has provided their assessment of the scale, capacity and financial sustainability of NSW local councils to the NSW Premier.
General Manager
Background
The NSW Government has been working with councils since 2011 to have discussions and gather data and input focusing on reviewing local government and addressing planning for a sustainable future.
To be deemed Fit for the Future (FftF) Councils were required to demonstrate how they currently meet, or are working towards meeting, a number of benchmarks established by the State Government. Councils were also encouraged to review the Independent Local Government Review Panel (ILGRP) recommendations released in 2013, particularly merger proposals.
The benchmarks are based on the work of TCorp and the ILGRP and have been reviewed by IPART. BVSC has previously been assessed by TCorp as being rated as financially sustainable and performing in the top 10% of NSW councils.
In 2015 IPART were appointed to assess Council Improvement Proposals
There are four key criteria that form the framework under which Councils are assessed as being FftF. These are:
Sustainability
Generating sufficient funds over the long term to provide the agreed level and scope of services and infrastructure for communities as identified through the integrated planning and reporting (IPR) process.
Effective infrastructure and service management
Maximising return on resources and minimising unnecessary burden on the community and business, while working strategically to leverage economies of scale and meet the needs of communities as identified in the IPR process.
Efficiency
Efficient service and infrastructure delivery, achieving value for money for current and future ratepayers.
Scale and capacity
Demonstrating strong organisational and regional capacity to mobilise resources to engage effectively across community, industry and government.
Bega Valley lodged their stand-alone Council Improvement Proposal in June 2015. IPART provided their assessment of all council proposals to the Government on 16 October 2015 and the results were released by the Premier and Minister for Local Government on 20 October, 2015.
In summary the IPART assessment of council FftF proposals found that 60% of Councils are not fit and 40% are fit. In regional NSW 56% of councils were considered not fit.
IPART assessed 32 Council Improvement Proposals as fit in non-metropolitan areas.
The councils that were assessed as fit are spread across all regions in NSW. These councils were generally assessed as fit because:
· remaining a stand-alone council was consistent with the ILGRP’s options for
reform or
· IPART analysis has not identified evidence for a better alternative to the council’s
proposal to stand alone, and
· they met the financial criteria overall.
Bega Valley Shire Council was determined to be Fit for the Future by IPART.
The following documents relevant to this assessment are attached:
· IPART’s summary report card
· Letter to the Council from the Premier and Minister
· Stronger Council’s Stronger Communities Fact Sheet
A full copy of IPART’s Assessment of Council Fit for the Future Proposals October 2015 can be found at:
The results for the South East Region of NSW are outlined below.
Council Assessments
Bega Valley Shire Council
South East Region
|
Council |
Status |
|
Bega Valley Shire Council In south East Joint Organisation |
Fit |
|
Cooma-Monaro Shire Council |
No Fit |
|
Eurobodalla Shire Council In South East Joint Organisation |
Fit |
|
Palerang Council |
Not Fit |
|
Queanbeyan City Council in South East Joint Organisation or merge with Palerang |
Not Fit |
|
Shoalhaven City Council |
Fit |
|
Snowy River Shire Council
|
Not Fit |
Note: Bold indicates an ILGRP preferred option. JO stands for Joint Organisation. Shoalhaven has already been included in the Illawarra Pilot Joint Organisation but is included in the above table as this reflects the original position presented by the ILGRP.
The state wide assessment is shown diagrammatically below
Issues
Legal
Council has until the 18 November to consider the IPART assessment and make any merger proposals. Any proposal must be lodged in a specific online template via an online portal. Council has been advised that final outcomes will be advised to Council in December 2015.
The next round of information about proposed joint organisations of councils is expected in late November for Councils to consider and respond to in early 2016.
Strategic
Council has previously stated its position as a stand-alone council and as a member of the south east joint organisation.
Council has previously had discussions with Bombala Council and a meeting post the announcement of the IPART assessment has been planned.
Council has also resolved to enter into discussions with Eurobodalla Shire Council with the objective of developing a memorandum of understanding focussing on areas/programs/projects that the two councils can progress together.
Consultation
The Mayor and Acting General Manager participated in teleconferences on 20 and 22 October where the process and governments’ objectives were discussed. These teleconferences involved Mayors from across the State with the Premier and Minister and General Managers from across the south east region.
Meetings with neighbouring councils have also been planned. An update on these discussions will be provided to Councillors prior to the Council meeting.
Conclusion
Council satisfies the scale and capacity criterion and the financial criteria overall, Council’s proposal was consistent with the ILGRP recommendations and Bega Valley was deemed as FIT satisfying scale and capacity, sustainability, infrastructure and service management and efficiency.
Council will need to resolve its position in relation to any alternative options for lodging by 18 November 2015.
Attachments
1. IPART Fit for the Future Report Card Summary
2. NSW Governmment Fit for the Future Fact Sheet - next steps
3. NSW Governmment Fit for the Future Fact Sheet - Funding
4. Minister for Local Government Letter to Mayors regarding Fit for the Future report
|
1. That Council note the IPART assessment of the Council Improvement Proposal as Fit. 2. That Council consider its position in relation to any potential merger options or additional comments to be lodged with the Department of Premier and Cabinet by 18 November 2015. |
|
4 November 2015 |
|
|
Item 12.1 - Attachment 2 |
NSW Governmment Fit for the Future Fact Sheet - next steps |
|
4 November 2015 |
|
|
Item 12.1 - Attachment 3 |
NSW Governmment Fit for the Future Fact Sheet - Funding |
|
4 November 2015 |
|
|
Item 12.1 - Attachment 4 |
Minister for Local Government Letter to Mayors regarding Fit for the Future report |
|
Item 12.2 |
Council has recently completed the acquisition of Lot 210 DP 1181811 at Merimbula and Lot 31 DP 1209807 at North Bega. Final approval is being sought to classify each site as operational land.
Group Manager Strategy and Business Services
Council approved the acquisition of 12-16 Cabarita Place in Merimbula on 18 March 2015 for the purpose of providing a regional training centre. Council was successful in their acquisition of the property, with settlement taking place on 29 September 2015. On 2 September 2015 it was recommended it should be appropriately classified as operational land under the Local Government Act 1993 (the Act) upon acquisition.
Council also approved the acquisition of Lot 31 DP 1209807 at Bega for the purpose of formalising ownership of the land on which the water reservoir is situated together with easements for water supply and a right of carriageway. The acquisition of the site has recently been completed and as the site is being used for the purpose of providing water infrastructure, it was recommended that it be appropriately classified as operational land under the Act.
Following a public notification process in the local media, a final report to Council is required in order to classify the land as ‘operational’.
Council’s solicitor has recently confirmed each of the acquisitions have now been finalised.
Section 31 of the Local Government Act 1993 provides that a property must be classified within three months of acquisition by Council Resolution or it automatically defaults to community land. Section 34 of the Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.
The public notice advertisement regarding the proposed classification of Lot 210 DP 1181811 at Merimbula for the purpose of providing a regional training centre and of Lot 31 DP 1209807 at North Bega for the purpose of providing a water reservoir appeared in the local papers during the week Monday, 14 September 2015, with the submission period closing on Friday, 16 October 2015. No submissions were received objecting (or otherwise) to either proposal.
In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the Act, Council resolution is sought to classify the lands recently acquired at Merimbula and Bega as operational land.
Nil
|
Council 4 November 2015 |
Item 12.3 |
12.3. Pecuniary Interest Returns - 1 July 2014 to 30 June 2015
Report confirming lodgement of Disclosure by Councillors and Designated Persons Returns (Pecuniary Interest Returns) for the period 1 July 2014 to 30 July 2015
General Manager
Background
The Local Government Act 1993 (the Act) requires Councillors, the General Manager, Group/Executive Managers and people nominated by the Council as “Designated Persons” to complete Pecuniary Interest Returns.
The Act provides for investigation of complaints concerning non-disclosure, incomplete sections and penalties for breaches.
The special disclosure of pecuniary interest must be in the form prescribed by the regulations and laid on the table at a meeting of the Council as soon as practicable after the disclosure is made.
Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge.
The register containing completed returns is tabled at each Council meeting.
Committee Members
Although the Council has traditionally not “designated” members of its various community Committees and it is not envisaged that it will, the obligations under the Act still apply to them. That is to say, Committee members are required to observe the pecuniary interest provisions of the Act and declare an interest and not vote on matters in which they have a pecuniary interest. They must also leave the room in which the meeting is being held after declaring an interest. All Council Committees are aware of this provision of the legislation.
All Council and Committee meetings are required to follow the Code of Meeting Practice.
Councillors
Councillors are required to lodge a return under Section 449 of the Act and the recommendation provides accordingly.
Councillors are asked to note the form of the Pecuniary Interest Returns is covered by Regulation. Each section of the Return must be answered. Officers from the Office of Local Government may make inspections from time to time.
Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP). The following Councillors have lodged returns for the period 1 July 2014 to 30 June 2015:
· Cr Tony Allen
· Cr Michael Britten
· Cr Russell Fitzpatrick
· Cr Keith Hughes
· Cr Anne Mawhinney
· Cr Kristy McBain
· Cr Liz Seckold
· Cr Sharon Tapscott
· Cr Bill Taylor
Independent Audit Committee
Members of the community appointed to Council’s Independent Audit Committee, are required to lodge a return under Section 449 of the Act and the recommendation provides accordingly. Current members of the Independent Audit Committee are:
· Mr Geoff Steel – form lodged.
· Mr Terry Bunn – form lodged.
· Mr Roger Fitzgerald - form lodged.
Designated staff members
The following list represents officers of the Council who have (or their positions have) been “designated” by the Council as officers required to submit a Pecuniary Interest Return for the period 1 July 2014 to 30 June 2015. These staff or those staff filling these positions will be required to submit returns for the 1 July 2015 to 30 June 2016 reporting period.
|
Name |
Job Title |
|
Barnes, Leanne |
General Manager |
|
Basford, Anthony |
Group Manager Community, Relations & Leisure |
|
Bishwakarma, Pradeep |
Management Accounting Coordinator |
|
Blacka, Annadale |
Environmental Health Officer |
|
Bogie, Lyall |
Vegetation & Management Coordinator |
|
Bogie, Rebecca |
Community Engagement & Planning Coordinator |
|
Bray, Lyn |
Nominated Supervisor Eden Pre-school |
|
Brenner, Kristina |
Manager Children, Families & Ageing |
|
Browne Toby |
Waste Services Manager |
|
Bussing, Jenny |
Nominated Supervisor Sapphire Mobile Pre-School |
|
Campbell, Sheralyn |
Director Children’s Services |
|
Churchward, Nina |
Workforce and Administration Manager |
|
Cleverly, Anne |
Coordinator Community Development |
|
Collins, Jim |
Water & Sewerage Services Manager |
|
Cox, Maddalyn |
Employee Support Services Coordinator |
|
Crane, Kyran |
Coastal Management Officer |
|
Corby, Tamara |
Cadet Town Planner |
|
Cunningham, Richard |
Project Engineer |
|
Dixon-Keay, Jamie |
Vegetation Management Officer |
|
Donne, Jeff |
Coordinator Communications |
|
Fiedler, Michael |
Environmental Management Officer |
|
Fowler, Mark |
Strategic Planner |
|
Franic, Michael |
Ranger |
|
Garner, Lisa |
Revenue Coordinator |
|
Grady, John |
Manager Recreation & Leisure |
|
Griffin, Christine |
Team Leader - PEG Administration & Support Services |
|
Hancock, Cecily |
Planning Coordinator |
|
Hankinson, Mark |
Water and Sewerage Assets Engineer |
|
Harper, Glenn |
Environmental Health Officer |
|
Hicks, Rodney |
Building Services, Technical Officer |
|
Higman, Julie |
Ranger |
|
Irvin, Mark |
Governance Coordinator |
|
Jackson, Mandy |
Nominated Supervisor Bandara Children’s Services |
|
Jones, Peter |
Risk Coordinator |
|
Jones, Rebecca |
Executive Assistant - Strategy and Business Services |
|
Kirk, Julie |
Children’s Services operations Manager |
|
Lennon,Tom |
Technology Services Coordinator |
|
Leyden, Anne |
Program Coordinator Brighter Futures |
|
Lunniss, Paul |
Works Manager |
|
Madigan, Danny |
Environmental Services Manager |
|
Vacant Position |
Coordinator Customer & Library Services |
|
Marshall, Rickee |
Property Officer |
|
Martin, Phil |
Ranger |
|
McDowall, Kelly |
Executive Assistant |
|
McGregor, Carley |
Cadet Town Planner |
|
Miles, Peter |
Senior Ranger |
|
Morey, Phillip |
Planner |
|
Morrison, Andrew |
Natural Assets Officer |
|
Murphy, Daniel |
Environmental Management Officer |
|
Nepal, Pankaj |
Finance Manager |
|
Newton, Peter |
Design, Development & Traffic Co-ordinator |
|
O’Donnell, Greg |
Design, Development & Traffic Co-ordinator |
|
Osborn, Brett |
Environmental Health And Building Surveyor |
|
Paker, Darrell |
Procurement Coordinator |
|
Pearson, Chris |
Ranger |
|
Powell, Bruce |
Water & Sewerage Operations Engineer |
|
Preo, Michelle |
Property Officer |
|
Pyke, Jonathon |
Senior Environmental Health Officer |
|
Quick, Robert |
Development Control Planner |
|
Roberts, Richard |
Vegetation Management Officer |
|
Sartori, Wayne |
Infrastructure Waste & Water, Group Manager |
|
Scarpin, Lucas |
Group Manager Strategy & Business Services Group CFO |
|
Schweitzer, Simon |
Manager Community, Culture & Information |
|
Scroop, Ben |
Environmental Health and Building Surveyor |
|
Slade, Colin |
Environmental Health Officer |
|
Slapp, Rob |
Senior Town Planner |
|
St Hill, Rachel |
Team Leader Customer Service |
|
Stewart, Andrew |
Civil Assets Engineer |
|
Storch, Margaret |
Team Leader Ageing & Disability Services |
|
Thompson, Terry |
Vegetation Management Officer |
|
Thomson, Sophie |
Strategic Planning Coordinator |
|
Tipping, Jeff |
Manager Health and Building Services |
|
Tull, Keith |
Manager Planning Services |
|
Van Bracht, Derek |
Strategic Planning Co-ordinator |
|
Wastell, Graeme |
Process improvement Analyst |
|
Watts, Kevin |
Business Services Manager |
|
Webb, Le |
Coordinator Aquatics |
|
Williams, Graeme |
Civil Assets & Development Manager |
|
Wood, Joan |
Nominated Supervisor Eden Child Care Centre |
|
Woodley, Andrew |
Group Manager Planning & Environment |
|
Wright, Katrina |
CRL Administration Coordinator |
|
Vacant Position |
Financial Accounting Coordinator |
|
Vacant Position |
Supply Services Coordinator |
|
Vacant Position |
Supply Services Coordinator |
|
Vacant Position |
Storage Services Coordinator |
|
Vacant Position |
Supply Services Coordinator |
Forms for the period 1 July 2014 to 30 June 2015 were due to be lodged by 30 September 2014. All forms had been lodged with the following exceptions, staff that left the organisation during the reporting period:
Kirk, Julie Children’s Services operations Manager
Morey, Phillip Planner
Attachments
Nil
|
That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2015 and the positions required to submit returns for the period ending 30 June 2016 |
|
Council |
4 November 2015 |
Notices of Motion
04 November 2015
17.1 Support for a referendum to recognise the indigenous people as the first inhabitants of our land........................................................................................................................... 146
17.2 Evans Park, Kalaru - entrance and signage....................................................... 147
|
Council 4 November 2015 |
Item 17.1 |
Recognise is a movement established to achieve constitutional recognition of Aboriginal and Torres Strait Islander peoples. The Australian Constitution, while written more than a century ago, fails to acknowledge Aboriginal and Torres Strait Islander peoples, the original custodians of our land, a nation of peoples who had lived on the land for more than 40,000 years, sustaining and evolving the oldest living cultures on the planet.
Cr Kristy McBain
Nil
|
Council 4 November 2015 |
Item 17.2 |
Council undertook, with community support, to establish a green field site at Kalaru being Evans Park. The original plan was to use this is a sporting field however constraints on the site mean that it will now be used for passive recreation and is now open and available for use as a recreational space for the community.
Cr Kristy McBain
Nil
