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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Commemorative Civic Centre on Wednesday, 6 April 2016 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
29 March 2016
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
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 |
6 April 2016 |
Recommendation
That the Minutes of the Ordinary Meeting and Closed Session Meeting held on 16 March 2016 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 Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development..................................................................................................................................... 9
8.2 Community Environment Grants Review.................................................................................... 45
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
9.1 Quarterly Community Project Proposal Summary.................................................................... 52
9.2 2016 Bega Valley Shire Council Tertiary Scholarships ............................................................ 61
9.3 Naming of new library at Tura Beach.......................................................................................... 63
9.4 Licence Agreements - Old Merimbula School Site................................................................... 65
9.5 Regional Sporting Complexes Master Plans............................................................................... 70
9.6 Senior of the Year Award 2016................................................................................................. 117
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
10.1 Assignment of Lease - Tathra Beach Kiosk............................................................................... 120
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Acquisition of land for road widening - Atkins Anderson Road, South Wolumla.............. 124
11.2 Tenders for Construction Nutleys Creek Reservoir............................................................... 129
11.3 RFT 06/16 Merimbula CBD Bypass - Street Lighting & Power Asset Relocation Tender.. 132
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Australian Local Government Association: National General Assembly call for motions 136
12.2 Classification of land acquired at Bega..................................................................................... 139
12.3 Community Engagement Strategy for the Community Strategic Plan Review................. 141 .
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes
Nil Reports.
That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.
15.1 Country Mayors Meeting 11 March 2016............................................................................... 161
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public......................... 163
22.1 Bega Lands update
This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
Council |
6 April 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
8.1 Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development.......................................................................................... 9
8.2 Community Environment Grants Review............................................................ 45
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Council 6 April 2016 |
Item 8.1 |
8.1. Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development
Council has received a planning proposal from the Bunnings Group Ltd to rezone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development.
Group Manager Planning and Environment
Background
Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach are located on the south-eastern corner of the Tura Beach Drive and Sapphire Coast Drive intersection and are in the one ownership. The properties have a combined total area of approximately 4.5 hectares and are currently vacant and largely cleared.
The two lots are deferred from Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and are currently zoned 1(c) Rural Small Holdings under BVLEP 2002.
At the Council meeting of 12 February 2014 Council considered a request to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development. At that meeting it was resolved:
”That the area be zoned B5 Business Development Zone.”
In accordance with the Resolution, a Planning Proposal was prepared by Council staff and lodged with the NSW Department of Planning’s Gateway Panel. On 10 December 2014 a Delegate of the Minister for Planning issued a Gateway Determination that the Planning Proposal should not proceed for a number of reasons. This Determination is included as Appendix 1 to this report.
The current (new) owner lodged a new Planning Proposal with Council on 9 February 2016. The Planning Proposal seeks rezoning of the land from 1(c) Rural Small Holdings to B5 Business Development Zone to accommodate a small format Bunnings store.
Planning Proposal
In support of the rezoning, the planning proposal states:
“The proposal to rezone the site to B5 Business Development to allow for the development of a Bunnings Warehouse:
· Is consistent with regional and subregional planning and transport strategies as well as local planning studies;
· Is not inconsistent or is justifiably inconsistent with relevant SEPPs and Section 117 Directions;
· Services the needs of the surrounding and nearby residential population and the business community; and
· Promotes job creation in Bega Valley.
“Furthermore, the concept plan for the site demonstrates that environmental factors can be adequately addressed and subject to more detailed assessment at the DA stage.
“The economic assessment accompanying this Planning Proposal demonstrates that the future intended use will have a positive economic impact upon the local community.”
A copy of the Planning Proposal is included as Appendix 2 to this report.
Conclusion
The Planning Proposal has been reviewed by Council staff who are of the opinion it contains sufficient information to meet the requirements of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning and Environment’s Guidelines for the preparation of a planning proposal.
Council previously supported the rezoning of the land to B5, but the land remains a deferred matter under Bega Valley Local Environmental Plan 2013. It is currently zoned 1(c) Rural Small Holdings under Bega Valley Local Environmental Plan 2002.
It is recommended that Council considers the Planning Proposal and determines the matter.
Attachments
1. Appendix 1 Gateway Determination Letter
2. Appendix 2 Planning Proposal
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1. That the Planning Proposal to rezone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development be determined. 2. If supported, the Planning Proposal be lodged with the NSW Department of Planning Gateway Panel. 3. The proponent be advised of Council’s resolution. |
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Item 8.2 |
This report details the community and environmental benefits gained by the Community Environment Grants Program between 2011 and 2016.
Group Manager Planning and Environment
Bega Valley Shire Council recognises the importance of supporting non-profit organisations and community groups which seek to improve the uniqueness of the Far South Coast environment. The Community Environment Grants (CEG) Program is setup to provide funding to support these groups in achieving environmental goals to benefit the Bega Valley Shire environment and residents.
The objectives of the Community Environment Grants Program are to:
· Support community groups and organisations to enhance, protect and restore the natural environmental assets of the Shire
· Encourage and foster environmental ethic and behaviour change amongst the community
· Increase community awareness and understanding of environmental assets
· Support conservation strategies currently undertaken by Council or State or Federal agencies within the Shire
· Assist in the provision of innovative environmental management projects.
The program is funded through Council’s Environment Levy Special Variation and administered by the Environmental Services Section within the Planning and Environment Group.
The CEG Program is into its fifth year of funding. Funding allocation for the program has increased from $30,000 in the first two years to $40,000 in the last three years which is approximately 10% of the levy annually. A maximum of $6,000 is available for any single project.
The CEG program fulfils the following strategic elements within the Community Strategic Plan;
Community Ambition: S2 Sustainable communities: Our community has the services, opportunities and support to live sustainably.
Outcome Area : S2.4 Community – based sustainability initiatives are supported and implemented across the Shire
Strategic Action : S2.4.1 Council will partner with groups and provide support to community based sustainability projects and activities
Community Ambition: S1 Valued natural environments
Outcome Area: S1.1 Threatened communities, flora and fauna species are protected and enhanced through the provision of buffers, landscapes scale corridors and recovery action
Strategic Action: S1.1.1 Increase awareness and understanding of values of biodiversity.
The CEG program fulfils Action Code S2.4.1.1 of the Annual Operational Plan relating to Strategic Action S2.4.1.
Action Code: S2.4.1.1
Annual Activity 2015-16: Continue annual implementation of community environment grants
Responsibility: Environmental Services
Over the five year period of the CEG program there has been a relatively even spread between coastal and inland sites of 50 percent and 43 percent respectively with the remainder having non-specific locations (Figure 1).
To date, the vast majority of CEG projects have contributed towards biodiversity outcomes focusing on revegetation and weed control (Figures 2 and 3) in many of the Bega Valley’s important riparian areas such as Bega River, Narira Creek and Candelo Creek as well as popular coastal reserves between Bermagui and Pambula. A high proportion of the sites are regarded as significant vegetation communities from both a landscape and ecological perspective. Many of the sites are classed as Endangered Ecological Communities (EEC) under the Threatened Species Conservation Act 1995. Many of the riparian areas in the Shire are also regarded as significant wildlife corridors. Furthermore, wetland sites are habitat for important migratory birds that visit the region.
Another 12 percent of projects funded have also included environmental education components through capacity building of volunteers, interpretive signage and raising local awareness through media and information days. This figure is unlikely to represent all awareness raising and education outcomes, as this often occurs in more passive forms.
Some of the more unique projects have included funding for a community arts project using waste, spill kits for Merimbula Marine Rescue, implementation of a Yam Daisy propagation program for local Kooris, community capacity building for native seed collection and biodiversity assessments.
Figure 1
Figure 2
Figure 3
The benefits of this program are not limited to environmental outcomes. There are a whole range of interrelated social benefits that assist in providing the foundation for effective ongoing natural resource management and also make for more satisfied residents. However, many of these benefits are more difficult to quantify such as capacity building of community members, connection to the local environment, social interaction through working bees, a sense of making a contribution, feeling valued and a sense of care and ownership over one’s local environment.
As groups have gained more experience they have also leveraged more funding from other sources, developed better networks, linked into more resources, influenced environmental outcomes and mentored other groups. Examples of groups where this has been observed include Bega River and Wetlands Landcare Group (BRAWL), Cobargo Community Action Network (CCAN) and Dry River Landcare Group.
The other important benefit of the CEG program is that community members feel more supported by their local government resulting in positive relations and building of trust between Council and the community.
In the period from 2011/2012 to 2015/2016 a total of $182,680 has been allocated to CEG projects from Council’s Environment Levy. A total of 44 projects have been funded out of 49 applications (Table 1). So far, 22 different community groups and non-profit organisations have received funding. The average funding towards each project has been $4,150. Typically the in-kind contributions have more than matched the approved funding, ranging between 100 to 200 percent of total funding, mainly through on-ground volunteer hours.
On average nine (9) groups have been funded per year. Each year has seen several new groups apply for funding. Several groups have received funding for up to four years, resulting in significant environmental outcomes on some sites, for example the reach of Candelo Creek close to Candelo Township has had almost 100 percent removal of willow infestations.
Since 2011 there has been a steady increase in the number of applicants (Table 1).
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Table 1: Financial year summaries |
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Financial Year |
Funding Budget $ |
# Grant Applications Received |
# Grant Applications Approved |
Total Grants Requested $ |
Total Grants Approved $ |
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2011/2012 |
30,000 |
7 |
7 |
31,015 |
30,754 |
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2012/2013 |
30,000 |
7 |
7 |
35,000 |
31,300 |
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2013/2014 |
40,000 |
11 |
10 |
51,420 |
40,000 |
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2014/2015 |
40,000 |
12 |
10 |
43,490 |
40,000 |
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2015/2016 |
40,000 |
12 |
10 |
49,130 |
40,626 |
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Totals |
180,000 |
49 |
44 |
210,055 |
182,680 |
In summary:
• Evidence so far suggests the program is meeting all of its objectives.
• The program is proving to be good value for rate-payers money.
• The program is achieving both environmental and social outcomes.
• The program fulfils strategic outcomes in the Community Strategic Plan.
• There is capacity to expand the program as demand suggests there is growing interest.
To this end it is proposed that the total available funds for the Community Environment Grants program, allocated from Council’s Environment Levy, be increased to $50,000 per annum.
Nil
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.
9.1 Quarterly Community Project Proposal Summary............................................. 52
9.2 2016 Bega Valley Shire Council Tertiary Scholarships ...................................... 61
9.3 Naming of new library at Tura Beach................................................................. 63
9.4 Licence Agreements - Old Merimbula School Site............................................. 65
9.5 Regional Sporting Complexes Master Plans....................................................... 70
9.6 Senior of the Year Award 2016......................................................................... 117
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Council 6 April 2016 |
Item 9.1 |
This report provides a summary of community project proposals received since 1 December 2015 for Council's information and consideration.
Group Manager Community, Relations and Leisure
The community has an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improvements to community facilities. New proposals, regardless of the project size, that require Council involvement need to be considered in the context of all project elements including: funding; personnel; procurement; workplace health and safety; environmental considerations; approvals; compliance; and ongoing maintenance. It is also important to consider how the proposed works can link and add value to other Council projects, particularly in terms of the maintenance and replacement of existing assets.
Council’s Community Project Proposal Procedure applies to the full spectrum of projects from small scale to larger scale and through to more complex projects. One of the aims of the procedure is to make sure all relevant project issues are considered and addressed.
The Procedure details how BVSC will receive, assess and manage project proposals by committees and community groups for the development and delivery of community infrastructure, civil assets and facilities. A key aspect of the Procedure is the reporting of proposals to Council for consideration.
The challenge is to give proposals the consideration they need and deserve and to work out where they fit with other planned and programed works. The level of resourcing and contribution sought from Council is an important consideration.
The level of information included needs to be sufficient to enable the merits and issues of proposals to be adequately considered by officers, before going to Council. This initial assessment by staff seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.
The complete Community Project Proposal Procedure and the Proposal Form is available on Council's website. Project proposals can be submitted using the Community Project Proposal Form ‘Attachment A’ and submitted to council@begavalley.nsw.gov.au
This report contains proposals received since 1 December 2015. Future proposals will continue to be presented on a quarterly basis to Council for consideration and noting.
Attached is a summary of the Project Proposals received including comments and recommendations. Hard copies of each of the full proposals received and the project assessment checklist have been distributed to Councillors for their reference and review. It should also be clear that in-principle support does not commit Council to funding the project, only that the idea is supported which will enable the applicant to progress with project development.
There can be legislative requirements that come into effect if the implications of works are not understood and accounted for in the project development stage. These include: environment and heritage; access and building code compliance; planning and development approvals; and in some instances land ownership.
Council has a number of strategic and operational plans that outline the current and future priorities of infrastructure, civil assets and facilities. For example Asset Management Plans (AMP) identifies current assets, their condition and when they will need to be replaced. The Long Term Financial Strategy outlines how Council will pay for the replacement or upgrade of those assets.
Council’s Procedure 4.01.3 Community Project Proposals has been developed to manage project proposals by committees and community groups for the development and delivery of community infrastructure, civil assets and facilities.
The objective is to provide a clear and consistent approach for Council officers, committees and community groups across the broad range of project types, scale, funding sources and delivery methods.
Submission of a Community Project Proposal does not guarantee approval. On occasions projects deemed as suitable may for a number of reasons, including available resources, be unable to proceed in the first instance. In these circumstances it may be appropriate for Council to formalise in-principle support for the project as this may provide opportunities for the applicant to source funding through other agencies.
Relevant key directions identified in the Council’s Operational Plan 2015/2016 are:
S4 Proactive support and planning: There is proactive planning with the community for the protection of our built and natural environment.
A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.
Council has an adopted capital works programs included within the asset management structure. Asset management capital works programs are based on asset renewal (e.g. replacing existing assets to meet a similar service or provision level) as determined in the Council’s AMP. The large majority of projects proposed by the community relate to new works or significant upgrades of existing assets. As such provision has not been made for including proposed projects in capital works programs already part of the AMP. Where projects are linked to works identified in AMP’s this is clearly noted.
The community has an important role in helping Council identify and deliver new and/or improvement projects. Council recognises and values the important role and contribution of committees, community groups and volunteers in the management, operation and maintenance of Council infrastructure, civil assets and facilities.
In developing the Community Project Proposal Procedure, consultation was undertaken with Council's Access Committee, the S355 Sportsground Committee and also through a workshop involving representatives of service organisations from across the Shire.
The project proposal form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal.
Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. It is important these people talk with officers prior to applying for funding to do work on Council assets. This ensures the project scope is clear and complete, the amount being sought is sufficient to complete the works and there is a level of coordination to prevent already approved projects competing with new projects for the same grants.
The table below shows a summary of Community Project Proposal applications received since 1 December 2015. Some applications do not require funding from Council, only permission and as such have been approved and completed.
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Total Proposals Received |
12 |
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Proposals approved – (Funded by applicant or required works) |
2 |
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Total value of all proposals |
$2,056,624* |
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Total Council contributions requested |
$39,800 |
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Proposals un-costed by applicant |
4** |
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Minor and Medium Projects |
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Council contributions requested |
$39,800 |
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Council contributions - Approved or recommended (Required works) |
($13,500) |
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Council contributions requested – Outstanding works |
($26,300) |
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Applicant contributions |
$116,824 |
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Total value of minor and medium projects |
$156,624 |
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Major Projects |
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Council Contributions requested |
$0 |
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Total value of major projects |
$1,900,000 |
NB: * includes $1.9m Lake Street Wharf Walk; ** ESSCI proposals submitted to be considered with this report
The Community Project Proposal Process seeks to provide a consistent framework for Council to receive and consider the wide range of suggestions for infrastructure projects put forward by the community. Often these projects relate to new works or major upgrades and as such have not been identified in the development of capital works programs included in AMPs.
The challenge is to give proposals the consideration they need and deserve and to work out where they fit with other planned and programed works. The level of resourcing and contribution sought from Council is an important consideration.
1. Community Project Proposal Summary March 2016 Attachment 6 April Council Report
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Council |
6 April 2016 |
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Item 9.1 - Attachment 1 |
Community Project Proposal Summary March 2016 Attachment 6 April Council Report |
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Item 9.2 |
9.2. 2016 Bega Valley Shire Council Tertiary Scholarships
Applications have been received for the Bega Valley Shire Council 2016 Tertiary Scholarships program.
Group Manager Community, Relations and Leisure
Background
Bega Valley Shire Council has awarded tertiary scholarships since 2009 in order to recognise and reward local students, and to promote educational opportunities in the Shire. The scholarships are an important way that Council supports young people experiencing barriers to higher education.
Council offers seven scholarships; three $1000 scholarships for university students and four $500 scholarships for students in vocational education. To be eligible for a scholarship students must be aged 18-25 years, reside in the Bega Valley Shire, study full time at a tertiary institution, and not be in receipt of any other financial scholarship. Preference is given to applicants experiencing financial hardship.
Consultation undertaken with tertiary providers in late 2015 suggested the scholarships would achieve a greater reach if they were promoted early in the calendar year. Following this feedback, scholarship nominations opened in December 2015 and closed on 14 March 2016.
The scholarships were widely promoted across the Shire through local newspapers, social media, and directly to community organisations and providers of education and training. Creative brand building promotional techniques were employed to positively promote Council. This campaign raised the profile of the scholarships and resulted in a record number of applications being submitted.
In total nineteen applications have been received.
Strategic
The Scholarships address two strategic outcomes in the Liveability section of the Bega Valley Community Strategic Plan 2030; Outcome L2.4: Advocate for increased opportunities for post school and adult education; and Outcome 4.1 Young People are involved in all aspects of local life - including civic leadership, business, education and volunteering.
Financial and Resources
The scholarship funds have been allocated in the Community Development budget area.
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Funding source |
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Amount |
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Tertiary Scholarship |
$ |
5,000 |
Conclusion
It is important Council identifies ways to support young people in the Shire to reach their potential. The Bega Valley Shire Council Tertiary Scholarships is an effective way to assist students in their pursuit of an education. Nineteen applications have been received from an impressive group of young people living and studying in the Bega Valley Shire. A Confidential Memorandum summarising the applications is provided for Council’s consideration.
Attachments
1. Memorandum Bega Valley Tertiary Scholarships (Councillor Only) (Confidential)
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1. That Council resolve on the recommendation as outlined in the Confidential Attachment. 2. That Council awards the Bega Valley Tertiary Scholarships to (Insert names). 3. That the Tertiary Scholarships are awarded as part of the National Youth Week 2016 celebrations (8 April 2016 to 17 April 2016). 4. That officers advise all applicants of the outcome. |
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Council 6 April 2016 |
Item 9.3 |
9.3. Naming of new library at Tura Beach
Following community engagement, suggestions have been received to name the new Library and Community facility at Tura Beach.
Group Manager Community, Relations and Leisure
Background
The new library and community facility at Tura Beach provides a unique and exciting opportunity for both Council and the community. To offer a facility that combines a space for learning and knowledge with a space for community programs is a first for the Shire.
Construction on the new library and community facility in Tura Beach is well underway. Following construction, fit out and commissioning, it is anticipated the new facility will open to the community mid-year.
It is appropriate a name be selected for the new facility and it is important the community feel some ownership and connection to the facility and services to be offered. Council undertook a community engagement process to elicit suggestions for the name of the new facility. The full list of names submitted is attached.
The suggested names have been workshopped with Councillors, on the basis of feedback received by Council Officers Tura Marrang Library and Community Centre is being recommended as the name of the new facility.
Issues
Strategic
Policy
The delivery of a new library and community facility at Tura Beach is included in Council’s Library Services Strategic Plan.
Operational Plan
The delivery of the library and community facility is one of the key outcome areas identified in Council’s Operation Plan for 2015/16. It links to the Key Strategic Outcome L2.2 Strengthen Bega Valley Library Service as a centre for life-long learning by optimising branch libraries and the services they provide.
Social/Cultural
Council has made a decision to utilise Aboriginal names for the spaces within the Bega Valley Commemorative Civic Centre to recognise the Cultural Heritage and the Traditional Owners of the Shire. This process continues to support and recognise the traditional owners of the land and waters of the Shire and support the continued implementation of the Memorandum of Understanding between Council and the Local Aboriginal Land Councils.
Marrang is the Aboriginal word for beach or sand, it seems an appropriate choice given the coastal location of the new facility. The local Aboriginal community was consulted during this process in relation to both the use of the word and to its meaning and most appropriate spelling.
The Tura name has a long association with the site of the new facility and the Bega Valley Genealogy Society was able to provide some history. The ‘1866 Bailliere's New South Wales
Gazetteer and Road Guide' references Tura Point as a rocky promontory, standing boldly out on the coast, about 3 miles north of Merimbula. Tura was identified as the name of the Munn family farm referred to in an article in the Bega Gazette - Wednesday 22 April, 1885.
Consultation
A media release was distributed on 5 February 2016 seeking the community’s assistance and suggestions were taken via Council’s webpage, Facebook pages and via suggestion boxes at each library until Friday 19 February 2016.
The suggested names were to include the words ‘library’ and ‘community’. The response from the community was positive with twenty two (22) suggestions put forward for consideration. The list of the 22 suggested names is attached.
The recommended name was suggested by a member of the community. They thought the name was appropriate as it recognises links to both the coastal location of the facility and to the Aboriginal Community.
Financial and Resources
The signage for the new facility is included as part of the construction contract.
Conclusion
Names are important and powerful they acknowledge our past and honour our heritage. The announcement of the facility's new and permanent name will give it its own identity and start to build some excitement in its opening.
One important way to recognise the cultural heritage of the Shire and to acknowledge the traditional owners of the lands and waters of the Shire is through the naming of community facilities.
Attachments
Nil
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1. That the report be noted. 2. That Council endorse the name Tura Marrang Library and Community Centre for the new library and community facility located at Tura Beach. |
|
Council 6 April 2016 |
Item 9.4 |
9.4. Licence Agreements - Old Merimbula School Site
The licence agreements for the Merimbula Imlay Historical Society and the Merimbula Branch of the Scouts and Guides Associations to occupy the Old Merimbula School site have expired and are due for renewal.
Group Manager Community, Relations and Leisure
Background
The Old Merimbula Public School site is located on a Crown Reserve and is managed by the Old Merimbula School Site (R84856) Reserve Trust, the affairs of which are managed by the Bega Valley Shire Council.
The Merimbula Imlay Historical Society have occupied the old school building located at the front of the site via a 5 year licence agreement which expired in February 2016 and the Merimbula Scouts and Guides Associations have occupied the old hall and a section of land located at the rear of the site also via a 5 year licence agreement expiring at the same time.
As the Crown reserve is used by both parties, it is recommended their occupation of the site continue by way of a licence agreement, which does not provide exclusive use to the reserve by either party, or require subdivision for lease purposes.
AREA TO BE LICENSED BY THE MERIMBULA IMLAY HISTORICAL SOCIETY
AREA TO BE LICENSED BY THE MERIMBULA SCOUTS & GUIDES
Issues
Legal
As the proposed licence agreements are to be granted to not-for-profit community organisations and do not exceed five years in duration, the proposals will not require advertising.
In accordance with the requirements of the Crown Lands Act, Council must also obtain the Minister’s consent to enter into any new licence over Crown Land.
The in-principle support of Crown Lands was sought to enter into another five year licence agreement with Merimbula Imlay Historical Society and the Merimbula Branch of the Scouts and Guides Associations; however the advice received was that in order to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the current operator was appropriate in this instance.
For the following reasons, a public competition process would not be considered beneficial:
· The Scouts and Guides Association is locally based, stand alone and not-for-profit. It has a voluntary management committee comprising local area representatives from both groups. The organisation itself is part of a wider group but the management is undertaken locally;
· The Scouts and Guides Association provides an important service for the children and young people of the local community;
· The Scout and Guide Hall was built from money raised by the committee and while the predominate use is for Scouts and Guides, other community groups utilise the facility such as playgroups, aged care, support groups, dance groups, vacation care and after school care. The hall is a valuable resource to the community and is maintained by the licensees;
· Merimbula Imlay Historical Society is also a not-for-profit charitable organisation that offers a valuable service to both tourists and the local community;
· The Merimbula Imlay Historical Society operating from the Old School Museum was formed to preserve the history of the local area;
· The Merimbula Imlay Historical Society have carried out extensive restoration works to the old school building over the years with funding raised through grants, society income and community contributions;
· The cost involved in carrying out a market testing/public competition process is greater than the rental achievable once a community not-for-profit rebate is applied.
Strategic
Policy
The Historical Society and the Scouts and Guides Associations have both submitted an application for rental rebate in line with Council’s Rental Assessment and Rebate Procedure. The applications were evaluated using the matrix contained in the procedure and the rental rebates achieved were:
· Merimbula-Imlay Historical Society 96%
· Merimbula Scouts and Guides Associations 99%
Asset
The market rental assessment which was commissioned by Council in 2010 for the Old Merimbula School building indicated a rental figure in the order of $28,000 - $30,000 per annum could be achieved if it were to be leased on a commercial basis. As the museum is only open to the public on two afternoons during the week and for several hours on a Saturday, it is considered that any market rental figure should be based on occupation of the site three days per week only.
The building has for many years been managed effectively by the Merimbula Imlay Historical Society and it is considered a museum is currently the best available use for the site, taking into account the heritage listing of the building and the dedication of the reserve for public buildings only.
The recent market rental assessment for the section of the reserve occupied by the Scouts and Guides indicates that a rental of between $12,000 - $13,000 per annum may be achievable.
The Scouts and Guides have occupied the site since 1987 and financed the construction of a colourbond hall at the rear of the site shortly after that time. The market rental assessment therefore was conducted on the basis of the Scouts and Guides occupying the old school hall building and the land value of the licensed area only. Their previous licence agreement contained a special condition which provided that on termination of the licence agreement, the licensor agrees to allow the colourbond hall constructed by the licensee to remain on the site.
Due to the limitation of the Crown Reservation, being for public building purposes and as Council do not have any immediate plans to use the Old Merimbula School site for any other purpose, it is recommended that further five year licences be entered into with the Merimbula Imlay Historical Society and the Scouts and Guides Associations for their continued occupation of the reserve.
Social / Cultural
The voluntary efforts of the Merimbula Imlay Historical Society in maintaining the heritage listed building over the years are certainly acknowledged and appreciated not only by Council, but the many locals and tourists who have had the opportunity to visit the museum.
It is also acknowledged the Scouts and Guides Associations are a wonderful asset to the area as they encourage the physical, intellectual and social development of our young people so they can play a constructive role in society and be responsible citizens and members of the local community.
Consultation
Both the Historical Society and the Scouts and Guides Associations have indicated they wish to enter into further five year licences for their occupation of the site.
Financial and Resources
Council’s Rental Assessment and Rebate Procedure provides for a minimum annual rental fee which does not attract any rebate. The Crown Lands minimum annual licence fee is equivalent to Council’s and is currently $510.40 per annum for all leases and licences.
On the basis that the Merimbula Imlay Historical Society are a not-for-profit community organisation, it is considered appropriate that Crown Lands be requested to consider rebating the market rental valuation by the rebate percentage achieved so they will only be required to pay an annual fee of $510.40.
Crown Lands Rebate Policy for Crown Land Tenures notes Boy Scout organisations as Category 1 (Community Volunteer Service Groups) who are eligible for a rebate of market rent down to Crown Lands statutory minimum rental which is currently set at $510.40 per annum.
All annual licence fees collected enable further maintenance to be carried out on the buildings and the reserve by the Trust.
Staff time has been required to consult with the licensees and Crown Lands regarding the requirement for new licence agreements. Further liaison with Crown Lands will also be required to arrange execution of both agreements and endorsement of Minister’s consent. Ongoing management of the licence agreements during their term will also require staff resources as required.
Conclusion
Crown Reserve 84856 at Merimbula has been occupied harmoniously by the Merimbula Imlay Historical Society and the Scouts and Guides Associations for over 25 years. It is for this reason staff recommend both groups be given the opportunity to continue to occupy the site for a further period of five years.
Both organisations contribute to the on-going maintenance and upkeep of the reserve and buildings, which would otherwise be the responsibility of Council.
Attachments
Nil
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1. That Council, as Reserve Trust Manager of the Old Merimbula School site (R84856) Reserve, resolve to enter into a further five year licence agreement with the Merimbula Imlay Historical Society Incorporated for the occupation of the Old School House Building located on Crown Reserve 84856 at Merimbula at the annual rental fee of $510.40 per annum. 2. That Council, as Reserve Trust Manager of the Old Merimbula School site (R84856) Reserve, resolve to enter into a five year licence agreement with the Merimbula Scout & Guide Associations for the continued occupation of the Old School Hall and section of land at the rear of Crown Reserve 84856 at Merimbula at the minimum annual rental fee as set by Crown Lands and currently $510.40 per annum. 3. That authority be given for the Mayor and General Manager to execute both Licence agreements. 4. That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s formal consent to enter into both licence agreements. |
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Council 6 April 2016 |
Item 9.5 |
9.5. Regional Sporting Complexes Master Plans
Council, in consultation with key users and stakeholders have developed draft Master Plans to guide the future development of the two identified regional sports facilities at Bega and Pambula Beach. The final drafts of the Sporting Complex Master Plans are reported to Council for adoption.
Group Manager Community, Relations and Leisure
Background
At the 25 November 2015 Council meeting the draft Master Plans were endorsed for public exhibition. Comments, feedback and submissions were received during the exhibition period from 2 December 2015 to 2 February 2016.
The aim of the Regional Sporting Facilities Master Planning project has been to develop and adopt strategic planning documents for the two identified regional sportsgrounds located in Bega and Pambula Beach. Master planning for both sites has been done concurrently by Ross Planning so the uses of the two sites can be discussed and defined to complement each other.
These Master Plan documents will guide the future use and development of regional sporting facilities to meet the current and identified future needs of the community. Once adopted, the documents will be a useful resource in the planning of both capital renewal and new works on the sites. Referral to an adopted master plan document is a critical aspect of completing funding applications, particularly for major projects.
Issues
Legal
The area known as Bega Sports Complex (and Bega Recreation Ground) is a mix of Council owned community land and Council managed Crown Land. The area of Pambula Sports Complex is Council managed Crown Land.
Strategic
The Master Plans identify the current and future needs of the community and guide the creation of sporting and recreational facilities to cater for those needs. Importantly the planning process also identifies opportunities that will add value to the sites and allow for sites to increase recreation opportunities and participation by taking a ‘multi-purpose’ approach and that future improvements provide good value to the broader community and are fully utilised.
Economic
The provision of well-planned multiple use and adaptable facilities provides opportunities for a both regular uses and a range of annual events which can lead to economic benefits and increased visitors to the shire.
Policy
The use of facilities will relate to several Council policies including the use of public land procedure, bookings and use of sportsgrounds and the effective implementation of the Facility Management Plans for the sites.
Operational Plan
The delivery of the Regional Sporting Facilities Master Planning Project links to the following ambitions and outcomes identified in the Bega Valley Community Strategic Plan 2030:
Community Ambition A2: Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.
Outcome Area A2.3: Safe and well maintained sporting fields, recreation areas and built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.
The completion of the project is identified within action A23.2.1 in the BVSC Operational Plan 2015 – 2016.
Consideration of Squash Courts
At the Council meeting on 10 June 2015 Council considered the report 22.1 Proposed Squash Court Facility – Sapphire Aquatic Centre. Council resolved:
1. That Council defer the construction of a squash facility at Sapphire Aquatic Centre pending the development and adoption of a masterplan for the Pambula Sporting Complex and Access to appropriate levels of external funding.
2. That Council authorise officers to work with the Merimbula Squash Club to access the old squash courts in Merimbula under terms and conditions that do not interfere with any future resolutions for the site.
The Merimbula Squash Club made a submission during the exhibition period. It included:
- Information on the club's history and membership;
- A history of Council’s consideration of developing a squash facility at Sapphire Aquatic Centre; and
- Information and support from Squash NSW and Squash Australia.
Full consideration of the submission required the consultants working on the masterplan documents to make contact with NSW Squash and Squash Australia to provide some clarification of information that had been included with the Merimbula Squash Club's submission. Both the submission from Merimbula Squash Club and a summary of the consultant’s findings are included in a Confidential Councillor only attachment.
An important theme arising out of information from NSW Squash and Squash Australia is that the current trend in squash court development is their inclusion in larger multi-sport indoor centres.
A key aspect of the masterplans has been to best meet current and future community needs across a broad range of uses and user groups. A major element is development of facilities that are able to have a number of uses and applications. This can be seen by the broad range of different community groups that have been advised of and involved in the master planning process. An outcome of this process is there has been no multi-sport indoor centre proposed at the Pambula Sporting Complex with the majority of those stakeholders consulted identifying other projects a higher priority.
Environmental / Sustainability
Major projects and works identified will each require a Review of Environmental Factors to be completed in the development of those specific projects.
Asset
In total, there are 13 sportsgrounds of varying sizes throughout the Shire, managed by Council or a Committee. Council, through its asset management process, has classified each of the Sportsgrounds as Regional (2), District (5) or Neighbourhood (6).
The Bega Sports Complex and Pambula Sports Complex are identified as regional sportsgrounds in Council’s Parks and Recreation Asset Management Plan. Draft Facility Management Plans have been developed in consultation with representatives of the sportsground committees for each site. Facility Management Plans direct and guide the operations and management of the facilities.
Social / Cultural
Both the sites host regular sports matches for local teams throughout the year for a variety of sports. In addition both complexes host other facilities and events including regional finals matches, popular skate parks, indoor facilities that are available to community groups, community events and festivals and both have associations with local schools. When combined, these uses see the facilities serve important community and social functions.
The Master Plans seek to plan sites that provide multi-purpose facilities to meet the needs of the community into the future.
Consultation
Consultation for the development of the draft master plan was an essential aspect of the master planning project and included:
· Councillor workshops (2);
· Community workshops (5) (over 80 attendees in total);
· Online surveys (397 responses);
· Various user/club/stakeholder interviews;
· Various sporting association interviews; and
· Public exhibition of the draft documents for two months.
Project awareness has been promoted through press releases, local newspapers, sportsground committees, social media and local radio. Reminders were issued by press release and over the radio in mid-January to make submissions.
Clubs, user groups and stakeholders advised of the master planning projects and consulted in their development come from a very broad range of the community. They include interests in: cricket; soccer; rugby league; AFL; hockey; netball; public and private schools; equestrian/pony clubs; chambers of commerce and service groups; dance; table tennis; squash; and major event holders. The master plan documents also note the important benefits and consideration of availability and access for the broader community for passive, informal and general recreational uses of the sites.
During the extended public exhibition period there has been both broad and focused consultation. The exhibition of the draft plans has been promoted through media releases and radio. Community workshops were promoted and held at both sites. Opportunities to provide written feedback and comments through mail, email or Council’s ‘Your Say’ page were promoted. A summary of issues and feedback raised during the exhibition period is included in the Master Plan documents.
Financial and Resources
The Regional Sporting Facilities Master Planning Project is being funded through the Leisure and Recreation area budget.
The master planning documents will identify and prioritise significant projects which will require funding and resourcing in the future however having formally consulted and adopted the Master Plans will put Council and the community in a good position to plan how the projects will be resourced and to apply for external funding as opportunities arise.
Conclusion
The final draft Regional Sporting Facility Master Plans for Bega Sports Complex and Pambula Sporting Complex have been completed and amendments made considering comments and feedback received during the exhibition period. A summary of the feedback and the amendments and/or comments in response to the feedback has been included in the documents. The final documents are being reported to Council for adoption.
Once adopted, the Master Plans will provide a framework for the future development and enhancement of the sporting facilities. Importantly the planning process has looked to add value to the sites and ensure these sites are well managed and fully utilised into the future.
Attachments
1. Pambula Sporting Complex Master Plan final draft
2. Bega Sporting Complex Master Plan final draft
3. Pambula Sporting Complex - Supplementary Information Squash Courts (Councillor Only) (Confidential)
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1. That the report be noted. 2. That Council adopt the Regional Sporting Complex Master Plans for Bega Sports Complex and Pambula Sporting Complex. 3. That users and stakeholders be notified and thanked for their interest and input into the planning projects. |
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Council 6 April 2016 |
Item 9.6 |
9.6. Senior of the Year Award 2016
Selection of the 2016 Bega Valley Shire Council Senior of the Year Award.
Group Manager Community, Relations and Leisure
Background
Council recognises the tireless work people do in the Bega Valley through a number of awards and celebrations including: Australia Day Awards; Seniors Festival; Bega Valley Medallion; and the Women’s Day Scholarship. In addition, there are further awards provided by local service clubs across the Shire on Australia Day, plus State and National awards and recognition.
Council recognises the contribution of an outstanding older person through the annual Senior of the Year Award. This award recognises the significant way in which older people improve and serve our community in a range of fields.
The Senior of the Year Award has been presented as part of Council’s Seniors Festival programs at the Seniors Luncheon, the Golden Gig. This year the Golden Gig will be held on Saturday 9 April at the Bega Valley Commemorative Civic Centre. In recent years, all nominees for Senior of the Year Award have had their contributions individually recognised as part of the celebrations.
Calls for nominations for the Senior of the Year Award 2016 were originally distributed as part of Council's broader advertising for the Australia Day Awards. A further call for nominations occurred in January 2016. Applications closed on 19 February 2016. No applications were received for the Senior of Year; however a number of nominations were received in 2015 that would be worthy recipients for consideration.
A Confidential Memorandum regarding Senior of the Year for 2016 is attached for Council’s consideration.
Issues
Strategic
Policy
Council’s current policy is to call for Senior of the Year nominations at the same time as other Australia Day Awards (January), but to award and announce the Senior of the Year during the Seniors Festival in April (previously Seniors Week).
Officers are of the view this policy should be reconsidered in light of receiving no applications for Senior of the Year following the advertising for nominations in January. Awarding the Senior of the Year on Australia Day would elevate the status of the Award and would be concert with other government awards on Australia Day. For example the Commonwealth Government has the following awards: Australian of the Year; Senior Australian of the Year; Young Australian of the Year; and Australia's Local Hero. The New South Wales Government awards: Citizen of the Year; Young Citizen of the Year; Sportsperson of the Year; and Australia Day Award.
Providing the Award on Australia Day also provides greater flexibility in how and what Council runs during the Seniors Festival. The provision of an Award ties Council to having a ceremony of some description during the Seniors Festival, where in fact there may be other activities that are more relevant to celebrating the Bega Valley’s senior residents. For example Council currently has a Seniors Festival grants program that is oversubscribed every year and capped, limiting what can be achieved by organisations wanting to run activities during the Seniors Festival. Allocating additional funds to this grants program instead of Council running a major event could provide for additional activities and greater reach into the community during the Seniors Festival.
Aligning the awarding of Senior of the Year with the Australia Day award also creates greater efficiencies by simplifying the process for community and staff, and eliminating duplication of effort in running two award ceremonies.
Operational Plan
The Senior of the Year Award supports outcomes identified in Council's Community Strategic Plan, under Community Ambition L4 Opportunities for all Stages of Life; we have the opportunity to pursue meaningful employment, volunteering, and wellbeing through all stages of life, and the contributions we make in our community are valued.
Social / Cultural
The Bega Valley Shire has one of the highest levels of volunteering in NSW, and the value of this to local communities is immeasurable. The Senior of the Year is one way of recognising the valuable contribution people have made to the Bega Valley over a long period.
Financial and Resources
Costs associated with the Senior of the Year Award 2016 are accounted for in Council’s Budget for Seniors Programs which includes costs associated with the Golden Gig. The administration of the Award is undertaken by Council staff.
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Funding source |
|
Amount |
|
Seniors programs |
$ |
7,000 |
|
Total |
$ |
7,000 |
Conclusion
It is important for Council to identify ways to recognise the important contribution older people make to our community. The Senior of the Year Award 2016 is one way that Council can do this and officers are of the view that aligning this with the Australia Day awards from 2017 will give it the status it deserves.
Attachments
1. Memorandum Senior of the Year 2016 (Councillor Only) (Confidential)
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1. That Council note the report. 2. That Council consider the recommendations as contained in the confidential memorandum. |
Council |
6 April 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr McBain.
10.1 Assignment of Lease - Tathra Beach Kiosk....................................................... 120
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Council 6 April 2016 |
Item 10.1 |
10.1. Assignment of Lease - Tathra Beach Kiosk
The current lessee of the Tathra Beach Kiosk has notified Council they wish to sell the business and approval is therefore sought to assign the current lease to the proposed new business owner.
Group Manager Strategy and Business Services
Background
The Tathra Beach Kiosk is located within the Tathra Beach Reserve (79310) at Tathra, the affairs of which are managed by the Bega Valley Shire Council.
As required under the Crown Lands Act, Council conducted an expression of interest process in March 2015 for the future lease of the kiosk building. As a result of that process, one submission was received from the existing operators, Bibi’s Pty Ltd. Council (as Reserve Trust Manager) formally approved a further ten year lease to Bibi’s Pty Ltd which commenced on 1 July 2015.
Due to the resignation of key staff, Bibi’s Pty Ltd have now moved to sell the business to another experienced operator and have requested Council approval to assign the remainder of the lease term to the proposed new business owners. A copy of the supporting information received from the proposed assignees is attached for the information of Councillors.
Issues
Legal
Council Resolution is required in order to assign the lease prior to seeking endorsement of Minister’s consent. Once approved by Council and the Minister, the Deed of Assignment documentation will be executed by all parties to the agreement. The Deed of Assignment provides the new business owner with the same rights and privileges as the current lessee, but ensures they also comply with the existing terms and responsibilities contained in the current lease until the end of its term.
Asset
As part of the Expression of Interest process, the current lessee Bibi’s Pty Ltd, made a commitment to expend a sum of $50,000 over the first five year term of the lease to carry out essential repairs to the building. Accordingly, such a clause was added to the lease documentation. The assignee has been made aware they will now be required to undertake the works identified at their expense over the next four years.
Social / Cultural
The Tathra Beach Kiosk is well patronised by both locals and visitors to the Shire and is an asset to the Reserve and its users. The Assignees have indicated in their proposal they will be open all year round, including weekend trading (breakfast, lunch and dinners) during the winter months. The current operator has in the past closed for the period from May to September.
Consultation
Crown Lands staff in Nowra have been consulted in relation to the proposed assignment of this lease and have advised that provided Council, as the appointed Trust Manager of Reserve 79310 at Tathra, considers the prospective lessee has the appropriate skills, experience and financial resources to take over the business for the remainder of the current lease term, they would be prepared to consider assignment of the current lease agreement on the same terms and conditions.
Financial and Resources
The current rent achieved for the building is $18,034.56 per annum, with the lease having the provision for an annual increase by CPI and a further market rental valuation to be obtained in 2 years’ time.
Council staff time will be required to prepare and finalise the Deed of Assignment documentation and seek the necessary Ministerial consent. Staff resources will also be required to manage the agreement during its term and ensure the repairs and financial contribution milestones are met by the assignee.
Conclusion
The proposed assignee’s, Peter and Lona Berlowitz and Carolyn Fraser, have the necessary experience in hospitality, hotel, restaurant management and catering, having operated the Thredbo Alpine Club for the past 19 years. Ms Fraser is a fully qualified chef who also holds a Bachelor of Economics and has worked in hospitality all her working life. Ms Fraser has also owned and operated restaurants in the Snowy Mountains area of NSW and throughout Queensland.
It is therefore considered appropriate approval be granted for the assignment of the current lease to the proposed new business owners upon finalisation of the sale.
Attachments
1. Supporting Information from Proposed Assignee (Councillor Only) (Confidential)
2. Food Safety Certificate
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1. That Council, as Reserve Trust Manager, approve in principle the assignment of the current lease for the occupation of the Tathra Beach Kiosk, located on Crown Reserve 79310 at Tathra from Bibi’s Pty Ltd to Berlowitz and Fraser. 2. That the Mayor and General Manager be authorised to execute the necessary documents. 3. That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s consent to the assignment. |
Council |
6 April 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Acquisition of land for road widening - Atkins Anderson Road, South Wolumla 124
11.2 Tenders for Construction Nutleys Creek Reservoir........................................... 129
11.3 RFT 06/16 Merimbula CBD Bypass - Street Lighting & Power Asset Relocation Tender 132
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Council 6 April 2016 |
Item 11.1 |
11.1. Acquisition of land for road widening - Atkins Anderson Road, South Wolumla
Council carried out road widening works on Atkins Anderson Road at South Wolumla in 2005 and this report seeks current Council approval to finalise the land matters.
Group Manager Transport and Utilities
Background
Council recently received a request from Land and Property Information to allow a conversion of Lot 10 DP 1097684 from the old system to Torrens title. Investigation shows this parcel of land was associated with a historic road widening on Atkins Anderson Road at South Wolumla and was intended to be transferred to the adjoining land owner as part compensation for land acquired by Council to carry out the road widening.
Council completed the construction of a new concrete bridge on Atkins Anderson Road at South Wolumla in 2005. Part of the area required for the new road reserve was located on property owned by Mrs Margaret Esme Dunning. A formal Deed of Agreement was executed between Council and Mrs Dunning which provided that a section of unformed road reserve (now Lot 10 DP 1097684) be closed and transferred to Mrs Dunning in part compensation for land acquired from her for road widening purposes. In addition to the section of closed road to be transferred to Mrs Dunning, an agreed amount of $5,250 was also paid. The plan of land to be acquired and closed under the Roads Act 1993 was registered on 8 August 2006 however transfer of Lot 10 to Mrs Dunning was never finalised.
Issues
Legal
To finalise the land matters associated with this process, Council's external legal providers will be required to prepare Transfer documentation and arrange for its execution and registration. Unfortunately, Mrs Dunning has now passed away and the Title will need to be transferred in accordance with the terms of her Will to the beneficiary Mr Wayne James Dunning who is also now the owner of the adjoining land.
Asset
The new concrete bridge and road widening works were completed in 2005, with the land acquired from the property owner for these works dedicated to Council as public road.
Consultation
Council’s external legal providers have informed the Estate of the Late Margaret Esme Dunning the transfer of the section of closed road is now to be finalised as per the terms of the Deed.
Financial and Resources
Council acquired 7,751m2 of Mrs Dunning’s land for the purpose of road widening for a sum of $5,250 in addition to the transfer of the closed road (being Lot 10 DP 1097684). Payment of the compensation was made on 15 February 2006. Council property staff and legal providers will be required to finalise the relevant documentation and arrange registration at LPI.
Conclusion
A current Council Resolution is sought to affect the transfer of Lot 10 DP 1097684 to the Estate of the Late Margaret Esme Dunning to finalise the land matters associated with the road widening at Atkins Anderson Road, South Wolumla.
Attachments
1. Council report from 17 January 2006 - Acquisition of land Atkins Anderson Road, Wolumla
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The Mayor and/or General Manager be authorised to execute the necessary documentation to effect transfer of Lot 10 DP 1097684 to the current property owner of the adjoining land Mr Wayne James Dunning, as per the executed Deed. |
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Council |
6 April 2016 |
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Item 11.1 - Attachment 1 |
Council report from 17 January 2006 - Acquisition of land Atkins Anderson Road, Wolumla |
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Item 11.2 |
11.2. Tenders for Construction Nutleys Creek Reservoir
This report details the evaluation of RFT 05/16 - Construction of Nutley’s Creek Reservoir and recommends acceptance of a preferred tender.
Group Manager Transport and Utilities
Background
A new water supply reservoir to service the Bermagui Township has been a part of the long term water supply strategy for the town of Bermagui for many years. The new 4 million litre (4ML) reservoir is proposed to be constructed on Council owned land off Nutleys Creek Road which was acquired for this purpose more than a decade ago. This site was chosen to allow for a minimum of 60% increase in water pressure to the higher areas of Bermagui which currently suffer from poor water pressure.
The sizing of the reservoir also provides a 60% increase in storage capacity to ensure security of supply for current and future residents of Bermagui, as well as allowing for selected extraction of water from the Brogo River source to avoid pumping during floods, when water quality is poor. The increased capacity of the reservoir also supports the use of off-peak pumping to reduce operation costs.
A formal Review of Environmental Factors has been completed with measures identified to protect the environmental values of the area during construction. Site clearing was carried out in November 2015 in accordance with the recommendations of this study. Much of the cleared material has been mulched for erosion protection and landscaping on the site.
New inlet and outlet lines were installed along Nutleys Creek road in 2015 to allow connection for the new reservoir once completed.
Tenders were advertised on the NSW Government eTendering system and local newspapers. Tenders were open from 1 December 2015 and closed on 12 January 2016.
A tender evaluation plan compliant with the NSW Local Government Tendering Regulations and the Conditions of Tendering was prepared and endorsed by the tender evaluation panel prior to the close of tenders.
The evaluation was carried out on the basis of value for money, using price and non-price criteria with scoring and weighting of price and non-price criteria was set at 70:30.
The price criterion was:
· The extended amount of the schedule of rates
· The assessed value of any departures and qualifications
· The provisional rate
The non-price criterion was:
· Evidence of sufficient experience in undertaking similar projects
· Proposed project team
· Proposed construction methodology including program information
· Proposed local inputs/ benefits of engagement to the local community
Seven conforming tenders were received by the due date, supplemented by four non-conforming tenders. The tender evaluation was carried out in accordance with the Tender Evaluation Plan with a preferred tender identified in this process.
Issues
Legal
The tendering process complies with the Local Government (General) Regulation 2005.
Operational Plan
The proposed works are in accordance with Council’s Operational Plan.
Environmental / Sustainability
A formal Review of Environmental Factors (REF) has been completed for the project with measures identified to protect the environmental values of the area during construction.
To help meet sustainability goals, solar power has been included to power the control valves and telemetry.
Asset
Construction of the reservoir is being undertaken in accordance with the Water Supply Asset Management Plan.
Social / Cultural
Improvement to water pressure as well as additional security of supply will have positive social impact. Cultural heritage matters have been assessed as part of the REF process.
Consultation
Substantial consultation has occurred as part of the project.
Financial and Resources
The recommended tender amount is well within the combined budget for the construction of the reservoir and the accompanying new inlet and outlet mains allowed for in the Water and Sewerage Strategic Business Plan LTFP.
Conclusion
This report recommends award of the contract in accordance with details presented to Councillors in the Confidential Memorandum attached to this report.
Attachments
1. Nutleys Creek Reservoir Construction RFT 05/16 Memo (Councillor Only) (Confidential)
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1. That Council accept the recommendations as outlined in the Confidential Attachment. 2. That Council accept the tender submission from <insert> in relation to Construction of Nutleys Creek Reservoir as described in RFT 05/16, in the amount of <insert> (inc. GST), subject to variations, provisional sums and prime cost items. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That other tenderers be advised of Council’s decision. |
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Council 6 April 2016 |
Item 11.3 |
11.3. RFT 06/16 Merimbula CBD Bypass - Street Lighting & Power Asset Relocation Tender
This report details the outcomes of evaluation of Tender RFT 06/16 for the Merimbula Central Business District (CBD) Bypass – Street Lighting and Power Asset Relocation and recommends award to the preferred tenderer.
Group Manager Transport and Utilities
Background
The Merimbula CBD Bypass Project aims to reduce traffic congestion within the Merimbula CBD and improve through-traffic movement.
Detailed traffic studies and modelling were undertaken in 2009, resulting in Council adopting in March 2010 the recommended option to realign and upgrade Park Street to provide a traffic route linking the Market Street / Monaro Street intersection with the Merimbula Drive / Reid Street / Sapphire Coast Drive intersection.
The Merimbula CBD Bypass project will require the installation of street lighting and the relocation / replacement of power assets.
The tender was publically advertised on 18 February 2016 in the Sydney Morning Herald, local newspapers, the Council website and Tenderlink (e-tendering). The tender closed on 16 March 2016.
Tender documents were downloaded by 24 companies, and 4 tender submissions were received from:
· Allstate Power Pty Ltd
· Core Electrical & Communications Pty Ltd
· Gasniers Electrical Pty Ltd
· N.J. Constructions Contractors Pty Ltd
The tender submissions were assessed against the following evaluation criteria:
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Non-Price Criteria |
Weighting |
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Past Projects, Referees |
30% |
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Company, Key Personnel |
5% |
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Sub-Contractors, Suppliers |
5% |
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Programme |
5% |
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Local Content |
5% |
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WH&S |
Compliant / Non-Compliant |
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Total: |
50% |
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Price Criteria |
Weighting |
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Lump Sum |
40% |
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Price Breakdown, Variations, Tender Qualifications |
10% |
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Total: |
50% |
Issues
Legal
The recommended Merimbula CBD Bypass option was adopted by Council in March 2010.
The tender process has complied with the Local Government Act 1993.
Strategic
The Merimbula CBD Bypass is reflected in the Bega Valley Shire Traffic Study, the Merimbula Development Control Plan (DCP) and the Merimbula CBD Landscape Masterplan.
Operational Plan
The next phase of the Bypass Project will commence in late April 2016, after the commencement of the second school term for NSW, ACT and Victoria. The street lighting and the relocation of power assets works under this contract will be coordinated with the Council Bypass Project road and carpark works.
Environmental / Sustainability
A Review of Environmental Factors for the overall Bypass Project was undertaken by NGH Environmental, dated September 2015.
An Essential Energy Review of Environmental Factors Worksheet, dated December 2015, was undertaken specific to these works.
Asset
The assets are Essential Energy assets. The scope of works and design has been certified by Essential Energy.
Consultation
The Project has been communicated to the community over several years through:
· Council workshops, meetings and website;
· public exhibition of the Bega Valley Shire Traffic Strategy, the Merimbula Development Control Plan (DCP) and the Merimbula CBD Landscape Masterplan;
· presentations to Merimbula Chamber of Commerce and Merimbula Rotary Club; and
· media
releases to local media outlets.
Ongoing communication with the adjacent property owners, affected businesses and the community at large is of importance to promote community support for the project and minimise complaints and disruption during construction. This is being undertaken through the following:
· letters to adjacent property owners and affected businesses;
· ongoing communication with to the Merimbula Chamber of Commerce;
· media releases and public notices in local newspapers; and
· Council’s website / social media
Financial and Resources
Budget allocation is within the Merimbula CBD Bypass budget.
Conclusion
The Merimbula CBD Bypass Project will reduce traffic congestion within the Merimbula CBD and improve through-traffic movement. The street lighting and the relocation of power assets works under this contract are an essential element of the Project.
Attachments
1. Confidential Memo - RFT 06/16 (Councillor Only) (Confidential)
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1. Council accept the recommendation as outlined in the confidential attachment. 2. That Council accept the tender from (insert) in relation to contract for the works described in Tender RFT 06/16, in the amount of $(insert) (incl. GST), subject to variations and provisional sums. 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 |
6 April 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Australian Local Government Association: National General Assembly call for motions 136
12.2 Classification of land acquired at Bega............................................................ 139
12.3 Community Engagement Strategy for the Community Strategic Plan Review 141
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Council 6 April 2016 |
Item 12.1 |
The Australian Local Government Association (ALGA) has called for Motions from Councils to be considered at the National General Assembly to be held in Canberra from 19-22 June 2016.
General Manager
ALGA is the peak national body representing local councils across Australia. The National General Assembly (NGA) of Local Government will be held in Canberra from 19-22 June, 2016. The theme of the Assembly is “Partners in an Innovative and Prosperous Australia” and will focus on the roles and responsibilities of the public sector and the challenge of meeting our communities’ needs.
The program for the 2016 Assembly will cover a wide range of issues, reflecting the diversity of local government and its interests across Australia.
At its meeting on 23 September 2015 Council resolved to register three Councilors for the event. Crs Britten, McBain and Tapscott have accepted nomination to attend. Cr Seckold was nominated to attend the Australian Local Government Women’s Association Conference but due to cost she will not attend. Due to prior commitments Cr Seckold is unable to attend the NGA.
This Assembly is being held at an important period for government in Australia, with a Federal election likely to occur only weeks after the event.
Local government is an essential part of the Australian system of government. Local governments are democratically elected and provide “good governance” of local communities throughout Australia providing crucial local planning, services, programs and infrastructure.
ALGA has called for Motions to be considered at the General Assembly to be forwarded by 22 April 2016. Motions submitted will be reviewed by the National General Assembly Committee and State and Territory Local Government Associations to determine eligibility for inclusion in the NGA Business Paper. A discussion paper has been prepared by ALGA and circulated to Councillors covering the key themes of the conference. To be eligible for inclusion in the NGA Business Papers, and then debate on the floor of the NGA, Motions must follow these listed principles:
1. Be relevant to the work of local government nationally
2. Be consistent with the themes of the Assembly
3. Complement or build on the policy objectives of your state and territory local government association
4. Propose a clear action and outcome; and
5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.
Motions should be in a form that seek the NGA's support for a particular action or policy change, at the Federal level which will assist local governments to meet local community needs. Motions must be accompanied a declaration noting that the Motion has been endorsed by the Council.
At the time of preparing the Business Paper one draft Motion had been received, presented by Cr Britten and it is attached.
The 2016 National General Assembly of Local Government provides local government across Australia the opportunity to contribute to the important national discussion about the role of local government in national productivity, partnering, innovation and resourcing.
1. Cr Britten Draft Motion for ALGA National General Assembly Re Coastal Zones
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Council |
6 April 2016 |
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Item 12.1 - Attachment 1 |
Cr Britten Draft Motion for ALGA National General Assembly Re Coastal Zones |
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Item 12.2 |
12.2. Classification of land acquired at Bega
Council has recently completed the acquisition of Lot 21 DP 1214150 in Bega for the purpose of providing a Sewage Pump Station (SPS) to service the South East Regional Hospital and existing Glen Mia Estate. Final approval is being sought to classify the land as operational.
Group Manager Strategy and Business Services
Background
Council approved on 10 June 2015 the transfer of Lot 21 DP 1214150, Virginia Drive, Bega from Applegum Properties Pty Ltd to Council and the creation of easements over adjoining land. A new sewer pump station has been constructed on the land transferred to Council.
As the site is being used for the purpose of providing sewer infrastructure, it is recommended it should be appropriately classified as operational land under the Local Government Act 1993. (the Act).
Issues
Legal
Lot 21 DP 1214150 has now been transferred to Council’s ownership, with the Certificate of Title issued on 23 January 2016.
Strategic
Policy
Section 31 of the Act provides that a property may 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.
Consultation
The Public Notice advertisement appeared in all local papers during the week commencing Monday 15 February 2016, with the submission period closing on Friday 18 March 2016. No submissions were received objecting (or otherwise) to the proposal.
Conclusion
In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the Act, a Council Resolution is sought to classify the land recently acquired at Bega (Lot 21 DP 1214150) as operational land.
Attachments
Nil
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1. That Council note that a 28 day public notification process was completed on 18 March 2016 regarding the proposal to classify land to be acquired in Bega as operational land, with no submissions received. 2. That Council now resolve to classify Lot 21 DP 1214150 at Bega as operational land under Section 31 of the Local Government Act 1993. |
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Council 6 April 2016 |
Item 12.3 |
12.3. Community Engagement Strategy for the Community Strategic Plan Review
This report presents the Community Engagement Strategy that has been prepared to guide the preparation of the 2017 Community Strategic Plan in accordance with the Integrated Planning and Reporting Guidelines for Local Government in NSW for Council’s consideration.
Group Manager Strategy and Business Services
Background
Under the Local Government Act 1993 (the Act) each local government area is required to have a Community Strategic Plan (CSP) that has been developed and endorsed by Council. In accordance with the Act, Council has the opportunity to review its current CSP by June 2017. The CSP represents the highest level of strategic planning undertaken by a council on behalf of the community and identifies the local communities’ main priorities and aspirations for the future. The CSP is supported by a Resourcing Strategy, Delivery Program and Operational Plan within the Integrated Planning and Reporting framework.
The Act also specifies that the preparation, development, review and the contents of the CSP meet the requirements of the Integrated Planning and Reporting Guidelines for Local Government in NSW. Under these Guidelines Council is required to prepare and implement a Community Engagement Strategy based on social justice principles for engagement with the local community in developing and reviewing the CSP.
The review and development of the 2017 CSP consists of seven main activities:
· Research and Review - Development of ‘Indicators’ report
· Community Engagement Phase 1 – Understanding and Visioning
· Development of ‘Understanding Our Place’ report
· Community Engagement Phase 2- Goal and Priority setting
· Development and Draft CSP
· Community Engagement Phase 3 - Exhibition of Draft CSP
· Adoption of CSP by Council
Issues
Legal
The Community Engagement Strategy for the CSP is developed in accordance with the Act, Section 402(1)-(7) and within the framework of Council’s adopted Community Engagement Policy 5.17 and Procedure 5.17.1.
Strategic
Council staff has prepared a Community Engagement Strategy (the Strategy) for the development and review of the upcoming 2017 CSP (see Attachment 1 to this report).
Council’s role in the community engagement is to facilitate the participation of the general community and specific target groups in the process and host community planning forums to encourage discussion and debate.
The Strategy identifies relevant stakeholder groups within the community and outlines methods of engaging each group. The Strategy is based on Council’s Communications and Community Engagement Strategy and identifies three key considerations for community engagement in the development of the CSP as: connecting with hard to reach groups and individuals; ensuring a balance between the towns, villages and rural areas; and maximising connections and community knowledge.
The Strategy aims to involve as many community members as possible in the development of the CSP and allows for public participation at three stages of the planning process:
1. Community Engagement Phase 1 Understanding and Visioning
Community Engagement Phase 1 aims to start “community conversations” and connect with as many community stakeholders as possible to gain information via questionnaires, conversations and pictures. Engagement will occur through listening posts in the four central business districts and markets throughout the Shire, town hall drop in sessions in 11 small towns and villages and targeted conversations with specific stakeholder groups. A photo and picture competition will also be held to capture non-written feedback. Phase 1 runs from 23 April until 31 May 2016 and will be supported by a multi-media communications strategy.
2. Community Engagement Phase 2 – Goal and Priority Setting
Community Engagement Phase 2 consists of targeted consultation through facilitated workshops with representatives of special interest groups, relevant government agencies and professional Council staff to set goals and priorities around the key issues identified during Community Engagement Phase 1. The fourth community satisfaction survey will be conducted during this phase which will also be used as an input into the development of the Draft CSP. Phase 2 will run from throughout October and November 2016.
3. Community Engagement Phase 3 – exhibition of the Draft CSP
Community Engagement Phase 3 is the formal exhibition of the Draft CSP in accordance with the Act. The Draft CSP will be exhibited for a minimum of 28 days in May 2017. Feedback from the exhibition of the Draft CSP in the form of written submissions and will be considered by Council prior to the adoption of the document.
Consultation
The Consultation schedule is proposed as outlined in Attachment 1.
Financial and Resources
Allocations have been incorporated into the development of the 2017 Budget to factor in engagement activities for the review and development of the CSP.
Conclusion
The Community Engagement Strategy has been drafted to guide the preparation, development and review of the 2017 CSP meets the requirements of the Act and the Integrated Planning and Reporting Guidelines for Local Government in NSW.
Attachments
1. Draft Community Strategic Plan 2040 Community Engagement Plan
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Council receive and note the Community Engagement Strategy and proposed schedule for the review of the 2017 Community Strategic Plan. |
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Council |
6 April 2016 |
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Item 12.3 - Attachment 1 |
Draft Community Strategic Plan 2040 Community Engagement Plan |
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Council |
6 April 2016 |
Delegates Reports
06 April 2016
15.1 Country Mayors Meeting 11 March 2016........................................................ 161
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Council 6 April 2016 |
Item 15.1 |
15.1. Country Mayors Meeting 11 March 2016
The Mayor attended the Country Mayors Meeting on 11 March 2016 and the Matters of Interest arising from the meeting are outlined in this report for noting by Councillors.
Cr Britten, Mayor
Matters of Interest Arising
1. The Hon. Mark Speakman, SC MP, Minister for the Environment, Minister for Heritage, and Assistant Minister for Planning outlined the following issues:
a. New legislation being drafted on biodiversity from the NSW Farming Memorandum of Understanding
b. Container deposit scheme from 1 July 2017; still assessing
c. The Regional Clean Energy Program (RCEP) (dual responsibility with The Hon. Niall Mark BLAIR, MLC). Byron Shire Council is a test scheme; Uralla in Northern NSW is a zero debt energy town with 100pc renewable blueprint. NSW Government has received 45pc of federal reduction funding auctions and NSW is 80% towards achieving its 20/20 target
d. Office of Environment and Heritage - adopting climate change modelling
e. Floodplain Management assists Councils on a $2 for $1 input (budget 2016 inclusion)
f. $76m for hazard reduction in National Parks
g. Grants up to $100,000 for endangered species and a biodiversity law reform package for 120km2 flora reserves.
h. $20m Green Energy and Heritage Grants: applications open for the next 6 months
2. The Hon. John Barilaro, MP, Minister for Regional Development, Minister for Skills, and Minister for Small Business outlined the following issues:
a. Post June 30 2016 - significant funding in Restart NSW for regions likely to be available.
b. TAFE - new delivery service models and initiatives being implemented to support NSW industry including partnerships with Councils.
c. $300m grants available for tourism and environment (with The Hon. Mark Speakman, SC MP) over next 4 years in regional NSW includes infrastructure items including toilets, tourist information centres etc.
d. A Regional Planning Act
e. Abattoirs - encouraging advanced manufacturing in the regions to replace lost traditional industries
3. Other matters discussed:
LGNSW President Cr Keith Rhodes provided an update on NSW elections and amalgamations as per FFTF process.
Next meeting is on 10th June 2016.
Attachments
Nil
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Council |
6 April 2016 |
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.
RecommendationThat 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 Bega Lands update 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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
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