Ordinary

 

Meeting 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, 18 May 2016 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

10 May 2016

 

To:

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Sharon Tapscott

Cr Bill Taylor

 

Copy:

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Wayne Sartori

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Mrs Janelle Curtis

 

 

 


Live Streaming of Council Meetings

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.

Publishing Of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

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

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 


TO:      The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act  and regulations or dispensation issued by the Office of Local Government  I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd            mm         yy

Item no & subject

 

Interest (tick one)

Pecuniary interest                  Non-pecuniary conflict of interest

* Nature of interest

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

Item no & subject

 

Interest (tick one)

Pecuniary interest                 Non-pecuniary conflict of interest

* Nature of interest

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

Councillor

 

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

 

 


Council

18 May 2016

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 Recommendation

That an apology from Cr Britten and Cr Tapscott be accepted for their inability to attend the meeting and leave of absence be granted.

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 27 April 2016 as circulated, be taken as read and confirmed.

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Adjournment to Standing Committees

Recommendation

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

8       Staff Reports – Planning and Environment (Sustainability)

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

8.1                   Modification to 16 Lot Subdivision Lakewood Drive, Merimbula.......................................... 10

8.2                   Modification to 4 Lot Subdivision, Lakewood Drive, Merimbula............................................ 17

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

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

9.1                   Youth Engagement Review............................................................................................................ 26

9.2                   Bega Valley Regional Gallery Strategic Plan .............................................................................. 50

9.3                   Bega Memorial Clock Tower - Community Consultation.......................................................... 70

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

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

10.1                 Application for Financial Assistance - Section 356 - Interim Application........................... 112

11     Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1                 Release of Balloons into the Environment............................................................................... 116

11.2                 RFQ 07/16 Supply and Delivery of Two CCF Class 15 Road Graders and Ancillary Rollers 118

11.3                 RFT 03/16 Construction Tender for Gravel Re-sheeting Programme (2014 Flood Response)        120

11.4                 Acquisition of land at Candelo Showground for Candelo Sewage Treatment Plant......... 123

11.5                 Management and Operation of Merimbula Airport............................................................... 137

11.6                 Bega Valley Local Traffic Committee - 4 May 2016................................................................ 154

12   Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1                 Council Meeting Date September 2016 .................................................................................. 162

12.2                 Local government operational and management effectiveness report - Financial Year 2015        163 .

13     Staff Reports – Finance (Leading Organisation)

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

13.1                 Public Exhibition - draft operational plan, draft budget, draft fees and charges.............. 170

13.2                 Quarterly Budget Review Statement (QBRS) at March 2016................................................ 173

13.3                 Certificate of Investments made under Section 625 of the Local Government Act, 1993 176.

14     Adoption of Reports from Standing Committees

Recommendation

That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.

 

15     Delegates Reports

 

16     Rescission/alteration Motions

 

17     Notices of Motion

17.1                 Support for Timor Leste.............................................................................................................. 181

17.2                 Bega Valley - action re super trawlers...................................................................................... 183

 

18     Urgent Business

 

19     Questions On Notice

 

20     Questions for the Next Meeting

 

21     Items of Interest Relating to Council Business

 

22     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 184

22.1                 Merimbula Land Matters

This report is confidential in accordance with section 10A (2) (a) (c) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals; AND the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

22.2                 Payment of Headworks Charges associated with DA 2014.150

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

22.3                 Proposed Acquisition of Part SP 74126, Palmer Lane, Merimbula for Bypass Road

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

23     Adoption of reports from Closed Session

24     Resolutions to declassify reports considered in closed session  

 


Council

18 May 2016

 

 

Staff Reports –Planning And Environment (Sustainability)

 

18 May 2016

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

8.1              Modification to 16 Lot Subdivision Lakewood Drive, Merimbula....................... 10

8.2              Modification to 4 Lot Subdivision, Lakewood Drive, Merimbula........................ 17


Council 18 May 2016

Item 8.1

 

8.1. DA No. 2002.955: Modification to 16 Lot Subdivision Lakewood Drive, Merimbula        

 

Director Planning and Environment  

 

 

Applicant

Caddey Searl and Jarman

Owner

M Britten and R Savage

Site

Lot 881 DP 1148672, Lakewood Drive, Merimbula

Zone

Part R3 Medium Density Residential and part E2 Environmental Conservation

Site area

3.9 hectares

Proposed development

Modification to Condition No. 16(a) and 16(b) – road construction standards for 16 lot residential subdivision

Precis

Council is in receipt of an application to modify Development Consent 2002.955 under the provisions of Section 96(1a) of the Environmental Planning and Assessment Act 1979.

The application seeks amendment to the engineering specifications, involving the road construction requirements, detailed under Conditions 16(a) and 16(b) of the development consent.

The application is referred to Council for determination, in accordance with Procedure 3.01.4 – Councillor/Staff – Lodgement of DA’s, as one of the owners, Mr Michael Britten, is a Councillor.

The application is recommended for approval.

Background

The proposal is for Stage 5 of a larger residential subdivision called the “Bellbird Ridge Estate”. The original Development Application was presented to Council on 31 August 2010 and approved on 3 September 2010, subject to conditions of consent. Confirmation was requested and received from Council on 23 June 2015 that the subdivision has been physically commenced and therefore the consent remains valid.

Description of the proposal

Modification is sought to the terms of Condition 16(a) and 16(b) of development consent 2002.955. The current condition reads as follows:

Roadworks

a)         design (full engineering design plans) and construction of the following roadwork in the extension of Lakewood Drive from the end of the existing construction to the western boundary of proposed lot 508:

·       150mm upright kerb and gutter along the southern side and layback kerb and gutter along the northern side, easing to a width of 11.0 metres between nominal kerb lines,

·       pavement design in accordance with a design ESA of 2x106.

·       bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·       suitable temporary vehicle turning facility at the western end of this road,

·       all associated stormwater and subsoil drainage works,

·       grassing of footways,

·       all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

b)         design (full engineering design plans) and construction of the following roadwork in the proposed cul-de-sac from its intersection with the extension of Lakewood Drive to the head of the cul-de-sac:

·       150mm layback kerb and gutter along both sides with a width of 6.0 metres between nominal kerb lines,

·       pavement design in accordance with a design ESA of 6x104.

·       bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·       suitable vehicle turning facility at the northern end of this road,

·       all associated stormwater and subsoil drainage works,

·       grassing of footways,

·       erection of street name sign, and

·       all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

The applicant requests a reduction in the width of road construction for Lakewood Drive from 11m to 9m and an increase in the width of the new cul-de-sac road (from its intersection with the extension of Lakewood Drive to the head of the cul-de-sac) from 6m to 8m.

Description of the site

The section of the land subject to this application is located on the northern side of Lakewood Drive and to the west/south west of the existing residential lots fronting Mulloway Circuit. The land generally falls from the northern boundaries to the Lakewood Drive frontage. The land is partially vegetated and has been previously cleared as part of works associated with the subdivision of land in the area.

A locality plan is provided as Attachment 1 to this report.

Planning assessment

The proposal has been assessed in accordance with the provisions of Section 96 of the Environmental Planning and Assessment Act 1979. In this report staff highlight the key issues of the proposal for Council’s consideration.

A copy of the assessing officer's Section 96 Assessment will be available at the meeting.

Zoning

The subdivision was approved under the provisions of the Bega Valley Local Environmental Plan 2002 and the land was zoned 2(c) Residential Tourist at the time of approval. The land is now zoned part R3 Medium Density Residential and part E2 Environmental Conservation under the provisions of the Bega Valley Local Environmental Plan 2013. The objectives of the R3 zone are as follows:

·    To provide for the housing needs of the community within a medium density residential environment.

·    To provide a variety of housing types within a medium density residential environment.

·    To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development has been assessed in accordance with the objectives of the zone and is considered to be consistent with those objectives.

Issues

Provision of appropriate access for future development

Lakewood Drive extension

The design standard initially imposed on this extension to Lakewood Drive was as a Local Sub Arterial Road, which could theoretically service up to 600 dwellings. Reconsideration of the development potential in this locality has now confirmed that a Collector Street standard is more than appropriate (Collector Streets being designed to service up to 300 dwellings).

At the time of assessment of the development application in 2010 potential opportunities for residential development of the land to the west of Robyn’s Nest were factored in. The zoning of this land has since been resolved under BVLEP 2013 with there being potential for an additional one (1) dwelling house only.

Assessing staff agree that a Collector Street standard in this locality is appropriate and therefore no objection is raised to reducing the construction standard accordingly from an 11 metre formation to a 9 metre formation.

This road width would still cater for large service vehicles and a bus route if ever so desired, along with nature strips wide enough to cater for pedestrians and any servicing requirements.

New cul-de-sac road design

During the preparation of the detailed design plans that would accompany the construction certificate application for this subdivision, it became apparent to the designer and Council’s engineers that the maximum gradients permitted for the new road (being up to 10% for a 6m wide Access Street) could not be accommodated due to the terrain of the land. It was identified the new cul-de-sac road design would require upgrading to a Local Street standard, which would allow for increased gradients to be accommodated (being 12-16%), however the road width would consequently need to be increased to an 8 metre formation.

Assessing staff consider this to be an appropriate design outcome for the approved subdivision, recognising the topography of the site and the need to ensure suitable access to the individual allotments.

Conclusion

The proposed changes to the design requirements specified in the development consent are considered to ensure adequate servicing of any future residential development within the estate and would meet the objectives of Council's Development Control Plan and technical design specifications for residential subdivision.

On this basis, the application is recommended for approval.

 

Attachments

1.            Locality Plan

2.            Approved Subdivision Plan

 

Recommendation

1.         That the Section 96 Application to modify Conditions 16(a) and 16(b) of Development Consent 2002.955 for a residential subdivision at Lot 881 DP 1148672, Lakewood Drive, Merimbula be approved.

2.         That Condition No. 16(a) and 16(b) be modified to read as follows:

Roadworks

a)         design (full engineering design plans) and construction of the following roadwork in the extension of Lakewood Drive from the end of the existing construction to the western boundary of proposed lot 508:

·      150mm upright kerb and gutter along the southern side and layback kerb and gutter along the northern side, easing to a width of 9.0 metres between nominal kerb lines,

·      pavement design in accordance with a design ESA of 2x106.

·      bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·      suitable temporary vehicle turning facility at the western end of this road,

·      all associated stormwater and subsoil drainage works,

·      grassing of footways,

·      all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

b)         design (full engineering design plans) and construction of the following roadwork in the proposed cul-de-sac from its intersection with the extension of Lakewood Drive to the head of the cul-de-sac:

·      150mm layback kerb and gutter along both sides with a width of 8.0 metres between nominal kerb lines,

·      pavement design in accordance with a design ESA of 6x104.

·      bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·      suitable vehicle turning facility at the northern end of this road,

·      all associated stormwater and subsoil drainage works,

·      grassing of footways,

·      erection of street name sign, and

·      all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

 


Council

18 May 2016

Item 8.1 - Attachment 1

Locality Plan

 


Council

18 May 2016

Item 8.1 - Attachment 2

Approved Subdivision Plan

 


Council 18 May 2016

Item 8.2

 

8.2. DA No. 2012.478: Modification to 4 Lot Subdivision, Lakewood Drive, Merimbula        

 

Director Planning and Environment  

 

 

Applicant

Caddey Searl and Jarman

Owner

M Britten and R Savage

Site

Lot 881 DP 1148672, Lakewood Drive, Merimbula

Zone

R3 Medium Density Residential and Part E2 Environmental Conservation

Site area

3.9 hectares

Proposed development

Modification to conditions of consent – kerb and gutter standards and sewer servicing requirements for a 4 lot residential subdivision

Precis

Council is in receipt of an application to modify Development Consent 2012.478 under the provisions of Section 96(1a) of the Environmental Planning and Assessment Act 1979.

The application seeks amendment to the engineering requirements relating to the roadwork as detailed under Condition 18(i) and seeks an additional condition in relation to sewer servicing requirements.

The application is referred to Council for determination, in accordance with Procedure 3.01.4 – Councillor/Staff – Lodgement of DA’s, as one of the owners, Mr Michael Britten, is a Councillor.

The application to modify is recommended for approval.

Background

The proposal involves the subdivision of a residual lot created within Stage 5 of the Bellbird Ridge Estate subdivision.

Development Application 2012.478 was approved on 8 November 2013 subject to conditions of consent. Confirmation was requested and received from Council on 30 July 2015 that the subdivision has been physically commenced and the consent remains valid.

Description of the proposal

Modification is sought to the terms of Condition 18(i) of development consent 2012.478. The current condition reads as follows:

Roadworks

i.        design (full engineering design plans) and construction of the following roadwork in the proposed extension of Lakewood Drive from the eastern boundary of Lot 881 in DP 1148672 to the western boundary of proposed Lot 3, (note the road width along the frontage of proposed Lot 4 shall be maintained at 20 metres wide to satisfy the APZ requirements relating to Development Consent 2002.0955):

·       150mm layback kerb and gutter along both sides with a width of 9.0 metres between nominal kerb lines

·       Pavement design in accordance with a design ESA of 1x106

·       Bitumen sealed road pavement extending for the full width between the kerbs and gutters

·       Suitable vehicle turning facility at the western end of this road (12.5 metres radius)

·       All associated stormwater and subsoil drainage works

·       Grassing of footways

·       All other works necessary to achieve the above

The applicant seeks to amend Condition No. 18(i) to ensure consistency with the construction standards specified in development consent 2002.955 in relation to the provision of kerb and gutter.

In addition, the applicant has advised that during detailed engineering design for the subdivision it has been revealed that compliance with the minimum gradient standards for sewer line construction cannot be achieved and as such a suitable flushing point would need to be established. Therefore an additional suitable condition to cater for this scenario is required to be inserted into the development consent.

Description of the site

The site is located at the end of Lakewood Drive on the northern side of ‘Top Lake’. Proposed Lots 1-3 are located to the south, while the residual (Lot 4) is located to the north side of the unformed section of Lakewood Drive, Merimbula.

A locality plan is provided as Attachment 1 to this report.

Planning assessment

The proposal has been assessed in accordance with the provisions of Section 96 of the Environmental Planning and Assessment Act 1979. In this report staff highlight the key issues of the proposal for Council’s consideration.

A copy of the assessing officer’s Section 96 assessment will be available at the meeting.

Zoning

The subdivision was approved under the provisions of the Bega Valley Local Environmental Plan 2002 and the land was zoned 2(c) Residential Tourist at the time of approval. The land is now zoned part R3 Medium Density Residential and part E2 Environmental Conservation under the provisions of the Bega Valley Local Environmental Plan 2013. The objectives of the R3 zone are as follows:

·   To provide for the housing needs of the community within a medium density residential environment.

·   To provide a variety of housing types within a medium density residential environment.

·   To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development has been assessed in accordance with the objectives of the zone and is considered to be consistent with those objectives.

Issues

Provision of appropriate access and servicing of allotments for future development

Kerb and gutter standards

In order to ensure consistency between engineering construction standards required for both this consent, DA 2012.478, and that associated with DA 2002.955, the applicant has requested that the same kerb and gutter configuration (being a combination of both upright and layback kerb and gutter within the subdivision) be provided. Assessing staff concur that this minor change to Condition No. 18(i) is appropriate to ensure consistency between the two development consents.

Sewer servicing

During the preparation of the detailed design plans that would accompany the construction certificate application for this subdivision, it became apparent to the designer and Council’s engineers that the resulting sewer main extension would be close to or at minimum required gradients. Therefore in order to ensure adequate servicing of these allotments whilst the full potential of the subdivision is developed, it is necessary to incorporate into the subdivision design a sewer flushing point, upstream of the proposed sewer manhole, to accommodate the low flows expected from this development whilst dwellings are being constructed on the resulting allotments.

As such, an additional condition, Condition No. 18A, is recommended for incorporation into the consent.

Conclusion

The proposed changes to clarify the kerb and gutter requirements and to require a sewer flushing point into the sewer design for the subdivision are considered to be minor technical clarifications to the subdivision consent, and are considered appropriate in ensuring the adequate servicing of any future residential development within the estate. The proposed amendments would meet the objectives of Council’s Development Control Plan and technical design specifications for residential subdivision.

On this basis, the application is recommended for approval.

 

Attachments

1.            Locality Plan

2.            Approved Subdivision Plan

 

Recommendation

1.         That the Section 96 application to modify Development Consent 2012.478 for a residential subdivision at Lot 881 DP 1148672, Lakewood Drive, Merimbula be approved.

2.         That Condition No. 18(i) be modified to read as follows:

i.           design (full engineering design plans) and construction of the following roadwork in the proposed extension of Lakewood Drive from the eastern boundary of lot 881 in DP 1148672 to the western boundary of proposed lot 3, (note the road width along the frontage of proposed lot 4 shall be maintained at 20 metres wide to satisfy the APZ requirements relating to Development Consent 2002.0955):

·      150mm layback kerb and gutter the frontage of proposed lot 4 transitioning to 150mm upright kerb and gutter along the remaining northern side to a point opposite the western boundary of proposed lot 3 to a width of 9.0 metres,

·      150mm upright kerb and gutter along the southern sire, easing to a width of 9.0 metres between nominal kerb lines,

·      bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·      suitable vehicle turning facility at the western end of this road (12.5 metre radius),

·      all associated stormwater and subsoil drainage works,

·      grassing of footways,

·      all other works necessary to achieve the above.

3.         That the following additional condition be inserted into Development Consent 2012.478 and be numbered Condition No. 18A, to read as follows;

18A.    design and construction of an automatic sewer flushing tank, to provide regular flushing of silts, grit, and accumulated debris from the sewer pipeline between manholes AA1 and AA4 (as shown on Caddey, Searl and Jarman drawing No 69965). The flushing tank shall be situated upstream of manhole AA4. The design of the flushing tank shall provide a wave of sufficient volume and energy to remove all accumulated debris from the entire length of sewer pipeline between manholes AA1 and AA4 in a single flush. The flushing tank shall be controlled by a remotely activated, time controlled valve, and shall be operated daily by council. All costs associated with the installation, commissioning and operation of the remote control system shall be borne by the developer, noting that the tank and associated equipment remain the property of the developer.

Water supply to the tank shall be provided from the potable water supply. A water meter supplying the tank shall be located on the residue block of the development, and water consumed by the flushing operation shall be paid for by the developer, until such time as Council deems there are a sufficient number of dwellings connected upstream of the pipeline for self-cleansing velocity of flow in the sewer pipeline to be achieved.

A certificate shall be provided from a suitably qualified and experienced Chartered Professional Engineer (NPER registered) confirming that the works designed satisfy the specified performance criteria. This certified design shall be submitted to, and approved by Bega Valley Shire Council prior to installation. A second certificate shall be provided from the same engineer, confirming that the works have been installed in accordance with the design.

(Reason: to provide cleansing of a sewer pipeline constructed on a flat gradient, which allows for the settlement of solids)

 


Council

18 May 2016

Item 8.2 - Attachment 1

Locality Plan

 


Council

18 May 2016

Item 8.2 - Attachment 2

Approved Subdivision Plan

 

 

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

18 May 2016

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

9.1              Youth Engagement Review................................................................................. 26

9.2              Bega Valley Regional Gallery Strategic Plan ..................................................... 50

9.3              Bega Memorial Clock Tower - Community Consultation................................... 70


Council 18 May 2016

Item 9.1

 

9.1Youth Engagement Review      

 

A review of Council’s youth engagement strategies, inclusive of the Bega Valley Shire Youth Council, has been undertaken and is presented for Council’s consideration.

 

Director Community, Relations and Leisure  

 

Background

The Youth Engagement Review considers the effectiveness of Bega Valley Shire Council’s current youth engagement strategies with an emphasis on its primary youth engagement tool, the Bega Valley Shire Youth Council (Youth Council). It considers the overall importance of youth engagement and the most effective ways that Council can:

- engage with young people ensuring a diversity of youth voices are heard, regardless of geography, age and culture;

- gain input from young people into Council’s planning and decision making processes;

- support active participation of young people in civic life; 

- encourage and support youth led programs and initiatives; and

- build youth leadership opportunities

The findings of this review suggest that, while the Youth Council has had some value as a youth engagement strategy, it also has limitations, particularly in relation to its lack of diversity and representation of the broader youth population. The review considers emerging trends in youth engagement and proposes that Council employ a more multi-dimensional approach which will increase participation by young people in the communities where they live.

The Youth Council has not been active since August 2015, pending the results of the Youth Engagement Review. The review recommends that Council does not re-establish the Youth Council but instead adopts two broad approaches to engaging with young people: - Youth VOICE - engaging with a diverse and representative range of young people living in the Bega Valley Shire; and Youth ACTION - creating opportunities for young people to participate in their communities. Based on current Council resources, the following actions are recommended by the review:

Youth VOICE

- implement and evaluate youth specific engagement strategies as part of Community Strategic Plan 2040 (CSP) and consider specific engagement strategies for young people aged over 18, and for Aboriginal youth;

- use the engagement strategies identified in the CSP  to inform  future engagement approaches across Council by incorporating a youth specific engagement section into Council’s Community Engagement and Communications Strategy;

- rework and update the Youth Council’s Facebook page (and other social media tools) to continuously inform young people of opportunities to participate in events and activities, and to promote dialogue with, and between, young people on relevant issues and developments;

- enhance work experience/volunteering opportunities for young people;

- support at least one annual event/forum, during National Youth Week, developed by and for young people, which provides an opportunity for them to explore and express their ideas; and

- engage with Council staff aged under 26 on an annual basis to seek feedback on organisational policies and programs.

Youth ACTION

- support young people to initiate and develop their own projects, events and activities in communities as part of Place Based Officers ‘whole of community’ approach;

- provide resources /advice to community groups and organisations on effective engagement with young people;

- liaise with organisations and other providers to identify youth leadership opportunities and provide in-kind support and promotion of these initiatives;

- increase linkages between Council program areas working with young people to improve collaboration and communication (such as Communications, Community Development, Library, Gallery, Business Services);

- participate in interagency groups where staffing levels allow; and

- provide small grant funding for community programs developed and implemented by and for young people, which promote skills development for young people e.g. through Youth Week Small Grants Programs.

The review found that both Youth VOICE and Youth ACTION initiatives could be developed and strengthened with additional resources. Following this, it was recommended Council seek additional funding from the State Government and/or other agencies to employ staff to work specifically with young people on implementing Council’s Youth Strategy; to develop innovative technology based/social media platforms, and to increase youth programs.

Issues

Strategic

The Youth Engagement Review addresses strategic outcomes in the Liveability section of the CSP, specifically outcome area L4.1: ‘young people are involved in all aspects of local life including civic leadership, business, education and volunteering’.

The recommendations of this review aim to deliver a more strategic approach to youth engagement that was not possible with a focus on the Youth Council alone. The recommendations are based on an analysis of emerging trends and utilise different approaches. They build on opportunities provided by Council’s place based programs and community engagement and communication frameworks.

Operational Plan

Two strategic actions set out in Council’s Operational Plan 2015-16 also directly relate to this Review;  L4.2 ‘explore and implement innovative ways in which young people can play a greater role in Council’s decision making’ and L4.1.1 Outcome 2.6 ‘work with young people to increase youth related activities and opportunities in the Shire’.

Social / Cultural

This review proposes mechanisms for more sustainable and equitable engagement of young people. Youth engagement is important to ensure that Council has the information needed to provide quality services and policies. This is equally important of services designed specifically for young people, and for more mainstream services where young people are key stakeholders, such as in the design of public space and recreation facilities. By delivering services which more closely match the needs of users, Council is better able to achieve relevance and value for money.

Consultation

The prime intention of this review is to ensure Council’s youth engagement processes are effective and sustainable. Effective youth engagement means a diversity of young people are provided with opportunities to express their views and have these heard.

Young people (including former Youth Councillors), parents, teachers and youth service providers were consulted in as part of the review process.

Financial and Resources

In recent years, Youth Council activities have been largely supported by Community Development staff. The Review recommends that Community Development staff continue to support Youth ACTION and Youth VOICE as part of their broader ‘whole of community’ approach and that other cost neutral actions are incorporated into existing Council programs. It is proposed that Council continue to seek funding for additional youth programs.

Conclusion

In order to provide more effective and representative youth engagement, the Youth Engagement Review recommends that Council does not re-establish the Youth Council and instead adopts two broad approaches to engaging with young people; Youth VOICE - engaging with a diverse and representative range of young people living in the Bega Valley Shire; and Youth ACTION - creating opportunities for young people to participate in their communities.

 

Attachments

1.            Youth Engagement Review

 

Recommendation

1.         That Council note the Youth Engagement Review.

2.         That Council adopt the Youth VOICE and Youth ACTION initiatives as outlined in this report and the Youth Engagement Review.

3.         That Council cease operating a Youth Council.

 


Council

18 May 2016

Item 9.1 - Attachment 1

Youth Engagement Review

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

18 May 2016

Item 9.1 - Attachment 1

Youth Engagement Review

 


Council 18 May 2016

Item 9.2

 

9.2Bega Valley Regional Gallery Strategic Plan       

 

A Strategic Plan has been developed for the Bega Valley Regional Gallery for the period 2016 -2020.

 

Director Community, Relations and Leisure  

 

Background

The Bega Valley Regional Gallery (BVRG) is one of the primary ways cultural services are provided by the Bega Valley Shire Council (BVSC), contributing to the achievement of Council’s cultural vision, mission and guiding principles, identified in the Community Strategic Plan 2030.

The BVRG is the only Council supported Gallery in the South East of NSW. The BVRG was established in 1988, after some strong advocacy from the Bega Valley Arts and Crafts Society, due to the growing interest in the visual arts in the community and the recognised need for space to support this vision.

The development of the Strategic Plan for the BVRG is important for a number of reasons:

·    It provides a broad framework, long term goals and sets priority areas for the Gallery over the next four years

·    It helps to inform the community of the Gallery's future direction

·    Puts us in a position to apply for multi-year funding through the State Government and a number of grants at a Federal level – which all require the adoption of a Strategic Plan

The draft Strategic Plan is attached for Councillors' consideration.

Issues

Strategic

The BVRG contributes both economically and culturally to a number of key strategic directions set by Council.

Direction L2 - Access to learning and creativity - We are an inspired community with expanded access to life-long learning and skill development, and have creativity and celebration integrated into our community life

Direction L3 - Demonstrates respect and inclusion - We are a harmonious community where everybody is welcomed, respected and diversity is celebrated

Direction E2 - Growing our region - Our region is strong and diverse, which attracts and provides new opportunities for both business and community.

Direction E2 - Growing our region - Our region is strong and diverse, which attracts and provides new opportunities for both business and community.

Policy

Bega Valley Shire Policy 1.03: Arts and Culture.

Operational Plan

The activities of the BVRG and actions from the Strategic Plan will form the annual Work Plan and operations of the Gallery.

Social / Cultural

Regional and public galleries play a significant role in the communities where they exist. They provide an opportunity for the community to experience and engage with the visual arts, across a range of mediums.

Public galleries provide their communities the opportunity to see exhibitions that otherwise may be out of their reach, to educate and inform, to involve their communities in programs and professional development and to inspire local artists to take their work to the next level.

Financial and Resources

There is no additional funding burden connected with the BVRG Strategic Plan, activities identified from the Strategic Plan will be funded within existing budgets.

Conclusion

The BVRG is a lean, yet aspiring player in the regional gallery field, we recognise the best outcome for the community is to conceive and deliver a program that focuses on our strengths.

The Bega Valley Regional Gallery Strategic Plan 2016-2020 will provide the framework to deliver that program.

 

Attachments

1.            Bega Valley Regional Gallery 2016-2020 Strategic Plan

 

Recommendation

That Council note the Bega Valley Regional Gallery Strategic Plan 2016-2020.

 


Council

18 May 2016

Item 9.2 - Attachment 1

Bega Valley Regional Gallery 2016-2020 Strategic Plan

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 18 May 2016

Item 9.3

 

9.3Bega Memorial Clock Tower - Community Consultation     

 

This report outlines the findings from consultation undertaken with the community in relation to the relocation of the Bega Memorial Clock Tower.

 

Director Community, Relations and Leisure  

 

Background

A report to Council on 3 February 2016 outlined the issues related to the costs linked to maintenance and refurbishment of the Bega Memorial Clock Tower and costs projected relating to any planned relocation of the clock. Subsequent to that report it was Resolved:

“That Council relocate the clock tower to a more suitable location within the precinct of Bega in keeping with its value to the community and consult with the grandchildren of the Evershed family and the community as to a suitable location.”

Council staff undertook a formal community engagement process between 21 March and 8 April 2016. A number of different engagement approaches were utilised to seek feedback from the community including:

·    “Have Your Say” section on the Council website;

·    Listening Post in conjunction with the SCPA markets on 1 April 2016;

·    Community members were made aware they could also make comment by email (council@bvsc.nsw.gov.au) or post directly to Council; and

·    Direct discussion with key stakeholders.

There was considerable feedback via Council’s and other Facebook pages in response to the community engagement process.

The following context was provided to the community at all engagements: The intersection of Carp Street and Gipps Street in Bega has been identified as problematic due to the impacts it causes on both traffic movements and pedestrian safety. The options for improving this intersection are very limited, largely due to the location of the Bega Memorial Clock Tower. The community were asked to provide suggestions for an alternate location for the clock tower in line with the Council Resolution from 3 February 2016.

There was a high level of interest from the community in relation to this matter, with 85 people responding via Council’s website, 22 via mail or e-mail and more than 100 people attending the listening post on 1 April 2016.

The results from the survey are summarised below. The following documents are also attached for information:

·    Written feedback collected from the Listening Post;

·    Photos of the map exercise conducted at the Listening Post; and

·    Comments submitted via “Have your Say” on Council’s Website.

There were a small number of respondents that put forward suggestions for an alternate location for the Clock Tower. The locations put forward were:

·    The roundabout at the bypass coming into Bega;

·    Littleton Gardens;

·    Ayres Walkway;

·    Kisses Lagoon; and

·    Church Street (similar position to where it currently stands but at the intersection of Church and Carp Street).

A number of respondents suggested leaving the clock tower where it is and closing off that part of Gipps Street to create a “T” intersection and safer traffic movements and pedestrian access. This generated some positive feedback on the Facebook conversation.

While there were several suggestions for alternate locations put forward, the feedback received was overwhelmingly in favour of leaving the clock tower in its current location. The reasons provided were predominantly to preserve the cultural heritage the clock tower represented to the people of Bega.

Issues

Strategic

The Council report of the 3 February 2016 notes:

“The CBD Landscape Master Plan for Bega (Spiire) recognises the importance of the intersection of Carp and Gipps and the historical monument of the Bega Clock Tower. It recommends improvement to traffic management and in particular to pedestrian safety and vehicle speeds as well as to respect the heritage character of the clock tower.”

The CBD Landscape Master Plan also “…recommends the installation of traffic lights at Carp Street / Gipps Street intersection”, noting the clock tower, pedestrian requirements, pavement surfaces and levels, lighting and aesthetics. The intersection detail specifically identifies the need for “traffic engineering and RMS (Roads and Maritime Services) approvals” would be required for any works on the intersection.

Asset

The Council report of the 3 February 2016 also notes:

“The clock currently requires maintenance with damage to some of the clock face glass panes and repairs / refurbishment needed to the clock mechanism (dial trains, gearbox levels, drive motor and hands).  Also required, is the replacement and update of the control system and control panel.”

Social / Cultural

The Bega Valley Historical Society (BVHS) was consulted to seek their perspective on the relocation of the clock tower and an alternate location. The BVHS stated the clock tower had significant historical and cultural heritage links to the Shire and its current location was an important part of that. The BVHS stated the clock tower is believed to be amongst the first monuments in NSW erected for a member of the general public and significant community funds were raised to build it. The BVHS were strongly opposed to the clock tower being moved. The BVHS submission is attached.

Consultation

Bega Chamber of Commerce

The Bega Chamber of Commerce (BCC) were seen as a key stakeholder and Council officers met with three representatives from the BCC on the 6 April 2016. The BCC acknowledge the public interest in the issue and the personal views that had been shared with them about the issue; however noted that they did not see the relocation of the clock tower as impacting on the business community.

The Evershed family

Council officers contacted Mr Brian Evershed Hudspeth the great grandson the late Dr Montague Evershed following the Council Resolution and Mr Evershed Hudspeth verbally re-confirmed the content of the letter previously sent to Council in support of the relocation.

Other consultation outcomes

The results of other consultation processes are summarised below.

Have Your Say

Eighty five (85) people commented via Council‘s website. The majority indicated they did not want the clock tower moved at all.

Written correspondence

In total of 22 people wrote directly to Council in relation to the clock tower via mail and e-mail, all correspondents were opposed to moving the clock tower. The recurrent theme in all the correspondence was the loss of heritage value should the clock be moved.

SCPA Markets Listening Post

The community were asked to make comment in two ways during the listening post, written comments and placing a red sticker on a map of Bega to indicate their preference for a location for the clock tower.

The community that participated placed 94 dots on the map with 90% indicating the current location.

There were 101 written comments taken at the Listening Post, 91 people indicated their preference for leaving the clock tower in its current location.

NB there were a significant number of people that participated in both methods of feedback at the listening post – mapping and written comment, the overall number of people participating would be less than the two totals combined (94 and 101), the feedback was consistent in terms of responses between both methods of feedback.

Conclusion

The cultural and historical importance of the Dr Evershed Memorial Clock Tower was reinforced by community members participating in the consultation process, including the importance of preserving the complete structure of the monument.

The community members that participated in Council’s community engagement process were significantly in favour of leaving the clock tower in place and investigating traffic and pedestrian safety measures around the clock.

 

Attachments

1.            Written feedback collected from listening post

2.            Photos of map excercise conducted a listening post

3.            Comments submitted via "Have Your Say" on Council's website

4.            Bega Memorial Clock Tower Report - Council Meeting Report 3 Febuary 2016

 

Recommendation

1.         That Council note the outcomes of the community consultation process.

2a.       That Council defer its Resolution of 3 February 2016 to relocate the Bega Memorial Clock Tower until the installation of traffic signals (as per the Bega CBD Landscape Masterplan recommendation) at the intersection of Carp and Gipps Streets Bega.

OR

2b.      That Council confirm its intention to relocate and repair the Bega Memorial Clock Tower at [insert               location].

3.         That Council identify resources, through future budget processes, to repair the clock to working order and for relocation (if required).

 


Council

18 May 2016

Item 9.3 - Attachment 1

Written feedback collected from listening post

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

18 May 2016

Item 9.3 - Attachment 2

Photos of map excercise conducted a listening post

 

 

 



Council

18 May 2016

Item 9.3 - Attachment 3

Comments submitted via "Have Your Say" on Council's website

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

18 May 2016

Item 9.3 - Attachment 4

Bega Memorial Clock Tower Report - Council Meeting Report 3 Febuary 2016

 


 


 


 


 

 

 


Council

18 May 2016

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

18 May 2016

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

10.1            Application for Financial Assistance - Section 356 - Interim Application......... 112


Council 18 May 2016

Item 10.1

 

10.1. Application for Financial Assistance - Section 356 - Interim Application     

 

An application for Financial Assistance –Community Partnership Fund - under Section 356 of the Local Government Act has been received in between the third and fourth quarter timeframes for 2015/2016.

 

General Manager  

 

Background

As per the Council Report of 25 June 2014, the procedure for handling Applications for Financial Assistance under Section 356 of the Local Government Act 1993 is such that all applications for the Community Partnership Fund will be reported to Council for resolution every quarter.

The application in this report was received after the third quarter report to Council, dated 16 March 2016.

The application is for an event which is being held on the 2016 June long weekend.

As the next quarterly report (fourth quarter) is not due until 29 June 2016, an exception was made to provide an interim report to Council as there was sufficient time between the date of receipt of the application and this Council Meeting (18/5/16) for the mandatory internal assessment process to be undertaken.

This will ensure the outcome of the application will be able to be provided to the applicant prior to the event occurring.

The application is as follows:

Applicant

Request

Amount

Merimbula Jazz Festival Inc

2016 Merimbula Jazz Festival

·      Contribution towards operating expenses

·      Prepare/Pick Up/Deliver Signs/Traffic Barriers

 

$1,045.00 Cash

$465.00 In Kind

In addition, an application has been received for General Manager Approval of DA fee reimbursement.

Whilst the application is below the threshold of the General Manager delegation of $2000, the applicant has recently been provided with financial assistance for a contribution to a matter, of which this application is the same subject.

For this reason, the General Manager requests that this application be considered and resolved by Council.

Applicant

Request

Amount

Twyford Hall Incorporated

 

Reimbursement of DA Fees for the upgrade of the existing kitchen and heritage building

 

$1959.00

Issues

Legal

The allocation of funds requested is able to be distributed in accordance with Section 356 of the Local Government Act 1993.

Strategic

By providing support to individuals and organisations to achieve outcomes for the local community, Council is working towards achieving the objectives of its adopted Community Strategic Plan.

Policy

The administration and allocation of funds are provided in line with Council’s Policy 5.15 Requests for Assistance and Council’s Procedure 5.15.1 Applications for Financial Assistance – Section 356.

Financial

The Table below shows the balance of the budget item as of 18 May 2016:

Funding source – Governance and Executive – operating costs - donations

Amount ($)

Balance as at 18/5/16

$

44,714.65

Less General Manager Approvals 1/3/16 to 5/5/16

$

2,910.00

Less Community Partnership Fund Approvals from 3rd Quarter 2015/2016

$

24,381.00

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

$

17,423.65

Conclusion

An application for Financial Assistance – Section 356 has been received in between the quarterly report cycle in addition to a DA reimbursement that requires Council approval. It is appropriate that Council continue to provide financial assistance to assist and support positive community outcomes.

 

Attachments

1.            Confidential Memorandum - Interim Applications Financial Assistance requests (Councillor Only) (Confidential)

 

Recommendation

1.         That Council accept with the recommendations as outlined in the Confidential Attachment.

2.         That Council support the following projects at the nominated level of support <insert>.

3.         That all successful applicants be advised accordingly.

4.         That all unsuccessful applicants be contacted and provided feedback on their application.

   

 


Council

18 May 2016

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

18 May 2016

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

11.1            Release of Balloons into the Environment........................................................ 116

11.2            RFQ 07/16 Supply and Delivery of Two CCF Class 15 Road Graders and Ancillary Rollers        118

11.3            RFT 03/16 Construction Tender for Gravel Re-sheeting Programme (2014 Flood Response)   120

11.4            Acquisition of land at Candelo Showground for Candelo Sewage Treatment Plant       123

11.5            Management and Operation of Merimbula Airport........................................ 137

11.6            Bega Valley Local Traffic Committee - 4 May 2016......................................... 154


Council 18 May 2016

Item 11.1

 

11.1. Release of Balloons into the Environment     

 

This report discusses measures Council can take to discourage the release of balloons into the environment.

 

Director Transport and Utilities  

 

Background

At the Council meeting on 6 April 2016, Cr Keith Hughes asked if Councillors could receive a report or an indication of what support or education Council can provide to encourage people not to release balloons “en masse”.

The General Manager took the question on notice for referral to Council’s Waste Section’s Community Education program.

Issues

Legal

It is an offence under Section 146E of the Protection of the Environment Operations Act 1997 (POEO Act) to release 20 or more balloons at or about the same time if the balloons are inflated with a gas that causes them to rise into the air (e.g. helium).

Littering provisions under the POEO Act generally apply to depositing litter in land or water. The release of balloons to the atmosphere is not in itself an act of littering, until such a time the balloon returns to earth or a waterway and are not retrieved by the person who released them. It is difficult to identify offenders and enforce littering provision in the event of balloon releases of less than 20 balloons.

Strategic

Litter is managed at Council by several sections as outlined below, however no overarching policy or strategy exists.

·    Regulation and enforcement – Rangers (Planning and Environment Group);

·    Environmental education programmes – Environmental Health (Planning and Environment Group);

·    Clean up in public spaces – Town Teams (Transport and Utilities Group);

·    Collection services (e.g. litter bins) and waste disposal along with associated education programmes– Waste Services (Transport and Utilities Group).

Economic

Litter has an impact on the economy in terms of direct costs associated with regulation, education, clean up and disposal. It also detracts from aesthetics and makes the environment less marketable for tourism. Plastics in the environment can impact on marine ecosystems in particular, with potential economic consequences for the industries which rely on ecosystem health (e.g. fisheries).

Environmental / Sustainability

The community, in general, aspires to a clean environment. There is a growing level of concern within the community regarding marine pollution due to plastics. There is a general understanding in the community of direct impacts of plastic pollution on wildlife due to ingestion and strangulation. The impact of micro-plastics on the food chain is a growing field of study and is a significant cause for concern.

Council recently supported school educational programmes in relation to marine pollution under the Waste Community Assistance Programme. Council’s approach has been to assist schools to obtain the resources they need to present the environmental message required to meet syllabus outcomes. Council’s Waste Team also works in consultation with the Bournda Environmental Education Centre on programmes to improve the understanding of waste management in schools, particularly in relation to landfill diversion and greater recycling rates.

Conclusion

Release of balloons is undesirable when considering the accumulation of plastic in the natural environment and the impact plastics have on wildlife and ecosystem health. No programme currently exists that specifically targets the release of balloons. Some of the options available to Council to rectify this are:

1.         Advise event organisers regarding their obligations under NSW law in relation to balloon release as part of the approval process or checklist for the event.

2.         Request suppliers of helium tanks to provide educational information to their customers.

Balloon release is one of a multitude of ways people may impact adversely on the environment. The cumulative impact of many small and relatively “innocent” impacts can be significant. The key to changing community perceptions around these issues is targeted and sustained education programmes. Currently Council provides environmental education on a functional or project specific basis. Further consultation is required to better understand the priority the community places on environmental education, such that an appropriate response can be developed within the Community Strategic Plan framework.

 

Attachments

Nil

 

Recommendation

1.         That Council include information discouraging balloon release in its approvals process for events and use of public space approval process.

2.         That Council supply educational resources to suppliers of helium tanks to distribute to their customers.

3.         That Council undertake appropriate media and include balloon release education material as part of any future waste educational programs.

 


Council 18 May 2016

Item 11.2

 

11.2. RFQ 07/16 Supply and Delivery of Two CCF Class 15 Road Graders and Ancillary Rollers     

 

This report details the outcome of the evaluation of RFQ 07/16 for the purchase of two CCF Class 15 Road Graders fitted with trailing rollers and recommends the award to the preferred supplier.

 

Director Transport and Utilities  

 

Background

Quotations were called via Local Government Procurement Vendor Panel for the supply and delivery of two road graders fitted with trailing rollers (plant number 1408 and 1409) to carry out maintenance grading of Council’s unsealed road network.

The two graders will primarily be used to support Council’s extensive unsealed road maintenance and gravel re-sheeting programs. Additionally, they will be available for rehabilitation works following natural disasters including storm damage, floods, high winds and bushfires.

A summary of the tender specifications are listed below:

·    Minimum machine weight of 16,800kg excluding roller;

·    Maximum machine weight of 18,800kg excluding roller;

·    Diesel engine power to be in the range of 144-163kw;

·    Grader is to be fitted with a 4.26m (14ft) mouldboard and rear mounted ripper/scarifier set;

·    Graders are to have 17.5 R25 tyres;

·    Graders are to be fitted with a "free roll" rear mounted roller unit.

Quotations closed on 18 March 2016 at 5pm, with four quotes received from separate companies. Only three of the four quotations conformed to the required specification. The non-conformance was due to the equipment’s gross weight being below the specified minimum.

On completion of the initial tender assessment, the graders were listed in ascending order regarding capital purchase price. Quotations were further analysed with a weighted assessment regarding specification and after sales service support.

During the assessment process significant emphasis was placed on non-price factors including the ability of the machine to meet Council’s operational needs, operator comfort, safety and machine productivity.

The expected life span for the graders with Council is a total of ten years or 9,000 machine hours.

Issues

Legal

Quotations were called via electronic system Vendor Panel in accordance with the Local Government Tendering Regulations.

Operational Plan

The purchase of replacement road graders is in accordance with Council’s Fleet Management Program.

Asset

The two graders play a vital part in the maintenance grading of Council’s unsealed gravel road network. These graders will be purchased with rear mounted rollers to achieve compaction and surface finish to the gravel roads undergoing maintenance grading.

Financial and Resources

The two graders have an asset value in the vicinity of $850,000. Funding is available within the Plant Reserve Budget in accordance to Council’s Long Term Financial Plan.

Conclusion

The assessment considered Council’s operational need and the provision of a high level of safety, vision and comfort to the operator thereby enhancing productivity.

The recommendation to Council considers whole of life costs, re-sale value, user compatibility and predicted productivity as major factors to support Council’s unsealed road maintenance program. The preferred graders meet all standards and required specifications.

 

Attachments

1.            Confidential memorandum to Councillors regarding RFQ 07/16 Supply and Delivery of Two CCF Class 15 Road Graders and Ancillary Rollers (Councillor Only) (Confidential)

 

Recommendation

1.         That Council adopt the recommendations from the Confidential Memorandum.

2.         That Council accept the quotation from (insert) for the purchase of two CCF Class 15 Road Graders including rear mounted rollers as described in RFQ 07/16, in the amount of $(insert) (including GST).

3.         That authority is delegated to the General Manager to execute all necessary documentation.

4.         That the unsuccessful suppliers be advised of Council’s decision.

5.         That Council endorses the sale of two existing graders, plant number 1408 and 1409 at Government Contracted Auctions.

 


Council 18 May 2016

Item 11.3

 

11.3. RFT 03/16 Construction Tender for Gravel Re-sheeting Programme (2014 Flood Response)     

 

This report details the outcome of the evaluation of Request for Tender 03/16 for the Gravel Re-sheeting Programme (2014 Flood Response) and recommends the award of contracts to the preferred tenderers.

 

Director Transport and Utilities  

 

Background

Considerable damage occurred across the Bega Valley Shire’s unsealed roads network during the 8 December 2014 flood event. An estimate of the associated costs was submitted to Roads and Maritime Services (RMS); and following the Natural Disaster Declaration on 26 February 2015, approved the release of funds to Council late in 2015.

RFT 03/16 was prepared and advertised to obtain fully costed and compliant Tenders to complete gravel re-sheeting works associated with the flood repairs. Tenders have now been received and assessed in accordance with the Tender Evaluation Plan. Information provided by the tenderers within their submission, in particular price information, is deemed to be “Commercial in Confidence”. Accordingly this information and the specific details of the Tender Evaluation are excluded from this public report and are contained in a Confidential Memorandum to Councillors.

In consideration of the scale of the project, the Shire was split into three geographical regions (northern, central and southern) and tenderers were directed to price each area they were tendering for separately.

The Tender period closed on 6 April 2016, with three contractors making submissions for evaluation. All tenders were deemed to be compliant however a short round of post tender clarification was required with each contractor, prior to the Tender Evaluation Panel making its final assessment.  Tenders were assessed on price and non-price content to evaluate best overall value for Council based on the following criteria and weightings.

Project value, 60% made up as follows:

·    The overall project cost

·    The makeup of the cost structure

·    The integrity and stability of cost

·    Commercial terms and conditions.

Project experience, 25% made up as follows:

·    Demonstrated ability to complete the work

·    Experience in completing similar projects

·    Quality system and QA experience

·    Financial ability to undertake project of this size.

Project functionality, 10% made up as follows:

·    Satisfaction and recognition of the project objectives

·    Conceptual and operational plans

·    Proposed construction arrangements and completion program.

Local Community Benefit, 5% made up as follows:

·    Recognition of local outcomes, demonstrating support for local business and community enterprise.

Issues

Legal

The Tender was advertised in accordance with the Local Government Tender Regulations.

Operational Plan

Works are needed to restore road network to pre-existing service levels.

Asset

The restoration of unsealed road assets is required following damage sustained during the 2014 flood event.

Financial and Resources

The grant funds approval received from the NSW Government is $2.86million of which approximately $1.25 million is identified as gravel re-sheeting works. The works recommended under these restoration contracts exceeds this amount by approximately $250,000. Council staff has identified potential savings of approximately $150,000 via value engineering and it is anticipated final contract sums will be within budget.

Conclusion

All contractor's submissions were fit for purpose although the majority exceeded the estimated costs. The Tender Evaluation Panel selected two of the three contractors as representing best value for money. It also believes that further savings can be made post contract award.

 

Attachments

1.            Confidential memorandum to Councillors regarding RFT 03/16 programme 2014 flood response (Councillor Only) (Confidential)

 

Recommendation

1.            That Council adopt the recommendations from the Confidential Memorandum.

2.            That Council accept the tender from (insert) in relation to the construction tender for Gravel Re-sheeting (Northern Region) as described in RFQ 03/16 - 1, in the amount of $(insert) (including GST) subject to variations and provisional sums.

3.            That Council accept the tender from (insert) in relation to the construction tender for Gravel Re-sheeting (Central Region) as described in RFQ 03/16 - 2, in the amount of $(insert) (including GST) subject to variations and provisional sums.

4.            That Council accept the tender from (insert) in relation to the construction tender for Gravel Re-sheeting (Southern Region) as described in RFQ 03/16 - 3, in the amount of $(insert) (including GST) subject to variations and provisional sums.

5.            That authority be delegated to the General Manager to execute all necessary documentation.

6.            That all tenderers be advised of Council’s decision.

 


Council 18 May 2016

Item 11.4

 

11.4. Acquisition of land at Candelo Showground for Candelo Sewage Treatment Plant     

 

The acquisition of land at Candelo Showground is required to conclude matters associated with construction of Candelo Sewage Treatment Plant.

 

Director Transport and Utilities  

 

Background

This matter was reported to Council on 16 March 2016 when it was Resolved to compulsorily acquire the relevant land for the purpose of a Sewage Treatment Plant. Crown Lands requisitioned the plan as the easements for the sewer rising main and right of carriageway also affected land known as Lot 1 DP 536326. Upon investigation, it was determined that Lot 1 DP 536326 forms part of the current road reserve and would also need to be acquired. The plan has now been amended and registered and Council needs a further Resolution to acquire the additional Lot 1 DP 536326 and newly created Lot 4 DP 1216534 for road purposes under Section 177 of the Roads Act 1993.

Council must now proceed to complete the process of acquisition by making an application to the Minister for Local Government.

Issues

Legal

The application for compulsory acquisition is to be made to the Office of Local Government. The original Resolution was obtained on 22 March 2005 and therefore an updated Council Resolution is required to be submitted with the application.

Asset

The acquisition is required to formalise ownership of land on which Council assets and infrastructure are situated.

Conclusion

Council needs to formalise ownership of the land on which the sewerage treatment plant is situated, together with easements for underground electricity, a right of carriageway and an easement for utilities. Crown Lands and the Candelo Showground Trust have previously consented to the proposed acquisition by Council of Lot 1 DP 1216534, Lot 4 DP 1216534 and related easements.

 

Attachments

1.            Council Report 16 March 2016 - Acquisition of land at Candelo Showgroud for Candelo Sewage Treatment Plant

2.            Council report 22 March 2005 - Bega Valley Sewerage Program - Land Acquisition

3.            Registered plan of acquisition - Deposited Plan 1216534

 

Recommendation

1.         That Lot 4 DP 1216534 and Lot 1 DP 536326 including those minerals not excluded pursuant to Section 171 of the Crown Lands Act 1989, be compulsory acquired for road purposes pursuant to Section 177 Roads Act 1993.

2.         That Council give notice of its intention to dedicate the land as referred to in recommendation 1 above, as public road under Section 10 of the Roads Act 1993.

3.         That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the abovementioned land.

 


Council

18 May 2016

Item 11.4 - Attachment 1

Council Report 16 March 2016 - Acquisition of land at Candelo Showgroud for Candelo Sewage Treatment Plant

 


 


Council

18 May 2016

Item 11.4 - Attachment 2

Council report 22 March 2005 - Bega Valley Sewerage Program - Land Acquisition

 


 


 


 


 


Council

18 May 2016

Item 11.4 - Attachment 3

Registered plan of acquisition - Deposited Plan 1216534

 


 


 


 


 


Council 18 May 2016

Item 11.5

 

11.5. Management and Operation of Merimbula Airport     

 

This report is prepared to update Council on the negotiations with Airport Agencies regarding transitional arrangements for the management and operation of Merimbula Airport and to recommend a contract for operational management services at Merimbula Airport.

 

Director Transport and Utilities  

 

Background

Council will recall that during 2013 and 2014, a number of Councillor Workshops, Council reports, public consultation and community debate took place regarding the future operational management of Merimbula Airport. During this process, Council considered four basic models namely:

1.         Direct Management

2.         Contract Management

3.         Lease Management and

4.         Private Ownership.

Ultimately, Council adopted the following Resolution on 4 February 2015.

1.         That Council resolve to call for Expressions of Interest from interested bodies to enter into an appropriate, legally binding instrument for the air services operations of the Merimbula Airport with the objective of providing the maximum benefit to the community of the Bega Valley.

2.         That the statement of council requirements dated 30 January 2015 be adapted to inform the Expressions of Interest.

Accordingly, Expression of Interest EOI 31/15 was publicly advertised and three formal submissions were assessed and considered by Council at its meeting of 22 July 2015, resolving as follows;

1.         That Council invite Airport Agencies Pty Ltd, IAS Airports Pty Ltd and Ambidji Group Pty Ltd to submit tenders in relation to the management and operation of Merimbula Airport.

2.         That the tender documentation and tender evaluation plan be commissioned by the General Manager from an independent body and cover operation and management options.

3.         That the General Manager be authorised to appoint an independent tender assessment panel to assess tenders under the Local Government (General) Regulation 2005 and report to her at the conclusion of the evaluation process

Airport Agencies Pty Ltd, IAS Airports Pty Ltd and Ambidji Group Pty Ltd were invited to submit formal tenders. Council at its meeting of 16 December 2015 considered RFT 31/15 and Resolved as follows;

1.         That Council not accept any tenders as no tenders received offered value for money.

2.         That Council not recall tenders as this is unlikely to provide a better outcome at this time.

3.         That Council negotiate a management fee for service contract with the current operator for a 2 year transition period to allow Council to become the certified aerodrome operator for the purposes of the Civil Aviation Safety Regulations and the Aviation Transport Security Regulations.

4.         That Council retender the management operations of the Merimbula Airport once operator certification has been received.

5.         That the General Manager and Group Manager Transport and Utilities negotiate with the current operator and report back to Council.

During the early part of 2016, the Director Transport and Utilities has undertaken discussions with Airport Agencies to negotiate the terms and conditions for transitional arrangements for the operational management of Merimbula Airport.

Agreement has now been reached for a contract for services for the management of Merimbula Airport, based on the attached Scope of Works, Schedules and Contract Specification which is closely aligned to the tender process run by Council.

Council’s attention is drawn to several important elements within the proposed documents namely:

1.         The fixed price schedule (refer to Councillor only Confidential Memorandum attached);

2.         That all airport revenues will become Council responsibility as of 1 July 2016 and this will require Council to have in place processes and staff to record, collect and if necessary recover income due;

3.         The fixed term transitional arrangements whereby Airport Agencies will assist Council to become the certificated operator and have in place all regulatory documentation. Airport Agencies’ involvement will end in July 2018. See below:

Operation

Suggested Date

Financial management of the airport to Council commencing

1 July 2016.

Master Security Licence transferred to Council commencing

1 November 2016.

Civil Aviation Safety Authority certification

1 December 2017.

Council to be established to assume operations or new contract operator established to commence operation. Termination of the contract

1 July 2018.

 

4.         The variation schedule and provisional sums that are provided where requested or directions given outside the contract scope will result in additional charges to Council.

5.         That Council may be required to have in place specialist contract administration and management staff with regulatory responsibilities under the Civil Aviation Safety (CASA) Regulations.

Issues

Legal

CASA is the Statutory Authority that conducts the safety regulation of civil air operations in Australia, including the regulation of certified and registered aerodromes.

The Aviation Transport Security Act 2004 and associated Aviation Transport Security Regulations 2005, establishes a regulatory regime to safeguard against unlawful interference with aviation.

Strategic

The Merimbula Airport Master Plan is the major strategic driver for the Airport. The Airport is a critical element of Council’s transport strategic direction and its management into the future will be critical to ensure the best outcomes for the community.

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, a number of other key sectors have developed, in particular tourism and remote area employment. There is growing momentum for projects linking air freight from the area. The Airport, as part of the regional/national transport network, provides access to business markets and thereby significant support to the local economy and at the same time airport operations generate a direct economic benefit.

Policy

Council does not have a policy position on the ownership and/or operation of the Airport. However, within Council’s Community Strategic Plan (CSP) the importance of the Airport directly relates to the themes - Enterprising Place through support of the local economy and the tourism industry and Accessible Place as part of an integrated transport network and support of emergency services. Indirectly the operations of the airport support Liveable Place by providing access to specialist medical and educational services.

Operational Plan

Maintaining and operating the Airport is consistent with Council’s Operational Plan, as part of its integrated transport network

Environmental / Sustainability

Merimbula Airport is located in an environmentally sensitive area, between Merimbula Lake to the west and bushland areas to the east of Arthur Kaine Drive, where extensive foreshore dunes form part of Merimbula Beach. There are also wetland areas to the south, south west and east of the runway and within the Airport site itself. The areas are environmentally significant and wetland areas are identified in SEPP14.

Asset

The Airport infrastructure is a significant and capital intensive asset. The ongoing maintenance, renewal and upgrade of the Airport are vital for a safe, secure and reliable aviation operation. To this end, there is a need for substantial commitment of resources, particularly capital funding, over a long period of time.

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are seen as a vital component of an overall integrated transport network, which links the Bega Valley with capital cities. The Airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment and business.

Financial and Resources

The proposed budget provides a contract management allocation for the Merimbula Airport, based on forecast revenues from property leases, aircraft landing fees and RPT passenger levy.

The extent to which Council resources are required will be significant, as the service contract will require administration, management and financial oversight.

Conclusion

This report provides information about the background and basis of negotiations with Airport Agencies for the transition of the operational management of Merimbula Airport. It is recommended the Contract for Services negotiated be adopted, based on the terms and conditions summarised above and detailed in the attached Confidential Memorandum to Councillors.

 

Attachments

1.            Attachment to management and operation of Merimbula Airport key elements of Merimbula Airport Service Contract

2.            Memorandum to Councillors Management and Operation of Merimbula Airport  (Confidential)

 

Recommendation

1.         That Council accept the recommendations as outlined in the Confidential attachment.

2.         That Council accept the submission from Airport Agencies for the Contract for Services for the management of Merimbula Airport for two years in accordance with contract documentation RFT 48/16, in the amount of $<insert> per year (excluding GST), subject to variations, provisional sums and indexation.

3.         That authority is delegated to the General Manager to execute all necessary documentation.

 


Council

18 May 2016

Item 11.5 - Attachment 1

Attachment to management and operation of Merimbula Airport key elements of Merimbula Airport Service Contract

 


 


 


 


 


 


 


 


 


 


 


 


 


Council 18 May 2016

Item 11.6

 

11.6. Bega Valley Local Traffic Committee - 4 May 2016     

 

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held 4 May 2016.

 

Director Transport and Utilities  

 

Background

The Bega Valley Local Traffic Committee held a meeting on 4 May 2016, the Minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations prior to action being taken. The recommendations were supported unanimously by the Committee.

 

Attachments

1.            Plan of proposed parking arrangements in Imlay Street, Eden

2.            Map of Imlay Street and Chandos Street Intersection showing proposed double white lines

 

Recommendation

That Council adopt the Bega Valley Local Traffic Committee recommendations as follows:

Imlay Street, Eden – Parking arrangements

1.         That Council approve the installation of the following zones along the eastern side of Imlay Street in the following locations:

a)         1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturday:

i)          Commencing at a point 30 metres from the intersection of Bass and Imlay Streets for a length of 12.6 metres;

ii)         Commencing at a point 82.6 metres from the intersection of Bass and Imlay Streets for a length of 38 metres; and

iii)        Commencing at a point 184.4 metres from the intersection of Bass and Imlay Streets for a length of 14 metres.

b)        15 minute timed parking commencing at a point 42.6 metres from the intersection of Bass and Imlay Streets for a length of 6.3 metres.

c)         No Stopping Zones:

i)          Commencing at the intersection of Bass and Imlay Streets for a length of 30 metres;

ii)         Commencing at a point 48.8 metres from the intersection of Bass and Imlay Streets for a length of 33.8 metres;

iii)        Commencing at a point 126.6 metres from the intersection of Bass and Imlay Streets for a length of 21.8 metres; and

iv)       Commencing at a point 198.4 metres from the intersection of Bass and Imlay Streets for a length of 16.6 metres to the intersection of Chandos and Imlay Streets.

d)        A Taxi Zone commencing at a point 120.6 metres from the intersection of Bass and Imlay Streets for a length of 6 metres.

e)        A Bus Zone commencing at a point 148.4 metres from the intersection of Bass and Imlay Streets for a length of 30 metres.

2.         That Council approve the installation of the following zones along the western side of Imlay Street in the following locations:

a)         1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturday:

i)          Commencing at a point 29.2 metres from the intersection of Bass and Imlay Streets for a length of 25 metres;

ii)         Commencing at a point 75.9 metres from the intersection of Bass and Imlay Streets for a length of 52 metres; and

iii)        Commencing at a point 148 metres from the intersection of Bass and Imlay Streets for a length of 36 metres.

b)        No Stopping Zones:

i)          Commencing at the intersection of Bass and Imlay Streets for a length of 29.2 metres;

ii)         Commencing at a point 54.2 metres from the intersection of Bass and Imlay Streets for a length of 21.7 metres;

iii)        Commencing at a point 127.9 metres from the intersection of Bass and Imlay Streets for a length of 20.1 metres; and

iv)       Commencing at a point 184 metres from the intersection of Bass and Imlay Streets for a length of 33.8 metres to the intersection of Chandos and Imlay Streets.

3.         Council approve the installation of the following zones within the centre island parking area of Imlay Street between Bass and Chandos Streets in the following locations:

a)         1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturday:

i)          Commencing at a point 23.4 metres from the intersection of Bass and Imlay Streets for a length of 49.5 metres;

ii)         Commencing at a point 74.5 metres from the intersection of Bass and Imlay Streets for a length of 73.1 metres; and

iii)        Commencing at a point 156.1 metres from the intersection of Bass and Imlay Streets for a length of 45.2 metres.

b)        Accessible parking spaces:

i)          Commencing at a point 23.4 metres from the intersection of Bass and Imlay Streets for a length of 3.6 metres;

ii)         Commencing at a point 56.2 metres from the intersection of Bass and Imlay Streets for a length of 16.7 metres; and

iii)        Commencing at a point 130.6 metres from the intersection of Bass and Imlay Streets for a length of 17 metres.

c)         Seniors parking spaces commencing at a point 27 metres from the intersection of Bass and Imlay Streets for a length of 5.9 metres.

Lamont Street, Bermagui – Loading Zone

That Council approve the installation of a timed Loading Zone from 6am to 6pm, Monday to Friday in Lamont Street, Bermagui, commencing at a point 102 metres westerly from the intersection of Lamont and Montague Streets for a length of 14.25 metres.

Imlay Street, Eden – Revised line marking at Chandos Street intersection

That Council approve the installation of double white lines at the intersection of Chandos and Imlay Street, Eden in the following locations:

1.         Extending a distance of 9 metres south from the northern traffic island at the intersection.

2.         Extending a distance of 7 metres north from the southern traffic island at the intersection.

Late Item – Bega Valley Rally – 11-12 June 2016

That Council approve the Bega Valley Rally to be held on 11 June 2016 to 12 June 2016, subject to receipt of a completed Special Event Transport Management Plan and in accordance with previous recommendations of the Local Traffic Committee made on 2 December 2015 and Council resolution of 16 December 2015 as follows:

1.         That the organisers fully implement an approved Special Event Transport Management Plan.

2.         That signage is displayed advising of Road Closures

3.         That letters are sent to land owners seeking written approval for the closure of private gates.

4.         That a Traffic Management Plan is required stating that private gates are locked in accordance with CAMS guidelines.

5.         That Council support the road closures (as listed), on Sunday 12 June 2016 for the Bega Valley Rally subject to requirements set out by the local Traffic Committee:

a)         Buckajo Road, Bega including the spectator point on private land

b)        Upper Cobargo Road, Bega

c)         The Snake Track

 


Council

18 May 2016

Item 11.6 - Attachment 1

Plan of proposed parking arrangements in Imlay Street, Eden

 


 


Council

18 May 2016

Item 11.6 - Attachment 2

Map of Imlay Street and Chandos Street Intersection showing proposed double white lines

 

 

 


Council

18 May 2016

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

18 May 2016

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

12.1            Council Meeting Date September 2016 ........................................................... 162

12.2            Local government operational and management effectiveness report - Financial Year 2015  ........................................................................................................................... 163


Council 18 May 2016

Item 12.1

 

12.1. Council Meeting Date September 2016       

 

Under Section 9 of the Local Government Act 1993 the Council is required to publicise when it will hold its meetings.

 

General Manager  

 

Background

The meeting date schedule for Ordinary Council meetings for the following twelve months was resolved on 16 September 2015.

The NSW Council Election date for non-merging Councils has been set for 10 September, 2016.

A meeting is currently scheduled to be held on 21 September, 2016.  To allow appropriate time for the declaration of the Polls and to prepare the necessary paperwork along with induction training for new Councillors prior to the first meeting of the new Council this date, this Council meeting date will need to be amended.

It is recommended the first meeting of the new Council be held on Wednesday 28 September, 2016, commencing at 2.00 pm

At that meeting, the Ordinary meeting date schedule for the following twelve month to September 2017, including day of the week and time of the day will be set.

 

Attachments

Nil

 

Recommendation

That Councillors approve the change of date for the September 2016 Ordinary Council meeting following the Council Election to Wednesday 28 September, 2016 commencing at 2.00 pm.

 


Council 18 May 2016

Item 12.2

 

12.2. Local government operational and management effectiveness report - Financial Year 2015        

 

This report outlines Bega Valley Shire Council’s results pertaining to participation in the Local Government Operational Management and Effectiveness Survey of Australian and New Zealand local government bodies for the Financial Year 2014-2015.

 

Executive Manager Organisational Development and Governance  

 

Background

Bega Valley Shire Council (BVSC) participates in an annual survey of Australian and New Zealand local government bodies for purposes of benchmarking a range of internal metrics including our workforce, financials, operations, risk management and corporate leadership.  The survey is conducted by Local Government Professionals Australia using the services of Price Waterhouse Coopers (PWC).

In NSW 79 Councils participate in the survey.  This Report summarises significant findings for the Financial Year 2014-2015 to enable us to benchmark ourselves against other NSW metropolitan, regional and rural Councils and to inform better practice planning into the future.

Significant Findings

Workforce

Positives

Overtime as a percentage of salary and wages is trending downwards and is better than the other Councils’ average.

Lost Time Injury incident rate is better than other Councils’ average.

Weeks to fill open positions has improved by over double since the previous  year (down to 7.7 weeks) and is significantly better than the majority of other Councils.

Challenges

Remuneration as a percentage of expenses have increased by 7% since the previous year (yet is on-par with the NSW Survey population).  During 2014-15 there were a significant number of departures from Council resulting from the ageing workforce and associated retirements and organisational changes with some consequent termination payment liability, in turn inflating the total remuneration costs for the year. Staff numbers were lower and remuneration higher due to this transition.

Staff turnover rate in the first year of employment is trending upwards (26.8%) and is considerably higher than the majority of councils.  (Turnover rate excludes casual employees.)  This would suggest a need to look more closely at our recruitment and selection practices to ensure better organisational fit with the selected recruit.

Female diversity in the organisation is trending negatively and is poor compared with other Councils.  Our female staff turnover rate is increasing year-on-year (currently 18% per year) and the number of females occupying managerial roles is falling and worse than most Councils.

On the Radar

Span of managerial control (‘other staff’ per manager) is becoming less, in other words, there are less direct reports per manager/coordinator/team leader.  [In this metric, less is worse.]  BVSC remains better than the majority of Councils; however this trend of increasing managerial numbers needs to be monitored in order to ensure it does not conflict with other organisational culture initiatives such as increased empowerment of the workforce.

Finance

Positives

Our rate collection is very good, with 97% of total invoiced rates collected in FY15.  This is significantly better than the average of the surveyed population (93%).

Challenges

Days to report monthly financial data (15 days) is approximately twice as long as the median for Councils surveyed.  Best practice amongst other Councils is 3 days.  To a degree this can be explained by the relatively small number of staff at BVSC involved in this activity compared with other Councils.

There is a year-on-year trend in local government to move from use of unsophisticated financial analysis tools, (typically spreadsheets downloaded from the general ledger) towards state-of-the-art business analytics (BI) tools.  BVSC falls into the lower category (31% of Councils) still using ledger data downloaded into spreadsheets requiring manual data manipulation to produce reports.

Both the above issues are currently being addressed.  A ‘real-time’ reporting platform will go live in 2017 financial year and this will move a number of the financial metrics into the positive side of the benchmark data.

On-the-Radar

Capital expenditure per resident is trending upwards ($980) and is well above the NSW Survey Population ($490).  This is in part explained by the strategic move in Council’s Long Term Financial Plan to increase capital expenditure married with the physical area of the Shire, the relatively low population density and the cost of assets such as roads and bridges.

A number of measures of financial information reporting were identified as being less timely than the average of the surveyed population.  This can be explained by the relatively small numbers of finance staff at BVSC compared to other Councils.

Operations

Positives

Corporate staff (finance, customer service, human resources, information technology), per 100 employees is trending downwards (now 9.8) and significantly better than the average of other NSW Councils (13).

Percentage of Operational Plan actions achieved has significantly improved and now sits at 95% compared with 83% average for other NSW Councils.

On-the-Radar

Customer service FTE per 10,000 residents has reduced significantly (now 3.4) but is still above the other NSW Councils’ average (2.4).

Risk Management

Positives

The Internal Audit Function was perceived as performing well.

Corporate Leadership

Positives

The Average Council Meeting duration has dropped (96 minutes) and is well below the other NSW Council average (145 minutes).

Percentage of corporate KPIs on track is 100%, and significantly better than the NSW Survey Population (77%).

On-the-Radar

Average Council Resolutions passed has fallen (from 25 to 20) and is slightly below the NSW Survey Population (23).

Conclusion

An initial review of the benchmark data for the 2014-2015 survey year, suggests BVSC is on-par or doing better than many other NSW Councils.  The rates of female participation in the workforce (and associated measures) suggest a need for increased focus on this area of workplace diversity.  Financial reporting measures may require some improvement to bring those measures closer in-line with the averages of other Councils.

BVSC has contracted to participate in the next two rounds of the Operational Effectiveness Survey (FY 2015-16 and FY 2016-17) so as to be able to track trends in our metrics and to demonstrate improvements linked back to strategies such culture change programs.

 

Attachments

1.            Price Waterhouse Coopers Local Government Operational and Management Effectiveness Report - BVSC FY 2015

 

Recommendation

That Council note the report on the Operational Effectiveness Survey.

 


Council

18 May 2016

Item 12.2 - Attachment 1

Price Waterhouse Coopers Local Government Operational and Management Effectiveness Report - BVSC FY 2015

 


Council

18 May 2016

Item 12.2 - Attachment 1

Price Waterhouse Coopers Local Government Operational and Management Effectiveness Report - BVSC FY 2015

 


 

  

 


Council

18 May 2016

 

Staff Reports –  Finance (Leading Organisation)

 

18 May 2016

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

13.1            Public Exhibition - draft operational plan, draft budget, draft fees and charges 170

13.2            Quarterly Budget Review Statement (QBRS) at March 2016........................... 173

13.3            Certificate of Investments made under Section 625 of the Local Government Act, 1993         176


Council 18 May 2016

Item 13.1

 

13.1. Public Exhibition - draft operational plan, draft budget, draft fees and charges     

 

Council is required to exhibit its proposed 2016-17 draft Operational Plan including Revenue Policy, draft Fees and Charges and draft Budget for a period of 28 days.

 

Director Strategy and Business Services  

 

Background

All councils in NSW are required to develop long term, medium term and short term plans under the Local Government Amendment (Planning and Reporting) Act 2009 which has transitioned councils to the Integrated Planning and Reporting (IPR) framework.

Documents proposed for public exhibition include:

Draft Operational Plan– including the 2016-17 Revenue Policy

The draft 2016 – 2017 Operational Plan narrows the actions and projects specific to the budget year under the framework provided by the Community Strategic Plan (CSP) and more specifically by the Delivery Plan.  The Plan includes:

·    An outline of strategic activities to be undertaken for the year relating to each Council Service Area

·    An outline of core functions activities for each Council Service Area, describing the level of service

·    Presentation of the revenue (rating, fees and charges) policy for the year, and

·    Descriptors of the statutory and efficiency performance indicators.

Draft Budget 2016-17

The draft Budget 2016-17 identifies the funding source by service in the CSP themes, and the special rate variations previously approved by the Minister for Local Government and IPART.

Key factors which have informed the Budget development include:

·   IPART approval of an increase to the Council’s rate yield of 1.80% which results in an additional yield of $398k.

·   An estimated Award increases of 2.80% costing $837k across general, water, sewer and waste.

·   The impact of loss of funding from the Federal Government’s capping of Financial Assistance Grants and loss of funding from the State Government and other sources.

The 2017 draft Budget has been developed in conjunction with Council’s Long Term Financial Plan (LTFP). The LTFP “maps” Council’s long term direction including major projects over a ten year period. The LTFP aligns with the Asset Management Plans and service level documents adopted by Council. The LTFP also includes the adopted long term rate pricing path which does not include any special variation in future years.

 

In summary, the 2017 Operational Plan and Budget includes:

·    Revenue of $89.6m

·    Operating Expenditure of $61.1m which is used to provide services to the Community.

·    Capital Expenditure of $32.0m which is used to renew and replace the community’s assets.

·    The balance funded by a drawdown on Reserves.

·    Loan drawdowns for 2017 of $900k to be used to complete the Merimbula Bypass.

With emergency (flood) funding excluded this budget will represent one of the largest Capital budgets for the Bega Valley Shire Council and reflects the commitment Council has made to sustainably managing its $1.25b worth of assets. Council has invested more than $200m over the past 4 years towards renewing, replacing and upgrading its assets.

The attached draft Operational Plan outlines in greater detail where Council intends to spend the community’s funds and on what services or assets.

The 2017 Operational plan includes a number of new items as well as one-off expenditure item such as;              

·    The 2016 Council Election: The cost of running the election, as well as the prescribed induction and professional development of new Councillors has been factored into this budget. This expenditure only occurs every four years. In the interim years Council puts funds into reserve to assist funding when the election year falls due.

·    The Community Strategic Plan review which coincides with the election of a new Council required significant funding to undertake the extensive community consultation including a community survey. Similarly to the election expenditure, this activity occurs every four years.

·    Council has been approached by Sapphire Coast Tourism with a request to fund additional marketing campaigns around capitalising on the pending international status of Canberra Airport. The region is heavily involved with the ACT and Canberra Airport to take advantage of the significant resources being applied to the Singapore connection.

A full list of capital projects is included within the attached draft 2017 Operational Plan.

The draft 2017 Operational Plan has been reformatted to allow for greater integration between the Budget data and the Action being performed in the community. The intention being that the community can now see what is being undertaken and how much is being spent on that activity.

Draft 2016-17 Fees and Charges

The Council also determines fees and charges for a range of services such as planning and building, library, and children’s services and facility usage. The fees and charges proposed for these services and facilities for the 2016-17 year is detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Council management committees have been provided the opportunity to submit their draft fees for 2016-17, and these have been included.

Legal

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

Consultation

This report places the relevant documents on public exhibition, calling for submissions on any items. 

Public Exhibition will be from Wednesday May 18 – Tuesday June 14, 2016

Conclusion

The Council is required to publicly exhibit its draft Plans and Budget. Public exhibition will include documents being available in all library branches, an online presence and advertisements in local media.

Council will consider all feedback and formal responses prior to adoption of the Plans and Budget in June 2016.

 

Attachments

Nil

 

Recommendation

1.    That the draft Bega Valley 2016-17 Operational Plan including Revenue Policy be placed on 28 day public exhibition for the period of May 18 – June 14, 2016.

2.      That the draft Bega Valley 2016-17 Budget be placed on 28 day public exhibition for the period of May 18 – June 14, 2016.

3.      That the draft Fees and Charges 2016-17 be placed on 28 day public exhibition for the period May 18 – June 14, 2016.

4.      That submissions and feedback be considered by Council prior to adoption

 


Council 18 May 2016

Item 13.2

 

13.2. Quarterly Budget Review Statement (QBRS) at March 2016     

 

Budget Review Statements are prepared and presented to Council quarterly in accordance with Section 203 of the Local Government (General) Regulations 2005.

 

Director Strategy and Business Services  

 

Background

Under the Integrated Planning and Reporting (IPR) Guidelines, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter.

The QBRS, due to its size, has been distributed to Councillors electronically and if requested, in hardcopy. The link below directs the user to the electronic version of the document.

Bega Valley Shire Council March 2016 QBRS

The QBRS is presented in a summary format which reflects the Long Term Financial Plan (LTFP). Each function of Council is presented individually as a summary page for each theme. The report also shows a range of management information for each function, such as:

·     Income Progress graphs: These graphs illustrate how each function is progressing with their revenue estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

·     Reserves table: This table outlines cash reserves linked to that particular function and their movements throughout the financial year.

·     Expense Progress Graphs: These graphs illustrate how each function is progressing with their expenditure estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

·     Revotes Table: This table tracks the progress of the revotes from the 2015 financial year.

It is the intent of this report to provide information to the users of the QBRS report in order to illustrate the financial performance of each particular function of Council.

Council staff retain the ability to enquire, transact, and report on the detailed General Ledger, which includes budgets. If there are specific questions relating to detailed transactional information, staff can provide answers to those questions.

Issues

Legal

Clause 203 of the Local Government (General) Regulations 2005 states:

Budget review statements and revision of estimates

1.      Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2.    A budget review statement must include or be accompanied by:

a.         A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b.         If that position is unsatisfactory, recommendations for remedial action.

c.         A budget review statement must also include any information required by the Code to be included in such a statement.

Financial

The QBRS reports the detailed variances for the March 2016 quarter.

There are few significant variances to report to Council. A more detailed analysis is located within the QBRS attachment.

The significant variances are:

1.      Anticipated revenue from Flood Remediation Grant has been estimated to reduce from $2.9Mil set at the start of the Financial Year to $0.7 Mil. Corresponding expense items have been adjusted accordingly. This will result in no financial impact. However there will be adverse impact on the condition rating of our assets as they cannot be remediated to pre-flood condition under current year funding.

2.      Council is expected to receive a further $1.6 Mil in capital funding under the Roads to Recovery program. Corresponding expense items have been adjusted accordingly. Council has progressed through most of the identified projects and is likely to expend the entire allocation by year end.

3.      Council’s purchase and sale of fleet has been adjusted to reflect the current demand and funding constraints. Purchase for the year reduced by $1.4 Mil and corresponding revenue from sales reduced by $0.7 Mil.

All other variances are of a minor nature reflecting the receipt of new grants and associated expenditure or the reallocation of expenditure amongst maintenance items.

As at the end of December 2015, Council held $51.5M in cash and investments – the bulk of which remain restricted for use on planned infrastructure or projects preconditioned by loans, grants or development contributions.

As per Council’s Policy, the QBRS reflects the Budget in a balanced position and maintains working capital at adopted levels. All net movements are factored through the movement both to and from reserves, including anticipated transfers to asset, Employee Leave Entitlements (ELE) and property reserves at year end.

Conclusion

Council’s December 2015 QBRS has been presented to Council. Council financial performance is healthy and within the operating budget set by Council in June 2015.

 

Attachments

Nil

 

Recommendation

1.      That Council note the March 2016 Quarterly Budget Review Statement (QBRS).

2.      Council resolve to adopt the variances as detailed in the March 2016 Quarterly Budget Review Statement (QBRS).

3.      That Council place the March 2016 Quarterly Budget Review Statement (QBRS) on its website for public information.

 


Council 18 May 2016

Item 13.3

 

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

 

This report details Council’s investments during the month of April 2016.

 

Director Strategy and Business Services  

 

Background

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

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

Issues

Legal

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

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

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

Policy

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

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

Financial

The attached report indicates a current investment portfolio of $38,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

February 2016

March 2016

April 2016

General Fund

$14,708

$9,708

$7,708

Water Fund

$14,842

$14,842

$14,842

Sewer Fund

$16,350

$16,350

$16,350

In addition, there is $2,750,000 in uninvested funds in Council’s operating account. There is an additional $5,000,000 at call investment held in Council’s Transactional Account.

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

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

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

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

Table 2: Restricted Cash and Investment by Fund $’000

Fund

External Restrictions

Internal Restrictions

Unrestricted

Total

General Fund

$10,902

$8,560

-$4,004

$15,458

Water Fund

$4,224

$10,618

 

$14,842

Sewer Fund

$2,581

$13,769

 

$16,350

The restrictions reported in Table 2 relate to 30 June 2015.

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

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

 

Attachments

1.            Certificate of Investment Report

 

Recommendation

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

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

 


Council

18 May 2016

Item 13.3 - Attachment 1

Certificate of Investment Report

 


 

  


Council

18 May 2016

 

 

Notices of Motion

 

18 May 2016

 

17.1            Support for Timor Leste.................................................................................... 181

17.2            Bega Valley - action re super trawlers............................................................. 183


Council 18 May 2016

Item 17.1

 

17.1. Cr Liz Seckold - Support for Timor Leste        

 

Background

East Timor, the youngest and one of the poorest countries in Asia, lies about 610 kilometres northwest of the Australian city of Darwin and Australia has played a prominent role in the young republic's history.

Indonesia invaded East Timor in 1975 and thousands of deaths resulted.  Following the Declaration of Independence

Australia has led international support for East Timor during its first 10 years of independence, and has been one of the largest bilateral donors of development assistance, but also by providing a leadership role to ensure security and stability in the country.

Australia led the military force that helped stabilize the country after it gained independence from Indonesia in 1999 and has been a major source of aid since.

On 1 October 2015, at the International Peace Institute in New York Former President of Timor Leste, Dr José Ramos-Horta, stated:

“We share the Timor Sea between Timor Leste and Australia.  We have 368 miles; there is an overlap of 200 miles. We would agree on a maritime boundary by following the international practice of median line determination”.

Australia’s support of 1.2 million people of Timor Leste by agreeing to a maritime boarder between our two coastlines would permit Timor Leste to share lucrative oil fields

Bega Valley Shire Council's relationship with Timor Leste

The Bega Valley Shire Council has a friendship relationship with the sub-district of Barique-Natarbora (Manatuto District) in Timor Leste.  It was signed in 2004 by the District Administrator, Mr Elvino Bonaparte de Rego, Mr Rui Gomes, the Sub-District Administrator and the Mayor of Bega Valley Shire Council, Mr David Hede.

The Bega Valley Advocates for Timor Leste, founded twelve years ago, has regularly celebrated Timor Leste’s Independence Day with the Bega Valley Shire Council, with a flag raising ceremony in Littleton Gardens and a presentation of the group’s Annual Report.

The advocates have supported the Sub- District of Natarbora for 11 years.  They began with the re-building of the agricultural college destroyed by Indonesian forces.  Bega Valley Shire Council contributed $4,000 to assist with teacher training and local advocates have provided vocational resources and books in the Tetum Language.

We need to support the people of Timor Leste, who supported the Australian soldiers after the invasion of Timor by the Japanese during World War II.  The Timor Leste people were punished for providing that support. At the same time, Australia needs to be a good friend and natural ally to Timor Leste to assist in ensuring a future for the Timor Leste people free of poverty and hunger.

Cr Liz Seckold

 

Attachments

Nil

 

Notice of Motion

1.    That Council call on the Australian Federal Government to immediately commence negotiations with the Timor Leste Government on permanent maritime boundaries, using a median line approach.

2.    That Council call on the Australian Government to resubmit to the maritime boundary jurisdiction of the International Court of Justice and the International Tribunal on the Law of the Sea, so that the boundaries can be settled by an independent body if necessary.

 


Council 18 May 2016

Item 17.2

 

17.2. Cr Keith Hughes - Bega Valley - action re super trawlers       

 

Background

The Geelong Star has been fishing in the Small Pelagic Fishery (SPF) off the far south coast for most of 2016 to date. During this time it has been found in breach of its operating license conditions, killing albatross, seals, and even catching a whale shark. The vessel has been operating throughout the region’s busiest recreational fishing and tourism season.

Super trawlers do unacceptable harm to the marine environment due to intensive localised fishing and continued death and injury to non-target species including albatross, seals, dolphins, and sharks.

The Australian Fisheries Management Authority (AFMA) has acknowledged recreational fishing concerns about the potential to cause localised depletion (overfishing) of the Small Pelagic Fishery, which provides critical baitfish for larger predators such as tuna, marlin and shark, which are target species for game fishing. However AFMA has implemented an area management regime for the SPF that is not based on science has no monitoring regime to assess if localised depletion occurs and no management response for reparation if it does occur.

Andrew Constance MP, NSW State Member for Bega, has made statements in opposition to the trawler fishing in far south coast waters but Dr Peter Hendy MHR, Federal Member for Eden Monaro, has been non-committal.

http://www.naroomanewsonline.com.au/story/3719264/hendy-encourages-discussion-in-factory-trawler-geelong-star-debate/

 

Cr Keith Hughes

 

Attachments

Nil

 

Notice of Motion

1.         That the Bega Valley Shire Council condemns the activities of super trawlers and factory freezer trawlers, such as the Geelong Star and write to the Member for Eden-Monaro, Dr Peter Hendy to request that he oppose the continued presence of the Geelong Star on the far south coast and oppose its return to regional waters at any time in the future.

2.         That Bega Valley Shire Council write to the State MP for Bega, the Hon Andrew Constance, to thank him for his public statements in opposition to the Geelong Star, and request he support action by the NSW State Government to protect NSW small pelagic fisheries and marine life from its impacts. 

         


Council

18 May 2016

 

Confidential Business

Adjournment Into Closed Session

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

 

Recommendation

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

22.1    Merimbula Land Matters

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) the report contains personnel matters concerning particular individuals and (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

22.2    Payment of Headworks Charges associated with DA 2014.150

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) the report contains personnel matters concerning particular individuals.

22.3    Proposed Acquisition of Part SP 74126, Palmer Lane, Merimbula for Bypass Road

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.