OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Commemorative Civic Centre on Wednesday, 29 June 2016 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
24 June 2016
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government
· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.
Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
Contact |
Phone |
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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 |
TO: The
General Manager
Bega Valley Shire Council
In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act 1993 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___
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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 |
29 June 2016 |
Recommendation
That the Minutes of the Ordinary Meeting held on 8 June 2016 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
8.1 Community Environment Grants 2016-17 Recommended Projects........................................ 9
8.2 Bega - Tathra Deferred Sites Planning Proposal........................................................................ 16
8.3 Merimbula, Pambula and Eden Deferred Sites Planning Proposal........................................ 67
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
9.1 Aquatic Facilities Review............................................................................................................. 140
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Bega Valley Local Traffic Committee - 1 June 2016................................................................ 146
11.2 Compulsory Acquisition of Easement for Utilities at Pambula.............................................. 148
11.3 Naming of Unnamed Roads in Bega and Tathra....................................................................... 179
11.4 RFT 23/16 Remediation Works to Palestine Creek Bridge, Government Road, Eden...... 182
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Adoption of 2016-17 Operation Plan, Budget, Fees and Charges...................................... 186
12.2 Councillor and Mayoral Fees (Section 241 Local Government Act).................................... 199
12.3 Council elections, Councillor induction and professional development, and Council meeting dates to December 2016........................................................................................................................... 213
12.4 Applications
for Financial Assistance: Section 356
Fourth Quarter 2015/2016........................................................................................................ 226
12.5 Classification of land recently acquired by Council................................................................ 229
12.6 Encroachment: Lake Street, Merimbula................................................................................ 232 .
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes
13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 241.
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.
19.1 Heritage Register of Trees - Cr Seckold.................................................................................... 246
19.2 Eden Killer Whale Museum - Cr Fitzpatrick............................................................................. 248
19.3 Code of Conduct update to Councillors re comments to media - Cr Mawhinney............. 250
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public......................... 251
22.1 Bega 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.
Council |
29 June 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
8.1 Community Environment Grants 2016-17 Recommended Projects..................... 9
8.2 Bega - Tathra Deferred Sites Planning Proposal................................................ 16
8.3 Merimbula, Pambula and Eden Deferred Sites Planning Proposal.................... 67
Council 29 June 2016 |
Item 8.1 |
8.1. Community Environment Grants 2016-17 Recommended Projects
This report details the outcomes of the recently advertised 2016-17 Community Environmental Grants Program. The Program supports non-profit organisations and community groups to undertake important environmental work in the Shire. Eleven projects are recommended to Council for funding support.
Director Planning and Environment
Background
The Community Environmental Grants (CEG) Program has the following aims:
· Support community groups and organisations to enhance, protect and restore the natural environmental assets of the Shire;
· Encourage and foster positive environmental behaviour amongst the community;
· Increase community awareness and understanding of environmental assets;
· Support conservation strategies currently undertaken by Council;
· Support / protect / enhance areas of cultural significance (environmental components only); and
· Assist in the provision of innovative environmental management projects.
The Program has been in operation since 2011-12 and has supported 44 projects to date for the approximate value of $183,000. The program is funded from Council’s Environmental Levy via a special rate variation, first introduced in 2003.
The assessment criterion for the Program includes:
· Meeting the objectives of the Community Environment Grant Program (within the Program Guidelines) and alignment to the program’s funding categories;
· Support from other stakeholders and site applicability (if relevant);
· Appropriately incorporated or auspiced organisation;
· Clear and achievable project plan, including timing and budget;
· Group / organisational capacity and experience; and
· Supporting new communities to build capacity for long term projects.
Community Environment Grants Summary 2016-17
· The 2016-17 Budget allocated from the Environmental Levy is $50,000 (approximately 12% of the annual Levy).
· 14 applications were received seeking a total of $72,673.
· Not all applications are recommended, nor are they all able to be funded.
As with each year’s application assessment, the process is for Council Officers to conduct a preliminary assessment of each application in order to better understand the project and its approach and, given the community based nature of the application, potentially refine the application to clarify and focus key elements as appropriate. These discussions can lead to the revision of project scope and associated budget which help meet the program’s overall budget, but without jeopardising the project’s viability.
Attachment 1 outlines the recommended projects for 2016-17, as well as those not recommended for funding.
Issues
Strategic
The CEG program fulfils the following strategic elements within the Community Strategic Plan:
Community Ambition: S2 Sustainable communities: Our community has the services, opportunities and support to live sustainably.
Outcome Area: S2.4 Community – based sustainability initiatives are supported and implemented across the Shire
Strategic Action: S2.4.1 Council will partner with groups and provide support to community based sustainability projects and activities
Community Ambition: S1 Valued natural environments
Outcome Area: S1.1 Threatened communities, flora and fauna species are protected and enhanced through the provision of buffers, landscapes scale corridors and recovery action
Strategic Action: S1.1.1 Increase awareness and understanding of values of biodiversity
Policy
The CEG program helps implement procedure ‘3.04.3 Environmental Levy’.
Consultation
The Environment Grants Committee met to discuss applications on 7 June 2016. One Councillor was unable to attend that day, however their comments were provided to staff the following day. The recommendations within this report reflect the recommendations of the Environment Grants Committee.
Financial and Resources
The CEG program is resourced through Council’s Environmental Levy with the 2016-17 allocation being $50,000.
Funding source |
|
Amount |
Environment Levy |
$ |
50,000 |
Conclusion
Upon confirmation of the program’s projects for 2016-17, applicants will be advised of Council's resolution and appropriate funding agreement with each successful applicant will be developed.
Attachments
1. Community Environment Grants 2016-17 Recommendations
1. That Council adopts the recommendations outlined in Attachment 1. 2. That Council advises each applicant of the outcome of their application and proceed to organise funding agreements with successful organisations. |
Item 8.2 |
8.2. Bega - Tathra Deferred Sites Planning Proposal
This report recommends appropriate land use zones and minimum lot sizes to five sites in the Bega – Tathra area, currently deferred from the Bega Valley Local Environmental Plan 2013.
Director Planning and Environment
Background
In 2014 Council submitted two planning proposals – ‘Northern Rural Residential Zones’ and ‘Southern Rural Residential Zones’ to the Department of Planning and Environment (DPE) for Gateway determination. These planning proposals sought to finalise a number of “Appendix 2” matters deferred from Bega Valley Local Environmental Plan 2013 (BVLEP 2013). Council was encouraged to withdraw both planning proposals and provide further justification for each of the sites by way of a “short strategic assessment”. Council officers accordingly prepared two strategic assessments for consideration of the DPE, detailing each site and the relative catchment-based supply and demand for Rural Residential lots.
Following further extensive discussions and site inspections with the DPE, agreed officer positions were reached on the majority of sites previously included in the 2014 planning proposals. As a result two new planning proposals have been produced:
1) Bega – Tathra Deferred Sites; and
2) Merimbula, Pambula and Eden Deferred Sites.
This report covers the Bega – Tathra sites.
Issues
Strategic
Council officers have been working closely with the DPE to finalise the five (5) deferred sites (see Table 1) and the draft Planning Proposal reflects the agreed position reached with the DPE and with input from the NSW Office of Environment and Heritage.
Notably this draft Planning Proposal ensures appropriate lot sizes are applied to four of the sites with existing Development Approval.
In summary the Bega – Tathra draft Planning Proposal provides the following key outcomes:
· Removal of deferred status for 5 properties
· Appropriate lot sizing applied to reflect existing Development Approvals
· 24 potential additional lots across the Bega and Tathra catchment areas.
Further, Council officers are developing a Draft Rural Living Strategy 2016 (RLS) which, when adopted by Council, would implement a Shire-wide strategy for new rural residential and rural village development from demand based and infrastructure analyses. This draft Planning Proposal is in accordance with the principles promoted within the RLS.
Table 1: Summary of Sites contained in draft Planning Proposal
Property |
Current Zone |
Proposed Zone |
Proposed Min. Lot Size |
Estimated additional lot yield |
J.K. Blacker Finucane Lane, Bega |
2(f) Future Urban |
R5 Large Lot Residential |
1 hectare |
0 (9 Lots already approved) |
R Miller Princes Highway, Bega |
2(f) Future Urban |
R5 Large Lot Residential |
1 and 3 hectares |
0 (62 Lots already approved) |
J Tipping D’Arcy Lane, Jellat Jellat |
1(a) Rural General |
E4 Environmental Living |
2 hectares |
0 (2 Lots already approved) |
Linkwood Pty Ltd Tathra River Estate, Thompsons Drive, Tathra |
1(a) Rural General Zone, 2(a) Residential Low Density Zone, 2(c) Residential Tourist Zone, 6(a) Existing Open Space Zone and 7(b) Environment Protection Foreshore Zone |
R5 Large Lot Residential, E2 Environmental Conservation and RE1 Public Recreation |
1 hectare |
20 (32 lots already approved)
|
R Brown Sapphire Coast Drive, Kalaru |
1(a) Rural General |
E4 Environmental Living |
2 hectares |
4 Lots |
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Total |
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24 lots |
Consultation
The draft Planning Proposal will be placed on public exhibition following receipt of Gateway Approval from the DPE. During the public exhibition period interested local community members are able to make submission on the draft Planning Proposal which would then be the subject of a further report to Council.
Conclusion
The five (5) properties covered by the Bega – Tathra Deferred Sites draft Planning Proposal provide for modest rural residential growth in the Bega – Tathra area. Following extensive investigation by officers and discussion with the DPE, appropriate land use zonings and minimum lot sizes for each site have now been finalised and form the basis for the recommendations within this report.
Attachments
1. Bega - Tathra Deferred Sites Draft Planning Proposal
1. That in respect of the five deferred sites included in the draft Planning Proposal, Council resolves the following: a) Finucane Lane, Bega Lot 10 DP 1162109; apply R5 zoning and minimum lot size of 1 hectare. b) Princes Highway, Bega Part Lot 4 DP 1077434, Part Lot 2432 DP 793758 and Lot 1510 DP 1077898; apply R5 zoning and minimum lot sizes of 1 hectare and 3 hectares. c) D’Arcy Lane, Jellat Jellat Lot 5210 DP 807872, Lot 3 DP 735201 and Lot 51 DP 740926; apply E4 zoning and minimum lot size of 2 hectares. d) Tathra River Estate, Thompsons Drive, Tathra Lot 2 DP 582074; apply R5, E2 and RE1 zonings and minimum lot size of 1 hectare (R5). e) Sapphire Coast Drive, Kalaru Lots 21 & 22 DP 816824 and Lots 2 & 3 DP 249834; apply E4 zoning and minimum lot size of 2 hectares. 2. That the Bega – Tathra Deferred Matters Sites Planning Proposal be forwarded to the Department of Planning and Environment for Gateway Approval to place on public exhibition. 3. Following public exhibition a further report be presented to Council summarising the results of the public exhibition period. 4. Should no public comment be received during the public exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without further reports to Council. |
Item 8.3 |
8.3. Merimbula, Pambula and Eden Deferred Sites Planning Proposal
This report recommends appropriate land use zones and minimum lot sizes to nine sites in the Merimbula, Pambula and Eden areas, currently deferred from Bega Valley Local Environmental Plan 2013.
Director Planning and Environment
Background
In 2014 Council submitted two planning proposals – ‘Northern Rural Residential Zones’ and ‘Southern Rural Residential Zones’ to the Department of Planning and Environment (DPE) for Gateway determination. These planning proposals sought to finalise a number of “Appendix 2” matters that were deferred from Bega Valley Local Environmental Plan 2013 (BVLEP 2013). Council was encouraged to withdraw both planning proposals and provide further justification for each of the sites by way of a “short strategic assessment”. Council officers accordingly prepared two strategic assessments for consideration of the DPE, detailing each site and the relative catchment-based supply and demand for Rural Residential lots.
Following further extensive discussions and site inspections with the DPE, agreed officer positions were reached on the majority of sites previously included in the 2014 planning proposals. As a result two new planning proposals have been produced:
1) Bega – Tathra Deferred Sites; and
2) Merimbula, Pambula and Eden Deferred Sites.
This report covers the Merimbula, Pambula and Eden sites.
Strategic
Council officers have been working closely with the DPE to finalise the nine (9) deferred sites (see Table 1) and the draft Planning Proposal reflects the agreed position reached with the DPE and with input from the NSW Office of Environment and Heritage.
In summary the draft Planning Proposal provides the following key outcomes:
· Removal of deferred status for 9 properties
· 27 potential additional lots across the Merimbula and Pambula catchment areas.
Further, Council officers are developing a Draft Rural Living Strategy 2016 (RLS) which, when adopted by Council, would implement a Shire-wide strategy for new rural residential and rural village development from demand based and infrastructure analyses. This draft Planning Proposal is in accordance with the principles promoted within the RLS.
Table 1: Summary of Sites contained in draft Planning Proposal
Property |
Current Zone |
Proposed Zone |
Proposed Min. Lot Size |
Est. additional lot yield |
Robyns Nest Merimbula Drive, Merimbula |
7(d) Environmental Protection General and 2(c) Residential Tourist |
E4 Environmental Living, E3 Env. Management and E2 Env. Conservation
|
1 and 2 hectares, 10 hectares |
10 |
H Loftus Boggy Creek Road, Millingandi |
1(a) Rural General |
E4 Environmental Living |
2 hectares |
0 |
ELALC Oregon Street, Pambula |
1(a) Rural General |
E3 Environmental Management |
120 hectares |
0 |
Multiple owners Bega Street, Pambula |
2(f) Future Urban |
R5 Large Lot Residential and E4 Environmental Living |
2,000sq/m and 5,000sq/m |
0 |
Multiple owners Oaklands Road, Pambula |
1(a) Rural General |
E4 Environmental Living and RU2 Rural Landscape |
1 hectare and 120 hectares |
3 |
G Wright Mount Darragh Road, Lochiel |
1(a) Rural General |
E4 Environmental Living |
4 hectares |
2 |
G Evans Mount Darragh Road, South Pambula |
1(a) Rural General |
R5 Large Lot Residential, E4 Environmental Living and E3 Environmental Management |
3,000sq/m, 5,000sq/m and 7 hectares |
11 |
R Jermyn Princes
Highway, |
1(a) Rural General Zone, 1(c) Rural Residential and 7(b) Environmental Protection Foreshore |
E3 Environmental Management and E2 Environmental Conservation |
5 and 20 hectares |
1 |
Crown Lands NSW West Street, Eden |
2(e) Urban Zone |
RU2 Rural Landscape |
120 hectares |
0 |
Consultation
The draft Planning Proposal will be placed on public exhibition following receipt of Gateway Approval from the DPE. During the public exhibition period interested local community members are able to make submission on the draft Planning Proposal which would then be the subject of a further report to Council.
Conclusion
The nine (9) properties covered by the Merimbula, Pambula and Eden Deferred Sites draft Planning Proposal provide for modest rural residential growth in the Merimbula and Pambula areas. Following extensive investigations by Council officers and discussion with the DPE, appropriate land use zonings and minimum lot sizes for each site have now been finalised and form the basis for the recommendations within this report.
Attachments
1. Merimbula, Pambula & Eden Deferred Sites Draft Planning Proposal
1. That in respect to the nine deferred sites included in the draft Planning Proposal, Council resolves the following: a) Merimbula Drive, Merimbula Part Lot 1882 DP 1014185; apply E4, E3 and E2 zonings and minimum lot sizes of 1 hectare (E4), 2 hectares (E4) and 10 hectares (E3). b) Boggy Creek Road, Millingandi Lot 5431 DP 1041710; apply E4 zoning and minimum lot size of 2 hectares. c) Oregon Street, Pambula Lot 529 DP 1007936, Lots 1-3, 16-19 Section 45 DP 758825 and Lots 1-4, 19-22 Section 46 DP 758825; apply E3 zoning and minimum lot size of 120 hectares. d) Bega Street, Pambula Lots 1 & 2 DP 68708, Lots 102 & 103 DP 734647, Lots 16-22 DP 792850, Lots 10-13 DP 1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP 758825, Lot 1 DP 198435, Lot 23 DP 803543, Lots 8 & 9 DP 997160 and Lot 10 DP 734647; apply R5 and E4 zonings and minimum lot sizes of 2,000sq/m (R5) and 5,000sq/m (E4). e) Oaklands Road, Pambula Lots 441 & 442 DP 1077278, Part Lot 381 DP 1027113, Part Lot 45 DP 807327 and Lots 431-433 DP 1152077, Lot 434 DP 1152077; apply E4 and RU2 zonings and minimum lot sizes of 1 hectare (E4) and 120 hectares (RU2). f) Mount Darragh Road, Lochiel Lot 384 DP 1062442; apply E4 zoning and minimum lot size of 4 hectares. g) Mount Darragh Road, South Pambula Lot 302 DP 749405; apply R5, E4 and E3 zonings and minimum lot sizes of 3,000sq/m (R5), 5,000sq/m (E4) and 7 hectares (E3). h) Princes Highway, Griegs Flat Lot 102 DP 1108395; apply E3 and E2 zoning and minimum lot sizes of 5 hectares (E3) and 20 hectares (E3). i) West Street, Eden Lot 128 DP 750205; apply RU2 zoning and minimum lot size of 120 hectares. 2. That the Merimbula, Pambula and Eden Deferred Sites Planning Proposal be forwarded to the Department of Planning and Environment for Gateway Approval to place on public exhibition. 3. Following public exhibition a further report be presented to Council summarising the results of the public exhibition period. 4. Should no public comment be received during the public exhibition period, officers progress the Planning Proposal to finalisation and gazettal without further reports to Council. |
Council |
29 June 2016 |
Item 8.3 - Attachment 1 |
Merimbula, Pambula & Eden Deferred Sites Draft Planning Proposal |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.
9.1 Aquatic Facilities Review................................................................................... 140
Council 29 June 2016 |
Item 9.1 |
Council, in consultation with key users and stakeholders, has undertaken an Aquatic Facilities Review to gather information that can be used to guide the future management and development of six Council owned public swimming pool facilities in the Shire. The draft review documents are now ready for public exhibition.
Director Community, Relations and Leisure
Council at its Ordinary Meeting on the 18 March 2015 Council Resolved inter alia:
“4. That a strategic plan be developed and presented to Council for adoption at least six months prior to the end of the extension period.”
Council has five outdoor seasonal swimming pools and one all year round indoor aquatic centre. Of these six facilities, three outdoor pools are managed by independent contractors whose current contract is due to expire at the end of the 2016/2017 season.
As part of workplace health and safety requirements, and overarching public liability and duty of care, there are specific regulations that come into effect when operating public pools. These relate to: supervision levels and staff training; chemical use and storage; and water quality monitoring and testing. These regulations are in place to manage risk. Breaches can lead to penalties for the pool operator.
The Local Government Act 1993 applies in relation to procurement of services and also for use of public assets for commercial benefit.
The Crown Lands Act applies where assets are located on Council managed Crown Land as in the case of Sapphire Aquatic Centre.
The draft Review identifies the current and future needs of the Bega Valley Shire community and guides the provision of aquatic facilities to cater for those key needs. Importantly the review process identified opportunities and measures that can be used to quantify the value of the Shire's aquatic facilities to the community.
The Review, when considered in conjunction with a revised Community Strategic Plan and long term financial plan to be finalised in the next term of Council, will inform an Aquatics Strategy for the future provision of public pools in the Bega Valley Shire.
The delivery of the Review links to the following ambitions and outcomes identified in the Bega Valley Community Strategic Plan 2030:
Community Ambition A2: Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.
Outcome Area A2.3: Safe and well maintained sporting fields, recreation areas and built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.
In total there are nine swimming facilities of varying sizes throughout the Shire owned and/or managed by Council. The Review document focuses on the six public swimming pool sites located at: Bega; Bemboka; Candelo; Cobargo; Pambula Beach; and Eden, it excludes Littleton Gardens water fountain as well as Bruce Steer Pool and Blue Pools (ocean) at Bermagui.
The current pool assets are identified in Council’s Parks and Recreation Asset Management Plan. Pools in the Shire have been developed over the past 60 years and contain many different asset types and components that are at different stages in their useful lives. It identified some challenges ahead as some high cost components become due for renewal over the next 10 years.
The Asset Management Plan does not look at how the community has changed and evolved over the past 60 years, or forecast the changing needs and requirements in terms of provision of these types of community facilities. The Review does this in depth and proposes strategies to manage the challenges ahead.
All six public swimming pool facilities are used for recreational swimming, school programs and carnivals as well as learn to swim programs and Swim Club events. Visitation information reflects that a total of 115,476 people visited the Shire's pools (including Sapphire Aquatic Centre (SAC)) in the six months from October 2015 – March 2016, the highest level of visitation was to the SAC Centre and Bega War Memorial Pool.
The SAC provides the community with an indoor facility that caters for disability access and other amenities adding further value to the swimming experience (for example child minding, gym and exercise classes). A total 106,024 visits were made to the SAC in 2014/15, as well as 58,068 visits to outdoor pools during the 15/16 summer pool season.
The Review seeks to provide future planning options for developing multi-purpose facilities to meet the changing needs and expectations of the community.
Consultation has been a very important aspect of the development of the Review document. A number of opportunities have been offered enabling the community to have their input into this review. Key elements of the consultation activities included stakeholder meetings designed to give key users, including residents, the opportunity to be involved and put their views forward.
In addition to these meetings there were also online and hardcopy surveys available, providing a further opportunity for involvement. One survey was geared towards feedback from pool users, a second towards community members with a third towards schools.
In total 372 responses were received from the ‘At Pool’ on site user survey and ‘Community’ survey, 250 from the ‘At Pool’ survey, and 122 from the ‘Community’ survey.
Details of the consultation feedback can be found in the Review.
The Review was funded through the Leisure and Recreation area budget.
The Review has identified and prioritised significant projects that will require funding and resourcing in the future; however adopting the Review will put Council and the community in a good position to plan how the projects will be resourced and to apply for external funding as opportunities arise.
The draft Review provides an assessment and comparison of operating costs, income and patronage between pools. It also provides some industry comparison against other pools in the same categories.
One of the primary comparisons is a measure of subsidy by Council per visit. It should be noted there is no right or wrong level of subsidy. There may be a number of factors or issues that determine what a reasonable subsidy is, in the context of a particular site or service. The importance of including this comparison information in the Review is the information is ‘on the table’ and is considered and noted as an important part of the forward planning, to provide direction on provision, costs, value for money, opportunities, risk management and the future asset renewal of aquatic facilities in the region.
Pool Management
An important aspect of the Review was to provide an analysis of the different operating models for the Council owned pools considering the pros and cons of the different models. The review provides information to use and consider when decisions are being made in the future, particularly at times when major projects or asset renewals are being planned. The Review identifies that future major upgrades will have direct impacts and are likely to have indirect impacts on users at all pools. The ability to be able to monitor and compare patronage, popular uses, peak use times, operational costs and the level of subsidy per visit will be very important when considering options to manage the Shire's pools to meet the needs of users and deliver fair value for money to the broader community.
It has not been recommended to change the current balance of contractor / direct Council management at the end of the current (extended) contract period. There may however, be some changes to get better consistency and value out of the pools collectively, such as the Shire wide pools passes introduced for the 2015/16 season. In future contracts, provision will need to be made to enable major projects, if they become likely to proceed during future contract periods.
It should also be noted, considering that payments of over $140,000 are made to operating contractors each season, the contracts will need to be publicly tendered to ensure compliance with Council’s procedure to procure goods and services and ensuring the community are being provided with good quality services and programs that meet all regulations, at fair value for money.
The draft Review has been completed. It is proposed it be advertised and put on public exhibition for at least 28 days. Contractors and Council officers will be informed of the process prior to the public exhibition period beginning. Once feedback and submissions from the exhibition period have been considered and any necessary changes made, the final Aquatic Facilities Review will be reported to Council for adoption.
Once adopted, the Review will inform the future development and enhancement of the public aquatic facilities in the Shire, and form part of information for consideration as Council develops its Operation Plan and long term Financial Plan.
1. Draft Bega Valley Aquatic Facilities Review (Councillor Only) (Confidential)
Council |
29 June 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Bega Valley Local Traffic Committee - 1 June 2016......................................... 146
11.2 Compulsory Acquisition of Easement for Utilities at Pambula......................... 148
11.3 Naming of Unnamed Roads in Bega and Tathra.............................................. 179
11.4 RFT 23/16 Remediation Works to Palestine Creek Bridge, Government Road, Eden 182
Council 29 June 2016 |
Item 11.1 |
11.1. Bega Valley Local Traffic Committee - 1 June 2016
This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held 1 June 2016.
Director Transport and Utilities
Background
The Bega Valley Local Traffic Committee held a meeting on 1 June 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
Nil
That Council adopt the Bega Valley Local Traffic Committee recommendations as follows: Imlay Street, Eden – Request to revise line marking That the line marking on the southbound lane of Imlay Street, Eden at the intersection of Albert Terrace be altered as follows: 1. The existing double white lines be removed. 2. That a Right Turn Lane and Left Turn Lane be established with appropriate line marking, including a right and left directional arrow. Eden Whale Festival Street Parade and Car Display – 29-30 October 2016 1. That, subject to conditions, Imlay Street and Albert Terrace Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 8.00am and 12.30pm on Saturday, 29 October 2016 for the Eden Whale Festival truck display and street parade. 2. That, subject to conditions, Bass Street Eden be temporarily closed between the Imlay Street and Calle Calle Street intersections between 8.00am and 12.30pm on Saturday, 29 October 2016 for the Eden Whale Festival truck display and street parade. 3. That, subject to conditions, Imlay Street Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street, between 8.00am and 1.00pm on Sunday, 30 October 2016 for the Eden Whale Festival Hot Rod Show and Shine car display. 4. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Albert Terrace and Bass Street Eden for the Eden Whale Festival on Saturday, 29 October 2016 and Sunday, 30 October 2016, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual. 5. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 6. That organisers fully implement an approved Special Event Transport Management Plan. 7. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 8. That organisers have written Police approval prior to conducting the event. Bunga Street, Bermagui – Parking Arrangements That Council approve the installation of 1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm Saturday along the western side of Bunga Street, Bermagui in the following locations: 1. Commencing at a point 120 metres from the intersection of Lamont Street and Bunga Street, Bermagui for a length of 8.4 metres; 2. Commencing at the southern end of the existing No Stopping zone being 147.0 metres from the intersection of Lamont Street and Bunga Street, Bermagui for a length of 23.0 metres; and 3. Commencing at a point 186 metres from the intersection of Lamont Street and Bunga Street, Bermagui for a length of 12 metres. Minyama Parade and Maher Street, Bega - No Stopping Zone That Council approve the installation of two No Stopping zones in the following locations: 1. A No Stopping zone on the northern side of Maher Street, Bega commencing at the intersection of Maher Street and Minyama Parade for a length of 57 metres; and 2. A No Stopping zone on the eastern side of Minyama Parade, Bega commencing at the southern end of the driveway to 12 Minyama Parade for a length of 47 metres. Church Street Car Park, Bega - Accessible Parking That Council approve the installation of two accessible car spaces along with a shared zone at the north western corner of the Church Street car park in Bega. Ford Park, Ocean Drive, Merimbula – Accessible Parking That Council approve the installation of two accessible car spaces and a shared zone adjacent to the Ford Park Playground off Ocean Drive, Merimbula commencing at a distance of 47 metres from the intersection point of Ocean Drive and Elizabeth Street for a length of 7.5 metres. Coraki Drive, Pambula Beach – Accessible Parking That Council approve the installation of two accessible car space and shared zone at the southern end of Coraki Drive, Pambula Beach commencing at the northern point of the existing No Parking zone northerly for a distance 2.5 and 5.0 metres and commencing at a point 31.5 metres for a width of 2.5 metres. Newtown Road, Bega - No Stopping That Council approve the installation of a No Parking zone for a length of 3.8 metres located between the existing driveways of 156 and 158 Newtown Road, Bega. |
Council 29 June 2016 |
Item 11.2 |
11.2. Compulsory Acquisition of Easement for Utilities at Pambula
This report seeks Council approval to formalise the compulsory acquisition of an easement for utilities over Lot 355 DP 41837, Lots 1 and 2 DP130079, Lots 381 and 382 DP1027113, Lots 3 and 4 Sec 7 DP758825, Lot 5 Sec 6 DP758825 and Lot 5 DP1104996 at Pambula to facilitate the supply of recycled water.
Director Transport and Utilities
Background
This matter was originally reported to Council on 26 October 2004 when it was Resolved, as part of the Bega Valley Sewage Program, to adopt a preferred strategy for the management of reclaimed water from the Merimbula Sewage Treatment Plant (Merimbula STP). A management agreement for the supply of recycled water from Merimbula STP for irrigation to Oaklands Farm was executed on 29 January 2013.
A pipeline was constructed in 2008 to dispose of the recycled water from Council’s Merimbula STP located off Arthur Kaine Drive, Pambula to Oaklands Dam, off the Princes Highway south of Pambula where it is re-used for irrigation purposes. The recycled water pipeline runs through land known as Lot 355 DP 41837 (Pambula Merimbula Golf Club), under Arthur Kaine Drive, via an unused road at the rear of properties in Arthur Kaine Drive, continuing west along Bullara Street running parallel to the walking track next to the Panboola wetlands before it crosses the Princes Highway into Oaklands about 400 metres from the Pambula township.
In order to protect the pipeline asset Council has requested, under Section 151 of the Roads Act 1993, for the sections of Crown road (being approximately 2,250 metres in length) traversed by the pipeline, to be transferred to Council’s ownership. Upon transfer no formal easement will be required over these sections of the pipeline. The section of Crown Road known as Yowaka Street has not been included in the road transfer request, as this section is held under Enclosure Permit 18189 by Mr Clifford Barry Moffitt as the access to the Oaklands property.
Formal Crown approval will be requested for the compulsory acquisition of the easement for utilities through Lot 355 DP 41837 and for the sections of Crown Road known as Yowaka and Bega Streets in Pambula upon registration of the plan of acquisition.
Council must now complete the process of acquisition by making an application to the Minister for Local Government, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and by entering into a Deed of Agreement with Mr Clifford Barry Moffitt and Mrs Michelle Aileen Moffitt, the registered proprietors of land known as Lots 1 and 2 DP 130079, Lots 381 and 382 DP 1027113, Lots 3 and 4 Sec 7 DP 758825, Lot 5 Sec 6 DP 758825 and Lot 5 DP 1104996, Princes Highway Pambula, with regard to the compulsory acquisition of easement through their land.
Issues
Legal
The application for compulsory acquisition is to be made to the Office of Local Government and requires a recent resolution of Council, for this reason a further resolution will need to be obtained once the plan of acquisition is registered.
Council resolution is required for the purpose of executing the Deed of Agreement with Mr and Mrs Moffitt to formalise the easement for utilities over their land at Princes Highway, Pambula (Oaklands).
Asset
The compulsory acquisition of the easement will finalise the asset creation works associated with this project. An increase to Council’s roads asset will result upon completion of the road transfer from Crown Lands, however there is no proposal to either construct or maintain these sections of road.
Consultation
Ongoing consultation has taken place with Mr and Mrs Moffitt and they have been informed that formalisation processes are now underway. Crown Lands previously consented to the proposed acquisition however updated consent is now required.
Financial and Resources
The costs associated with the easement creation were approved in the capital works budget for this project.
Council’s Property officers and external legal providers will be required to finalise the acquisition process.
Conclusion
Council needs to formalise the acquisition of easement for utilities through the road reserves and land that the recycled water pipeline traverses. Crown Lands and Mr and Mrs Moffitt have previously consented to the proposed acquisition by Council and for the formalisation process to proceed.
Attachments
1. Bega Valley Sewerage Program - Council report 26 October 2004 - Merimbula reclaimed water management strategy
2. Management Agreement - Moffitt
3. Plan of acquisition of proposed easement for utilities
1. That a proposed easement for utilities 6 wide designated as (A) in the Plan of Acquisition of proposed easement for utilities over Lot 1 DP130079, Lot 2 DP130079, Lot 381 DP 1027113, Lot 382 DP1027113, Lot 3 Section 7 DP758825, Lot 4 Section 7 DP758825, Lot 5 Section 6 DP758825 and Lot 5 DP1104996 be compulsorily acquired for the purposes of and to facilitate the supply of recycled water from the Merimbula Sewage Treatment Plant to a dam located on Lot 381 DP1027113 (known as “Oaklands Farm”) pursuant to Section 186 of the Local Government Act 1993. 2. That the General Manager and/or Mayor be delegated authority to execute a Deed of Agreement between Council and Clifford Barry Moffitt and Michelle Aileen Moffitt (Registered Proprietors) with regard to the compulsory acquisition. 3. That compensation payable to the Registered Proprietors is provided in the form of an already constructed dam on Lot 381 DP1027113, being the Registered Proprietors’ property, with no monetary compensation payable. 4. That the General Manager and/or Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the abovementioned land. |
Council |
29 June 2016 |
Item 11.2 - Attachment 1 |
Bega Valley Sewerage Program - Council report 26 October 2004 - Merimbula reclaimed water management strategy |
29 June 2016 |
|
Item 11.2 - Attachment 3 |
Plan of acquisition of proposed easement for utilities |
Item 11.3 |
11.3. Naming of Unnamed Roads in Bega and Tathra
Following a review of property addresses in the Bega Valley Shire by Land and Property Information (LPI) and the Geographical Names Board (GNB) Council has been requested to name several unnamed roads across the Shire.
Director Transport and Utilities
Background
Council is working closely with Land and Property Information (LPI) and the Geographical Names Board (GNB) to achieve the common goal of improving property and site addressing and data in our Local Government Area. As part of this process, Council’s Property officers selected names from Council’s pre-approved list of road names and carried out preliminary consultation with community groups and residents located near or associated with the unnamed roads. Alternate suggestions have been received from Mr Michael Caddey for the naming of the unnamed lane that runs between Tomigee and Bay Streets in Tathra and also from the Old Bega Hospital Reserve Trust for the naming of the unnamed road located off Newtown Road in Bega.
Unnamed Laneway between Tomigee and Bay Streets, Tathra
The name suggested by Mr Caddey for the unnamed lane that runs between Tomigee and Bay Streets in Tathra is “Minnie Lane”. The name proposed is in memory of Mary Wynne (nee Caddey) locally known as “Minnie”. Members of the Caddey family owned several large early landholdings in Tathra, one of which is the land encompassing the unnamed laneway. Minnie resided in a property for almost 80 years that immediately adjoins the subject laneway until her death in 2007 and was a well-known and loved member of the community. The suggested name may comply with Council’s Road Naming Procedure 4.04.1 under Road Naming Criteria (a)(ii) road names based on early explorers, pioneers, settlers and historical figures.
Unnamed Road off Newtown Road, Bega
The name suggested by the Old Bega Hospital Reserve Trust for the unnamed road located off Newtown Road in Bega, which is the main access road to the historical Old Bega Hospital site, is “Corkhill Place”. The name proposed is in memory of Pearl Corkhill who served as a Senior Sister at the historic Bega Hospital for a long time, she was one of only seven Australian nurses to be awarded a Military Medal for her service in the First World War. The name complies with Council’s road naming criteria as above.
Issues
Asset
Both roads are currently on Council’s Road Register as unnamed roads. This process will enable formal naming and gazettal.
Consultation
The Geographical Names Board of New South Wales has reviewed both these names under their Guidelines for the Naming of Roads and there is no objection to their use.
The proposed road names will be advertised in local newspapers, allowing a period of twenty eight days for submissions to be received. If no objections are received, the Geographical Names Board will be advised to arrange gazettal.
Financial and Resources
Council’s Property officers will be required to complete the public notification process.
Conclusion
Formalisation of the road names is in accordance with Council’s Road Naming Procedure and it is therefore recommended the public notification process now commence to formally name the unnamed laneway between Tomigee Street and Bay Street, Tathra as “Minnie Lane” and the unnamed road off Newtown Road, Bega as “Corkhill Place”.
Attachments
Nil
1. That Council approve the proposal to name the unnamed laneway located between Tomigee Street and Bay Street in Tathra as Minnie Lane. 2. That Council approve the proposal to name the unnamed road that is located off Newtown Road in Bega as Corkhill Place. 3. That Council advertise the proposed names in local media, inviting submissions to the proposals for a period of 28 days. 4. If no objections are received within the submission period, Council officers proceed with the road naming proposals without subsequent referral to Council. |
Council 29 June 2016 |
Item 11.4 |
11.4. RFT 23/16 Remediation Works to Palestine Creek Bridge, Government Road, Eden
This report details the outcomes of an Evaluation of Tender RFT 23/16 for Remediation Works to Palestine Creek Bridge, Government Road, Eden.
Director Transport and Utilities
Background
Stormwater erosion and flood waters have washed out material under and around the abutments to the Palestine Creek Bridge, which has the potential to seriously undermine the structure. Council engaged Andrew Marshman Engineers, to evaluate, design and document an efficient and economical solution to prevent further undermining and flood water damage.
Tender RFT 23/16 Remediation Works to Palestine Creek Bridge on Government Road, Eden was advertised in the Sydney Morning Herald, local newspapers, Bega Valley Shire Council website and Tenderlink (e-tendering) with the tender closing on 8 June 2016. All potential tenders are required to access the documentation through Tenderlink. Sixteen companies downloaded the documents, with only three formal submissions being received.
The tenders were evaluated in accordance with the evaluation criteria, weighting and scoring criteria as follows:
Project Value (75%) made up as follows:
· The overall project cost;
· The makeup of the cost structure;
· The integrity and the stability of cost; and
· Commercial terms and conditions.
Project experience (10%) made up as follows:
· Demonstrated ability to complete the work;
· Experience in completing similar projects;
· Quality system and QA Experience; and
· 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.
The value of the tenders received is within the current budget allocation for the works. The evaluation of the tenders received is attached in a Confidential Memorandum to Councillors.
Issues
Legal
The tendering process complies with the Local Government (General) Regulation 2005.
Operational Plan
The proposed works are in accordance with Council’s Bridge Renewals Program.
Environmental / Sustainability
A formal Review of Environmental Factors (REF) has been completed for the project with measures identified to protect the environmental values of the area during construction.
A Fisheries Permit has been obtained from Department of Primary Industries.
The requirements of the above have been included in the Contract.
Asset
This bridge is listed as a concrete bridge in Council’s Asset Management Plan and remedial works carried out in accordance with the 2015/2016 Bridge Renewal Program.
Social / Cultural
Upgrade and maintenance of the Palestine Creek Bridge is necessary to ensure safe and reliable traffic access, as Government Road is the only access road to Eden Cove.
Cultural and heritage matters have been assessed in the REF.
Consultation
Substantial consultation has occurred as part of the project.
Financial and Resources
The recommended Tender amount is within the budget allocated for the Palestine Creek Bridge in the 2015/2016 Bridges Renewal Program for maintenance and upgrade, as well as flood prevention. Construction work will be supervised by Council officers.
Conclusion
This report recommends award of the contract in accordance with details presented to Councillors in the Confidential Memorandum attached to this report.
Attachments
1. Confidential Memorandum to Councillors regarding RFT 23/16 Palestine Creek Bridge, Government Road, Eden (Councillor Only) (Confidential)
1. That Council accept the recommendations as outlined in the Confidential Attachment. 2. That Council accept the tender submission from <insert> in relation to Remediation Works to Palestine Creek Bridge on Government Road, Eden as described in RFT23/16, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That other tenderers be advised of Council’s decision. |
Council |
29 June 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Adoption of 2016-17 Operation Plan, Budget, Fees and Charges................... 186
12.2 Councillor and Mayoral Fees (Section 241 Local Government Act)................. 199
12.3 Council elections, Councillor induction and professional development, and Council meeting dates to December 2016............................................................................................. 213
12.4 Applications
for Financial Assistance: Section 356
Fourth Quarter 2015/2016................................................................................ 226
12.5 Classification of land recently acquired by Council.......................................... 229
12.6 Encroachment: Lake Street, Merimbula........................................................... 232
Council 29 June 2016 |
Item 12.1 |
12.1. Adoption of 2016-17 Operation Plan, Budget, Fees and Charges
The Council’s Integrated Planning and Reporting framework document, which includes Operational Plan, Operational Budget and Fees and Charges have been on public exhibition for the required 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 a new Integrated Planning and Reporting (IPR) framework.
Council has considered several reports since the Council Elections in September 2012 outlining the approach to the Community Strategic Plan (CSP) and enacting the Long Term Financial Plan (LTFP).
At its meeting on 18 May 2016, Council Resolved to place the following documents on public exhibition for 28 days covering the period 18 May –14 June 2016:
· Draft Delivery Plan and Operational Plan 2015-16 including the Revenue Policy 2016-17.
· Draft Operating Budget 2016-17
· Draft Fees and Charges 2016-17
Zero submissions were received.
The proposed Operational Plan, Budget and Fees & Charges are linked below. Please note that the link will not be active until after adoption by Council.
1. Fees and Charges: http://bv.lyte.link/f/3207/A70F
2. Operational Plan: http://bv.lyte.link/f/3208/3789
The following outlines the purpose of each document and the number of submissions received.
Draft Operational Plan 2016-17
The draft Operational Plan 2016-17 details the actions and projects to be undertaken to achieve the directions set in the CSP, with half yearly and annual reporting to Council on progress and performance.
There were no submissions received on the Draft Operational Plan.
Draft Operating 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 include:
· 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;
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 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 2017 Operational Plan.
The 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 the community can now see what is being undertaken and how much is being spent on that activity.
There were no submissions received in relation to Council's draft 2016-17 budget.
Draft Fees and Charges 2016-17
The Council 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 are 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 were provided the opportunity to submit their draft fees for 2016-17, and these were included within the exhibition document.
There were no submissions received on the draft Fees and Charges
Revenue Policy 2016-17
In conjunction with the adoption of the Operational Plan for the 2016-17 financial year, Council is required to ‘make’ the Rates and Charges proposed in the Statement of Revenue Policy.
Council exhibited 3 options for water charging. Considering zero submissions were received as to the communities preferred option, staff have included Option 1 in the revenue policy being the “as is” scenario. Council will consider its pricing policy on water charges in its review of the Delivery Plan in the 2017 financial year.
The draft Revenue Policy sets the Rates and Charges for 2016-17 as:
a) General Fund
(i) General Rates:
· to make a Base rate of $473.00 on each rateable parcel of land and an ad-valorum rate of 0.0039732 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;
· to make a Base rate of $473.00 on each rateable parcel of land and an ad-valorum rate of 0.0039732 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 516 of the LG Act and;
· to make a Base rate of $473.00 on each rateable parcel of land and an ad-valorum rate of 0.0075111 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 516 of the LG Act and;
· to make a Base rate of $473.00 on each rateable parcel of land and an ad-valorum rate of 0.0075111 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 516 of the LG Act and;
(ii) Stormwater Charge:
· to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;
· to make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;
· to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;
· to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;
· to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;
· to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.
(iii) Domestic Waste and Recycling Collection Charge:
· to make an annual Domestic Waste Collection charge of $402.50 per annum to provide a once-weekly 140-litre domestic waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment, for all properties categorised as residential and farmland in accordance with Sections 496 and 505 of the LG Act and where those properties are located within Council’s waste collection area. The service charge will be levied on:
§ each residential dwelling or;
§ in the case of multi-unit complexes each residential unit in a multiple unit complex.
· to make, if further capacity is required, upon request, a second waste service, with an additional charge of $209.50 per annum and for a second recycle service with an additional charge of $110.00.
· to make a waste availability charge of $81.50 to be levied on all vacant land where those properties are located within Council’s waste collection area.
(iv) Domestic Garden Organics Collection Charge:
· to make an annual Domestic Garden Organics Collection charge of $55.50 per annum for the monthly 240 litre domestic garden organics collection service for properties categorised as residential in accordance with Section 516 of the LG Act and where those properties are located within Council's waste collection area for urban areas and villages. The service charge will be levied on:
§ each residential dwelling or;
§ in the case of multi-unit complexes each residential unit within a multi-unit complex.
(v) Commercial Waste Collection Charge:
· to make an annual Commercial Collection charge of $553.50 which meets the costs of the once-weekly 240-litre commercial waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment. In the serviced areas, each service entitles the user to a once weekly kerbside collection service from one 240-litre mobile garbage bin (being General Waste and Recycling) on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.
· to make, if further capacity is required, upon request, a second waste service, with an additional charge of $232.00 per annum and for a second recycle service with an additional charge of $164.00.
(vi) Commercial Garden Organics Collection Charge
· to make an annual Commercial Garden Organics Collection charge of $55.50 per annum for the monthly 240 litre commercial garden organics collection where requested. In the serviced areas, each service entitles the user to a monthly kerbside collection service from one 240-litre mobile garbage bin on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.
b) Water Supply Fund
Pursuant to Section 501 of the LG Act Council hereby resolves:
(i) Water Supply Charges
· to make a charge by measure in the amount $2.75 per kilolitre for all water supplied by Council within or without of its area pursuant to section 502 of the LG Act.
· to make an annual Access Charge for each connection to Council's water supply at a charge determined according to the size of such connection as set out in the following schedule:
Particulars |
Volume factor |
Access charge |
Charge per Kl $ |
20mm Water Connection |
1.00 |
$207.00 |
$2.75 |
25mm Water Connection |
1.56 |
$322.92 |
$2.75 |
32mm Water Connection |
2.56 |
$529.92 |
$2.75 |
40mm Water Connection |
4.00 |
$828.00 |
$2.75 |
50mm Water Connection |
6.25 |
$1,293.75 |
$2.75 |
65mm Water Connection |
10.56 |
$2,185.00 |
$2.75 |
80mm Water Connection |
16.00 |
$3,312.00 |
$2.75 |
100mm Water Connection |
25.00 |
$5,175.00 |
$2.75 |
150mm Water Connection |
56.25 |
$11,643.75 |
$2.75 |
200mm Water Connection |
100.00 |
$20,700.00 |
$2.75 |
Strata Title Units (per unit) |
1.00 |
$207.00 |
$2.75 |
Unconnected properties which are able to connect (ie vacant land) |
$207.00 |
|
· to make an annual Access Charge of $207.00 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council;
· that subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.75 per kilolitre;
c) Sewerage Local Fund
Pursuant to Section 501 of the LG Act Council hereby resolves:
(i) Sewerage Service Charges
· to make a flat sewerage service charge of $1,147.00 for all residential and farmland properties except residential strata and residential non strata properties connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act;
· to make a flat sewerage service charge of $1,147.00 for each residential strata unit connected to the Council's sewerage service network and categorised as residential in accordance with Sections 516 of the LG Act;
· to make a flat sewerage service charge $1,147.00 for each residential non-strata unit connected to the Council's sewerage service network categorised as residential in accordance with Sections 516 of the LG Act;
· to make a flat sewerage service charge $573.50 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network.
· to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 516 and 517 of the LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $4.02 per kilolitre;
· to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 516 and 517 of the LG Act, calculated on the combination of a flat charge of $1,147.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below
· to make a flat sewerage service charge $573.50 for all properties categorised as business or mining in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network.
· Council notes that the discharge bands have been determined by the NSW Office of Water in its Best Practice Guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.
DISCHARGE FACTORS |
|
Discharger |
BVSC proposed |
B&B |
75 |
Bakery |
95 |
Boarding house or Hostel |
90 |
Butcher |
95 |
Café/Bistro/Cakes/Patisserie |
95 |
Car Detailing |
95 |
Car Wash - hand wash only |
75 |
Car Wash (Robo, clean & go, gerni type) |
95 |
Caravan Park |
75 |
Charcoal Chicken |
95 |
Chicken/Poultry Shop |
95 |
Churches |
95 |
Club (e.g. bowling, golf, racing) |
50 |
Club (e.g. RSL, surf club) |
95 |
Commercial swimming pool |
85 |
Community properties (halls) |
95 |
Community properties (reserves, sporting facilities, etc) |
51 |
Concrete batching plant |
10 |
Craft/stonemason |
95 |
Day Care Centre’s / Pre-schools |
95 |
Delicatessen, mixed business |
95 |
Dental Surgery |
95 |
Depot ( bus, courier, truck, taxi, fuel) |
95 |
Factory/Industry/Warehouse |
95 |
Food processing |
90 |
Fresh Fish Shop |
95 |
Funeral parlor |
95 |
General retail / services |
95 |
Government department |
95 |
Hairdresser / Beauty salon |
95 |
Hospital |
95 |
Hotel |
100 |
Joinery |
95 |
Laundry |
95 |
Marina |
90 |
Mechanical workshop |
95 |
Mechanical workshop w/ car yard |
85 |
Medical practice (incl. physio, herbal medicine, etc) |
95 |
Motel |
90 |
Multi-premise commercial (strata plan, dual occupancy) |
95 |
Nursery |
70 |
Nursing home |
90 |
Office Building |
95 |
Optical Service |
95 |
Panel beating/spray painting |
95 |
Printer |
95 |
Radiator repairer |
90 |
Restaurant (including cafes, canteens, bistros) |
95 |
Schools (Primary) |
95 |
Schools (Secondary) |
95 |
Schools (TAFE, University, etc) |
95 |
Seafood processing |
90 |
Self Storage |
90 |
Service station |
90 |
Shopping centre |
85 |
Supermarket |
95 |
Take away food |
95 |
Veterinary practice, Kennels or Animal wash |
80 |
Wreckers |
90 |
Volume Factor – Sewer
VOLUME FACTORS |
||
Meter size |
Factor |
Availability charge per year |
20mm |
1.00 |
$1,147.00 |
25mm |
1.56 |
$1,789.32 |
32mm |
2.56 |
$2,936.32 |
40mm |
4.00 |
$4,588.00 |
50mm |
6.25 |
$7,168.75 |
65mm |
10.56 |
$12,112.32 |
80mm |
16.00 |
$18,352.00 |
100mm |
25.00 |
$28,675.00 |
150mm |
56.25 |
$64,518.75 |
200mm |
100.00 |
$114,700.00 |
Liquid Trade Waste
Pursuant to Section 501 of the LG Act Council hereby resolves:
· to make a Liquid Trade Waste usage charge of one dollar ($1.20) per kilolitre of water consumption multiplied by the discharge factors as tabled below.
Band |
Discharge factor |
1 |
0% |
2 |
0% |
3 |
10% |
4 |
20% |
5 |
30% |
6 |
50% |
7 |
60% |
8 |
80% |
9 |
90% |
2S |
% N/A |
d) Exemptions – General Rates, Water & Sewer Access Charges
Council hereby resolves that in accordance with the provisions of Sections 555 to 558 of the LG Act the following exemptions must be applied:
Crown Land (general rates, water and sewer access charges) all Crown Land that is not being held under a lease for private purposes.
National Parks (general rates, water and sewer access charges) National parks, historic sites, nature reserves, state game reserves or conservation reserves whether or not the land is affected by a lease, licence, occupancy or use.
Conservation Agreements (general rates only, not water and sewer) Land that is a subject of a conservation agreement, any rate levied on that whole parcel of land is to be reduced by the percentage of the land in which the conservation agreement covers.
Churches or places of public worship (general rates, water and sewer access charges) Churches or places of public worship, minister’s residence, places used for religious teaching or training, and official head or assistance official head of any religious body in the State or in any diocese within the State
Schools (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with a school, school playground or residence occupied by a teacher, employee or caretaker of the school, as defined by the Education Act 1990.
Government Departments, Council, or Emergency Service (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with an emergency service or Government department, Council or an emergency service or Government department or Council office or residence provided that it is not commercially leased. This includes Police Stations and residences, Ambulances Stations and residences, Fire Stations and Government offices.
Aboriginal Land Council (general rates only, not water and sewer) Land that is culturally sensitive vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council (LALC) under Section 43 of Aboriginal Land Rights Act 1983 exempts Local Aboriginal Land Councils from the payment of rates and charges to Local Government Authorities and water supply authorities on certain types of lands.
The types of lands which may be exempt from rates include:
· Land listed in Schedule 1 of the Aboriginal Land Rights Regulation 2002
· Land that is not being used for a commercial or residential purpose (vacant land); and
· Land not being used for a residential purpose and declared by the LALC to be of cultural or spiritual significance.
If land is either listed in Schedule 1 or is vacant land, it is automatically exempt from rate exemptions.
To obtain a rates exemption for land not being used for a residential purpose but is declared by the LALC to be of cultural or spiritual significance (this could include land being used for a commercial purpose such as a cultural centre or museum), the Minister must approve the resolution and list the land in Schedule 1 of the Aboriginal Land Rights Regulation.
Land below a high water mark (general rates only, not water and sewer) Land that is below high water mark and is used for any aquaculture relating to the cultivation of oysters (Detailed in the Fisheries Management Act 1994).
Public places (general rates only, not water and sewer) Land that is a public place.
Public cemetery (general rates only, not water and sewer) Land used for a public cemetery and vested in the Crown, a public body or trustees.
Public library (general rates only, not water and sewer) Land used solely for a free public library and vested in the Crown, a public body or trustees.
Public hospitals (general rates, water and sewer access charges) Land that belongs to a Public Hospital.
Area Health Service (general rates only, not water and sewer) Land that is vested in an area health service.
Non-profit community organisations (general rates, water and sewer access charges) Council elects that upon application by registered non-profit community organisations and sporting ovals controlled by non-profit community organisations, Council will waiver all water access charges. The organisations will be assessed by Council on the following criteria:
· Must be a registered non-profit community organisation.
· Property has to be owned by and used for the purpose defined in the organisation’s charter (unless the tenant can demonstrate that they have taken on the burden of ownership as part of the tenancy agreement)
· Must be solely operated and/or managed by volunteers.
· Must be open to all members of the public (or all members of the public that fall into specified sections of the community as recognised in the organisation’s charter)
In relation to aged care facilities:
They must fall into the categories of either high level care (nursing home) or low level care (hostel) accommodation. The exemption does not extend to self-care units for people that are living independently, as you would in your own home, in a retirement village or aged care complex.
Where the self-care units are part of an ageing in place facility, Council will negotiate the level of exemption with the organisation based on the proportion of residents in the self-care section of the facility.
e) Pension Claim
In accordance with Section 575 of the LG Act, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.
General Rates and Domestic Waste Services: $250.00
Water Supply Fund: $87.50
Sewerage Supply Fund: $87.50
f) Interest on Overdue Rates and Charges
Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2016 to 30 June 2017 be calculated at 8.0% per annum being the maximum interest rate allowable under the provisions of the LG Act as advised by the Office of Local Government in its circular numbered 16-11 dated April 22, 2014.
ISSUES
Legal
Council is required to publicly exhibit the annual Operational Plan including Revenue Policy, Annual Operational Budget and Fees and Charges as part of the Council’s integrated planning and reporting framework. This has been done as required.
Strategic
The documents when adopted will guide the Council’s operations under the integrated planning and reporting framework.
Consultation
Annual requirements have been met including hosting of all material on website for 28 calendar days, availability of printed materials in all Shire library locations, Council administration centre, and public notice in local papers.
Conclusion
Council has placed all plans within the Integrated Planning and Reporting framework on public exhibition for the required period of 28 days.
Attachments
Nil
1. That the Draft Operational Plan 2016/17, including the Revenue Policy, be adopted. 2. That Council makes the Rates and Charges for the 2017 financial year as per the Draft Operational Plan and included in this report. 3. That the Draft Fees and Charges 2016/17 be adopted. 4. That the Draft Operating Budget 2016/17 be adopted. |
Council 29 June 2016 |
Item 12.2 |
12.2. Councillor and Mayoral Fees (Section 241 Local Government Act)
Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2016/2017 Financial Year.
Director Strategy and Business Services
Background
Each year the Local Government Remuneration Tribunal determines the range of fees payable to Councillors and Mayors in New South Wales. Included in the Determination is the minimum and maximum fees payable for each category of council. For the purpose of determining remuneration, Bega Valley Shire Council is classified as a Rural Regional Council.
The amount payable to each Councillor (including the Mayor) for Councillor fees in the current financial year is $18,380 with an additional amount of $40,090 payable to the Mayor.
Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Policy 5.02 on payment of expenses and provision of facilities. These reimbursements are in addition to the annual fees outlined in this report.
Councillor fees are payable monthly, in arrears, and funding to meet these payments are provided for in the 2016/2017 Budget.
For the 2016/2017 financial year, the Tribunal has set the minimum and maximum remuneration amounts for a Regional Rural classification outlined in the table below:
Table 3: Fees for General Purpose and County Councils
Category |
Councillor/Member Annual Fee |
Mayor/Chairperson Additional Fee |
||
Minimum |
Maximum |
Minimum |
Maximum |
|
General Purpose Councils |
||||
Principal City |
$25,670 |
$37,640 |
$157,030 |
$206,620 |
Major City |
$17,110 |
$28,240 |
$36,360 |
$82,270 |
Metropolitan Major |
$17,110 |
$28,240 |
$36,360 |
$82,270 |
Metropolitan Centre |
$12,830 |
$23,950 |
$27,260 |
$63,640 |
Metropolitan |
$8,540 |
$18,840 |
$18,180 |
$41,090 |
Regional Rural |
$8,540 |
$18,840 |
$18,180 |
$41,090 |
Rural |
$8,540 |
$11,290 |
$9,080 |
$24,630 |
County Councils |
||||
Water |
$1,700 |
$9,410 |
$3,640 |
$15,460 |
Other |
$1,700 |
$5,630 |
$3,640 |
$10,270 |
*This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member s.249(2)
Issues
Financial
There are sufficient funds provided in the 2016/2017 draft Budget to cover the Tribunal’s Determination for the maximum annual fee which would result in a total cost to Council of $205,510.00 for the 2015/2016 Financial Year.
Funding source |
|
Amount |
2015-16 operating Budget |
$ |
205,510.00 |
Conclusion
Council requires a resolution to set the Councillor and Mayoral fees for the 2016/17 financial year.
Attachments
1. 2016 Annual Determination Local Government Remuneration Tribunal
1. That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2016 to 30 June 2017 will be $18,840 2. That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2016 to 30 June 2017 will be $41,090. |
Council |
29 June 2016 |
Item 12.2 - Attachment 1 |
2016 Annual Determination Local Government Remuneration Tribunal |
Item 12.3 |
12.3. Council elections, Councillor induction and professional development, and Council meeting dates to December 2016
The next Local Government Elections will be held on 10 September 2016. This report outlines: the procedures for current Councillors and Council decision making in the lead up to the election; meeting dates to December 2016; and Councillor Induction and professional development following the Declaration of the Polls.
General Manager
Background
The next Local Government Elections will be held on Saturday 10 September 2016. Bega Valley Shire Council Resolved at its meeting held 14 January 2015 to outsource the coordination of its election to the NSW Electoral Commission (NSWEC) for the 2016 Local Government Elections. All candidates and other queries are being referred to the NSWEC with Council responsible for matters such as liaison with the NSWEC, Returning Officer liaison and the non-resident roll. A link to the NSWEC Local Government Elections page is on Council’s website.
The NSW Electoral Commission Local Council event website is now live. The event website address is:
Leading up to the Election, Council will enter a caretaker period. During this time the Council cannot make any major policy or expenditure decisions. Instead, applications must be made to the Minister for Local Government for an exemption in extraordinary circumstances should any decision need to be made.
To help facilitate continued operations during the caretaker period, Council has drafted a Procedure (copy attached) to assist in guiding current Councillors and Council officers during the period. The Procedure in summary contains the following:
· Processes intended to prevent Council from making inappropriate decisions or Councillors using resources inappropriately during the Election period before a general Election;
· Limits on public consultation and the scheduling of Council events;
· Processes to ensure that access to information held by Council is made equally available and accessible to candidates during the election.
Inappropriate decisions made by a Council during the Election caretaker period are described as:
· Decisions that would affect voting in an Election;
· Decisions that could reasonably be made after the Election;
· The publishing or distribution of material during the Election period likely to influence voting on Election Day.
Council officers and Elected Officials must observe specific legislative and governance requirements during the period leading up to an Election including the caretaker period.
Issues
Legal
The Council has determined the NSWEC will conduct the Election for the Bega Valley Shire Council.
The caretaker period commences at the time at which Councillor Nominations close and ends at 6pm on the Election Day. Therefore, in 2016, the caretaker period will be from:
· 12noon, Wednesday 10 August 2016, until
· 6pm, Saturday 10 September 2016.
Although the official caretaker period ends at 6pm on the day of the Election, Council will not be responsible for making any decisions until at least its first official Ordinary Meeting, scheduled for Wednesday 28 September 2016; prior to which all newly or re-elected Councillors will commence a formal induction process.
The soon to be legislated Phase 1 amendments to the Local Government Act now place requirements on Councils in relation to Councillor induction and training. The proposed calendar and events achieves compliance with these amendments.
Responsibilities
Council officers are responsible for:
· Preparation of non-residential rolls
· Scoping of pre-poll voting venues
· Scoping of polling venues
· Scoping of Returning Officer venue
· Liaison with the Returning Officer and the NSWEC
· Holding of any local pre-election, candidate information sessions
· Information for prospective candidates relevant to Bega Valley Shire Council
· Provision of relevant information regarding key dates and election processes
· Preparations of Councillor Induction Training Programs after Election results are declared
· Scheduling of mandatory training and public meetings
· Preparation of the Business Papers for Council meetings.
Candidate Information:
· All material relating to candidates, party material and funding of campaigns is available through the NSWEC
· Council will provide information by way of local media on Bega Valley Shire specific matters for candidates
· Council officers will host a Candidate Information night to provide information for candidates specific to Bega Valley Shire Council and to answer questions. This will be held on Wednesday 27 July at 6.00pm in the Bega Valley Commemorative Community Centre, Bega. This session is open to any interested community members.
· The nomination period for candidates open Monday 1 August 2016, and close at noon on the Wednesday 10 August 2016
· All nominations, withdrawal or nominations and requests to form groups on the ballot paper must be lodged by noon on the day Nominations close.
Current Councillors:
· In order to adhere to the provisions made under the Model Code of Conduct for Local Councils in NSW, in particular, Part 7 – Access to Information and Council Resources, the attached Procedure is in place to ensure Councillors and officers do not use resources inappropriately in the lead up to the election and during the Election caretaker period (the Election period)
· Council resources including: offices; support staff; hospitality services; equipment; email address; and stationary should be used exclusively for normal Council business during the Election period and should not be used in connection with an Election
· Other specific items relating to this matter are outlined in the attached Procedure.
Election Information:
· Information relating to dates and activities are included in the attached Procedure and is available from the NSWEC.
Induction for Councillors:
Council is required to provide Councillors with adequate and appropriate induction including a professional development plan. As part of Council’s adopted Memorandum of Understanding with Eurobodalla Shire Council, a number of key induction and training sessions will be held in conjunction with Eurobodalla Councillors.
Council meeting days and induction dates:
It was raised in a Question on Notice by Cr McBain that Council meeting times and days can be a barrier to people considering standing for local office. One of the first activities the newly elected Councillors will be required to do, is provide feedback on preferred days and times for meetings and workshops. This will then be considered by Council in relation to making appropriate amendments to the Code of Meeting Practice. If changes are proposed, the Code of Meeting Practice will be required to be publicly advertised for 28 days and submissions received for 42 days. Meeting dates at 2.00pm on every third Wednesday are therefore in place under the current Code of Meeting Practice through until December 2016 when any proposed changes would be formally resolved. These meeting dates are:
· Meeting Dates
o Wednesday 28 September: 2.00pm Extraordinary Meeting – Mayoral Election
o Wednesday 12 October: 2.00pm Ordinary Meeting
o Wednesday 2 November: 2.00pm Ordinary Meeting
o Wednesday 23 November 2016: 2.00pm Ordinary Meeting
o Wednesday 14 December 2016: 2.00pm Ordinary Meeting
· Induction Dates
o Wednesday 21 September 2016: 9.00am – 4.00pm
o Wednesday 5 October 2016: 9.00am to 4.00pm
o Wednesday 19 & Thursday 20 October 2016: 10.00 am to 4.00pm (to be confirmed depending on numbers of new councillors)
o Wednesday 26 October 2016: 10.00am to 4.00pm
o Wednesday 9 November – with Eurobodalla (Bermagui)
o Tuesday 15 and Wednesday 16 November 2016 externally facilitated session (Boydtown)
o Tuesday 19 and Wednesday 20 November 2016 externally facilitated:- Australian Institute of Company Directors Local Government course with Eurobodalla (Narooma)
o Wednesday 7 December 2016: 10.00am to 4.00pm.
Local Government NSW Annual Conference
The 2016 conference is to be held in Wollongong from Sunday 16 October to Tuesday 18 October. To take advantage of early bird booking it is appropriate for Council to nominate a number of attendees for this conference. As this is so close to the election period it is proposed that Council nominate the Mayor and two Councillors to attend this conference along with the General Manager. All costs for attendance are covered in the Councillors training and development budget.
Operational Plan
The Election, Induction and Training Plan are outlined in the 2016/17 Operational Plan and Budget.
Financial and Resources
The conduct of the Election is outsourced to the NSWEC and is budgeted for in the 2016/17 year. This is funded through the relevant reserve. The Induction and Training Plan is also identified as a key action and item in the Operational Plan and Budget.
Conclusion
The conducting of the Local Government Elections require particular behaviour by current Councillors being observed, places restrictions on decision making for the Council during a “caretaker” period and proposed amendments to the Local Government Act will require more formal Induction and Training Programs for elected Councillors.
The attached Procedure and the proposed initial Induction and Training Plan ensure the newly elected Councillors are provided the information and training required for them to move into their roles as effectively as possible. More detailed specific plans for individual Councillors will be developed in the second half of the year.
Attachments
1. Procedure 5.01.3 Local Government Elections - Caretaker Period
1. That Council adopt the meeting dates and times for the period September to December 2016 and these dates be published to the website. 2. That Council note the Procedure for the Caretaker Period and place the Procedure document on the Council website. 3. That Council note the proposed Induction Program as outlined in the report. 4. That Council resolve to nominate the Mayor and two Councillors along with the General Manager to attend the LGNSW annual conference in Wollongong from 16-18 October 2016. |
Council |
29 June 2016 |
Item 12.3 - Attachment 1 |
Procedure 5.01.3 Local Government Elections - Caretaker Period |
Item 12.4 |
12.4. Applications
for Financial Assistance: Section 356
Fourth Quarter 2015/2016
Applications for Financial Assistance, Community Partnership Fund, under Section 356 of the Local Government Act 1993 have been received for the fourth quarter of 2015/2016.
General Manager
Background
A report was provided to Council on 25 June 2014 outlining the revised procedure for handling Applications for Financial Assistance under Section 356 of the Local Government Act 1993.
The procedure details that individuals and organisations can apply for assistance at any time throughout the year, however applications for the Community Partnership Fund will be reported to Council for resolution every quarter.
The applications in this report have been received over the period from 1 March 2016 to 6 June 2016.
The applications received for this quarter are:
Applicant |
Request |
Amount |
Sapphire Coast Anglican Parish |
· To pay a road construction contractor to grade and form granite based roadway from the Holy Trinity Church entrance to the Church on Bega Candelo Road Kameruka, a distance of 800 metres |
$1,850.00 Cash |
Eden Local Aboriginal Land Council |
2016 Naidoc Week
· $1000 contribution to food and/or payment of Koori professional artist
|
$1,000.00 Cash |
Bega Local Aboriginal Land Council |
2016 Naidoc Week
· $2000.00 contribution towards various activities including: · Koori Dance Group · Face/Boomerang Painting · Jumping Castle · BBQ/Food · Venue Hire |
$2,000.00 Cash |
Tathra MTB Club |
2016 Tathra MTB Enduro
· $2000.00 towards timing equipment and track maintenance · $510.00 reimbursement of DA Fees Charged for 5 year DA to run the event
|
$2510.00 Cash |
Pambula Community Bike Show |
Inaugural Pambula Community Bike Show
· $5000.00 towards running costs of expo and/or outfitting a caravan for mobile coffee station (driver/rider reviver) · Entertainment · Signage/Marketing · Insurance · Trophies
|
$5000.00 cash |
Eden Whale Festival Inc |
2016 Eden Whale Festival
· $10000.00 towards general running costs for the festival · In Kind Support for: · Traffic Management · Traffic Signs · Traffic Equipment · Cleaning of Wharf Toilets |
$10000.00 Cash $500.00 In Kind |
In addition, an application has been received from Snowy Hydro Southcare seeking financial support for this service in the 2016/2017 financial year.
There is no precedence set or mentioned as to how much assistance should be provided.
For this reason, the General Manager requests that this application be considered and resolved by Council.
Applicant |
Request |
Amount |
Snowy Hydro Southcare |
Support for the service of our local aero-medical rescue helicopter |
Not Indicated |
Issues
Legal
The allocation of funds requested is able to be distributed in accordance with Section 356 of the Local Government Act 1993. The application for the construction of a road on land owned by a religious body does not clearly meet the intent of the Act.
Strategic
By providing support to individuals and organisations to achieve outcomes for the local community, Council is working towards achieving the objectives of its adopted Community Strategic Plan.
Policy
The administration and allocation of funds are provided in line with Council’s Policy 5.15 Requests for Assistance and Council’s Procedure 5.15.1 Applications for Financial Assistance – Section 356.
Financial
The Table below shows the balance of the budget item as of 29 June 2016:
Funding source – Governance and Executive – operating costs - donations |
Amount ($) |
|
Balance as at 16/3/16 |
$ |
44,714.65 |
Less General Manager Approvals 1/3/16 to 29/6/16 |
$ |
2,910.00 |
Less Community Partnership Fund Approvals from 3rd Quarter 2015/2016 |
$ |
24,381.00 |
Less Community Partnership Fund Approval from Council Meeting 18/5/16 |
$ |
3,469.00 |
Less General Manager Approvals from Council Meeting 18/5/16 |
$ |
2,070.00 |
Available Balance (not including current applications detailed in confidential attachment) |
$ |
11,884.65 |
The funds available are $11,884.65.
This amount will be reduced appropriately to reflect the resolution of Council for this agenda item.
Conclusion
Applications for Financial Assistance – Section 356 have been received for this quarter. It is appropriate Council continue to provide financial assistance to assist and support positive community outcomes.
It is to be noted an internal review of all grants and funding provided by Council has been conducted. A further report to Council will be provided regarding the outcomes of this review.
Attachments
1. Confidential Memorandum to Councillors - AFA Section 356 Fourth Quarter 15/16 (Councillor Only) (Confidential)
1. That Council accept the report 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 29 June 2016 |
Item 12.5 |
12.5. Classification of land recently acquired by Council
Council has recently completed the acquisition of land at Bega and Candelo. Final approval is being sought to classify each site as operational land.
Director Strategy and Business Services
Background
Council Resolved on 16 December 2015 to acquire Lot 7 DP 735877 and Lots 8 and 9 DP 1103241, 77 – 79 Auckland Street, Bega from Plumb Motors Pty Ltd for the purpose of developing a long term public carpark. It is recommended that it should be appropriately classified as Operational Land under the Local Government Act 1993 (the Act).
Council also approved the acquisition of Lot 1 DP 1216534 at Candelo on 16 March 2016 for the purpose of constructing a Sewage Treatment Plant and associated infrastructure for the township of Candelo. The acquisition of the site has recently been completed and as the site is being used for the purpose of providing sewage infrastructure, it is recommended it should also be appropriately classified as Operational Land under the Act.
Issues
Legal
Council’s solicitor has recently confirmed each of the acquisitions have now been finalised with the issue of Certificates of Title imminent.
Section 31 of the Act provides a property must be classified within three months of acquisition by Council resolution or it automatically defaults to Community land. Section 34 of the Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.
Consultation
The public notice advertisement regarding the proposed classification of Lot 7 DP 735877 and Lots 8 and 9 DP 1103241 at Bega for the purposes of constructing a new public carpark and of Lot 1 DP 1216534 at Candelo for the purpose of constructing a Sewage Treatment Plant appeared in the local papers on Friday 6 May 2016, with the submission period closing on Friday, 3 June 2016. No submissions were received objecting (or otherwise) to the proposal.
Conclusion
In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the Act, Council resolution is sought to classify the lands recently acquired at Bega and Candelo as Operational Land.
Attachments
Nil
1. That Council note a 28 days public notification process was completed regarding the proposal to classify each of the parcels of land acquired at Bega and Candelo, with no submissions received. 2. That Council resolve to classify Lot 7 DP 735877 and Lots 8 and 9 DP 1103241 at Bega and Lot 1 DP 1216534 at Candelo as Operational Land under Section 31 of the Local Government Act 1993. |
Council 29 June 2016 |
Item 12.6 |
12.6. Encroachment: Lake Street, Merimbula
Council approval is required to progress the rectification of a small encroachment onto a Public Recreation Reserve in Merimbula.
Director Strategy and Business Services
Background
As part of the review of Council’s Local Environmental Plan which commenced in 2011, a submission was received from Lupora Pty Ltd, the owner of Lot 2 DP 569005, known as 32 Lake Street, Merimbula. The submission requested Council’s consideration to the reclassification and rezoning of a small section of Council Reserve (Part Lot 182 DP 1100739) at the rear of their property to rectify an encroachment by a small cottage built over the boundary line.
As the Public Reserve had been classified as ‘Community Land – Bushland’ under the Local Government Act 1993, a reclassification of a section of the Reserve to ‘Operational Land’ was required to allow an eventual sale of the land which was the subject of the encroachment. It was also necessary to rezone the small section of Reserve from E2 Environmental Conservation to R2 Low Density Residential – the same zoning as the land owned by Lupora Pty Ltd, being Lot 2 DP 569005.
Council approved the rezoning and reclassification of the small section of Public Reserve, with formal gazettal of the amendment taking place on 23 October 2015.
Council is now in a position to progress the transfer of land to Lupora Pty Ltd to enable the encroachment issue to be rectified.
Issues
Legal
A formal Deed has been prepared by Council’s legal representatives (a copy of which is attached for the information of Councillors). The Deed sets out the process required to effect the land transfer and provides that all costs associated with finalising this matter are to be borne by Lupora Pty Ltd, including Council’s legal fees capped at $1,100. The Deed also confirms the agreed compensation payable for the portion of land.
Lupora Pty Ltd will arrange for a survey plan to be prepared and registered in order to acquire the parcel from Council by way of a transfer boundary adjustment.
Asset
Only a 5m² portion of the Public Reserve owned by Bega Valley Shire Council has been reclassified from ‘Community’ to ‘Operational’ and rezoned appropriately as mentioned earlier in this report. The remainder of the Public Reserve (approximately 1.64ha) has retained the ‘Community Land – Bushland’ classification.
Consultation
Both Lupora Pty Ltd and their appointed legal representative have been kept informed throughout the CLEP amendment process and have agreed to the terms of the draft Deed.
Financial and Resources
As the section of land to be purchased from Council is only 5m² in total and the likely value minimal, it was suggested by Council officers that rather than obtaining a full market valuation by an external consultant at a cost of between $1,000 - $2,000, the compensation amount payable could be determined by using the latest Valuer General’s figures released in December 2015. The valuation figures for the land owned by Lupora Pty Ltd (Lot 2 DP 569005) were used for this purpose as the value of the Public Reserve is reduced substantially due to its limited land uses.
The valuation figures provided a rate per square metre of $408.92. The compensation payable therefore for the 5m² is $2,045 (plus GST).
The purchaser will also be required to pay for all costs associated with this matter, including survey works, plan preparation and registration (including stamp duty and any mortgagee consent fees). The Deed also provides the purchaser will pay Council’s legal costs up to a maximum of $1,100 (including GST).
Council officer time has been required to prepare the amendment to reclassify and rezone the land and further officer resources will be required to finalise the transfer of land to rectify the encroachment.
Conclusion
Council resolution is sought to enter into the attached Deed with Lupora Pty Ltd, the registered proprietor of Lot 2 DP 569005, 32 Lake Street, Merimbula in order to progress the transfer of a small section of former Public Reserve at the rear of their property to rectify an encroachment on the terms agreed.
Attachments
1. Draft Deed
2. Sketch Plan of Encroachment
That Council authorise the General Manager and/or Mayor to execute the necessary documents to effect the transfer of a 5m² portion of former Public Reserve (being Part Lot 182 DP 1100739) at Merimbula to Lupora Pty Ltd, on the terms defined in the attached Deed. |
Council |
29 June 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Hughes.
13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 241
Council 29 June 2016 |
Item 13.1 |
13.1. Certificate of Investments made under Section 625 of the Local Government Act, 1993
This report details Council’s investments during the month of May 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 |
March 2015 |
April 2016 |
May 2016 |
General Fund |
$9,708 |
$7,708 |
$7,708 |
Water Fund |
$14,842 |
$14,842 |
$14,842 |
Sewer Fund |
$16,350 |
$16,350 |
$16,350 |
In addition, there is $6,462,000 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 |
-$292 |
$19,170 |
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
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 |
29 June 2016 |
Questions On Notice
29 June 2016
19.1 Heritage Register of Trees - Cr Seckold............................................................ 246
19.2 Eden Killer Whale Museum - Cr Fitzpatrick...................................................... 248
19.3 Code of Conduct update to Councillors re comments to media - Cr Mawhinney 250
Council 29 June 2016 |
Item 19.1 |
19.1. Heritage Register of Trees - Cr Seckold
Response to a question asked by Cr Seckold at the Council Meeting on 16 December 2015.
Director Planning and Environment
Response to Question – Cr Seckold 16 December 2015
At the Council Meeting of 16 December 2015 Cr Seckold asked:
“Could Council consider creating a Heritage Register of trees over 100 years old in the Bega Valley? She suggested that residents could be asked to nominate trees on their property or in their area. Council staff would be aware of indigenous trees and their significance particularly as markers for ancient walking tracks e.g. Bundian Way, but these trees are known locally by generation of families.”
A number of mainly metropolitan councils have significant tree registers, although staff are not aware of a register for trees greater than 100 years old. Determining the age of each and every mature tree in a local government area is problematic and so “significance criteria” (see below) is used rather than age. For example, hundreds of thousands of mature trees can be found across the Bega Valley Shire, in parks and reserves, along roadsides, on other Crown and agency lands, as well as on private lands.
The accepted methodology for determining significant trees is based on the criteria developed for the Register of the National Estate. This is a nationally consistent approach to heritage identification and assessment and can be applied to all types of heritage places and items, including trees.
A thorough physical examination of trees in relation to their natural occurrence or cultural history would need to be conducted and supported through field work and examination of reports, photographs, archival material, oral evidence, etc. Collected data would then need to be evaluated on the basis of each tree's (or group of trees) contextual relationship to other similar trees (or groups) and relative importance in terms of criteria such as:
· historic and/or natural value (i.e. indigenous/cultivated origin);
· botanic/scientific value;
· social, cultural and commemorative value; and
· visual and aesthetic value.
To complete this process the heritage values for each listed tree (or group of trees) would need to be developed into a Statement of Significance, involving interpretation and analyses of comparative points of importance. The heritage values of a significant tree or group of trees are almost always multi-layered.
The initial development of such a register could be based upon nominations from owners of private lands containing “prima facie” significant trees, however such nominations are likely to come from owners who already have no intention of harming such trees. The assessment of nominated trees, and the extent to which Council investigates significant trees in parks, road reserves and other Council owned lands, would consume significant (and currently unavailable) resources.
The tree protection measures in the Bega Valley LEP and DCP in the urban areas of the Shire are sound and generally functioning well. In addition, the upcoming repealing of the Native Vegetation Act 2003, the detailed content and operation of the new Biodiversity Act 2016 and the proposed new State Environmental Planning Policy (Protection of Trees in Urban Areas) suggests this issue would be best considered again when these legislative changes have been finalised and understood.
Attachments
Nil
Council 29 June 2016 |
Item 19.2 |
19.2. Eden Killer Whale Museum - Cr Fitzpatrick
Response to a question asked by Cr Fitzpatrick at the Council Meeting on 18 May 2016.
Director Planning and Environment
Response to Question – Cr Fitzpatrick 18 May 2016
At the Council Meeting of 18 May 2016 Cr Fitzpatrick asked:
“How Council could assist the Eden Whale Museum regarding the option for purchase of a block of land adjacent to the current museum site. The land is not currently zoned for the purposes required by the Museum. Cr Fitzpatrick understood from discussions the process for rezoning which may take some time.
“He asked how Bega Valley Shire Council could give assurance to the Eden Whale Museum Committee that if the land is purchased the appropriate zonings would be able to be implemented and what would be the timeframe on for these assurances to be given.”
A response has been provided to Councillors via memorandum advising:
The Board of the Eden Killer Whale Museum wrote to Council recently regarding the possible purchase of adjoining land as an option for the future expansion and extension of the museum.
The land under consideration is zoned R3 Medium Density Residential which prohibits an ‘Information and Education Facility’ under Bega Valley Local Environmental Plan 2013. The Board is therefore seeking Council’s support to allow such a use within the R3 zone.
The Board’s questions and my responses are outlined below:
· Is the modification of the LEP possible under current regulations?
Yes, the NSW environmental planning legislation will permit this change, although the process is quite onerous. Such a change is done via a “planning proposal”.
· If so - what is involved in the process and what would be the time frame?
The process starts with officers providing a report to Council and receiving the support via a Council resolution. But I have a number of sites and issues to deal with before yours (and some have been on our list for a long time). Following a positive resolution from Council, officers would prepare a “planning proposal” to the NSW Department of Planning. Then it is in their hands and subject to state-wide priorities, which of course we have no control over. My estimated time frame for your request is 8-12 months.
· Does Council require any further information from us that would assist or support the modification and process?
Nothing more is needed from you.
· If Council supports or recommends the modification, how confident would they be that it would receive assent from NSW Department of Planning & Environment?
I will be supporting your request and do not foresee any problems with Council or the Department. Unless something comes out of left field, the biggest issue is timing. If you do not intend to build for 12 months or more, I am confident (but can’t promise) that it will work out. In that period there is nothing stopping you from preparing design plans, talking them through with my Development Advisory Panel (highly recommended) and even lodging a Development Application. We just couldn’t issue Development Consent until the planning proposal is legally incorporated into our Bega Valley Local Environmental Plan.
I am hoping to have the matter reported to Council in July with a positive recommendation.
Attachments
Nil
Council 29 June 2016 |
Item 19.3 |
19.3. Code of Conduct update to Councillors re comments to media - Cr Mawhinney
Response to a Question Cr Mawhinney asked on 8 June 2016 about the Code of Conduct.
General Manager
Background
At its meeting on 8 June 2016:
“Cr Mawhinney asked could Councillors receive information regarding the Code of Conduct and making comments to the media without substance.”
The question was taken on notice by the General Manager.
The Council has a number of policies that relate to Councillor and staff conduct. Council’s Code of Conduct is the NSW Office of Local Government Model Code of Conduct (the Code). The Code sets the minimum requirements of conduct for Council officials carrying out their functions. There are no direct parts of the Code which relate to “making comments to the media without substance.” The Code at Part 7 relates to access to information and Council resources and use of certain council information and notes at part 7.8 (d) only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.
Council’s Policy 5.02 Behaviour of Councillors and Staff relates to ensuring Councillors and staff maintain an appropriate level of professional conduct, behaviour and ethical standards at all times. Council’s Policy 5.10 Communications relates to providing information to the media and facilitating accurate and timely information to the community.
Procedure 5.10.1 Media guidelines and procedures outlines the processes relating to speaking to the media, media releases, media procedures and other forms of media. It notes that Councillors are free to talk to the media at any time on issues of interest. It goes on to state “However they should always do so with the best interests of the organisation in mind and avoid making personal criticisms of other Councillors or Council staff. Councillors and Council staff should also make it clear where their views differ from those of the Council.”
There are no references in the Code of Conduct, the Policies or the Procedure relating to the material substance of the content of comments
Attachments
Nil
Council |
29 June 2016 |
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
RecommendationThat Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 22.1 Bega 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.
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