Agenda of Council - 29 June 2016

Council 29 June 2016

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
		Total		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

Recommendation

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.

Council 29 June 2016

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.

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.

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, Griegs Flat	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

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

Recommendation

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 9.1

9.1. Aquatic Facilities Review

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

Background

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.”

The aim of the Aquatic Facilities Review (the Review) is to develop a document which will provide direction on provision, value, costs, opportunities, risk management and the future asset renewal of public aquatic facilities in the Shire. It will become the key document for guiding the ongoing provision of public aquatic facilities in the Shire to best meet the needs of the community.

Issues

Legal

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.

Strategic

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.

Operational Plan

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.

Asset

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.

Social / Cultural

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

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.

Financial and Resources

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.

Conclusion

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.

Attachments

1 . Draft Bega Valley Aquatic Facilities Review (Councillor Only) (Confidential)

Recommendation

1. That Council note the report and attached draft Aquatic Facilities Review.

2. That Council place the draft Aquatic Facilities Review on public exhibition for a period of at least 28 days for comment, following discussions with pool contractors and Council’s aquatic officers.

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

Recommendation

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 12.3

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:

www.votensw.info

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

Recommendation

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 12.4

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)

Recommendation

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 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

Recommendation

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

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

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Item no & subject
Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
* Nature of interest
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Item no & subject
Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
* Nature of interest
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Funding source		Amount
Environment Levy	$	50,000

Council	29 June 2016
*Item 8.1 - Attachment 1*	Community Environment Grants 2016-17 Recommendations

Council	29 June 2016
*Item 8.2 - Attachment 1*	Bega - Tathra Deferred Sites Draft Planning Proposal

Council	29 June 2016
*Item 8.3 - Attachment 1*	Merimbula, Pambula & Eden Deferred Sites Draft Planning Proposal

Council	29 June 2016
*Item 11.2 - Attachment 1*	Bega Valley Sewerage Program - Council report 26 October 2004 - Merimbula reclaimed water management strategy

Council	29 June 2016
*Item 11.2 - Attachment 2*	Management Agreement - Moffitt

Council	29 June 2016
*Item 11.2 - Attachment 3*	Plan of acquisition of proposed easement for utilities

Category	Councillor/Member Annual Fee		Mayor/Chairperson Additional Fee
Category	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

Funding source		Amount
2015-16 operating Budget	$	205,510.00

Council	29 June 2016
*Item 12.2 - Attachment 1*	2016 Annual Determination Local Government Remuneration Tribunal

Council	29 June 2016
*Item 12.3 - Attachment 1*	Procedure 5.01.3 Local Government Elections - Caretaker Period

Council	29 June 2016
*Item 12.6 - Attachment 1*	Draft Deed

Signed
Print Name

Council	29 June 2016
*Item 12.6 - Attachment 2*	Sketch Plan of Encroachment

Council	29 June 2016
*Item 13.1 - Attachment 1*	Certificate of Investment

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

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

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

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

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

Statement of Re-Commencement of Live Streaming

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

29 June 2016

Staff Reports –Planning And Environment (Sustainability)

29 June 2016

Staff Reports – Community, Culture and Leisure (Liveability)

29 June 2016

9.1. Aquatic Facilities Review

Background

Issues

Legal

Strategic

Operational Plan

Asset

Social / Cultural

Consultation

Financial and Resources

Conclusion

Attachments

Recommendation

Council

29 June 2016

Staff Reports – Infrastructure Waste And Water(Accessibility)

29 June 2016

Council

29 June 2016

Staff Reports – Governance And Strategy (Leading Organisation)

29 June 2016

Staff Reports – Finance (Leading Organisation)

29 June 2016

Confidential Business

Adjournment Into Closed Session

Recommendation