Ordinary Meeting Minutes

Held on Wednesday 29 June 2016

At Council Chambers, Biamanga Room Bega Commemorative Civic Centre Commencing at 2.00 pm

 


 Present

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Sharon Tapscott

Cr Bill Taylor

 

 In Attendance

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Ms Janelle Curtis

 

Statement of Commencement of Live Streaming

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.

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

2:01 PM

Mayoral Introductory Notes

Opening of Tura Marrang Library and Community Centre

On Saturday the 25th June , I attended the official opening of our new centre with Minister Constance and Dr Alex Byrne head of NSW State library facilities.  Also attending were Councillors Seckold, Taylor and Tapscott; the General Manager, Ms Leanne Barnes; Director Community Relations and Leisure, Mr Anthony Basford; Library and Customer Services Co-ordinator, Ms Cassandra Margules along with Library staff.  Councillors unable to attend had viewed the facility prior to the opening.

1125 people (including 52 new members), families, customers and residents attended the open day and I can only say this is a first class facility for the people of Tura, Merimbula and/Pambula and surrounds beyond my expectations which  is a benchmark asset for the community for now and well into the future which also value adds to the major growth area of our Shire. The facility is versatile and flexible in its use as a library and community facility and is all inclusive for young and old with internet use , meeting rooms, disabled access and an outdoor area for relaxation . The Merimbula portal will remain open in Councils Learning centre 3 days a week between 9.30 am and 1.00 pm as a complementary facility

My congratulations to all involved for providing the community with a first class facility well worth waiting for.

Cr Taylor noted that the Member for Bega, Mr Constance, complimented Council on purchasing the property for the benefit of the community.

Shirley Hannan Art Award

The $50,000 Biennial Shirley Hannan National Portrait Award was awarded to Sally Robinson from Sydney for her portrait of Ella Rubeli (acrylic on canvas),  This portrait also won the mail room prize.  The peoples prize is awarded at the end of the exhibition.

Council had 240 entries from all states and territories. This represents a 40% increase in last year’s entries. All entries are on the Bega Valley Regional Gallery Website, and I encourage everyone to attend the gallery and view the entries.

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

108/16

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 8 June 2016 as circulated, be taken as read and confirmed.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

3.    Declarations

Pecuniary Interest

Cr Seckold declared a pecuniary interest regarding Planning and Environment Item 8.1 Community Environment Grants 2016-17 Recommended Projects ,on the basis that she is a member of the On-Track Committee and Tathra Landcare.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting she would departed the meeting room, taking no part in debate or voting on this item.

Cr Britten declared a pecuniary interest regarding Planning and Environment Item 8.3 Merimbula, Pambula and Eden Deferred Sites Planning Proposal on the basis that one of the sites relates to a property in which he is a part owner.  A signed declaration form was tabled by Cr Britten for inclusion in the Register noting that he would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

There were no Deputations.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes

 

7.

Adjournment into Standing Committees

109/16

RESOLVED on the motion of Crs Mawhinney and Tapscott

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

In favour:             Crs McBain, Hughes, Tapscott, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

Absent:                    Cr Seckold

2.04 pm         The Ordinary meeting adjourned and formed in the committee.

8.    Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Cr Taylor assumed the chair for this section of the agenda.

8.1

Community Environment Grants 2016-17 Recommended Projects

 

Pecuniary Interest

Cr Seckold declared a pecuniary interest regarding Planning and Environment Item 8.1 Community Environment Grants 2016-17 Recommended Projects ,on the basis that she is a member of the On-Track Committee and Tathra Landcare.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

02:05 pm       Cr Seckold left the meeting.

RESOLVED on the motion of Crs Britten and Mahwhinney

That Council adopts the recommendations outlined in Attachment A.

In favour:             Crs McBain, Hughes, Tapscott, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

Absent:                    Cr Seckold

 

 

Recommendation

1.         That Council award grants to the following groups and projects:

Group and Project

Amount

Bemboka Landcare Group Inc. - Steps to information sign and viewing deck

$3,310.00

Bemboka Landcare Group Inc. - Hand removal of invasive weed species and revegetation with suitable native species

$2,690.00

Bermagui Dune Care - Revegetation of Cuttagee Point

$990.00

Dry River Landcare Group Inc - Reclaim Our Riverbank Stage 3 - weed control on Dry River Reserve, Quaama - $2170.

 

Far South Coast Landcare Association - Sustainable Schools Landcare Education Program – SSLEP

$6,000.00

On Track - Old Bega Racecourse Management Committee - Bega River - Anabranch Wildlife Corridor

$5,971.00

Pambula Landcare - Conservation of significant environmental assets within Pambula Beach

$6,000.00

Pambula Wetlands and Heritage Project Inc. - Panboola's diverse birdlife

$5,500.00

Salty Lagoon Nature Reserve Action Group - Salty Lagoon Nature Reserve (Bermagui) Weed Eradication / Control Project Stage Two

$5,500.00

Springvale Landcare Group - Bega River revegetation and stabilisation project, stage 6

$6,000.00

Tathra Landcare - Tathra Foreshore Weed Control Program

$6,000.00

TOTAL

$47,961.00

2.         That Council advises each applicant of the outcome of their application and proceed to organise funding agreements with successful organisations.

In favour:             Crs McBain, Hughes, Tapscott, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

DECLARED
DID NOT VOTE:
       Cr Seckold

                      2:08 pm             Cr Seckold returned to the meeting.

8.2

Bega - Tathra Deferred Sites Planning Proposal

110/16

RESOLVED on the motion of Crs Britten and Tapscott

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 with minor changes to correct typographical errors 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.

In favour:             Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Cr Hughes

 

8.3

Merimbula, Pambula and Eden Deferred Sites Planning Proposal

 

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Planning and Environment Item 8.3 Merimbula, Pambula and Eden Deferred Sites Planning Proposal on the basis that one of the sites relates to a property in which he is a part owner.  A signed declaration form was tabled by Cr Britten for inclusion in the Register.

2:15 pm         Cr Britten left the meeting.

111/16

RESOLVED on the motion of Crs Tapscott and Seckold

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 with minor changes to correct typographical errors 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.

In favour:             Crs McBain, Tapscott, Seckold, Mawhinney, Taylor and Allen

Against:                  Crs Hughes and Fitzpatrick

DECLARED
DID NOT VOTE:
       Cr Britten

2:25 pm             Cr Britten returned to the meeting.

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

In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.

9.1

Aquatic Facilities Review

 

A Motion was moved by Crs Taylor and Seckold

112/16

RESOLVED on the motion of Crs Taylor and Seckold

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

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

There were no Economic Development and Business Growth Reports.

11.  Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Cr Fitzpatrick assumed the chair for this section of the agenda.

11.1

Bega Valley Local Traffic Committee - 1 June 2016

 

 

113/16

RESOLVED on the motion of Crs Taylor and Britten

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

11.2

Compulsory Acquisition of Easement for Utilities at Pambula

 

 

114/16

RESOLVED on the motion of Crs Britten and Tapscott

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

11.3

Naming of Unnamed Roads in Bega and Tathra

 

 

115/16

RESOLVED on the motion of Crs McBain and Seckold

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

11.4

RFT 23/16 Remediation Works to Palestine Creek Bridge, Government Road, Eden

 

RESOLVED on the motion of Crs McBain and Tapscott

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

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

116/16

RESOLVED on the motion of Crs McBain and Britten

1.         That Council accept the tender submission from BluCalf Civil Construction in relation to Remediation Works to Palestine Creek Bridge on Government Road, Eden as described in RFT23/16, in the amount of $127,584 (including GST), subject to variations, provisional sums and prime cost items.

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

3.         That other tenderers be advised of Council’s decision.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

12.  Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Mawhinney assumed the chair for this section of the agenda.

12.1

Adoption of 2016-17 Operation Plan, Budget,  Fees and Charges

 

A motion was moved Crs Britten and Taylor

That Item 3 Draft Fees and Charges 2016/17 be dealt with separately.

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 as outlined below.

4.      That the Draft Operating Budget 2016/17 be adopted.

Councillors spoke for and against the motion.

Cr Allen addressed the meeting regarding the Draft Operating Budget.

Cr Britten raised a point of order on the matters Cr Allen was discussing.

The Chair accepted the point of order.

The General Manager advised the budget had been prepared in line with Council’s Resourcing Strategy, Long Term Financial Plan and Asset Management Plans.

Cr Hughes asked Cr Allen to table his speaking notes.

The motion was put to the vote and it was CARRIED

117/16

RESOLVED on the motion of Crs Britten and Taylor

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.

4.      That the Draft Operating Budget 2016/17 be adopted.

In favour:             Crs McBain, Tapscott, Seckold, Britten, Mawhinney and Taylor

Against:                  Crs Hughes, Fitzpatrick and Allen

 

A motion was moved by Crs Britten and Tapscott

3.      That the Draft Fees and Charges 2016/17 be adopted.

Cr McBain requested an amendment that the Draft Fees and Charges 2016/17 be adopted with a separate report to Council on the impact of the implementation of Sportsground Fees.

The amended was accepted by the mover and seconder.

The motion was put to the vote and it was CARRIED

In favour:             Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor and Allen

Against:                  Cr Fitzpatrick

Abstained:             Cr Hughes

 

 

RESOLVED on the motion of Crs Britten and Tapscott

3.      That the Draft Fees and Charges 2016/17 be adopted with a separate report to Council on the impact of the implementation of Sportsground Fees.

 

Rates and Charges for the 2017 financial year

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 as outlined below, 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 lot 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 dwelling on a multi-dwelling lot 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.

 

12.2

Councillor and Mayoral Fees (Section 241 Local Government Act)

118/16

RESOLVED on the motion of Crs Seckold and Britten

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor and Allen

Against:                  Cr Fitzpatrick

 

12.3

Council elections, Councillor induction and professional development, and Council meeting dates to December 2016

119/16

RESOLVED on the motion of Crs McBain and Taylor

1.         That Council adopt the meeting dates and times for the period September to December 2016 and these dates be published to the website.

·       28 September, 2016

·       12 October, 2016

·       2 November, 2016

·       23 November, 2016

·       14 December 2016

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

12.4

Applications for Financial Assistance: Section 356
Fourth Quarter 2015/2016

120/16

RESOLVED on the motion of Crs Britten and McBain

1.            That Council accept the report and note the recommendations as outline in the Confidential attachment and support the following projects at the nominated level of support:

 

        Name

In Kind Assistance

Funding Amount

Eden Aboriginal Land Council

 

$1,000

Bega Local Aboriginal Land Council

 

$1,000

Tathra MTB Club

Refund of DA fees

 

$1,000

$  510

Pambula Community Bike Show

 

$1,000

Eden Whale Festival

$500

$5,000

Snowy Hydro Southcare

 

$1,000

SUB-TOTAL

$500

$10,510

TOTAL

 

$11,010

2.         That all successful applicants be advised accordingly.

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

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

12.5

Classification of land recently acquired by Council

121/16

RESOLVED on the motion of Crs Tapscott and Seckold

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

12.6

Encroachment: Lake Street, Merimbula

122/16

RESOLVED on the motion of Crs McBain and Taylor

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

13.  Staff Reports – Finance (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Hughes assumed the chair for this section of the agenda

13.1

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

123/16

RESOLVED on the motion of Crs Allen and Seckold

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.

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

3:28 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

124/16

RESOLVED on the motion of Crs Taylor and Mawhinney

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

Noting the adoption of  the Rates and Charges for the 2017 financial year as per the Draft Operational Plan as outlined below

In favour:             Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

Rates and Charges for the 2017 financial year

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 as outlined below, 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 lot 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 dwelling on a multi-dwelling lot 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.

15.      Delegates Reports

15.1       Cr Mawhinney – Merimbula Flood Study – Stage 3 Project Meeting

Cr Mawhinney advised she attended the meeting on the Merimbula Flood Study.  The Flood Study Report – Merimbula Lake and Back Lake Flood Study, prepared by Cardno, will be reported to Council.

16.      Rescission/alteration Motions

                   There were no rescission motions.

17.      Notices of Motion

                   There were no notices of Motion.

18.      Urgent Business

                   There was no urgent business.

19.      Questions On Notice - responses

19.1

Heritage Register of Trees - Cr Seckold

 

The response to the question that formed part of the Agenda for the meeting of 29 June, 2016 was noted.

 

19.2

Eden Killer Whale Museum - Cr Fitzpatrick

 

The response to the question that formed part of the Agenda for the meeting of 29 June, 2016 was noted.

 

19.3

Code of Conduct update to Councillors re comments to media - Cr Mawhinney

 

The response to the question that formed part of the Agenda for the meeting of 29 June, 2016 was noted.

 

20.  Questions for the Next Meeting

20.1

Changes to Property Addresses within Bega Valley Shire

 

Cr Sharon Tapscott asked could Council receive a report outlining its role and process in regard to recent advice to property owners regarding requirements to change the street numbering for their properties.

Cr Tapscott noted that the Land Property Information Service (LPI) have written to some property owners advising the address changes are not their jurisdiction, and that the matter rests with Council.

The Director Strategy and Business Service took the question on notice.  He advised Council that the LPI had identified addressing discrepancies and provided the information to Council.  The LPI requested that action be taken, particularly in regard to having addresses clarified for the purpose of emergency response to properties by the Ambulance Service or Police in emergency situations).

Mr Scarpin noted that Bega Valley Shire Council had not instigated the readdressing and that the LPI had identified the properties which required change as part of an audit conducted within our Shire

21   Items of Interest Relating to Council Business

Cr McBain – updated Councillors on the Bega Valley Economic Summit

An initiative of Bega Valley Shire Council, the Summit will focus on a number of emerging opportunities that have the potential to contribute significantly to future economic growth in the region.

To be held over July 28 and 29 at Bega, the region’s key economic and leadership centre.

There is momentum in the Bega Valley at the moment around significant Federal and State Government investment, including:

 

The Port of Eden development

The NSW State Government has just announced $29 million, which will allow the wharf at Snug Cove to be extended, allowing cruise ships to pull up alongside rather than rely on tenders.

This builds on a cruise ship industry supported by Council through Sapphire Coast Tourism and really driven at a grass roots level on Eden.

A total of $44 million has been invested by all three tires of government, fully funding the project.

Merimbula Regional Airport expansion

$4.4 million of State funding will allow Council to extend the runway north, accommodating bigger aircraft.

$1.2 million from the Federal Government will improved passenger and baggage security and freight handling.

Around $1 million has already been spent on fire support infrastructure.

New South East Regional Hospital

The $187 million purpose built facility was jointly funded by the Federal and State Governments. It opened in March this year on a greenfield site in old diary country about 1km south of the Bega CBD.

Princes Highway upgrades

Significant road works to the north of the Bega Valley, at places like Shellharbour, Kiama, Gerringong, Berry and South Nowra are reducing the bottle-necks and hold ups on a drive south.

The NSW State Government has also committed to a second crossing of the Clyde River Bridge at Batemans Bay, with $1.6 million allocated in the 2016 Budget to continue planning works.

Significantly $15 million was also allocated in the last NSW Budget to start construction and realignment of the Highway at Dignams Creek, a notorious stretch of road.

Further works are also on going at a number of different locations through the Eurobodalla and Bega Valley.

International flights into Canberra Airport

Starting in September this year, Singapore Airlines will operate four services a week between Singapore, Canberra and Wellington (NZ).

This will be the first international service to operate out of Canberra Airport, just 3 hours to the west of the Bega Valley.

Local food producers and tourist operators have already started exploring the opportunities.

Other items for consideration include:

·                The rollout of the National Broadband Network continues, side by side with strengthened mobile phone coverage.

·                Bega Valley Shire Council is keen to help local business people, entrepreneurs, producers and innovators leverage their own interests off those opportunities, to build their own future and in turn the regions.

·                This has always been a great place to live, the natural environment is what brought and keeps people here, but a diverse range of job and business opportunities has been the challenge.

·                If we could increase the number of employment and economic opportunities in the region, then the Bega Valley would become an option for more families and business.

·                The region has always created its own success and future – in 1899 (117 years ago) local dairy farmers with a vision for their community created what is now the best known dairy brand in Australia, Bega Cheese.

·                The great opportunities coming from this new infrastructure are around tourism, food exports, primary production and service industries that cater for a growing population.

·                The two-day summit is a great opportunity to prepare and plan for the growth to come.

·                Some impressive guest speakers will be in Bega to share their experience and insights, including:

·         Chris Jordan AO, Commissioner of the Australian Tax Office

·         Glenn Keys, Chair of the Canberra Business Chamber and founder of Aspen Medical Services

·         Margy Osmond, CEO of the Tourism and Transport Forum

·         Julian Webb, Consultant to the World Bank

·         Monique Donaldson, Senior Trade Advisor Export Growth China and International Trade, NSW Business Chamber

·         Aidan Coleman, Chief Executive Office of Bega Cheese

·         The Hon Andrew Constance MP, Member for Bega and NSW Minister for Transport and Infrastructure.

·         Dr Bill Dunbar, Chief Executive Officer, Principal and Partner at SGS Economics and Planning. An infrastructure and property expert.

·         Claire Madden, Founder and Director of Hello Clarity, communications and engagement agency.

With further guests speakers anticipated.

These industry experts are coming to share their views and guidance on how our region’s economy and community can be its best and make the most of the opportunities ahead.

Cr McBain encouraged Councillors to invite others to attend.

Cr Seckold noted the following events which she had attended:

A meeting chaired by Clean Energy for Eternity President, Dr Mathew Knott on 22 June, 2016 at Tathra School, where the guest speaker was Dr Will Steffen, Emeritus Professor, Fenner School of Enviornment and Society ANU College Medicine, Biology and Environment

22.  Confidential Business

 

Adjournment Into Closed Session

125/16

RESOLVED on the motion of Crs Taylor and Mawhinney

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

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.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

In favour:             Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Cr Hughes

03:42 pm       Cr Hughes left the meeting.

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

The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.

3:57 pm         The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would  recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

23.  Adoption of reports from Closed Session

23.1

Item 22.1 - Closed Session Report Bega Lands

126/16

RESOLVED on the motion of Crs Mawhinney and Tapscott

That Council note the resolution of the Closed Session.

In favour:             Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

Absent:                    Cr Hughes

 

24.  Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports.

Closure

There being no further business, the Chairperson closed the meeting at 3:58  pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 29 June 2016.