Agenda of Council - 26 April 2017

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

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

· Would it withstand public scrutiny?

Conflict of interest

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

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	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

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

26 April 2017

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

Recommendation

That the Minutes of the Ordinary Meeting held on 5 April 2017 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be prior to discussion on each item.

4 Deputations (by prior arrangement)

4.1 Proposed disposal of land at Taronga Crescent, Bega................................................................ 9

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

Recommendation

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

9 Staff Reports – Planning and Environment (Sustainability)

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

9.1 Finalisation of Amendments to Local Environment Plan 2013 - Minor Amendments Planning Proposal 11

9.2 Cities Power Partnership - Climate Council................................................................................ 17

9.3 Confirmation of Land Use Zonings - Millingandi........................................................................ 21

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

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

10.1 Twyford Hall Incorporated request............................................................................................. 24

10.2 Community hall committee nominations.................................................................................... 28

10.3 Revised Coastal Accessibility Plan................................................................................................ 30

10.4 Community project proposals...................................................................................................... 77

10.5 Tertiary Scholarships...................................................................................................................... 83

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

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

11.1 Tourism Industry Liaison Group - Terms of Reference............................................................ 88

11.2 Proposed disposal of land at Taronga Crescent, Bega.............................................................. 91

12 Staff Reports – Infrastructure Waste and Water (Accessibility)

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

12.1 Bega Valley Local Traffic Committee......................................................................................... 112

12.2 Underground Power Lines for Merimbula CBD...................................................................... 114

12.3 Road Naming: Baddeley Close, Pambula.................................................................................. 122

12.4 Rectification of road reserve and property boundaries on Upper Cobargo Road, Brogo 138

12.5 Engagement of NSW Public Works Advisory for Project and Design Management of Merimbula STP upgrade EIS and Concept Design........................................................................................................... 152

13 Staff Reports – Governance and Strategy (Leading Organisation)

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

13.1 2016 Local Government Election.............................................................................................. 156

13.2 Related Party Disclosures Policy................................................................................................ 304

13.3 Major projects quarterly updates - to April 2017.................................................................. 310

13.4 Actions from resolutions of Council - Status Report.............................................................. 313

13.5 Enterprise Risk Quarterly Report (January to March)............................................................ 336

13.6 Closed Circuit Television (CCTV) Policy..................................................................................... 344

13.7 Bega Valley Community Service Medallion Award 2017....................................................... 376

14 Staff Reports – Finance (Leading Organisation)

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

14.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 379

14.2 Candelo Showground Trust request for waiver of water account....................................... 383

15 Adoption of Reports from Standing Committees

Recommendation

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

16 Delegates Reports

17 Rescission/alteration Motions

18 Notices of Motion

18.1 Jack Martin Reserve Pambula.................................................................................................... 393

19 Questions On Notice

19.1 Management of RE1 Zone Open Space Areas - Cr Tapscott................................................. 395

20 Questions for the Next Meeting

21 Confidential Business

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

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council 26 April 2017

Item 9.1

9.1. Finalisation of Amendments to Local Environment Plan 2013 - Minor Amendments Planning Proposal

This report details the results of the Public Exhibition of the Planning Proposal seeking to address mapping errors, amendments to the Heritage Schedule and land use table additions.

Director Planning and Environment

Background

Council officers have been preparing a series of Planning Proposals to finalise sites identified as ‘Deferred matters’ under Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

Following ongoing discussions with the Department of Planning and Environment, and further investigation by Council officers, a draft Planning Proposal was prepared for various sites subject to this report.

On 29 June 2016, Council considered a report on the draft Planning Proposal and resolved as follows:

“1. That Council resolves to adopt the land use zone mapping amendments as listed in Table 1 of this report.

2. That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Table 2 of this report.

3. That Council resolves to permit with consent ‘information and educational facilities’ in the Low Density Residential Zone (R2 Zone) and Medium Density Residential Zone (R3 Zone).

4. That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5. That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6. That items 1-5 above form the basis of a ‘Minor Amendments Planning Proposal’ to be prepared by staff and forwarded to the Department of Planning and Environment for Gateway Panel determination.

On 27 January 2017, the Department of Planning and Environment made a Gateway Determination to allow the proposal to be publicly exhibited for a period of 28 days.

The items subject to the planning proposal are shown in the tables and descriptions following:

Part 1: Land Use Zoning Map Amendments

	*Location*	*Property*	*Landuse*	*Current zoning*	*Amended zoning*	*Min. Lot Size*
1.	Brown Mtn	Lot 1 DP 746820	Power Station	National Park E1 (part only)	Environmental Management E3	120 Ha
2.	Candelo	Lot 1 DP 811091, Lot 323 DP 44296 – Shire Owned Property	Candelo Swimming Pool	Rural RU1	Public Recreation RE1	N/A
3.	Cobargo	Lot 22 Sec 7 DP 485	Dwelling	Public Recreation RE1	Village RU5	1000m2
4.	Eden	Part Lot 12 DP 829854	Dwelling	Public Recreation RE1	Low Density Residential R2	550m2
5.	Eden	Lot 78 DP 809238, Lot 30 DP 703279	Bushland Public Reserve	Low Density Residential R2	Environmental Conservation E2	N/A
6.	Merimbula	Lot 51 DP 883129	Bushland Public Reserve	Low Density Residential R2	Environmental Conservation E2	N/A
7.	Mogareeka	Lot 13 DP 710669	Dwelling	Public Recreation RE1	Environmental Living E4	2000m2
8.	Quaama	Lots 1 – 3 Sec 8 DP 758860 – Crown Reserve Managed by BVSC	Quaama Park	Village RU5	Public Recreation RE1	N/A
9.	Tathra	Lot 7 DP 263659	Dwelling	Public Recreation RE1	R2 Low Density Residential	550m2
*10.*	Towamba	Lot 8 DP 107143, Lot 1 DP 88578 - Shire Owned Property	Towamba Rec. Reserve / Hall	Village RU5	Public Recreation RE1	N/A
*11.*	Wyndham	Lot 10 DP 607581	Dwelling	Public Recreation RE1	RU5 Village	2000m2
*12.*	Wyndham	Lot 1 DP 1172468 Crown Land	Tennis Courts	Village RU5	Public Recreation RE1	N/A

Part 2: Heritage Mapping and Schedule Amendments

	Heritage Item	Issue	Mapping Amendment	Schedule 5
13.	East Street, Bega Old Bega Racecourse Grandstand Lot 3200 DP 1036584	Should have been transferred from BVLEP 2002 LEP but was left off Schedule 5.	Add to map HER_011B HER_011D	List on Schedule
14.	Eden Aslings Beach Rock Pool (formerly Eden Memorial Swimming Pool)	Nominated for listing on motion of Council	Add to map HER_021A	List on Schedule
15.	Eden Thompsons Point Baths, Snug Cove	Nominated for listing on motion of Council	Add to map HER_021A	List on Schedule
16.	Eden Hotel Australasia 142-144 Imlay Street	Nominated for listing on motion of Council 26.3.2014	Add to map HER_021A	List on Schedule
17.	Eden Hopetoun House A//163156 3-5 Bass Street	Lot D//164277 contains the heritage item, but was left off the heritage map and Schedule 5. Retain the heritage listing of the vacant lot to the immediate west of the house, A//163156, as it provides important open space curtilage to the main dwelling and is in the same ownership.	Add Lot D//164277 to map HER_021A. Item is significant it is a fine example of an 1900’s Federation home and it has an association with the first Governor–General of Australia.	List on Schedule
18.	Eden 243 Imlay Street Lot 1 DP 731580	Should have been transferred from BVLEP 2002 LEP but was left off Schedule 5.	Add to map HER_021A	List on Schedule
19.	Eden Killer Whale Museum	Both lots missing from Heritage map. One of 2 lots missing from Schedule 5.	Add Lot 1 DP 48609 & Lot 1 Sec 6 DP 758379 to Map HER_021A.	Add Lot 1 DP 48609 to Schedule
20.	Boydtown, Old Church and Salting Works, north of Boydtown Park Road	Two heritage items not mapped. Part of Lot 13 DP 716162 contains the ruined church and salting works area which are part of the listing I031 on Schedule 5.	Amend map HER_021 to include northern part of Lot 13 DP 716162 (DP corrected from Council Report) - north of Boydtown Park Road only.	N/A – Already listed.
21.	Kameruka Cemetery	Lot 140 DP 1064610 is not on the map or on the Schedule.	Add to map HER_011	List on Schedule
22.	Bemboka Kameruka Street Lot 10 Sec 11 DP 758087	Incorrectly mapped as Heritage but this lot has no buildings or other heritage significance.	Remove from map HER_003	N/A
23.	Bemboka 71 – 73 Loftus Street Hobbs Cottage and Store	Lot 14 DP 805581 containing the Hobbs Cottage and Hobbs Store is not on the Heritage map.	Add to map HER_003	N/A – Already listed.

Part 3: Land Use Table Amendments

The following changes are recommended to the land use tables of the BVLEP:

a) Add ‘information and educational facilities’ to Medium Density Residential Zone (R3 zone)

b) Add ‘restaurants and cafes’ in Neighbourhood Centres (B1 zone)

Part 4: BVLEP Clause Amendment

The following change is recommended to Clause 5.4(6) of the BVLEP:

· Allowing a larger floor space for kiosks by amending Clause 5.4(6) to replace 20m² with 50m²

Consultation

The Planning Proposal was exhibited for a period of 28 days by notifying the affected property owners. Notices were also placed in all local newspapers across the Bega Valley Shire.

No consultation with public authorities was required as per the Gateway Determination under Section 56(2)(d) of the Act.

Twelve (12) submissions were received by Council during the exhibition period, 11 related specifically to Schedule 5 and heritage items in Eden.

The submissions are summarised in the table below.

Concern

Staff Response

1. The additions to Schedule 5 Heritage Items are supported, however the establishment of a Heritage Conservation Area for Eden should be considered.

11 Submissions supported all proposed listing of additional heritage items in the Eden areas and also requested consideration be given to the establishment of a heritage conservation area over the southern section of Imlay Street.

Council’s Director of Planning and Environment and Planning Services Manager have recently met with representatives of the Eden Chamber of Commerce regarding the proposed heritage precinct. The group was advised that as the heritage precinct was not addressed in the Planning Proposal the matter would be subject to a separate assessment process and future Council report. To include the proposed heritage precinct as part of this Planning Proposal would require referring of the Planning Proposal back to the Gateway Panel and effectively starting the process all over again.

2. Restricting public access to Ross’ Bay by rezoning from RE1 to R2 of Lot 12 DP 829854, 1 Weecoon Street Eden

Part Lot 12 was incorrectly zoned RE1 Public Recreation at gazettal of BVLEP 2013 (See figure below).

Lot 12 contains an existing private dwelling and surrounding garden. The most northern portion of the lot extends to the high water mark of Ross Bay. The private gardens surrounding the dwelling are separated from the beach by a vegetation buffer to enable the public continued access to shoreline without entering private property.

The submission was concerned this rezoning in some way impacted the community’s access to the foreshore of Ross Bay. This proposed rezoning only applies to private property.

Public access to the coastline is a high priority and all opportunities to improve access to the coast are a key consideration for officers in all development and or rezoning proposals. This zoning amendment does not provide that opportunity.

Conclusion

Following the exhibition period and consideration of the public submissions, it is recommended the various sites in this report be rezoned and minimum lot sizes applied as exhibited.

Further that the Land Use Tables within BVLEP 2013 be amended, as exhibited, to permit with consent ‘information and educational facilities’ in the R2 Low Density Residential Zone and R3 Medium Density Residential Zone and to permit with consent ‘restaurants and cafes’ in B1 Neighbourhood Centres Zone.

Council officers also recommend Clause 5.4(6) of the BVLEP be amended, as exhibited, by replacing 20m² with 50m².

Attachments

Nil

Recommendation

1. That Council resolves to adopt the land use zone mapping amendments as listed in Part 1 of this report.

2. That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Part 2 of this report.

3. That Council resolves to permit with consent ‘information and educational facilities’ in the Low Density Residential Zone (R2 Zone) and Medium Density Residential Zone (R3 Zone).

4. That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5. That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² as listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6. That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 26) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

Council 26 April 2017

Item 9.2

9.2. Cities Power Partnership - Climate Council

Bega Valley Shire Council is widely considered to be a leader in terms of local projects addressing climate change. To this end the Climate Council has invited us to participate in the ‘Cities Power Partnership.’ Council’s acceptance of the invitation to join is recommended.

Director Planning and Environment

Background

The Climate Council is a national independent, non-profit organisation with a mission to provide authoritative, expert advice to the Australian public on climate change. Bega Valley Shire Council has been identified by the Climate Council as a leader in terms of innovative emission reduction and community based climate change projects. The Climate Council recently approached Council, along with other leading local government Councils from around Australia, to be an early adopter of the ‘Cities Power Partnership’ (CPP).

The Partnership seeks to celebrate and accelerate the emission reduction and clean energy successes of Australian towns and cities. For example through projects like the Tathra Community Solar Farm, which helped show the way forward in terms of clean energy generation for regional communities, has the opportunity to be promoted more broadly across Australia.

To be part of the CPP Council is required to:

· Formally sign up to be a Power Partner.

· Over a period of six months, select five key actions from the partnership pledge ranging across categories of renewable energy, efficiency, transport and advocacy.

· Liaise with the Climate Council and work to implement their actions. Pledges are submitted by each partner to be profiled online.

· Report on progress against key actions in a six monthly survey.

· Be profiled on the CPP website, social media and in print and online media.

· Attend the 2018 CPP summit.

The CPP membership is free (no cost to Council) with the key benefits of:

Power Partner

· Knowledge: Partners (Council) gets exclusive access to the extensive online knowledge hub.

· Connect: Each Partner is buddied with two other local government authorities to knowledge share throughout the year.

· Profile: Power Partners are profiled in national and local media, online and to 200,000 members and supporters.

Power Up

· Knowledge: Partners will have ongoing access to the knowledge hub, webinars with domestic and international experts as well as communications and advocacy training where required.

· Connect: Power Partners can be connected with their local community energy group and relevant local organisations that can be contracted to help Council begin or improve implementation of emission reduction actions. Councils (such as BVSC) who are already leading will play an important knowledge sharing role with other partners and will be profiled in the media to inspire others.

· Incentives: Partners who join the CPP early will have access to exclusive grants and renewable energy incentives.

· Profile: Power Partners and their local success stories will continue to be profiled in the media. Climate Councillors will travel to a range of communities across Australia to engage in community events and talk to councils.

Power On

· Knowledge: Partners access local and international knowledge and inspiration at the 2018 Power Partners Summit.

· Connect: Partners will be brought together to celebrate the high achieving towns and cities at the Power Partners Summit.

· Profile: Success stories will continually be celebrated in the media, Climate Councillors continue to travel to a range of Australian communities, more towns and cities become Power Partners and lead the switch to non-polluting energy across the country.

Issues

Legal /Policy

There are no legal issues associated with participating in the Cities Power Partnership. Bega Valley Shire Council has a strong policy position and history of acknowledging and addressing climate change through positive actions and projects.

Strategic

Participation in the CPP aligns with Council’s Draft Community Strategic Plan (CSP) 2040. Specifically it aligns with:

GOAL 6: We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.

It also assists in delivering on the following Draft CSP 2040 Strategies:

· Support initiatives and policies which address the causes and impacts of climate change through the promotion of climate adaptation, renewable energy sources, local food production and sustainable buildings and businesses.

· Collaborate with partners and our community to support community based sustainability initiatives.

· Improve environmental outcomes of Council operations and enhance our capacity to manage environmental impacts more effectively.

Environmental / Sustainability

Participation in the project supports Council’s long term environmental and sustainability goals with a number of these articulated in our adopted Climate Change Strategy 2014 across the four key components of:

1. Leadership and Working with the Community

2. Mitigation and Transition

3. Risk and Adaptation

4. Opportunity

The CPP requires Council to pledge to deliver at least five climate change related projects over the next year. These projects fall into the following categories:

· Renewable Energy

· Energy Efficiency

· Transport

· Working Together and Influence

Upon reviewing these categories Council has either completed projects in these categories, which are considered eligible, or can identify additional projects. There are a number of potential projects identified by officers that will be able to be feasibly implemented, thus delivering on the requirements of the CPP.

Community Engagement and/or Communications

The CPP seeks to promote Council and its climate change partnerships and projects across Australia. Promoting the work completed to date and linking with this national project will help support Council’s community engagement and feed into our ongoing communications program. The CPP provides a unique national platform to attract interest and engagement with Council and the Shire.

Financial and resource considerations

There are no joining or ongoing costs to participate in the CPP. Council’s Energy and Resource Efficiency fund continues to help deliver financial savings through operational energy cost reductions. Any projects identified by the CPP would be funded through this existing source.

Council officers are currently undertaking a review of opportunities for energy reduction, renewable energy and other approaches to emission reductions. Under the Clean Energy Strategies for Business Program, the NSW Department of Industry and Office of Environment & Heritage are funding a strategic assessment which will help determine the next wave of Council investment in these areas. This assessment will provide an up to date roadmap of opportunities and directions for Council to implement and will complement the CPP.

The CPP may assist Council in building strategic partnerships which help attract funding and investment to the Shire. For example, the Climate Council have advised that the first 15-20 Councils to join the CPP may have access to an exclusive grants program.

A launch of the Partnership will occur in the coming months and is currently scheduled for July. The Climate Council has indicated that it is able to contribute to travel costs for the Mayor to attend the launch.

Conclusion

The CPP provides Council with an innovative way to promote its extensive efforts in addressing climate change. As a recognised leader, especially in community partnerships, Council has the opportunity to share this knowledge with other local government organisations and communities around Australia. Additionally, the CPP provides networking and partnership opportunities that will assist Council in its efforts to address climate change and attract investment to the Shire.

Attachments

Nil

Recommendation

Council joins the Cities Power Partnership and approves the Mayor, or delegate, to represent Council at appropriate events related to the partnership.

Council 26 April 2017

Item 9.3

9.3. Confirmation of Land Use Zonings - Millingandi

This report seeks to confirm the proposed zonings for Lot 721 DP 826975, Millingandi as part of finalisation of outstanding deferred matters from the Bega Valley Local Environment Plan 2013.

Director Planning and Environment

Background

At its meeting of 20 July 2016 Council considered a report “8.2 Strategic Direction for nine Deferred Sites in Bega Valley Local Environment Plan 2013”, which recommended appropriate land use zones and minimum lot sizes to nine sites across the Shire, that are deferred from the Bega Valley Local Environmental Plan 2013.

Following Council’s adoption of the report, the Planning Proposal covering 3 of the deferred sites (Boydtown, Mandeni and Millingandi) was forwarded to the Department of Planning’s Gateway for approval to proceed to Public Exhibition. During this process the Department advised Council of a minor omission with regard the Millingandi site in Council’s resolution.

With regard to the Millingandi site Council resolved;

1 e) Site 5 - Princes Highway, Millingandi

That the land be zoned E3 with a 7ha minimum lot size.

2. That staff be authorised to forward Planning Proposals to the Department of Planning fo*r Gateway determination for Sites 1 - 6 as per the zoning and lot sizes resolved above.

3. That following Gateway determination the Planning Proposals be placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of the subject land into Bega Valley Local Environmental Plan 2013.

The Planning Proposal intended to zone the majority of the lot E3, with a standard E2 buffer being applied to the Millingandi Creek, floodplain, Merimbula estuary foreshore and wetlands consistent with Council’s Policy for E2 zones (see Figure 1). Whilst the E2 zone was identified on the map attached to the draft Planning Proposal, the E2 zone was not mentioned in the report discussion or the subsequent resolution. The addition of the “E2 zone” to a resolution for this site does not impact on the proposed lot size or lot yield for this site.

In order to clarify this matter, prior to Public Exhibition, the Department of Planning has requested Council confirm the zoning for the Millingandi by way of resolution.

It is important to progress this matter which will also allow the other sites (Boydtown and Mandeni) covered by this Planning Proposal to proceed to Public Exhibition and ultimately to finalisation of their status in the Bega Valley Local Environmental Plan 2013.

Figure 1 – Millingandi deferred site proposed zoning

Conclusion

The NSW Department of Planning and Environment has sought confirmation of Council’s position with regard the zoning for the Millingandi deferred site. This minor amendment will allow for the public exhibition and finalisation of this site and two other sites.

Attachments

Nil

Recommendation

1. That Council advise the Department of Planning and Environment that it confirms the following zonings be applied to the Millingandi site as follows:

a) Lot 721 DP 826975, Millingandi; apply E3 and E2 zones.

Council 26 April 2017

Item 10.1

10.1. Twyford Hall Incorporated request

Twyford Hall Incorporated has written to Council seeking formal confirmation it will provide letters of support for future funding applications for the Theatre Twyford project.

Director Community, Relations and Leisure

Background

The following is an extract taken from Twyford Hall Plan of Management adopted by Council in 2010.

“Twyford Hall was built in 1931 on land donated by Joseph W. Twyford, who laid the foundation stone. His second wife, Sarah, was the widow of Syms Covington Junior whose father, Syms Covington, sailed with Charles Darwin on the Beagle and had settled at Pambula.

On her death in 1938, Sarah Twyford bequeathed the residue of her estate to the Trustees of Twyford Hall to be put towards the erection of a Front Porch and Supper Room (the southern skillion).In 1939, these extensions were completed and they included two small cloakrooms on each side of the porch.

The adjoining block of land was purchased in 1946, most probably with the intention of building another wing, similar to the Supper Room. However it was not until 1963 that the Memorial Wing and toilet block were built with the support of the SS&A League, a body similar to the RSL. In 1970, the kitchen was remodelled and in 1991 extensions were made for storage, dressing room and the stage.

Internal modifications to the front porch were undertaken in 1993, the kitchen was further remodelled in 1994 and the same year extensions to the stage built. Landscaping around the Hall was carried out in 1995.”

Twyford Hall Incorporated acknowledges in their Theatre Twyford Business Case that “The title to the land is vested in the Bega Valley Shire Council as Trustees for Twyford Hall.” Meaning Council holds the land on behalf of the community.

Issues

Legal /Policy

Council currently have a Deed with Twyford Hall Incorporated to manage the Twyford Hall Complex on behalf of the community.

The Twyford Hall Committee was previously a Section 355 Committee of Council, but decided at the time when Community Halls were reviewed in 2010, to incorporate rather than become a committee of Council. Since that time Twyford Hall Incorporated has been managing the Twyford Hall Complex.

Strategic

The site is Council managed community land and is covered by a Plan of Management. The Plan of Management was adopted by Council on 2010. The creation of a raked theatre (the Theatre Twyford project) is listed in the current Plan of Management under section 4. "Permitted use and development of the complex” and is noted as a proposed development.

Development Consent for the Theatre Twyford Project was granted in 2007 for development in multiple stages.

Operational / Asset Management Plan

Twyford Hall is listed as an asset of Council and included in Council’s Building Asset Management Plan. Any improvement to the site would need to be reflected in Council's building asset inventory and ultimately becomes the responsibility of Council on behalf of the community to maintain (or oversee maintenance) in the long term.

Management of community facilities are identified in the Operational Plan and Budget 2016-2017 under the strategic action. A2.3.1: Consolidate partnerships with community groups in managing and maintaining some community assets such as halls and sporting grounds.

Social / Cultural

The development of raked theatre facilities has a benefit for the community, creating a vibrant precinct that offers something different to other facilities in Merimbula.

Community Engagement and/or Communications

The current Deed with Twyford Hall Incorporated was done through lengthy consultation and multiple meetings with Twyford Hall Incorporated.

The current Plan of Management is a public document and during its development included community consultation.

The Theatre Twyford Project has been promoted and advocated for by the Twyford Hall Committee for some time. There was a public ‘imagine’ evening held recently to promote and explain the project further to the community

Financial and resource considerations

Twyford Hall Incorporated is not seeking any direct financial support from Council for this project, in fact they have explicitly indicated the funding will be sought from sources other than Council.

Council will however have a financial interest in the project. Firstly if the project were to proceed the quantum of the project would require officer oversight and involvement in the project. This would require additional officer hours or a re-periodisation of existing workloads. As a Council asset it could not be left solely in the hands of Twyford Hall Incorporated. Secondly there are the whole of life costs associated with the building development whereby there is an ongoing liability in the form of renewal (or major maintenance) as the facility reaches the end of its useful life. What become very clear from Council’s experience in renewing and upgrading the Bega Memorial Hall to the Bega Commemorative Civic Centre is the additional costs associated with the ongoing running of the facility (such as regular servicing regimes of lifts, emergency equipment, air conditioning units, sound and lighting equipment etc. all on a much larger scale than the previous hall).

Risk

On the surface there would appear minimal risk in offering support to a worthy community project; however there are some risks that need to stated.

In the unlikely event Twyford Hall Incorporated ceased to operate the Twyford Hall Complex, the management responsibility would fall to Council (or another body appointed by Council) who would then have the financial lability of the upgraded infrastructure.

Again if funding applications are successful and the project commences there is always a risk of unforeseen or additional costs that crop up. Council may find itself receiving a request for financial assistance mid-way through construction. That would be an unenviable position for Council during tight fiscal times.

If the project is constructed and does not receive the utilisation expected, Council may become responsible if there is a financial drain on the Committee’s resources to the extent that running the Twyford Hall Complex becomes unviable. Council has been previously been in this positon, where it became the operator of the Sapphire Aquatic Facility when the community group, with all the best intentions, realised they were not in a position to operate the facility as hoped. Again this scenario could place unnecessary and unplanned financial burden on Council in the future.

Options

There are essentially two options available:

1. Provide the letters of support acknowledging there could be a future financial liability to Council.

2. Respectfully decline to support the project as presented at this time noting the Theatre Twyford is a priority two (2) activity that expands the use of the facility and is not required for the Twyford Hall Complex to continue to operate.

Conclusion

The Bega Valley Shire has a very active community that has many great ideas to improve facilities for the community. Twyford Hall Incorporated have been progressing the idea of a raked theatre for some time and have previously applied for funding to realise the project. Following the Local Government Elections in September 2016 which saw 4 new Councillors elected to Council, Twyford Hall Incorporated are seeking clarity on Council’s view and commitment to the Theatre Twyford project to able them to apply for upcoming State and Commonwealth funding opportunities.

Attachments

1 . Theatre Twyford Project - Request for Council support - Twyford Hall Inc

Recommendation

1. That the reported be noted.

2. That Council [do/do not] provide a letter of support to Twyford Hall Incorporated for the purposes of them seeking State and/or Commonwealth grants for the Theatre Twyford Project.

3. That Council officers write to Twyford Hall Incorporated advising Council’s decision.

Council 26 April 2017

Item 10.2

10.2. Community hall committee nominations

Additional nominations for positions on Council’s Community Hall Committees are presented for Council endorsement.

Director Community, Relations and Leisure

Background

The participation of volunteers in the care and management of Council’s Community Halls is an important way in which these facilities are activated, maintained and remain responsive to local needs and aspirations.

Nine new nominations for positions on Community Hall committees have been received and are provided to Councillors in an attached Confidential Memorandum for consideration.

Issues

Legal /Policy

Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally. The delegated functions of the Community Hall committees are set out in the Community Hall Committee Guidelines and Operations Manual which prescribe the manner in which the committees must operate.

Strategic

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2030:

A2.3 Safe and well maintained built facilities to meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community.

L4.6 Volunteer program developed and implemented across whole of Shire.

LO3.1 Residents are informed about and involved in Council’s decision making.

Operational / Asset Management Plan

Management of community facilities are identified in the Operational Plan and Budget 2016-2017 under the strategic action:

A2.3.1: Consolidate partnerships with community groups in managing and maintaining some community assets such as halls and sporting grounds.

Community Halls have individual Facility Management Plans which fall under Council’s Building Asset Management Plan.

Social / Cultural

Local Community Halls are often the hub of communities, particularly in smaller towns and villages. The involvement of volunteers helps ensure these facilities are well utilised and better able to meet community needs. Involvement in Hall committees also provides benefits to many individual volunteers by increasing their community connections and building their capacity through participation.

Community Engagement and/or Communications

Since November 2016, Council officers have worked with individual Hall committees and community members to encourage increased membership to Hall committees and this has resulted in the new nominations presented for endorsement. Community members participating in Hall committees are empowered to contribute to the care of Halls. Community Hall representatives are further engaged and consulted as members of the Section 355 General Halls Committee.

Financial and resource considerations

There is no direct financial impact arising from this appointment process.

Risk

The active and positive engagement of community members in Hall committees provides effective management of these assets.

Conclusion

Nine additional nominations to Council’s Community Hall committees have been received, which continues to demonstrate the strong volunteer spirit held by residents of the Bega Valley Shire.

Attachments

1 . Community Hall Committee Nominations (Councillor Only) (Confidential)

Recommendation

1. That Council adopt the recommendation from the confidential memorandum.

2. That Council appoint the following nominees to Council’s Community Hall committees as indicated [Names to be inserted].

3. That Council officers advise all applicants of the outcome.

Council 26 April 2017

Item 10.3

10.3. Revised Coastal Accessibility Plan

A revised Master Plan has been developed for the area around Bruce Steer Pool in Bermagui to guide the future development of this key coastal site. The final Coastal Accessibility Master Plan is presented to Council for adoption.

Director Community, Relations and Leisure

Background

Bega Valley Shire Council (BVSC) engaged Spiire Australia Pty Ltd to develop Coastal Accessibility Master Plans.

Three plans were reported to the 14 December 2016 Council meeting. Council resolved:

1. That Council note the report.

2. That any decision on the Bruce Steer Pool be deferred until a site visit is undertaken by Councillors and a further report presented to Council.

3. That Council adopt the Coastal Accessibility Master Plans for Short Point in Merimbula and Pambula Beach Reserve at Pambula Beach

4. That stakeholders be notified and thanked for their interest and input into the planning project.

This report addresses item 2 in the Resolution.

Issues

Legal /Policy

Bruce Steer Pool sits on Council managed Crown Land.

Numerous policies and procedures will be relevant in the implementation of this Master Plan (including but not limited to): Use of Council Land; Environment Management; Soil and Water Management; Weed Management; Pesticide Use; and Asset Management.

Strategic

The Master Plan identifies the current and future needs of the community and guides the development of recreational facilities to cater for those needs, with a particular focus on improving accessibility for all. Importantly the planning process identifies opportunities that will add value to the site and allow for increased recreation opportunities and participation.

Operational / Asset Management Plan

The delivery of the Master Plan 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.

Environmental / Sustainability

Major projects and new works identified may require a Review of Environmental Factors to be completed in the development of this project.

Social / Cultural

The Master Plan recognises the unique coastal environment of the Bega Valley Shire is one of the greatest attractions for residents and visitors and is focused on improving accessibility to break down some of the barriers presented to those with limited mobility and their carers.

Community Engagement and/or Communications

Follow the 14 December 2016 Resolution by Council, the following additional consultation has been completed:

· Officers made contact with an extended group of key stakeholders (including the Bermagui Big Game Angling Club (BBGAC)) for further feedback.

· There was an on-site meeting with BBGAC representatives on 1 February 2017, with adjustments to the plan specifically around the boat ramp area being made following this.

· An updated plan was distributed to all key stakeholders and an on-site meeting called.

· A meeting with all identified key stakeholders followed on 1 March 2017. The outcomes of this meeting were:

· No reduction in the existing asphalt/parking area.

· Noting increase in parking and reduction in greenspace (from the plan distributed prior to the meeting) keep pathway locations and size efficient to provide access, but not more pavement than needed.

· Work to include indoor change facilities in the amenities building, noting to keep the building at a scale and appearance suited to the site and not bigger than need be.

· A site visit was undertaken by Councillors on 29 March 2017.

The outcomes of the stakeholder site meeting are represented in the final draft being reported. (Please note the Coastal Accessibility Master plans include three sites, Bermagui, Merimbula and Pambula Beach, which are again included in the attachment, but only as part of the overall document).

Financial and resource considerations

The Bruce Steer Pool Coastal Accessibility Master Planning Project is being funded from the Leisure and Recreation budget.

The Master Plan identifies and prioritises projects which will require funding and resourcing in the future, however once adopted, the documents will be a useful resource in the planning of both capital renewal and new works on the site. Referral to an adopted Master Plan document is a useful aspect of completing funding applications to be submitted to state and federal agencies particularly for major projects.

Risk

Without an adopted Coastal Accessibility Master Plan for Bruce Steer Pool there remains a significant risk the site will be under-utilised (especially by those with mobility limitations). Future changes to the site could conflict and external funding opportunities will be much more difficult to access.

Conclusion

As identified in the 14 December 2016 Council Resolution a site meeting has been completed by Councillors. Council officers have undertaken further consultation with stakeholders, the outcomes of which are represented in the attached plan.

The revised final Coastal Accessibility Master Plan for Bruce Steer Pool has been completed and amendments made considering comments and feedback received. A summary of the feedback and the amendments and/or comments in response to the feedback has been included in the document. The final document is being presented for adoption.

The Master Plan describes the design intent, recommendations and estimated costs which provide a framework for the future implementation of prioritised and budgeted works.

Once adopted, the Master Plan can be viewed on Council’s website www.begavalley.nsw.gov.au.

Attachments

1. Revised Coastal Accessibility Master Plan

Recommendation

1. That Council note the report.

2. That Council adopt the revised Coastal Accessibility Master Plans for Bruce Steer Pool in Bermagui.

3. That stakeholders be notified and thanked for their interest and input into the planning project.

Council	26 April 2017
*Item 10.3 - Attachment 1*	Revised Coastal Accessibility Master Plan

Council 26 April 2017

Item 10.4

10.4. Community project proposals

This report provides a summary of community project proposals received between 1 December 2016 and 31 March 2017 for Council's information and consideration.

Director Community, Relations and Leisure

Background

The community has an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improvements to community facilities. More often than not Council will become responsible for all works on Council managed land including compliance, maintenance, upkeep and safety. With this in mind, regardless of the project size, all works proposed for Council managed land need to be considered in the context of all project elements including: funding; personnel; procurement; risk management; workplace health and safety; environmental considerations; approvals; compliance; and ongoing maintenance. It is also important to consider how the proposed works can link and add value to other planned Council projects, particularly in terms of the maintenance and replacement of existing assets.

Council’s Community Project Proposal Procedure applies to the full spectrum of projects from small scale through to larger more complex projects. One of the aims of the procedure is to make sure all relevant project issues are considered and addressed.

The procedure involves reporting proposals to Council, particularly where projects are complex and/or will require resourcing from Council. Those proposals that are straight forward and are not requesting funding from Council are reviewed and approved by officers enabling groups to get on with their proposed works.

The level of resourcing and contribution sought from Council is an important aspect for consideration. Council resources are limited and favouring one project over another or promotion of a project is likely to affect or defer the delivery of other planned and programed works. That is not to say that contribution is not possible, particularly where projects link to asset renewals, strategic plans or programed works clearly identify inputs from project partners, and clearly justify the Council contribution by demonstrating good value for requested funds.

The level of information included in the proposal needs to be relevant to the scale and complexity of the project and sufficient to enable the merits and issues of proposal/s to be understood by officers and Councillors. Thorough proposals will clearly show the merit of the project, outline what is being requested and identify potential issues and how they have been addressed. The initial assessment by Council officers seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.

The Community Project Proposal Procedure and the Proposal Form is available on Council's website.

This report contains proposals received between 1 December 2016 and 31 March 2017. They are:

· Bar Beach Memorial Seat - Submitted by a private entity

· Water Refill Station for the Community - Horizon Credit Union

· Tathra Information Sign - Tathra and District Chamber of Commerce

· Merimbula/Pambula Water Station Installation Project - Merimbula Special Events Committee

· Multi-Purpose Sports Stadium Merimbula - Berrambool Sports Committee

Future proposals will continue to be presented on a quarterly basis to Council for consideration and resolution.

Attached is a summary of the Project Proposals received including comments and recommendations. Hard copies of each of the full Proposals received have been distributed to Councillors for their reference.

Issues

Legal /Policy

There can be legislative requirements that come into effect if the implications of works are not understood and accounted for in the project development stage. These requirements include: environment and heritage; access and building code compliance; planning and development approvals; and in some instances land ownership.

Council’s Procedure 4.01.3 Community Project Proposals has been developed to manage project proposals by committees and community groups for the development and delivery of community infrastructure, civil assets and facilities.

Strategic

Council has a number of strategic and operational plans that outline the current and future priorities of infrastructure, civil assets and facilities capital works. For example Asset Management Plans (AMP) identifies current assets, their condition and when they are programed to be replaced. The Long Term Financial Strategy (LTFP) outlines how Council will pay for the replacement or upgrade of those assets.

Strategic Plans identify upgrades or new works based on current and expected future needs.

Operational / Asset Management Plan

Relevant key directions identified in the Council’s Operational Plan are:

S4 Proactive support and planning: There is proactive planning with the community for the protection of our built and natural environment.

A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.

Council has an adopted Capital Works Program included within the asset management structure. Asset management capital works programs are based on asset renewal (e.g. replacing existing assets to meet a similar service or provision level) as determined in Council’s AMP. The large majority of projects proposed by the community relate to new works or significant upgrades of existing assets and as such are not included in capital works programs. Where projects are linked to works identified in AMP, this is clearly noted.

Social / Cultural

The community has an important role in helping Council identify and deliver new and/or improvement projects. Council recognises and values the important role and contribution of committees, community groups and volunteers in the management, operation and maintenance of Council infrastructure, civil assets and facilities.

Community Engagement and/or Communications

In developing the Community Project Proposal Procedure, consultation was undertaken with Council's Access Committee, the S355 Sportsground Committee and also through a workshop involving representatives of service organisations from across the Shire.

The Project Proposal form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal.

Financial and resource considerations

Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. It is important people talk with Council officers prior to applying for funding to do work on Council assets. This ensures the project scope is clear and complete, the resources identified are sufficient to complete the works and there is a level of coordination to prevent already approved projects competing with new projects for the same external Grants.

Risk

A key aspect of the Community Project Proposal Procedure and process is aimed at mitigating risk. Examples of the items that need considering in relation to any project are:

· The costs and considerations surrounding BVSC’s ongoing management/liability.

· The costs associated with the ongoing operations and maintenance of any new asset.

· Possible shortfalls in proposal cost estimates.

· Potential expectations that BVSC will cover any potential project shortfalls.

Conclusion

The Community Project Proposal process seeks to provide a consistent framework for Council to receive and consider the wide range of projects proposed by the community. These projects can relate to new works or major upgrades and as such have not been identified in the development of capital works programs included in AMP.

The challenge is to give proposals the consideration they need and deserve and to work out where they fit with other planned and programed works. The level of resourcing and contribution sought from Council is an important consideration.

Attachments

1. Community Project Proposal Summary 26 April 2017

Recommendation

1. That Council note the report.

2. That Council note the “Bar Beach Memorial Seat” project submitted by a private entity has been approved by Council officers and completed.

3. That Council note submission of the Horizon Credit Union’s “Water Refill Station for the Community”; Tathra and District Chamber of Commerce’s “Tathra Information Sign” and the Merimbula Special Events Committee’s “Merimbula/Pambula Water Station Installation Project”, which require further development.

4. That Council note the Berrambool Sports Committee – Stadium Sub Committee’s “Multi-Purpose Sports Stadium Merimbula” has previously been resolved on by Council.

Council 26 April 2017

Item 10.5

10.5. Tertiary Scholarships

Applications have been received for the Bega Valley Shire Council’s Tertiary Scholarships program and are presented to Council for consideration.

Director Community, Relations and Leisure

Background

Bega Valley Shire Council offers seven scholarships for young local people aged between 18 and 25 years studying in any field of endeavour. Three scholarships of $1,000 are available for university students and four scholarships of $500 are available for vocational education students.

The scholarships have been awarded since 2009. The scholarships aim to support young people experiencing barriers to higher education and to promote educational opportunities in the Shire.

Scholarship nominations opened from 14 February 2017and closed on the 16 March 2017. The scholarships were widely advertised by Council’s Place Based Officers, via a range of media channels and amongst local education providers.

Council received twenty three applications. Five applications were received for vocational scholarships and eighteen applications were received for university scholarships. Eleven applications did not meet the scholarship eligibility criteria.

In line with Council’s Youth Voice Youth Action engagement process, young Council officers were involved in the selection process along with Place Based Officersofficers.

All applications were assessed on merit, taking into consideration:

· whether the applicant is between 18 and 25 years of age and living in the Bega Valley Shire;

· whether the applicant is studying full time in the Bega Valley Shire;

· the applicant’s stated experience of financial hardship;

· whether the applicant has been awarded another scholarship; and

· the potential for the scholarship to make a difference for the individual.

A relatively high number did not meet the stated selection criteria as they were studying away from the Bega Valley Shire.

The assessment team made several recommendations on the selection criteria for consideration in the planning of future scholarships and will be reviewed as part of next year’s scholarship program.

Issues

Strategic

The scholarships address Outcome 4.1 in the Liveability section of the Bega Valley Community Strategic Plan 2030:

4.1Young People are involved in all aspects of local life - including Civic Leadership, Business, Education and Volunteering.

Operational / Asset Management Plan

The scholarships are delivered in line with Council’s Operational Plan 2016-17, L2.4.1.1 Deliver Council’s Tertiary and Young Women’s Scholarship programs

Social / Cultural

Council’s scholarships are a positive way to promote the value of and opportunities for, education in the Shire and to encourage young people in their life/career journey.

The involvement of young people in the selection process provided them with an opportunity to make a contribution to the process. They also provided valuable feedback into the scholarship criteria and processes for future consideration.

Community Engagement and/or Communications

A Communications Plan was developed to promote the scholarship opportunities. They were widely promoted through social media channels, print media community networks and a card was distributed at Bega Campus of Wollongong University and the TAFE campus in Bega.

The engagement of young people in the assessment process was established in line with Council’s Youth Voice and Youth Action initiative.

Financial and resource considerations

The scholarship funds have been allocated in the community development budget area.

Funding source		Amount
Tertiary Scholarship	$	5,000

Council officer time is utilised in the planning, promoting and assessing the scholarships.

Risk

The considered assessment process of scholarship applications limits any potential reputational risk to Council.

Conclusion

Twenty three applications for the Bega Valley Shire Council’s Tertiary Scholarships have been received. These applications were assessed by a peer assessment panel and Community Development officers. A Confidential Memorandum summarising the recommendations is attached for consideration by Council.

Attachments

1. Bega Valley Tertiary Scholarships assessment and recommendations (Councillor Only) (Confidential)

Recommendation

1. That Council note the report.

2. That Council resolve on the recommendation from in the Confidential Memorandum attachment.

3. That Council award four $500 BVSC Tertiary Scholarships for vocational students to:

(insert name)

and three $1,000 BVSC Tertiary Scholarships for University students to:

(insert name)

4. That Council officers advise all applicants of the outcome

Council 26 April 2017

Item 11.1

11.1. Tourism Industry Liaison Group - Terms of Reference

A Tourism Industry Liaison Group (TILG) will be established to provide input into the development of a new service agreement/contract for the provision of Council funded tourism services.

Director Strategy and Business Services

Background

Council resolved, in March 2017, to extend the current contract for tourism services with Sapphire Coast Tourism Ltd for a period of 12 months to 30 June 2018. The purpose of the extension is to allow for the finalisation of the review of the existing arrangements and develop new terms of the contract for Council funded tourism services to be implemented from 1 July 2018. To ensure Council has input into this process from qualified and relevant individuals, it was further resolved in March 2017 to form a Tourism Industry Liaison Group (TILG).

Issues

Legal /Policy

The proposed TILG will have input and provide advice and guidance into the development of what will become the model and contract for Council funded tourism services.

Strategic

Visitation is identified as a focus area in Council’s Economic Development Strategy 2016-2021

Operational / Asset Management Plan

The effect of new model and relevant terms and conditions for the tourism services contract will be the development of detailed operational and reporting plans for the successful respondent.

Environmental / Sustainability

The natural environment of our region is a major regional tourism related asset (eco-tourism)

Economic

Tourism is valued at $350+ million to the local economy.

Community Engagement and/or Communications

The TILG ensures industry and community representation engagement in developing the scope and services for the external services contract for Council funded tourism services in the Bega Valley Shire Council local government area.

Options

Council has resolved to establish a TILG.

Conclusion

The attached TILG Draft Terms of Reference establish the purpose and structure of the committee. It is intended Council will identify targeted members for appointment as outlined in the attachment and also members who will be appointed through an open and advertised expression of interest process. Following the advertising for community representation a report will be presented to Council to formally appoint the TILG.

Councillor representation on the TILG was decided in March 2017.

Attachments

1. Draft Terms of Reference TILG

Recommendation

1. That Council note the terms of reference for the Tourism Industry Liaison Group.

2. That Council approve the commencement of a process to advertise for three (3) community/tourism industry members to the Tourism Industry Liaison Group.

Council 26 April 2017

Item 11.2

11.2. Proposed disposal of land at Taronga Crescent, Bega

A formal request has been received from the Tulgeen Group for Council’s consideration to the transfer of ownership of Council owned land they hold under lease at Taronga Crescent in Bega.

Director Strategy and Business Services

Background

Tulgeen approached Council in the early 1990’s regarding the possibility of occupying Council owned vacant land in Taronga Crescent, Bega in order to establish a plant nursery. An initial lease of the site was entered into in 1993, and the Riverside Nursery and Garden Centre commenced operation. Also providing a base for the Bega Valley Work Crew, the site has provided two much needed social enterprises and local employment for 23 people, including those with a disability.

Tulgeen have made significant capital investment at the site over the past 20 years and have recently obtained development approval to expand the Garden Centre and invest further in capital infrastructure projects. The expansion proposal includes construction of a new Work Crew shed with associated parking and access roads, as well as an accessible toilet added to the existing workshop building and roof addition to the sales shed. A new community group garden and covered shade shelter is also proposed for the site.

Based on the above expansion proposals, Council resolved on 16 December 2015 to grant a further 10 year lease to the Tulgeen Group for the continued occupation of the Taronga Crescent site for their Riverside Nursery enterprise. The lease documentation was prepared and executed, with a commencement date of 1 February 2016.

For the information of Councillors, Council purchased land in Eden Street, Bega for the sum of $11,000 in 1982 and leased this land to Tulgeen at a peppercorn rental to establish a workshop enterprise for people with a disability, being the ‘Stitches and Prints’ screen printing business. Once established, the Tulgeen Board sought the approval of Council to transfer the Titles (for both that site and the Taronga Crescent land) to enable them to further expand their business. Having ownership of the land would enable the Group to seek commercial loans for the development of their business. On 28 September 1999, Council resolved to Transfer the Eden Street lots to Tulgeen for nominal consideration, however a Restriction was registered on the Titles prior to Transfer which provided the land be used only for the purpose of training, education and promoting the welfare generally and facilitate the wellbeing and independence of individuals with a disability. Council further resolved that no action be taken in respect of the Transfer of the Taronga Crescent land at that time, as Council’s future use requirements for the site were unknown.

Council is now in receipt of a new request from Tulgeen for Council’s consideration to the transfer of ownership of the Taronga Crescent land.

Issues

Legal /Policy

The Taronga Crescent land held under lease by Tulgeen Group is classified as ‘operational’ land under the Local Government Act 1993. In contrast to land classified as ‘community’ land, Council does have the ability to sell or divest of 'operational' land as it chooses.

In order to grant a lease exceeding five years in duration, it was necessary to subdivide the Council owned land and create a separate title for the two part lots held under previous lease agreements. All costs associated with the survey work, plan preparation and registration were borne by the Tulgeen Group. No further subdivision is required in order to transfer the Title to Tulgeen, as they are seeking transfer of Lot 401 DP 1223882 in its entirety. The remainder of the subdivided site is occupied by Council for the storage of bridge timbers.

The request received from the Tulgeen Group seeks a ‘handover’ of the site currently occupied and does not clarify if they are seeking Council approval for this to occur at nominal consideration. Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by resolution of the Council. The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council.

As the site is currently in Council’s ownership, it is not currently rateable. If transferred to Tulgeen the property would attract rates and charges, however Tulgeen may have the ability to apply for an exemption under Council’s Rate Exemption Procedure.

Strategic

As Council only receive minimum annual rental for the lease of the site and further donate an amount of $6,736 per annum as a rebate off market rent, Council would save in the order of $6,200 per annum if it were to resolve to transfer the asset to the Tulgeen Group’s ownership.

Operational / Asset Management Plan

The asset is vacant land owned by Bega Valley Shire Council and is included on Council’s Shire Property Register. It has a zoning of RU1 primary production under Council’s Local Environmental Plan.

Social / Cultural

As indicated earlier in the report, the Riverside Nursery and Bega Valley Work Crew provide a valuable social enterprise and local employment for 23 individuals, including those with a disability.

The organisation works diligently to provide quality services which enhance the skills and lives of people with a disability, enabling them to fulfil their greatest potential through employment, in-home support and training & education services throughout the Bega Valley.

Community Engagement and/or Communications

At this stage there has not been any formal community engagement/consultation about the proposal by the Tulgeen Group, however the Tulgeen Group's long time philanthropic endeavours and services assisting people with a disability within our Shire, is both highly respected and valued. It is unlikely that should Council determine to approve the Group's request a community backlash would ensue. Rather, this proposed action would prove to be a good news story for the Bega Valley Shire community and Council.

Financial and resource considerations

The recent Valuer General’s (VG) land valuation for the four lots contained within the Council owned subdivision (being Lots 401-404 of DP 1223882) at Taronga Crescent provides a total land value of $180,000. The total size of the landholding valued is 35,175m2, which provides a rate of $5.12 per m2. The size of the lot occupied by the Tulgeen Group, being Lot 401 is 12,250m2. An estimate of the value of Lot 401 based on the VG’s 2016 figures would be in the order of $62,720. It should be noted that generally, VG land values are considered conservative to what may be achieved on the open market. If required, a more detailed valuation of Lot 401 could be obtained from an independent valuer.

Under the terms of the lease entered into in February 2016, the Tulgeen Group pay minimum annual rental for the site as per Council’s Fees and Charges Schedule, which at commencement of the lease was $510.40 per annum. Council also resolved to provide the Tulgeen Group with a rebate off current market rental of $6,736 per annum which is shown as an annual donation from Council’s financial assistance budget.

If Council were to resolve to sell the site to Tulgeen rather than transfer the asset for nominal consideration, it could achieve a minimum sale price of $62,720 to reinvest into other projects.

If the land is retained by Council, Property Officers will be required to manage the terms of the current lease and the annual rental rebate contribution from Council will continue to be payable.

Options

The options available to Council are:

1. Divestment of the asset to the Tulgeen Group for nominal value on the basis they have occupied the site for the past 23 years and have made substantial capital investment on the land over that time. Operation of the Riverside Nursery and Bega Valley Work Crew also provides much needed opportunities for those living within the Shire with a disability and has always received strong support from Council.

If Council choose to transfer ownership of the Taronga Crescent asset to Tulgeen for nominal consideration as they did with the land in Eden Street, Bega in 1999, it is suggested a similar Restriction be registered on the Title prior to Transfer which provides the land be used only for the purpose of training, education and promoting the welfare generally and facilitate the wellbeing and independence of individuals with a disability; or

2. Divestment of the asset to the Tulgeen Group for the Valuer General’s land valuation amount of $62,720 (plus GST) or at current market value as determined by an independent valuer, with the proceeds from the sale to be reinvested into other property projects identified by Council.

If the land is purchased by the Tulgeen Group for market value, there would be no requirement to have a restriction registered on the title prior to transfer; or

3. Retain ownership of the land and continue with the current lease arrangement which does not expire until 31 January 2026.

Conclusion

On the basis that Council has already gifted two parcels of land in Eden Street, Bega to the Tulgeen Group, it is recommended Council divest of the Taronga Crescent land at either the recent Valuer General’s land value or at current market value as determined by an independent valuer.

Council has approved divestment of several properties over the past five years for nominal consideration, however in all instances it has been proven that either loans for the purchase of those assets were repaid in full by the community groups occupying them, or the site was originally gifted to Council for no financial consideration in the first place.

The asset at Taronga Crescent does have a value to the community and in accordance with Council’s adopted Long Term Financial Plan (LTFP), the proceeds from the sale of ‘operational’ land should be used to leverage investment or strategic outcomes. Council may also use funds generated from land disposal to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Attachments

1. Request from Tulgeen - 11 August 2016

2 . Request from Tulgeen - 21 February 2017

3 . Plan of Subdivision - Taronga Crescent land

4 . Council Report - 28 September 1999

5 . Copy of Restriction

6 . Council Report - 16 December 2015

Recommendation

1. That Council approve the divestment of Lot 401 DP 11223882 at Taronga Crescent, Bega to the Tulgeen Group for the amount of $62,720 (plus GST), being the value as determined by the Valuer General in 2016, with the proceeds from the sale to be reinvested into other property projects identified by Council.

2. That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect this course of action.

3. That Council advise the Tulgeen Group of its decision.

Council 26 April 2017

Item 12.2

12.2. Underground Power Lines for Merimbula CBD

This report details the outcome of the investigation into whether overhead power lines within the Merimbula Central Business District (CBD) can be moved underground, in response to a Notice of Motion from the Council Meeting of 1 February 2017.

Director Transport and Utilities

Background

A Notice of Motion was resolved at the Council Meeting of 1 February 2017, Item 18.2 Underground Power Lines for Merimbula CBD, as follows:

“That Council work with Essential Energy and land owners to explore the possibility of putting Merimbula Central Business District powerlines underground to take advantage of opportunities such as substantial new development, planned road resurfacing and major intersection upgrades, planned power pole upgrades, and work on the Central Business District master plan.”

Essential Energy advised it had no plans or funding to move power underground within the Merimbula CBD in the foreseeable future, and would make no cost contribution towards any such works. Essential Energy further advised that Council would need to engage the services of a Level 3 Accredited Design Consultant to investigate such opportunities.

Powerline Design, a Level 3 Accredited Design Consultant, who had previously undertaken power asset relocation design work associated with the Merimbula CBD Bypass Project, was therefore engaged to undertake a desktop study of the opportunities to relocate overhead powerlines underground within the Merimbula CBD, and the implications and costs of doing so. A copy of Powerline Design’s report is as an attachment to this Council report.

Issues

Legal /Policy

The electricity infrastructure in Merimbula is owned and operated by Essential Energy. All design work associated with this infrastructure must be undertaken by a Level 3 Accredited Design Consultant, and certified by Essential Energy. Any actual works on the infrastructure must be approved by Essential Energy and undertaken by a Level 1 or 2 Accredited Contractor.

Operational / Asset Management Plan

The Merimbula CBD is addressed under the following documents:

· Merimbula CBD Landscape Master (Spiire)

· Merimbula Development Control Plan (DCP)

Social / Cultural

The aesthetics of the Merimbula CBD, and in particular the lake foreshore, is detracted by the overhead electricity infrastructure. Opportunities to relocate overhead infrastructure to underground will enhance the aesthetics of Merimbula.

Economic

Merimbula is one of the principal tourist destination within the Shire, with significant economic benefits resulting from visitors to the area. Opportunities to underground this overhead infrastructure will enhance the aesthetics of Merimbula, and its appeal as a tourist destination.

Community Engagement and/or Communications

Community engagement and communication will be essential as any undergrounding works will result in traffic and pedestrian disruption during the works and power outages to businesses and residences during the change-over from overhead to underground power connections.

Financial and resource considerations

There are currently no funds identified or budgeted for these works.

The consultant’s report identified a number of opportunities to improve the aesthetics of the overhead electricity infrastructure within the Merimbula CBD, and the estimated cost of each as follows:

Key Areas for Consideration of Underground Power
Section	Proposal	Cost Estimate
Market Street: Lakeview Hotel to McDonalds	Underground	$ 130,000
Market Street: McDonalds to Top Fun	Underground	$ 470,000
Beach Street: Market Street to War Memorial	Underground	$ 220,000
Merimbula Drive	Aerial Bundled Cable	$ 140,000
Main Street: Sapphire Coast Drive to RSL Club	Aerial Bundled Cable	$ 250,000
	Sub-total	$ 1,210,000
Plus fees (7.5%)		$ 90,750
Plus Project Management (2.5%)		$ 30,250
Plus Contingency (10%)		$ 121,000
	TOTAL (excl. GST)	$ 1,452,000

Risk

The assessed risks associated with this proposal are:

· Disruption to traffic, pedestrians, residents and businesses

· Damage to existing underground services.

· Latent conditions causing cost escalation greater than the contingency factor

Options

Where the cost or complexity of undergrounding overhead infrastructure is prohibitive, the existing multiple wires can be replaced with an aerial bundled cable, thereby significantly reducing the visual impact of the overhead infrastructure.

Conclusion

There are several opportunities to underground overhead powerlines within the Merimbula CBD, as detailed in the consultant’s report. The total estimated cost of these works is $1.452 million (excluding GST). Council currently has no funds identified or budgeted for these works, and Essential Energy will not make any cost contribution to this proposal.

Attachments

1. Power Line Design Electricity Infrastructure Report Merimbula CBD

Recommendation

That Council note the findings of investigation into the relocation of overhead power line infrastructure to underground in the Merimbula Central Business District.

Council 26 April 2017

Item 12.4

12.4. Rectification of road reserve and property boundaries on Upper Cobargo Road, Brogo

The acquisition of land at Double Creek Bridge is required to conclude matters associated with the rectification of the road reserve realignment on Upper Cobargo Road, Brogo.

Director Transport and Utilities

Background

This matter was originally reported to Council on 28 May 2014 when it was resolved to rectify the road reserve realignment by creation of a new Upper Cobargo Road reserve, aligned to the current position of the road, bridge, fence and drainage infrastructure and closure of redundant road reserves adjacent to Double Creek Bridge.

The new concrete bridge was constructed in 2010 to replace the timber bridge that was destroyed by flood. At that time, it was identified the gazetted road reserve and property boundaries in the area dated from the road and bridge alignments established in the late 19^th century, and have long since been superseded.

Upon lodgement of the Plan of Subdivision with the Department of Lands (the Department), Council officers were advised the section of road reserve where the bridge is located, is Crown Land within the river bed, and the Plan must be amended to include the intention to acquire the section of riverbed required for road reserve from the Department. The section of road reserve where the bridge is located is now known as Lot 7 DP 1211012 shown on the attached registered Plan of Subdivision and first title creation.

The Department endorsed the Plan to allow registration to take place and a formal request has been sent requesting their consent for the proposed acquisition of Lot 7 DP 1211012 in order to make application for compulsory acquisition. The road closure application for the redundant road reserves has also been lodged with the Department.

Council must now proceed to complete the process of acquisition by making an application to the Minister for Local Government in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and the application requires an updated Resolution of Council.

Issues

Legal /Policy

The application for compulsory acquisition is to be made to the Office of Local Government and an updated Resolution is required to be submitted with the application. The original Resolution obtained on 28 May 2014 did not include Council approval to acquire Lot 7 DP 1211012 because at that time, Council was unaware the section of road reserve where the bridge is located, was in fact Crown Land.

The road closure assessment process has been carried out by Council officers and lodged with Crown Lands for approval. If approved by Crown Lands and vested in Council, the sections of closed road will be transferred to the adjoining land owners in exchange for the sections of land required for road purposes.

Operational / Asset Management Plan

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

Community Engagement and/or Communications

Crown Lands and effected land owners have been consulted throughout the process and have provided their consent to the registration of the Plan. The Department has also been requested to provide formal approval to the proposed acquisition.

Public notification of the proposed road closure was carried out, allowing a period of 28 days for submissions to be received. All adjoining property owners were also formally advised of the proposal and no submissions were received.

Financial and resource considerations

Costs associated with the rectification of the road reserve were included in the bridge construction costs. Financing of the construction costs were via Natural Disaster Grants from State Government with the short fall coming from Council’s General Capital Works Funds.

If Council is successful in seeking a waiver of compensation for the acquisition the financial considerations will be limited to operational costs.

Risk

Double Creek Bridge is currently sitting on a portion of Crown Land with no formal tenure arrangement in place to protect the asset. If the acquisition of Lot 7 DP 1211012 does not progress, the Department will require a formal arrangement to be put in place via Crown licence or lease to authorise the bridge location.

Conclusion

Council needs to formalise ownership of the land on which the Double Creek Bridge is situated and complete the rectification of the road reserve to ensure ongoing access is maintained.

Attachments

1. Council report 28 May 2014

2. Registered Deposited Plan 1211012

Recommendation

1. That Lot 7 DP 1211012 be compulsory acquired for road purposes pursuant to Section 177 of the Roads Act 1993.

2. That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of Lot 7 DP 1211012.

3. That Council formally write to the NSW Treasurer and the Hon. Andrew Constance, MP in his capacity as Member for Bega and Minister for Transport and Infrastructure seeking a waiver of compensation for the acquisition of land held by the State of NSW.

4. That the Mayor and/or General Manager be delegated authority to execute the necessary documents as required.

Council 26 April 2017

Item 12.5

12.5. Engagement of NSW Public Works Advisory for Project and Design Management of Merimbula STP upgrade EIS and Concept Design

This report seeks Council's approval to engage NSW Public Works Advisory (NSWPWA) to assist with the project and design management of the Merimbula Sewage Treatment Plant (STP) Upgrade and Deep Water Ocean Outfall Concept Design and Environmental Assessment

Director Transport and Utilities

Background

Council considered the Merimbula STP Upgrade and Deep Water Ocean Outfall project at its meeting of 15 March 2017 and subsequently accepted the proposal from AECOM to carry out the work.

The EIS and Concept Design work will be a complex process over a three year period, involving detailed hydrological surveys, process and environmental engineering, extensive community consultation and other activities.

To assist Council’s current engineering and project management resources in the Water and Sewerage Services section, additional resources will be necessary to ensure the demanding schedule is carried out to specification and to programme.

NSWPWA has assisted Council in the development of the project to date, particularly providing expertise and detailed management of Hydrological Surveys, selection of the EIS consultants, definition of the project scope and liaison with the numerous government stakeholders.

Given the value of their expertise to Council and their knowledge from involvement in the Merimbula project, it is proposed to further engage NSWPWA to assist with the Project and Design Management of the STP Upgrade, Deep Water Ocean Outfall and Environmental Assessment.

Issues

Legal /Policy

Appointment of NSWPWA is in accordance with the Local Government Act 1993 (LGA). Council is able under the LGA: chapter 6, part 3 division 1 section 55, to single source these services directly from the Crown.

Environmental / Sustainability

NSWPWA will enhance Council’s ability to ensure the demanding environmental and sustainability constraints involved in both the assessment process and design are achieved.

Social / Cultural/ Economic

NSWPWA will enhance the assessment of the social/cultural/economic implications of the STP upgrade and deep water ocean outfall.

Community Engagement and/or Communications

NSWPWA will provide essential expertise and resources to manage the vitally important community and stakeholder consultation and communication processes.

Financial and resource considerations

In excess of $750,000 has already been spent on the project. The funds required to engage NSWPWA will be sourced from the Sewer Fund - New Works Reserve.

In the longer term, the total project cost is expected to be in the order of $30M noting that Council is unable to fund the entire amount at this time.

Government subsidy for funding of regulatory driven capital works projects of this type is often necessary. The involvement of NSWPWA significantly enhances the likelihood of the project proceeding to construction.

Funding source

Amount

Capital Works Reserve

308,000 (plus a 10% contingency)

estimate Total: 340,000

Risk

Given their expertise, knowledge and prior experience on ocean outfall projects at Batemans Bay and Crescent Head, involvement of NSWPWA measurably assists in reducing the overall Risks associated with the project.

Options

Due to NSWPWA unique expertise, background and prior experience, sourcing similar alternative capability to assist Council for this particular project would be extremely difficult. The option of providing the necessary resources from within Council is not viable due to the size and complexity of the project.

Operational Plan

The engagement of NSWPWA supports delivery of assets that meet long term Operational Plan objectives.

Resources

The engagement of NSWPWA will complement the substantial Council officer and consultant resources that have already been and continue to be allocated to the project.

Conclusion

The key issue to recognize at this stage of the project is that current Council engineering and project management resources are already heavily committed. The engagement of NSWPWA will enhance Council’s capacity to ensure successful achievement of project objectives in the planned timeframe.

Attachments

1. Confidential Memorandum regarding Engagement of NSW Public Works Advisory for Project and Design Management of Merimbula STP Upgrade EIS and Concept Design (Councillor Only) (Confidential)

Recommendation

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

2. That Council accept the proposal from NSW Public Works Advisory for the work involved in the Project and Design Management of the Environmental Impact Assessment and development of a Concept Design for the Merimbula STP Upgrade and Deep Water Ocean Outfall, in the amount of $<insert> (excluding GST), subject to variations and provisional sums.

3. That authority is delegated to the General Manager or Director of Transport and Utilities in the General Manager’s absence, to execute all necessary documentation.

Council 26 April 2017

Item 13.1

13.1. 2016 Local Government Election

The 2016 Local Government Election was held on Saturday 10 September 2016. This report considers the matters relating to the administration and cost of the election, and recommendations made by the NSW Electoral Commission as part of its report on the 2016 elections.

Executive Manager Organisational Development and Governance

Background

On 14 January 2015, Council by way of Resolution, agreed to engage the New South Wales Electoral Commission (NSWEC) to coordinate the 2016 Local Government Election. A part of that decision, was the expectation the General Manager, Executive Manager – Organisational Development and Governance, the Governance Coordinator, Communications Coordinator, Executive Assistants, and Customer Service Officers would be involved in the facilitation and preparation of the election.

A joint Returning Officer role and Office was established for the Bega Valley Shire and Eurobodalla Shire 2016 Elections, with both Councils sharing the costs associated with the Returning Officer function, based in Moruya.

Bega Valley Shire Council received twenty-six (26) nominations for candidates for the September 2016 Local Government Election; twenty-four (24) of these candidates submitted their respective applications.

The Election was held on Saturday 10 September 2016.

Final results were made available by the NSW Electoral Commission on 20 September 2016, with candidates For Bega Valley Shire officially declared as elected on 21 September 2016 at 11:10am. The successful candidates were:

· Tony Allen (IND)

· Robyn Bain (IND)

· Kristy McBain (IND)

· Jo Dodds (IND)

· Sharon Tapscott (IND)

· Russell Fitzpatrick (IND)

· Liz Seckold (IND)

· Mitchell Nadin (IND)

· Cathy Griff (GRN)

Pursuant to clause 393AA of the Local Government Act (General) Regulation 2005, the Electoral Commissioner has presented the NSWEC’s report on the conduct of the 2016 elections. A number of the key findings or recommendations from the NSWEC report are highlighted in this document.

The report from the NSWEC on the 2016 elections includes a total of fifteen (15) recommendations, of which Recommendations: four (4) and nine (9) are of particular significance.

Recommendation 4 deals with the timeframe deadlines within which a Council can declare its intention to have the coordination of their local government elections outsourced to a third party; for instance the NSWEC. Recommendation 4 included in the report is for councils that intend to outsource the coordination of their Local Government Election, who must make a decision to do so by Council Resolution up to 18 months prior to the date of the election. Previously the required period was 12 months prior to an election.

Recommendation 9 deals with the introduction of a countback system, as an option for councils in lieu of a by-election being conducted when Councillor casual vacancies arise within 18 months of the original election date.

The NSWEC report recommends the use of a countback system in the event a declared position becomes vacant within the first 18 months of the election date. Such a countback system will prevent the need for a by-election to be conducted. To ensure such a process is enacted, it is recommended councils decide by Resolution at the start of their term, that if a vacancy arises within the first 18 months of term, it be filled by way of a countback system. Council will not be able to change this decision once such a Resolution has been made.

Issues

Legal /Policy

One particular issue from a legal perspective emanates from changes to the regulatory environment in particular the Local Government and Elections Legislations Amendment (Integrity) Act 2016, which introduced new provisions to the Election Funding, Expenditure and Disclosures Act 1981 relating to local government. The key changes involved capping political donations, regulation of third-party campaigners, and the requirement for political parties to keep a campaign account for local council elections.

Further, throughout the next election period Council will need to consider how it will communicate how the election is being coordinated, including the implications this will have on Council officers and the community. Council will need to adhere to Policy 5.10 Communications, as well as Procedure 5.10.1 Communication Strategy, 5.02.1 The Model Code of Conduct, 5.02.9 Elected Officials Communication Protocols, and 5.01.3 Local Government Elections (Caretaker Provisions)

Operational / Asset Management Plan

The role Council officers fulfilled during the Local Government Elections in 2016 is consistent with the Key Directions of Council’s Operational Plan with regards to:

· A Leading Organisation (Informed and engaged)

The administrative support provided by various Council officers assisted in providing a proactive and informative service to the community which demonstrated best practice governance and workplace excellence. Such an outcome was achieved by working in collaboration with representatives from the NSWEC.

Community Engagement and/or Communications

In response to the election, and as part of the reporting process, the NSWEC surveyed a sample of participants in the election asking for feedback on the effectiveness of the NSWEC coordination of elections. According to the Report on the Local Government Elections 2016, the most noticeable perception among electors was an insufficient amount of information being available about the election. This was reflective of the feedback received by Council's Customer Service Team leading up to the election with many ratepayers making phone calls and over-the-counter enquiries about where to find more information about each respective candidate. Other commonly reported feedback was there was a need for more information to be provided about the location and timing of election polling places. As part of the NEWEC report they have considered this feedback and will take it into consideration as part developing their communication plan for the next Local Government Elections.

Financial and resource considerations

As well the NSWEC costs for running the September 2016 Local Government Election, a considerable amount of Council officers' time was required. Council officers who were most heavily involved in establishment (and demolition of) of polling booths, liaison with candidates/Returning Officer/members of the public were: Executive Manager, Organisational Development and Governance; Governance Coordinator; General Manager; and Customer Service Officers.

The NSWEC has forwarded their invoice for payment totalling $232,688.50 (inclusive of GST) which has included a reduction in costs - through Bega Valley Shire and Eurobodalla jointly sharing the costs for establishing and running the Returning Officer function and Office.

Funding source		Amount
Elected Officials	$	232,688.50

Conclusion

Consideration must be given to the Recommendations 4 and 9 included in the NSWEC report on the Local Government Election 2016:

· Recommendation 4 - outlines the need to declare, by Resolution of Council - the decision to engage with any external third party to coordinate the election process 18 months prior to an election being held.

· Recommendation 9 - Council must decide by Resolution that should a vacancy occur within the first 18 months of Council's term after an election being completed, Council can implement via a countback system to fill the vacancy, instead of running a by-election to do so.

Attachments

1. 05/04/2017 NSW Electoral Commission final report on Local Government Election 2016

2. Electoral Commission NSW invoice for the Local Government Election held on 10 September 2016

Recommendation

1. That Council note the report from the NSW Electoral Commission on the Local Government Election 2016.

2. That prior to 31 March 2019, Council make a decision by way of Resolution, the way it intends to coordinate the 2020 Local Government Election.

3. That Council resolves to fill any vacancy which arises within the first 18 months of a newly elected Council following the ordinary election through a countback system instead of conducting a by-election.

Council	26 April 2017
*Item 13.1 - Attachment 1*	05/04/2017 NSW Electoral Commission final report on Local Government Election 2016

Council 26 April 2017

Item 13.2

13.2. Related Party Disclosures Policy

This report seeks Council approval for the adoption of the draft Policy - Related Party Disclosures

Executive Manager Organisational Development and Governance

Background

The Local Government Regulation 2012, section 177 requires Council to prepare general purpose financial statements in accordance to the Australian Accounting Standard AASB124., which became operational on 1 July 2016. This particular standard deals with the disclosure of related party relationships.

As a result of Standard AASB124 becoming operational, Council is required to disclose all related party relationships, transactions and outstanding balances. Such disclosures include commitment statements as part of the Annual Financial Statements.

By definition, parties are “related” where one can control or influence another person's financial and operating decisions. The Related Parties Disclosure Policy attached to this business paper includes basic information about Key Management Personnel (KMP) and entities in which Council has control or significant influence over. The Policy also provides details about how Council will manage related party disclosures. Generally speaking, KMPs will include the Mayor, Councillors, General Manager, Directors, and the Public Officer. The identification of related parties also extends to close family members of each KMP, as well as any entities in which the KMP or close family member has control over.

In order to comply with AASB124, Council must collect information from its designated KMPs to identify related party relationships and transactions. Each respective KMP will be requested to periodically provide a Related Party Disclosure, which will notify the Council of any existing or potential related party transactions between Council and related parties. Once the disclosed transactions are verified in Council’s business systems, the information will then be recorded in the Register of Related Party Transactions.

Issues

Legal /Policy

In the early stages of implementing Other Related Party Disclosure policies, it was not known if the information collected would be accessible under the Government Information Public Access (GIPA) Act 2009.

It is intended, as part of the Related Party Disclosure Policy, that individual details collected from KMPs, whilst recorded in the register, will not be made available for inspection by the public. However, reportable information from each respective disclosure will be publically available.

The idea of combining Related Party and existing Pecuniary Interest Disclosures in the one process was given some credence. However, given the purpose of the disclosures, the information captured, and the audience in which the disclosures apply, it was decided separate Disclosures documents were required. This decision is supported by the Office of Local Government.

Community Engagement and/or Communications

The draft Policy attached to this Business Paper will need to be placed on Public Exhibition for a period of 28 business days from the day of 26 April 2017. Members of the public will be invited to submit their feedback on the draft Policy during this time.

Financial and resource considerations

Compliance with the reporting requirements under AASB124 will require additional disclosure in the notes to Council’s Financial Statements. Any financial burden incurred will relate to the indirect cost associated with administrative tasks involved with collecting and recording information with regards to Related Party Disclosures.

Conclusion

Since 1 July 2016 it is a requirement for Council to comply with AASB124. In order to do so, Council must introduce a Policy and Procedure to facilitate the management of Related Party Disclosures.

Attachments

1. 05/04/2017 draft related party disclosures policy

Recommendation

1. That Council approve the proposed Related Party Disclosure Policy in draft form.

2. That the draft Related Party Disclosure Policy be placed on public exhibition for a period of 28 business days.

3. That if no submissions are received the Policy will be enacted and all nominated Councillors, former Councillors and officers will complete the appropriate declarations

Council 26 April 2017

Item 13.3

13.3. Major projects quarterly updates - to April 2017

This report provides a quarterly update to Council and the community on our current major projects.

General Manager

Background

Council has been regularly receiving update reports on major projects since 2014, identified by them annually for the General Manager. During the annual performance review process for the General Manager this list was updated to include:

· Council election in September 2016 – to be carried out within the legislation and reported

· Councillor induction – to be implemented and achieve agreed individual Councillor Development Plans for implementation

· Community Strategic Plan and all associated plans – to be carried out within the legislative timetable.

· Joint organisation and Eurobodalla MOU - implementation achieved

· Major projects - implemented on time and on budget

· Merimbula Airport – management and move to Council as licence holder, major works completed as per Deed; masterplan review and business plan development finalised; expansion agreed and implemented

· North Bega Sewer

· Eden Port

· Other property matters – Australasia, Bega Hospital (if we proceed)

· Culture Project - continue implementation of the Project and engage new Council in their important role in this process

· Destinations NSW Regional Tourist Organisation – the inclusion of Bega Valley in the Canberra Ring and the need to monitor and evaluate the impact of this change on Bega Valley.

A monthly officer report is prepared on these and other significant projects for appropriate monitoring and oversight from the senior staff team. Key aspects reported against include:

· Planned outcomes and key outputs

· Progress with timelines and milestones

· Risks and actions to mitigate risks

· Internal and external communication plans

· Budget items including progress against budget

PROJECT	COMMENT
Council elections	The Council elections were held and all requirements met. A report from the NSW Electoral Commission is being presented the Ordinary Council Meeting of 26 April 2017.
Councillor Induction	A detailed Councillor induction program as adopted by Council has been progressively implemented. This has included attendance at training run by the NSW Office of Local Government and LGNSW and Council specific sessions; Council run sessions, joint sessions with Eurobodalla Shire Council. The program continues and individual continuing development plans will be developed prior to June 2017. An assessment of the program will be undertaken by Councillors in April/May 2017 to provide reflective feedback for the ongoing development program and for the induction program following the 2020 election.
Community Strategic Plan and associated plans	The community engagement plan stages of the Understanding Our Place and the community survey have been completed. Focus groups have been held to gain feedback on the direction of the Community Strategic Plan 2040 and the Delivery Program 2017-2021. Final draft documents to be presented to Council on 17 May 2017.
Joint Organisation and MOU Eurobodalla	Legislation relating to the formation of Joint Organisations of Councils has still not progressed. Council is participating in the Canberra Region Joint Organisation and ensuring that projects focus on value adding to the work of Bega Valley Shire Council and providing procurement savings and opportunities for shared or improved services. It is currently not known when legislation will progress. Councillors and officers have participated in a number of induction sessions with Councillors and staff from Eurobodalla. This joint process was an undertaking of the implementation of the MOU. Operational staff have also met across the two Councils on a number of issues including planning matters, events management, infrastructure and administration. A meeting at Councillor level is currently being planned and will be hosted by Eurobodalla Shire Council.
Merimbula Airport	Works have continue on the water and power upgrade to the site; consultants to assist with the subsequent two works programs have been appointed by Council resolution; the process for the transition of the licence to Council is on target. Review of the Masterplan will proceed this calendar year.
Eden Port	Liaison continues with Crown Lands the lead in the two Eden Port projects.
North Bega Sewer	The tender for works has been resolved by Council. Requirements of funding contract on track.
Property Matters	Australasia – Council Resolution that open tender proceed, draft tender documents and process are being prepared with report to Council meeting 17 May for adoption of the tender prior to advertising. Bega Hospital site still in negotiations, announcement by the NSW State Government about relocation of TAFE NSW to the site made by Minister Constance on 7 April 2017.
Culture Project	Organisation Culture Index work with Human Synergistics completed. Internal projects aimed at improving communication, innovation and training being developed for roll out in 2017.
Destination NSW Board	The new Board has been appointed. A tour to the local area is being arranged.

Attachments

Nil

Recommendation

That Council note the major projects update report.

Council 26 April 2017

Item 13.5

13.5. Enterprise Risk Quarterly Report (January to March)

The purpose of this Enterprise Risk Management (ERM) Quarterly report for the period January to March 2017 is to provide information to Council about the current organisational enterprise risks and public liability insurance claim activity during the period.

Executive Manager Organisational Development and Governance

Introduction

Risk is the effect (either positive or negative) of uncertainty on business objectives. Risk influences every aspect of the operations of Bega Valley Shire Council (BVSC) and by understanding the risks we face and managing them appropriately we aim to enhance our ability to make better decisions, safeguard our assets, enhance our ability to provide services to our community and achieve our goals.

Background

Council is committed to managing risk on a systematic, organisation wide basis consistent with AS/NZS ISO 31000:2009. This approach will create sustainable value by both minimising risks to the achievement of our objectives and by identifying potential opportunities. In order to achieve this requirement Council’s risk management methodology applies to all Council officers and other ‘workers’ who undertake activities on behalf of Council.

Ultimately BVSC aims to align effective risk management practices across Council within a common framework that can be clearly understood and applied by everyone engaged in Council's business. Specifically Council’s systems for managing ERM aim to:

· Promote an integrated framework for identifying enterprise risks,

· Ensure consistency in the manner in which the council manages enterprise risks, and

· Provide a mechanism for key risk ‘owners’ to document and subsequently communicate both the identified risks and the organisational methods to effectively ‘control’ these risks to Council.

In order to effectively monitor enterprise risk Council has developed the following broad categories of risk. These are used to enable appropriate aggregation and to assist with the identification of systemic issues and trends across Council:

· Human Resources

· Health and Safety

· Communications

· Procurement

· Ethics

· Information Technology

· Infrastructure

· Financial

· Governance

· Environment

· Reputation

Updated Corporate Risk Activities

The table below summarises, by exception, the updated/changed activities associate with each of the twelve identified corporate risks:

Risk Name	Status	Recent Activity
CE1 Environmental legislative breach		Councils Environmental Services Section has developed an erosion and sediment control guide aimed at proactively assisting personnel in establishing sediment controls.
CF1 Fraud & Corruption		A 2016 fraud and corruption audit recommended Council formally develop a Fraud Control Plan. A draft Fraud Control Plan has been developed and this will need to be processed through Council’s normal consultative mechanisms. Additional a draft fraud and corruption policy and procedure have also been created. Finally as per the auditors recommendations fraud awareness training has been developed and is incorporated into Council’s corporate induction.
CR3 Council fails to respond effectively to disaster event(s)		Several Council officers undertook emergency management training (Emergency Operations Centre Concepts and Introduction to Emergency Management). These courses were held at the Bega Valley Emergency Operations Centre and were delivered by the Regional Emergency Management Officer. The knowledge provided to officers will enhance Council’s ability to support the Emergency Management Community/Combat Agencies.

Summary of key activities for the January to March 2017 Period

The list below summarises the key ERM activities that have taken place during the January to March 2017 reporting period:

· Draft Fraud and Corruption Policy and Procedure developed (consultation with stakeholders to commence shortly).

· Draft Fraud Corruption Plan developed.

· Fraud and corruption information added to employee corporate induction.

· Fraud and corruption information added to the Internal Audit SharePoint page (for employees access)

· Code of Conduct Training program being rolled out to all employees.

· Emergency management training for key personnel undertaken in March.

· Risk and Internal Audit Coordinator presented information at the Artworks seminar relating to events management and local government requirements (Joint BVSC and Eurobodalla Shire Council initiative).

Conclusion

Enterprise risk management continues to be a priority within Council with gradual improvements being made on a systematic basis. Proposed Changes to the Local Government Act 1993 will see a legislative framework legitimising the function of risk within Councils in NSW.

Attachments

1. Corporate risk heat map and summary

2 . Confidential report public liability insurance (Councillor Only) (Confidential)

Recommendation

That Council note the report specifically the updated information relating to the corporate risk register and activities aimed at improving risk management systems.

Council 26 April 2017

Item 13.6

13.6. Closed Circuit Television (CCTV) Policy

This report provides information about a Bega Valley Shire Council Closed Circuit Television (CCTV) Policy and seeks Council's approval to place the document on Public Exhibition prior to final adoption of this Policy.

Executive Manager Organisational Development and Governance

Background

Bega Valley Shire Council highly values the importance of efforts taken in the community to reduce crime. Despite recognising crime will never entirely be prevented, Closed Circuit Television (CCTV) is one strategy that when implemented, can bring benefits to the community by assisting with the identification and reduction of crime; such a reduction can then lead to improved public safety in the designated areas where CCTV is installed. The installation of CCTV may be effective in addressing various crimes, most predominantly those associated with theft, damage or vandalism to property.

Issues

Legal /Policy Considerations

The implementation of CCTV may have implications with regard to the Privacy and Personal Information Protection (PPIP) Act 1998 as well as the Workplace Video Surveillance Act (WVS) 1998. In particular, section 8 of the PPIP Act 1998 requires a public sector agency not collect personal information unless the collection of the information is reasonably necessary in relation to a function of the agency. In this instance, the implication for Bega Valley Shire Council (Council) implementing CCTV will be based on the need to demonstrate that filming all people in a certain area is reasonably necessary to prevent crime and that doing so is a valid function of the Council.

Section 18 of the PPIP also limits the disclosure of personal information, requiring Council not to disclose it for a purpose other than which the information was collected. This prevents Council from releasing CCTV footage to the media unless the release is necessary to prevent or lessen a serious and imminent threat to life or health.

There may also be times at which Council employees will be filmed by a CCTV system put in place in locations where they work. In such circumstances the WVS will apply. In this instance, employees must be notified, in writing, of the intention to install CCTV. Without proper consent and notification being issued, surveillance of employees in their workplace is considered illegal; therefore Council must ensure it satisfies the requirements of the WVS, by consulting with and notifying employees of the intention and introduction of CCTV systems in and around Council's offices/depots/buildings.

Council should also be aware of the potential for increased liability which may be incurred when considering the installation of CCTV. If Council decides to take on the responsibility of ensuring public safety within the CCTV area, it must make sure all equipment is fully functioning. If the equipment is not operating as intended and a person is injured in some way, a local council may be found liable in some way. As part of any planning, design and implementation scheme related to CCTV it is recommended for each respective council to seek its own legal advice concerning civil liability.

Signs informing the public of the existence of CCTV cameras must also be put in place. The information included on the sign, as well as their location must comply with Australian Standard – Development, Testing and Implementation of Information and Safety Symbols and Symbolic Signs – AS2342 – 1992.

To facilitate an open and transparent process of managing CCTV schemes, Council should incorporate into its procedures, clear and concise complaint handling systems, as well as protocols for dealing with requests for information from the public or other agencies. Previously adopted systems for complaints and accessing information can be applied but must be checked to ensure consistency with the requirements of the PPIP.

Operational / Asset Management Plan

The development and implementation of a CCTV Policy and any ensuring scheme falls within the scope of Council’s Community Strategic Plan, especially with regards to:

· A Liveable Place (Wellbeing and safety)
The instalment of CCTV cameras in designated areas is intended to help minimise crime rates in those areas which will contribute to an increased level of wellbeing and safety for our community.

· A Leading Organisation (Informed and engaged)
The process involved with planning and implementing any CCTV scheme requires thorough consultation with key stakeholders which will contribute to our community being informed and engaged about Council related matters.

Community Engagement and/or Communications

It is a requirement of the NSW Government Policy and Guidelines for the Establishment and Implementation CCTV in Public Places for the public to be consulted before public surveillance cameras are implemented. A thorough consultation process will increase the likelihood of the CCTV scheme meeting the needs of the local community. It is also likely to increase and prolong public support for the introduction of public surveillance.

Part of the consultation must include the creation and adopting of a Crime Prevention Plan. The implementation of CCTV should not be used as an isolated strategy. The NSW Government Policy and Guidelines for the Establishment and Implementation CCTV in public places will be used as a framework for designing such plans and engaging with relevant stakeholders.

The engagement with the community will involve relevant stakeholders such as residents of the Bega Valley Shire, local business owners/operators, other local, State and Federal agencies, and the Local Area Command Police.

Financial and resource considerations

Resources will be utilised to establish a Crime Prevention Plan in collaboration with various key stakeholders. Thorough procedures must also be drafted and implemented to ensure the system which Council implements is consistent with the requirements of the NSW Government Policy and Guidelines for the Establishment and Implementation CCTV in Public Places.

If this Policy is adopted and a CCTV scheme implemented, further Council resources will be required to manage or coordinate the program. This will involve appointing key personnel to oversee the installation of hardware, collection of video footage, and potential release of information should it be required. Those employees who are assigned responsibility to managing the CCTV system will also require training in how to administer the scheme prior to its implementation.

Any purchase of CCTV cameras would need to be considered as part of Asset Management Plans and strategies, for Council owned assets budgeting requirements. At this stage, no budget has been allocated for purchase of equipment.

Council officer time will be required to undertake consultation with internal and external stakeholders about any proposal to implement a CCTV scheme.

Funding source		Amount
Nil	$	Nil

Options

There is a role for private sector organisations in the provision of CCTV services in public places. This includes the installation, operation and management of such facilities. Council may consider engaging a contractor to manage its CCTV scheme. This option would require Council to engage in a formal tender process under Section 55 of the Local Government Act (1993), as well as the Local Government (Tendering) Regulation 1999.

Conclusion

The objective of implementing a CCTV Policy/scheme in any local government setting, is a strategy to help reduce localised crime and to work together with the community and other agencies to provide a safer environment. CCTV cameras should not be used in isolation; rather, they should be used in conjunction with a holistic crime prevention plan and procedures. Such a plan must be carefully considered and developed in collaboration with relevant stakeholders, and must go through a thorough community consultation process before, during, and after its adoption.

The proposed CCTV Policy is a first step in implementing a CCTV scheme.

Attachments

1. Draft Closed Circuit Television (CCTV) policy

2. NSW Government policy and guidelines for implementing CCTV in public places

Recommendation

1. Approve the Draft Closed Circuit Television (CCTV) Policy to be placed on public exhibition for a period of 28 business days

2. Note a further report will be presented to Council following the conclusion of the public exhibition period seeking formal adoption by Council for this Policy.

Council 26 April 2017

Item 13.7

13.7. Bega Valley Community Service Medallion Award 2017

This report outlines the Bega Valley Community Service Medallion Committee's recommendations for Medallion awardees for 2017 and seeks Council's endorsement of the award recipients.

Executive Manager Organisational Development and Governance

Background

Bega Valley Shire Council has presented Community Service Awards annually since 2000, with a volunteer committee considering nominations and determining award recipients. These awards are known as the Bega Valley Community Service Medallions (the Medallion).

At its meeting of 15 March 2017 Council resolved:

1. That the following persons be accepted as Committee Members of the Bega Valley Community Service Medallion Committee Norma Allen, Cheryl McCarthy and Lori Hammerton and further potential members be identified and recommended to Council ensuring diversity and location across the Shire.

2. That the Committee consider nominations for 2017 Bega Valley Community Service Medallions and provide recommendations for consideration and approval by Council at its next Ordinary meeting, namely April 2017.

The newly formed Medallion Committee met on Thursday 6 April 2017 to consider all nominations for recommendation to Council (see confidential attachments).

Issues

Community Engagement and/or Communications

The Bega Valley Community Service Medallions will be presented as part of the Council Meeting of 17 May 2017 in association with National Volunteer Week. The presentations will be followed by lunch with Councillors, nominators, and a small number of the awardees family and friends.

Financial and resource considerations

Catering will be provided by the Ladies Nursing Home Auxiliary as per normal Council Meeting arrangements.

Funding source		Amount
Organisation Development and Governance Unit	$	600.00

Conclusion

The Medallion Awards have been an important and appropriate way to recognise outstanding volunteering service by members of our Community since 2000.

The newly appointed Bega Valley Shire Community Service Medallion Committee as per the approved Guidelines enables the Committee to made recommendations for Council endorsement for the annual Medallion Awards, therefore continuing this important tradition.

Attachments

1. Confidential Memo _recommendations 2017 medallion award (Councillor Only) (Confidential)

2. Nomination_1 (Councillor Only) (Confidential)

3 . Nomination_2 (Councillor Only) (Confidential)

4 . Nomination_3 (Councillor Only) (Confidential)

5 . Nomination_4 (Councillor Only) (Confidential)

6 . Nomination_5 (Councillor Only) (Confidential)

7 . Nomination_6 (Councillor Only) (Confidential)

Recommendation

1. That Council consider recommendations from the Bega Valley Community Service Medallion Award Committee and determine the 2017 Medallion awardees.

2. That the awardees and their nominators be notified and invited to the Award ceremony on 17 May 2017.

3. That the Medallion Committee be notified of Council's Resolution, and thanked for their participation in the Award process.

Council 26 April 2017

Item 14.1

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

This report details Council’s investments during the month of March 2017

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 Group 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 /Policy

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 officers.

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 and resource considerations

The attached report indicates a current investment portfolio of $54,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	Jan 2017	Feb 2017	Mar 2017
General Fund	$17,294	$17,294	$14,375
Water Fund	$13,486	$13,486	$14,198
Sewer Fund	$20,120	$20,120	$26,327

In addition, there is $ 2,606,525 in uninvested funds in Council’s operating account. There is an additional $4,000,000 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	Total
General Fund	$7,938	$6,437	$14,375
Water Fund	$3,549	$10,649	$14,198
Sewer Fund	$6,370	$19,957	$26,327

The restrictions reported in Table 2 relate to 31 March 2017.

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.

Council 26 April 2017

Item 19.1

19.1. Management of RE1 Zone Open Space Areas - Cr Tapscott

Cr Sharon Tapscott asked a question on notice at the Council meeting held 5 April, 2017

Director Planning and Environment

Question

Cr Sharon Tapscott at the Council meeting held on 5 April, 2017 asked if Council has a policy on how Council manages the RE1 Zone Open Space Areas.

Cr Tapscott asked could Council officers report on the proposal put forward by the North Tura Beach Residents Association (NTBRA) and also advice as to the possible framework that would need to be developed to enter into a Council/community partnership for the specific purpose of achieving an agreed outcome.

The question was taken on notice by the Director Planning and Environment, who has provided the following response.

Answer

The Bega Valley Local Environmental Plan (BVLEP 2013) zones the majority of public reserves across the Shire as RE1 Public Recreation. The objectives of RE1 are:

· To enable land to be used for public open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

The public land in the Bega Valley which is zoned RE1 covers a wide range of sites, features and attributes including: major sporting facilities; local parks and playgrounds; small pocket reserves; beaches; and many other public settings. The RE1 zone applies in this range of settings across NSW from international class sporting complexes to local bushland reserves and everything in between.

At North Tura Beach, in particular, the third objective of RE1 zone is most relevant as the public reserve provides both a natural setting and public access via basic paths, viewing platforms and stairs to a popular local beach. Additionally, in areas nearest private dwellings and public infrastructure (roads/sewerage), asset protection zones (APZs) for bushfire safety are jointly managed by Council and the NSW Rural Fire Service.

The only alternative zone used for public reserves in the Bega Valley (and elsewhere in NSW) is E2 Environmental Conservation; however that zone is quite restrictive and would prohibit or limit even the most basic recreation facilities. Hence RE1 is the most appropriate zone for North Tura Beach reserve and similarly mixed environmental/recreation locations.

In addition, Council has a Community Land - Generic Plan of Management, which covers parks, sport grounds, natural areas and general community land. This generic plan of management covers Council land not Crown lands. The areas in question are a mix of the two. The Plan provides an overarching policy position on what can be done on various parcels of land in line with the Local Government Act 1993 (NSW).

The sites in question (part of the Tura Head Coastal Reserve and Dolphin Cove Reserve) are specifically included in the plan and listed as Natural Area Bushland. Each category of land (in this case Natural Area Bushland) has core objectives under the Act outlined in the Plan.

The Plan states:

"The core objectives for management of land categorised natural area bushland as set out in section 36J of the Act are as follows-

(a) to ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land, and

(b) to protect the aesthetic, heritage, recreational, educational and scientific values of the land, and

(c) to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbances caused by human intrusion, and

(d) to restore degraded bushland, and

(e) to protect existing landforms such as natural drainage lines, watercourses and foreshores, and

(f) to retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, and

(g) to protect bushland as a natural stabiliser of the soil surface."

The Plan lists permitted uses on Natural Area Bushland as follows:

A. Informal recreation and the construction of facilities to cater for these activities;

B. Approved environmental rehabilitation projects requiring ecological restoration activities associated with the protection and conservation of flora and fauna.

C. Establishing, enhancing and maintaining vegetation to provide:

a) a windbreak;

b) enhanced scenic value or visual screening;

c) habitat for native wildlife;

d) a suitable buffer for the protection of neighbouring watercourses or wetlands.

D. Fire hazard reduction in accordance with the BFRMP or Council Reserve Bushfire Hazard Reduction Program and statutory regulations

Council has received a number of proposals and correspondence expressing a range of opinions on the current and future management of the North Tura Beach public reserve.

Officers from the Environmental Services Team and the Leisure and Recreation Team propose to arrange a drop-in community session similar to that held for the public reserves at Eden Cove a couple of years ago. Following the drop-in session, a report will be presented to Council for consideration.

Attachments

Nil

Council	26 April 2017
*Item 10.1 - Attachment 1*	Theatre Twyford Project - Request for Council support - Twyford Hall Inc

Council	26 April 2017
*Item 10.4 - Attachment 1*	Community Project Proposal Summary 26 April 2017

Council	26 April 2017
*Item 11.1 - Attachment 1*	Draft Terms of Reference TILG

Council	26 April 2017
*Item 11.2 - Attachment 1*	Request from Tulgeen - 11 August 2016

Council	26 April 2017
*Item 11.2 - Attachment 2*	Request from Tulgeen - 21 February 2017

Council	26 April 2017
*Item 11.2 - Attachment 3*	Plan of Subdivision - Taronga Crescent land

Council	26 April 2017
*Item 11.2 - Attachment 4*	Council Report - 28 September 1999

Council	26 April 2017
*Item 11.2 - Attachment 5*	Copy of Restriction

Council	26 April 2017
*Item 11.2 - Attachment 6*	Council Report - 16 December 2015

Council	26 April 2017
*Item 12.2 - Attachment 1*	Power Line Design Electricity Infrastructure Report Merimbula CBD

Council	26 April 2017
*Item 12.3 - Attachment 1*	Historical information on the Baddeley family.

Council	26 April 2017
*Item 12.4 - Attachment 1*	Council report 28 May 2014

Council	26 April 2017
*Item 12.4 - Attachment 2*	Registered Deposited Plan 1211012

Council	26 April 2017
*Item 13.1 - Attachment 2*	Electoral Commission NSW invoice for the Local Government Election held on 10 September 2016

Council	26 April 2017
*Item 13.2 - Attachment 1*	05/04/2017 draft related party disclosures policy

Council	26 April 2017
*Item 13.4 - Attachment 1*	Oustanding Council Actions 1 January to 31 March 2017

Council	26 April 2017
*Item 13.4 - Attachment 2*	Completed Council Actions 1 January 2017 to 31 March 2017

Council	26 April 2017
*Item 13.5 - Attachment 1*	Corporate risk heat map and summary

Council	26 April 2017
*Item 13.6 - Attachment 1*	Draft Closed Circuit Television (CCTV) policy

Council	26 April 2017
*Item 13.6 - Attachment 2*	NSW Government policy and guidelines for implementing CCTV in public places

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

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary 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 Urgent Business

8 Adjournment to Standing Committees

Recommendation

9 Staff Reports – Planning and Environment (Sustainability)

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

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

12 Staff Reports – Infrastructure Waste and Water (Accessibility)

13 Staff Reports – Governance and Strategy (Leading Organisation)

14 Staff Reports – Finance (Leading Organisation)

15 Adoption of Reports from Standing Committees

Recommendation

16 Delegates Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council

26 April 2017

Staff Reports –Planning And Environment (Sustainability)

26 April 2017

9.2. Cities Power Partnership - Climate Council

Background

Issues

Legal /Policy

Strategic

Environmental / Sustainability

Community Engagement and/or Communications

Financial and resource considerations

Conclusion

Attachments

Recommendation

Staff Reports – Community, Culture and Leisure (Liveability)

26 April 2017

Council

26 April 2017

Staff Reports – Economic Develoment and Business Growth (Enterprising)

26 April 2017

Council

26 April 2017

Staff Reports – Infrastructure Waste And Water(Accessibility)

26 April 2017

Council

26 April 2017

Staff Reports – Governance And Strategy (Leading Organisation)

26 April 2017

Staff Reports – Finance (Leading Organisation)

26 April 2017

18.1. Cr Robyn Bain - Jack Martin Reserve Pambula

Background

Cr Robyn Bain asked in relation to the Jack Martin/Pambula Recreation Ground.

The question was answered by the Director, Community Relations and Leisure.

Council	26 April 2017
*Item 14.1 - Attachment 1*	Certificate of Investment

Council	26 April 2017
*Item 14.2 - Attachment 2*	Procedure 4.07.1 Council Responsibility Water Supply and Meters

Council	26 April 2017
*Item 14.2 - Attachment 3*	Procedure 4.07.4 Water Usage Charges