Agenda of Council - 28 June 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

28 June 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 7 June 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 Michael Skitt - regarding Confirmation of the Minutes of the Meeting held 7 June 2017 10

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 and that the Governance Reports Items 13.1 to 13.5 be heard first on the Agenda.

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 Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo 12

9.2 Bega, Tathra, Jellat & Kalaru Planning Proposal......................................................................... 36

9.3 Finalisation of Amendment to Local Environmental Plan 2013 - Merimbula, Pambula & Eden Planning Proposal........................................................................................................................................ 44

9.4 Community Environment Grants Recommendations 2017-18............................................... 61

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 Tathra Headland Walking Path - Concept Design...................................................................... 72

10.2 Tertiary Scholarships 2017........................................................................................................... 79

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 Request for Financial Support: Funding Application to the Australian Government's Incubator Support Program........................................................................................................................................ 82

11.2 Bega Saleyards Lease..................................................................................................................... 84

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 Drinking Water Fluoridation - Community Information Program Update........................... 100

12.2 Waste Strategic Working Group Member Endorsement...................................................... 107

12.3 Bega Valley Local Traffic Committee......................................................................................... 112

12.4 RFT 10007901 Bemboka Water Treatment Plant Design and Construction Contract...... 113

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 Adoption of draft Community Strategic Plan, Resourcing Strategy, and Disability Inclusion Action Plan..................................................................................................................................................... 116

13.2 Adoption of Draft Delivery Program 2017 - 2021 and Operational Plan 2017 - 2018 , Annual Budget 2017 - 2018, Fees and Charges 2017-18 and Making of the Rates and Charges for 2017 - 2018. 175

13.3 Councillor and Mayoral Fees (Section 241 Local Government Act).................................... 184

13.4 Appointment of Delegates to attend Conferences 2017/18................................................ 211

13.5 Licence Agreement to Tathra Beach Bowling Club................................................................ 214

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 224

14.2 Quarterly Budget Review March quarter 2017...................................................................... 228

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 Councillor Reports

16.1 Canberra Regions Joint Organisation (CBRJO) Meeting 30 and 31 May 2017................... 253

17 Rescission/alteration Motions

17.1 Pretty Point Bridge Truss Replacement - Item 12.2 resolved 23rd November 2016 .... 258

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 260

21.1 Bega Lands

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

21.2 Tender Assessment - Contracts for Management and Operation of BVSC Seasonal Pools

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 28 June 2017

Item 9.1

9.1. 2017.34 Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo

Director Planning and Environment

Applicant	Robert and Cindy-Lea Jory
Owner	As above
Site	Lot 31 DP 106526 – 15 Mynora Lane, Cobargo
Zone	RU1 Primary Production
Site area	9.86 hectares
Proposed development	Staged Construction of an Animal Boarding Establishment for dogs and cats

Precis

Council is in receipt of a Development Application (DA) for the construction and operation of an animal boarding establishment for dogs and cats at 15 Mynora Lane, Cobargo.

The DA was publicly notified with a total of eight (8) submissions received raising objections to the proposal.

The DA is recommended for approval subject to conditions.

Description of the proposal

The DA seeks approval for the construction and operation of an animal boarding establishment for dogs and cats in two stages. Stage 1 would comprise the construction of an 18m long by 9m wide shed to accommodate 12 dogs; a small area for cats; and a reception, laundry, kitchen and toilet areas (see Attachment 3 – Floor Plan).

Stage 2 would comprise the construction of a 9m wide and 18m long shed to accommodate an additional 12 dogs (see Attachment 4 – Floor Plan).

In total the development when completed would cater for up to 24 dogs at any one time.

The proposal includes cut and fill works to accommodate the sheds and associated exercise areas. A 2.4m (minimum height) earthen barrier screen is to be erected along the southern and southwestern side of the boarding establishment (see Attachment 5 – Site Layout Plan).

The proposed hours of operation for pick up/drop off of animals is 9.00am to 11.00am and 3.00pm to 5.00pm, 7 days a week, or by appointment if required outside these times. The applicant has detailed that an area would be provided to accommodate 10 cars.

Description of the site

The site is described as Lot 31 DP 106526 and is located at 15 Mynora Lane, Cobargo approximately 2.7 kilometres south of the Cobargo Village (see Attachment 1 – Locality Plan). The allotment is 9.86 hectares in area, with access via an existing entrance off Mynora Lane.

The land is undulating in topography, with an intermittent drainage line and large dam located centrally within the lot. The site retains an existing residence and shed, with the majority of the land clear of vegetation. The location of the proposed boarding kennels is free of vegetation.

The site is located within an established rural area, generally utilised for the grazing of livestock. There are a number of smaller rural residential sized allotments adjoining the site that accommodate single dwellings and associated structures including sheds. There is also farm stay accommodation located approximately 140 metres to the north-east of the site and Bega Valley Berry Farm, located approximately 650 metres to the east of the site (see Attachment 2 – Aerial Image).

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Council officers have highlighted the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer's Section 79C Assessment will be available at the meeting.

Zoning

The land is zoned RU1 Primary Production and Animal Boarding Establishments are permissible in the zone subject to Development Consent.

The objectives of the RU1 zone are as follows;

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To encourage diversity in primary industry enterprises and systems appropriate for the area.

· To minimise the fragmentation and alienation of resource lands.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To encourage development for tourism-related activities and other development that is compatible with agricultural activities, which will not adversely affect the environmental and cultural amenity of the locality.

· To maintain and protect the scenic value and rural landscape characteristics of land in the zone.

In assessing the DA, Council officers conclude the development is not inconsistent with the objectives of the RU1 Primary Production zone.

Issues

The assessment of the DA and public submissions has identified the key issue as the potential noise impact. The other issues raised during exhibition of the DA are discussed in the submissions section of this report.

Noise

The proposed development, if approved, would result in a total of 24 kennels and attached exercise yards each capable of housing a dog. When the applicant attended a pre-DA lodgement Development Advisory Panel meeting potential noise impacts generated by dog barking, and impact on adjoining residences, was discussed. The applicant was advised that any development application submitted to Council would need to include a noise report.

An Environmental Noise Impact Assessment report, prepared by acoustic consultants, was submitted with the application.

The report assesses the proposed development against the EPA’s Industrial Noise Policy 2000 and Noise Guide for Local Government - Sleep Disturbance.

The report concludes that provided the recommendations are implemented and adhered to that the level of noise emission from the proposed development will meet the EPA’s noise level requirements.

The recommendations relate to;

· Kennel building construction

· Sound barrier screening

· Noise management plan

Council Building Services Coordinator has reviewed the report and concurs with the conclusion and recommendations of the report.

The recommendations require the operator to comply with a strict management regime for the proposed kennels.

In the circumstances it is considered reasonable that, prior to the commencement of stage 2 of the development, a report be received from a suitably qualified noise consultant verifying that noise emissions are in accordance with the EPA’s noise level requirements. The report should also recommend any works or practices to be implemented, and outline further opportunities, to mitigate noise emissions generated by the existing stage 1 development and proposed stage 2.

Submissions

The DA was placed on exhibition for a period of 14 days from 10 February 2017 until 24 February 2017. A total of eight (8) submissions were received in relation to the proposed development. A copy of all submissions will be available at the meeting.

The key issues raised in submissions are discussed below followed by Council officer comment.

Level of information - concerns were raised stating there are inconsistencies in the reporting on this proposal that leave the development indeterminable and many things need clarification and perhaps adjustment to make sense at all.

Comment: The application and supporting information has detailed the expected impacts the development would have on the surrounding area, including noise, effluent management, traffic generation and general operational aspects of the facility. The application also recommends measures to be implemented to mitigate potential impacts associated with noise and effluent disposal.

It is considered the level of information supplied with the DA is suitable to assess the issues relating to the proposed development.

Noise – concerns with the acoustic report which states that noise levels will comply with the guidelines. Submissions strongly object to 24hr barking from 24 dogs plus the applicants own dogs already on-site. Closing all doors and windows at night in extremely hot weather is tantamount to animal cruelty. North-westerly winds will also exacerbate noise levels.

Comment: The site is situated within a rural/rural residential setting with adjoining land uses utilised for the grazing of livestock with dwellings on lots ranging in area from 2 hectares up to 10 hectares. The nearest affected residences are approximately 100 and 200 metres respectively. The design of the kennels provide outside runs, although dogs would not be permitted outside during the night.

As previously identified, the applicant provided a Noise Assessment Report from a specialist consultant which identified the potential noise impacts from the facility, including dogs barking while outside in their pens during the day and from within their kennels at night. The report identified that predicted noise on nearby residences could be mitigated through appropriate kennel construction, sound barrier screening and ongoing management techniques.

The NSW Department of Primary Industries (DPI) Animal Welfare Code of Practice No 5 – Dogs and Cats in Animal Boarding establishments details that noise from barking dogs must be managed to comply with noise regulations and may be reduced using the following methods:

• Siting kennels so that they do not face each other

• Limiting external stimulation, eg. by partitioning between kennels or using blinds

• Holding dogs singly or in compatible pairs

• Turning lights off after feeding.

Appropriate design of the kennels would limit the intrusive sound of barking dogs at the nearest affected residences. The design and proposed management of the facility is consistent with the provisions relating to noise under the NSW DPI Animal Welfare Code of Practice No 5 – Dogs and Cats. An appropriate Noise Management Plan is included with the acoustic report.

It is recommended that any advertising sign proposed for the site, include the phone number of the owner/operator, so if there is a complaint concerning dogs barking from the site, then they can be contacted to take immediate action.

Animal Control/Waste - concern that there was nothing on the plans for an animal isolation area for dogs/cats that maybe diseased. Further, submissions detailed concerns regarding the lack of information regarding animal welfare in relation to climate control for kennels and no clear plan for waste disposal, controlling run off from the large roof area or management of odour.

Comment: The applicant detailed all solid wastes would be collected and taken to Council’s waste depot, while liquid wastes would be disposed through an on-site effluent disposal system. The proper management of wastes on-site would ensure that the adjoining premises would not be impacted upon by any odours that would be generated by the kennels.

The NSW DPI Animal Welfare Code of Practice No 5 – Dogs and cats in animal boarding establishments details various requirements for the health care of dogs and cats attending a kennel including requirements for vaccinations, need for ongoing supervision of animals and provision of veterinary care for sick animals. The guidelines also detail a full list of requirements for animal welfare, including climate control, kennel construction and operation through to waste disposal.

The applicant responded to these concerns and detailed what steps would be undertaken for maintaining animal welfare for dogs and cats while on-site. It is considered the applicant has demonstrated a reasonable level of information to ensure that animal control and waste would be adequately managed on-site.

Conditions have been included in the draft consent addressing waste control, including all solid wastes to be suitably stored on-site before being taken to Council’s waste depot, liquid wastes to be disposed of via an on-site effluent disposal system and all stormwater from roof areas to be appropriately managed on-site.

Zoning - the land is zoned Primary Production and that the proposed development would neither fit the dictionary nor the Tax Office definition of that term.

Comment: The use is defined as an Animal Boarding Establishment under the Bega Valley Local Environmental Plan 2013. Animal Boarding and Training Establishments are permissible within the RU1 zone subject to development consent. The proposed development has been assessed in terms of the objectives of the RU1 zone and is considered (with recommended mitigation measures) not to be inconsistent with those objectives.

Amenity and property values - concerns that the proposed development would badly affect the visual and lifestyle amenity of the area and as a result impact on the property values of adjoining properties.

Comment: The development would require some earthworks to accommodate the building on one level. The earthworks would generally screen the complex from the north east through to the south east and would include an earthen bund as identified in the noise assessment report.

The applicant also proposes to undertake landscaping to screen the kennel complex from the adjoining road and premises to the east. The development would generate additional traffic in the immediate area however it is considered the existing amenity of the area would be largely maintained.

Bushfire Risk - one submission raised the risk of bushfire as something that the applicant appears to have given no thought.

Comment:

The development was assessed having regard to the provisions of the Planning for Bushfire Guidelines 2006. The proposed boarding facility is consistent with the objectives of those guidelines with vegetation well maintained over the site; the proposed structure would be built from non-combustible materials, there is ready availability to a water supply located on the site; and there is suitable access from the Princes Highway.

Extra traffic/road safety/Dust generation – concerns that Mynora Lane is a short No Through gravel road with minimal traffic. Submissions identified that potentially, with full occupancy of 34 animals there may be up to 136 vehicle movements to the site per day. The only access to Mynora Lane is via Glisson Watson Road which is utilised by young children on bikes and horse riders. Additional traffic would generate additional dust for residents along these roads.

Comment: Council’s development engineer reviewed the development application and accompanying Traffic and Parking Impact Report and has provided the following comments:

The property has a gravel access off Mynora Lane and the entrance does not require upgrading for the proposed development.

Traffic Generation figures for boarding kennels do not exist in the RTA Guide to Traffic Generating Developments Guidelines. The applicant’s Statement of Environmental Effects included a traffic report which suggested that 1 vehicle movement in and 1 vehicle movement out per animal be applied to the maximum animal capacity per day, i.e. 34 in + 34 out = 68 vehicles per day/animal total. The application suggests that the majority of vehicle movements to the property will be between 9-11am and 3-5pm and at other times by appointment. This impact is not a significant increase in traffic volume and it is expected that the “No Through Road” Mynora Lane can easily accommodate this potential increase in traffic.

The application suggests that 10 car parking spaces be provided within the property for patrons. This is a reasonable proposal, however it is not illustrated on the site plan/landscape plan as 10 car parking space will command a gravel area 25m x 6m adjacent to a driveway. It is unlikely that this total area will fit within the earth mound border area, adjacent to the boarding building. However conditions will be prepared requiring the developer to provide the 10 car space car park onsite.

Based on this advice it is considered the proposed access, traffic generation estimates and carparking requirements have been adequately addressed and the current road system is adequate to cater for the proposed development. Draft conditions are proposed regarding the internal access and carparking construction.

In relation to dust generated by additional traffic along Glisson Watson Road and Mynora Lane, there are currently three dwellings located off these roads between the Princes Highway and the development site. These dwellings are located approximately 35 metres up to 80 metres from the road. The setbacks of these dwellings are consistent with rural road setbacks that not only maintain the rural amenity, but also minimise the effects of dust generated by any traffic traversing gravel roads.

It is considered the setbacks of the existing dwellings are suitably located as to not be unreasonably affected by the additional dust generated by this development along Glisson Watson Road and Mynora Lane.

Conclusion

The proposal is for an animal boarding establishment for up to 24 dogs and a small number of cats. As part of the assessment of the proposal the potential for noise emission from barking dogs has been identified as a key consideration. The DA included an Environmental Noise Impact Assessment report. The report concluded that subject to the implementation of the recommendations of the report the proposal would meet the EPA’s noise level requirements.

The issues raised in the submissions have been addressed by Council officers and is considered are able to be addressed through appropriate conditions of consent

The DA is recommended for approval subject to conditions.

Attachments

1 . Attachment 1 - Locality Plan

2 . Attachment 2 - Aerial Image

3 . Attachment 3 - Stage 1 Floor Plan

4 . Attachment 4 - Stage 2 Floor Plan

5 . Attachment 5 - Site Layout Plan

6 . Attachment 6 - Draft Consent

Recommendation

1. That Development Application 2017.34 for the erection and operation of an animal boarding establishment on Lot 31 DP 1060526, 15 Mynora Lane Cobargo, be approved subject to the draft consent included as Attachment 6.

2. That those persons who made submissions be advised of Council’s decision.

Council 28 June 2017

Item 9.2

9.2. Bega, Tathra, Jellat & Kalaru Planning Proposal

This report provides an update on progress towards finalisation of the draft Planning Proposal and recommends removing the Tathra River Estate site from the Proposal.

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 NSW Department of Planning and Environment and further investigation by Council officers, a Planning Proposal was prepared for five sites that are the subject of this report.

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

“1. That in respect of the five deferred sites included in the draft Planning Proposal, Council resolves the following:

a) Finucane Lane, Bega Lot 10 DP 1162109; apply R5 zoning and minimum lot size of 2 hectares

b) Princes Highway, Bega Part Lot 4 DP 1077434, Part Lot 2432 DP 793758 and Lot 1510 DP 1077898; apply R5 zoning and minimum lot sizes of 1 hectare and 3 hectares

c) D’Arcy Lane, Jellat Jellat Lot 5210 DP 807872, Lot 3 DP 735201 and Lot 51 DP 740926; apply E4 zoning and minimum lot size of 2 hectares

d) Tathra River Estate, Thompsons Drive, Tathra Lot 2 DP 582074; apply R5, E2 and RE1 zonings and minimum lot size of 1 hectare (R5)

e) Sapphire Coast Drive, Kalaru Lots 21 & 22 DP 816824 and Lots 2 & 3 DP 249834; apply E4 zoning and minimum lot size of 2 hectares

2. That the Bega – Tathra Deferred Matters Sites Planning Proposal with minor changes to correct typographical errors be forwarded to the Department of Planning and Environment for Gateway Approval to place on public exhibition

3. Following public exhibition a further report be presented to Council summarising the results of the public exhibition period

4. Should no public comment be received during the public exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without further reports to Council”

A further report was presented to the meeting of 14 December 2016, to confirm the proposed lot size for Tathra River Estate following inconsistencies identified in the draft Planning Proposal. Council resolved:

1. That Council advise the Department of Planning and Environment that it confirms its previous Resolution with regard Tathra River Estate as follows:

a) Tathra River Estate, Thompsons Drive, Tathra Lot 2 DP 582074; apply R5, E2 and RE1 zonings and minimum lot size of 1 hectare (R5)

On 27 January 2017, the Department of Planning made a Gateway Determination to allow the proposal to be publicly exhibited for a period of 28 days as shown in the following figures.

a) Lot 10 DP 1162109 - Finucane Lane, Bega

Figure 1: Proposed Zones

Figure 2: Proposed Minimum Lot Size

b) Part Lot 4 DP 1077434, Part Lot 2432 DP 793758 and Lot 1510 DP 1077898 - Princes Highway, Bega

Figure 3: Proposed Zones

Figure 4: Proposed Minimum Lot Size

c) Lot 5210 DP 807872 - D’Arcy Lane, Jellat Jellat

Figure 5: Proposed Zones

Figure 6: Proposed Minimum Lot Size

d) Lot 2 DP 582074 - Tathra River Estate, Thompsons Drive, Tathra

Figure 7: Proposed Zones

Figure 8: Proposed Minimum Lot Size

e) Lots 21 & 22 DP 816824 and Lots 2 & 3 DP 249834 - Sapphire Coast Drive, Kalaru

Figure 9: Proposed Zones

Figure 10: Proposed Minimum Lot Size

Consultation

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

Eight submissions were received, all relating to Tathra River Estate. As part of the analysis of these submissions, there have been discussions between the landowner and their consultants and Council officers regarding the extent of the R5 zone. However discussions are ongoing and as such, it is proposed to separate Tathra River Estate from this Planning Proposal in order to allow the remaining four sites to proceed to finalisation.

Analysis of the eight submissions pertaining to Tathra River Estate will be presented to Council at a future meeting, following further officer assessment of that site.

Conclusion

During the public exhibition period there were no submissions received concerning the two Bega sites, the Jellat site and the Kalaru site. It is recommended these four sites proceed to finalisation with the Department of Planning, with no changes being made to the zones and minimum lot sizes as publically exhibited.

It is proposed to extract the Tathra River Estate site from this Planning Proposal and bring forward a further report for Council’s consideration following completion of discussions with the landowner regarding the extent of proposed residential zones on the site. This report will include a summary and analysis of the eight public submissions received during the public exhibition.

Attachments

Nil

Recommendation

1. That Council resolve to apply zoning and minimum lot size controls to the four sites for which no submissions were received as follows:

a) Lot 10 DP 1162109 - Finucane Lane, Bega

R5 Large Lot Residential Zone with Minimum Lot Size of 2 Hectares.

b) Part Lot 4 DP 1077434, Part Lot 2432 DP 793758 and Lot 1510 DP 1077898 - Princes Highway, Bega

R5 Large Lot Residential Zone with Minimum Lot Sizes of 1 and 3 Hectares.

c) Lot 5210 DP 807872 - D’Arcy Lane, Jellat Jellat

E4 Environmental Living Zone with Minimum Lot Size of 2 Hectares.

d) Lots 21 & 22 DP 816824 and Lots 2 & 3 DP 249834 - Sapphire Coast Drive, Kalaru

E4 Environmental Living Zone with Minimum Lot Size of 2 Hectares.

2. That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 25) for sites listed above in 1 a) – d), in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

3. That Tathra River Estate be the subject of a separate Planning Proposal and a further report on that matter be presented to Council for consideration.

Council 28 June 2017

Item 9.3

9.3. Finalisation of Amendment to Local Environmental Plan 2013 - Merimbula, Pambula & Eden Planning Proposal

This report details the results of the public exhibition of the Merimbula, Pambula and Eden Planning Proposal and provides recommendations on zonings and minimum lot sizes for each site.

Director Planning and Environment

Background

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

Following ongoing discussions with the NSW Department of Planning and Environment, along with 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 in respect to the nine deferred sites included in the draft Planning Proposal, Council resolves the following:

a) Merimbula Drive, Merimbula Part Lot 1882 DP 1014185; apply E4, E3 and E2 zonings and minimum lot sizes of 1 hectare (E4), 2 hectares (E4) and 10 hectares (E3).

b) Boggy Creek Road, Millingandi Lot 5431 DP 1041710; apply E4 zoning and minimum lot size of 2 hectares.

c) Oregon Street, Pambula Lot 529 DP 1007936, Lots 1-3, 16-19 Section 45 DP 758825 and Lots 1-4, 19-22 Section 46 DP 758825; apply E3 zoning and minimum lot size of 120 hectares.

d) Bega Street, Pambula Lots 1 & 2 DP 68708, Lots 102 & 103 DP 734647, Lots 16-22 DP 792850, Lots 10-13 DP 1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP 758825, Lot 1 DP 198435, Lot 23 DP 803543, Lots 8 & 9 DP 997160 and Lot 10 DP 734647; apply R5 and E4 zonings and minimum lot sizes of 2,000sq/m (R5) and 5,000sq/m (E4).

e) Oaklands Road, Pambula Lots 441 & 442 DP 1077278, Part Lot 381 DP 1027113, Part Lot 45 DP 807327 and Lots 431-433 DP 1152077, Lot 434 DP 1152077; apply E4 and RU2 zonings and minimum lot sizes of 1 hectare (E4) and 120 hectares (RU2).

f) Mount Darragh Road, Lochiel Lot 384 DP 1062442; apply E4 zoning and minimum lot size of 4 hectares.

g) Mount Darragh Road, South Pambula Lot 302 DP 749405; apply R5, E4 and E3 zonings and minimum lot sizes of 3,000sq/m (R5), 5,000sq/m (E4) and 7 hectares (E3).

h) Princes Highway, Griegs Flat Lot 102 DP 1108395; apply E3 and E2 zoning and minimum lot sizes of 5 hectares (E3) and 20 hectares (E3).

i) West Street, Eden Lot 128 DP 750205; apply RU2 zoning and minimum lot size of 120 hectares.

The above Resolution is summarised in the following table and figures.

Property	Current Zone	Proposed Zone	Estimated potential maximum additional lot yield
Merimbula Drive, Merimbula	7(d) Environmental Protection General and 2(c) Residential Tourist	E2 Environmental Conservation, E3 Environmental Management and E4 Environmental Living	10
Boggy Creek Road, Millingandi	1(a) Rural General	E4 Environmental Living	0
Oregon Street, Pambula	1 (a) Rural General	E3 Environmental Living	0
Bega Street, Pambula	2 (f) Future Urban	R5 Large Lot Residential E4 Environmental Living	0
Oaklands Road, Pambula	1(a) Rural General	E4 Environmental Living and RU2 Rural Landscape	3
Mount Darragh Road, Lochiel	1(a) Rural General	E4 Environmental Living	2
Mount Darragh Road, South Pambula	1(a) Rural General	R5 Large Lot Residential E4 Environmental Living E3 Environmental Management	11
Princes Highway, Griegs Flat	1(a) Rural General Zone, 1(c) Rural Residential and 7(b) Environmental Protection Foreshore	E2 Environmental Conservation, E3 Environmental Management	1
West Street, Eden	2(e) Urban Zone	RU2 Rural Landscape	0

Site 1: Merimbula Drive, Merimbula

Figure 1: Merimbula Drive Proposed Zoning and Lot Sizes

Figure 2: Merimbula Drive Draft Subdivision Layout

Site 2: Boggy Creek Road, Millingandi

Figure 3: Proposed Zoning

Figure 4: Proposed Minimum Lot Size

Site 3: Oregon Street, Pambula

Figure 5: Oregon Street: Proposed Zoning

Figure 6: Oregon Street: Proposed Minimum Lot Size

Site 4: Bega Street, Pambula

Figure 7: Bega Street: Proposed Zoning

Figure 8: Bega Street: Proposed Lot Size

Site 5: Oaklands Road, Pambula

Figure 9: Oaklands Road, Pambula: Proposed Zones

Figure 10: Oaklands Road, Pambula: Proposed Lot Sizes

Site 6: Lochiel

Figure 11: Mount Darragh Road, Lochiel: Proposed Land Use Zones

Figure 12: Mount Darragh Road, Lochiel: Proposed Lot Size

Site 7: Mount Darragh Road, South Pambula

Figure 13: Mount Darragh Road, South Pambula: Proposed Land Use Zones

Figure 14: Mount Darragh Road, South Pambula: Proposed Lot Sizes

Site 8: Greigs Flat

Figure 15: Princes Highway, Griegs Flat: Proposed zones

Figure 16: Princes Highway, Griegs Flat: Proposed minimum lot sizes

Site 9: West Street, Eden

Figure 17: West Street, Eden: Proposed Land Use Zones

Figure 18: West Street, Eden: Proposed Minimum Lot Sizes

Consultation

The Planning Proposal was exhibited between 8 March and 7 April 2017, during which time affected property owners and adjacent landowners were notified as well as relevant Government agencies. Notices were also placed in all local newspapers across the Bega Valley Shire.

SUBMISSIONS

One (1) public submission was made in relation to the planning proposal. The submission is summarised in the table below.

Concern	Staff Response
Site 1 Part Lot 1882 DP 1014185 Merimbula Drive, Merimbula
Rezoning leading to future development may pose significant risk to Merimbula Lake’s water quality and adjacent Priority Oyster Aquaculture Areas due to the presence of ‘Yellow Pinch ‘ soils and significant steep slopes on property	This is a legitimate concern due to previous issues on neighbouring properties that resulted in severe impact on aquaculture operations including the failure of the Lakewood Drive dam. The combination of slope and soil type on this site place any development on this site in the high risk category. Any future development approvals will require stringent soil and water management controls and best practice onsite sewage management systems.
Degradation of the ecological integrity of Boggy Creek.	The mouth of Boggy Creek has experienced significant sedimentation due to inputs of sediment from the Millingandi and Boggy Creek catchments, resulting in a loss of oyster farming infrastructure and useable oyster lease areas. The presence of an existing dam and significant vegetated buffers on the two major drainage lines should ensure that any sediment mobilised during construction does not reach the lake.
No supporting evidence to justify the rezoning from E3 / E2 to a mix of E3/ E4 / E2 with a reduction in lot size from 40ha.	The site was exhibited as an E3 zone with a 40ha minimum, based on the previous LEP 2002 zoning of 7(d) Environmental Protection. The original submission received in 2011 suggested a draft lot yield of 14 lots. However following discussion with Council officers, a revised 10 lot potential layout was submitted (as depicted in Figure 2 of this report) and is the basis for the draft minimum lot sizes as exhibited in this planning proposal. The site has access to sealed internal roads, town water and power. Detailed Flora and Fauna, OSSM and a revised bushfire report would be required as part of the assessment of any future subdivision application for this site.
Unsuitable location of proposed Lot 10 given the steep slope, acidic soils and close proximity to Merimbula Lake and the existing dam	Council officers have reviewed the proposed zonings having regard to the issues raised in the submission and re-assessed the suitability of the land for future subdivision and development. On review, officers have particular concerns regarding proposed Lot 10 and the adjoining lots 9 and 8. All three lots sit east of the main access road and have slopes ranging from moderate to extreme. The clearing required for APZ’s on these lots would likely result in the removal of the majority of vegetation. The steep nature of the blocks, observed geology and proximity to drainage line and Merimbula lake may make effluent disposal difficult.
Cumulative impacts on Merimbula Lake of the continued development stretching from Lakewood Dr, Bellbird Estate through to this site. Particular concern around erosion and sediment control, stormwater management and use of local rainfall data to inform modelling undertaken for this site.	Cumulative impact is a key concern for officers and is highlighted in strategic documents such as Estuary Management Plans. The development of the northern shore of Merimbula lake (Top lake) has occurred over the last 30 -40 years and there has been limited monitoring or assessment of the cumulative impact of these developments on Merimbula Lake. Cumulative impacts of the subject site relate primarily to the vegetation clearing required for APZ’s, soil and water management, effluent management and aesthetic impacts. Any future DA for this site should consider the issue of cumulative impact and demonstrate a neutral impact on the existing ecological health of Merimbula lake.
*Responding to the Bega Valley Shire Community’s Values Through Appropriate Zoning and* Development** ‘2040 Community Strategic Plan – Understanding Our Place’ and IRIS Community survey clearly identified the importance of healthy estuaries to the community for aesthetics, economics and intrinsic environmental value. The ‘Understanding Our Place’ survey revealed that the ‘natural environment’ is by far the most important characteristic of the Bega Valley Shire which distinguishes it from other Shires, and more specifically, that the ‘coast, beach and sea’ is one of the top two characteristics valued by the community shire-wide In the IRIS Report 97% of the 755 respondents rated ‘Maintaining healthy and clean waterways’ as the most important environmental service that BVSC provides for the community. BVSC has previously responded to these community values through its long-standing commitment and investment in programs which support healthy estuaries and the industries and communities that rely on them e.g. ‘Estuary (now Coastal) Management Program’ and ‘Love Our Lakes’ Program (albeit no longer functioning). This Planning Proposal provides BVSC with the opportunity to directly respond to the community by ensuring their regional planning and development is aligned with these values and previous commitments. By ensuring the zonings and future development occurs in the appropriate areas, Council can practically demonstrate their foresight and genuine commitment to protecting the waterways of the Sapphire Coast and the future of their communities and businesses that rely on these.	This is a key consideration for Council in ensuring that strategic planning decisions not only comply with legislation, but also reflect the broader community’s established values and vision for any particular location and the Shire as a whole. Bega Valley Shire Council has been a leader in estuary management for over 20 years, with Merimbula lake being one of the first estuaries in NSW to have an adopted Estuary Management Plan in 1997. A key objective of the “Love our Lakes” program is to demonstrate the importance of our estuaries to the Shire’s economic, social and recreational fabric over and above traditional environmental considerations. The high value our community places on the ongoing health and protection of our estuaries was reflected in the application of the E2 foreshore zonings in the BVLEP 2013 and the application of E3 zonings in the catchments of our sensitive lakes and lagoons. Recent development applications close to the lake have attracted a high degree of community and oyster industry interest and has highlighted how engaged the local community is in the protection of Merimbula Lake. As such it is considered vital the zoning and ultimately the development of this site reflect the wider strategic direction of Council with respect to coastal zone planning and management and our community’s clearly articulated values regarding our coast and waterways.
Site 8 Lot 102 DP 1108395 Princes Highway, Greigs Flat
Size of the proposed E2 zone	The proposed amendment to the exhibited E2 zone represents a minor reduction in the width of the zone to accommodate an existing boat shed and to follow the boundary of an existing Conservation Agreement that is in place on the Title of this property. This property has undergone extensive revegetation and rehabilitation of the foreshore and wetlands.

Agency Consultation as required by the Gateway Determination:

Agency	Response of Agency (21 days to comment)
Rural Fire Service	Site 1 – Planning proposal is not supported without the preparation of a bushfire study addressing requirements of S117 - 4.4 Direction and Planning for Bushfire Protection 2006. Site 2 – No objection. Site 3 – No objection. Site 4 - No objection. Noted any future subdivision or development will require the provision of a perimeter road between urban bushland interface to the north. Site 5 - No objection. Site 6 - No objection. Noted any future subdivision or development will have to demonstrate compliance with Planning for Bushfire Protection 2006. Site 7 - No objection. Noted any future residential development will likely be required to be located within 200m of Mount Darragh Road to comply with access provisions of Planning for Bushfire Protection 2006. Site 8 - No objection. Noted any future development will likely be required to be located within 200m of Princes Highway and have to demonstrate compliance with access provisions of Planning for Bushfire Protection 2006. Site 9 - No objection.
Office of Environment and Heritage	No objection.
Roads and Maritime Services	No objection. It was noted the additional lot yield will have minimal impact upon the State Road network.
Department of Primary Industries	No objection. Noted given the proximity to Priority Oyster Aquaculture Areas, it is recommended any sewerage management system not connected to Council’s sewerage treatment plant be classified by Council as high risk.
Australian Government Civil Aviation Safety Authority	No objection. Noted any future development of Site 1 will require assessment of the building proposal for any potential impact on aerodrome operations.
Merimbula Airport	No objection.
NSW Crown Lands Service	No objection.

Discussion

The majority of sites in this Planning Proposal represent minor changes and would result in a small increase in development potential. As such it is recommended sites 2- 9 proceed as per the recommendation in this report.

The Merimbula Drive site (Site 1) is more problematic due to its topography, bushfire risk, soil type, geology and proximity to Merimbula Lake. The original submission in 2011 was based on a 14 lot conceptual subdivision lot layout. This was subsequently reduced to 10 lots through amendments to the draft zoning and minimum lot size maps as exhibited by Council in June 2016.

Due to the slope and vegetation cover, any future dwellings will require substantial Asset Protection Zones (final extent of clearing required for APZs cannot be established until DAs for individual dwellings are submitted). Previous reports for the site indicated APZs spanning 90m (upslope extent, to down slope extent, including house site) may be required for some locations. Whilst it is acknowledged that APZs established under the RFS Planning for Bushfire Protection guidelines do not require clearing of all vegetation within an APZ, it is likely each APZ required on this site will result in a large area of disturbance to the existing vegetation cover. This clearing and subsequent exposure of highly erodible soils is a significant environmental risk associated with this site.

The draft Planning Proposal identifies an area of E4 zoning with a 1ha lot size, centred on an existing cleared area in the centre of the site. This area was previously cleared as part of an approval for a vineyard. Lots in this area will still need to demonstrate capability for onsite sewage management as part of a future development application.

Council officers have reviewed the proposed zoning having regard to the issues raised in the submission and re-assessed the development potential having regard to the physical and environmental characteristics of the land. Of primary concern to officers is the area covered by proposed Lots 8, 9 and 10 on the eastern side of the existing tourist facility entry road. All three lots are heavily vegetated and have slopes ranging from moderate to severe falling into the main drainage line on the eastern edge of the subject site. APZs in this area will require the removal of the majority of vegetation, creating a high risk of soil and water management problems during construction of any dwellings on these sites. Council officers also have concerns with regard the capability of the soils and underlying geology in this area to adequately cope with the effluent disposal.

Whilst all three lots drain (naturally or via road side drains) to an existing dam that would provide a useful buffer for the lake, officers are of the opinion the overall risk posed by the proposed development of lots 8,9 and 10 is not acceptable. No subdivision or dwellings should be considered in this area. It is recommended the area be zoned E2 and E3 and be lot sized at 10ha to prevent any further development. This part of the subject site should be retained as part of the existing tourist facility.

The four proposed lots in the northern end of the property will have clearing requirements and have likely visual impacts when viewed from the southern side of the lake. Any future development application should seek to achieve a clustering of dwellings sites, so resulting in a shared APZ network.

The ultimate lot yield will be determined at the development application stage following completion of Onsite Sewage Management, flora and fauna investigations and a reviewed bushfire study. However it is recommended that by amending the zoning and minimum lot size as depicted in Figures 19 and 20 of this report, the environmental risks posed by the development of this site can be significantly reduced.

Figure 19: Merimbula Drive, Merimbula: Proposed Amended Land Use Zones

Figure 20: Merimbula Drive, Merimbula: Proposed Amended Minimum Lot Sizes

Conclusion

The landowners whose properties are subject to this Planning Proposal have been waiting for a significant period of time for resolution of what, for the majority of sites, are quite minor issues.

It is recommended Council proceeds to finalise the Plan based on the land use zonings and minimum lot sizes proposed in this report in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental and Planning Act 1979.

Attachments

Nil

Recommendation

1. That Council resolve to apply zoning and minimum lot size controls to the nine sites for as presented in this report as follows:

a) Merimbula Drive, Merimbula Part Lot 1882 DP 1014185; apply E4, E3 and E2 zonings and minimum lot sizes of 1 hectare (E4), 2 hectares (E4) and 10 hectares (E3).

b) Boggy Creek Road, Millingandi Lot 5431 DP 1041710; apply E4 zoning and minimum lot size of 2 hectares.

c) Oregon Street, Pambula Lot 529 DP 1007936, Lots 1-3, 16-19 Section 45 DP 758825 and Lots 1-4, 19-22 Section 46 DP 758825; apply E3 zoning and minimum lot size of 120 hectares.

f) Mount Darragh Road, Lochiel Lot 384 DP 1062442; apply E4 zoning and minimum lot size of 4 hectares.

g) Mount Darragh Road, South Pambula Lot 302 DP 749405; apply R5, E4 and E3 zonings and minimum lot sizes of 3,000sq/m (R5), 5,000sq/m (E4) and 7 hectares (E3).

h) Princes Highway, Griegs Flat Lot 102 DP 1108395; apply E3 and E2 zoning and minimum lot sizes of 5 hectares (E3) and 20 hectares (E3).

i) West Street, Eden Lot 128 DP 750205; apply RU2 zoning and minimum lot size of 120 hectares.

2. That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 25) for sites listed above 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 28 June 2017

Item 9.4

9.4. Community Environment Grants Recommendations 2017-18

This report details the applications received for the recently advertised 2017-18 Community Environment Grants Program. Fourteen projects are recommended for funding support.

Director Planning and Environment

Background

The Community Environment Grants Program has the following aims:

• Support community groups and organisations to enhance, protect and restore the natural environmental assets of the Shire;

• Increase community awareness and understanding of environmental assets;

• Support conservation strategies currently undertaken by Council;

• Support / protect / enhance areas of cultural significance (environmental components only); and

• Assist in the provision of innovative environmental management projects.

The Program has been in operation since 2011 and has supported 55 projects to date to the approximate value of $233,000. The program is funded from Council’s Environment Levy which is raised via an ongoing special rate variation.

The assessment criteria for the Program include:

• Meeting the aims of the Community Environment Grant Program (as above);

• Support from other stakeholders and site applicability (if relevant);

• Appropriately incorporated or auspiced organisation;

• Clear and achievable project plan, including timing and budget;

• Group / organisational capacity and experience; and

• Supporting new community groups to build capacity for long term projects.

Community Environment Grants Summary 2017-18

• The 2017-18 draft budget allocation from the Environment Levy is $50,000 (approximately 10% of the levy)

• 14 applications were received requesting funding totalling $54,228

• 3 Applications were submitted late including Springvale Landcare, Tura Flora Reserve Management Committee, and From Little Things Parklands

• An assessment of applications has been conducted

• 2 applications have recommended budget modifications

• 1 application, ‘From Little Things Parklands’ is pending development consent from Council.

• All 14 applications are recommended to be funded totalling $50,928.

As with each year’s program, the approach is for Council officers to conduct a preliminary assessment of each application in order to better understand the project and its approach and, given the community based nature of the application, potentially refine the application to clarify and focus key elements as appropriate. These discussions can lead to the revision of scopes and associated budgets which help meet the program’s overall objectives and budget but without jeopardising any project’s viability.

This was the first year applications went online via Council's website and generally the feedback was positive in terms of ease of access, simplicity and completeness.

Attachment 1 outlines the recommended projects for 2017-18.

Issues

Legal /Policy

The Community Environment Grants Program helps implement procedure ‘3.04.3 Environment Levy’.

Strategic

The Community Environment Grants program fulfils the following strategic elements within the Community Strategic Plan:

OUTCOME 3: SUSTAINBLE LIVING

GOAL 5: Our air and water is pristine and our natural environment and rural landscapes are protected.

Strategy 10: Support innovative land use policies, government and community/business partnerships, and community engagement activities that care for and enhance the natural environment.

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

Strategy 12: Collaborate with partners and our community to support innovative approaches to waste minimisation, and increase reuse and recycling opportunities.

Strategy 14: Support initiatives and policies which address the causes and impacts of climate change and collaborative community-based sustainability initiatives.

Consultation

The Community Environment Grants Committee (comprising Councillors and Council environmental officers) met on 23 May 2017. The recommendations attached to this report are those agreed by the committee.

Financial and resource considerations

The annual Community Environment Grants Program is sourced through Council’s Environment Levy with the draft 2017-18 allocation being $50,000.

Funding Source – Draft Budget 2017/18 (as exhibited)		Amount
Environment Levy	$	50,928

Conclusion

Upon confirmation of the 2017/18 Budget, successful applicants will be advised and appropriate funding agreements with each successful applicant will be developed. Media promotion of the successful applications will be undertaken.

Attachments

1. Attachment 1 - Community Environment Grants 2017-18 with Recommendations

Recommendation

1. That, subject to the adoption of the 2017/18 Budget, Council endorses the recommendations of the Community Environment Grants Committee as outlined in Attachment 1.

2. That applicants be advised of the outcome of their application and funding agreements be arranged with the successful organisations.

Council 28 June 2017

Item 10.1

10.1. Tathra Headland Walking Path - Concept Design

The report presents the Tathra Headland Walking Path concept designs.

Director Community, Relations and Leisure

Background

At the Council meeting on 22 February 2017 Council considered a report on Thatchers Flat Footbridge and other pathway options in Tathra and resolved:

"That Council adopts Option 3 - confirm the Tathra Headland Path planning costs and reallocate Thatchers Flat Bridge renewal budget, and if surplus budget available install additional footpaths focusing on the key paths of travel from Hobbs Corner to Tathra Beach."

A public open Request for Quote (RFQ) process was undertaken calling for design expertise to provide suitable concept plans and costings for ‘a memorable walk in a beautiful and dynamic environment through developing a safe, accessible pathway in the footprint of the former Snowy Mountains Highway from the Lions Memorial Gardens to the Tathra Wharf.’

The response to the RFQ was successful with five submissions received. Members of the Tathra Headland Access Walking Group (THWAG) assisted Council officers in the tender assessment process. The outcome was that Thompson Berrill Landscape Design (TBLD) was engaged to deliver Stage One – Background Review and Conceptual Design with Preliminary Costing. TBLD demonstrated strong experience with similar projects that have gone on to become tourist attractions. TBLD specialise in this type of work.

The design consultancy work is to consider and balance:

· Accessibility standards

· Environmental constraints

· Cultural heritage

· Natural environment

Issues

Strategic

This report relates to the following strategic actions in the Community Strategic Plan:

A2 - Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.

E5 - Enhancing visitor experiences: Providing opportunities for local residents and visitors to experience the unique social, cultural and natural attractions of the region.

Operational / Asset Management Plan

This report relates to the following actions in the Recreation Asset Management Plan and Bega Valley Shire Council 2017 Operational Plan:

A1.1.1 - Implement Asset Management Strategy and Recreation Asset Management Plan

A2.3.1.2 - Review provision of asset types to balance quantity, quality and servicing of facilities.

Environmental / Sustainability

Considering, promoting and working with the heritage and environmental sensitiveness of the site have been a key objective of the design work. They are represented in the concept designs attached. Delivery of a Review of Environmental Factors to guide management and mitigation of potential environmental impacts is also a requirement of TBLD scope.

Social / Cultural

There are significant Aboriginal and European heritage elements on the site. An important objective of the project, if funded, will be to provide interpretive and educational opportunities, reflecting the Aboriginal, European and natural heritage values of the area and surrounds.

Economic

The delivery of the project will create a destination in itself which will be able to be enjoyed by locals and visitors alike. There are clear links in this project with the NSW heritage listed Tathra Wharf and emerging opportunities for local tours from Merimbula, Eden and further afield.

A key objective in the project is to make the proposed main viewing platform compliant with accessibility standards and become a recognised feature in the developing accessible tourism market. Promoting land based whale watching opportunities from the proposed viewing platform has emerged as a key feature of the project.

Community Engagement and/or Communications

The Tathra Headland Walking Path project has strong support within the community and has been the subject of specific community consultation that was reported to the Council meeting of 12 August 2015. The outcome was Council acknowledging the merit of the project and listing it as a ‘Headline Project’ at the time. In early 2017 there was further consultation regarding the project, the outcome being allocation by Council of funding toward the design work presented as part of this report.

TBLD have made two visits to the site to assess the project opportunities and constraints. These visits have also included group meetings and discussions, firstly with the identified Project Working Group (including representatives of THAWG) and secondly with the broader Project Stakeholder Group (THAWG, BVSC Access and Inclusion Committee, and Bega Local Aboriginal Lands Council).

Financial and Resource Considerations

The Tathra Headland Walking Path is a significant project which is yet to be funded. Having well researched, feasible, buildable and Council endorsed concept plans, is an important factor in taking advantage of external funding opportunities. Providing a costing of the concept by a quantity surveyor is a part of the current design consultancy.

Funding source		Amount
Design work to date funded by Council resolution of reallocation of funds from Thatchers Flat Bridge	$	38,000
Construction, not currently funded	$	900k estimated

If funded, the development of the Tathra Headland Path will be a major asset for Tathra and the Bega Valley and will need to be appropriately maintained. Whilst whole of life costs have been considered in selecting materials and establishing a 50 year design life, general operations and maintenance will be required to keep it in a neat and well-presented condition. Estimated annual costs are $3,000.

Risk

The major risk with this project is funding. It is noted the construction costs will be significant and are as yet unfunded. The Tathra Headland Wharf Access Group has submitted an Expression of Interest through the NSW State Government Regional Growth – Environment and Tourism Fund. The project aligns well with this funding program. Completion of the design phase of the project is critical to grant funding applications in demonstrating the opportunities, aims, intent and value of the project and also the feasibility of its delivery.

Conclusion

Council has provided direction to undertake planning for the Tathra Headland Walking Path project. The project has been the subject of two previous reports to Council, noting the project has strong interest and support in the community.

The design work was subject to an open tender process with Thompson Berrill Landscape Design (TBLD) being engaged to deliver Stage One – Background Review and Conceptual Design with Preliminary Costing.

TBLD has made two visits to the site to assess the project opportunities and constraints and to liaise with the identified Project Working Group and the broader Project Stakeholder Group.

Attachments

1. Tathra Headland Walking Path - Concept Package

Recommendation

That Council endorses the attached concept documentation for the Tathra Headland Walking Path Project.

Council 28 June 2017

Item 11.1

11.1. Request for Financial Support: Funding Application to the Australian Government's Incubator Support Program

A local taskforce has been formed to prepare a grant submission to the Australian Government’s “Incubator Support Program”. The taskforce is seeking a financial contribution from Bega Valley Shire Council.

Executive Manager Organisational Development and Governance

Background

The University of Wollongong’s Innovation Campus is home to iAccelerate. An independent report commissioned by iAccelerate has identified Bega as the preferred site to establish a regional Innovation Hub. A taskforce of community members, the University of Wollongong Bega Campus Manager and Council officers have collaborated with iAccelerate leadership in the preparation of a funding proposal to be made to the Australian Government’s Incubator Support Program.

The Incubator Support Program is a $23M rolling grant program funded for the coming three (3) years. Grants of up to $500K will be considered. The NSW Government has indicated interest in supporting the bid with significant financial assistance via the Jobs for NSW program. The Australian Government Guidelines for the Incubator Support Program require applicants to demonstrate a 30% contribution towards the cost of the proposed activity for what the funding is requested. The Bega taskforce needs to show commitments totalling $200K. The University of Wollongong has confirmed $50K. Proposals to provide a financial commitment have been presented to a number of local business entities to consider.

The proposal is to establish an Innovation Hub in the Bega Central Business District (CBD).

Issues

Legal

A conscious decision for this NOT to be a Council led initiative has been taken. A qualified entity as stipulated by the Australian Government’s Funding Guidelines, must administer any public monies granted. An in-principle agreement has been reached with the Canberra based Lighthouse Business Innovation to act as the lead agency in this project. The Lighthouse organisation is already active in the Bega region.

Strategic

Council support for the establishment of an Innovation Hub in Bega accords with the Bega Valley Economic Development Strategy (EDS) 2016-2021. The five (5) focus areas of the EDS are Business Support; Infrastructure and Technology; Connections; Education and Skills; and Visitation

Social / Cultural

An Innovation Hub in Bega would create energy and enliven the town’s CBD. Such a facility would attract creative thinkers and become an important strategic asset in our Shire’s desire to retain and attract young people in and to the region.

Economic

A Bega Innovation Hub would provide a direct and positive impact on the local economy and provide long term and strategic benefits through the creation of employment opportunities and growth. It would have the potential to be an important asset in attracting skilled workers to our region.

Community Engagement

Council officers have supported, guided and worked collaboratively with the local taskforce. Council has facilitated a visit of iAccelerate leadership, coordinated the preparation of a draft funding proposal and provided introductions for task force members to potential supporters.

Financial and resource considerations

Council is requested at this time to merely provide a commitment of financial support contingent on the success of the application to the Incubator Support Program. The funds are available should redirection of the business grant allocation for 16/17 and 17/18 be agreed to. This would be an effective use of the funds for the first two years of the project is successful. The 2016/17 funds have not yet been allocated and the 2017/18 funds are currently identified in the draft Delivery and Operational Plan presented to the Council at this meeting.

Funding source		Amount
Business grant allocation 16/17 & 17/18	$	50,000

Risk

There is no risk to Council in agreeing to provide a commitment of support.

Options

Council has the option of declining to provide a financial commitment.

Conclusion

A detailed budget over a two (2) year period has been prepared by the local taskforce. It totals approximately $1.2M. Council’s contribution at this time is a one-off amount of $50K that would be needed only if the funding proposal to the Australian Government is successful.

Attachments

Nil

Recommendation

That Council approves the reallocation of the $25,000 business grant allocation in the 2016/17 financial year and the $25,000 business grant allocation in the 2017/18 financial year (total $50,000) as a commitment to the submission being prepared by the local taskforce to the Australian Government’s Incubator Support Program to establish an Innovation Hub in Bega.

Council 28 June 2017

Item 12.1

12.1. Drinking Water Fluoridation - Community Information Program Update

This report is written to provide an update regarding the Fluoridation of Drinking Water Community Information Program and outlines the stages to bring the matter to completion.

Director Transport and Utilities

Background

Council has added fluoride to drinking water in the Bega/Tathra supply system since 1963. Other drinking water supply systems do not currently have the benefit of added fluoride.

NSW Health has been encouraging regional water utilities, including Bega Valley Shire Council to incorporate fluoride into their water treatment processes as an effective measure in preventing and reducing tooth decay.

On 4 November 2015 Council resolved to work with NSW Health to commence a broad based community information program regarding the fluoridation of drinking water.

On 8 September 2016 Council engaged consultants from Hunter H2O to undertake the program inclusive of website development, factsheet development and Agency liaison. The program has been undertaken with financial and technical support from NSW Health.

On 20 December 2016 a Memorandum was provided to Councillors detailing the extent of the community information program. The Memorandum indicated the information program consist of: advertisements in local newspapers; factsheet mail outs to 12,000 customers; and most importantly a custom designed website with high quality peer reviewed information with links to key resource documents and functionality enabling the community to “have their say”.

The community information program extended over a five month period from December 2016 to April 2017. A copy of the memorandum to Councillors dated 20 December 2016 is attached to this report.

Issues

Legal /Policy

Fluoride is added to public water supplies in accordance with the Fluoridation of Public Water Supplies Act 1957 and Fluoridation of Public Water Supplies Regulation 2012.

Strategic

The addition of fluoride has a strategic context because Council is in the process of planning and building water treatment plants. From a buildability and efficiency perspective there is advantage in incorporating the necessary fluoridation facilities into the new treatment plants at the time of their design and construction.

Operational / Asset Management Plan

If Council resolves to add fluoride to its drinking water supplies, then additional water treatment assets will be required. These assets are fully funded by the NSW State Government.

Social / Cultural

Fluoridation is a complex issue that involves community discussion about scientific information, values, legislation, ethics, equity, individual rights, politics, media, drinking water infrastructure and cost.

Community Engagement and/or Communications

Community engagement and the provision of reliable peer reviewed information has been the focus of the process to date.

Over 400 formal submissions have been received through print media in local newspapers, high quality factsheets, mail outs to 12,000 customers, the custom designed website with links to key resource documents, plus the community “have their say” engagement process.

In addition to the formal resource material, NSW Health has briefed Councillors and will be providing an additional briefing to Councillors which the community is welcome to attend at an open session on 28 June 2017.

The information process is now at a critical stage. Following the Public Forum briefing to Councillors on the 28 June 2017 a final report will be produced for Council consideration at the meeting of 20 September 2017.

Financial and resource considerations

The capital assets required to add fluoride to drinking water are fully funded by the NSW State Government.

Fluoridation will result in increased operational expenses for Council and consequently additional cost to customers of approximately $3-$5 per connected residential property per year.

The community information phase of the project has cost in the order of $41,000, all of which has been subsidised by NSW Health.

Funding source		Amount
Subsidy Funding (NSW Health)	$	41,000

Options

This report is advisory in nature. However the process, as originally conceived, is drawing to a close. Two options remain for consideration - either Council can decide to add fluoride to drinking water to achieve dental positive benefit outcomes or not.

Conclusion

Substantial information regarding addition of fluoride to drinking water has been provided to the community in accordance with the original Council Resolution. Following the NSW Health open session briefing on 28 June 2017 a report will be submitted to Council for consideration on 20 September 2017.

Attachments

1. Briefing memorandum to Councillors 20 December 2016

Recommendation

1. That Council note the fluoridation of drinking water community information process already undertaken.

2. That a final report regarding addition of fluoride to drinking water be submitted to Council for consideration on 20 September 2017.

Council 28 June 2017

Item 12.4

12.4. RFT 10007901 Bemboka Water Treatment Plant Design and Construction Contract

This report provides information regarding the tender process for design and construction of the new Bemboka Water Treatment Plant. The report recommends award of the tender to the preferred contractor.

Director Transport and Utilities

Background

The Bemboka water supply is drawn from an intake structure located on the Bemboka River. The water is screened for coarse particles and chlorinated prior to storage in a single elevated reservoir and then used.

Current treatment arrangement, involving the simple addition of chlorine, does not address all of the aesthetic and health aspects required by the Australian Drinking Water Guidelines (ADWG). In particular, the existing facilities do not provide a multi barrier approach to pathogen removal.

Following assessment of options, development of a concept design and technical specification, Council invited Tenders for the Detail Design and Construction of a new Water Treatment Plant (WTP).

The new WTP will be a membrane style filter having a capacity of 0.5 ML/day. The WTP has been designed to accommodate anticipated population growth and upgrade of the treatment process in future.

Issues

Legal /Policy

Procurement of the proposed works (RFT 10007901) has been undertaken in accordance with the Local Government Act 1993 tendering requirements.

The site of the WTP is entirely within Council owned land, Lot 12 DP 1093627.

Strategic

The Bemboka WTP is one of the projects listed in the Water and Sewerage Services Strategic Business Plan. The project has high priority due to catchment characteristics and upstream agricultural land use practices.

Operational / Asset Management Plan

The WTP will be operated by Council’s Water and Sewerage Services staff. Once constructed, this asset will be owned by Council.

Environmental / Sustainability

A Review of Environmental Factors (REF) has been prepared by an expert environmental engineering consultancy. The REF concludes it is unlikely there will be significant environmental impacts associated with the proposed WTP, provided the site specific environmental safeguards identified are implemented during construction and post commissioning.

Council has a long history of providing leadership and support for projects that utilise sustainable, renewable energy sources.

Bemboka WTP has been designed to utilise power generated from its own solar array for baseload needs, in preference to the grid supply. The utilisation of sustainable renewable technologies on this project follows the success of a similar partnership project (Bega Valley Shire Council and Clean Energy for Eternity) at Tathra Sewage Treatment Plant.

The design also makes allowance for future battery installation, once energy density technology improves sufficiently to make this addition cost effective.

Financial and resource considerations

Funding source		Amount
New Works Reserve - Water	$	3,700,000

Risk

The Australian Drinking Water Guidelines call for a risk based approach to the provision of drinking water. The new WTP will utilise advanced membrane filtration and chlorination to provide a multiple barrier to pathogens. Provision has been included in the design for UV disinfection if it becomes necessary due to future regulatory requirements.

Conclusion

Public Tenders were called and six conforming Tenders were received.

It is recommended the preferred tender be accepted as it provides the best overall value to Council.

The recommended contractor is considered to be competent, experienced and suitability qualified to undertake the project works described in the contract.

A Confidential Memorandum is attached in support of the tender award to the preferred contractor.

Attachments

1. Confidential memorandum to Councillors RFT 10007901 Design and Construction Bemboka Water Treatment Plant (Councillor Only) (Confidential)

Recommendation

1 That Council accept the recommendations detailed in the Confidential Memorandum.

2. That Council accept the Tender from (insert) for the Detail Design and Construction of a new Water Treatment Plant at Bemboka for the amount of $(insert) (inclusive of GST) subject to variations and provisional items.

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

4. That the other tenderers be advised of Council’s decision.

Council 28 June 2017

Item 13.1

13.1. Adoption of draft Community Strategic Plan, Resourcing Strategy, and Disability Inclusion Action Plan

Council's draft Integrated Planning and Reporting plans including the draft Community Strategic Plan and Resourcing Strategy along with the Disability Inclusion Action Plan have been publically exhibited in accordance with the legislative requirements of the Local Government Act 1993, and are recommended for adoption.

Director Strategy and Business Services

All Councils in NSW are required to develop long term, medium term and short term plans under the Local Government Act 1993 Integrated Planning and Reporting (IPR) Framework.

At its meeting on 17 May 2017, Council resolved to place its IPR documents on public exhibition for 28 days covering the period 18 May –14 June 2017, including:

· Draft Bega Valley Shire Community Strategic Plan 2040

· Draft Bega Valley Shire Resourcing Strategy 2017 – 2027

· Draft Bega Valley Shire Disability Inclusion Action Plan 2017 – 2021

This report provides Council with details of submissions received relating to these documents during the exhibition period.

Disability Inclusion Action Plan (DIAP) 2017 - 2021

The NSW Disability Inclusion Act 2014 includes a series of principles which relate to people with disability and recognise the needs of particular groups. Section.12(3) of the NSW Disability Inclusion Act 2014 requires councils to prepare a Disability Inclusion Action plan which must include a series of principles, strategies and actions that will guide Council operations over the next four years. These align with the principles of the Disability Inclusion Act 2014, as well as the NSW Government's Disability Inclusion Plan which specifies four focus areas:

· Developing positive community attitudes and behaviours

· Creating liveable communities

· Supporting access to meaningful employment

· Improving access to mainstream services through better systems and processes

In preparing this Plan, Council conducted a review of existing documents and utilised a number of approaches as part of our broader consultation for the Community Strategic Plan review. This included:

· Community Surveys

· Focus Groups

· Targeted Consultations

There was 1 submission received on the Draft Disability Inclusion Action Plan. The following comments are put forward for Council consideration:

· Council to consider greater exposure and opportunities for partnerships in the Disability Inclusion Action Plan on both business and tourism.

· Council to consider a regular timetable of audits and goals to be documented

· Council consideration of accessibility options in Council customer service area (Zingel Place) to allow for disability employment opportunities in customer service.

Draft Bega Valley Shire Community Strategic Plan 2040

The Draft Bega Valley Shire Community Strategic Plan 2040 (draft CSP 2040) is a long-term visionary Plan. It is the main strategic and aspirational document for our community and its purpose is to help individuals, community groups, Council, other levels of government and organisations build a stronger and better Bega Valley Shire.

The draft CSP 2040 is an overarching strategy to guide Council decision making and all other strategies, plans and policies developed by Council seeking to support the implementation of the draft CSP 2040. This ensures what Council does within its area of control, is always focussed towards the aspirations the community has articulated.

The draft CSP 2040 was developed following extensive community engagement through the Understanding Our Place project and incorporates the goals of NSW 2021, the draft South East and Tablelands Regional Plan and the strategies and actions from Council’s Fit for the Future Improvement Plan.

Throughout the life of the CSP 2040, Council will be listening to our community to ensure it continues to reflect their long-term aspirations. The CSP 2040 will be formally reviewed again in four years' time.

There were 6 submissions received on the draft CSP 2040. Of these submissions the following suggested changes are put forward for Council consideration:

· Amend the Draft Community Strategic Plan to further articulate monitoring and reporting processes

· Amend Strategy 8 ‘Collaborate with partners to develop local education, training and lifelong learning opportunities’ to include advocacy role for improved education services

· Amend Community Vision statement to replace the wording of ‘balance’ to “integrate’. The current vision statement ‘By working together the Bega Valley Shire community achieves a balance between quality of life, enterprising business, sustainable development and conservation of the environment’. This would require an amendment to; ‘‘By working together the Bega Valley Shire community integrates quality of life, enterprising business, sustainable development and conservation of the environment’

· Amend the Community Strategic Plan to demonstrate a support and advocacy role of the objectives established of the South East Producers ‘South East Food Plan’.

· Amend the plan to ensure environmental protection for our beautiful natural surrounds; support for youth and women’s refuges; an increasing commitment to renewable energy as a sustainable source of power; encouragement of further recycling; and progress towards more underground power.

· Comments relating to the follow through to action on some of the aspirational statements in the Community Strategic plan. Council officers have contacted the individual referring them to the Delivery Plan actions. Further the note that Council needs to review its climate change strategy, again the individual has been advised that this is an action listed for 2018/19.

Draft Bega Valley Shire Resourcing Strategy 2017 – 2027

The draft Resourcing Strategy outlines how some of the community’s aspirations can be achieved in terms of time, money, assets and people. It links the draft CSP 2040 and the four year Delivery Program and annual Operational Plan by detailing the provision of resources to implement the strategies for which Council is responsible. It aims to ensure Council has the financial capacity and human, technical and plant/fleet resources to deliver services and look after the management of the community’s assets.

The draft Resourcing Strategy is comprised of the Council’s: draft Financial Policy, Strategy and Long-term Financial Plan; the draft Workforce Management Plan; the draft Asset Management Policy, Strategy and Asset Class Plans; a draft Technology Strategy; and a draft Plant and Fleet Action Plan.

Financial Management

The draft Financial Policy, Strategy and Long-term Financial Plan provide a long-term financial blueprint for Council and the community that allows for the cost effective delivery of works and services and appropriate maintenance and renewal of our significant asset base.

Council’s draft 10 Year Long Term Financial Plan has an emphasis on long-term financial sustainability. It also outlines how Council intends to ensure it maintains focus on the Fit for the Future ratios and the Council Improvement Proposal developed as part of being deemed Fit by the NSW Government in 2015.

The Long Term Financial Plan is updated annually through the development of the Operational Plan and reviewed every four years in conjunction with the CSP.

The Financial Strategy includes an assessment of the three models Council considered in developing its Long Term Financial Plan. These were:

·“As Is”– continuing with current framework of allocations of funding by service

·“Asset Management”– refocus current expenditure by service to move funding towards the achievement of the Asset Management Plans particularly in transport assets

·“Balanced”– add to the Asset Management model a series of special rate variations for community priority new projects.

Councillors determined the approach to be taken would be to move to the Asset Management model in year one (2017/18) by making reallocations of funding to the priority areas identified by the community through the Community Survey. During the period July to November 2017, Council will review in detail Council’s Asset Registers and data in each Asset Management Plan, looking to consider new models for service provision.

Councillors have indicated they will engage with the community in relation to potential consideration of special rate variations in subsequent years only when this review has been undertaken. Councillors also noted a number of asset reviews such as the Aquatic Facilities Review and the Public Amenities Reviews will inform this process. No final consideration of whether any application for a special rate variation will be undertaken until this work is concluded. Councillors have discussed options for how such increase could be applied.

Potential areas for consideration relating to the introduction of special rate variations could include:

· Critical transport and community asset improvements including those aimed to build resilience against storm event damage

· Provision of new or upgraded assets recreation and sporting assets such as swimming pools

Councillors also indicated the potential opportunity presented through the current tourism review to investigate a new funding model for tourism promotions and marketing which may result in a review of the currently approved special rate variation for this purpose.

Workforce Management

Workforce Management Plans address Council’s human resourcing requirements for the four year period of the Delivery Program. The draft Workforce Management Plan aims to provide Council with the best people in the right positions to support its strategic direction and ensure there is capacity to develop innovative approaches to complex issues whilst delivering appropriate services effectively and efficiently.

Asset Management

The draft Asset Management Policy, Strategy and Plan articulates how Council will plan to manage over $1.45 billion of community assets.

The draft Asset Management Policy sets the broad framework for asset management throughout the Shire to support the CSP and Delivery Program.

The draft Asset Management Strategy has been prepared following a review of the service delivery practices and asset management maturity. It outlines an Asset Management Improvement Plan detailing a program of tasks to be completed and resources required to bring Council to a minimum ‘core’ level of asset maturity and competence.

The draft Asset Management Plan identifies asset service standards and outlines long term projections of asset maintenance, rehabilitation and replacement costs for all of the assets under Council’s control. The draft Asset Management Plan is an attachment to the Resourcing Strategy which is being exhibited as a separate document due to its size. Draft Asset Management Plans for each asset class were also exhibited.

Technology Management

Council has developed its first draft Technology Strategy to identify the priorities for the allocation of resources to deliver the greatest value to the organisation and the community.

Plant and Fleet Management

The draft Plant and Fleet Action Plan explains how Council will be developing a draft Plant and Fleet Management Plan to link to the Resourcing Strategy, ensuring the effective delivery of its works and services and to achieve the objectives of Council’s adopted Delivery Program and Operational Plan.

Submissions

There were two submissions relating to the draft Leisure and Recreation Asset Management Plan.

· The first requested that the growing importance of nature-based play for children was emphasised and taken into consideration when upgrading and designing playspaces and also noted it is important to draw on the knowledge and skills of our local Yuin community in identifying areas of local history and cultural practices and respectfully embedding this education in our recreation spaces eg signage featuring language. These ideas can be referred to Council officers for incorporation into practice as appropriate.

· The second related to the Tura Headland Coastal Reserve and a planned listening post which will again input into future planning for this reserve. The concern relates to the planned funding in the draft Plan for this reserve of $65,000 with a request for this to be reconsidered.

Both submissions have been provided to Councillors in full. It is recommended that both submissions be referred to the review of the Asset Management Plans being planned for the coming six months and the Tura Headland Coastal Reserve submission also be provided to the current process for reviewing concept designs for the area.

Issues

Legal /Policy

Under the Local Government Amendment Act, Council is required to develop and publicly exhibit documents in the IPR framework for a period of 28 days and consider submissions made to the Community Strategic Plan, Delivery Program and Operational Plan prior to adoption.

Under the Disability Inclusion Regulation 2014 local councils are to have Action Plans in place by 1 July 2017.

Strategic

The draft CSP 2040 and the linked documents set the strategic framework for the term of the current Council.

Community Engagement and/or Communications

The documents were placed on Public Exhibition from Thursday 18 May 2017 to Wednesday 14 June 2017 inclusive, in accordance with the provisions of the Local Government Act, 1993.

Public notices were placed in local newspapers the Merimbula News Weekly, Eden Magnet and Bega District News on various dates. Community announcements were placed on local radio stations Power FM and 2EC advising of the details of the public exhibition.

Hardcopies of the documents were available to view at Council’s Bega office as well Council’s Libraries at Bega, Bermagui, Eden, Merimbula and Tura Beach. All documents were available on Council’s website during the exhibition period.

There was also rolling media coverage of the draft Plans across all platforms and social media posts on Council’s Facebook and Twitter sites.

Conclusion

This year Council is proposing the adoption of an entirely new suite of IPR documentation as well as its first Disability Inclusion Action Plan.

All submissions made during the exhibition prior to adoption of the Plans, Policies and Strategies have been considered and are attached to this report.

Following the adoption of the documents, Council will begin implementing the Plans and Strategies and report regularly on the progress made.

It is therefore appropriate, in accordance with Section 402 of the Local Government Act 1993, to adopt the amended Bega Valley Shire Community Strategic Plan 2040, and in accordance with Section 12 of the Disability Inclusion Act 2014 to adopt the Bega Valley Shire Disability Inclusion Action Plan 2017 – 2021.

Attachments

1. All Public Submissions to exhibited Integraded Planning and Reporting documents

Recommendation

1. That the exhibited draft Bega Valley Shire Community Strategic Plan 2040 be adopted subject to the changes recommend in this report.

2. That the exhibited draft Bega Valley Shire Resourcing Strategy 2017 – 2027 be adopted subject to the changes recommend in this report.

3. That the exhibited draft Disability Inclusion Action Plan (DIAP) 2017-2021 be adopted subject to the changes recommend in this report.

Council 28 June 2017

Item 13.2

13.2. Adoption of Draft Delivery Program 2017 - 2021 and Operational Plan 2017 - 2018 , Annual Budget 2017 - 2018, Fees and Charges 2017-18 and Making of the Rates and Charges for 2017 - 2018.

The Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 including the annual rates and charges for the 2017/18 financial year have been publically exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

Director Strategy and Business Services

Background

At its meeting on 17 May 2017, Council resolved to place the Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 on public exhibition for 28 days covering the period 18 May to 14 June 2017 in accordance with Sections 404 and 405 of the Local Government Act 1993.

The Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 included:

· Council’s annual Statement of Revenue Policy for 2017/18 which includes details of proposed rates and charges for that financial year

· Fees and Charges for 2017/18

This report provides Council with details of submissions to the Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 including the Revenue Policy, and Fees and Charges 2017/18 received during the exhibition period.

Bega Valley Shire Delivery Program 2017 – 2021 and Annual Operational Plan 2017 – 2018 including Annual Budget 2017-18

The Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 outlines what Council will do in the medium term to deliver services, projects, capital works and asset maintenance. The Delivery Plan focuses on achieving organisational efficiencies, reviewing asset management practices and improving access to services and facilities. 2017/18 will be the first year of the new Delivery Program and the Operational Plan details what activities Council plans to achieve in the first year, what it will cost and includes measures to track progress.

There were over 30 submissions received in relation to the Draft Delivery Plan, Operational Plan 2017/18 and Annual Budget 2017/18. Of these submissions, the following issue is brought to Council for Consideration:

· Consideration of Sapphire Coast Tourism’s request for additional funding to continue digital marketing program to the value of the requested $95,000

· Consideration of the suitability of Bemboka – Candelo –Wolumla route for heavy vehicle usage

· Consideration of Tathra Bermagui road – appropriate plan of management / schedule of works to reflect the increased usage

· Consideration of Dr George Mountain road – previous plans have indicated a schedule of works each year on this road. Appropriate plan of management / schedule of works to reflect the increased usage

· Councillors have also provided submissions and asked for some consideration of options that they may wish to bring forward.

All submissions are attached for consideration and may inform discussion and amendment by resolution at the meeting.

Revenue Policy 2017 - 2018

In conjunction with the adoption of the Operational Plan for the 2017/18 financial year, Council is required to ‘make’ the Rates and Charges proposed in the Statement of Revenue Policy. The Statement of Revenue Policy contains estimates of income and expenditure, rates, and proposed fees and charges, pricing methodology and borrowings for the 2017/18 financial year.

There were 2 submissions on the Revenue Policy 2017/18. Of these submissions, the following issue is brought to Council for Consideration:

· Consideration for both ad valorums (for residential and farmland) be set at 0.38870 for the 2017-18 rating year

Rates

The annual Ordinary Rates are per the Local Government Cost Index increase of 1.5%.

Ø In accordance with Sections 493, 494 and 537 of the Local Government Act 1993, it is recommended Council makes the following ordinary rates for 2017/18:

Ordinary Rate Name	General Rate (cents in dollar)	Base Rate	% of total Rate
Residential	$0.0038770	$480.10	81.58%
Farmland	$0.0038770	$480.10	8.46%
Business	$0.0074289	$480.10	10.02%
Mining	$0.000		0%

Interest Charges on Overdue Rates and Charges

The NSW Office of Local Government issued a Circular to Councils No 17-09 on 18 May 2017. This Circular determined, in accordance with section 566 of the Local Government Act 1993, the maximum rate of interest payable on overdue rates and charges for the 2017/18 rating year will be 7.5%.

Ø In accordance with the determination, it is recommended Council adopts the maximum interest rate allowed and amend the draft Bega Valley Shire Revenue Policy 2017/18 to reduce the maximum rate of interest payable on overdue rates and charges from 8% to 7.5%.

Waste Charges

Ø In accordance with Section 496 and 501 of the Local Government Act 1993, it is recommended Council makes the following waste management charges for 2017/18:

Waste Management (name of charge)	Charge
Waste Service Availability	$81.50
Domestic Waste Management	$402.50
Domestic Garden Organics	$55.50
Additional Domestic Waste	$209.50
Additional Domestic Recycling	$77.23
Domestic Waste Management - Bin Bank	$402.50
Commercial Waste Management	$557.50
Commercial Garden Organics	$55.50
Additional Commercial Waste	$232.00
Additional Commercial Recycling	$191.60

Stormwater Charges

Ø In accordance with Section 496A of the Local Government Act 1993, it is recommended Council makes the following stormwater management charges for 2017/18:

· Annual stormwater charge for each dwelling, residential or commercial strata and commercial property that benefits from Council’s stormwater system whether built or natural as set out in the following schedule:

Stormwater Management (name of charge)	Charge
Stormwater Charge Residential	$25.00
Stormwater Charge Residential Strata	$12.50
Stormwater Charge Commercial Strata	$5.00
Stormwater Charge Commercial - for land up to 1,200 square metres	$25.00
Stormwater Charge Commercial - for land 1,200 to 3,000 square metres	$100.00
Stormwater Charge Commercial - for land greater than 3000 square metres	$200.00

Water Charges

Ø In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following water charges for 2017/18:

· Water Consumption charge at $2.86 per kilolitre for all water supplied by Council within or without of its area

· Annual access charge for each connection to Council's water supply determined according to the size of the connection as set out in the following schedule:

Water Meter Size (name of charge)	Charge
20mm Water Access Residential / Commercial	$215.00
25mm Water Access Residential / Commercial	$335.40
32mm Water Access Residential / Commercial	$550.40
40mm Water Access Residential / Commercial	$860.00
50mm Water Access Residential / Commercial	$1,343.75
65mm Water Access Residential / Commercial	$2,270.40
80mm Water Access Residential / Commercial	$3,440.00
100mm Water Access Residential / Commercial	$5,375.00
150mm Water Access Residential / Commercial	$12,093.76
200mm Water Access Residential / Commercial	$21,500.00
Strata Water Access Residential / Commercial	$215.00
Unconnected Water Access Residential / Commercial	$215.00

· Subject to annual certification by a medical practitioner, Council will provide a four monthly allowance of 70 kilolitres per patient in the case of registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this, all water usage is to be charged at the rate $2.86 per kilolitre.

Onsite Sewer Management Charges

Ø In accordance with Sections 501 and 608 of the Local Government Act 1993, it is recommended Council makes the following onsite sewerage management charges for 2017/18:

Onsite Sewage Management (name of charge)	Charge
Onsite Sewage Management - Low Risk	$36.00
Onsite Sewage Management - High Risk	$63.00
Onsite Sewage Management - Critical Risk	$141.00

Sewerage Charges

Residential charges

Ø In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following sewerage charges for 2017/18:

Residential Sewerage (name of charge)	Charge
Residential Sewerage	$1,181.00
Residential Strata Sewerage	$1,181.00
Residential Unconnected Sewerage	$591.50
Non Strata Sewerage Residential	$1,181.00
Non Strata Sewerage Additional	$1,181.00
Residential Sewerage Pump Up	$1,181.00

Non-residential charges

Ø In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following sewerage charges for 2017/18:

· Sewerage usage charge at $4.35 per kilolitre for total water usage multiplied by the applicable sewerage discharge factor as detailed in the Draft Revenue Policy 2017/18

· Annual access charge for each connection to Council's sewerage system determined according to the size of the connection as set out in the following schedule:

Non-Residential Sewerage Meter Size (name of charge)	Charge
20mm Sewer Connection Access Commercial less % Discharge Factor	$1,181.00
25mm Sewer Connection Access Commercial less % Discharge Factor	$1,842.36
32mm Sewer Connection Access Commercial less % Discharge Factor	$3,023.36
40mm Sewer Connection Access Commercial less % Discharge Factor	$4,724.00
50mm Sewer Connection Access Commercial less % Discharge Factor	$7,381.25
65mm Sewer Connection Access Commercial less % Discharge Factor	$12,431.75
80mm Sewer Connection Access Commercial less % Discharge Factor	$18,896.00
100mm Sewer Connection Access Commercial less % Discharge Factor	$29,525.00
150mm Sewer Connection Access Commercial less % Discharge Factor	$66,431.25
200mm Sewer Connection Access Commercial less % Discharge Factor	$118,100.00
Unconnected Sewerage Access Commercial	$591.50
Strata Title Units (per unit) Access Commercial	$1,181.00

Liquid Trade Waste Charges

Ø In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following liquid trade waste charges for 2017/18:

· Liquid trade waste usage charge at $1.25 per kilolitre of water consumption multiplied by the applicable liquid trade waste discharge factor as detailed in the Draft Revenue Policy 2017/18

Fees and Charges 2017 - 2018

The Council determines fees and charges for a range of services such as planning and building, library, children’s services and facility usage. The fees and charges proposed for these services and facilities for the 2017/18 year are detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

During the advertising period Council became aware that the general CPI increase applied to fees and charges had been inadvertently applied to airport regular passenger landing fees increasing the charge from $11.00 to $11.50 per passenger. This was not intended and the two airlines affected have been advised this was an error. The fee will remain at $11.00 and any increases will be discussed with the airlines at the appropriate time.

There were over 4 submissions received on the draft Fees and Charges. Of these submissions, the following issue is brought to Council for Consideration:

· Consideration of annual fee structure for A-frame signs for businesses.

· Consideration of hire costs for Bega Valley Commemorative Civic Centre to enable greater community access

· Consideration of ‘no charge’ for cemetery fees for suicide / murder / stillborn or children up to 8 years

In addition to public submissions the NSW Office of Local Government released Circular to Councils No 17-09 on 18 May 2017. This Circular determined, in accordance with section 603(3) of the Local Government Act 1993 that the approved fee for the issue of a 603 Certificate for 2017/18 is to be $80.00

· In accordance with the determination, it is recommended Council amends the 603 Certificate fee stated in the draft Fees and Charges for 2017/18 from $75.00 to $80.00

Council has received a number of verbal submissions and feedback from the community and the Tanja School in relation to the fees and charges at the Hall. These submissions related to changes and clarification of fees and charges for the 2017/18, the fairness of some fees, a fee that was omitted. Council officers have reviewed the fees and charges of Tanja Hall based on feedback and the following is brought to Council for consideration:

· Public exhibition of the following fee structure for Tanja Hall be advertised for a further 28 days with submissions presented to the August 9 Council meeting.

Tanja School of Arts Hall
Hires include all facilities (except pizza oven equipment) and set up and pack up time
Bond
Bond - High Risk	$1,000.00
Bond – Medium Risk	$500.00
Bond - Low Risk	$200.00
Bond - Regular Hirer (key deposit)	$50.00
Hall Hire
Casual Hire - Per hour capped at $160.00 in a 24 hour period	$20.00
Regular Hire (no less than 1hr every 6 weeks) - P/H capped at $100.00 in a 24 hour period	$12.00
Other Hire
Funerals and Wakes	Donation
Elections (includes cleaning)	$270.00
Fundraiser for Tanja Hall - Proceeds donated to the hall.	No Charge
Community Event - For the benefit of the community, open and no cost to community	Donation
Pizza Oven Equipment (per day or part thereof)	$35.00

Through the consultation period, feedback was also gained from communities that do not have local school halls. A number of primary schools in our Shire do not have hall facilities and utilise the community halls for whole of school or large group activities. This provides a solution for the schools and increases the use of our halls.

Currently there are five public schools that use community halls because they do not have hall facilities (Tanja, Quaama, Bemboka, Wolumla and Towamba). Across these five halls, the current the fees and charges are inconsistent.. It is recommended a common fee be applicable for these schools that utilise community halls on a regular basis to ensure some consistency. Officers have reviewed the fees and charges of the five affected halls and based on feedback and the following is brought to Council for consideration:

· Public exhibition of the following fee structure for school use of the five affected halls (Tanja, Quaama, Bemboka, Wolumla and Towamba) be advertised for a further 28 days with submissions presented to the August 9 Council meeting.

Public School Hire of Halls
Up to 12 times per year – 6hrs maximum per hire	$180.00
Up to 24 times per year – 6hrs maximum per hire	$300.00
(Hall must be booked through relevant committee)

The operation and management of the Bermagui Community Hall and meeting room bookings will be transferred from the previous Bermagui CTC (Community Technology Centre) during the 2017/18 period. In order to keep meeting room hire fees consistent with other libraries and Council facilities and to simplify the fee structure for users, the following is brought to Council for consideration:

· Public exhibition of the following fee structure for the Bermagui Community Hall and meeting rooms be advertised for a further 28 days with submissions presented to the August 9 Council meeting.

Bermagui Community Hall Fees & Charges 2017/2018

Bonds

Low risk bond

High risk bond

Key deposit

Equipment deposit inc Art hanging system

$200.00

$500.00

$50.00

$300.00

Hall Hire

Per hour

Half day

Full day

Rates include kitchen facilities

Please see Library fees and charges for meeting room hire

$25.00

$85.00

$175.00

Equipment Hire

Kitchen Facilities Only

$10.00 per hour

Other

Elections (includes hall cleaning)

$328.00

Bermagui meeting room hire

Bermagui, Bega & Eden Meeting Rooms – not for profit & community groups

$5.00 per hour

Bermagui, Bega & Eden Meeting Rooms

$10.00 per hour

Issues

Legal /Policy

Under the Local Government Amendment Act 1993, Council is required to develop and publicly exhibit documents in the IPR framework for a period of 28 days and consider submissions made to the Operational Plan prior to adoption.

Strategic

The documents when adopted will guide the Council’s operations under the IPR framework.

Community Engagement and/or Communications

The Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 including the Revenue Policy 2017/18 and Fees and Charges 2017/18 were placed on public exhibition as part of the set of Integrated Planning and Reporting Plans from Thursday 18 May 2017 to Wednesday 14 June 2017, in accordance with the provisions of the Local Government Act 1993.

Public notices were placed in local newspapers the Merimbula News Weekly Eden Magnet and Bega District News on various dates. Community announcements were placed on local radio stations Power FM and 2EC advising of the details of the public exhibition.

Hardcopies of the document were available to view at Council’s Bega office as well Council’s Libraries at Bega, Bermagui, Eden, Merimbula and Tura Beach. All documents were available on Council’s website during the exhibition period.

There was also rolling media coverage of the draft plans across all platforms and social media posts on Council’s Facebook and Twitter sites.

Conclusion

Council has been provided with all written submissions that were made concerning the Draft Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 including the Revenue Policy 2017/18, Annual Budget 2017/18 and Fees and Charges 2017/18.

A copy of all submission is attached to the Council Report: Adoption of draft Community Strategic Plan; Resourcing Strategy; and Disability Inclusion Action Plan also appear in the Agenda for this meeting.

It is therefore appropriate, in accordance with Sections 534 and 535 of the Local Government Act 1993, for Council to adopt, with any amendments noted, the Delivery Program, Operational Plan and Budget and make the Rates and Charges for the 2017/18 financial year and adopt the Fees and Changes for 2017/18, and in accordance with Sections 404 and 405 of the Local Government Act 1993, adopt the amended Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18.

Attachments

Nil

Recommendation

1. That Council makes the Ordinary Rates for 2017/18 as detailed in the table in this report.

2. That Council make each annual charge for water, sewer, onsite sewer, stormwater, waste and liquid trade waste for 2017/18 in accordance with the revised Revenue Policy and Fees and Charges as detailed in this report.

3. That Council make each fee and charge for 2017/18 in accordance with the revised Revenue Policy and Fees and Charges subject to the changes recommended by Council

4. That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 and Annual Budget subject to the changes recommended by Council.

5. That Council exhibit the new fee structure for Tanja Hall for a period of 28 days with submissions reported to Council

6. That Council exhibit the new fee structure for school use of Tanja, Quaama, Bemboka, Wolumla and Towamba Halls for a period of 28 days with submissions reported to Council

7. That Council exhibit the new fee structure for Bermagui community centre and meeting rooms for a period of 28 days with submissions reported to Council.

Council 28 June 2017

Item 13.4

13.4. Appointment of Delegates to attend Conferences 2017/18

This report outlines the proposed Councillor Development Program for the 2017/2018 year.

General Manager

Background

Councillors are afforded the opportunity for training and development through consultation with the General Manager. Changes to the Local Government Act 1993 are now in place which will mandate development of a continuing professional development plan for Councillors. Final guidelines are yet to be released. Good governance practice supports ongoing, professional development as critical to improving organisational and governance performance.

Training and development opportunities, as well as attendance at seminars and conferences are required to be reported to Council and for Council to resolve which Councillors will attend as Council’s representatives.

It has been identified that providing a Councillor appointments of delegates for the full year in advance enables adequate planning and access to the best rates for registration, accommodation and travel where appropriate by Councillors. Other opportunities which may arise during the year that have not been identified in this report, can be reported to Council on a case by case basis.

Councillor Development Program

A full Induction Program was undertaken with Councillors following the September 2016 Local Government Election. Councillors will complete a survey over the coming period to provide their input into the knowledge gained from the induction sessions and suggestions for future sessions.

Councillors will work with senior Council officers to develop Individual Development Plans for the next twelve months.

Councillors will continue to attend briefings on a weekly/fortnightly basis where a range of background information will be provided to them.

Councillor Delegate and Representatives Appointments

At the Council Meeting on 12 October 2016, the delegates and representatives for Council Committees and Panels were resolved and will be reviewed in September 2017.

The following conferences/forums have been identified as being of interest to delegates and the appropriate delegates or listed Councillors could be nominated to attend. :

Date	Program	Attendees	Status
4-6 December, 2017	Local Government NSW Conference, Wollongong
8- 10 November, 2017	NSW Coastal Conference, Shoal Bay – Port Stephens	Recommend Chair of Planning & Environment
TBA-tentatively November 2017	International Cities Town Centres and Communities Society Conference, Venue TBA	Recommend Chair of Planning & Environment or Chair Economic Development
TBA-tentatively November 2017	NSW State Library Conference Venue TBA	Recommend delegate to NSW Public Library Association; note clashes with Council meeting on 23 November
14-16 November 2017	Australian Public Sector Anti-Corruption Conference Westin Hotel Sydney	Recommended Chair of the Governance Committee/Internal Audit Committee
TBA-tentatively March 2018	LG NSW Tourism Conference, TBA	Recommend Chair Economic Development Committee&/or SCT delegate
TBA-tentatively April 2018	Australian Local Government Women’s Association Venue to be advised	Open to female councillors
TBA-tentatively May 2018	NSW Local Government Women’s Association Venue to be advised	Open to female councillors
TBA June 2018	Australian Local Government Association National General Assembly Canberra	Mayor and Councillors to be nominated

Financial

The 2017/18 Budget provides for $48,000 for elected officials training, development ($18,000 or $2,000 per Councillor) and conference attendance ($30,000). This covers Councillor Professional Development and delegate’s expenses (for attending conferences and meetings in their role as Councillors).

This budget amount will include any costs for Councillors attendance at meetings as committee delegates, as resolved following the scheduled report to Council on 12 October 2016 “Committee and Panel - Delegates and Representatives”.

Conclusion

Attendance at key local government and topic specific conferences are an important part of developing Councillor skills, knowledge and contacts. Councillors should aim to continually improve their understanding of emerging trends, issues, challenges and opportunities that may now, and into the future affect, the Bega Valley Shire Council and community. Sessions planned with Eurobodalla Shire Council as part of the two Council’s Memorandum of Understanding provide excellent low cost access to such programs and sessions are planned with Councillors from member Councils of the Joint Organisation.

Attachments

Nil

Recommendation

1. That Council note the Councillor Delegates Program for 2017/18.

2. That Council agree the number of delegates to represent Council at the nominated conferences/forums (insert names):

Council 28 June 2017

Item 13.5

13.5. Licence Agreement to Tathra Beach Bowling Club

The Licence Agreement for Tathra Beach Bowling Club to occupy a portion of the Crown Reserve managed by the Tathra Beach (R79310) Reserve Trust is due for renewal.

General Manager

Background

The Tathra Beach Bowling Club (TBBC) currently occupies a 650m2 portion of the Crown Reserve fronting John Taylor Crescent, Tathra. Their occupation of the site has been authorised by way of a 5 year Licence which is due to expire on 31 July 2017.

Prior to their current Licence being entered into, the TBBC leased a large portion of Crown Reserve (R79310) for a period of 15 years. In 2012 when TBBC advised Council the Green Shed Building and surrounding Reserve was surplus to their needs, Council carried out a public Expression of Interest (EOI) process for the use of the green shed building, with the results of that EOI being presented to Council on 24 July 2012. As part of that report it was resolved to enter into a 5 year Licence with TBBC for a reduced section of the Reserve to retain pedestrian access to the club from John Taylor Crescent and vehicular access to the greens, to carry out renovations and maintenance.

The TBBC currently hold a direct lease with Crown Lands for the surrounding land occupied by the TBBC.

A site plan of the area licensed to TBBC appears below for the information of Councillors.

7661908

Issues

Legal /Policy

The TBBC have indicated they still require the Licence for the portion of Crown Reserve and are happy with the current arrangement so wish to continue with their occupation for a further five (5) year term.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council property officers have considered whether direct negotiation with the current occupant is appropriate in this instance. It is recommended that a further EOI process not be conducted for the following reasons:

1. The proposed Licence is to facilitate public access to the TBBC from John Taylor Crescent and vehicular access to the greens to carry out renovations and maintenance. The temporary structure located within the proposed Licence area is for the purpose of soil storage used for maintaining the TBBC's greens and can be easily removed;

2. The 650m2 section of Crown Reserve required for the proposed Licence is located within the existing TBBC grounds. The TBBC’s occupation for the remainder of the Reserve is formalised by way of a direct Crown lease;

3. The TBBC has been in existence for over 50 years and provides an important social activity to the community;

4. To comply with the Reserve purpose, any occupation needs to be for public recreational purposes only. As the proposal is simply to renew the existing Licence which has been in place for many years, Crown Lands have given their in principle support to this request;

5. The TBBC has been responsible for all ongoing maintenance of the section of Reserve over the term of the current Licence and will continue to keep the Reserve in good repair going forward;

6. A market testing/public competition process was not required when the current Licence was entered into as the TBBC's occupation of this reserve is authorised under the adopted Tathra Foreshore Reserves Plan of Management;

7. Council property officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed;

8. The Reserve is now under a recently lodged Aboriginal Land Claim and only existing, low impact uses will receive authorisation until that claim has been assessed.

Operational / Asset Management Plan

The section of Crown Reserve currently licensed to TBBC is part of Reserve 79310, the affairs of which are managed by Bega Valley Shire Council as the Tathra Beach (R79310) Reserve Trust. All maintenance responsibilities for the licensed area have been the responsibility of TBBC as part of their current Licence and the further proposed 5 year Licence will also place all responsibility for maintenance of the land onto the licensee.

Community Engagement and/or Communications

The TBBC representatives have been consulted regarding their future tenure and have indicated they wish to enter into a further 5 year Licence for their continued occupation of the site. As occupation is to be authorised by way of Licence rather than exclusive lease, advertising the proposal is not required.

Financial and resource considerations

The annual Licence fee payable by TBBC over the past 5 years has increased each year by CPI, with an annual Licence fee of $516.62 now payable. All Licence fees collected assist with maintenance costs of the surrounding Reserve by the Trust. Due to limitations of the Crown Reservation, being for public recreational purposes only, it is recommended a further 5 year licence be entered into with the TBBC, at the current Licence fee with the provision for an annual increase by CPI.

Risk

There is no adverse risk in allowing the land to be occupied by the current tenants as long as the use is authorised by way of a formal Licence which contains appropriate indemnity and insurance clauses.

Options

Council officers could carry out another EOI process for the use of the section of Reserve, however in light of the limitations of the Crown Reservation location of the section of land along with the recent Aboriginal Land Claim lodged over all South Coast Crown Reserves, continuing with the current occupancy arrangements is the preferred option at this time.

Conclusion

The TBBC have occupied the section of Crown Reserve for many years. The licensed area provides public access to the TBBC from John Taylor Crescent and TBBC are responsible for all maintenance of the site. It is therefore recommended a further 5 year Licence be offered.

Attachments

1. Council report from 24 July 2012 Licence to Bega Valley Bridge Club

Recommendation

1. That Council, as Reserve Trust Manager of the Tathra Beach (R79310) Reserve Trust, approve a further five (5) year Licence to the Tathra Beach Bowling Club Limited for their continued occupation of a 650m2 section of Crown Reserve 79310 at Tathra, at the annual rental fee of $516.62 per annum increased annually by CPI.

2. That authority be given for the Mayor and General Manager to execute the Licence Agreement.

3. That in accordance with the requirements of the Crown Land Management Act 2016, Council obtains the Minister’s formal consent to enter into the Licence.

Council 28 June 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 May 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 Directorate 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.

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 $51,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	Mar 2017	Apr 2017	May 2017
General Fund	$14,375	$11,832	$13,218
Water Fund	$14,198	$14,038	$12,810
Sewer Fund	$26,327	$26,030	$25,872

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	$5,280	$13,218
Water Fund	$3,332	$9,478	$12,810
Sewer Fund	$3,869	$22,003	$25,872

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

Attachments

1. Investment Report May 2017

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 28 June 2017

Item 16.1

16.1. Canberra Regions Joint Organisation (CBRJO) Meeting 30 and 31 May 2017

The General Manager and Mayor attended the Canberra Regions Joint Organisation (CBRJO) Board meeting in Sydney over the period 31 and 31 May.

Cr McBain, Mayor

Heading

The meeting was held at Parliament House and included meetings and briefings with Ministers. I found it one of the best meetings like this I have been to.

The Board minutes will be circulated when received however the items on the agenda were:

· Matters from the General Managers meeting including an update on South East Regional Academy of Sport (SERAS) which has been taken over by NSW Office of Sport; a briefing on the adopted Action Plan for the CBRJO and progress against the adopted direction; procurement projects undertaken across the region; discussion about RFS costs; update on regional university opportunities; the regional freight report; the MOU with the ACT Government; council contributions to the Defined Benefit Scheme and Retirement Scheme (noting Councils can no longer afford to pay the increasing ask) and NSW Government Business Relocation Incentive Policy.

· Update on the Federal Government Smart Cities Smart Region program

· Regional sporting opportunities with potential for country rugby league relocation to Belconnen

· Finance report and proposed budget for 17/18

· Canberra Business Chamber membership and liaison

· NSW Roads Congress

· Hosting of a regional Councillor forum following the election for merged Councils in September

· CBR region website update and next steps

· CBR region economic development strategy and links to local plans and the work the Premier's Department is rolling out for the identified economic regions (Bega Valley and Eurobodalla are an economic region and work is progressing on this Regional Economic Development Strategy managed by the State Government with input from local Councils)

· Regional Infrastructure Priorities list developed using matrix developed by Centroc (Central Regional of Councils) - this is a work in progress but all Bega's key projects (water, roads etc) feature well in the model

Ministerial Briefings and meetings:

· The Hon Adam Marshall Tourism/Special Events - noted new regional conferencing strategy being developed; new Destination Network platform; State Cruise Strategy. I raised the issue of hire cars being unable to go on unsealed roads in National Parks the Minister's advisor took the matter up and he suggested we raise with Minister for the Environment who was next on agenda which we did.

· The Hon Gabrielle Upton Local Government/Environment - discussion on Joint Organisations legislation and timing; rates review and timeframe; potential to support Fit/non-merged Councils; LGCI concerns; funding for Jos, hire cars on unsealed roads.

· Hugo Harmstrof CEO IPART - LGCI shortcomings in reflecting real cost of doing business for local government; status of rate review (they provided to Govt some time ago); rate models; constraints imposed by the 1.5% LGCI; special variation processes - they emphasised that Councils do not require community support to apply and implement - was a very useful session with the CBRJO to write to them with the statistics that have been compiled of the actual cost of State Government and other organisation imposts (between 3.5% and 6.9% for the 5 non-merged Councils in the region,. with Euro being the 3.5% with an SV of 6.5%)

· Tim Hurst Acting CEO OLG - Code of Conduct review and expected timings; new common Code of Meeting Practice; rating review; JO update; opportunities for councils to establish corporations

· The Hon Troy Grant Police and Emergency Services - update on NDRRA review with Productivity Commission and Federal Government - this is very welcome and timely considering all the issues we have previously raised and potential solutions including betterment opportunities, day labour, reduction in assessment timeframes and reimbursements to councils; review of where property and service delivery for SES and RFS sit potential for State to take back full management and ownership of sites (great outcome to get off our depreciation schedule) update expected August; discussion on the halt to the FESL and potential impacts on Councils who have commenced works

· The Hon John Barilaro Dep Premier/Regional NSW/Skills/Small Business - JOs, regional development; business relocation opportunities (wait for the budget); link with RDAs funded for six months by State, 3 years by Federal Government, NSW only State that puts funding in); funding coming up from poles and wires and will be announced in the upcoming State budget

· The Hon Bronnie Taylor Parliamentary Sec to Dep Premier and for Southern NSW - capacity to advocate on behalf of region and councils; requested councils and JO to copy her in on correspondence and applications; Destination NSW new approach

· The Hon Andrew Constance Infrastructure and Transport - funding to be announced soon for several projects (got the impression we're on the list); opportunities with the Future Transport project (we are linking our Transport Strategy work to this project and the State's Freight Strategy work and the CBRJO freight study); significant new funding on the way, appreciated the work done on the infrastructure matrix; capacity to look at projects in clusters to get better scores in cost benefit ratios assessments; get letters of support from local members and copy him in on them; let him know about the Council's priority lists for infrastructure; new fixing country roads and Bridges for the Bush rounds about to commence (our staff are already working on these); considerable work ring done on point to point transport and one portal to provide on demand transport in regional areas using taxis, mini buses, community transport

· The Hon Melinda Pavey Roads and Maritime - RMS liaison and getting priority projects addressed

· Dr Nigel Lyons Dep Sec, Strategy and Resources NSW Health - outline of how the LHDs work; issues being addressed; will request that Board meet with all Councils as has happened in the past there has been issues for the SLHD Board to deal with but they are working through them - outline of how clinical service reviews happen

· Kevin Anderson Parl Sec for Regional Roads, Maritime and transport - covered mainly issues covered with Ministers Pavey and Constance

· The Hon Paul Toole Minister Lands, Forestry and Racing - I raised the issues of the review of the Regional Forest Agreement (RFA) in our area which is due next year and requested that whilst Council is not a signatory we be kept informed and consulted and asked what strategic planning was happening in Forestry to support the industry into the future and to consider local mills and timber supply - the Minister undertook to keep us informed; I also raised the capacity to look at release of Crown Land parcels in some or our towns and villages to potentially release land for residential development - there are processes we can work through in our village plans to achieve this; considerable discussion on the implementation of the Crown Lands Management Act and process for next year, Minister again confirmed that State cannot divest to Councils without their concurrence; we raised caravan parks and income we had planned for in our forward planning which was not forthcoming and how we would look to fund the Tathra Wharf into the future, Minister undertook to look at the asset and discuss with us on his next visit to the area, the recent legislation changes relating to Crown Roads closures will provide some streamlining; travelling stock route consultation is about to commence; the Public Reserve Management Fund is being rebadged the Crown Reserves Improvement Fund and enhanced (more to come on this); Native Title impacts in the new Crown Land Management Act were discussed, training for Council staff will be run by the State to assist Councils; club grants and sports grants are also being revamped - there will be no EOI stage, straight to application, amounts now $100-300k and there will be 4 rounds a year

At the dinner on the Wednesday night Lt General Ken Gillespie (NSW Regional Infrastructure Coordinator) and Don Murray, who worked with Ken on the Premier’s Infrastructure review project we contributed to, announced that their final report was complete and would be delivered to Premier and Deputy Premier the next morning. They have presented 4 interim reports during the project; there is expectation that many of their recommendations have already informed the upcoming budget. Water was seen as a critical issue as were roads and economic and community infrastructure.

The Hon Katrina Hodgkinson and The Hon Pru Goward also attended the dinner with Ministers Constance Toole Grant and The Hon Bronnie Taylor

Attachments

Nil

Council	28 June 2017
*Item 9.1 - Attachment 1*	Attachment 1 - Locality Plan

Council	28 June 2017
*Item 9.1 - Attachment 2*	Attachment 2 - Aerial Image

Council	28 June 2017
*Item 9.1 - Attachment 3*	Attachment 3 - Stage 1 Floor Plan

Council	28 June 2017
*Item 9.1 - Attachment 4*	Attachment 4 - Stage 2 Floor Plan

Council	28 June 2017
*Item 9.1 - Attachment 5*	Attachment 5 - Site Layout Plan

Council	28 June 2017
*Item 9.1 - Attachment 6*	Attachment 6 - Draft Consent

Council	28 June 2017
*Item 9.4 - Attachment 1*	Attachment 1 - Community Environment Grants 2017-18 with Recommendations

Council	28 June 2017
*Item 10.1 - Attachment 1*	Tathra Headland Walking Path - Concept Package

Funding source		Amount remaining
Tertiary Scholarship	$	1,000

Council	28 June 2017
*Item 11.2 - Attachment 1*	Bega Saleyards Lease to Sapphire Horizons Pty Limited 2011-2016

Council	28 June 2017
*Item 12.1 - Attachment 1*	Briefing memorandum to Councillors 20 December 2016

Council	28 June 2017
*Item 12.2 - Attachment 1*	Report 12.3 Waste Strategic Working Group presented to Council on 22 February 2017

Council	28 June 2017
*Item 13.1 - Attachment 1*	All Public Submissions to exhibited Integraded Planning and Reporting documents

Funding source		Amount
2017-18 operating Budget	$	215,910

Council	28 June 2017
*Item 13.3 - Attachment 1*	2017 - Annual Determination-Local Government Renumeration Tribunal Report

Council	28 June 2017
*Item 13.5 - Attachment 1*	Council report from 24 July 2012 Licence to Bega Valley Bridge Club

Council	28 June 2017
*Item 14.1 - Attachment 1*	Investment Report May 2017

Council	28 June 2017
*Item 14.2 - Attachment 1*	QBRS March 2017 for 2016-2017 Financial Year

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 Councillor 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

28 June 2017

Staff Reports –Planning And Environment (Sustainability)

28 June 2017

Precis

Description of the proposal

Description of the site

Planning assessment

Zoning

Issues

Submissions

Conclusion

Attachments

Recommendation

9.2. Bega, Tathra, Jellat & Kalaru Planning Proposal

Background

Consultation

Conclusion

Attachments

Recommendation

Staff Reports – Community, Culture and Leisure (Liveability)

28 June 2017

Council

28 June 2017

Staff Reports – Economic Develoment and Business Growth (Enterprising)

28 June 2017

Council

28 June 2017

Staff Reports – Infrastructure Waste And Water(Accessibility)

28 June 2017

Council

28 June 2017

Staff Reports – Governance And Strategy (Leading Organisation)

28 June 2017

Staff Reports – Finance (Leading Organisation)