Agenda of Council - 16 August 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

16 August 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 and Closed session held on 9 August 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)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

Recommendation

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

9 Staff Reports – Planning and Environment (Sustainability)

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

9.1 Review of Development Assessment Service.............................................................................. 9

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 Theatre Twyford project request for support........................................................................... 20

10.2 Short Point - Coastal Accessibility Plan Review......................................................................... 32

10.3 Community Halls Maintenance Funding 2017/18 and Community Hall Committee Nomination 51

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 Proposed disposal of land at Taronga Crescent, Bega.............................................................. 56

11.2 Use of Council Managed Crown Reserves for Markets ........................................................... 65

11.3 Road closure - section of Council public road in Merimbula.................................................. 76

11.4 Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust....... 94

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 NSW Container Deposit Scheme............................................................................................... 114

12.2 Implementation of Food and Garden Organics Collection and Processing........................ 121

12.3 Merimbula Airport Passenger Landing Fees........................................................................... 127

12.4 Bega Valley Local Traffic Committee......................................................................................... 130

12.5 RFT 42/17 Supply and Delivery of one Mobile Tracked Mounted Trommel Drum Screen for Waste and Recycling Services.................................................................................................................... 134

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 Major projects quarterly updates - to June 2017................................................................... 138

13.2 Actions from resolutions of Council - Status Report.............................................................. 141

13.3 Enterprise Risk Quarterly Report (April to June).................................................................... 183

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 Tourism Industry Liaison Group Nominations ......................................................................... 186

14.2 Farmland category review - Update.......................................................................................... 188

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 Cr Dodds: Communities in Control 2017 Conference.......................................................... 200

16.2 Cr Jo Dodds - National Refugee Welcome Zone forum......................................................... 203

16.3 2017 National General Assembly of Local Government........................................................ 206

17 Rescission/alteration Motions

17.1 Rescission Motion Item 21.1 Code of conduct matter .......................................................... 211

18 Notices of Motion

19 Questions On Notice

19.1 Destination NSW Southern - Licence Agreement to occupy office space in the Bega Valley Regional Learning Centre........................................................................................................................ 216

19.2 Ross River Fever........................................................................................................................... 217

19.3 Tree Removal requests Merimbula and Wonboyn................................................................ 218

19.4 Contract information regarding Bermagui CBD Masterplan................................................. 220

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......................... 221

21.1 Organisational structure

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

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 16 August 2017

Item 9.1

9.1. Review of Development Assessment Service

An independent review of Council’s Development Assessment Service is presented. The key finding overall is that Bega Valley Shire is providing development assessment services at a level that is well above the average of its peers when measured against most quantitative and qualitative measures. However more can be done and to this end review recommendations are already being implemented.

Director Planning and Environment

Background

The previous Council requested the General Manager undertake a review of the Development Assessment Service. Development assessment refers to the management of development applications, from the point at which a person is investigating whether they need to make an application (pre-lodgement) through to obtaining the development approval (determination).

The purpose of the review was to gauge the performance of Bega Valley Shire Council in terms of the delivery of the Development Assessment Service. Applicants, development industry, elected members and Council officers were engaged in the process.

Accountability for the management of the Development Assessment Service in Bega Valley Shire Council rests with the Director of Planning and Environment. The Development Assessment Service, however, also relies on inputs from other parts of Council (particularly Customer Contact, Records and Transport and Utilities Group) and organisations outside of Council (Rural Fire Service, State government agencies, etc.).

The review involved benchmarking the relative performance of Bega Valley Shire with comparable councils on a range of qualitative measures; surveying a representative sample of recent applicants to obtain detailed customer satisfaction feedback; mapping and reviewing the business processes associated with development assessment; undertaking a review of governance practices; and engaging with industry stakeholders and with elected members before finally undertaking a workshop with Council officers directly involved in providing the Development Assessment Service resulting in the identification of improvement opportunities.

A specialist planning consultancy, City Plan Strategy and Development, was engaged to undertake the review. A customer satisfaction survey was commissioned as part of the review and undertaken by Micromex Research, who has considerable experience in conducting similar surveys for councils throughout NSW.

The review was undertaken last year and completed in December 2016. A summary of the key findings was presented at a Councillor briefing session in February 2017. Since then the recommendations of the review have been endorsed by the General Manager and Leadership Executive Group and are now being implemented by Council’s Director of Planning and Environment.

A full copy of the review is HERE:

https://www.begavalley.nsw.gov.au/page.asp?f=RES-FLW-30-24-05

Key Findings and Recommendations

Quoting directly from the review:

Overall, Bega Valley Shire is providing development assessment services at a level that is well above the average of its peers when measured against most quantitative and qualitative measures.

In terms of qualitative measures (customer satisfaction), Bega Valley Shire Council’s strengths lie in the helpfulness and professionalism of its staff and the speed of application processing. Speed of application processing is also identified as a strength in the quantitative measures of performance. More than just the speed of applications processing, however, it is the speed of processing relative to customer expectations that drives customer satisfaction and more can be done in this regard.

There are also further opportunities to improve development assessment at Bega Valley Shire Council by increasing resources to address an existing pinch point in the assessment process, and improving the quality and appropriateness of information available via the website to help customers to ‘help themselves’.

Finally, in terms of good governance, the transition to electronic document management requires completion so that the electronic file is the single ‘source of truth’ and to prepare the Council to transition to digital planning systems otherwise known as ePlanning systems. Within the bounds of relevant guidelines issued by the Privacy Commissioner, greater use should be made of the Council web-site and the DA tracking function to make information related to development applications permanently available for public viewing.

Twelve recommendations are presented in four key focus areas: Consistent information and advice; Transparent processes and decision making; Fact-based expectations; and Adequate resources.

To date, four of the recommendations have been fully implemented, five are in progress and three are to be undertaken in the short to medium term (as resources permit).

A copy of the Key Findings and Recommendations is shown in Attachment 1.

Financial and resource considerations

The full cost of the review including the customer satisfaction survey was $63,100 plus staff time.

Funding source

Amount

2015/16 Operational Examination Reserve

2016/17 General Fund Operational Savings

TOTAL

41,300

21,800

63,100

Conclusion

The independent review has provided a comprehensive study of Council’s Development Assessment Service. It involved benchmarking the relative performance of Bega Valley Shire with comparable councils on a range of qualitative measures; surveying a representative sample of recent applicants to obtain detailed customer satisfaction feedback; mapping and reviewing the business processes associated with development assessment; undertaking a review of governance practices; and engaging with industry stakeholders and with elected members before finally undertaking a workshop with Council officers directly involved in providing the Development Assessment Service resulting in the identification of improvement opportunities.

The overall conclusion is that Bega Valley Shire is providing Development Assessment Services at a level that is well above the average of its peers when measured against most quantitative and qualitative measures. However more can be done and to this end review recommendations are already being implemented.

Most importantly is a culture of continuous improvement that enables established practices and processes to be constantly reviewed and the resources allocated to make further improvements.

Attachments

1 . Review of Development Assessment Service - Key Findings and Recommendations

Recommendation

The independent review of Council’s Development Assessment Service be published on the Bega Valley Shire Council website and appropriately promoted to the local development industry, potential investors in the Bega Valley, business and the broader community.

Council 16 August 2017

Item 10.1

10.1. Theatre Twyford project request for support

This report presents additional information for Council’s consideration of the request for support from the Twyford Hall Inc Committee.

Director Community, Relations and Leisure

Background

At the Council Meeting of 26 April 2017 Council considered a report outlining a request for a letter of support for the Theatre Twyford project in Merimbula and future funding applications the Twyford Hall Inc Committee (the Committee) may make. That report is attached.

At that meeting, following a deputation from the Committee, Councillors had a number of questions regarding the Theatre Project and resolved the following:

1. That the matter be deferred and the Council work with the Twyford Hall Inc Committee to clarify outstanding questions following which a further report be presented to Council.

2. That Councillors present any further questions in writing to Acting Director, Community Relations and Leisure, for inclusion in the report including matters already raised:

· Legal advice to clarify legal ownership of the site,

· Ongoing use of the toilets by the public,

· Ongoing access to hiring of the hall and kitchen by members of the public,

· Clarification on use of revenue from the rented properties,

· Clarification on approval for and source of funds already spent.

· Clarification on the community consultation undertaken regarding the proposal,

· Clarification on whether the proposal is the same as that approved by the development consent.

In addition, the following questions were put forward by Councillors as per the Resolution:

· clarification of the history of the land and hall and how these were gifted to the community and for what purpose, and to what extent such a gift should continue to follow the original intention

· clarification of how the kitchen re-fit was funded

· clarification of any other BVSC funding that may have been invested in the asset over time

· clarification of how the Twyford Hall Inc. Committee proposes to proceed within the wider goals of the Shire for performing spaces

· clarification of how the project would be managed or wound up should Twyford Hall Committee Inc. ever disband/cease

· evidence of the need for a small raked seating theatre versus more flexible space

Responses to these questions are in the attached Memo.

Issues

Legal /Policy

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

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

The operating model for the new theatre proposal presented by this entity is dependent on the partnerships with a local theatre groups assuming a “Resident Company” role, including the necessity of profit sharing arrangements to make the operating model viable. It is important that any arrangements adhere to the requirements of the Local Government Act 1993 and the specific requirements of any lease/licence or management agreement.

Strategic

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

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

Cultural Facilities address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Operational / Asset Management Plan

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

Environmental / Sustainability

The existing Twyford Hall has solar panels installed at a cost of $38 000, reducing the energy consumption of the building. It is proposed these panels are relocated to the new Theatre if the project proceeds, to benefit the whole complex.

Social / Cultural

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

Community Engagement and/or Communications

The current Deed with Twyford Hall Inc was developed through lengthy consultation and multiple meetings with Twyford Hall Inc. The current Plan of Management is a public document and during its development included community consultation.

The Theatre Twyford Project has been promoted and advocated for by the Committee for some time, community engagement undertaken is outlined in the attached Memo.

The community has been consulted, as above, on the specific project; however broader consultation has not been undertaken to gauge whether this is the priority project for Merimbula and the Shire. The question of whether the community sees this as value for money project given the increasing costs has also not been specifically addressed.

Financial and resource considerations / Risk

As indicated in the report of 26 April, the Committee is not seeking any direct financial support from Council for this project for both the construction and operation of the new theatre; in fact they have explicitly indicated the funding will be sought from sources other than Council.

The Committee has taken sensible measures to reduce the financial risk with the construction of the shops to provide a level of income for the theatre.

However as the asset owner, Council will continue to own a level of risk in relation to the building. These following considerations should be taken into account:

· The proposal for construction of the Theatre, at an estimated $7.2m, addresses contingencies; however there is the potential for project overruns or unexpected costs that may fall to Council.

· In relation to the viability of the project once completed, information provided by the Committee outlines an operating model that could expect an operating loss; revenue from the shops would be required to ensure a small operating surplus. Any lengthy shop vacancy would have a detrimental impact.

· It should also be noted that while a small surplus can be generated, depreciation cannot be covered for the theatre building. Consideration of the level of maintenance and renewal over the life of the theatre is important to ensure reserves are built, as much as possible, to future proof the asset.

· In the information provided, research was undertaken on similar theatres operated in regional Australia, each of these theatres relied on local government subsidies.

· The model presented is for the new theatre project only and makes the assumption the existing Hall is self-sustaining and will not require contribution from the shops revenue. Experience with the management of ageing community halls suggests that even well utilised community halls that meet operational expenses, will require funds to be identified for larger renewal works to maintain the Hall in a fit for purpose condition.

Options

There are two realistic options:

1. Agree to support the Theatre Twyford project, acknowledging the risks involved, and provide a letter of support for future funding opportunities; or

2. Do not provide a letter of support for the Theatre Twyford project, based on the level of risk involved in the project.

Conclusion

Twyford Hall Inc has been advocating for a raked theatre in Merimbula for many years, and have progressed the project to the Development Application stage. The concept of a raked seating theatre in Merimbula has merit. At the current estimation of $7.2 million to complete the project, expanding the footprint of Twyford Hall has financial risk for Council that should be considered in the decision to provide a letter for support.

Attachments

1. Memo response to questions Theatre Twyford 20170908

2 . Report to Council 26 April 2017 Item 10.1 Tywford Hall Inc

Recommendation

That Council resolve [to provide or not provide] a letter of support for the Theatre Twyford Project; noting the information contained in this report and report of 26 April 2017, which outlines the pros and cons of the project.

Council 16 August 2017

Item 10.2

10.2. Short Point - Coastal Accessibility Plan Review

This report provides a summary of outcomes from the Short Point Coastal Masterplan drop in session and review of the current Short Point Coastal Masterplan and an alternative Plan that has been developed.

Director Community, Relations and Leisure

Background

At the Council meeting on 5 April 2017 Council considered a Notice of Motion regarding the Short Point Coastal Accessibility Masterplan. Council resolved:

1 That Council halt work on the Short Point Coastal Accessibility Master Plan and instead review the document, with particular attention to the placement of the viewing platform and proposed BBQ facilities for accessibility purposes.

2 That the reviewed document is presented to Council for approval before further work takes place.

The Short Point Coastal Accessibility Master Plan was adopted by Council on 14 December 2016.

The issue that triggered the interest and review was an upgrade of the existing viewing platform, specifically provision of a roof shelter over a portion of the upgraded structure to provide shade and shelter to users and summer lifeguards.

Issues

Strategic

A key aspect of developing Strategic Plans is a clear understanding of the objectives, benefits and long term outcomes the Plan is to deliver. The objectives for the Coastal Accessibility Masterplan at Short Point were:

· Improved, safe access to beach, estuary and headland

· Protect and expand the coastal vegetation communities

· Reduction in area impacted by environmental weeds

· Stabilisation and revegetation of all areas subject to erosion

· Improve visual amenity of Short Point

· Enhanced recreational environments and opportunities

· Improved community engagement and education and opportunities focusing on coastal ecosystems, coastal processes, cultural heritage, entrance management and weed management

· Recognition of sites of Aboriginal and European heritage

· Enhanced visitor and tourist experience.

There is no question each of these objectives is important and has merit; however when it comes to implementation sometimes individual objectives can conflict. Too much expansion of coastal vegetation will affect recreational opportunities and potentially views. Removal of recreational features to improve visual amenity can reduce recreational opportunities and will also affect accessibility. Installation and development of structures on the site can affect visual amenity (positive and negative) and can also affect cultural sites. These Plans look to achieve a balance. The wording of the objectives reflects this by looking toward ‘improvements’ and ‘enhancements’.

A comparison of each option against the project objectives, feedback received during the adopted Masterplan project consultation and elements and features included or excluded in each option is attached.

Operational / Asset Management Plan

Asset Renewals - The location of scheduled asset renewals are being directed by the coastal accessibility Masterplans. This looks to achieve best use and value from assets considering changing needs and use. Individual elements and projects are being directed by the Plans and as these come together over time the full value of a coordinated approach to parkland and recreation planning will be realised.

Resourcing - The Plans are being referenced and utilised in external funding applications. (Regional Growth: Environment and Tourism Fund and Department of Primary Industries (DPI) Fisheries Observation Towers Program)

Operational - Elements within the Plan look to balance and meet practical and operational needs with the objectives. (i.e. car and coach parking, distributing use, limiting congestion, accessibility). As a particular example, upgrading the existing viewing platform at Short Point will improve the operational delivery of the summer beach lifeguard program by providing elevated viewing of patrol area and beach (including the rock platform area at the southern end of the beach). It will also provide opportunity for onsite storage of long and bulky items needed by lifeguards (i.e. rescue boards, flags, signs etc.)

Environmental / Sustainability

Protection and restoration of the coastal environment is one of the key objectives the coastal accessibility Masterplans are looking manage and balance, along with accessibility, heritage and recreation use.

Social / Cultural

The coastal environment is one of the key assets enjoyed by residents and drawing people to the Bega Valley Shire and Sapphire Coast. The Coastal Accessibility Master Planning project links these fundamental social and environmental elements and puts improving accessibly and inclusiveness as a key recreation planning objective at the popular coastal sites.

Economic

Implementing the coastal accessibility Masterplans links strongly with improving facilities related directly to tourism and in particular the increasing market area of accessible tourism.

Community Engagement and/or Communications

In the development of the adopted Masterplan in 2016 there was considerable community engagement and consultation. That consultation included posters and notices on site, radio promotion, media releases, on-line surveys, key stakeholder group meetings and site drop in sessions open to all. The information and feedback gathered during this consultation informed the inclusions and outcome in the adopted Masterplan. A summary of the consultation and feedback is included in the Masterplan document.

Drop In Session 18 May 2017

In response to the Council Resolution on 5 April 2017 an open ‘Drop In Session’ was held on 18 May 2017. The drop in session was advertised by media release and Facebook posts. The drop in session was well attended with approximately 40 community members attending over the 2 hour period. Simon Eakin of Spiire Landscape Architects was engaged to attend the drop in session and was accompanied by a graduate student who took notes. Spiire were involved in the Coastal Masterplan Projects and ran the consultations during the project. Councillors Dodds, McBain, Nadin, Steckold and Tapscott attended the Councillor briefing before the drop in session with Councillors Dodds and Nadin staying on for the duration of the drop in session. Council Nadin spoke to the alternative option.

A copy of the alternative Plan was provided to Council officers on the morning of the drop in session. The timing provided little opportunity for officers to put together information and comparison material for use during the drop in session. In saying that, there was good discussion on the pros and cons of each proposal. As the alternative had not been received until the morning of the drop in session, there had not been the opportunity for officers to set up feedback collection on each option from those that attended for Councillors information. A summary of discussion points and notes collated by Spiire is attached. The feedback indicates there was mixed reviews and there was no clear preference of one option over the other.

Following the drop in session, further feedback was sort from Australian Lifeguard Services (ALS). The following questions were asked of ALS. The responses are in italics:

· What are the benefits / requirements from surf lifesavers for the viewing deck?

The viewing deck in its present location on the Masterplan would provide lifeguards with an uninterrupted view north along the beach towards Tura and Tura Headland. This uninterrupted view allows lifeguards the opportunity to survey swimmers that may be further along this long stretch of beach.

The viewing deck as it is currently shown in the Masterplan would also allow lifeguards to store rescue equipment at this location. At present either a caravan or container has been provided which can impede the view of residents/visitors for the 6-7 weeks that it is in place. It is possible, dependent upon suitability, that some form of rescue equipment may be able to be stored here longer term for emergency responses by FSC SLS Branch call-out teams etc.

· Does it need to stay where it is? Can it be somewhere else on the headland and still be used?

In its present location on the Masterplan the viewing deck would allow for better observing of the rock platform and the very southern corner of the beach. Moving this viewing deck further towards the carpark or indeed further to the west of its current location may impede the view of lifeguards if they utilised this structure.

Comparison and Pros and Cons

A comparison of the adopted Masterplan and the alternative Plan presented at the drop in session against the project objectives and feedback from the initial project consultation has been completed by Council officers and is attached. It also includes a comparison of elements and features included or not. A summary of pros and cons identified from that comparison is provided below.

Adopted Short Point Coastal Access Plan:

Pros:

· IMPROVED SAFE ACCESS

o Improved pathways and beach supervision from upgraded viewing platform

o Improved storage for lifeguard equipment under upgraded viewing platform

o Provides compliant or much improved access to all elements. New compliant accessible paths to parkland elements (viewing platform, picnic area, seating & features)

· RECREATION OPPORTUNITIES

o Improves and distributes parkland elements

o Adds picnic and BBQ area

o Provides several 'spaces' for different uses, experiences and group and/or individual use. Paths link elements

o Includes future kiosk in the design. Paths link elements

· HERITAGE

o Several opportunities for information and education signs

· ENVIRONMENT

o Protects and expands coastal vegetation

o Several opportunities for information and education signs

· VISUAL AMENITY

o Consistent design themes. Parkland elements distributed through the parkland area.

Cons:

· IMPROVED SAFE ACCESS

o Location of picnic and BBQ area is approx. 140m from amenities @ 1:20 grade paths

· HERITAGE

o Distributed works area increase risk of impacts. To be managed through Aboriginal Heritage Impact Permit (AHIP)

· VISUAL AMENITY

o Minor impact on views from 8/47 parking areas if the existing viewing platform is shaded

o New access path links will be seen. Impact can be reduced by path colour and softening 'switch back' path by planting.

Alternative Proposal (Single Deck Promenade)

Pros:

· IMPROVED SAFE ACCESS

o Consolidates all parkland elements, simplifying accessibility needs and making them more accessible

· RECREATION OPPORTUNITIES

o Combining steps and terraced seating elements is an interesting and functional feature

· HERITAGE

o Confines work area reducing possible negative impacts. (Aboriginal Heritage Due Diligence Report is required. AHIP may be required)

· VISUAL AMENITY

o Consolidates all elements in an effort to reduce visual impact from carpark and viewing areas.

Cons:

· IMPROVED SAFE ACCESS

o Limited accessible paths beyond the consolidated promenade deck and facilities area

o No improved access to the beach

o Removes shower at beach access. Assume showers located at the toilet block adjacent to the picnic and BBQ area

· RECREATION OPPORTUNITIES

o Consolidating uses and elements are likely to result in some conflicts and reduced functionality, particularly during busy periods. (E.g. gathering areas and pedestrian movement areas; gathering areas and bus / traffic areas; picnic / BBQ area and toilet)

o Removes some elements (sun lounges and viewing platform)

o Excludes some elements (Kiosk and lifeguard storage from building)

o Major deck promenade feature reduces the number of ‘spaces’ available for different user groups

· VISUAL AMENITY

o Potential unintended consequence. Single promenade and deck viewing area will place handrails and people close to and directly in front of approx. 6/47 car parking areas. (Note: When seated in a parked car horizontal hand rails are very close to eye level)

o Large deck and promenade will be a large structure when viewed from the beach.

· ASSET

o Timber deck promenade is a more costly asset than a concrete alternative. Higher capital cost, higher maintenance cost and lower useful life.

Financial and resource considerations

The initial coastal Masterplan projects were grouped as three projects to reduce costs. Taking this approach the cost of the Short Point Coastal Accessibility Master Plan was $12,000 (excl. GST).

The review of the adopted Short Point Coastal Accessibility Masterplan was not planned or budgeted.

Costs to date in undertaking the review are:

Item		Amount
Spiire attendance at Councillor information and drop in sessions	$	1200
BVSC Officer Time – Review, preparation, consultation, coordination, meeting attendance, reporting.	hrs	35

Likely costs to proceed with the review depending on the option taken by Council are:

Item		Amount
Option 2 – Revise Adopted Master Plan (not budgeted)
Develop revised sketch landscape Masterplan for exhibition. Review and consider feedback from exhibition. Provide final draft landscape Masterplan for report to Council.	$	6090
Council Officer time – Review, coordination, exhibition, reporting.	hrs	Approx. 25
Option 3 – Redesign Master Plan
Major review and redesign Masterplan – Consultancy.	$	15k – 20k
Council Officer Time – Review, coordination, exhibition, reporting.	hrs	Approx. 70

Risk

There are a number of risks associated with this project including but limited to:

Reputational risk - Perception that previous consultation, feedback and input gathered which directed the development of the adopted Masterplan has been disregarded and not valued.

Developing and raising expectations Council will be able to deliver all desired outcomes to all. Not acknowledging that achieving balanced improvements across all objectives is the aim of the planning process.

Halting or delaying progress which results in not delivering any outcomes.

Halting or delaying works can create uncertainty in project delivery and future grant applications. This may be managed by redirecting grant funding to other projects elsewhere in the Shire that meet the funding program objectives, if acceptable to the funding agency.

Review and or redesign of the Masterplan is unbudgeted.

Options

1. No Change. (Additional Cost – Nil)

Move forward with the adopted Short Point Coastal Accessibility Masterplan, without shade over the upgraded viewing platform.

2. Revise Adopted Masterplan (Additional Cost – $6k)

Draft a revision of the adopted Masterplan working to the original plan objectives and feedback received including:

· Retaining the viewing platform in its current location to provide alternate spaces for recreation and benefits to lifeguard services

· Attention to the placement of the proposed picnic and BBQ facilities to improve accessibility. (i.e. position closer to amenities to reduce path length).

Exhibit the draft and report the outcome to Council. Advise external funding agencies of progress and expected timeframes to complete their projects. Funding will need to be allocated from Parkland Asset Renewals budget at the cost of other projects.

3. Redesign Masterplan (Additional Cost – est. $15 – $20k)

Based on the deck promenade and facility consolidation approach begin the design process over, disregarding previous consultation feedback on retention of site features (sun lounges and viewing platform) and noting the potential limitations and conflicts and reduced functionality in consolidating all parkland, amenities, and coach parking; and potential for reduced delivery of some of the project objectives. Funding will need to be allocated from Parkland Asset Renewals budget at the cost of other projects.

If the redesign option (3) is preferred the further delay in delivery of externally funded projects will require BVSC to request the transfer of funds to another project in the Shire that meets the grant program objectives. For example, requesting transfer of DPI Fisheries Observation Tower funding towards a viewing platform at the northern end of Aslings Beach in Eden to improve lifeguard services at that location.

Conclusion

The Short Point Coastal Accessibility Masterplan balances objectives relating to accessibility, recreation, environment, heritage and amenity. Noting the thorough consultation and engagement plan delivered in developing adopted Masterplan, and the comments and feedback from the site drop in session on 18 May 2017 there is scope for some changes and improvements to the adopted Plan particularly relating to the location of the proposed picnic and BBQ area to improve accessibility to that element.

The alternative promenade deck proposal consolidates elements into a single structure which is likely to create congestion and potentially some unintended functional and operational problems which will result in limiting delivery of some of the project objectives.

Attachments

1. BSVC Accessibility Project Short Point drop in SPIIRE summary notes

2. Comparison table review Short Point adopted master plan & alternative promenade deck

3 . BVSC Accessibility Projects Master Plan FINAL Adopted Short Point

4 . Short Point Sketch Alternative Proposal Promenade Deck

Recommendation

1. That Council note the report.

2. That Council adopt option 2

“Revise Adopted Masterplan (Additional Cost – $6k)

Draft a revision of the adopted Masterplan working to the original plan objectives and feedback received including:

· Retaining the viewing platform in its current location to provide alternate spaces for recreation and benefits to lifeguard services

· Attention to the placement of the proposed picnic and BBQ facilities to improve accessibility. (i.e. position closer to amenities to reduce path length).

and allocate funding for the revised design work from the Parkland Asset Renewals budget.

3. That the community are notified of the outcome and the process moving forward with the project.

Council 16 August 2017

Item 10.3

10.3. Community Halls Maintenance Funding 2017/18 and Community Hall Committee Nomination

This report presents the recommendations from the Section 355 General Halls Committee for the allocation of the halls maintenance budget in 2017/18, and a nomination for hall committee membership.

Director Community, Relations and Leisure

Background

Hall Maintenance Allocation

There are 19 community halls across the Shire, 18 of which are managed by community committees and volunteers with the assistance of Council officers. Council provides an annual budget allocation for maintenance projects at these halls. These funds supplement the ongoing operations and regular maintenance that is funded through fees and charges.

In 2016/17 five priority projects were identified for funding from the maintenance budget. These were the re-stumping at Wyndham and Cobargo Halls, toilet refurbishment at Wolumla Hall, concrete works at Tarraganda Hall and floor refurbishment and sanding at Kiah Hall. Additional works completed with the maintenance budget in 2016/17 were electrical work at Cobargo Hall, a new tank and water pump at Brogo Hall, and the replacement of gas heating at Murrah Hall.

In 2017/18 the adopted budget for the maintenance/renewal of community halls is $70,000. Potential maintenance projects have been proposed by individual hall committees after consultation with Council officers. These have been informed by the recently completed building condition assessment reports and individual hall Facility Management Plans (FMP).

The Section 355 General Halls Committee (GHC) met on the 27 June 2017 to consider all project proposals in terms of priority, affordability and achievability and the extent to which works would avoid ongoing building deterioration or mitigate Workplace Health and Safety (WHS) risks. As in previous years, the GHC recommended a portion of the budget be allocated to responsive maintenance projects that might arise during the year.

The recommendations of the GHC, in priority order, for the allocation of the maintenance funding in 2017/18 are as follows:

Hall	Project	Amount
Candelo	Address drainage issues at the rear of the hall	$12,000
Quaama	Rebuild internal staircase, external stairs and landing, replace supporting beam and repair internal cladding.	$4,000
Wandella	Re-stumping	$15,800
Brogo	Remove dangerous trees and large stump.	$5,000
Murrah	Repair driveway/carpark, large divots causing WHS issue.	$3,500
Bemboka	Repair external cladding, replace window casements and repair/paint external structural poles.	$3,500
Wolumla	Floor Sanding $5,000 with $3,700 committee contribution.	$1,300
Tanja	Repair and paint external timber cladding	$3,800
	Responsive Maintenance	$21,100
	TOTAL	$70,000

Committee Nomination

An additional nomination has been received for a community hall committee. This is provided in the attached Confidential Memorandum for endorsement by Council.

Issues

Legal /Policy

The GHC is appointed under section 355 of the Local Government Act 1993. Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally.

The delegated functions of the hall committees are set out in the Community Hall Committee Guidelines. These prescribe the manner in which the Committees must operate.

Strategic

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Operational / Asset Management Plan

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual FMP are in place for all community halls.

Social / Cultural

Community halls play an important role as central points for social and cultural activities in towns and villages across the Shire. Partnerships developed with community members to manage and care for these assets, have multiple benefits and support community wellbeing.

Community Engagement and/or Communications

The Section 355 GHC is Council’s key advisory body in relation to the management of these important community facilities. The engagement of GHC members in determining priority projects is valuable as they have a close understanding of the operations and condition of the community halls.

In preparing these project proposals Council officers met with each individual community hall committee on site to review the recently completed building condition assessment report, to consider the FMP, and to discuss the committee’s observations. Potential projects were identified through this process and quotes on works from accredited contractors were sought. The GHC then considered the information provided from all halls and made its recommendations for priority projects. The GHC was unanimous in its recommendations.

Financial and resource considerations

Funding source		Amount
Halls Maintenance and Renewal	$	70 000

Risk

The recommended maintenance projects have been assessed in terms of priority, affordability and achievability, and whether works would avoid ongoing asset deterioration or mitigate WHS risks.

Conclusion

The Section 355 GHC is an effective way that Council consults with the community on community hall projects. The GHC has assessed maintenance projects proposed by individual hall committees and has prioritised eight projects for funding in 2017/18.

A new nomination to Council’s community hall committee demonstrates the ongoing engagement of community members in the management of community halls.

Attachments

1 . Community Hall Nomination (Councillor Only) (Confidential)

Recommendation

That Council note the report

1. That Council endorse expenditure from the 2017/18 halls maintenance budget as follows:

Hall	Project	Amount
Candelo	Address drainage issues at the rear of the hall	$12,000
Quaama	Rebuild internal staircase, external stairs and landing, replace supporting beam and repair internal cladding.	$4,000
Wandella	Re-stumping	$15,800
Brogo	Remove dangerous trees and large stump.	$5,000
Murrah	Repair driveway/carpark, large divots causing WHS issue.	$3,500
Bemboka	Repair external cladding, replace and window casements and repair/paint external structural poles.	$3,500
Wolumla	Floor Sanding	$1,300
Tanja	Repair and paint external timber cladding	$3,800
	Responsive Maintenance	$21,100
	TOTAL	$70,000

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

3. That Council appoint the following nominee to Council’s Community Hall committee as indicated (name to be inserted)

4. That Council officers advise the applicant of the outcome.

Council 16 August 2017

Item 11.1

11.1. Proposed disposal of land at Taronga Crescent, Bega

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

Director Strategy and Business Services

Background

The Tulgeen Group (Tulgeen) have operated their Riverside Nursery and Garden Centre from the land at Taronga Crescent Bega since 1993. Since that time, they have made significant capital investment at the site and have recently obtained development approval to expand the Garden Centre and invest further in capital infrastructure projects. They have sought ownership of the land from Council, which would allow them to progress funding opportunities to further develop the site and provide additional social inclusion and supported employment opportunities for those with a disability.

A report was presented to Council on 26 April 2017 in relation to this matter, recommending divestment of the land to Tulgeen for the sum of $62,720 (plus GST). Following a deputation to that meeting by a representative of Tulgeen , the matter was deferred to allow further discussions to take place with Tulgeen in keeping with Council’s Code of Meeting Practice.

Accordingly, Council’s Mayor and General Manager met with the CEO, Director and Chair of the Tulgeen Board on 13 June 2017 to discuss the options available in order for them to take over ownership of the land occupied at Taronga Crescent. Tulgeen confirmed at that meeting they were not currently in a financial position to purchase the land outright from Council, however were agreeable to a proposal for them to pay for the land by equal instalments over a period of five years.

A copy of the report that was presented to Council on 26 April 2017 is attached for the information of Councillors.

Issues

Legal /Policy

The Taronga Crescent land is currently held under 10 year lease by Tulgeen, which does not expire until 31 January 2026.

The original request received from Tulgeen sought a ‘handover’ of the site currently occupied, however did not clarify if that was expected to occur for nominal consideration. Tulgeen have since clarified they are agreeable to the purchase of the land for the sum of $62,720 (plus GST), however are seeking Council approval to pay for the land by equal instalments over a five year period. The land could be transferred to their ownership at the commencement of the five years, with a loan agreement drafted such that it is secured against the land to be acquired by Tulgeen. Council should also consider lodging a caveat or creating a charge over the land, to be released once the loan is repaid in full.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by Resolution of the Council. The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council.

Strategic

As Council only receive minimum annual rental for the lease of the site and further donate an amount of $6,736 per annum as a rebate off the market rent achievable, Council would save in the order of $6,200 per annum if it were to resolve to transfer the asset to Tulgeen's ownership. Further, the proceeds from the sale could be reinvested into other property asset projects identified by Council.

Other potential alternate uses for the site have been discussed with Council’s Water and Sewer Services and Transport and Utilities Group officers. As the site has now been substantially established by Tulgeen over a period of 24 years, with significant capital investments made on the land, it would be difficult and costly for them to relocate and re-establish elsewhere. For that reason, it is considered the current use of the site by Tulgeen is the highest and best use. Council own approximately 3.86ha of flood-free land on the opposite side of Taronga Crescent from the site occupied by Tulgeen, which could be used for any future Council infrastructure requirements.

Operational / Asset Management Plan

The asset is vacant land owned by Bega Valley Shire Council and is included on Council’s Shire Property Register. It has a zoning of RU1 primary production under Council’s Local Environmental Plan. The site is not impeded by the 1:100 year flood level.

Social / Cultural

The Riverside Nursery and Bega Valley Work Crew provide a valuable social enterprise and local employment for 23 individuals, including those with a disability.

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

Community Engagement and/or Communications

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

Financial and resource considerations

The recent Valuer General’s (VG) land valuation for the four lots contained within the Council owned subdivision (being Lots 401-404 of DP 1223882) at Taronga Crescent provides a total land value of $180,000. The total size of the landholding valued is 35,175m2, which provides a rate of $5.12 per m2. The size of the lot occupied by Tulgeen (being Lot 401) is 12,250m2. An estimate of the value of Lot 401 based on the VG’s 2016 figures would be in the order of $62,720.

Valuer General land values are considered conservative to what may be achieved on the open market, which is evidenced by a valuation obtained for the site in June 2015. That valuation, prepared by Opteon Property Group, assessed the current market value of the land occupied by Tulgeen to be $120,000.

In consideration of Tulgeen’s long term occupation of and financial investment already made at the site, it is being recommended Council consider divestment of the land at the VG value rather than as per the Opteon valuation.

All legal costs associated with this transaction, including preparation of a loan agreement and registration of a suitable caveat, should be borne in equal share by Council and Tulgeen.

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

Options

The options available to Council are:

1. Divestment of the asset to Tulgeen for the Valuer General’s land valuation amount of $62,720 (plus GST), payable by five equal annual payments of $12,544 (plus GST), with the proceeds from the sale to be reinvested into other property projects identified by Council.

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

Conclusion

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

On the basis that Council has already gifted two parcels of land in Eden Street, Bega to Tulgeen, it is recommended Council divest of the Taronga Crescent land at the value as determined by the Valuer General in 2016 rather than for nominal value. To assist Tulgeen with their purchase of the land however, Council is being asked to consider payment from Tulgeen by way of five equal annual instalments.

Attachments

1. Request from Tulgeen - 21 February 2017

2. Letter from BVSC - 16 June 2017

3. Response from Tulgeen - 6 July 2017

4. Plan of Subdivision - Taronga Crescent land

Recommendation

1. That Council approve the divestment of Lot 401 DP 1223882 at Taronga Crescent, Bega to the Tulgeen Group for the 2016 Valuer General’s land valuation amount of $62,720 (plus GST), payable by five equal annual payments of $12,544 (plus GST), with the proceeds from the sale to be reinvested into other property asset projects identified by Council.

2. That a suitable loan agreement be entered into which is secured against the land to be acquired and a charge created over the land, to be released once the loan is repaid in full.

3. That the General Manager and Mayor be authorised to execute the necessary documentation to effect the above course of action.

4. That all legal costs associated with this transaction, including preparation of loan agreement and registration of caveat, be borne in equal share by Council and the Tulgeen Group.

5. That the Tulgeen Group be advised of Council's decision.

Council 16 August 2017

Item 11.2

11.2. Use of Council Managed Crown Reserves for Markets

Council received a report in November 2016 requesting approval to enter into licence agreements with several groups for the use of Council managed Crown Land throughout the Shire. The fees proposed have been challenged by several of the market committees and the purpose of this report is to provide further information to enable Council to make a final decision.

Director Strategy and Business Services

Background

Council officers conducted a public Expression of Interest (EOI) process in July/August 2016 for the commercial use of Council managed Crown Reserves throughout the Shire, as required under the Crown Lands Act 1989 (the Act). A total of seven EOI’s were received, comprising of three market committee, three mobile food vending proposals and one from the existing operators of the Bar Beach Kiosk. Two of the mobile food vending proposals for the use of Short Point and Spencer Park were withdrawn by the applicant following the meeting however a new licence was entered into with Expresso Yourself to operate from the Mogareeka Boat Ramp reserve in Tathra. New licences were also executed for the continued operation of the Bar Beach Kiosk and for Sapphire Coast Producers Association (SCPA) to conduct a weekly farmers market in Littleton Gardens, Bega.

Council also resolved to grant five year licence agreements to Merimbula Rotary Club for their monthly market at Ford Oval and Candelo Market Committee Incorporated for their continued use of the Candelo Recreation Ground for monthly markets. Both organisations have challenged the fee proposed of $5 per unpowered stall and $10 per powered stall. SCPA have been paying the fee structure adopted by Council since November 2016.

Issues

Legal /Policy

As advised in the Council report of November 2016, Council’s Management of Leases and Licences Procedure provides that:-

· Where a group or organisation has regular use of a facility as supported by a legal agreement, it should contribute to the management and maintenance costs of the property; and

· Financial contributions from users of Council facilities should be used to assist with the costs involved in the management, maintenance and minor improvement of the facility or reserve.

When a Reserve Trust is not conducting an activity on a Crown Reserve, it should not take responsibility for the risks involved and should enter into suitable agreements that pass the responsibility to the reserve user via a lease or licence agreement. In the absence of having formal agreements in place, Council is not currently meeting its obligations under the Act.

Strategic

It is important that Council officers, departments and Councillors display a unified approach when dealing with user groups of Council managed land. Applying a level of consistency to how Council manage the existing ad-hoc arrangements for the various markets held throughout the Shire is required. Specifically in relation to:

· Formalising the use of those reserves as required by Crown Lands;

· Acknowledging the commercial aspect of the markets;

· Obtaining a contribution from the organising committees to the upkeep and maintenance of the parkland sites and surrounds (including utilities, power outlets, irrigation, gardens etc);

· Obtaining a contribution to required asset renewals to ensure reserves are fit for purpose (such as power outlets to cope with the markets);

· Consistency in the stall fees charged across the Shire.

It is a requirement under Section 106 of the Act that the proceeds received for the use of a reserve shall be applied for the general purposes of the Reserve Trust and may be invested or applied by the Trust accordingly. Unless the consent of the Minister is sought, there is no ability to spend the proceeds from the use of one reserve toward another Reserve Trust. As well as engaging with the community, it is intended Council officers will continue to consult with the market organising committees to identify suitable projects for all funds held. As the Reserve Trust responsible for those reserves however, it is essential Council have some influence over what improvement projects are seen as a priority by the entire community.

Each of the market organising committees reinvest profits from the markets back into their respective communities, either by way of new infrastructure projects or donations to other groups in need. It is important to note that other than the fee payable to Council as proposed, the market committees will not be required to fund any reserve projects from profits made.

Economic

It is acknowledged the markets held throughout the Shire, contribute to the regional economy and assist local businesses by attracting additional patronage to those towns. Funds raised by the Candelo Market Committee over the years have also contributed to various infrastructure projects for the township of Candelo.

Council officers do not wish to discourage this type of reserve use, however in line with the direction from Crown Lands and as per the practice of all other NSW Councils, a financial contribution to the Reserve Trust should be payable.

Community Engagement and/or Communications

Council’s General Manager, Councillor Tapscott and Council Property and Recreational Assets officers met with representatives of Merimbula Rotary and Candelo Market Committee earlier this year to discuss the proposed fees, why they were necessary and convey Council’s obligations in complying with the Act – which include the need to formalise the use of Crown Reserves by third parties and charge an appropriate fee for the use of those reserves where a commercial gain is being obtained.

Financial and resource considerations

All fees for the occupation and/or use of Council managed Crown Reserves assist the Reserve Trust with on-going maintenance and improvements to those reserves. The best way to guarantee ongoing income for a Reserve Trust is to encourage suitable economic activities within the reserve, as long as those uses are in accordance with the reserve purpose and contribute financially to the operating and improvement costs of the reserve.

The fee structure proposed for the market stall holders is only a small contribution toward the annual costs borne by Council to maintain those facilities in good order and condition and suitable for the purpose.

For the information of Councillors, the stallholder fees charged by the organising committees for markets held on Crown Land throughout the Shire is as follows:-

Market Committee	Crown Reserve Manager	Market Frequency	Unpowered Stall	Powered Stall	Maximum Stalls permitted
Sapphire Coast Producers Association	BVSC	Weekly	$15 non- member $12 member	$20 non- member $17 member	40
Candelo Market Committee Inc.	BVSC	Monthly	$18	$23	300
Merimbula Rotary Club	BVSC	Monthly	$20	$25	152
Pambula Rotary	NSW Crown Holiday Park Trust	Monthly	$20 small site $30 large site	No additional charge for power	Unknown

The fee payable to Council as contained in the Development Consent for the Candelo Markets is $1.50 per stall which was to be used to assist the Council with maintenance and improvements to the Candelo Park Reserve. This fee was set in 1989 and has had no increase applied since that time, however Council’s costs to maintain the reserve (which include employee costs, materials and water usage) have increased each year at a minimum rate of CPI. The Candelo Market Committee also have approval for a further 30 stalls to operate from within the Candelo Town Hall building, however pay a monthly hire fee for use of the Hall directly to the Candelo Hall Committee. For the information of Councillors, the Town Hall is also a Council managed Crown Land asset, however is governed by a separate Reserve Trust to that of the sportsground. Any income received for use of the Hall is to be expended on that asset only. For this reason, they are being treated as separate matters.

We understand that Councillors have been provided with a copy of correspondence from the Candelo Market Committee, detailing all payments made to the Candelo Reserve Committee since the commencement of the Candelo markets.

The Merimbula Rotary Club Development Consent notes the rental fee for each stall shall be in accordance with Council Policy. To date, no market fees have been collected from the Merimbula Rotary market organising committee. Merimbula Rotary have indicated they are willing to pay some level of fee however have concerns about the amount indicated. They have contributed funds to improvements at the reserve over the past and to other Merimbula projects.

Both groups currently charge an additional fee for the use of power, however to date there is no evidence Rotary have paid that fee to Council. Council is responsible for the payment of all electricity usage charges for both sites.

As a comparison, Eurobodalla Shire Council officers were contacted and have confirmed their fee structure for markets held on Crown Reserves as per their adopted Fees and Charges Schedule is as follows:-

User	Fee Payable
Voluntary Service Clubs and Voluntary Rescue/Emergency Services	$94.00 per market per day
Self-Interest Groups raising funds for a specific project or the group’s self-interest	$8.40 unpowered stall
Self-Interest Groups raising funds for a specific project or the group’s self-interest	$12.00 powered stall
All other not-for-profit groups	$16.00 unpowered stall
All other not-for-profit groups	$20.00 powered stall
Commercial markets	$19.00 unpowered stall
Commercial markets	$23.00 powered stall

Although the Eurobodalla fee structure provides a per day rate of $94 for Voluntary Service Clubs (which include Rotary) the development approvals for the three markets of that type which are currently operating within the Eurobodalla Shire, provide a maximum number of stalls permissible between 50–75. In comparison, the size and scale of the Candelo and Merimbula markets is substantially greater which places additional wear and tear on the reserve surface, higher usage of public toilets etc.

The NSW Crown Holiday Park Trust was also contacted and has confirmed they charge Pambula Rotary 25% of the stallholder fee payable to the Market Organising Committee. This equates to $5 per unpowered stall and $10 per powered stall per market, which is equivalent to what was recommended by officers and adopted by Council in November 2016.

The Organising Committees retain the remainder of the stallholder fee they charge, to spend on community projects of their choice.

Risk

Council, as Reserve Trust Manager, is required under the Act to formalise the use of Council managed Crown Reserves by third parties. There is no option therefore to do nothing. The Crown Land Reserves Team in Nowra has also confirmed that once a financial gain is being made from the use of the Reserve, the Reserve Trust must charge an appropriate fee.

Options

The options available to Council are:-

1. Advise Merimbula Rotary Club and Candelo Market Committee Incorporated the fee as previously resolved in November 2016, being $5 per unpowered stall and $10 per powered stall shall apply to all markets held on Council owned and managed land throughout the Shire.

2. Council adopt a daily rate for Voluntary Service Clubs (such as Rotary and Lions) who operate markets held on Council owned and managed land throughout the Shire. Due to the size of the two markets the subject of this report, it is suggested a daily rate of at least $200 minimum would be appropriate (this only equates to 40 unpowered stalls or 20 powered stalls). A fee of $200 per market however would not cover the cost of basic mowing, let alone allow the Reserve Trust to carry out any improvement works to those reserves.

Conclusion

It is understood both of the market committees agree in principle that a fee should be payable for use of the reserves, however they have disputed the fee set by Council and are seeking a reduction to what has previously been resolved. In order to maintain a consistent fee structure and approach to this type of use of Crown Reserves, Council will either need to adopt one fee structure as previously resolved, or introduce a separate reduced fee for markets operated by Voluntary Service Clubs.

On the basis that Pambula Rotary (also being a voluntary service club) pay the same fees to the NSW Crown Holiday Park Trust which is also consistent with the fee payable by Sapphire Coast Producers Association, it is being recommended the one fee structure be adopted for all markets held on Crown Reserves throughout the Shire. The daily rate suggested in the options available to Council is not even sufficient for the Reserve Trust to ensure the reserves are fit for purpose for the markets' use.

Attachments

1. Council Report of 2 November 2016 - Licenses for the use of Council Reserves

Recommendation

1. That Council advise Merimbula Rotary Club and Candelo Market Committee Incorporated that the fee as previously resolved in November 2016, being $5 per unpowered stall and $10 per powered stall shall apply to all markets held on Council owned and managed land throughout the Shire.

2. That Council include this fee structure in future adaptions of its Fees and Charges Schedule.

Council 16 August 2017

Item 11.3

11.3. Road closure - section of Council public road in Merimbula

Council has received an application to close a section of Council public road located in Ocean View Avenue, Merimbula.

Director Strategy and Business Services

Background

A Development Application (DA) for the construction of a new driveway on Lot 2 DP 208862, Ocean View Avenue was approved by Council in 2011. In order for the applicant to construct the driveway to Council standards, an encroachment onto Council’s road reserve was approved. Mr and Mrs Hukins have now made an application to formally close the section of road reserve burdened by their driveway construction to adjoin with their parcel of land. The section of road reserve is currently formed and used to access the site by the applicants.

A current market valuation has been obtained from Opteon Property Group for the 120sqm section of road and has been valued at $15,000.

A plan of the section of road reserve which is the subject of the permanent road closure application appears below.

2305185

Issues

Legal /Policy

If consent is granted to the proposed road closure, Council's Property officers will complete the road closure assessment process and a road closure application will be lodged with Crown Lands for final approval. If approved by Crown Lands and vested in Council, a plan of first title creation will be prepared and then transferred to the applicant, upon payment of the agreed compensation. The applicant has executed a formal Deed of Agreement which provides that upon transfer, the portion of closed road will be consolidated with the applicant’s adjoining parcel of land.

Operational / Asset Management Plan

There is a constructed minor pedestrian linkage within the road reserve that Council contributed to which will be retained for pedestrian access. Due to the topography of the road reserve site and existing construction, Council’s Transport and Utilities Team have confirmed they see no future need for the surplus section of road reserve and have no objections with the disposal of this asset.

Community Engagement and/or Communications

Public notification of the proposed road closure must be completed, with a period of 28 days for submissions to be received. All adjoining land owners and authorities are also formally advised of the proposal.

Financial and resource considerations

The applicant is responsible for all costs associated with the road closure application, subsequent transfer, their own and Council’s legal costs incurred (capped at $1,500) to finalise this matter. In addition to these costs, the applicant will pay Council the sum of $15,000 (plus GST) as compensation for the land as per the valuation.

Options

The options available to Council are:

1. Council approve in principle the proposal received from the applicants for the closure of a section of Ocean View Avenue in Merimbula which adjoins their landholding;

2. Council advise the applicant that the proposed road closure is not supported.

Conclusion

As the adjoining parcel of land is owned by the applicant and closure of the section of road reserve would therefore not impede access to any adjacent parcels of land, it is recommended the road closure proposal be publicly notified. If no objections are received, the Mayor and/or General Manager be authorised to execute the necessary documents to effect lodgement of the road closure application with Crown Lands and transfer of land upon closure.

Attachments

1. Opteon Property Group Valuation Report - Ocean View Avenue, Merimbula

Recommendation

1. That Council approve in principle the proposal received from the applicants for the closure of a section of Ocean View Avenue in Merimbula which adjoins their landholding and that Council's Property officers be advised to commence assessment of the road closure

2. That if no objections are received, the road closure application be lodged with Crown Lands for formal approval and the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure and subsequent transfer of land to the applicant for the agreed compensation and that all costs associated with the road closure process be borne by the applicant.

Council 16 August 2017

Item 12.1

12.1. NSW Container Deposit Scheme

Providing an update on the implementation of the NSW Container Deposit Scheme (CDS).

Director Transport and Utilities

Background

A previous report was prepared for Council at its meeting on 24 February 2016 (Attachment 1) about NSW Government implementation of a Container Deposit Scheme (CDS) commencing on 1 July 2017. The NSW Government subsequently extended the commencement date for the CDS to 1 December 2017 to ensure “maximum possible state-wide coverage from day 1”. This report informs Council of some of the key elements of the legislation and the proposed operation of the scheme, and how the scheme may relate to Council’s new Waste Strategy currently under development

The NSW Government has now released the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation. The regulation sets out:

· the types of beverage containers that will be eligible for a refund and the amount that will be refunded.

· circumstances where an eligible container may not be accepted at a collection point.

· applications and approval requirements for the approval of containers, collection point arrangements and other scheme participants.

· how Material Recycling Facilities (MRFs) will be able to claim refunds on containers collected through the kerbside recycling system, and incentives for Councils and MRFs to negotiate sharing of those refunds.

The Government aims to appoint a single Scheme Coordinator, who will be responsible for the financial management of the CDS, including auditing and validation, as well as community education about the CDS. Network Operators will be responsible for establishing and managing networks of collection points in specific zones across NSW. An announcement of who the Scheme Coordinator and Network Operators are is expected soon.

Issues

Types of beverage containers eligible for refund

Under the CDS, most empty 150 millilitre to 3 litre beverage containers will be eligible for a 10c refund when presented to an approved NSW collection depot or reverse vending machine. Container materials that may be eligible for a refund include:

· PET

· HDPE

· glass

· aluminium

· steel

· liquid paperboard

Containers that are not included in the CDS and therefore do not qualify for a refund are:

· plain milk (or milk substitute) containers

· flavoured milk containers 1 litre or more

· pure fruit or vegetable juice containers 1 litre or more

· glass containers for wine and spirits

· casks (plastic bladders in boxes) for wine and casks for water - 1 litre or more

· sachets for wine 250 millilitres or more

· containers for cordials, concentrated fruit/vegetable juices

· registered health tonics

Strategic

A key strategic issue for Council is the management of refunds for containers collected through the kerbside system. Operators of Material Recovery Facilities (MRFs) must enter into refund sharing arrangements with client Councils otherwise they are ineligible to claim refunds.

Eligible containers collected through the kerbside system are currently owned by Cleanaway under the existing contract (ending 30 June 2018). Recyclables are currently sorted at the MRF owned by Shoalhaven recycling in Bomaderry. If Council continues with a similar model under the next contract, it would be necessary to include appropriate terms and conditions to ensure Council obtains the best return from containers collected through the kerbside service. Refund sharing arrangements would typically be arrived at through the competitive tendering process.

The value of 10c refunds for containers currently in the kerbside recycling stream is likely to be around $0.8M to $1.25M per year assuming around 20-30 containers per bin per fortnight. However, given a proportion of containers will be diverted from the kerbside system to collection points, the residual value of containers in the kerbside system is very uncertain.

The Waste Strategic Working Group has been considering the merits of developing a local MRF from the standpoint of local jobs and aggregating a range of materials that can be processed under a “single roof”. A local MRF offers potential to exercise more control and increase the diversity of materials able to be collected and processed, thereby further reducing waste to landfill. A local MRF could also have a significant long term income stream under the CDS as it would receive residual containers from the kerbside system, and potentially act as a collection hub for smaller collection points. Development of a local multi-purpose MRF would be a significant project and will be one of the main objectives of the new Waste Strategy.

Economic

The CDS ensures the costs of recycling are captured in the price of the goods paid by the consumer. This model moves away from socialising the cost of waste, which is positive. It also represents an opportunity for the local economy.

Conclusion

There is still much uncertainty about how the CDS will operate locally. At this stage the key issues for Council are ensuring it deals with refund sharing under the new collection contract, and considers the strategic potential of participating as a collection point in the scheme via development of a local MRF in the longer term.

Attachments

1. Council Report 24 February 2017 Item 11.2 NSW Container Deposit Scheme

Recommendation

That Councillors note the report on the Container Deposit Scheme.

Council 16 August 2017

Item 12.2

12.2. Implementation of Food and Garden Organics Collection and Processing

This Report seeks Council endorsement of proposed actions to enable collection and processing of food waste via food and garden organics (FOGO) service commencing 1 July 2018.

Director Transport and Utilities

Background

Food waste is a large and growing component of household waste in Australia. Australians throw out $8-10 billion of food every year. As a nation, we waste four million tonnes per annum of food which ends up in landfill.

On 22 February 2017, Council resolved to form a Waste Strategic Working Group (WSWG) and that the diversion of food organics from landfill be considered as a first priority. The WSWG has met on three occasions and has achieved consensus on the desirability of introduction of a food and garden organic collection service.

The WSWG is focussing on a number of key strategic priorities, including measures to significantly reduce waste being disposed of to landfill; improving local economic opportunities and improving services.

Organic waste currently averages 38% by weight of the household general waste stream (i.e. red lid bin), and over 48% in the commercial waste stream. Recovery of this food waste via a Food Organics Garden Organics (FOGO) collection and processing service represents an opportunity to:

· reduce the amount of waste currently being disposed of to landfill

· preserve valuable landfill airspace

· reduce potential methane emissions from landfill

· recover more resources and return them to the economy

· return carbon and nutrients to the soil

· improve the service currently being offered to the community

· demonstrate leadership in waste and resource management

· foster long term behaviour change

In order to meet the procurement timeline for establishing the next waste collection contract (tendering proposed in October 2017), and given FOGO would significantly influence the contract specification, it is timely Council consider this matter now.

Issues

Legal /Policy

The Waste Avoidance and Resource Recovery Act 2001 (WARR) requires the Environment Protection Authority (EPA) to develop a Waste Strategy for NSW. The WARR Strategy targets are not legally binding on Local Government however Council has clear reasons to reduce the rate of waste being disposed of to landfill. FOGO collection and processing is consistent with State Government Policy and Council Policy objectives.

A FOGO collection service provided to households is a domestic waste management service and would be provided in accordance with Section 496 of the Local Government Act 1993 (LG Act). If Council determines to offer a commercial service to businesses, the service can be provided under Section 501 of the LG Act.

Council will require variation to its Environmental Protection Licence for processing of food waste at Merimbula Recycling and Waste Depot. The Licence Variation Application and Review of Environmental Factors have been lodged with the EPA. Council does not require modified Development Consent under the Environmental Planning and Assessment Act 1979 as development for the purposes of a waste disposal facility is permitted without Development Consent under Schedule 1 of the Local Environment Plan.

Strategic

The NSW WARR Strategy contains the following overall objectives and targets in relation to recycling and diversion of waste from landfill:

Increase recycling:

By 2021–22, increase recycling rates for:

• municipal solid waste from 52% (in 2010–11) to 70%

• commercial and industrial waste from 57% (in 2010–11) to 70%

• construction and demolition waste from 75% (in 2010–11) to 80%

Divert more waste from landfill:

By 2021–22, increase the waste diverted from landfill from 63% (in 2010–11) to 75%

The WARR Strategy identifies food and garden waste generated by households, and food waste generated by business as clear priority areas to target increased recycling. Household generated food waste is relatively easy to separate at source, can be collected with modifications to existing collection systems, and can be processed via large scale composting systems similar to those Council has developed at Merimbula Recycling and Waste Depot.

One of the key strategic issues for Council is the value of landfill airspace at the Central Waste Facility, and the accelerating rate at which the asset is being consumed. It is likely, based on current filling rates that approved landfill airspace will be filled by 2034, almost 10 years sooner than planned. Whilst this time remains seemingly distant, the approvals process for landfill is lengthy and controversial. Landfill is on the bottom of the waste hierarchy and becomes more readily justifiable where all reasonable measures to reduce reliance on it have been pursued. Introduction of a FOGO service potentially represents significant social capital in this regard.

Further strategic considerations include the potential for regulatory change (e.g. the introduction of carbon pricing or the Section 88 levy) with a strong sense supported by Council’s community engagement processes, the community genuinely desires greater levels of recycling, more economic opportunity, a clean environment and improved waste services.

Operational / Asset Management Plan

Council currently provides garden waste collection services on a four weekly frequency to approximately 12,000 households in towns and village areas. The most recent customer satisfaction survey indicated there is demand for improved collection capacity to meet garden organic generation rates. The effect of increasing collection frequency is twofold; it creates more capacity thereby improving level of customer service, and increases the collection yield.

Should Council introduce FOGO collection, it can expect to divert between 500 and 1500 tonnes of household generated food per year (initially) from landfill, along with an increased yield of garden waste. FOGO is conservatively estimated to divert an additional 17% of the household garbage that would otherwise be landfilled.

By developing a FOGO processing facility, Council creates the opportunity for commercial food waste generators to access a new service, which Council could incentivise to benefit business and reduce the amount of waste being disposed of to landfill.

A FOGO service necessarily requires a modification to the collection frequency of the green lidded bin. This is to ensure environmental health and neighbourhood amenity issues such as odour and flies are effectively managed. The current garden organics collection service is four weekly. If this service is to be modified to accept food waste, then the frequency must be increased to weekly. Fortnightly FOGO collection is possible, but case studies indicate this approach can prove ineffective in terms of behaviour and may fail to achieve the objectives of the project in the longer term.

Weekly FOGO collection and fortnightly garbage and recycling collection assists in driving behavioural change in the community and helps to ensure greater rates of garden and food waste recovery. Weekly FOGO is the preferred option for these reasons; however, Council may wish to consider retaining a “status quo” service to assist with the inevitable problems that such a change may present to some residents. Weekly FOGO would be the default service and potentially come with incentives to encourage participation rates.

The pros and cons of the three main bin configuration options under consideration are outlined in the following table.

	Bin configuration	Pros	Cons
Option 1 (preferred – default service)	Weekly FOGO (240L), fortnightly recycling (240L), fortnightly garbage (140L) Kitchen caddies and compostable bags provided to households.	Fortnightly garbage collection combined with weekly FOGO leads to significantly higher yield of organic waste compared to option 2. Yields of organics tend to be maintained and improve over time. Likely to be a suitable service for the vast majority of households.	Significant change from current service (but potentially more effective) Overall system cost likely to be higher than current system.
Option 2	Fortnightly FOGO, weekly garbage, fortnightly recycling Kitchen caddies and compostable bags provided to households.	Minimal change from current service (but potentially less effective).	Participation and yields likely to decline over time in areas with weekly garbage collections. Overall system cost likely to be most expensive option.
Option 3 (status quo – available on request)	Four weekly Garden Organics only, weekly garbage, fortnightly recycling (status quo)	Provide for those residents with legitimate needs for weekly garbage (e.g. disposable nappies)	Management of two collection service specifications may have logistical and cost issues. Garden Organic Bins would need to be distinguished from FOGO bins.

Environmental / Sustainability

FOGO offers benefits in terms of preserving landfill airspace, reducing landfill methane emissions (25 x CO₂) and returning carbon, nutrients and structure to the soil.

Social / Cultural

Approximately 35 NSW Councils provide FOGO services to their residents, and with the exception of Penrith, all are located in rural/regional NSW, including Council’s nearest neighbour at Cooma. The change from current collection system to a FOGO system will require a significant community media and education campaign.

Economic

Resources disposed of to landfill are lost to the economy. Recovery of food waste provides potential economic benefits in terms of employment and soil productivity. Recycling of food waste typically provides more jobs than landfill at a lower overall cost to the community.

By providing a facility for FOGO, the potential exists to accept commercially generated food waste.

Community Engagement and/or Communications

A media and education plan has been developed to manage the lead up and commissioning of the FOGO service. A range of media platforms are proposed to be used including print, radio, Facebook and the Waste App. The community will be well informed about the reasons and the benefits associated with the change.

Financial and resource considerations

Landfill airspace is valuable. The full cost of landfill includes the construction, operation and maintenance, capping and closure, replacement and long term monitoring, maintenance and reporting. For the Central Waste Facility, with a projected life of 30 years and a post closure period of 50 years the full cost is estimated to be in the order of $151/tonne.

Weekly FOGO would increase the overall number of bin lifts provided to each household from 7 lifts/4 week cycle to 8 lifts/4 week cycle. A basic financial model is included in the table below.

Financial Model
	Weekly FOGO	Fortnightly FOGO	Current system
Landfill cost per household ($151/tonne)	$63.23	$75.81	$82.11
Weekly FOGO collection cost per household ($1.53/lift)	$79.56
Fortnightly FOGO collection cost per household ($1.53/lift)		$39.78
Four weekly GO collection cost per household ($1.53/lift)			$19.89
Garbage collection cost per household ($1.21/lift)	$31.46	$62.92	$62.92
Recycling collection cost per household ($2.16/lift)	$56.16	$56.16	$56.16
Sub-total collection system cost	$167.18	$158.86	$138.97
FOGO processing cost per household ($100/tonne)	$33.80	$29.64
Garden Organic processing cost per household ($60/tonne)			$14.66
Compost Income/household ($100/tonne)	-$16.90	-$14.82	-$12.22
Sub-total processing cost and income	$16.90	$14.82	$2.44
Grand total system cost	$247.31	$249.49	$223.52

The model assumes collection costs remain similar to current costs under a new contract, and the food waste yield is 1.8kg/household/week for each household participating in a weekly FOGO service, and 1kg/household/week for each household participating in a fortnightly FOGO service. It assumes a mass reduction during composting process of 50% and a processing cost for FOGO of around $100/tonne in comparison to Garden Organics at $60/tonne, which may be considered conservative as it is not proposed to substantially increase field resources above current levels to undertake FOGO processing.

The model does not consider the potential benefits accruing to the commercial and industrial waste sector associated with providing a facility that can process food waste. In addition, the model does not consider the opportunity cost that accrues when Council consumes landfill void space with domestic waste, the charges for which are constrained to reasonable cost under the Local Government Act 1993. Commercial waste disposal charges are not so constrained and can be used to pay the community a dividend beyond simply covering landfill lifecycle costs. This opportunity cost would partly offset the additional cost indicated above.

Overall it is estimated the introduction of a weekly FOGO service would come at a net cost to households of around $24/year. This relatively small apparent increase would be likely to able to be absorbed within current waste income levels subject to normal budgetary review processes.

Risk

Introducing a significant forward thinking change comes with a risk profile. The main risks are:

1. High levels of contamination

2. Lower than expected participation rate

3. Discontent with reduced general waste collection frequency

4. Licence compliance/environmental issues at processing facility

The risks associated with the do-nothing option include more rapid consumption of landfill, less resource recovery, reduced social capital along with potential regulatory intervention (i.e. s88 levy, carbon pricing).

It is essential that if Council determines to introduce FOGO, the risks are effectively managed. There is a wealth of information available in the form of case studies available from the many regional NSW Councils already undertaking FOGO. Council officers have the necessary expertise and resources to manage these risks.

Options

The options considered are:

1. Weekly FOGO, fortnightly garbage, and fortnightly recycling (with status quo service available in certain circumstances) – Preferred option;

2. Fortnightly FOGO, weekly garbage, fortnightly recycling;

3. Status quo/do nothing option.

Conclusion

Council’s landfill void space is being consumed at a rate that will see replacement or extension of the landfill in a time frame likely to be 10 years sooner than planned, without some significant intervention. Introduction of FOGO service is likely to reduce the overall rate of landfilling by 5-10% but possibly significantly more depending on commercial uptake. FOGO would reduce the contribution to landfill made by households by around 17%. FOGO is the only realistic alternative currently available to Council to significantly reduce the amount of organic waste being disposed of to landfill.

Attachments

Nil

Recommendation

1. That Council include weekly FOGO collection, fortnightly garbage and fortnightly recycling as the default service in town areas in the tender specification for the next waste collection contract.

2. That Council initiates a communication plan for the introduction of a weekly FOGO service to households currently receiving garden organic services.

Council 16 August 2017

Item 12.3

12.3. Merimbula Airport Passenger Landing Fees

This report outlines a proposal received from Regional Express to review passenger landing fees at Merimbula Airport and increase passenger services.

Director Transport and Utilities

Background

In response to Council’s draft Fees and Charges 2017/2018, correspondence was received from Regional Express Airlines (Rex)and Free Spirit Airlines, regarding a proposed increase to the Merimbula Airport Landing Fee. The fee had been proposed to increase by consumer price index (CPI) during the annual update of Fees and Charges.

The following resolution was adopted on 28 June 2017, Item 24.1 Airport Fees – Landing Tax:

“The Council Fees and Charges be amended to reflect that the Landing Tax for Merimbula Airport remain at the level charged for 2016/2017 being $11 per head.”

The current passenger landing fee for all paying adult and child passengers is $11.00 per person, which was first adopted in the Fees and Charges 2003/2004 and has remained unchanged since that time.

Also over the past year, Council has been approached by Free Spirit to consider an alternate way to charge for passenger aircraft via a per landing charge similar to the system they operate under at Essendon Airport. Free Spirit also wrote to Council in June outlining their plans for Council’s information. A copy of that letter is also attached as a Councillor only attachment. In June 2017, a request was received from Warrick Lodge, General Manager Network Strategy and Sales, Regional Express Airlines (Rex) outlining a proposed three year agreement between Bega Valley Shire Council and Rex. A copy of the proposed agreement is included as a Confidential Attachment to this report.

The proposed agreement seeks Council’s consideration of an alternative fee arrangement for use of Merimbula Airport. Specifically, the change would affect the way airport revenue, paid by Rex, is calculated and effectively limits subsequent years' fees to 2017 levels plus CPI for three years. The proposal also outlines that during this period Rex will work to increase passenger seats by increasing flights to Melbourne and by increasing direct flights to Sydney. The financial projections, risk, legal, marketing and competition scenarios are documented in the attached Confidential Memorandum to Councillors.

Issues

Legal /Policy

It is imperative that should Council agree with the proposal agreement with Rex, legal counsel is sought to write a binding legal contract.

Strategic

The review of the Airport Master Plan will address options to increase Airside and Landside revenue.

Operational / Asset Management Plan

Council has just undertaken the first Asset Management Plan for the Merimbula Airport. Further work is currently being undertaken on the updating of other key forward plans for the airport for consideration by Council. Funding from the State and Federal governments was announced in 2016 and projects are underway for asset works at the airport.

Risk

As would be expected Rex’s proposal carries the least risk to Rex and the most to Council. This is not an unusual practice when negotiations commence.

The three most likely scenarios along with their potential value/forfeited loss to Council and associated risk profiles are as follows.

Scenario 1: Rex decides to cease services rather than considering an alternative proposal or rejects continuing paying per passenger

· If this occurred, prior to the runway and terminal upgrades being completed, it can be expected to take up to six months to implement an alternative provider.

· Until an alternative provider is found, the main impacts would be:

· reduced access to out of area locations and services

· economic harm caused by reduced travel opportunities into the area

· lost revenue from passenger charges

· media attention until the matter is resolved.

· Rex would need to find an alternative destination to replace the lost business and in order to keep the slots at Mascot and Melbourne.

The risk components of the scenario that impact on Council are rated as a ‘possible’ likelihood of occurrence and a ‘major’ consequence, leading to an overall ‘medium’ level risk until an alternative provider was identified (estimated to be up to six months). The risk components that impact on Rex are not assessed but are deemed significant.

Scenario 2: Due to the improvement in the working relationship over recent months, Rex agrees to continue negotiations leading to an improved partnership outcome

· An alternative provider would not need to be immediately found and services would continue uninterrupted.

· Rex would avoid potential losses of revenue and airport slots.

· Until the matter is resolved, Rex would endeavour to leverage public opinion.

The risk components of the scenario that impact on Council are rated as a ‘possible’ likelihood of occurrence and a ‘minor’ consequence (in comparison to the suspension of services in Scenario 1) leading to an overall ‘low’ level risk. The risk components that impact on Rex go to the level of profit, rather than viability of the service and are not formally assessed, but can be expected to be low.

Scenario 3: Council accepts the Rex proposal

· An alternative provider would not need to be immediately found should Rex choose to forfeit Merimbula – Sydney – Melbourne.

· Rex would avoid potential losses of revenue and airport slots.

· Council incurs the financial impacts.

The risk components of the scenario that impact on Council are rated as a ‘certain’ likelihood of occurrence and a ‘major’ consequence (due to the financial issues) leading to an overall ‘high’ level risk. The risk components that impact on Rex are non-existent and the scenario offers Rex other commercial opportunities.

Options

Council has three options available in response to the proposed agreement:

1. Accept the proposal, ensuring both carriers are treated equally; or

2. Accept the principle of negotiation and use Rex’s proposal to further the negotiation; or

3. Reject the proposal.

Conclusion

The proposed agreement as it stands does little to assist Council maintain airport operations. However it provides a proposal by Rex to increase flights to Melbourne and direct flights to Sydney. This has benefits to local passengers.

Council needs however to make a decision as to the risk to the status quo, including the additional proposed four Melbourne trips per week and improved daily Sydney service, and whether it is worth forfeiting income annually for the proposed three years of the agreement.

The proposed extra flights to Melbourne would be welcomed. How this affects alternative carrier/s is unknown. Council cannot interfere in market competition.

Any marketing initiatives would have to be done for all carriers. There is huge merit in increasing PAX for the broader macro-economic outlook.

Attachments

1. Confidential memorandum to Councillors (Councillor Only) (Confidential)

2 . Airport Asset Management Executive Summary (Councillor Only) (Confidential)

3 . Newspaper article - airport passenger taxes Orange (Councillor Only) (Confidential)

4 . Free Spirit Airline letter to the Mayor (Councillor Only) (Confidential)

Recommendation

1. That Council consider its position into furthering negotiating with Regional Express in relation to its proposal with a default position that Council maintain current charging arrangements, per head, for the Merimbula Airport.

2. That Council complete a Business Plan as a sub component of the review of the 2013 Master Plan with the view of considering the level of subsidy to the airport into the future.

3. That Council promote all air services to Merimbula Airport via social media, Council’s website and signage.

Council 16 August 2017

Item 12.4

12.4. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from their meeting held on 5 July 2017.

Director Transport and Utilities

Background

The Bega Valley Local Traffic Committee is not a committee of Council. Local Traffic Committees operate under delegation from NSW Roads and Maritime Services who are responsible for traffic control on all New South Wales roads.

The Bega Valley Local Traffic Committee held a meeting on 5 July 2017, the minutes of which have been distributed separately. It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

Attachments

1. Map of proposed Truck Zone John Street, Bega

Recommendation

Special Events in Fishpen Area (as previously recommended in Bega Valley Shire Council Local Traffic Committee meeting of 7 June 2017)

1. That consideration be given to ensuring that all road closures for special events around Fishpen are one-lane closures only (and not two lanes).

2. That organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

Special Events – Reboot in Bermagui, 23-24 September 2017

1. That the proposed traffic arrangements for the ReBoot in Bermagui Fun Run on Saturday, 23 September 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

2. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

3. That organisers fully implement an approved Special Event Transport Management Plan.

4. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

5. That organisers have written Police approval prior to conducting the event.

6. That organisers ensure all necessary use of land approvals are in place prior to conducting the event.

Special Events – Eden Whale Festival Street Parade and Car Display, 4-5 November 2017

1. That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 8.00am and 1.00pm on Saturday, 4 November 2017 for the Eden Whale Festival truck display and street parade.

2. That, subject to conditions, Bass Street, Eden be temporarily closed between the Imlay Street and Calle Calle Street intersections between 8.00am and 1.00pm on Saturday, 4 November 2017 for the Eden Whale Festival truck display and street parade.

3. That, subject to conditions, Imlay Street, Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street between 8.00am and 2.00pm on Sunday, 5 November 2017 for the Eden Whale Festival Hot Rod Show and Shine car display and wood chop event.

4. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Albert Terrace and Bass Street, Eden for the Eden Whale Festival on Saturday, 4 November 2017 and Sunday, 5 November 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

5. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

6. That organisers fully implement an approved Special Event Transport Management Plan.

7. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

8. That organisers have written Police approval prior to conducting the event.

Special Events – Bega Fun Fun, 29October 2017

1. That, subject to conditions, sections of the following Council roads be temporarily closed between 4am and 1pm on Sunday, 29 October 2017 for the Bega Fun Run:

a) Full closure of Valley Street, Bega between the Kooringal Place and Poplar Avenue intersections;

b) Full closure of Kirkland Avenue, Bega between Parbery Crescent and Poplar Avenue intersections;

c) Full closure of Poplar Avenue, Bega between Carp Street to the end of the Valley Fields.

d) Full closure of Bega Street, Bega between the Poplar Avenue and Auckland Street intersections.

e) Full closure of Auckland Street, Bega between the Bega Street and Bridge Street intersections.

f) Full closure of Bridge Street, Bega;

g) Full closure of East Street, Bega between the Bridge Street and Carp Street intersections;

h) One lane of Tarraganda Lane, Bega between the East Street intersection and the Bega Country Club;

2. That the proposed traffic arrangements for the Bega Fun Run on Sunday, 29 October 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

5. That organisers have written Police approval prior to conducting the event.

Special Events – Tathra-Bega Community Ride, 24 September, 2017

1. That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 9am to 11am (rolling closures) on Sunday, 24 September 2017 for the Tathra-Bega Community Ride.

2. That organizers of the Tathra-Bega Community Ride engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short term closures for access driveways and side roads onto the Bega-Tathra Road.

3. That the proposed traffic arrangements for the Tathra-Bega Community Ride on 24 September 2017 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5. That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6. That organisers have written Police approval prior to conducting the event.

7. That letters be sent to landowners seeking written approval for the closure of private gates.

8. That Police and Council review the Traffic Management Plan prior to the event being given final approval.

Load Limit – Mogilla Road and Candelo-Wolumla Road

1. That Council approve the establishment of a 15 tonne load limit on Mogilla Road and Candelo-Wolumla Road from the intersection with Snowy Mountains Highway and the Princes Highway.

Load Limit – West Kameruka Road and Kameruka Lane

1. That Council approve the establishment of a 15 tonne load limit on West Kameruka Road and Kameruka Lane.

Request for Truck Zone – John Street, North Bega

1. That Council approve the installation of a 25 metre ‘Truck Zone’ as indicated on the attached map.

2. That Australia Post be advised of the Local Traffic Committee’s recommendation.

Council 16 August 2017

Item 13.1

13.1. Major projects quarterly updates - to June 2017

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

General Manager

Background

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

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

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

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

· Joint organisation and Eurobodalla MOU - implementation achieved

· Major projects - implemented on time and on budget

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

· North Bega Sewer

· Eden Port

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

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

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

A full outline of all progress on key projects is included in the Annual Report which will be considered by Council in November 2017. A monthly officer report is prepared on these and other significant projects for appropriate monitoring and oversight from the senior staff team. Key aspects reported against include:

· Planned outcomes and key outputs

· Progress with timelines and milestones

· Risks and actions to mitigate risks

· Internal and external communication plans

· Budget items including progress against budget

PROJECT	COMMENT
Council elections	The Council elections were held and all requirements met. A report from the NSW Electoral Commission was presented the Ordinary Council Meeting of 26 April 2017.
Councillor Induction	A detailed Councillor induction program implemented. The program continues and individual continuing development plans are being developed and will be finalised by August following adoption of the budget in June. An assessment of the program is currently being undertaken by Councillors to provide reflective feedback for the ongoing development program and for the induction program following the 2020 election.
Community Strategic Plan and associated plans	All plans adopted 28 June 2017
Joint Organisation and MOU Eurobodalla	Legislation relating to the formation of Joint Organisations of Councils has still not progressed. Council is participating in the Canberra Region Joint Organisation and ensuring that projects focus on value adding to the work of Bega Valley Shire Council and providing procurement savings and opportunities for shared or improved services. Operational staff have continued with meetings and developing joint submissions and projects. Representatives of the two Councils met in May.
Merimbula Airport	Works have continued on the water and power upgrade to the site; consultants to assist with the subsequent two works programs have been appointed by Council resolution; the process for the transition of the licence to Council is on target. Asset Management Plan developed and adopted. Review of the Masterplan progressing . The funding deed from the Federal Government was finally received in July 2017.
Eden Port	Liaison continues with Crown Lands the lead in the two Eden Port projects. The State is also now leading a review of land uses in the Port precinct to develop a concept plan for the site.
North Bega Sewer	The tender for works has been resolved by Council. Requirements of funding contract and works on track.
Property Matters	Australasia –tender process underway. Bega Hospital site still in negotiations, announcement by the NSW State Government about relocation of TAFE NSW to the site made by Minister Constance on 7 April 2017. Merimbula Main Street site deed extended until January 2018.
Culture Project	Organisation Culture Index work with Human Synergistics completed. Internal projects aimed at improving communication, innovation and training have been in place 2017.
Destination NSW Board	The General Manager has been appointed and commenced work with the headquarters in Merimbula.

Attachments

Nil

Recommendation

That Council note the major projects update report.

Council 16 August 2017

Item 14.2

14.2. Farmland category review - Update

Providing an update on the Farmland Rates Category review.

Director Strategy and Business Services

Background

In May 2017, Council began a review of its farmland category in order to meet its statutory obligations under the Local Government Act 1993.

Approximately 60% of the residents have now returned and completed the farmland form.

As part of the NSW Government’s Fire and Emergency Services Levy (FESL), Council was required to classify every property in the Shire in one of five ways (residential, farmland, public benefit, industrial and commercial). In some instances, these classifications aligned well with the rating categories currently assigned to each property. However, this exercise also brought to Council’s attention a significant amount of discrepancies in Council’s information. Specifically, that a lot of the properties in the Farmland rating category did not actually meet the definition of “Farmland” for rating purposes in accordance with section 515 of the Local Government Act 1993.

Although Council has historically charged farmland and residential properties at the same rate, the FESL rates, which were determined by the State Government, intended to charge a higher amount to farmland properties. As a consequence, the Farmland Rating Review commenced in May 2017 to ensure our records and the subsequent classifications were precise. The NSW Government then announced the deferral of the FESL in early June, a month before it was due to be introduced across NSW.

However, given the concerns that Council’s information was not up to date, Council decided to pursue the review of Farmland properties in order for it to meet our statutory obligations.

Officers acknowledge that a clearer and better targeted communications strategy would have improved the process and potentially, addressed the current concerns of residents.

Officers are aware that there is an intrinsic connection in the local community with its farming identity and that this process had to be managed in light of these sensitivities.

In order to fulfil Council’s statutory obligations, Council has redrafted for consideration a revised farmland form for residents, in doing so, acknowledging the current concerns raised by residents. Also, it is proposed that a covering letter be attached to the farmland form explaining the reasons for and the process Council has undertaken to review the farmland category.

It is important that the residents complete and return the farmland form in order for Council to update its records.

Issues

Legal /Policy

Section 514 of the Local Government Act 1993 NSW (the Act) requires the Council to declare each parcel of rateable land in its area to be within one or other of the following categories:

· Farmland

· Residential

· Mining

· Business

While section 523 of the Act does not require an annual review each parcel of land within a particular category, councils are required to undertake a general review of the categorisation of all or a number of parcels of land. Officers were not aware of any previous reviews being undertaken of the farmland category at Bega Valley Shire Council in recent times.

The Act defines land as ‘farmland’, for the purposes of rating, as land if its dominant use is for farming (that is, the business or industry of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind, forestry or aquaculture within the meaning of the Fisheries Management Act 1994, or any combination of those businesses or industries) which:

a) has a significant and substantial commercial purpose or character, and

b) is engaged in for the purpose of profit on a continuous or repetitive basis (whether or not a profit is actually made).

Under section 516 of the Act, land is categorised as residential if its dominant use is for residential accommodation or it is rural residential land.

It should be also noted that under section 518 of the Act, land is categorised as a business if it cannot be categorised as farmland, residential or mining.

Financial and resource considerations

While the cost of the review has been managed within the existing operational budget of the revenue team continued recidivism of residents to complete the farmland form could have an impact on other compliance tasks that need to be completed.

Risk

That Council does not fulfil its legislative responsibilities under the Local Government Act 1993 and could risk potential legal action.

Conclusion

Officer’s recommendations to revise the farmland form will address many of the concerns raised by residents and clarify the Council’s legislative responsibilities.

Attachments

1. Farmland Rating Category Form 2017

2. Draft letter farm land review

Recommendation

1. That Council endorse the revised approach in issuing an updated farmland form with accompanying covering letter.

2. That Council continue to review its farmland category as is required every four years or as necessary to ensure compliance with the Local Government Act 1993.

Council 16 August 2017

Item 16.1

16.1. Cr Dodds: Communities in Control 2017 Conference

The Communities in Control 2017 Conference was held on 29-30 May 2017 in Melbourne NSW. The theme of the conference was “What makes healthy communities?”

Cr Dodds

“What Makes Healthy Communities?”

Whilst responsibility for the health of individuals is usually largely delegated to those individuals, many if not most of the factors that affect our health originate outside of ourselves and often outside of our individual control. Councils, along with other levels of government and professional organisations must work collaboratively to provide environments, health initiatives and behaviours that offer citizens the best conditions and opportunities to achieve healthy lifestyles and healthy lives.

This conference provided the opportunity to hear from and speak with a host of big thinkers and leaders in their fields across a wide range of topics. There was also opportunity for extensive networking with attendees from across Australia and across a range of government, non-government organisations, community groups and businesses.

The emergent theme was how to develop better leaders, via alternative models of leadership, knowledge of self, and challenging powerful but disproved notions of human development and behaviour. These ‘new’ leaders can in turn support healthier communities that can produce better leaders.

Speakers included:

Professor Amanda Sinclair – Professorial Fellow at Melbourne Business School, University of Melbourne.

Professor Sinclair presented a challenge to the traditional model of leadership as expressed in the actions listed below:

Traditional Leadership VS Mindful Leadership

Doing Being

Action Stillness

Talking/Telling Deep listening

Striving towards future goals Valuing present moment

By conducting randomly timed interviews, a recent Harvard study found that people were at their happiest when they were simultaneously present in their mind and body. When leaders master their own mindfulness and are proficient in the above mindful behaviours, they are better able to achieve goals.

Being wholly present, without ‘armour’ leads to more trusting relationships with colleagues and others and a more enjoyable and productive working environment and culture.

Attendees were encouraged to challenge their own prejudices and leadership styles, to practice self-awareness and build stronger working relationships utilising mindfulness techniques such as meditation.

Professor Chris Sarra – Member of the Federal Government’s Indigenous Advisory Council; Chairman, Stronger Smarter Institute; Professor of Education, University of Canberra; Director, Australian Rugby League Commission.

Professor Sarra reflected on his years as a secondary school teacher and principal to illustrate his work which empowers young Indigenous people to challenge the stereotypes they have adopted about themselves, and to locate responsibility for these false beliefs with the people who stand to benefit by propagating them. Professor Sarra teaches kids that when others try to pull you down it means they think you are above them – enjoy that – but know your true worth.

With positive role models the young Indigenous people of the Bega Valley Shire will flourish. We can help by challenging our own beliefs and assumptions about the abilities and strengths of these great kids. When we expect more from them we help create stronger-smarter kids and community.

Dr Rebecca Huntley – Social Researcher

After watching episodes of Home and Away a Somali Asylum Seeker remarked to Dr Huntley “Why are all these blonde, rich people so unhappy?” She interrogates Australian belief systems which value health, education and equality, and look, although somewhat cynically, to our politicians for leadership, but are prepared to accept growing inequality, housing shortages and growing homelessness. Instead of recognising the real causes of our problems, we accept politically motivated spin which locates blame onto refugees and other immigrants and unemployed people.

Regional communities such as the Bega Valley Shire may demonstrate more capabilities and strengths than urban communities, as evidenced by our high rates of volunteerism, but are we any more alert to the fallibilities of our governments and are we asking the right questions of our leaders.

Mr Andrew Denton – Media Producer, Euthanasia activist

In conversation with Virginia Trioli, Mr Denton explained why he is so passionate about persuading governments to support all choices for end-of-life care. The vast majority of palliative and hospice care in Australia is provided by a single religious organisation. This organisation then controls much of the debate and policy on end-of-life choices. Australians want more; want to die with dignity and without undue pain and suffering. This is only possible when well-managed, freely available euthanasia is available. But we are still placing doctors and other medical staff in unenviable, potentially illegal and career-ending circumstances as they provide terminal sedation to nearly 10% of terminally ill patients.

With a high proportion and growing, of aged residents, the Bega Valley Shire will increasingly be home to people demanding better palliative support, euthanasia choices and options for disposal and/or celebration of their mortal remains.

Professor Cordelia Fine – Professor of History and Philosophy of Science, University of Melbourne.

Research detailed by Professor Fine indicates that humans and other mammals are predisposed towards learning from those we perceive to be most adaptive, most powerful, and similar to us. Gender studies indicate that much of our preferences may be learned. Professor Fine’s research has led her to debunk the myth that boys are born risk-takers, competitive and promiscuous because of their hard-wired, testosterone-fuelled brains.

If our perception of gender limits us or others, then it’s probably not worth clinging to. Excusing or praising male behaviour because ‘boys will be boys’ may impede our progress towards healthier communities.

Professor Martin Krygier – Gordon Samuels Professor of Law, University of NSW; Co-Director, Network for Interdisciplinary Studies of Law, UNSW; Adjunct Professor, Regulatory Institutions Network, Australian National University; Fellow Australian Academy of Social Sciences.

While liberals should be valued for their capacity to ‘dare to think’ we should also value conservatives for their capacity to check optimism and flag pitfalls, says Professor Krygier.

There are several ideological pitfalls that reduce the quality of public debate: failing to re-examine values we’ve adopted from others; joining the ‘mob’; demonising those we are opposing; depersonalising people so we can ignore or reject their perspectives and needs; sentimentalisation which may idolize victims or demonise perpetrators; polarisation of debate which limits our capacity to deal with complex problems in nuanced ways.

Professor Krygier notes that as we become more disconnected from politics we are also seeing a rise in illiberal democracies, where conservative leaders fail to readdress the accretion of power. To rebalance, leaders must lead on values, not just be great administrators.

Richard Denniss – Chief Economist, The Australia Institute; Author.

Living in one of the richest nations on earth Australians continue to view themselves as economically impoverished. Similarly, the International Monetary Fund website reveals we are not, as so often stated, a highly taxed nation.

Mr Denniss advocates the use of plain language to discuss issues such as housing cost so that people understand the real issues at play – ie profiteering from investors at the expense of those attempting to buy their first home. Budget deficits have become the stick with which to beat down reasonable expectations from governments at all levels for health services, libraries, environmental protection and other community services.

Dr Sandhya Ramrakha – Research Manager, Dunedin Multidisciplinary Health and Development Unit.

The Dunedin Multidisciplinary Health and Development Study is one of the world’s most detailed studies of human health and development. Researchers have followed more than 1000 New Zealanders born in 1972 to observe preferences and behaviours and how these affect outcomes in later life. One result has been the observation that children with low self-control measures experience higher rates of poverty and criminal behaviour.in later years. Whether this tendency was innate or environmental was not clarified.

Ben Pettingill – Disability Activist; Role Model; Motivator

Otherwise fit and healthy 16 year old Ben Pettingill lost his vision by 98% overnight. Once he had dealt with the shock and the medical investigations, Ben realised that the loss of his vision was leading him to a deeper perception of people around him, based not on their appearance but on their words, actions and intentions. Ben advises us to look beyond the surface of things and be open to the surprises and contradictions we will find.

Ben also challenged the presumptions we make about ability, as demonstrated by his insistence on continuing to run marathons, ski and play ball sports. His example was a great reminder that rather than 'dissing' who are differently abled we should be open to seeing people’s ‘other’ abilities.

Attachments

Nil

Council 16 August 2017

Item 16.2

16.2. Cr Jo Dodds - National Refugee Welcome Zone forum

The Inaugural Refugee Welcome Zone Conference was held in Canberra the day after the ALGA Conference in June 2017.

Cr Dodds

The purpose of the conference was to provide an opportunity for representatives of councils currently participating in Refugee Welcome Zone (RWZ), and for those councils considering becoming RWZs, to learn about some of the great programs currently improving the lives of refugees and the Australian communities they now call home. Speakers also addressed the issues facing asylum seekers and refugees and the benefits they have brought to their new communities.

Nai Jit Lam - UNHCR Deputy Representative, Oceania

Nai Jit spoke on the changed nature of war and its impact on the numbers of people seeking refuge:

Sudan is the fastest growing refugee crisis in the world. Two thirds of the displaced are under 13 years of age. A children's crisis. 65 million people currently displaced in the world - 10 million of them since 2016! 28,000 displaced people per day. Behind every number is a human, a person suffering homelessness, danger and trauma having lost everything.

Nature of war has changed. Current wars are unwinnable wars involving multiple antagonists, not just two countries or forces. Nations, rebels, civilians, militias etc. all increase the unpredictability. Returning refugees to their countries is becoming increasingly impossible as wars drag on for years to decades. Need for re-settlement places is outnumbered 13 to 1. The vast majority of refugees will have to stay in the country of asylum.

Once a refugee has reached a safe place, comes the Wait. You wait for everything, for unspecified periods. It is described as being like moving from hell to purgatory.

There's a "crisis of solidarity". Increasing debate, divisive politics and media stories.

Refugees are the first and often multiple victims of terrorism. We need a renewed spirit of compassion and response.

We must invest in programs of support in the hosting countries and spread the support beyond the countries of first contact. We need faster responses to refugee movements from danger. We need ongoing budgets instead of funding year by year. Systematic, not ad hoc responses. If we support the closest host nations you also lift the economy and development of those countries.

Focus should be on the problem and people fleeing are not the problem, war is the problem. No one is willing to invest in tackling this, engaging with this. There's no solid, global governance.

Australia's policy settings regarding refugees must be reset or we will continue to miss opportunities to work within our region to address the factors which create refugee situations and then, how we can have a regional response to rehoming people who cannot return to country of origin.

Sudanese ex-refugee Priscilla has assimilated into Australian society. She spoke about that journey.

Welcome is more than just the hello and the trip to the community centre, it's about feeling like you belong, about family and warmth. Wollongong's Strategic Community Assistance to Refugee Families (SCARF) has provided this for refugees in that area.

Community groups want to see Council involvement, attendance at events, promotion, invitations etc. Demonstrate leadership in being inclusive and welcoming. And groups would love funding!

Priscilla suggests we consider a refugee forum to call together all the people who have some link to refugees - create a directory, relationships and develop a refugee action plan.

Cr Matthew Kirwan of Greater Dandenong Council spoke about his council’s successful collaborations with all relevant services.

Important to collaborate with all relevant groups and organisations so services aren't replicated/duplicated and resources wasted which could be used for supporting refugees and asylum seekers. Greater Dandenong Council created an advisory committee which has been very effective.

Inevitable controversies arose around:

· Work rights

· Employment

· Lodge or Leave policy

When 'asylum seekers' was raised at council meetings, debate often centred around 'losing' jobs to refugees, affirmative action preferencing refugees and the government's recent push for asylum seekers to apply for refuge.

Difficult areas identified were:

· Employment

· Housing

· Broader community engagement

· Greater involvement of decision-makers at all levels

Gradualism was found to be the best way to move forward and brought success which would have been impossible if rushed.

Cr Kirwan advised RWZ councils to keep focus on assisting our refugees, not letting the issue of welcoming, support and integration expand into a debate about racism.

Cr Kirwan welcomed contact with anyone wanting to discuss their programs further by contacting him at matthew.kirwan@cgd.vic.gov.au

Cumberland Council representatives described their innovative pop-up - 'Refugee Camp in my Neighbourhood'.

For two weeks, tents and facilities were erected in a town park. Tours were offered to schools and citizens so they could see and experience some of the lived experiences of their guides, locally settled refugees. It proved to be a great forum for people to be able to ask questions directly to refugees.

Dairy farmer and Toowoomba Region Mayor Paul Antonio gave a passionate description of how he has led conservative Toowoomba to be an outstanding refugee resettlement success story. Toowoomba has a pop of 100,000 and welcomes 200 people per year.

The region has a great community refugee support group who've developed great programs including the biggest Harmony Day in QLD!!

When the Council moved to support refugees, United Patriots targeted Toowoomba as a soft touch. Council talked to police and media and ensured everyone was ready to repel racism. Media management was critical to bolstering compassion and reducing fear of refugees.

The community is now very proud of their efforts to welcome refugees. Regional and rural communities get a win-win inviting refugees. Toowoomba is much more vibrant now and the Karen people have proved to be very fast, reliable workers at the local poultry farm and elsewhere.

Rural Australians for Refugees introduced the 6 metre long Welcome Scroll which was, coincidentally, travelling down to Bega the next day to commence its national journey through the 113 councils already listed and to many more who are joining up.

The Welcoming Cities (WC) project was developed as a network to support us to welcome refugees. WC has developed a standard which will see participating communities internationally accredited.

Career Seekers - Ash Nugent NGO careerseekers.org.au

Partner with employers to create paid internships for refugees.

Often the refugee is a qualified professional. They're supported with weekly contacts. After 12 weeks there's a presentation back to team about the placement and its value. There's a focus on providing a job at the end of the placement.

70 interns were placed last year. Looking to 140 this year.

Ash can meet with council HR teams to get the ball rolling.

Further information can be found using the following links:

Welcoming Cities - An overview

The Australian Standard for Welcoming Cities Public Draft version 1.0

Attachments

Nil

Council 16 August 2017

Item 16.3

16.3. 2017 National General Assembly of Local Government

Report on the National General Assembly held in Canberra 18-21 June 2017. The theme of the Assembly was “Building Tomorrow’s Communities” focussing on how councils can work in partnership with the Australian Government, in particular to meet the current and future needs of local communities

General Manager

Regional Cooperation and Development Forum

The Mayor attended this session and engaged with Senator Fiona Nash on specific regional infrastructure issues. Various presentations were made around the “State of the Region Report”, a copy of which is available at www.alga.asn.au. The report has been provided to staff for use in planning for the local area.

ALGA National General Assembly

Cr Sharon Tapscott:

· Local government has lost nearly $1b to its ratepayers through the loss of indexation

· Local government now sits at 0.55% of federal budget. Down from 1%

· There are many councils a lot worse off than BVSC

· Federal and State Ministers identify LG as being in the best position to know what their communities need and yet, when funding projects, their decisions are based on what will attract votes and disregard the requests of local government.

· Witnessed a very functional manner in which the business paper was dealt with and how a meeting should be run.

· Engaged with over 100 motions, which demonstrated that the whole of Australia has issues, some different, some the same, but funding or lack of being the divining factor in making decisions.

· Witnessed an increase in the indigenous voice previous to other years.

· A greater representation of indigenous issues.

· Cyber disruption /ransom and terrorism on the agenda prominently for the first time.

(Where responsibility lies and the need for all LG to have response plans)

· Bill Shorten asked every Local Government for their top three funding projects. We will give him five.

· Social media identified as the major player in the media space and the consequences.

· Whilst listening to the Ministers was informative the best information came from the floor through other councils.

· Smart Cities .... New buzz word

· Digital technology is behind all new innovations....keep up, or be left behind.

· Modern Local Government takes a more holistic approach to communities, providing service where gaps appear and being innovative in their approach to the provision of the historical services, roads, rates and rubbish.

Cr Jo Dodds

Motions and debate were enthusiastic and it was a very exhilarating and worthwhile experience to help set the agenda for local government at the highest strategic level for the next 12 months.

Highlight motions included, that the NGA:

o call on State and Federal Governments to include family violence clauses in all work place policies

o advocate for better sporting facilities and amenities for women and girls

o advocate for great incentives for young entrepreneurs under the National Innovation and Science Agenda

o advocate a review of the amount and method of indexing Financial Assistance Grants

o advocate for a fully funded Mental Health Agreement reflecting a whole-of-government approach

o call on local government to preference investment in financial institutions which do not invest in, or finance the fossil fuel industry (where no decrease in interest occurs) – Eurobodalla

o advocate for a National Flying-Fox Management Framework - Lockyer

o all councils consider lobbying to Change the Date of Australia Day away from 26^th January. After very robust debate this issue was accepted by a narrow margin - Hobart

· Senator Fiona Nash and Opposition Leader Bill Shorten spoke enthusiastically about the value and power of local government to bring positive change for communities. Mr Shorten invited all councils to submit their list of the top three priorities for their region. Will use these local priorities as the basis of a to-do list

· Sir Peter Cosgrove, patron of over 170 organisations, spoke about:

o his tour of local government areas across Australia, particularly around the time of the local agricultural show because he recognises the effort and determination of people involved in primary industries.

o “You’re closest to and most involved in and most relevant to the everyday lives of Australians. If communities want something done – an oval mowed, a new library service or a community centre upgraded, it is you, local government, they turn to. Local governments are the key to building tomorrow’s communities – museums, open spaces and community spaces where people can live lives to the fullest”

o Invited nominations for the Honours list to recognise our many, magnificent community volunteers. Application process has been simplified.

o Intends to visit all shires before end of his tenure.

· Laura Tingle - Journalist and author:

o Importance of addressing climate change increases as state and federal governments continue to be distracted by polls and infighting.

o Infighting results in degraded leadership models: “When things aren’t going well now, you top the leader. Within the political bubble there is little incentive to perceive yourselves as part of a team.”

o Addressed the recent shift in federal politics towards the political centre and the cross currents which One Nation, NXP and Cory Bernardi’s parties provide.

o The last budget saw the Coalition move its economic policies back to the centre, “After years of debt and deficits rhetoric and the current Treasurer arguing there was a spending problem, not a revenue problem, the government conceded defeat and used tax measures to plug the hole in the budget.”

o Zombie spending cuts were dumped and funding for disability embraced.

o Expectations in politics – what do we expect of governments in this disrupted age? We have lost the sense of a cohesive narrative to tell the story of how and why we set policy.

o Polls indicate voters have stopped paying attention to politics. But they have faith in the institutions to express the will of the people.

o The task of current leaders is to “appear vaguely competent and have a clear set of policy ideas they seek to implement” but first “they need to rework the way they think about themselves” There must be a sense of common purpose – self-interest must lie in having government operating effectively, because without this, no other agendas can succeed.

o Responsibilities for many issues are shifting up the chain of government from local through state, to federal level.

· Leigh Sales – Journalist and Author

o Digital and social disruption has radically changed how we get our news.

o We now need to supply multiple short news grabs rather than a daily long-form piece. This makes exploring big issues difficult.

o Trivia fills the space where once we had informed, considered content - think “Covfefe”, Facebook and Twitter.

o Shortened news cycle places more pressure on politicians for immediate comment.

In between plenary sessions it was a great pleasure to meet councillors and staff from across Australia and learn of the innovation and great projects being delivered to diverse communities.

Conference resolutions

As part of the Conference Bega Valley Shire Council presented on two motions, previously endorsed by Council.

1. That the National General Assembly call on the Federal Government to commit to a fully funded Mental Health Agreement that reflects a whole of government approach.

This motion was carried by the NGA and will now be considered by the ALGA Board at a Special Board meeting convened to deal with all NGA Resolutions.

2. That the National General Assembly strongly advocate for a review of the NDRRA assessment and financial reimbursement processes and the introduction of a national funding mitigation infrastructure funding program aimed at assisting Councils nationwide to protect crucial infrastructure from increasing flood, storm, ocean and fire events.

This Motion was included in Section A of the NGA Business papers which included Motions consistent with ALGA policy. All motions in Section A were carried as a block. It will now be considered by the ALGA Board at its Special meeting.

Attachments

Nil

Risk Name	Status	Recent Activity
CF1 Fraud & Corruption		· Council's Fraud and Corruption Policy is now adopted following exhibition with no comments received. · Fraud and Corruption Procedures and Plan have been drafted but require further refinement before being implemented. · The Manager of Planning Services is currently undertaking the ICAC Development Assessment Internal Audit.
CR3 Council fails to respond effectively to disaster event(s)		· Draft Charter for the Local Emergency Management Committee was developed for consideration by the Committee at their July meeting.
CHS1 Health of shire population		· Safe Handling of Gaseous Chlorine Training was delivered to key staff late June as part of the National Water Training Package (NWP).

Council	16 August 2017
*Item 9.1 - Attachment 1*	Review of Development Assessment Service - Key Findings and Recommendations

Council	16 August 2017
*Item 10.1 - Attachment 1*	Memo response to questions Theatre Twyford 20170908

Council	16 August 2017
*Item 10.1 - Attachment 2*	Report to Council 26 April 2017 Item 10.1 Tywford Hall Inc

Council	16 August 2017
*Item 10.2 - Attachment 1*	BSVC Accessibility Project Short Point drop in SPIIRE summary notes

Council	16 August 2017
*Item 10.2 - Attachment 2*	Comparison table review Short Point adopted master plan & alternative promenade deck

Council	16 August 2017
*Item 10.2 - Attachment 3*	BVSC Accessibility Projects Master Plan FINAL Adopted Short Point

Council	16 August 2017
*Item 10.2 - Attachment 4*	Short Point Sketch Alternative Proposal Promenade Deck

Council	16 August 2017
*Item 11.1 - Attachment 1*	Request from Tulgeen - 21 February 2017

Council	16 August 2017
*Item 11.1 - Attachment 2*	Letter from BVSC - 16 June 2017

Council	16 August 2017
*Item 11.1 - Attachment 3*	Response from Tulgeen - 6 July 2017

Council	16 August 2017
*Item 11.1 - Attachment 4*	Plan of Subdivision - Taronga Crescent land

Council	16 August 2017
*Item 11.2 - Attachment 1*	Council Report of 2 November 2016 - Licenses for the use of Council Reserves

Council	16 August 2017
*Item 11.3 - Attachment 1*	Opteon Property Group Valuation Report - Ocean View Avenue, Merimbula

Council	16 August 2017
*Item 11.4 - Attachment 1*	Council Report 17 May 2017: 11.1 Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust

Council	16 August 2017
*Item 11.4 - Attachment 2*	Romfam Executed Deed of Variation Due Diligence Deed dated 7 June 2017

Council	16 August 2017
*Item 12.1 - Attachment 1*	Council Report 24 February 2017 Item 11.2 NSW Container Deposit Scheme

Council	16 August 2017
*Item 12.4 - Attachment 1*	Map of proposed Truck Zone John Street, Bega

Council	16 August 2017
*Item 13.2 - Attachment 1*	Outstanding Council action for period 01.04.2017 to 30.06.2017 at 25.07.17

Council	16 August 2017
*Item 13.2 - Attachment 2*	Completed Actions from Council Meetings 1 April 2017 to 30 June 2017

Council	16 August 2017
*Item 14.2 - Attachment 1*	Farmland Rating Category Form 2017

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

16 August 2017

Staff Reports –Planning And Environment (Sustainability)

16 August 2017

Staff Reports – Community, Culture and Leisure (Liveability)

16 August 2017

10.1. Theatre Twyford project request for support

Background

Issues

Legal /Policy

Strategic

Operational / Asset Management Plan

Environmental / Sustainability

Social / Cultural

Community Engagement and/or Communications

Financial and resource considerations / Risk

Options

Conclusion

Attachments

Recommendation

Council

16 August 2017

Staff Reports – Economic Develoment and Business Growth (Enterprising)

16 August 2017

Council

16 August 2017

Staff Reports – Infrastructure Waste And Water(Accessibility)

16 August 2017

Council

16 August 2017

Staff Reports – Governance And Strategy (Leading Organisation)

16 August 2017

Staff Reports – Finance (Leading Organisation)

16 August 2017

17.1. Cr Tony Allen - Rescission Motion Item 21.1 Code of conduct matter

Council	16 August 2017
*Item 14.2 - Attachment 2*	Draft letter farm land review

Council	16 August 2017
*Item 17.1 - Attachment 1*	Local Government Act 1993 Sect 372

Council	16 August 2017
*Item 17.1 - Attachment 2*	2017.08.09 Letter to the editor Magnet Thursday 20 July 2017