Agenda of Council - 21 February 2018

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 21 February 2018

Item 9.1

9.1. Tathra River Estate Planning Proposal

This report seeks to finalise the draft Planning Proposal for Tathra River Estate.

Acting Director Planning and Environment

Officers Recommendation

1. That Council resolve to apply zoning and minimum lot size controls to the Tathra River Estate site as follows:

· Apply part R5 Large Lot Residential Zone, RE1 Public Recreation Zone and E2 Environmental Conservation as per Figure 2

· Apply a 1ha lot size to the R5 Large Lot Residential Zoned land as per Figure 4.

2. That Council proceed to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 28) for Lot 2 DP 582074 in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

Executive Summary

The Tathra River Estate site has remained deferred from the Bega Valley Local Environmental Plan 2013(BVLEP 2013) following submissions from the site’s owner and community members. Tathra River Estate was formerly in the Bega, Kalaru and Tathra draft planning proposal, but was removed to allow for more detailed discussions with the landowner to address issues pertaining to zone boundaries and environmental concerns.

The Tathra River Estate deferred site includes “Stage 2” which has been subdivided and developed ready for sale and the balance of the property to the north and west of the Stage 2 subdivisions. Council officers have had several onsite inspections and meetings with the landowner and their consultants, to confirm appropriate areas for future subdivision, lot densities and ensure appropriate buffers to the Bega River estuary and wetland areas. The owner has indicated support for the proposed zones as depicted in Figure 2 of this report.

This report recommends Councils’ adoption of the E2, R5 and RE1 zoned areas as depicted in Figure 2 of this report and the application of the 1ha minimum lot size to the R5 zoned area.

Background

Council officers have been preparing a series of Planning Proposals to finalise sites identified as ‘deferred matters’ under BVLEP 2013

The Tathra River Estate Site was previously part of the Bega, Kalaru and Tathra draft Planning Proposal. On 29 June 2016, Council considered a report on this draft Planning Proposal and resolved as follows:

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

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

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

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

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

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

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

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

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

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

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

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

On 27 January 2017, the Department of Planning made a Gateway Determination to allow the proposal to be publicly exhibited for a period of 28 days as shown in Figures 1 and 3.

A further report was presented to the meeting of 28 June 2017, to remove Tathra River Estate from the Planning Proposal to allow the completion of discussions with the landowner regarding the extent of proposed residential zones on the site. Council resolved:

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

Figure 1: Zones Exhibited in Planning Proposal

Figure 2: Amended Zones

Figure 3: Lot Sizes Exhibited in Planning Proposal

Figure 4: Amended Lot Sizes

Community Engagement

Consultation undertaken

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

The Gateway Determination required consultation with NSW Rural Fire Service and NSW Office of Environment and Heritage.

A total of eight (8) submissions were received, two (2) from government agencies and six (6) public submissions.

Summary of Submissions

NSW Rural Fire Service raised no objection to the proposed zoning for the site in recognition of the bush fire safety authority issued for the approved 32 lot subdivision (Stage 2). However they noted future development in the northern and north western portions of the site, which do not currently benefit from any subdivision approval, will need to consider public road access provisions in Section 4.1.3 of Planning for Bushfire Protection 2006. The site is constrained with regard to the broader public network not providing for ‘through’ road access.

The NSW Office of Environment and Heritage raised no objection to the proposed zoning.

Public submissions

Issues raised	Staff Response
Larger area of land should be reserved for environmental protection and additional lot yield reduced	There will be significant areas of land reserved for environmental protection and / or dedicated for public use. These areas will result in a comprehensive foreshore reserve system that surrounds the proposed future development areas and provides connectivity to existing public reserves and the estuary itself. Final lot yield will be the subject of extensive reports that will be required as part of any future development application for the site.
Enabling the use of the Lot Averaging Clause will create lots smaller than the minimum lot size of 1 hectare	This can arise as is the case in the current Stage 2 - 32 lot subdivision. However these smaller lots are balanced by lots larger than 1ha. The maximum lot yield is not impacted by the Lot averaging clause.
Planning proposal does not include a precise number of lots that will be created but instead estimates between 20 and 30 which could have a considerable difference for demand of existing infrastructure.	Final determination on lot yields cannot be determined until future development applications are lodged. Impacts on traffic numbers would be a major infrastructure consideration. The current stage has resulted in the upgrade of the main intersection with Tathra Rd and Thompsons Dr and minor road widening within the original estate area. Should predicted traffic increases require further upgrades to road infrastructure than this will be a condition of development consent.
Cumulative impact from additional lots will have a negative impact on water quality in terms of pollutants from properties and storm water runoff and the need to increase the area of E2 land to the north and west of the site	Staff recognised this issue and supported by community concerns have reduced the northerly and westerly extents of the proposed R5 zone. This reduction in the R5 zone has been mirrored by a respective increase in the E2 zone area and RE1 public recreation zone on the western river flats. These changes have included the removal of major drainage lines from the development area. Stormwater management studies will be required as part of any future DA and this may result in stormwater treatment measures being a requirement. Each lot in the current Stage 2 has extensive restrictions and requirements with regard effluent disposal and it would be expected that such controls would be potentially greater depending on the soil types, slope and setbacks required from the estuary and wetlands.
Increase the intensity of traffic conflict during peak holidays periods	The intensity of traffic during holiday periods is an existing issue in Tathra River Estate due to the presence of holiday houses and standard holiday family visitation. Traffic studies will require this increased impact to be considered as part of any future development application. There is no current proposal to open up vehicular access to the public reserve system or Bega River.
Erosion of the existing fire trail access from Thompsons Road to Fauna Grove from increased use by cyclists and pedestrians	Whilst this issue is important, it is not directly impacted by the current proposal. The trail in question is on land owned by the Bega Local Aboriginal Lands Council and both Council and the RFS have previously provided assistance in addressing erosion issues. The major problem with the firetrail is the illegal use of the trail by four wheel drives and motorbikes.

Environmental / Sustainability

The Bega River Estuary is a highly valued natural asset, with extensive areas of wetlands and saltmarsh all of which require significant protection. Apart from its environmental values the estuary provides significant recreational opportunities for fisherman, water skiers, canoes, kayaks and bushwalking.

The environmental and recreational significance of the estuary have been the upmost consideration in the development of an appropriate set of zonings for the site. The undeveloped sections of the property are arguably the most environmentally sensitive, scenic and valuable parts of the property. As such in determining the preferred zoning outcomes staff feel that the appropriate environmental protections have been put in place and a huge range of recreational opportunities will become available to local residents and visitors.

The proposed zonings will result in large areas of E2 zone land providing buffers between the proposed R5 zonings and the estuary, wetlands and foreshore areas. The proposed area of RE1 Public Recreation zoning has also increased with the removal of part of the original R5 zone that stretched west to the river flats and along the western peninsular.

The proposed set of site zonings also have been developed in cognisance of the Bega River Estuary Management Plan and its management strategies and provide an appropriate level of environmental protection, whilst providing the opportunity for the landowner to pursue some level of development and provision of housing in what is a much sought after part of our Shire.

Attachments

Nil

Council 21 February 2018

Item 9.2

9.2. Wallaga Lake Entrance Management Policy

This report considers the impacts of reducing the time frame associated with the secondary opening height for Wallaga Lake.

Acting Director Planning and Environment

Officers Recommendation

1. That the Primary Opening trigger level for Wallaga Lake remain at 1.25m AHD (Australian Height Datum) as per the adopted policy of December 2016 and accompanying Review of Environmental Factors;

2. That the discretionary, secondary opening trigger of 1.1m – 1.25m AHD following a 3 month closure remain with the following additions:

“Wallaga Lake may be opened at or above 1.1m AHD following a 3 month closure, or if significant rainfall is predicted in the catchment (100mm+) and / or other exceptional circumstances are occurring such as essential public infrastructure requiring urgent maintenance, or damage occurring to private property or business operations including farm operations. Exceptional circumstance openings at heights between 1.1m and 1.25m AHD will be based on the advice of Council Environment staff with advice and approval being required from the Office of Environment and Heritage, Department of Primary Industries – Fisheries and Batemans Bay Marine Park Authority.”

3. That Council staff offer to assist landholders in the Wallaga Lake catchment that are impacted by high water levels and salt intrusion with developing potential mitigation measures.

Executive Summary

At its meeting of 22 November Council endorsed the following Notice of Motion:

“That Council officers present a report to Council which examines the opportunity to amend the timeframes associated with the 1.1 m secondary opening trigger for Wallaga Lake.”

This report discusses the impacts of reducing the time frame associated with the secondary opening trigger for the lake and proposes alternative considerations be added to the current secondary trigger.

Background

Wallaga Lake has an existing Entrance Opening policy, based on triggers and processes that have been successfully implemented for many years. Opening at heights below the adopted trigger of 1.25m AHD is generally not recommended, however, by amending the policy in line with the above recommendations, it allows more flexibility to take action in circumstances such as damage to the causeway or operational impacts being experienced by landholders. State Government agencies have indicated that they would not support moving to a permanent trigger lower than the current adopted policy, and would not support shortening the timeframe associated with the secondary opening height. This report proposes a solution that in general, would be supported by the agencies and also allows some flexibility to open under exceptional circumstances.

The current Entrance Management policy was adopted by Council in 2016 following an extensive community and stakeholder engagement process. The following flow chart depicts the current Entrance Management Policy decision framework including the current opening triggers;

The inclusion of the secondary opening trigger (see box 3 in the flowchart) was developed in response to concerns from landowners and aimed at providing relief for affected landholders in the catchment who may be impacted by elevated water levels and salt water intrusion for prolonged periods of time. It was thought that three months would be sufficient time for fringing wetland communities (many of which are endangered ecological communities) to absorb sufficient water to maintain a healthy ecological state. While there has been no studies conducted or data collected, this time frame was thought to be an appropriate balance between mitigating nuisance flooding on private properties and promoting estuary health.

The current three month time frame is an appropriate balance between consideration for impacts on private property owners and ensuring the valuable estuarine ecosystems receive inundation and wetting required to maintain them. The three month timeframe also provides a greater chance for rainfall events to occur that would push the lake to the preferred primary opening datum.

Staff recommend the retention of the three month timeframe, with the addition of further criteria for which openings may be considered during the three month timeframe, when the lake is above 1.1m AHD. Further considerations would include significant rainfall being predicted in the catchment (100mm+) and / or other exceptional circumstances occurring such as essential public infrastructure requiring urgent maintenance, or damage occurring to private property or business operations including farm operations.

Community Engagement

Consultation undertaken

Extensive community consultation was undertaken in 2016. Community drop in sessions were held and media produced which advertised the current triggers. The community were generally supportive of the policy with the exception of some local land holders who suggested the opening trigger be lowered. The opening policies have been publically available on Council’s website since adoption in December 2016.

Consultation Planned

Extensive stakeholder consultation with DPI – Fisheries, NSW OEH and Batemans Bay Marine Park Office will be required should Council resolve to amend the policy.

Council consideration of input

The existing policy was adopted by Council in December 2016. Council resolved on a Notice of Motion in November 2017 which has resulted in this report.

Legal /Policy

Council is required to gain approval from the Office of Environment (OEH), Heritage and DPI Fisheries and the Batemans Bay Marine Park Authority to undertake opening works. Currently, Council has approval to open the lake under the conditions outlined in the current policy. If these triggers were to change, Council would be required to seek additional approvals for the works.

Both DPI Fisheries and OEH have been contacted to consider this proposal, their responses are detailed below:

DPI Fisheries

“One of the main aims of the ICOLL opening policies is the gradual transition to a higher opening trigger, with the ultimate object of reaching a natural opening regime. The current policy has provision for opening the lake at levels above 1.1m where exceptional circumstances occur. This is evidenced by the recent opening to facilitate repairs to Wallaga Lake Road. In this instance Council Staff undertook negotiations with relevant stakeholders and agencies and agreement was reached that a premature opening was warranted as vital infrastructure was at risk. Should the amendment to the secondary opening trigger be adopted, consultation with, and concurrence from, DPI Fisheries and other relevant agencies will be required prior to any such opening occurring. Each 'exceptional circumstance' to open the lake above 1.1m AHD and below 1.25m AHD, will be considered on a case by case basis and concurrence from DPI Fisheries will only be provided where it is clearly demonstrated that the social, environmental and economic benefits greatly outweigh any potentially adverse impacts. DPI Fisheries fully supports the 3rd recommendation. With the event of sea level rise significant areas of pasture land will be increasingly subject to saltwater intrusion. Council will need to develop long term planning and strategies to assist land holders into the future”.

OEH

“In general, OEH supports as minimal entrance interference as possible within the existing constraints of inundation of assets. Over the long-term council should work towards raising the trigger levels to restore a more natural opening regime. This will become increasingly important as sea levels rise. However, we recognise that some flexibility to opening triggers may be required under exceptional circumstances. We understand that the existing trigger levels are based on inundation of infrastructure and pasture around the foreshore. It is important to ensure appropriate lengths of inundation of the fringing wetlands to more closely mimic what would have occurred prior to settlement and interference with the natural entrance regime. It would be detrimental to the health of the estuary and wetlands if the new normal trigger for opening was reduced to one month at 1.1mAHD. Historically wetlands around ICOLLs such as Wallaga Lake would have been inundated for periods longer than three months and at higher elevations. The three month inundation trigger was already chosen as a compromise between wetland health and stakeholder needs. Wetland species are adapted to periods of inundation and without these extended wet periods the area can be invaded by terrestrial and weed species and the health of the ecosystem compromised”.

Environmental / Sustainability

The Wallaga Lake opening triggers were set to allow the estuary to achieve a water level as high as possible without significantly impacting on private and public assets. The higher water level that can be achieved, the more successful and longer lasting the entrance opening will be. Consistently opening the entrance at water levels below the currently primary trigger of 1.25m AHD would not be conducive to the health of the estuary and should not be undertaken unless exceptional circumstances occur (this could include; pollution spill in lake, water quality issues, damage to the causeway, fish kills, operational hardship experienced by landholders etc).

Council’s Entrance Management policies represent a significant early intervention by Council in artificially opening estuaries that would otherwise reach heights of approximately 2.5m to 3m AHD without human intervention. Council’s management of the entrances tries to strike a balance between dealing with past land use and infrastructure decisions, whilst ensuring our estuaries ecosystems are managed in a heathy and sustainable manner.

With climate change and sea level rise occurring, Councils have been encouraged by the NSW Government to, where possible, raise trigger levels at a rate commensurate with sea level rise to ensure successful estuary openings into the future. Generally, there is no State Government support for the lowering of trigger levels or the time frames associated with them.

In 2017, Wallaga Lake was closed and reached a water level (between 0.9 – 1.1m AHD) and remained at that level for several months. The water level paired with strong prevailing winds from the west led to wind chop which impacted the road along Wallaga Lake causeway. The lake was opened below the trigger level (~1.1m AHD) to allow for emergency road repairs.

While the opening was successful in relieving the damage to the road, the lower level opening did not produce the successful entrance scour that is generally achieved at the 1.25m AHD primary trigger. The image below shows the entrance a week post opening and shows a large sand slug at the mouth that was not successfully scoured and remains in the nearshore area to be moved back into the entrance by the prevailing wave climate. Fortunately, large king tides and favourable wave patterns were experienced in the weeks following the opening which resulted in the entrance remaining open.

Attachments

Nil

Council 21 February 2018

Item 9.3

9.3. Commercial Centres Strategy - Review of the Merimbula Pambula Tura Beach Catchment

A review of the Commercial Centres Strategy for ‘Tura Beach/Merimbula/ Pambula Catchment’ has been prepared and publicly exhibited. The outcome of the exhibition period is the subject of this report.

Acting Director Planning and Environment

Officers Recommendation

1. The Draft Commercial Centres Strategy – Review of the Merimbula, Pambula, Tura Beach Catchment 2017 be adopted as publicly exhibited

2. The Draft Commercial Centres Strategy – Review of the Merimbula, Pambula, Tura Beach Catchment 2017 be forwarded to the Department of Planning for approval.

Executive Summary

The Draft Commercial Centres Strategy Review – Merimbula, Pambula and Tura Beach catchment was reported to Council at its meeting of 11 October 2017 where Council resolved to place the draft on public exhibition.

This report details the issues that were raised in the submissions and recommends that the Draft Commercial Centres Strategy Review of the Merimbula, Pambula, and Tura Beach Catchment 2017 be adopted as publicly exhibited.

Background

During the exhibition of Draft Bega Valley LEP 2010 a submission was received in relation to a site on the corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach (Figure 1 below) requesting the land be zoned R3 Medium Density Residential which Council resolved to support. The land was exhibited as R2 Low Density Residential. Subsequent to the Council Resolution, a further submission was received requesting the land be zoned B5 Business Development to allow for a Bunnings style development. Council resolved at the meeting of 12 February 2014 to proceed with a Planning Proposal to rezone this site to B5 Business Development.

Figure 1. Tura Beach Drive, Tura Beach

In accordance with the Council Resolution, officers prepared a Planning Proposal which was forwarded to the NSW Department of Planning for Gateway consideration. The Gateway Panel considered the matter and determined the Planning Proposal should not proceed on the basis it did not adequately consider the Local and Regional Planning Strategies nor were the potential impacts of a B5 zoning in this location assessed or justified.

A Planning Proposal was subsequently lodged in February 2016 by DFP Consultants, on behalf of Bunnings Pty Ltd, requesting the land be zoned B5 Business Development which was supported by Council and forwarded to the NSW Department of Planning for Gateway consideration. The Planning Proposal was accompanied by a comprehensive Economic Impact Assessment.

The Gateway Panel determined the Planning Proposal should not proceed for a number of reasons relating to the inadequate consideration of the Local and Regional Planning Strategies.

The proponent formally requested a review of the Gateway determination by the Joint Regional Planning Panel. On 2 February 2017 the Southern Joint Regional Planning Panel (JRPP) considered the Gateway Review and was of the view that ‘with appropriate limits on use and measures to mitigate potential impact on neighbouring land uses, a Bunnings store could be accommodated on the site, without significant detrimental impacts on the hierarchy of centres’.

The JRPP was of the view that ‘the underlying zone should be changed to R5 Large Lot Residential, similar to the zoning of lands along the eastern side of Sapphire Coast Drive as a holding zone until such time as Council completes its strategic work to determine whether or not the site should support a greater range of uses’. The JRPP also recommended Council finalise its strategic work in respect to the location of employment lands and commercial hierarchy to determine the appropriate strategic framework for the site and the function of the Tura Beach centre.

The Department of Planning advised Council by letter dated 23 March 2017 that the Gateway determination would not be altered and encouraged Council to liaise with the proponent regarding the recommendations of the JRPP and review the role of Tura Beach in the context of the 2006 Commercial Centres Strategy. Council officers sought further clarification from the Department as to the requirements for the review with the following received:

· A discussion of Tura Beach centre in the context of the South East and Tablelands Regional Plan 2036;

· Determine the current and preferred future role and function of the Tura Beach centre, identifying how the local and sub-regional activities at Tura Beach fit strategically with projected growth in other centres in the Bega Valley;

· Principles for considering any future commercial proposals of a sub-regional nature for local centre or out-of-centre locations;

· Suitability of land identified for B5 Business Development zoning to accommodate bulky goods warehouse type development; and

· Design considerations for the site, particularly in relation to adjoining land uses and the role of the site as a gateway to the Tura Beach residential area.

In accordance with the advice of the Department a review of the Merimbula/Pambula/Tura Beach catchment has been undertaken in particular, identifying the current functions and future directions of each of these localities in the context of the commercial centres hierarchy within the Shire. The review, if adopted, would replace the Merimbula/Pambula/Tura Beach Local Centre chapter in the 2006 Commercial Centres Strategy.

Community Engagement

Consultation undertaken

The Draft Commercial Centres Strategy Review was exhibited for 30 days between 23 October and 22 November 2017. The draft was placed on Councils website and hard copies were placed in the Bega office and Tura Marrang Library. Notices were also placed in all local newspapers across the Bega Valley Shire.

SUBMISSIONS

Eight (8) public submissions were made in relation to the draft strategy, five (5) objecting to, and three (3) in favour of, the exhibited draft. The submissions are summarised in the table below.

Concerns raised	Staff Response
General issues
The commercial centres strategy should be reviewed holistically, not the Merimbula/ Pambula/ Tura Beach catchment in isolation to the rest of the Shire	This review is of the available land within the Merimbula/ Pambula/ Tura Beach catchment suitable for bulky goods retail type development and consistent with the direction of the Department of Planning. It is anticipated that a further review of the Commercial Centres Strategy will commence late 2018.
Enabling this type of development at Tura Beach will detract from the long term development of Bega as the strategic centre	It is considered that the provision of business that serve the day-to-day and weekly needs of the existing and incoming residents of the Tura Beach/Merimbula/Pambula area as well as visitors to the area would not undermine the community, civic and institutional services and facilities that afford Bega regional centre status. Bega’s primacy is unquestioned as the seat of local government, major health and educational facilities, the courthouse and government offices. These civic and community services offered in Bega will ensure that its role as the regional centre is retained regardless of commercial developments in other centres in Bega Valley Shire.
Narrow criteria for assessment of potential sites	The conclusion as to whether or not an area of land was identified as potentially suitable for bulky goods retail type development was made ‘on balance’. That is, if the majority of the criteria were satisfied and there are no absolute limiting constraints then an area may be considered suitable for this type of development at a strategic level. In terms of the size and dimensions of potential sites, staff considered a minimum area of 2 hectares to be necessary to adequately provide for the building footprint, carparking and delivery areas and requirements outlined in the design considerations section including landscaping, amenity and specific requirements for gateway buildings and corner treatments. Any future development of the site would be assessed on merit in accordance with relevant standards and Council policies.
Area 1 - Cnr Sapphire Coast Drive and Tura Beach Drive, Tura Beach
Concerns that the review has been expedited due to pressure by a developer and not in the public interest	This matter formed part of a direction from the NSW Department of Planning following a resolution of the Joint Regional Planning Panel in response to the Bunnings Planning Proposal. The Review is in accordance with the direction received from the Department of Planning.
Inconsistent with Goal 4 of the South East Tablelands Regional Plan 2036 as the proposed rezoning would result in the loss of suitable land for residential development in the long term	Both lots that form Area 1 are currently zoned 1(c) Rural Small Holdings with a notional lot yield of 2 lots under BV LEP 2002. The lots were exhibited as R2 Low Density Residential and R5 Large Lot Residential with minimum lots sizes of 550sqm and 1 hectare respectively giving a notional lot yield of approximately 38 lots under Draft BV LEP 2010. Recent rezoning’s to create additional residential land within the Shire include: · Undeferred land at Mirador Drive, Tura Beach resulting in 33 lots of R2 zoned land as per the masterplan of the Mirador estate · Land at South Pambula has recently been rezoned R2 low density residential, resulting is approximately an additional 90 lots · Undeferred land at Wolumla is currently in the process of being rezoned to increase residential land supply by approximately 190 lots It is considered that in the context of the Merimbula, Pambula, Tura Beach catchment that the best use of this site would be for commercial purposes which provide opportunities for bulky goods type development on the fringe of the Merimbula commercial centre. It is considered that identifying the land for commercial purposes would not impact on the long term residential opportunities for the broader area.
Concerns relating to amenity of the neighbouring aged care accommodation including noise, air emissions and visual impact	Any future development of the site would be assessed on merit in accordance with relevant standards and Council policies.
Concerns relating to overall inconsistency with existing character of Tura Beach	Tura Beach has been historically seen as having a support role to Merimbula with increases in retail floor space since 2006 to improve the ability of the Tura Beach centre to service local needs and to provide alternative options for homemaker services and supermarkets in the Merimbula district. The proposed additional retail capacity was enacted through the allocation of zone B1 Neighbourhood Centre in Bega Valley LEP 2013. This B1 Neighbourhood Centre zone now contains a large Woolworths supermarket, liquor outlet, various food outlets & specialty stores, large discount chemist, bulky goods style retail homewares stores including Harvey Norman and Beaumont Tiles, Woolworths service station, plant nursery and the Tura Marrang Library and Community Learning Centre. Staff consider Area 1 to be appropriate for bulky goods retail type development and consistent with the existing character of Tura Beach being a clustered commercial area at the entrance to Tura Beach with the remainder of lots a mixture of low and medium density residential development. There are existing larger scale commercial buildings located along Tura Beach Drive and similar type retail development operating within the commercial area. The development of Area 1 for the purposes of bulky goods retail type development is considered not inconsistent with the existing character of Tura Beach commercial area.
Traffic congestion, parking difficulties and access issues associated with Tura Beach Drive, especially in peak periods	Any future development of the site would be assessed on merit in accordance with relevant standards and Council policies.
Bulky goods retail type development is not appropriate for this site due to the bulk and scale usually associated with the design of these large developments	Area 1 has an area of 4 hectares which is considered enough area to adequately provide for a building footprint, carparking and delivery areas and requirements outlined for bulky goods type development. The review incudes a design considerations section including landscaping, amenity, setbacks and specific requirements relating to corporate colours and external building treatment for gateway buildings and corner treatments. Any future development of the site would be assessed on merit in accordance with relevant standards and Council policies.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Bega Valley Community Strategic Plan 2040

The Community Strategic Plan 2040 Survey Feedback identifies the need for ‘economic growth and diversification’ as the second highest priority area for future changes throughout the Shire. The community consultation identified a strong community desire for increased employment opportunities focussing on encouraging businesses to come to the Shire. This included the desire for increased variety of local and national retailers which reduces the need to leave the Shire and creates more competition between retailers making products more affordable. Consultation with the community revealed the desire for the future expansion of the retail sector and service points to be located outside of the traditional CBD areas. The desire for improved commercial architecture was also strongly expressed.

Feedback specifically in relation to the Merimbula, Pambula and Tura Beach areas included:

· Improved shopping variety

· Improved appearance of the CBD areas

· Integration of more public and green spaces within CBD areas

· More strategic and innovative thinking around development

The Bega Valley Community Strategic Plan 2040 (CSP) identifies our some of our major challenges as economic growth and diversification and lack of employment opportunities.

The review of the Commercial Centres Strategy 2017 is consistent with the CSP 2040 and is aligned with the goals that are set as priorities for the next 10 + years that reflect the community’s key ambitions for our future. These goals are outlined below.

Goal 3 Our economy is prosperous, diverse and supported by innovative and creative businesses

Ø In the future we would like our economy to grow and diversify… We have identified areas for growth and diversification to include… supporting small businesses, attracting new businesses and industries, and encouraging innovative ideas and creative businesses.

Goal 4 We have meaningful employment and learning opportunities for people in all stages in life

Ø In the future we would like plenty of job opportunities and education services for all stages in life, and for our Shire to become a great place for people who are seeking opportunities to grow their skills, improve their education, find meaningful employment and create their futures in our local community.

The retail industry is one of the most innovative and dynamic sectors of the Australian economy. Retailers are in a constant process of change and evolution in response to factors, including demographic change, changing consumer tastes, competitive pressures, new product innovation, need to minimise costs and changes to product storage and display. The rapid growth of bulky goods retail type development in the past twenty years has required the re-evaluation of how these types of retailing should be accommodated by strategic land use policies.

Large plate bulky goods retailers have indicated their intent to locate or expand within the Merimbula/ Pambula/ Tura Beach catchment in the short term. This review is consistent with Goal 3 as it identifies land appropriate for an extension of the commercial zone to ensure that appropriate land use policies are in place to accommodate these formats in this catchment in a manner consistent with broader policy objectives.

This review is consistent with Goal 4 as by ensuring the availability of suitable commercial land and encouraging new businesses to the Shire will result in increased employment opportunities for the community.

Goal 7 Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live

Ø We would also like… our towns to be better presented.

Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that meet local needs

Ø Issues for the future include improving urban design in town centres…

Ø In the future… many of us would like a greater variety of shops and increased availability of local food, some want more major retailers while others do not.

Goal 10: We have a network of good quality roads, foot paths and cycleways connecting communities throughout the Shire and beyond

Ø We would like our Central Business Districts to be more 'pedestrian friendly' and physically accessible…

Bulky goods retail type development requires adequate road infrastructure to access, service and cater for car/trailer movements generally associated with transportation of large goods. Locating this type of development around the fringe of commercial zones enables large plate retail stores to operate so as to not cause disruption to the general flow of traffic in commercial areas.

Including design considerations for bulky goods retail type development and the development of gateway buildings and corner treatments in the Commercial Centres Strategy Review provides developers with specific criteria that need to be considered relating to public amenity and building elements that strongly contribute to the streetscape and setting.

This review is consistent with Goals 7, 8 and 10 as identifying land located outside of CBD areas to accommodate car dominant retail development enables development within the CBD’s to incorporate public and green spaces which encourages more pedestrian traffic, improves urban design and strongly contributes to public amenity.

Attachments

1 ⇩. Draft Commercial centres strategy review September 2017

Council 21 February 2018

Item 10.2

10.2. Candelo Town Hall Cafe - Assignment of Lease

The current lessee of the Candelo Town Hall Café has notified Council they wish to sell the business and approval is therefore sought to assign the current lease to the proposed new business owner.

Director Community, Relations and Leisure

Officers Recommendation

1. That Council, as Reserve Trust Manager of the Candelo (R.180039) Reserve, approve in principle the assignment of the current lease for the occupation of the Candelo Town Hall Cafe from Mr Ross Morgan to Ms Lee Elliott.

2. That the Mayor and General Manager be authorised to execute the necessary documents.

3. That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s consent to the assignment.

Executive Summary

A lease was entered into between the Candelo (R.180039) Reserve Trust and Mr Ross Andrew Morgan on 28 November 2014. The lease is for a period of five years, with an option to renew for a further period of five years. Due to personal reasons beyond his control, the current lessee is in the process of selling the business and formal assignment of the lease to the proposed new business operator will be required prior to finalising any sale.

The proposed assignee does have all the qualifications, skills and experience necessary to operate a café business. They also have the financial capacity to meet the monthly rental commitment and payment of supplier invoices and are therefore considered to be a suitable lessee.

Background

The Candelo Town Hall Café is a Council managed Crown Land asset within the Candelo (R.180039) Reserve at Candelo.

Council officers conducted a public Expression of Interest (EOI) process in early 2014 seeking applications from prospective new tenants to occupy the Café space under lease. Only the one formal submission was received as a result of this process, with a lease granted to Mr Morgan by formal Council Resolution on 25 June 2014.

The Café is an important part of the Candelo streetscape and one of only two eateries within the town not contained within licensed premises. The Café provides both eat in or take away options, with an emphasis on wholesome, fresh food and coffee.

Options

The options available to Council are:-

1. Approve the assignment of the current lease to the proposed new business operator as recommended in this report. This option will allow a smooth transition of the business from the existing lessee to the new operator without the need for the business to close and all stock, fittings and equipment being removed.

2. Provide approval for the current lessee to surrender the remainder of their lease term, with Council officers conducting a further public EOI process to locate a new tenant for the site. This option would require the existing tenant to vacate the site and remove all personal belongings as noted above. This would result in the township of Candelo losing one of its well patronised food outlets until such time as a new tenancy was established, including purchase of suitable equipment to operate the Café by the new lessee.

Financial and resource considerations

The current monthly rental achieved for the Café is $440 per month. All lease fees collected assist with ongoing operational and maintenance costs for the Candelo Town Hall complex.

The existing lease also has the provision for an annual increase by CPI, with a current market rent review to be conducted on 28 November 2019.

Council officers will be required to prepare and finalise the Deed of Assignment documentation and seek the necessary Ministerial consent.

Council’s current Fees and Charges Schedule contains a fee of $514 for the assignment of a lease or licence. This fee will be payable to Council by the current lessee, prior to execution of the Deed.

Legal /Policy

The Candelo Town Hall Café lease falls under the provisions of the Retail Leases Act 1994. Council as lessor is entitled to withhold consent to the assignment of a retail shop lease in any of the following circumstances, (however is not entitled to withhold consent in any other circumstances):

(a) if the proposed assignee proposes to change the use to which the shop is put;

(b) if the proposed assignee has financial resources or retailing skills that are inferior to those of the proposed assignor;

(d) the circumstances set out in section 80E;

(e) in the case of a retail shop lease that has been awarded by public tender, if the assignee fails to meet any criteria of the tender.

Council officers have conducted the required due diligence investigations and are satisfied the experience, qualifications and financial capacity of the proposed assignee are acceptable and that consent should not be withheld to the requested assignment.

As the lease is for a commercial purpose, there is no rental rebate available to the lessee under Council’s Rental Assessment and Rebate Procedure.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Prior to the current lessee’s occupation of the site, Council agreed to fund renewal of the commercial kitchen fit-out, including new stainless steel benches, splashbacks, shelves, sink and mechanical exhaust system. The existing kitchen was ageing and no longer complied with current health and WHS standards. Various items of kitchen equipment (including an old stove, microwave and dishwasher) were also no longer operational and were removed at that time. The incoming lessee was required to provide all equipment necessary for the operation of a Café. These items are to be purchased by the proposed assignee from the current owner and will remain their property at the expiration of the lease.

Attachments

1 . Supporting Information from Proposed Assignee (Councillor Only) (Confidential)

Council 21 February 2018

Item 12.1

12.1. Drinking Water Fluoridation - NSW Health Community Survey

This report provides details of the results of the community survey undertaken following a resolution of Council on 1 November 2017.

Acting Director Transport and Utilities

Officers Recommendation

1. That Council note the findings of the telephone survey.

2. That Council seek approval from the Secretary of NSW Health for the Bega Valley Shire Council to continue with the state funded, fluoridation program of public water supplies within the Shire.

Executive Summary

Following the Council Resolution of 1 November 2017,

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

2. That Council request staff to approach NSW Health to fund the engagement of a suitably qualified research and survey company to undertake a statistically representative community survey to determine a valid community view on whether or not fluoride is supported for the Bega Valley.

NSW Health agreed to fund and conduct an independent telephone survey with a statistically representative percentage of residents of the Bega Valley Shire. NSW Health engaged an independent, third party, The Social Research Centre (SRC), a business unit of the Australian National University, to undertake the survey.

The primary survey question was:

“Do you agree with adding fluoride to the public drinking water supply to try to prevent tooth decay?”

A full copy of the survey report is attached, with the key results being:

· More than half of Bega Valley Shire residents surveyed rely on the public water supply as their normal source of drinking water (57.5%). The second most common source of drinking water reported was from rainwater (24.6%).

· In response to the survey question, 66.2% responded ‘yes’ and 28.4% responded ‘no’. Just over five per cent (5.2%) were unsure and less than one per cent (0.2%) preferred not to respond to the question. From the distribution of responses, SRC deduced that nearly all Bega Valley Shire residents have an opinion on the issue and were willing to share that opinion as part of the survey.

· Respondents who reported their main source of normal drinking water to be the public supply were significantly more likely to be in agreement with the suggestion of adding fluoride to the public drinking water supply (77.1%), in comparison with respondents who have another normal source of drinking water such as bottled water, a combination of different sources or something else (51.5%).

Background

Council has added fluoride to drinking water in the Bega/Tathra supply system since 1963. Customers supplied with drinking water from other Council water supply systems do not currently have added fluoride.

NSW Health has asked regional water utilities, including Bega Valley Shire Council, to incorporate fluoride into their water treatment processes in order to assist in the prevention of tooth decay.

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

A comprehensive report was presented to Council on 20 September 2017, outlining the Community Information Program undertaken and providing supporting information.

NSW Health subsequently agreed to conduct a statistically representative telephone survey of the Bega Valley Shire. The Social Research Centre was engaged to undertake the survey, which focused on a single question aimed at deriving a measure of community sentiment in relation to fluoridation of the public drinking water supply.

In addition, other demographic information including primary source of drinking water was collected. The results of the survey demonstrate that the majority of residents, especially those connected to the Council/public drinking water supply, were in favour of fluoridation.

Options

There are two realistic options available for Council's consideration. They are for Council to:

· Resolve to extend the addition of fluoride to all public water supply systems in the Bega Valley Shire and to obtain approval from the Secretary of NSW Health to do so (Section 6 of the Fluoridation of Public Water Supplies Act 1957)

· Resolve not to extend the fluoridation program of public water supply systems within the Bega Valley Shire.

Community Engagement

In September 2016, Council engaged specialist engineering consultants, Hunter H2O, to facilitate a community information program prior to Council making a decision to either accept or reject fluoridation of Bega Valley’s water supplies that remain without fluoride.

The community information program involved the development and distribution of factsheets, consultation with authorities, development and operation of a website and briefing of the Council. The hosted website provided the community with an opportunity to obtain information about Council’s water supply systems, as well as information about fluoridation of drinking water. The website also allowed the community to make submissions and have their say about the proposal.

The aim of the community information program was to provide all stakeholders with factual, science-based information about the fluoridation of drinking water and provide stakeholders with the opportunity to make submissions regarding proposed fluoridation.

The recent telephone survey closes the loop on the community engagement process.

Council has also had a number of forums, presentations and deputations by organisations and individuals with a range of views relating to the option of extending fluoridation of drinking water in the Bega Valley.

Financial and resource considerations

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

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

Legal /Policy

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

Under Section 6 of the Act, Council can resolve to fluoridate drinking water and then obtain approval from the Secretary of NSW Health. Alternatively under Section 6A of the Act, Council may refer the question of fluoridation to the Secretary for decision.

If the matter is referred under Section 6 or Section 6A of the Act then NSW Health effectively becomes the approval authority and Council has no role to play in any environmental approvals specifically associated with addition of fluoride to drinking water and its consequent impact on the environment.

The NSW Health Chief Health Officer, under delegation from the Secretary (PH460), has the power to approve or direct a water utility to add fluoride to a public water supply. This approval is required to comply with the Environmental Planning and Assessment Act 1979 (EP&A Act). Specifically the approver must consider any impacts on the environment resulting from the activity being approved. This occurs in practice by the Chief Health Officer considering a Review of Environmental Factors (REF) that considers generally the impact of fluoridated water on the environment.

Specific local environmental issues resulting from construction and operation of the fluoridation system would be considered by the water utility according to local planning approval processes in the same manner as all other construction works.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The addition of fluoride has a strategic context because Council is in the process of planning and building water treatment plants.

From a buildability and efficiency perspective, there is advantage in incorporating the necessary fluoridation facilities into the new Water Treatment Plants at the time of their design and construction.

Alternatively, the fluoridation plants can be constructed and commissioned now, ahead of planned water treatment facilities, noting these assets are fully funded (100% capital works subsidy) by the NSW State Government.

Social / Cultural

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

Attachments

1 ⇩. NSW Health Bega Valley Shire Survey January 2018

Council 21 February 2018

Item 12.3

12.3. Comments on NSW Freight Strategy

The draft NSW Freight and Ports Plan (the Plan) document is open for comment. The draft Plan is a vision for how transport can support growth and the economy of New South Wales over the next 40 years. This report outlines the comments Council proposes to submit for the draft Plan.

Acting Director Transport and Utilities

Officers Recommendation

1. That Council respond to the draft NSW Freight and Ports Plan with the comments outlined in this report.

2. That Council write to the NSW State Government advising the key deficiencies in the draft NSW Freight and Port Plan are:

a) East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway;

b) Addressing pinch points in the road network through the Bega Valley Shire for both passengers and freight including the Brogo River Bridge on the Princes Highway;

c) Providing improvements to the connection south into Victoria from Bega Valley Shirer and recognition and development of the Sydney - Melbourne Coastal Drive;

d) Planning for future transport development to and from the Port of Eden; and the

e) Potential for linkage between the Inland Rail and the Port of Eden.

Background

The draft NSW Freight and Port Plan (the Plan) is currently open for comment.

A copy of the plan can be viewed by opening the following link:

NSW Draft Freight and Ports Plan - Future Transport NSW

As part of the community engagement for the NSW Future Transport Strategy 2056, representatives from Council met with State Government officers to provide extensive feedback during a two hour session, including key issues relating to the safe system framework. In addition, the documents have been reviewed with detailed comments identified. The comments below relate to the draft Plan, which addresses issues also identified in the draft NSW Future Transport Strategy 2056.

When final, the Plan will support and be incorporated into the NSW Future Transport Strategy 2056. Council have previously provided comments to the supporting document, Regional NSW Services and Infrastructure Plan and Tourism and Transport Plan, which are consistent and highlights similar issues to this draft Plan and the overall Future Transport Strategy.

Options

General Observations

The key deficiencies throughout the draft documents are:

• East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway;

• Addressing pinch points in the road network through the Bega Valley for freight including the Brogo River Bridge on the Princes Highway;

• Providing improvements to the connection south into Victoria from Bega Valley and lack of recognition of the Sydney- Melbourne Coastal Drive;

• Planning for future transport development to and from the Port of Eden;

• Planning for connections to the Inland Rail need to be considered, this includes long term possibilities such as a connection to the Port of Eden; and

• ‘Corridor improvements to deliver greater journey time savings and road safety outcomes’ are supported. In line with the safe system approach to road safety, the State must resist increasing speed limits and should consider reducing speed limits.

The East-West link and Eden Port connectivity are identified in Strategy 25 of the Council's Community Strategic Plan 2040 (CSP). The NSW Government’s 'Movement and Place' planning framework is supported and aligns with Council’s CSP Outcome 5: ‘Connected Communities’. To move towards a ‘Movement and Place’ approach will require a change in methodologies throughout the agencies, especially with Local Government as the interface.

This approach widens the focus beyond just the ‘kerb line of a road’ to look at what purpose the road serves and that adjacent land use is critical in how the transport future evolves. Council encourages the State to ensure the standards and thresholds are reviewed immediately.

Any future transport strategy must consider the implication of parking management as a significant contributor and influencer of every road freight journey. It is considered this needs greater focus and should appear more frequently and earlier in the document.

Additionally as a strategy for the next 38 years, this document should be listing an abundance of potential projects for investigation and commitment. Currently, there is 21 initiatives to investigate over the next 38 years for regional NSW, however, this would benefit from exploring many more opportunities.

Specific Comments

NSW Freight and Port Plan

The following detailed comments on the draft Plan listed by page number and corresponding comments.

Page 31

· Council supports the need for technological innovation. An example of innovation would be driverless freight corridors and GPS directed parking.

Page 32

· Council recommends developing a Cruise Development Plan for regional NSW Ports to increase economic facilities in regional centres.

Page 37

· Council acknowledges the investment into the Port of Eden. Further development is needed for the supporting infrastructure to capitalize on this investment. The Plan recognises the benefits of the cruise ship tourism however, neglects to mention the opportunities that exist for the Port of Eden for commercial activities such as exportation/importation of agricultural products, fisheries, consumer goods, and manufacturing products. The Port of Eden has the potential to be a hub for commercial activities for producers in the Southern NSW/Monaro region rather than them having to freight to Melbourne or Sydney.

Page 39

· Council support the suggestion of an intermodal terminal in Fyshwick (ACT) and encourages a long-term strategy to link this with the Port of Eden.

Page 40

· ‘A key focus for NSW is to ensure that Inland Rail optimises the movement of freight in Regional NSW through efficient linkages to NSW Ports’. It should therefore be a focus to investigate a potential rail line from Canberra and Albury to the Port of Eden.

Page 42

· A key focus is to ‘expand the road and rail network to improve connectivity and accessibility for high productivity vehicles and efficient rail wagon loading’. To improve connectivity, the East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway.

Page 45

· Data is essential to improve efficiency and safety. It is recommended all levels of Government implement an integrated ‘Network Operating System’ for the purpose of harnessing and analysing information.

Page 47

· Figure 28: NSW Inland Rail should highlight potential long-term linkages to the Inland Rail including a connection to the Port of Eden.

Page 49

· Focus is on freight potential of airports yet neglects to mention any details about the importance and opportunities that regional airports can offer. The expansion and upgrade of Merimbula Airport could be utilised in the long-term to assist with freight movement which would foster a stronger connectivity with Canberra.

Page 50

· Council endorses the safe system approach to road safety and re-iterates the State must resist increasing speed limits, should consider reducing speed limits and separating users such as the wider centreline treatments, and removing four way intersections.

Page 62

· The connection between states needs to be a focus to improve connectivity and efficiency of freight movement and highlights the opportunity from better connectivity between Victoria/NSW with the ideal location of the Port of Eden.

Page 78

· Council acknowledges the investment into the Port of Eden. Further development is needed for the supporting infrastructure to capitalise on this investment.

Pages 80-84

· There are 21 listed initiatives to investigate over the next 38 years, considering this is a long-term vision document, this section should include many more initiatives to investigate even if they do not eventuate.

· The key initiatives should include more potential technological innovations to investigate.

· Should include town specific initiatives highlighting main areas of freight and port challenges and possible solutions.

· Should address pinch points in the road network through the Bega Valley for both passengers and freight including the Brogo River Bridge on the Princes Highway.

Attachments

Nil

Council 21 February 2018

Item 13.1

13.1. Amendments to the Minutes 13 December 2018

Council received a deputation on 31 January, 2018 from Mr David Jesson noting that Council should consider amending the minutes of the Ordinary Council Meeting held on 13 December 2018.

General Manager

Officers Recommendation

That Council adopt the minutes of the 13 December with amendments as outlined in the report presented on 21 February, 2018.

Executive Summary

Mr David Jesson raised, in his deputation to the Council Meeting on 31 January, 2018, four amendments he felt were required to the minutes of the Ordinary Council Meeting held on 13 December, 2018.

The General Manager has reviewed a transcript of the address and considered the items raised by Mr Jesson and the following amendments are recommended by the General Manager.

Amendment 1

Item 10.3 will be amended to read as below with the strikethrough text deleted from the published minutes:

10.3

2018 Citizen of the Year and Young Citizen of the Year Awards

214/17

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That the matter be deferred to the Closed Session for discussion ~~on the basis the business relates to a) personnel matters concerning particular individuals (other than councillors).~~

In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against: Nil

Amendment 2

The order of Items 12.5 to 12.7 will be amended in the minutes to be in numerical order

12.5 Bega Valley Local Traffic Committee

12.6 Scheduled Maintenance of Hanscomb Creek Bridge and Johnson Creek Bridge, Garfields Road, Numbugga

12.7 Bega Valley Traffic Committee (Supplementary Agenda Item)

Amendment 3

Item 12.6 will be amended to read as below with the blue text indicating the proposed amendments to the published minutes:

12.6

Scheduled Maintenance of Hanscomb Creek Bridge and Johnson Creek Bridge, Garfields Road, Numbugga

A motion was moved by Crs Allen and Bain

That the matter be moved to closed session

The motion was put to the vote

In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against: Nil

During the calling of the motion a member of public interjected queried the statutory justification as to why the matter was to be deferred to Closed Session.

An amended motion was requested by the Mayor.

An amended motion was moved by Cr Allen and seconded by Cr Bain

That the matter be moved to Closed Session as the matter deals on the basis the business relates to a) personnel matters concerning particular individuals (other than councillors)

221/17

RESOLVED on the motion of Crs Allen and Bain

That the matter be moved to Closed Session as the matter deals on the basis the business relates to a) personnel matters concerning particular individuals (other than councillors),

In favour: Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott, Dodds and Allen

Against: Cr Griff

Legal /Policy

Council administrative staff have also made arrangements for future Agendas of the meeting to include a point at Item 21 Confidential Business.

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

Regardless of whether any reports have been scheduled for the Closed Session.

The General Manager will ensure any staff recommendations to defer any part of an Open Report to the Closed Session will now also include the reason, under the Local Government Act 1993, for that deferral out outline in Clause 12.3 of Bega Valley Shire Council’s Code of Meeting Practice

12.3 The Council or a Committee of the Council (including a Committee appointed by the Council under Section 355 of the Act), may close to the public any part of its meeting which comprises discussion on any matters contrary to the public interest as listed below or the receipt or discussion of any of the information so listed.

• personnel matters concerning particular individuals (other than Councillors);

• the personal hardship of any resident or ratepayer;

• information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

• commercial information of a confidential nature that would, if disclosed:-

• prejudice the commercial position of the person who supplied it; or

a. confer a commercial advantage on a competitor of the Council; or

b. reveal a trade secret.

• information that would, if disclosed, prejudice the maintenance of law.

• matters affecting the security of the Council, Councillors, Council staff or Council property;

• advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

• information concerning the nature and location of a place or an item of Aboriginal significance on community land.

LGA S10A (1) & (2)

The General Manager will ensue any staff recommendations to defer any part of an Open Report to the Closed Session will also include reference to the opportunity for members of the public to address the Council at the time the relevant item is dealt with in the Agenda.

These actions are in line with Clause 12.5 of the Bega Valley Shire Council’s Code of Meeting Practice

12.5 A meeting may also allow members of the public to make representations before any part of the meeting is closed to the public, as to whether a part of the meeting should be closed.

LGA S10A (4)

Attachments

Nil

Council 21 February 2018

Item 13.2

13.2. Half Yearly Report on Implementation of the Operational Plan 2017 - 2018

This half yearly review provides Council with a status update on the adopted 2017 - 2021 Delivery Program year one 2017-2018 Operational Plan, which sits within the Integrated Planning and Reporting framework.

Director Strategy and Business Services

Officers Recommendation

That Council note the progress on the 2017 - 2018 Operational Plan

Executive Summary

Eighty per cent (80%) of the 2017 – 2018 Operational Plan actions are completed or on track to be delivered before the end of the financial year. Twenty per cent (20%) of actions have been delayed, with half of the delayed actions being attributed to staffing issues or a lack of funding and the remainder to a variety of other issues.

Compared to this time last year there is a higher proportion of Operational Plan actions that are delayed and a corresponding lower proportion that are on track. Approximately half of this increase is attributed to staff capacity during / pending the organisation reviews which have been necessitated due to budget constraints and staff vacancies.

With the exception of delivering capital works, the Operational Plan actions reported here generally do not include the day to day activities of Council, but rather additional activities that Council is undertaking to achieve the objectives of the Delivery Program and Resourcing Strategy.

Background

The purpose of the Delivery and Operational Plan half yearly review is to determine the current status of Operational Plan actions. Managers and officers have provided status updates against actions. This is to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues.

The detailed update of Operational Plan actions status and achievements organised by Directorate and Branch is provided in the attachment to this report.

Community Engagement

Consultation undertaken

The Delivery Program and Operational Plan were publicly exhibited from 18 May –14 June 2017.

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

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

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

Financial and resource considerations

The impact on the Operational Budget is addressed in the report “Quarterly Budget Review Statement – December 2017” on this agenda.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2017 – 2018 Operational Plan was developed in alignment with the adopted Community Strategic Plan, Delivery Plan, Resourcing Strategy and Long Term Financial Plan.

The following is a list of some of the highlights for the period as well as the capital works projects from Asset Management Plans that have been delayed. Detailed reporting on all of the Operational Plan activities is provided in the Attachment.

Highlights for the period:

· Roads Portal developed to share upcoming transport maintenance and capital works information with the community via the Communications team

· Grant application for construction of Kalaru to Tathra bike path successful

· Waste App produced to share information with the community regarding Waste Services

· New position established to focus on waste education, strategy and collection services

· Well attended community engagement sessions for the Coastal Management Program – Coastal Hazards

· Work produced by focus groups for the Wallaga Lake, Merimbula and Back Lakes, and Lake Curalo Coastal Management programs

· Grant application to complete a Merimbula Lake Back Lake Floodplain Risk Management Plan Study successful

· Application to be a pilot Council for the 2018/19 Land Negotiation Program in conjunction with Bega Aboriginal Land Council successful

· Indigenous Advancement Strategy funding renewed until December 2018

· NDIS Transition Project funded by $35,000 grant from the NSW Department of Family and Community Service completed

· New Biosecurity legislation requirements implemented, Biosecurity Officers appointed and inspection regime introduced

· Merimbula road works completed and operational

· Grant application to replace outdated self-check technology in Council's libraries successful

· Bega Valley Regional Learning Centre website launched

· Scanning and registering historic cemetery records and development of Cemetery Asset Management Plan and individual asset management plans for each cemetery completed

· Cost savings in Employee Support Services including receipt of a $75K performance bonus from our insurer for managing compensable injuries

Delayed capital works projects:

· Merimbula Airport - Seal airside general aviation road access, apron and taxiway A parallel to Runway

· Pavement stabilisation and seal Sapphire Coast Drive

· Reline Bega bores

· Renew road to Blackfellows Lagoon and Pacific Way Creek

· Renew information signs at Beauty Point Reserve, Bridge Motors Reserve, Kianinny, Apex park Eden and Towamba Sports Ground

· Complete Bruce Steer Pool amenities upgrade

· Complete Short Point viewing platform upgrade

· Renew play equipment at Memorial Park, Eden

· Deliver minor asset renewals in popular tourist locations

The following table shows the status of Operational Plan actions by Directorate.

Attachments

1 ⇩. Operational Plan 2017 – 2018 Half Yearly Management Report

Council 21 February 2018

Item 13.3

13.3. Draft Model Code of Meeting Practice for Local Councils in NSW

This report provides information about the new draft Model Code of Meeting Practice for Councils in NSW (COMP) and seeks endorsement for Council's submission to the Office of Local Government (OLG) about the proposed amendments to the COMP as part of the OLG consultation process.

Executive Manager Organisational Development and Governance

Officers Recommendation

1. That Council note the report

2. That Council endorse the inclusion of those non-mandatory matters outlined in the Element 2 in this document into a submission on the draft Code of Meeting Practice.

3. That Council notify endorsement of the Reviewed Code of Meeting Practice for Councils in NSW via a submission to the Office of Local Government for their consideration.

Executive Summary

The Office of Local Government (OLG) is consulting with Councils and other stakeholders across NSW via Circular17-40 about the draft Model (COMP). Submissions are required to be lodged with the OLG by 15 March 2018.

A draft of the Model COMP was distributed to Bega Valley Shire Councillors on 2 January 2018 seeking comments. Nil comments have been received to date.

Once the COMP is finalised by OLG, Councils will be given a period of 6 months in which to adopt a COMP based on the Model Meeting Code

Information about the proposed changes is outlined below.

This report is seeking endorsement by Council of the proposed changes, particularly those outlined in Element 2 section of this report, via submission to the OLG by 15 March 2018.

Background

The amended COMP has two elements:

Element 1

Contains mandatory provisions (indicated in black font within the draft document) that reflect the existing meetings provisions of the Local Government 1993 Act (the Act) and adapt those currently contained in the Act's Regulations. The existing meetings provisions of the Regulations have been updated and supplemented to reflect contemporary conduct of meetings practices by Councils and to address ambiguities and areas of confusion in the existing provisions, based on feedback from Councils across NSW.

Element 2

Contains non-mandatory provisions (indicated in red font within the draft document) that covers areas of meetings practice common to most Councils but where there may be a need for some variation in practice between Councils based on local circumstances.

The non-mandatory provisions also set a benchmark based on what the OLG sees as being best practice for the relevant area of meetings practice/s.

The OLG is particularly seeking feedback from Councils on whether any of the proposed non-mandatory provisions should be mandated. If there is a sufficient body of support for these from Councils, these may be made mandatory in the final version of the COMP.

Element 1

Significant mandatory changes (compared to the current COMP Clause/s) are outlined below:

Clause 10: Notice of meetings, General:

Notice of meetings and provision of agenda and business papers to each Councillor has been reduced from 5 days to 3 days prior to an ordinary council meeting

Clause 12: Closed Meetings - Representations by members of the Public. (Significant changes in relation to this issue):

Applications from members of the public to make a representation to, or at, a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed. A representation under this clause is to be made after the motion to close the part of the meeting is moved and seconded. Where the matter has been identified in the agenda of the meeting - (as a matter that is likely to be considered when the meeting is closed to the public) a member of the public seeking to make a representation must first make an application to the Council in the approved form. Applications must be received (date and time to be specified by the Council) before the meeting at which the matter is to be considered. The general manager may refuse an application made under this clause. No more than (number to be specified by Council) speakers are to be permitted to make representations under this clause.

Clause 22: Notices of Motion (Clause has been significantly streamlined.)

A Councillor may give notice of any business they wish to be considered by the Council at its next ordinary meeting by way of a notice of motion. To be included on the agenda of the meeting, the notice of motion must be in writing and must be submitted (Council to specify specific notice period required to be inserted) business days before the meeting is to be held.

Clause 23: Rescinding or altering council decisions: (the wording in these clauses have been streamlined/simplified however the provisions have not been significantly altered).

Clause 26: Points of Order/Acts of and Dealing with Disorder- (Significantly amended)

A Councillor may draw the attention of the chairperson to an alleged breach of the COMP by raising a point of order. A point of order does not require a seconder. A point of order must be taken immediately it is raised. The chairperson must suspend business before the meeting and permit the Councillor raising the point of order to state the clause of this COMP they believe has been breached. The chairperson must then rule on the point of order - either by upholding it or by overruling it.

Motions of dissent - (New clause under this section)

A Councillor can, without notice, move to dissent from a ruling of the chairperson on a point of order or a question or order. If that happens, the chairperson must suspend the business before the meeting until a decision is made on the motion of dissent. If a motion of dissent is passed, the chairperson must proceed with the suspended business as though the ruling of dissent had not been given. If, as a result of the ruling, any motion of business has been discharged as out of order, the chairperson must restore the motion or business to the agenda and proceed with it in due course. Despite any other COMP provisions, only the mover of a motion of dissent and the chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply.

Acts of disorder by Councillors - (Amended clause relating to Councillors)

If a Councillor commits an act of disorder the chairperson may require the Councillor to: a) apologise without reservation for an act of disorder or withdraw a motion or an amendment and where appropriate to apologise without reservation or to retract and apologise without reservation for an act or disorder (refers to insulting or making person reflections or imputes improper motives to any other Council official, or alleges a breach of Council's code of conduct or says or does anything that is inconsistent with maintaining order at the meeting is likely to bring the Council or the committee into contempt).

Under this clause the chairperson may also adjourn the meeting for a period of not more than 15 minutes and leave the chair. The Council, on reassembling, must on a question put from the chairperson decide without debate whether the business is to be proceeded with or not. This clause, also applies to disorder arising from the conduct of members of the public.

Clause 30: Questions with Notice - (Clause has been significantly simplified - down to 3 clauses.)

· Councillors may by way of a notice, ask a question for response by the general manager about the performance or operations of the Council.

· A Councillor is not permitted to ask a question with notice that comprises a complaint against the general manager or a member of staff of the council, or a question that implies wrongdoing by the general manager or a number of staff of the Council.

· The general manager (or their nominee) may respond to a question with notice by way or a report included in the business papers for the relevant meeting of the Council or orally at the meeting.

Clause 34: Minutes

Outlines the minimum matters to be included in the minutes of Council meetings. These are: a) details of each motion moved at a Council meeting and of any amendments moved to it; b) the names of the mover and seconder of the motion or amendment; c) whether the motion or amendment was passed or list; and d) such other matters specifically required under the COMP.

Other changes include: any debate on the confirmation of the minutes are to be confined as to whether the minutes are a full and accurate record of the meeting they relate to; and the removal of the 3 day time requirement to publish the confirmed minutes on the Council's website.

Clause 40: Numbers attending meetings:

Changes in wording: "Everyone is entitled to attend a meeting of council and committees of council" (no limit to numbers of people) - but does not apply to parts of meetings that have been closed to the public under section 10A of the Act (Closed Sessions/confidential deliberations).

However a person, whether a Councillor or another person, may be expelled from a meeting by a resolution of the meeting, or by the person presiding at the meeting if the Council has, by resolution, authorised the person to exercise the power or expulsion.

New Clause - Attendance by Councillors at meetings - new provisions:

Outlining Councillor responsibilities re: reasonable efforts to attend meetings of the council and committees of the Council; Councillor cannot participate in a meeting of the Council or of a committee of the Council unless personally present at the meeting; provision around requests of absence from ordinary council meetings - Councillors to request leave of absence from Council meeting should (if practicable), identify by date the meeting they will be absent and the grounds (reason)for their absence. A Councillor's civic office will become vacant if the Councillor is absent from three consecutive ordinary meetings of the Council without prior leave of the Council or leave granted by the Council at any of the meetings concerned (unless they have been suspended from office under the Act). A Councillor who intends to attend a meeting of the Council despite having been granted leave of absence, should give the general manager at least 2 days' notice of their intention to attend.

Section 33: Deputations to Meetings: (this section has been significantly reviewed along with Public Forums - refer to Element 2 section of this report)

New Clause: Webcasting (livestreaming) of meetings: All meetings of the Council and committees of the Council are to be webcast (does not apply to parts of the meeting that have been closed to the public as per section 10A of the Act).

New Section: Committee of the Whole - this section outlines clauses reflecting section 373 of the Act.

"Council may resolve itself into a committee to consider any matters before the Council".

New Section: Use of mobile phones and unauthorised recordings of meetings.

This section outlines responsibilities of Councillors, Council staff and members of the public related to the use of mobile phones (they are to be turned to silent during the meetings of Council and committees of Council). It also states a person must not use a tape recorder, video camera, mobile phone or any other devise to make a recording of the proceedings of a meeting of the Council or a committee of the Council without prior authorisation of the Council or the committee. They can be expelled from Council and committee meetings if they fail to do so.

New section: Section 20 Council Committees

This new section only applies to committees of the Council whose members are all Councillors. Subjects covered in this section are: functions of committees; notice of committee meetings; attendance at committee meetings; non-members entitled to attend committee meetings; Chairperson and deputy chairperson of council committees; procedure in committee meetings; closure of committee meetings to the public; disorder in committee meetings; minutes of committee meetings. In the attached Draft Model COMP these subjects and their relevant provisions are outlined under Section 20 Council Committees.

New Section: Section 21 Irregularities:

This section outlines:

Proceedings at a meeting of a Council or a Council committee are not invalidated because of a number of issues: a) a vacancy in a civic office; or b) a failure to give notice of the meeting to any Councillor or committee member; or c) a failure of a Councillor or a committee member to disclose a conflict of interest; d)or to refrain from the consideration or discussion or, or vote on, the relevant matter, at a Council or committee meeting in accordance with the Council's COMP; or e) a failure to comply with this COMP.

Element 2

Under this section, a number of clauses included in the attached Draft document, are considered as best practice and are recommended by the OLG for inclusion in Councils' COMP.

These are:

Draft document: Section 3 Before the meeting: (Section/s 9.4 Partial and 22 in current COMP)

Giving notice of business to be considered at Council meetings:

3.13 A Councillor may submit no more than (number to be specified by the Council) notices of motion to be considered at each ordinary meeting of the council.

3.14 If the general manager considers that a notice of motion submitted by a Councillor for consideration at an ordinary meeting of the Council has legal, strategic, financial or policy implications which should be taken into consideration by the meeting, the general manager may either: prepare a report in relation to the notice of motion for inclusion into the business paper or by written notice sent to all Councillors with the business papers for the meeting defer consideration of the matter by Council to such date specified in the notice.

3.15 A notice of motion for the expenditure of funds on works and/or services other than those already provided for in the Council's current adopted Operational Plan, must identify the source of funding for the expenditure that is the subject of the notice of motion. If the notice does not specify funding source, the general manager must prepare a report on the availability of funds or by written notice sent to all Councillors defer consideration of the matter by Council to such a date specified on the notice, pending the preparation of such a report.

Pre-meeting briefing sessions (new clauses) (Section 9.4 (partially) in current COMP)

3.34 Prior to each ordinary meeting of the Council the general manager will arrange a pre-meeting briefing session to brief Councillors on the items of business to be considered at the meeting. Pre-meeting briefing sessions may also be held for extraordinary meetings of Council and meetings of committee meetings of Council.

3.35 Pre-meeting briefing sessions are to be held in the absence of the public.

3.37 Councillors (including the Mayor) are to make all reasonable efforts to attend pre-meeting briefing sessions

3.38 Councillors must not use pre-meeting briefing sessions to debate or make preliminary decisions on items of business they are being briefed on, and any debate and decision-making must be left to the formal Council or committee meeting at which the item of business is to be considered.

3.39 Councillors (including the Mayor) must disclose and manage any conflicts of interest they may have in relation to any item of business that is the subject of a briefing at a pre-meeting briefing session in the same way that they are required to do at a Council or committee meeting

Staff Comment: as a good governance principle, it is recommended Council endorse this clause for inclusion in the COMP

Draft document Section 4 Public Forums (Section 31 in the current COMP)

4.1 The Council will hold a public forum prior to each ordinary meeting of the Council for the purpose of hearing oral submissions from members of the public on items of business to be considered at the meeting. Public forums may also be held prior to extraordinary Council meetings at meetings of committees of the Council.

The main points relating to the new Section about Public Forums are:

· To be chaired by the Mayor (or their nominee)

· To speak at a public forum a person must first make an application to the Council in the approved form, applications to speak must be received (date and time to be specified) before the date of the public forum and must identify the item of business - and whether they wish to speak "for" or "against" the item.

· A person may apply to speak on no more than (number to be specified by the Council) items

· Nominated candidates at federal, state or local government elections and serving Councillors are not permitted to speak at a public forum

· Legal representatives acting on behalf of others are not permitted to speak at a forum unless they identify their status as a legal representative when applying to speak at the public forum

· The general manager may refuse an application to speak at a public forum

· No more than (number to be specified by the Council) speakers are to be permitted to speak "for" or "against" each item of business on the agenda

· Approved speakers at the public forum are to register with the Council any written, visual or audio material to be presented and identify any equipment needs nor more than (number of days to be specified by Council) days before the public forum. The general manager may refuse to allow such material to be presented

· Each speaker will be allowed (number to be specified by Council) minutes to address the council. This time is to be strictly enforced by the chairperson.

· Speakers at public forums must not digress from their item on the agenda, if this occurs the chairperson is to direct the speaker not to digress to irrelevant matters. If they fail to do so, the speaker will not be further heard.

· A Councillor (including the chairperson) may through the chairperson, ask questions of a speaker following their address. Questions must be direct, succinct and without argument.

· Speakers at public forums cannot ask questions of Council, Councillors or Council staff

· The general manager with the concurrence of the chairperson, may address the Council for up to (number to be specified by Council) minutes in response to an address to the Council, after the address, and any subsequent questions and answers have been finalised

· Where an address made at a public forum raises matters that require further consideration by Council staff, the general manager may recommend that the Council defer consideration of the matter - pending further report on the matter/s

· When addressing the Council, speakers at public forums must comply with this COMP and all other relevant Council codes, policies and procedures. If the chairperson considers a speaker has engaged in conduct contrary to the COMP and other codes, policies and procedures of Council, they may request the person refrain from the inappropriate behaviour and withdraw and unreservedly apologise. Where the speaker fails to comply, the chairperson may immediately require the person to stop speaking.

Staff Comment: as a good governance principle as well as streamlining meeting practices and times, it is recommended Council endorse this clause for inclusion in the COMP

Draft document Section 8 - Order of Business for Ordinary Council Meetings (Section 11 in the current COMP)

(2 options outlined)

8.1 At a meeting of the Council, the general order of business is as fixed by resolution of the Council OR

8.2 The general order of business for an ordinary meeting of the Council shall be:

1 Opening meeting

2 Acknowledgement of country

3 Prayer

4 Apologies and applications for leave of absence by councillors

5 Confirmation of minutes

6 Disclosures of interest

7 Mayor minute(s)

8 Reports of committees

9 Reports to council

10 Notices of motions/questions with notice

11 Confidential matters

12 Conclusion of meeting

Staff Comment: this clause provides an opportunity for Bega Valley Shire Council to determine the best fit for its particular circumstances for consideration and resolution by Council as per 8.1.

Draft document Section 10.9 - Rules of Debate (Section 25 in the current COMP)

Motions requiring expenditure of funds

A motion or an amendment to a motion which if passed would require the expenditure of funds on works and/or services other than those already provided for in the Council's current Operational Plan must identify the source of funding for the expenditure that is the subject of the motion. If the motion does not identify a funding source, the Council must defer consideration of the matter, pending a report from the general manager on the availability of funds for implementing the motion if adopted

Staff Comment: as a good governance principle, it is recommended Council endorse this clause for inclusion in the COMP

Draft document Section 13- Dealing with Items by Exception -(New section)

The Council or a committee of Council may, at any time resolve to adopt multiple items of business on the agenda together by way or a single resolution

Before resolving to adopt multiple items of business, the chairperson is to list the items of business to be adopted and ask Councillors to identify any of the individual items of business listed by the chairperson that they wish to speak on

The Council or committee must not resolve to adopt any items of business (multiple items) that a Councillor has identified as being one they wish to speak on

Where the consideration of multiple items of business involves a variation to the order of business for the meeting, the Council or committee must resolve to alter the order of business in as per clause 8 of the Draft COMP.

Items of business adopted under this section are to be taken as having been unanimously adopted.

Councillors must ensure they disclose and manage any conflicts of interests they may have in relation to items of business considered under this section (multiple items) in accordance with the requirements of Council's code of conduct.

Staff Comment: this clause may assist in streamlining meeting practices and times, it is recommended Council endorse this clause for inclusion in the COMP

Draft document Section 15 - Keeping Order at Meetings (Section 28 in the current COMP)

Expulsion from meetings

All chairpersons of meetings of the Council and committees of the Council are authorised under this code to expel any person, including any Councillor, from a Council or committee meeting for the purposes of section (10 (2)(b) of the Act OR

All chairpersons of meetings of the Council and committees of Council are authorised under this code of expel any person other than a Councillor, from a Council or committee meeting, for the purposes of section 10 (2)(b) of the Act. Councillors may only be expelled by resolution of council or the committee of the Council.

Staff comment: Council will need to determine which option is a best fit for our Council. It does provide clarity in relation to reinforcing appropriate behaviours within Council related meetings. It is recommended by staff that Council endorse the inclusion of this provision and support the 2nd option for inclusion in the COMP

Draft document Section 17 - Decisions of Council (Section 26 in the current COMP)

17.10 A notice of motion to alter or rescind a resolution relating to a development application must be submitted to the general manager no later than (Council to specify the period of time) after the meeting at which the resolution was adopted.

17.12 subject to 17.7 in cases of urgency a motion to alter or rescind a resolution of Council may be moved at the same meeting at which the resolution was adopted. Where:

a) A notice of motion signed by three Councillors is submitted to the chairperson

b) A motion to have the motion considered at the meeting is passed, and

c) The chairperson rules the business that is the subject of the motion is of great urgency

17.13 A motion moved under clause 17.12 (b) can be moved without notice. Only the mover of a motion referred to in clause 17.12 (b) can speak to the motion before it is put

17.14 A motion of dissent cannot be moved against a ruling by the chairperson under clause 17.12(c).

Staff comment: good governance principles, recommended for endorsement for inclusion the COMP.

Draft document Section 17 (Section 23 in the current COMP)

Recommitting a resolution to correct an error

17.15 Despite the provisions of this Part, a Councillor may, with the leave of the chairperson, move to recommit a resolution adopted at the same meeting to correct any error, ambiguity or imprecision in the Council's resolution

17.16 In seeking the leave of the chairperson under clause 17.15 to move to recommit a resolution adopted at the same meeting the Councillor is to propose alternative wording for the resolution

17.17 The chairperson must not grant leave under clause 17.15 unless they are satisfied that the proposed alternative wording of the resolution would not alter the substance of the resolution previously adopted at the meeting

17.18 A motion moved under clause 17.15 can be moved without notice. Only the mover of a motion referred to in clause 17.15 can speak to the motion before it is put.

17.19 A motion of dissent cannot be moved against a ruling by the chairperson under 17.15

17.20 A motion moved under clause 17.15 with the leave of the chairperson cannot be voted on less or until it has been seconded.

Staff comment: provides clarity and demonstrates good governance principles - recommended for endorsement for inclusion in the COMP.

Draft document Section 18 - Time Limits on Council meetings (Section 15 in the current COMP)

18.1 Meetings of the Council and committees of the Council are to conclude no later than (Council to specify the time)

18.2 If business of the meeting is unfinished at (Council to specify the time) the Council or the committee may by resolution, extend the time of the meeting

18.3 If the business of the meeting is unfinished at (Council to specify the time), and the Council does not resolve to extend the meeting, the chairperson must adjourn the meeting to a time, date and place fixed by the chairperson

18.4 Clause 18.3 does not limit the ability of the Council or a committee of the Council to resolve to adjourn the meeting at any time. The resolution adjourning the meeting must fix the time, date and place that the meeting is to be adjourned to.

18.5 Where a meeting is adjourned under 18.3 or 18.4 the general manager must:

· Individually notify each Councillor of the time, date and place at which the meeting will reconvene, and

· Publish the time, date and place at which the meeting will reconvene on the Council's website and by using such other means that will bring notice of time, date and place at which the meeting will reconvene to the attention of as many people as possible.

Staff comment: provides clarity, transparency and supports good governance practices - recommended for endorsement for inclusion in the COMP.

Options

1 When the final Model Code of Meeting Practice is released by the Office of Local Government following this consultation period matters outlined under the Element 1 will be required to be included in an adopted Code of Meeting Practice by each local government body.

2 Under the Model Code of Meeting Practice matters outlined under the Element 2 heading of this document, are items which Council’s may consider whether or not to include. However, it needs to be noted, the OLG are recommending Councils adopt these clauses, as best practice Code of Meeting Practice.

Community Engagement

Public consultation undertaken

Consultation about the Draft Model Code of Meeting Practice has been managed through the OLG. All Councils across NSW and other stakeholders have been provided with the draft document and submissions have been invited by the OLG about the proposed changes.

Financial and resource considerations

No additional financial consideration is required as part of compiling the submission about the Draft Model Code of Meeting Practice. This submission has been prepared as part of operational duties of the Organisational Development and Governance (ODG) Unit.

Legal /Policy

The requirement to develop a Model Code of Meeting Practice has been identified due to amendments made to the Local Government Act 1993 by the Local Government Amendment (Governance and Planning) Act 2016. The Model Code of Meeting Practice will be prescribed by regulation. Once finalised this will replace the meeting rules currently prescribed in the Local Government (General) Regulation 2005.

All Councils in NSW are required to adopt a Code of Meeting Practice which will comply with the final Model Code of Meeting Practice, 6 months after the final draft is released. The Draft Code of Meeting Practice can be viewed on the Office Of Local Government’s website:

Draft Model Code of Meeting Practice

Attachments

Nil

Council 21 February 2018

Item 13.4

13.4. Consultation on Proposed Office of Local Government Councillor Induction and Professional Development Guidelines

This report provides information about the new draft guidelines relating to Councillor Induction and Professional Development, under the Local Government (General) Regulations 2005 and seeks endorsement of these guidelines via submission to the Office of Local Government (OLG).

Executive Manager Organisational Development and Governance

Officers Recommendation

1. That Council note the report

2. That Council endorse the proposed Guidelines via submission to be presented to the Office of Local Government for their consideration.

Executive Summary

The Office of Local Government (OLG) is consulting with Councils and other stakeholders across NSW via Circular17-39 about new guidelines under the Local Government (General) Regulations 2005 concerning Councillor induction and continuing professional development programs.

OLG has issued a consultation draft of the proposed guidelines for comment prior to their being finalised.

This report provides information about the proposed guidelines for Councillor's information and seeks Council's endorsement of support via a submission letter to the OLG about these new arrangements.

Background

Amendments made to the Local Government Act 1993 (the Act) by the Local Government Amendment (Governance and Planning) Act 2016 in August 2016, saw the inclusion in the prescribed role of Councillors under section 232, a responsibility "to make all reasonable efforts to acquire and maintain the skills necessary to perform the role of a councillor".

In support of this, the amendments to the Act allow Regulations to be made relating to induction and other professional development training for Mayors and Councillors. OLG has drafted new guidelines for Councils in NSW relating to these provisions.

As part of the new Regulations, Councils will be required to report annually on the induction and ongoing professional development activities offered to the Mayor and each Councillor and whether they participated in them and to make this information publicly available on their websites.

Under these guidelines, Councils' induction and professional development programs are to consist of three elements:

· Pre- election candidate sessions - these are to ensure prospective candidates are aware of what will be expected of them if elected (these are not mandatory but are encouraged)

· Induction program - this aims to equip Mayors and Councillors with the information they need to perform their role effectively over the first few months and has a particular focus on building positive, collaborative relationships between Councillors and with Council officers

· Professional development program - this is to be developed in consultation with all Councillors and delivered over the term of the Council to build the skills, knowledge and personal attributes necessary to be an effective Mayor or Councillor.

The OLG has invited submission from Councils and other stakeholders on the consultation draft of the Councillor Induction and Professional Development Guidelines. Submissions must be made by COB Friday 16 March 2018.

All Bega Valley Shire Councillors were advised of the OLG's consultation process relating to these new guidelines via email on 2 January 2018, and comments were invited from Councillors about the guidelines. Nil comments have been received to date.

Guidelines for Councillor Induction and Continuing Professional Development Programs

The Proposed guidelines as per the Local Government (General) Regulations 2005 are outlined below:

Councillor Induction and Professional Development Programs

· The general manager is to ensure an induction program is delivered for newly elected and returning Councillors and a specialist supplementary induction program for the Mayor within six months of their election

· The general manager is to ensure an ongoing professional development program is delivered for the Mayor and each Councillor over the term of the Council for the purposes of assisting them to acquire and maintain the knowledge and skills necessary to perform their roles

· The content of the ongoing professional development program to be delivered to the Mayor and Councillors is to be determined in consultation with the Mayor and each Councillor and is to have regard to the specific knowledge and skills required by the Mayor, each individual Councillor and the governing body as a whole to perform their roles

· Mayors and Councillors must make all reasonable efforts to participate in the activities offered to them as part of an induction or ongoing professional development program

· The general manager is to report to the first Council meeting held following the completion of the delivery of the induction program identifying the activities offered to the Mayor and each Councillor as part of the induction program, and whether or not the Mayor and each Councillor participated in the activities offered to them.

· The general manager is to report to the first Council meeting held following 30 June each year identifying the ongoing professional development activities offered to the Mayor and each Councillor in the year to 30 June as part of the professional development program, and whether or not the Mayor and each Councillor participated in the activities offered to them under the program

· The general manager is to ensure these reports are published on the Council's website.

· The Chief Executive of the OLG may, at the request of a general manager, exempt the Council from the requirement to publish details of induction and ongoing professional development activities offered to the Mayor or an individual Councillor where he or she is satisfied that there are exceptional circumstances.

Current Individual Training Program arrangements in place for Councillors at Bega Valley Shire Council (BVSC).

Over the last 6 months, in anticipation of possible changes arising from amendments to the Act and in keeping with good governance principles and practices, Bega Valley Shire (BVSC) Council has developed its own Professional Development Program for Councillors.

All BVSC Councillors were surveyed in June 2017 in relation to their induction training/programs and information provided to Councillors following the Local Government election in September 2016.

The second part of the survey related to seeking information from all Councillors about what training opportunities they would like to pursue to assist them to develop their knowledge and skills as Councillors. Five Councillors responded to this section of the survey. Since then, Individual Training Plans have been implemented for those Councillors as reported to Council at the Ordinary Council meeting of 13 December 2017 - (Councillor Development Program).

Once the new OLG guidelines have been adopted across all local Councils in NSW, the existing BVSC Councillor Professional Development Program will be reviewed to ensure compliance with new guidelines.

Options

As the guidelines have been drafted in keeping with the amendments to the Act, Council's only option is to note and endorse these new guidelines.

Community Engagement

Consultation undertaken

The OLG is consulting all Councils in NSW and other stakeholders about the new guidelines and are inviting submissions on these guidelines.

Financial and resource considerations

Budget for implementing ongoing Professional Development Training Programs for the Mayor and each Councillor is already in place for the current financial year. Ongoing budget allocation for these Programs will be factored into Council's operational budget each year.

Funding source		Amount
Individual Councillor professional development program	$	18,000

Legal /Policy

The drafting of these new guidelines are as a result of amendments made to the Local Government Act 1993 by the Local Government Amendment (Governance and Planning) Act 2016.

Attachments

Nil

Council 21 February 2018

Item 14.1

14.1. Quarterly Budget Review Statement - December 2017

Budget review statements are prepared and presented to Council quarterly in accordance with Section 203 of the Local Government (General) Regulation 2005.

Director Strategy and Business Services

Officers Recommendation

1. That Council adopt the December Quarterly Budget Review

2. That Council note movements outlined in the Quarterly Budget Review Statement.

3. That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified.

Executive Summary

Under the Integrated Planning and Reporting (IPR) Guidelines, a Quarterly Budget Review Statement must be presented to Council for each financial quarter.

The Quarterly Budget Review Statement is presented in a summary format which shows Council’s income and expenses by type and by activity. The Capital Budget Review Statement is also prepared by type followed by variance details. It is the intent of this report to provide information to the users of the Quarterly Budget Review Statement report in order to illustrate the financial performance of Council as a whole and for each activity of Council.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

Financial and resource considerations

Council’s projected year-end result is a deficit of $559,000.

Council’s current financial result has weakened since the beginning of the year despite favourable conditions that have brought about extra interest income and lower borrowing costs. Council is utilising its reserves to fund capital works.

The main impact on Council’s projected year-end result is a consequence of Council not receiving or deferring its capital grant funds from other government bodies. In this light, Council has adjusted its capital spending accordingly. However, capital grants are recognised in the Income and Expenses Budget Review Statement as an income item, therefore negatively impacting on its result.

Council continues to develop plans to better account for its assets, ensuring that when works are completed they are capitalised and depreciated appropriately. Work is underway to mature Council’s asset management systems to provide for more accurate capturing and monitoring of assets. As a result, it is anticipated Council will be in a better position in the future to have more real time information to accurately forecast its maintenance and renewal costs.

Council has made some savings but continues to struggle under the current rate pegging in 2017-18 of 1.5%.

While our projected result is approximately $1.1 million below the original budget Councils normal operations are predominantly within original expectations. The variation is due to reduced levels of grants being received for projects for which expenditure will still go ahead.

A more detailed analysis of the impact of these changes is located within the Quarterly Budget Review Statement.

Other areas of savings will continue to be explored, however without additional revenue, Council will need to revise its levels of service.

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2005, the responsible accounting officer must prepare and submit to the council a Budget Review Statement after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2005 states:

Budget Review Statements and revision of estimates

1. Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

a. A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b. If that position is unsatisfactory, recommendations for remedial action.

c. A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2017 – 2021 Delivery Program / 2017 -2018 Operational Plan provides the Financial Estimates 2017 – 2021 which includes the Budget for 2017-18.

Council will need to be mindful of the deficit results it is confronted with in its Long Term Financial Plan, and not introduce new works or services during 2017/2018 financial year unless a business case and a clear funding source is identified.

Given the issues highlighted by Council in achieving its Asset Management model, future gains or surpluses need to be placed into appropriate reserves in order to provide coverage for future liabilities.

Attachments

1 ⇩. QBRS December 2017

Council	21 February 2018
*Item 9.3 - Attachment 1*	Draft Commercial centres strategy review September 2017

Council	21 February 2018
*Item 12.1 - Attachment 1*	NSW Health Bega Valley Shire Survey January 2018

Council	21 February 2018
*Item 12.2 - Attachment 1*	Registered plan of proposed easement with Crown public road - Deposited Plan 1230937

Council	21 February 2018
*Item 12.2 - Attachment 2*	Proposed terms of easement for Wallaga Lake Koori Village Sewerage Scheme

Council	21 February 2018
*Item 12.2 - Attachment 3*	Department of Industry - Lands letter of consent to Wallaga Lake Koori Village Sewerage Scheme

Funding source		Amount
International Women’s Day Scholarship	$	2,500

Council	21 February 2018
*Item 13.2 - Attachment 1*	Operational Plan 2017 – 2018 Half Yearly Management Report

Council	21 February 2018
*Item 14.1 - Attachment 1*	QBRS December 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

9 Staff Reports – Planning and Environment

10 Staff Reports – Community, Culture and Leisure

11 Staff Reports –Economic Development and Business Growth

12 Staff Reports – Infrastructure Waste and Water

13 Staff Reports – Governance and Strategy

14 Staff Reports – Finance

15 Adoption of Reports from Standing Committees

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

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

21 February 2018

Staff Reports –Planning And Environment

21 February 2018

9.2. Wallaga Lake Entrance Management Policy

Officers Recommendation

Attachments

Staff Reports – Community, Culture and Leisure

21 February 2018

Council

21 February 2018

Staff Reports – Infrastructure Waste And Water

21 February 2018

Council

21 February 2018

Staff Reports – Governance And Strategy

21 February 2018

Staff Reports – Finance

21 February 2018