Agenda of Council - 23 May 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 23 May 2018

Item 9.1

9.1. DA No. 2017.348: Proposed temporary helipad

Director Community, Environment and Planning Anthony Basford

Applicant	Blueprint Planning
Owner	D M and A M Smith
Site	Lot 153 DP 750190 - 284 Vimy Ridge Road, Chinnock
Zone	Part E2 Environmental Conservation Zone and Part E3 Environmental Management Zone
Site area	19.2 hectares
Proposed development	Temporary private helipad

Precis

The Application provides for the establishment of a private helipad to be used on a temporary basis in association with the residential occupation of the land.

The Application has been subject to a public consultation process. Council is in receipt of 35 submissions objecting to the proposal on various grounds.

Approval is recommended, subject to conditions.

Officers Recommendation

1. That the Application for the establishment and operation of a temporary private helipad on Lot 153 DP 750190 – 284 Vimy Ridge Road, Chinnock be approved subject to the conditions as detailed in the Draft Consent attached to this report (Attachment 1).

2. That the temporary private helipad be approved for a period not exceeding two years from the commencement of the use.

3. That those persons who made a submission during the public exhibition process be advised of Council’s Resolution.

Executive Summary

The Application provides for the establishment of a private helipad to be used in association with the residential occupation of the land. The helipad would operate on a temporary basis involving a maximum of 12 flight movements (6 arrivals/6 departures) per year for a period of five years.

The Application has been lodged under Clause 2.8 of the Bega Valley Local Environmental Plan 2013 (BVLEP). Clause 2.8 enables Council to consider the temporary use of the land for the purposes of a helipad.

The Application seeks approval of the use for a period of five years however Council officers' recommendation is that a period not exceeding two years would be more appropriate to satisfy the purpose of Clause 2.8 and would enable the operational characteristics of the proposed helipad to be reviewed by Council. At the end of the period, the applicant would be at liberty to reapply for a continuance of the temporary land use, at which time, any adverse impacts and/or non-compliance matters could be addressed in the assessment and determination of the new Application.

Description of the proposal

The proposed helipad would occupy a flat section of the site immediately adjacent the existing dwelling (See Attachment 3 and 4).

The operational characteristics of the helipad would involve:

(a) The helicopter and pilot are appropriately licenced.

(b) The use of a civilian Bell OH – 58A helicopter having a passenger load not exceeding 4 persons inclusive of the pilot.

(d) Flight movements would be during daylight hours but generally between 9am and 5pm.

(e) All operations would be for private purposes (not commercial).

(f) No refuelling operations would be undertaken on-site.

(g) Typical warm up/warm down times of the helicopter being in the range of 2 to 5 minutes.

(h) The proposal is compliant with Civil Aviation Advisory Publication No. 92-2(2) – Guidelines for the Establishment and Operation of Onshore Helicopter Landing Sites (Civil Aviation Authority 2014).

(i) The operation of the helipad would be conducted from within the cleared curtilage of the existing dwelling and would not require the removal of any vegetation.

Description of the site and adjoining lands

The subject land is located approximately 2.2 kilometres upstream from Mogareeka at Chinnock. The subject land is located within a coastal environment characterised by the presence of the Bega River (southern boundary), and forested areas with established rural residential land use patterns to the west and north of the site.

The subject land has an area of approximately 19 hectares of which, a large portion has been retained in its natural state albeit managed (see Attachment 2 – Locality Plan). The subject land rises up from the Bega River and wetland areas (Chinnock Lagoon) to a plateau area on which the existing dwelling and associated outbuildings are located. The development of the site has been selective to ensure the environmental integrity of the River foreshore and sensitive wetland areas fronting Chinnock Lagoon.

Adjoining properties on the northern side of the Bega River are characterised by bushland settings and a dispersed settlement pattern reflective of the undulating to steep topography. Adjoining properties enjoy expansive view corridors out over the Bega River, Mogareeka, Tathra and beyond. The closest dwelling to the proposed helipad would be approximately 700 metres to the west.

The land opposite and immediately to the south of the Bega River is located within the Tathra River Estate which is currently in the process of being further subdivided.

Planning assessment

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

A copy of the Assessing Officer's Section 79C assessment will be available at the meeting.

Zoning

By definition, a “helipad” is defined under the provisions of the BVLEP as meaning:

“a place not open to the public used for the taking off and landings of helicopters.”

The subject land is partly zoned E2 – Environmental Conservation Zone and partly E3 – Environmental Management Zone as prescribed by the provisions of the BVLEP. The area of the site proposed to be used in association with the helipad is located wholly within the E3 Zone. In both land use Zones, a “helipad” is a prohibited use.

The Application has been lodged under Clause 2.8 of the BVLEP. Clause 2.8 enables Council to consider the temporary use of the land for the purposes of a helipad.

The Objective of Clause 2.8 is:

“to provide for the temporary use of land if the use does not compromise the future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.” The Clause enables Council to issue development consent for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

Notwithstanding, Clause 2.8(3) states that;

“development consent must not be granted unless Council is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with the provisions of the BVLEP 2013 and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structure related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.”

In assessing and determining the Application, Council must consider if all of the requirements of Clause 2.8 are met. In considering the matter, the following has relevance given the circumstances of the case:

(i) It is clear from the wording of the Clause that Council is required to set an end date to a temporary use if granting consent under this Clause and that the ordinary dictionary meaning of “temporary” normally implies to something with an end in sight. The applicant is seeking a five year temporary approval which is considered by Council officers to be unrealistic given the nature of the proposed development and potential amenity/lifestyle and environmental impacts, albeit minor.

A temporary period not exceeding two years would satisfy the purpose of Clause 2.8 and would enable the operational characteristics of the proposed helipad to be reviewed by Council. At the end of the period, the applicant would be at liberty to reapply for a continuance of the temporary land use, at which time, any adverse impacts and/or non-compliance matters could be addressed in the assessment and determination of the new Application. Any new Application would be subject to a similar public notification process as the current Application before Council.

(ii) The establishment and operation of the helipad would not compromise the future development potential of the subject land.

(iii) In the assessment and determination of a temporary use application, the Clause places an onus on Council to ensure the temporary use does not “adversely” impact on any adjoining land or the amenity of the neighbourhood or the locality’s environmental attributes. The wording of the Clause is intentional and places a high standard on the assessment and determination process.

It is to be noted, that in applying Clause 2.8, the emphasis on the word “adversely” can become very subjective. What may be considered unreasonable by some may not be of concern to others.

In this instance, the proposed operation of the helipad has the potential to impact on adjoining lands and the amenity of the neighbourhood by reason of noise/sound pressure/vibration and visual intrusion. However, these impacts would be influenced by topography, climatic conditions, distance and operational characteristics at the time of landing and take-off.

The proposed operation of the helipad would also have the potential to impact on the integrity of biodiversity in the general locality. Potential impacts would be in the form of, but not limited to, bird strike and habitat disturbance (roosting/foraging).

The subject land has an area of approximately 19 hectares of which a large percentage has been retained in its natural state. The property rises up from the Bega River and wetland areas to a plateau area on which the existing dwelling and associated outbuildings are located. The operation of the helipad would be conducted from within the cleared curtilage of the existing dwelling. Additional site clearing is not required.

Potential impacts would be limited to only 12 flight movements (6 arrivals/6 departures) per year. For a large percentage of the time, the helicopter would not be present at the property.

The operation of the proposed helipad would add a new element into the acoustic and visual characteristics of the locality and may change habitat opportunity. However, any potential impact should be measured against the proposed operational characteristics of the helipad. In this instance, it is considered that any potential impact would be minor (based on the short duration of usage of the site as a helipad) and that any potential impact can be addressed by imposing suitable conditions as provided in the attached draft Development Consent.

(iv) At the end of any endorsed temporary period, the restoration of the site would not involve any significant works and the area involved would readily convert back into the residential curtilage around the existing dwelling.

Consultation

Office of Environment and Heritage

The Application was referred to the Office of Environment and Heritage for comment. The following advice was received;

“We have reviewed the Statement of Environmental Effects for this development and understand that this proposal does not involve any ground disturbance, or vegetation modification or removal. As such, OEH does not have any objections for this application.

However, given the location of the site on the Bega River, and the vegetation on site, it is likely to be valuable in terms of its Aboriginal cultural values and biodiversity values. If any disturbance is required on this in the future, an archaeological assessment and flora and fauna report would be required”.

Civil Aviation Safety Authority

The Application was also referred to the Civil Aviation Safety Authority (CASA) for consideration and the following comments were received;

“CASA has reviewed the DA and I am advised that CASA has no objection to the proposal as presented. CASA does not regulate aircraft movements to or from helipads and the decision on increasing movements at the nominated helipad is a land use matter for Council to consider”.

Community Engagement

Consultation undertaken

The Application was subject to two separate public consultation processes. Council received 36 submissions objecting to the proposal on various grounds. The following represents a summary of the submissions together with Council officers' comment as considered relevant. Copies of all submissions are available at the meeting.

· The use of the land as a helipad constitutes Designated Development as defined under the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulations 2000.

Comment:

The Environmental Planning and Assessment Act 1979 and Environmental Planning Assessment Regulations 2000 detail what developments are deemed as designated development. The legislation details that for helicopters and associated facilities to be designated development, the following applies;

(a) that have an intended use of more than 7 helicopter flight movements per week (including taking-off or landing), and

(b) that are located within 1 kilometre of a dwelling not associated with the facilities or in any case, that are located:

(i) so as to disturb more than 20 hectares of native vegetation by clearing, or

(ii) within 40 metres of an environmentally sensitive area, or

(iii) within 40 metres of a natural waterbody (if other than seaplane or helicopter facilities).

On review of the Application, the proposal does not constitute designated development.

· The land is located in E3 – Environmental Management Zone in which a helipad would be prohibited land use activity. The proposed helipad would not enjoy existing use rights.

Comment:

This issue has been addressed earlier in this Report with the applicant seeking approval under Clause 2.8 Temporary Use under BVLEP.

· Given the nature of the proposed development, Council does not have the statutory authority to approve the development as a temporary use given the wording of Clause 2.8 of the Bega Valley Local Environmental Plan 2013.

Comment:

This issue has been addressed earlier in this Report with Council having the authority to consider the application.

· The application has not addressed the provisions of State Environmental Planning Policy No 14 (SEPP) – Coastal Wetlands.

Comment:

The aim of the SEPP is:

“to ensure that the coastal wetlands are preserved and protected in the environmental and economic interests of the State.”

Prescribed wetlands are present on the subject land and in the immediate locality.

The existing dwelling and access arrangements are located well above and outside of the nominated SEPP wetland areas on the land and in the general locality. The proposed helipad being immediately adjacent to the existing dwelling would also be located well above and outside the wetland areas. Accordingly, the routine operation of the helipad would have no adverse impact on SEPP wetlands.

· The Application has not addressed the provisions (Clause 8 (g)) of State Environmental Planning Policy 71 – Coastal Protection as it relates to biodiversity conservation. The operation of the helicopter has the potential to inflict bird strike.

Comment:

Clause 8 (g) states:

“The development provides suitable measures to conserve animals and plants (see Threatened Species Conservation Act)”

The operation of the helipad would have potential biodiversity impacts. However, given the proposed operation characteristics of the helipad, any impact would minor.

· The noise associated with the operation of the helicopter will be loud and intrusive on the amenity of adjoining and adjacent properties and lands within the general locality.

Comment:

The proposed operation of the helipad has the potential to impact on adjoining lands and the amenity of the neighbourhood by reason of noise/sound pressure/vibration. However, any impact would be influenced by topography, climatic conditions and distance to adjoining residences and would be limited to only 12 flight movements (6 arrivals/6 departures) per year and of short duration being during take-off. The applicant has identified that flight paths of the helicopter to and from the site would be away from nearby residences. Accordingly, any impact on the amenity and lifestyle choices would be minor.

· No acoustic report has been submitted as part of the Application which addresses potential and/or likely acoustic impacts associated with the operation of the helipad.

Comment:

An acoustic report has not been submitted as part of the current Application. Prior to the lodgement of the Application, the applicant sought advice from Council officers as to the need to submit an acoustic report.

Following a review of the proposed operational characteristics of the helipad, the applicant was advised that given the low level of activity, an acoustic report was not required. The position of Council’s officers was considered to be a measured response given the circumstances of the case and was based on the following observations:

(a) The low level of use (6 return flights annually).

(b) The short duration of noise impacts.

(d) Existing larger helicopters in use (eg. coast watch, emergency services) in the immediate vicinity would probably account for more activity than the proposed helipad.

(e) Few if any complaints have been received in relation to the operation of rescue and medical helicopters accessing the Bega Hospital.

(f) The proposed helipad would have been a permissible use under previous local environmental plans.

(g) Noise generating potential and nuisance can be effectively regulated under the provisions of the Protection of the Environment Operations Act 1997.

· It is reported that the applicant has picked up passengers from the Tathra footy oval for scenic flights.

Comment:

The concern expressed in the submissions was referred to the applicant for comment. The applicant has advised the claims are “grossly exaggerated and misguided and do not accord with the statutory log book records held by the pilot”.

It is likely the flight movements of other helicopters including the likes of Coast Watch and commercial operators have been mistakenly identified as flight movements associated with the proposed helipad and pilot.

· The subject land has been used unlawfully on a regular basis as a helipad by the owner and by civil authorities and agencies - shark surveillance and emergency services.

Comment:

The concern expressed in the submissions was referred to the applicant for comment on the basis that Council officers are aware (by way of complaint) the site has been unlawfully used in the past for the purposes of a helipad. The submission of the current Application has been the product of Council’s investigations into the complaint.

The applicant has advised the allegations are untrue with the site being confused with other nearby sites which are used periodically by civil authorities and agencies. The applicant does not dispute the fact that the subject land has been used in the past, but not to the extent as alleged. The applicant has advised the true situation regarding flight movements average between 4 to 10 per annum and are not on a regular basis of day in day out.

· The land is located on nominated bush fire prone land and no consideration has been given to the requirements of the NSW Rural Fire Service. This is an important consideration in the event of a helicopter crash.

Comment:

The subject land is nominated as bush fire prone land. The proposed helipad is not integrated development for the purposes of the Environmental Planning and Assessment Act 1979 and Rural Fires Act 1997. Accordingly, there is no obligation on Council to refer the matter to the NSW Rural Fire Service for consideration.

The subject property is well managed against the risk of bushfire attack with appropriate asset protection zones encapsulating the curtilage of the existing dwelling and outbuildings. The proposed helipad would be located within this existing asset protection zone. The siting and operational characteristics of the proposed helipad would not increase the risk of bushfire attack on the site and/or adjoining lands or compromise the effectiveness of the managed asset protection zone.

The applicant has advised that statistically, the common passenger motor vehicle is more prone to fire, pollution and accident risk than a helicopter. Coupled with the fact the helicopter and pilot have to be registered to satisfy the requirements of the Civil Aviation Safety Authority, the proposed helipad and operation of the helicopter would not increase the risk of bush fire.

· Civil Aviation Safety Guidelines state “a helicopter landing site and or helipad’ should be equipped with suitable fire protection equipment…at least two fire extinguishers having specifications in accordance with Section 9 of the National Fire Protection Standard NFPA 418-2011 and any other equipment as may be required to effectively extinguish a fire at the helicopter landing site.”

Comment:

The applicant has advised the helipad would be compliant with the Civil Aviation Advisory Publication No. 92-2(2) – Guidelines for the Establishment and Operation of On-shore Helipad Landing Sites (Civil Aviation Safety Authority, February 2014). The Guidelines reference the National Fire Protection Standard NFPA418-2011.

· The overwhelming noise associated with the operation of the helicopter does not promote the desired image of the Bega Valley Shire as being environmentally aware and committed to preserving its beautiful coastline and environmental attributes which are enjoyed by residents and visitors alike.

Comment:

The subject land is located within a coastal environment characterised by the presence of the Bega River, its escarpments and forest areas and a diverse and well established land use pattern. Accordingly, it maintains high scenic and lifestyle values which are enjoyed by landowners and visitors alike.

The current Application provides for the establishment and operation of a private helipad which is to be used on an irregular basis but not exceeding six visits (12 movements) per year over a five year period. For the large percentage of the time, the helicopter would not be present at the property and as such, the existing character of the property and its contribution to the broader landscape and lifestyle values would not significantly change.

Given the above, it is considered that whilst the presence and operation of the helipad will add a new urban/visual element into the local landscape while in operation, any impact would be minor.

· The whole of the subject land is environmentally sensitive. The fact that the proposed helipad is reported to be located outside nominated sensitive lands has no relevance.

Comment:

The proposed helipad and operation would not involve the undertaking of any site works inclusive of site clearing, physical construction and ground disturbance. The proposed helipad would be located within the cleared curtilage around the existing dwelling on an existing vehicle access track. Accordingly, any site disturbance would be no greater than that associated with the use of the existing access track by motor vehicles.

· The establishment and operation of the helipad would pose safety issues for residents on adjoining and adjacent lands, in the event of pilot error and/or operational failure during landings and take offs.

Comment:

The applicant has also advised the pilot and helicopter must be registered and that the helicopter in use is subject to a maintenance regime which is undertaken every 100 hours of operation or every 12 months whichever comes first. The maintenance must be carried out by a certified aircraft maintenance engineer who must issue a valid maintenance release as part of the registration process of the aircraft. The registration process is regulated and administered by the Civil Aviation Safety Authority and is subject to full reporting processes worldwide. Accordingly, whilst pilot error and operational failure of helicopter cannot be totally ruled out, the likely incidence of pilot error and malfunction resulting in a crash over the site and/or on adjoining and adjacent lands would be unlikely.

· The proposal clearly amounts to one person’s desire to land his helicopter close to his holiday retreat at the expense of his neighbours amenity and biodiversity. Planning policy considerations should address the impact of an individual’s travel convenience against the broader community’s life style choices and amenity.

Comment:

This is an opinion expressed by some of the objectors to the proposed helipad and its operation. It is not a valid planning ground on which Council should base its assessment of the merits of the Application.

· People choose to invest and live in this locality for its natural values, the sense of isolation, peacefulness and recreational opportunities which enhances potential market values of properties. The operation of the helipad would have a significant effect on those lifestyle and economic choices.

Comment:

These issues relating to amenity and lifestyle choice have been acknowledged and addressed earlier in this Report.

The concerns expressed over potential impact on property values is not a valid planning ground on which Council should base its assessment of the merits of the case and/or in the final determination of the application.

· The approval of the helipad will set a precedent in the locality, the cumulative effect would be detrimentally intolerable.

Comment:

The concerns expressed are not valid in the assessment and determination of the current Application. Any Development Application lodged with Council must be assessed and determined on its own merits and in accordance with the legislative framework at the time of lodgement.

· There is no justifiable reason why the applicant could not use the Merimbula Airport and/or the Frog Hollow airstrip to effectively commute.

Comment:

The concerns expressed are not valid in the assessment and determination of the current Application. The development application lodged with Council must be assessed and determined on its own merits and in accordance with the legislative framework at the time of lodgement.

· There is no obligation on the applicant to record flight movements or for Council to monitor movements to ensure that the site is not used more than what is currently being proposed.

Comment:

The pilot would be required by the Civil Aviation Safety Authority to keep a statutory log book of flights to and from the property. A condition is recommended requiring the pilot to release the log book for compliance monitoring purposes at Council’s request. If in the event the applicant breeches the conditions imposed in the development approval, the log book could be used in evidence to control and regulate the unauthorised activity.

· The proposed operation of the helipad would affect the health and wellbeing (“significant anxiety”) of local residents by reason of noise and visual intrusion.

Comment:

The social impact of the proposed development has been considered in the assessment of the Application. The staff recommendation is to limit the operation to a two year consent period. Given the sporadic nature of the operation (up to 12 flights per annum) and the proposed Conditions of Consent, it is concluded that the impacts of the proposal would be suitably mitigated so as to avoid any significant impact on the residences in proximity to the development site.

Summation

On review, the grounds of objection either individually or collectively would not sustain a refusal of the Application given the nature and extent of the proposed development. Suitable conditions are imposed on the Draft Consent for the purpose of limiting any adverse impacts on the amenity of the locality and the natural environment.

Attachments

1 ⇩. Draft Notice of Determination

2 ⇩. Location Plan

3 ⇩. Proposed Helipad Location

4 ⇩. Helipad

Council 23 May 2018

Item 9.2

9.2. 2008.629 Application to Modify Development Consent for Merimbula Nominees

Director Community, Environment and Planning Anthony Basford

Applicant	Damian Lapozzuto – The Retail Group Pty Ltd
Owner	Merimbula Nominees Pty Ltd
Site	Lot 21 DP 1231850 – 111 Main Street, Merimbula
Zone	B2 Local Centre
Site area	7,794m²
Proposed development	Retail Development – Supermarket

Precis

The Application was deferred from the Council meeting of 1 May 2018 to allow a further report to be provided for Council regarding the timeframe for the construction and availability of the access road associated with the Merimbula Nominees and Club Sapphire development.

Officers Recommendation

1. That Condition No. 25 of DA No. 2008.629 be amended to read as follows;

“That provision shall be made for the parking of 127 vehicles on site within 22 months of the commencement of Stage 1 construction, to satisfy the restriction on title to provide parking for the Merimbula RSL development.”

2. That Council notify those persons who made a submission of the determination

Executive Summary

In accordance with Council’s Resolution of 1 May 2018 Council officers requested confirmation from the applicant of the timeframe for the construction and availability of the access road associated with the Merimbula Nominees and Club Sapphire development. At the time of writing this report no comments had been received.

Existing conditions of the consent require the provision of access road to be constructed prior to the commencement of use for the supermarket.

Background

This matter was reported to Council on 1 May 2018 with a recommendation the Application to Modify Development Consent 2008.629 to amend Condition No. 25, be approved to read as follows;

One public address was provided at the Council meeting. A copy of that address is included as Attachment 2.

The report was deferred to allow a further report to be prepared for Council regarding the timeframe for the construction and availability of the access road associated with the Merimbula Nominees and Club Sapphire development.

1 May 2018 Ordinary Council Meeting Minutes

Description of the site

The subject site is located on the northern side of Main Street and adjoins the Merimbula Imlay Bowling Club to the west, Council’s former library and child care centre buildings to the east and vacant land to the north. The land is rectangular in shape with an area of 7,783sqm with a frontage of approximately 73m to Main Street.

The site is currently under construction for the proposed supermarket approved under Development Consent 2008.629. At the time of writing of this report, the concrete slabs of the carpark and walls of the new supermarket have been constructed.

[See Attachment 1 – Locality Plan]

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.55 (previously Section 96) of the Environmental Planning and Assessment Act 1979. Council officers highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the Assessing Officer's Section 4.55 Assessment will be available at the meeting.

Provision of access

In accordance with Council’s Resolution, a request for information regarding the timeframe for the construction and availability of the access road associated with the Merimbula Nominees and Club Sapphire development was forwarded to the applicant. At the time of preparation of this report, no comments had been received.

Should the applicant provide a response before this matter being tabled at Council, it will be attached as a late supplementary attachment to this report.

Council officers can advise that in accordance with Condition 68 a) and b) of Development Consent 2008.629, it requires the following construction works for the proposed new access road from its intersection with Sapphire Coast Drive to the access of the development.

“a) construction of intersection treatment at the junction of Sapphire Coast Drive with the

proposed new access road to the development in conformity with the standards

specified by the NSW Roads and Traffic Authority and Council.

The design shall ensure that no water is directed onto the formation of the through

roadway (Sapphire Coast Drive). The applicant will be required to provide suitable

drainage, including structures if necessary, underneath the access road.

The applicant shall submit detailed engineering plans, including drainage, at a scale of 1:200 to Council to be assessed for approval.

(Reason: To provide an appropriate standard of access to the land and to accommodate

the traffic likely to be generated by this development).

b) construction of the following roadwork in the proposed new access road from its

intersection with Sapphire Coast Drive to the access of the development:

· 150mm upright kerb and gutter along both sides with a width of 10.0 metres

between nominal kerb lines,

· bitumen sealed road pavement extending for the full width between the kerbs and

gutters,

· all associated stormwater and subsoil drainage works,

· grassing of footways,

· erection of street name sign, and

· all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate

the traffic likely to be generated by this development).”

Condition 68 is one of various other conditions that need to be met before the development site can be completed and before the proposed use of the site can commence as a supermarket.

Attachments

1 ⇩. Locality plan

2 ⇩. Address to Council David Jesson

3 ⇩. 2008.629 email response for s96 application to modify

Council 23 May 2018

Item 10.3

10.3. Road Closure - section of Council public road in Jellat Jellat

Council has received a request from Crown Lands to approve the vesting of a proposed closed Council road in the NSW Department of Industry – Crown Lands.

Director Community, Environment and Planning

Officers Recommendation

1. That the report be received and noted.

2. That Council advise the NSW Department of Industry – Crown Lands that the proposed road closure application currently with Crown Lands be terminated, with the applicant to be advised to reapply through Council so consideration can be given to the closing of the non-maintained Council road and sale to the adjacent owner/s, if it is established the road is no longer required for any public purpose.

3. That the General Manager write to NSW Department of Industry – Crown Lands advising Council’s decision.

Executive Summary

Council direction is sought on whether to:

1. Approve the vesting of the proposed closed Council road in the NSW Department of Industry – Crown Lands, noting that Council would forgo any opportunity to receive revenue for the sale of the land and associated road closure fees in addition to losing the section of road as a means of public access to the Bega River;

2. Request NSW Department of Industry – Crown Lands to terminate the road closure application and give the applicant the option to reapply through Council. Council could potentially receive revenue for the sale of the road reserve; however would lose the section of road as a means of public access to the Bega River; or

3. Not support the road closure application, noting this option will assist Council in retaining the road for public access to the Bega River.

Background

Mr and Mrs Gowing made an application to formally close and purchase a section of road reserve located off Tathra Road in Jellat Jellat on 1 May 2014. The application was made directly to Crown Lands as it was assumed the road was under their care and control. Crown Lands referred the matter to Council on 2 September 2015, and Council provided concurrence to the formal road closure as Council officers were of the opinion that Crown Lands were the appointed road owner.

Following the consultation period, the proposed road closure was approved by the Minister’s Delegate on 27 October 2017 and the applicants paid Crown Lands for the road reserve and associated fees. A draft plan of first title creation was prepared and sent to Land Registry Services (LRS). Upon receipt of the plan for registration, LRS identified that the road was classified as Council public road reserve and a requisition was issued. Crown Lands had not obtained the consent of Council for the road to be vested in the NSW Department of Industry – Crown Lands upon closure.

Following receipt of the requisition from LRS, Crown Lands conducted a status investigation of the road and it was found to be Council public road reserve as identified in the attached Government Gazette notices. Standard practice would be for Crown Lands to have done this prior to approving the road closure application and issuing survey instructions.

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

2686410

Options

The options available to Council are:

1. Council approve the closure of the section of Council public road reserve located off Tathra Road in Jellat Jellat and vesting in the NSW Department of Industry – Crown Lands, without recovering costs for Council officers' time allocated to preparing this report.

2. Council advise the NSW Department of Industry – Crown Lands that the proposed road closure application currently with Crown Lands be terminated, with the applicant to be advised to reapply through Council so consideration can be given to the closing of the non-maintained Council road and sale to the adjacent owner/s, if it is established the road is no longer required for any public purpose.

3. Council advise the NSW Department of Industry – Crown Lands that the proposed road closure and vesting in the NSW Department of Industry – Crown Lands is not supported.

Community Engagement

Consultation undertaken

Crown Lands advertised the proposed road closure in the Bega District News on 11 September 2015 and affected landholders were notified. The advertisement read “Crown roads at Jellat Jellat, bound by Tathra Road directly to the south, Bega River directly to the north and Jellat Jellat Creek to the east”.

Objections were received by multiple adjoining landholders as the proposed road closure would essentially land lock their properties. Crown Lands negotiated with all affected parties and agreeance to a ‘Right of Carriageway’ to the benefit of all adjoining landholders was reached.

Consultation Planned

If Council provides permission for the road to be closed and vested in the NSW Department of Industry – Crown Lands then a new advertisement will be need to be published to state “Council Road”.

Council consideration of input

Further the proposed road closure application has recently become a matter of public discussion with a further six public submissions being received by the NSW Department of Industry – Crown Lands on 12, 13, 14, 15 and 16 April 2018. These objections relate to public access to the river for recreational activities such as fishing, kayaking and swimming.

Financial and resource considerations

Due to the additional requirements imposed on Council and officers' time required to investigate a road closure application, Council charge applicants a road closure fee. In this instance no fee has been charged as the application was made directly with Crown Lands. Proceeds of $16,000 plus fees for the sale of the closed road have been paid directly to Crown Lands with Council not receiving any financial return from the transaction.

Legal /Policy

In 2014 Council received notification from NSW Trade and Investment (Crown Lands) that a new process for road closure applications had been developed. The process essentially required Councils to carry out all the initial statutory requirements and pre-lodgement actions prior to lodging the road closure application with the NSW Department of Industry – Crown Lands.

As directed by Crown Lands, a status search of the road dedication, use and construction is required in the initial stages of any Council public road closure application and evidence of this must be included in the report to Crown Lands. It appears the NSW Department of Industry – Crown Lands did not follow their own procedure in this case, which is why the correct road ownership was not determined until lodgement of the plan with LRS.

When assessing the merit of a road closure application, the following factors need to be considered by Council officers:

· Whether the land is required for current or future use as pedestrian or vehicular access to public or private land

· Whether all adjoining property owners have been consulted regarding the road closure and whether they provided written consent

· Whether the land is required for operational purposes e.g. provide access for infrastructure provision, pipes, stormwater drainage etc.

· Has the section of road been formed or improved in any way, including the provision of underground pipes or services

· Does the road reserve provide a wildlife corridor

· Would the newly created parcel infer an extra building entitlement under the current Local Environmental Plan

· Is a re-zoning application required

· Cost of maintaining the site versus the benefits gained from selling the land

· The location and topography of the site may also influence the decision to support or reject an application.

If the above investigations indicate the land is not required, Council may dispose of the land at market value. In this instance Council has not had the opportunity to properly investigate or consider the application and with the recent public interest in maintaining public access to the river, Council officers are of the opinion the non-maintained Council road should remain open at this stage.

Council officers have visited the site and note the access to this location has been constructed in one form or another for many years, as a means to provide access to the small river sand beach used by members of the public.

Attachments

1 ⇨. Public submissions (Councillor Only)

2 ⇩. Government Gazette notices

Council 23 May 2018

Item 11.1

11.1. Tourism Marketing Services RFT 23/18

This report details the outcome of the evaluation of Services Tender 23/18 for Tourism Marketing Services and recommends a preferred tenderer.

General Manager

Officers Recommendation

1. That Council accepts the tender evaluation recommendation as outlined in the confidential attachment

2. That Council accept the tender from (to be added following resolution of item 1.) for the services detailed in RFT 23/18 Tourism Marketing Services, in the amount of (to be added following resolution of item 1.)

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

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

Executive Summary

Through the Tourism Marketing Services Tender, Council aims to facilitate the delivery of tourism destination marketing, development and regional leadership activities that grow the local visitor economy and create maximised, demonstrable economic outcomes for the benefit of the whole Bega Valley Shire.

The key deliverables of the tender included:

· Management and implementation of the Sapphire Coast Destination Marketing Plan (SCDMP) through a yearly activity plan including specific actions, projects, tasks, campaigns and aligned to broader regional destination management objectives.

· Deliver support and services that direct and inspire the local tourism and visitor economy stakeholders across the areas of:

1. Primary Delivery Areas

· Destination Marketing

· Product/Experience Development

· Industry Representation and Leadership

· Operator Development and Training (Industry Development)

2. Secondary Areas

· Tourism Planning and Sustainability

· Research and Data Insights

· Visitor and Information Services

· Funding Attraction and Management

· Leverage additional opportunities, partnerships and mechanisms that grow the visitor economy in the Shire.

· Advocate to local, state and federal stakeholders for the Shire’s visitor economy and provide general support and advice to Council and the local tourism and visitor economy industry.

· Ensure skills, networks, experience and governance arrangements support the local visitor economy, industry and Council achieve its goals.

Due to the detail provided in the attached tenders and Confidential Memo and the variance in the risks associated with the tenderers, Council may wish to resolve to refer this item to Closed Session. An appropriate resolution to do this would be:

That the matter be deferred to Closed Session on the basis that the discussion could, under Section 10A(2) of the Local Government Act 1993 include:

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it

Background

The tender was publically advertised in the Sydney Morning Herald, Council’s website and Tenderlink on 20 March 2018 and closed 2 May 2018.

Three (3) submissions were received in response to the RFT, from the following, listed in alphabetical order:

· Anthony Osbourne

· Chatterbox Marketing

· Goto Plus

The tender submissions were assessed against the following criteria:

Criteria	Weighting
Overall cost	10%
Lump sum price breakdown
Schedule of rates for variations

Criteria	Weighting
Proposed methodology	45%
Tender Program
Recognition of local outcomes, demonstration of support for local business and community enterprise

Criteria	Weighting
Experience providing similar Services	45%
References
Work health and safety, quality and environmental management qualifications& experience
Demonstrated capacity to undertake services of this nature and scale

Financial and resource considerations

Funding source		Amount (inc. GST)
Special Rate Variation – Tourism services	$	327,800

Legal /Policy

The tender process complies with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This contract supports Council’s Community Strategic Plan 2040 Outcome Employment and Learning Opportunities: Goal 3 Our economy is prosperous, diverse and supported by innovative and creative businesses.

Risk

The assessment criteria prepared prior to opening of the tenders had a balance of methodological requirements and those requiring business experience and sustainability. The top two tenderers performed differently in these aspects.

Attachments

1. Chatterbox Marketing Tender Submission (Councillor Only) (Confidential)

2. Chatterbox Marketing Workcover Insurance Policy (Councillor Only) (Confidential)

3. Anthony Osborne Tender Submission (Councillor Only) (Confidential)

4 . Goto Plus Tender Submission (Councillor Only) (Confidential)

5 . Confidential Memo to Councillors (Councillor Only) (Confidential)

Council 23 May 2018

Item 12.4

12.4. Sportsground Committee Nominations

Additional nominees to Council’s S355 General Sportsgrounds and Individual Community Sportsgrounds Committees are presented for Council consideration.

Director Assets and Operations

Officers Recommendation

1. That Council endorse the nominations received from Local Community Sportsground Committees listed in the Confidential Attachment be appointed to the S355 General Sportsgrounds Committee.

2. That Council endorse the nominations listed in the Confidential Attachment for membership of the Pambula Sporting Complex Site Committee.

3. That Council endorse the General Sportsground Committee Guidelines updated to reflect the new Local Sportsground Committees

Executive Summary

The participation of volunteers in the care and management of Council’s Sportsgrounds is an important way in which these facilities are activated, maintained and remain responsive to user needs. Volunteer input and assistance into the operations and management of sportsgrounds across the Shire is through a two tier Committee structure.

- Site Sportsground Committees are made up of user group representatives and community members interested in the operations and management at individual sites.

- S355 Sportsgrounds Committee is made up of two Councillors and representatives from the site Committees that come together to discuss management of sportsgrounds on a Shire wide basis.

For reference a copy of the adopted S355 General Sportsground Committee guidelines are attached to this report.

Nominations for both the S355 Sportsground Committee and the Pambula Sporting Complex Site Committee have recently been received by Council. The nominations for positions are provided to Councillors in an attached Confidential Memorandum for consideration.

Background

A unanimous decision at the 26 February 2018 S355 General Sportsground Committee Meeting endorsed an amendment to the current S355 General Sportsground Committee Guidelines to enable representatives from the ‘Local’ hierarchy level Community Sportsgrounds to be included in the S355 General Sportsground Committee. These Local Sportsgrounds include: Colombo Park Bemboka; Lawrence Park Tathra; and John Gordon Recreation Reserve Candelo. Those local Committees were notified and S355 General Sportsground Committee nominations from those site Committees have been received.

Additional nominations for participation in the Pambula Sporting Complex Site Committee have been received and are also included in this report for consideration by Council.

The nominations relate to a change in office holders at the Pambula Pony Club and formalisation of representation from Lumen Christi College on the current site Committee.

Legal

Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally. The delegated functions of the S355 General Sportsground Committee are set out in the S355 General Sportsground Committee Guidelines which prescribe the manner in which the S355 and general site Committees must operate.

Policy

Typically additional nominations for membership of Sportsground Site Committees are welcome and processing is straight forward. However the S355 General Sportsground Committee Guidelines states:

3.6 Committee membership

3.6.1 Community Sportsgrounds Committee Membership

Council, at this time, has seven Community Sportsgrounds Committees, each requiring a minimum of five (5) members and a maximum of twelve (12). The members are nominated from representatives of each organised regular user group of the facility. Committee composition will demonstrate equity in representation between facility users. Community Sportsground Committee nominations will be reported to Council for appointment. The term of Community Sports Ground Committee appointments will be for the same term as the Council who appointed committee members with the addition of an extra three months leeway following the general election of Councillors.

The individual Community Sportsgrounds Committees do not have nor require a Councillor delegate in order to function.

Issue

The Pambula Beach Sports Complex Site Committee currently has eleven (11) representatives. This includes two general community representatives, one of which is the former president of the Pambula Pony Club who wishes to remain on the Committee. Advice from the secretary of the Pambula Sporting Complex Committee is that the Committee is happy with the current representation.

Endorsing the two (2) additional nominations for the Pambula Sporting Complex committee will see the committee numbers exceed the maximum number of twelve (12) stated in the adopted S355 General Sportsground Committee Guidelines. However, not having representation from regular user-groups also conflicts with the Guidelines in that it would not ‘demonstrate an equity in representation between facility users’ as is also stated in the Guidelines.

Options

In considering options it is important to keep in mind the S355 General Sportsground Committee Guidelines are a document developed and adopted by Council. As such Council can amend or agree to make exceptions or concessions to the Guidelines. With this in mind two options are presented below.

1. Council not endorse the new nominations for site Committee membership at Pambula Sporting Complex and accept the Committee will not ‘demonstrate an equity in representation between facility users’

2. Council endorse the new nominations for site Committee membership at Pambula Sporting Complex and accept that it will be an exception to the Guidelines with a membership of thirteen (13) at that site.

Strategic

Strategic Alignment

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

Goal 1: We are cooperative, caring and enjoy a culturally rich community life
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care

Social / Cultural

Council’s Sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities. The involvement of volunteers helps ensure these facilities are well utilised and better able to meet community needs. Involvement in sportsground committees also provides benefits to many individual volunteers by increasing their community connections and building their capacity through participation. Council recognises the number and quality of sportsground facilities could not be provided without the efforts of Committees and the wide range of volunteers who assist the Committees in their work in managing and maintaining these facilities.

Attachments

1 ⇩. DRAFT S355 General Sportsground Committee Guidelines amended 2018

2 ⇨. S355 Sportsground Volunteer and Committee Nomination Forms.pdf (Councillor Only)

Council 23 May 2018

Item 12.5

12.5. RFT 15/18 Beauty Point Boat Ramp Construction

This report details the evaluation outcome of RFT 15/18 for the boat ramp construction element of the Beauty Point Boat Ramp Construction upgrade project, and recommends awarding the contract to the preferred tenderer.

Director Assets and Operations

Officers Recommendation

1. That Council accepts the tender evaluation recommendation as outlined in the Confidential Attachment.

2. That Council accept the tender from <insert> for the works detailed in RFT 15/18 Beauty Point Boat Ramp Construction, in the amount of <insert> (including GST).

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

Executive Summary

This report provides the project background and further considerations including a financial summary, resource allocations and strategic documentation alignment with respect to the tender process carried out for construction of a new two lane concrete boat ramp to replace the existing facility at Beauty Point (Wallaga Lake).

Construction of the new boat ramp is one element of a broader facility upgrade at the location; the boat ramp element has been packaged separately given the specialist nature of works below the mean high water mark (MHWM).

Background

The Beauty Point Boat Ramp upgrade project is the final project to be delivered under Round 1 of the NSW Boating Now Program. This program, funded by NSW Roads and Maritime Services (RMS) with Bega Valley Shire Council (BVSC) co-contribution, aims to deliver the Priority Regional Projects identified in the Far South Coast Regional Boating Plan published by Transport for NSW (TfNSW).

The scope of works identified for the Beauty Point Boat Ramp upgrade project includes:

· Replacement of the existing gravel boat ramp with a new reinforced concrete double boat ramp

· Enlargement and upgrade of the existing access road and launching area

· Enlargement and formalisation of the car/trailer parking and

· Upgrade of lighting.

This report focusses on the first element of the above scope of works and the tender process carried out in order to identify a preferred contractor to deliver this scope.

Community Engagement

Consultation undertaken

Initial meetings have been held on site with key stakeholders including Merrimans Local Aboriginal Land Council, RMS and Batemans Marine Park. This stakeholder engagement prompted an Aboriginal Cultural Heritage Assessment Report (ACHAR) given the cultural significance of the location; subsequently an Aboriginal Heritage Impact Permit (AHIP) is required and has been applied for.

Consultation Planned

Communication regarding the timing of the upgrade works will be carried out to enable local residents to be kept informed of upcoming works, and will also include ensuring the boating community is informed and advised of alternative launching locations while the upgrade works are taking place.

Financial and resource considerations

Table 1 below provides details of the overall Beauty Point Boat Ramp upgrade project cost and funding sources associated with the boat ramp allocation.

Project Cost		Amount
Project Management	$	25,000
Design	$	35,000
Boat Ramp	$	250,000
Car Park/Access Road/Launching Area	$	60,000
Lighting	$	20,000
Signage, Public Furniture, Landscaping etc	$	10,000
Contingency allowance	$	10,000
Total Project Cost	$	410,000

Funding source(s)
RMS via the NSW Boating Now Program	$	325,000
BVSC co-contribution	$	85,000

Table 1 – Project Cost and Funding

Legal /Policy

The tender process conducted for RFT 15/18 complies with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Beauty Point Boat Ramp upgrade project aligns to numerous strategic documents, these include:

· Community Strategic Plan (CSP). Feedback received for the Bermagui/Wallaga Lake area in response to the “Understanding Our Place” community engagement process, which subsequently informed the CSP, included “improved recreation facilities and spaces”.

· Operational Plan (OP). Item 1.2.4.9.5 of the OP = “upgrade Beauty Point Boat Ramp”.

· Leisure and Recreation Asset Management Plan, June 2017. This Plan identifies “realisation of opportunities currently being pursued” and “renewal of Beauty Point Boat Ramp and improvements” as key items of focus for maritime facilities.

· BVSC Infrastructure Prospectus. Marine infrastructure is a headline project in the Prospectus; the Beauty Point Boat Ramp upgrade project aligns with the key outcomes of quality infrastructure, water recreation capacity and safety.

· TfNSW’s Regional Boating Plan, Far South Coast Region, February 2015. This Plan identified the boat ramp, parking and access road upgrades at Beauty Point as a “Priority Regional Project”.

· BVSC Maritime Infrastructure Plan, February 2014. This Plan identifies the medium/long term scope of works for Beauty Point as “upgrade of the Boat Ramp to a 2 lane reinforced concrete ramp above MHWM and a linked pre-cast concrete plank ramp below MHWM”.

Environmental / Sustainability

The existing boat ramp at Beauty Point is in sand/shell grit. Formalisation by constructing a new concrete two lane ramp will reduce the impact of vehicle movement on the foreshore. Additional bollards will be incorporated into the civil works element of the project to further restrict vehicle movement and direct all boat launching activity to the new concrete boat ramp.

A Review of Environmental Factors (REF) was carried out; this REF did not identify any moderate or high risk items for the location. Potential environmental risks during construction, primarily erosion and sediment control, will be addressed in the appointed contractor’s Construction Environmental Management Plan.

Permit applications have been submitted to two sections of the NSW Department of Primary Industries (DPI): Fisheries and Batemans Marine Park. These two teams will work together to assess any potential environmental impacts posed by the project. As the project will improve the existing facilities and reduce vehicle movement across the foreshore, it is not envisaged any issues will arise from permit applications.

Economic

Provision of quality infrastructure directly aligns with the marine infrastructure component of BVSC’s Infrastructure Prospectus; the Prospectus supports NSW’s target to double overnight visitor expenditure by 2020.

Risk

Aside from potential environmental risks (refer Environmental/Sustainability above) and standard construction risks, all of which will be addressed in the appointed contractor’s project plans, no notable risks are posed by the project.

Social / Cultural

As outlined in the Community Engagement section above, the location is culturally significant, as such an AVHAR has been undertaken and an AHIP is required and has been applied for. While the AHIP is still pending at the time of writing this report it is not envisaged there will be any issues obtaining the permit.

Attachments

1 ⇨. Confidential Memo to Councillors (Councillor Only)

Council 23 May 2018

Item 13.1

13.1. Exhibition of Revised Delivery Program for 2017-2021 and Operational Plan and Budget for 2018-2019

Council is required to exhibit its draft Integrated Planning and Reporting Plans: the Delivery Program, Operational Plan, Budget, Rates and Charges, and Fees and Charges for a period of 28 days.

General Manager

Officers Recommendation

1. That the draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018 – 2019, including Council’s Budget, Revenue Policy and all Rates and Annual Charges, be placed on public exhibition for 28 days from 25 May 2018 until 22 June 2018.

2. That the draft Bega Valley Shire Fees and Charges 2018 – 2019 be placed on public exhibition for 28 days from 25 May 2018 until 22 June 2018.

Executive Summary

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council has prepared a revised draft Delivery Program (Four Year Plan) for 2017-2021; and draft Operational Plan (One Year Plan) for 2018-2019. The document includes the following:

- Draft Budget for 2018 – 2019

- Draft Revenue Policy for 2018 – 2019

- Draft Fees and Charges for 2018 – 2019

- Draft Financial Estimates for 2018 – 2019

The draft document has been reviewed over the past six months and utilises the adopted Delivery Plan to set the Council’s direction as adopted in June 2017 and is now proposed to be publicly exhibited with the feedback considered by Council before adoption.

Background

The Delivery Program and Operational Plan are presented in one document which also includes financial estimates for the four year period and a detailed budget for the operational activities to be undertaken as well as a statement of Revenue Policy for the applicable financial year.

Delivery Program

The Delivery Program outlines which aspects of the Bega Valley Community Strategic Plan 2040 (CSP 2040) are under the direct control and responsibility of Council. It identifies what actions Council is going to undertake in the medium term to work towards the goals and strategies in the CSP 2040 within the resources available. The program also presents a description of what each of Council’s Service Areas will do and indicates which Service Area is responsible for achieving the actions.

Each year Council is required to consider issues that have arisen relating to the Delivery Program. Following the adoption of the Delivery Program 2017-2021 in June 2017, Council underwent an Organisational Restructure that resulted in a redirection of services. As a result, the adopted Delivery Program 2017-2021 has been revised to reflect the Restructure, as well as some significant legislation changes and an increase in funding opportunities.

Also since the adoption of the original Delivery Program in June 2017 two major activities have resulted in significant changes to our projected plan being:

1. The Tathra and District Bushfire response and recovery. This is expected to impact Council programs and resourcing for up to 18 months.

2. The unprecedented level of funding being delivered in particular by the State Government through the Regional Growth Funds. This program is very positive for regional NSW as it provides the opportunity to deliver additional and upgraded infrastructure in a range of areas including transport, sport and recreation, buildings and tourism related areas. It also brings with it a necessary diversion of staffing resources to deliver the projects and potential impacts on forward planning for other projects including operations and maintenance.

A full detail of the additional imposts are included in the draft document.

Four year financial estimates

The draft Revised Delivery Program includes financial estimates for the four year period from 2018 – 2021.

Operational Plan

The Operational Plan and budget is developed every year to directly address the actions outlined in the Delivery Program and identify the projects, programs or activities that Council will undertake within the financial year towards addressing these actions.

Revenue Policy

The draft Operational Plan contains the statement of draft Revenue Policy which includes:

· details of estimated income and expenditure

· ordinary and special rates

· proposed fees and charges

· proposed pricing methodology, and

· borrowings proposed for the 2018-19 financial year.

Fees and Charges 2018 – 2019

The Council determines fees and charges for a range of services such as: planning and building; library; children’s services and facility usage. These fees and charges form part of the Revenue Policy. The fees and charges proposed for these services and facilities for the 2018-19 year is detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Council management committees have been provided the opportunity to submit their draft fees for 2018-19, and these have been included.

Budget Summary

The draft Operational Plan also includes a 2018-19 Budget Summary which provides an overview of the total estimated income and expenditure for each of Council’s General, Waste, Water and Sewer Funds as well as a breakdown of expenditure by Council services.

Community Engagement

Formal public exhibition of the Draft Revised Delivery program 2017-2021 and Draft Operational Plan 2018-2019 in accordance with the requirements of the Local Government Act 1993 will be undertaken between 25 May 2018 and 22 June 2018.

This exhibition will focus on all elements of the draft Delivery Program and Operational Plan including the Budget, Revenue Policy, Fees and Charges and Financial Estimates.

Public exhibition will include the document being available in all library branches, on Council’s website and advertisements in local newspapers and electronic media.

Council consideration of input

Community feedback from the public exhibition period will be considered by Council before the final document is adopted on 27 June 2018.

Legal /Policy

Under the Local Government Amendment Act, Council is required to develop plans as outlined above and to publicly exhibit documents in the IPR framework for a period of 28 days.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Delivery Program and Operational Plan are key components of Council’s IPR Framework.

Environmental / Sustainability

The draft Delivery Program and Operational Plan outline projects, programs and activities that Council will undertake towards addressing environmental and sustainability issues.

Economic

The draft Delivery Program and Operational Plan outline projects, programs and activities that Council will undertake towards aiding economic growth in our region.

Social / Cultural

The draft Delivery Program and Operational Plan outline projects, programs and activities that Council will undertake towards building social and cultural capacity in our community.

Attachments

Nil

Council 23 May 2018

Item 13.2

13.2. Code of Conduct Statistical Reporting 2016/2017

Clarifying the Code of Conduct statistical reporting information published in the Annual Report 2017.

General Manager

Officers Recommendation

That Council note the report.

Executive Summary

Council is annually required to publish Statistical Reporting information on Code of Conduct complaints and to also report this information in a designated format, to the Office of Local Government.

Background

Council reported on its 2016/2017 Code of Conduct Statistic in its Annual Report which was presented to Council as part of the Ordinary Council Meeting on 22 November 2017:

Agenda of Council - 22 November 2017

The report is available on Council's website:

2016-2017 Annual Report (pdf)

The information in that report outlined on page 174 states:

Code of Conduct Complaints

During the 2016 - 17 financial year there were 11 complaints made concerning alleged breaches of the Model Code of Conduct. Five of the eleven matters were referred to an independent investigator for preliminary assessment and investigation. Three of the complaints were referred to a member of Council’s Legal Services Panel for processing, one to the Office of Local Government for consideration, and three were managed internally by the Mayor and General Manager respectively.

Under Part 12 of the Procedures for Administration of the Model Code of Conduct Council is required to provide the following information:

Part 12 Reporting on Complaints Statistics

12.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September

b) the number of code of conduct complaints referred to a conduct reviewer

c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints

d) the number of code of conduct complaints investigated by a conduct reviewer

e) the number of code of conduct complaints investigated by a conduct review committee

f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures

g) the number of matter reviewed by the Division and, without identifying particular matters, the outcome of the reviews and

h) the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

12.2 The council is to provide the Division with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.

Bega Valley Shire Council reported to the Office of Local Government as required by 31 December 2017 for the reporting period 1 September 2016 to 31 August 2017.

Legal /Policy

To clarify the information already provided in the Annual Report, the following statistical information is provided:

*Reporting Requirement*	*Response*
a) the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September	10
b) the number of code of conduct complaints referred to a conduct reviewer	7
c) the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints	0
d) the number of code of conduct complaints investigated by a conduct reviewer	7
e) the number of code of conduct complaints investigated by a conduct review committee	0
f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures	2- training and other education 2 - training or education relevant giving rise to the breach 3 - subject person be counselled 2 - subject person apologise 1 - Councillor be formally censured 1 - findings of inappropriate conduct be made public
g) the number of matters reviewed by the Division and without identifying particular matters the outcome of the reviews	0
h) the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September including staff costs.	$14,944

Attachments

Nil

Council 23 May 2018

Item 14.1

14.1. Quarterly Budget Review Statement - 31 March 2018

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

Director Business and Governance

Officers Recommendation

1. That Council adopt the March 2018 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 deficit has increased by $301,000, projecting a deficit by the end of year of $1,180,000.

The main impact on Council’s projected year-end result relates to Council not receiving or deferring its capital grant funds from other government bodies. In light of this, 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.

The largest impact on the budget in the March quarter is the Federal Government’s decision to prepay the Financial Assistance Grants to councils for 2017/18 in June 2017. Whereby, requiring councils under the accounting standards to record the payment in the previous financial year 2016/17. At this stage, Council has no certainty on the Federal Government’s plans for this year and whether it will continue to make a prepayment. Conservatively, Council will continue to budget for the Financial Assistance Grants for 2018/19, in the 2018/19 financial year, unless informed otherwise.

Another significant adjustment to the budget is the reduction in depreciation of $3.675M, which has positive effect on Council’s year end result. The revision relates to the decrease in water and sewer assets depreciation due to an impairment of water and sewer assets in 2016/17.

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 $1.865 million below the original budget, Council's 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 and the impact of the Financial Assistance Grant prepayment.

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 and 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.

Environmental / Sustainability

Attachments

1 ⇩. Attachment - Quarterly Budget Review Statement - March 2018

Council 23 May 2018

Item 14.2

14.2. Investment Report as at 31 March 2018

This report details Council’s Investments at the end of March 2018.

Director Business and Governance

Officers Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2018.

2. That Council note the certification of the Responsible Accounting Officer.

Executive Summary

I, Graham Stubbs, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993, and clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Also, all investments have been appropriately recorded in Council’s financial records and reconciled on a monthly basis.

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal Policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the monthly Investments Reports are attached to the Business Paper.

Financial and resource considerations

The attached report indicates a current investment portfolio of $64,175,783.87 at 31 March 2018. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	January 2018	February 2018	March 2018
General Fund	$15,207	$14,671	$17,822
Water Fund	$16,234	$17,155	$16,089
Sewer Fund	$28,662	$30,275	$30,265
TOTAL	$60,103	$62,101	$64,176

· Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

As at 31 March 2018, BVSC’s available cash balance was $688,233.09 and the investment balance was $64,175,783.87. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 18,051,860.97

· TCorpIM Strategic Cash Fund - $ 46,123,922.90

With respect to the Fund’s monthly distributions, the custodian calculates the Fund’s earnings at month end and then pays a distribution based on these earnings. Distributions are paid to investors by way of the issue of additional units.

Legal /Policy

Section 625 of the Local Government Act 1993 (the Act) determines money may only be invested in a type of investment authorised by order of the Minister for Local Government and published in the Local Government Gazette. The most recent Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the Act.

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates Environmental, Social and Governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

Attachments

1 ⇩. TCorpIM Statement Bega Valley Shire Council - SCFT (1326) March 2018

2 ⇩. TCorpIM Statement Bega Valley Shire Council - CAFT (1303) March 2018

3 ⇩. TCorpIM Funds Monthly Report - March 2018

Council 23 May 2018

Item 16.1

16.1. Canberra Region Joint Organisation Annual Parliament House meeting in Sydney

Cr McBain, Mayor

Parliament House Meeting with Ministers

The Canberra Region Joint Organisation (CBRJO) comprises the following Councils:

Bega Valley, Eurobodalla, Snowy Monaro, Queanbyean-Palerang, Goulburn Mulwarree, Upper Lachlan, Hilltops, Yass Valley & Wingercarabee.

Associate members include East Gippsland (Victoria), Snowy Valleys, Wagga Wagga and the ACT Government.

Cr Rowena Abbey, Mayor Yass Valley is the JO Chair and I act as Deputy Chair.

Annually the CBRJO has a session at Parliament House in Sydney to present issues of importance to the Region to a range of State Ministers. Over two days, 2^nd and 3^rd May 2018 held in Sydney, Mayors from the region had a range of presentations and meetings. This included a short presentation from the Premier, a presentation from Deputy Premier The Hon John Barilaro MP, The Hon Bronnie Taylor MLC (Parliamentary Secretary to the Deputy Premier and for Southern NSW) on the first night.

Over the two days sessions were held with the following Ministers who had been provided a list of questions on notice from the Region to which they responded as well as taking questions from the floor. The Ministers were The Hon Gabrielle Upton MP, Minister for Local Government, Environment and Heritage, The Hon Andrew Constance MP, Minister for Transport and Infrastructure, The Hon Melinda Pavey MP Minister for Roads, Maritime & Freight, The Hon Adam Marshall MP, Minister for Tourism & Special Events, The Hon Niall Blair MLC Minister for Primary Industries & Regional Water, The Hon Paul Toole, MP Minister for Crown Lands, Forestry and Racing and The Hon Troy Grant MP, Minister for Police and Emergency Services.

We also had a presentation from the Greater Western Sydney Commission in regards to potential opportunities for the south east with agriculture and other related businesses being pushed out to make way for the Badgery’s Creek airport . The strategic opportunities being offered by linking to the area are being investigated.

The Office of Local Government and the LGNSW President Cr Linda Scott and CEO Donna Rygate also met with the Board. Of particular interest to all Councils are the continuing and increasing demands on local government from Local Government Super (LGS) for additional contributions towards the now closed, defined benefits plan. This is a key issue which impacts the financial sustainability of Councils with Bega Valley’s increased contribution for the 2018/19 year in the order of $200,000 and the impact on the CBRJO Councils in excess of $1.5m. The CBRJO through its General Managers and now a Board position are lobbying to request an immediate cessation of these additional contributions.

One of the biggest issues currently facing all Councils is ensuring that the Councils have the capacity to deliver on the significant infrastructure funding that is being allocated to Regional NSW. Whilst some Councils, like Bega Valley, have established dedicated project management teams some do not have this capacity and all Councils see the value in looking at economies of scale from working together on delivery of major projects. The CBRJO is currently working with the State Government towards establishing a Project Management Office located within the CBRJO to enable member Councils to put a number of projects together for grant funding allowing the business case to be more easily met and to also be able to sequence work within the CBRJO region to make works a more attractive proposition when tendering for contractors etc.

The CBRJO have a focus on regional collaboration to enable the whole area to flourish. An example of this collaboration is that three other Councils raised the prospects of better utilisation of the Port of Eden for freight opportunities effectively giving Bega Valley better advocacy from other Councils as well as the advocacy that we undertake for this critical local, State and Regional facility.

Other items raised included:

Minister for Local Government, Environment and Heritage:

· Recurrent funding for Joint Organisations

· Local Government reforms and reviews particularly the rating review

· Accredited Biodiversity Assessors to ensure the Biodiversity Offset Scheme is efficient and effective

· Impact of the Chinese ban on recycled goods and the opportunity to work with local industry and local government investigating how processing and reuse of recycled goods can create jobs and have economic and environmental benefits

Deputy Premier - Minister for Regional New South Wales, Skills & Small Business

· Again recurrent funding for Joint Organisations

· Congratulations on the introduction of the Stronger Countries Communities Grant program and support for its continuation and equitable distribution of the funding on a per capita basis

· Financial support for the establishment of a pilot Project Management Office

· Opportunities for Councils to recoup costs of project preplanning activities if the project is successful in receiving grant funding

Minister for Transport and Infrastructure

· Investigation into higher speed rail for east coast connectivity

· Strategic route alignment such as through the Brindabella’s, linking Canberra Airport to Eden Port; improvements to the Snowy Monaro Highway including Brown Mountain

· Outlining the importance of freight and ports including Eden Port and regional airports

Minister for Primary Industries & Regional Water

· The importance of the Bega Valley catchments was highlighted and supported by the Minister

· Timeframe for the finalisation of the Regional Water Strategy identified in the South East and Tablelands Regional Plan

· Delays in the forming of the Native Vegetation Panel under the new Biodiversity Legislation

Minister for Roads, Maritime & Freight

· Funding criteria flexibility for the Fixing Country Roads program to be modified to include road widening on local roads to improve road safety

· The current formula for funding for rural regional roads

· East West corridors strategy including Nowra to the Hume; Eden to Queanbeyan via the Snowy Mountains Highway and Batemans Bay to Queanbeyan via the Kings Highway

· Funding for the Barton Highway

Minister for Tourism and Special Events

· Presentation from the Destination Southern NSW Board on the recently released Destination Management Plan

· Tourism Research Australia reporting data and additional data capture is being developed to include Air B&B and Stayz etc.

· The Visitor Economy Industry Action Plan (VEIAP) is completed and to be released soon, it establishes targets for Regional NSW

· The importance of China and increasingly India as markets highlighted

· The Destination Networks have each been allocated a one off additional funding allocation

· State DMP under development

Minister for Crown Lands, Forestry & Racing

· Update on the Crown Lands Management Act implementation and confirmation that there is no implementation funding allocation to local government

· Confirmation that there will be no forced vesting of land to local government, there must be agreement by all parties and that there will be no access to Public Reserve Management funding when the land is vested to local government

· The Native Title administration and resolution impacts for local government; including training for Council staff

· An alternative model for funding to Council’s whose roads assets are impacted by forestry operations was discussed and is the subject of several local government working parties of which Bega Valley is a part of

Minister for Police and Emergency Services

· Changes to the disaster funding model to commence on 1 July 2018 were discussed noting Bega Valley had been a pilot site, Councils welcome the move to day labour allowance and baseline asset reporting

· The issue of accounting for the RFS red fleet in Council’s finances was discussed.

· The move of the RFS to being a stand-alone agency will not occur in the near future but is being reviewed as SES is the first priority

· Key regional Policing Issues

The point that was driven home by the Premier, Deputy Premier and other Ministers was that they see the CBRJO working well together and this was the system they envisioned when putting in place Joint Organisations. They see great benefit for councils working together as a region to gain regional infrastructure, regional initiatives and gain better political attention when we are all working together.

The next meeting of the CBRJO will take place in June to formalise its procedures following introduction of the legislation to parliament.

Attachments

Nil

Council	23 May 2018
*Item 9.1 - Attachment 1*	Draft Notice of Determination

Council	23 May 2018
*Item 9.1 - Attachment 2*	Location Plan

Council	23 May 2018
*Item 9.1 - Attachment 3*	Proposed Helipad Location

Council	23 May 2018
*Item 9.1 - Attachment 4*	Helipad

Council	23 May 2018
*Item 9.2 - Attachment 1*	Locality plan

Council	23 May 2018
*Item 9.2 - Attachment 2*	Address to Council David Jesson

Council	23 May 2018
*Item 9.2 - Attachment 3*	2008.629 email response for s96 application to modify

Council	23 May 2018
*Item 10.3 - Attachment 2*	Government Gazette notices

Criteria	Weighting
Schedule of rates	55
Schedule of rates for variations	5

Criteria	Weighting
Experience completing similar projects	10
References	5
Work health and safety, quality and environmental management qualifications and experience	10
Demonstrated capacity to undertake a project of this scale	10

Council	23 May 2018
*Item 12.3 - Attachment 1*	Agenda - 2018 NSW Local Roads Congress

Council	23 May 2018
*Item 12.4 - Attachment 1*	DRAFT S355 General Sportsground Committee Guidelines amended 2018

Council	23 May 2018
*Item 14.1 - Attachment 1*	Attachment - Quarterly Budget Review Statement - March 2018

Council	23 May 2018
*Item 14.2 - Attachment 1*	TCorpIM Statement Bega Valley Shire Council - SCFT (1326) March 2018

Council	23 May 2018
*Item 14.2 - Attachment 2*	TCorpIM Statement Bega Valley Shire Council - CAFT (1303) March 2018

Council	23 May 2018
*Item 14.2 - Attachment 3*	TCorpIM Funds Monthly Report - March 2018

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

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

23 May 2018

Staff Reports –Planning And Environment

23 May 2018

Precis

Officers Recommendation

Executive Summary

Description of the proposal

Description of the site and adjoining lands

Planning assessment

Zoning

Consultation

Community Engagement

Consultation undertaken

Summation

Attachments

Staff Reports – Community, Culture and Leisure

23 May 2018

Council

23 May 2018

Staff Reports – Economic Develoment and Business Growth

23 May 2018

Council

23 May 2018

Staff Reports – Infrastructure Waste And Water

23 May 2018

Council

23 May 2018

Staff Reports – Governance And Strategy

23 May 2018

Staff Reports – Finance

23 May 2018

16.1. Canberra Region Joint Organisation Annual Parliament House meeting in Sydney

Parliament House Meeting with Ministers

Attachments

18.1. Cr Mitchell Nadin - Merimbula community works by developer

Notice of Motion