Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 27 June 2018 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Mr Anthony Basford

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Coordinator Communications and Events

Minute Secretary

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for  presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments  if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.

 


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

27 June 2018

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 13 June 2018 as circulated, be taken as read and confirmed.

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Adjournment to Standing Committees

There are no reports to Standing Committees.

9       Staff Reports – Planning and Environment

 

Nil Reports

10     Staff Reports – Community, Culture and Leisure

 

Nil Reports

11   Staff Reports –Economic Development and Business Growth

 

Nil Reports

12     Staff Reports – Infrastructure Waste and Water

 

12.1              RFT 31/18 - Supply and Install Dam Liner System at Merimbula Waste Depot.................... 10

12.2              Tathra to Kalaru bike track - Land matters................................................................................. 13

13   Staff Reports – Governance and Strategy

 

13.1              Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019................................................................................................................................... 60

14     Staff Reports – Finance

 

14.1              Councillors annual fees................................................................................................................. 68

14.2              Adoption of Fees and Charges 2018 - 2019.............................................................................. 94

14.3              Making of the Rates and Charges for 2018 - 2019................................................................... 98

15     Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

 

16     Councillor Reports

 

17     Rescission/alteration Motions

 

18     Notices of Motion

18.1              Plastics............................................................................................................................................ 112

18.2              Building suitable for youth refuge............................................................................................. 113

 

19     Questions On Notice

19.1              Cr Nadin question regarding road works at Merimbula bridge............................................ 115

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 115

              

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

27 June 2018

 

 

Staff Reports – Infrastructure Waste And Water

 

27 June 2018

  

12.1            RFT 31/18 - Supply and Install Dam Liner System at Merimbula Waste Depot. 10

12.2            Tathra to Kalaru bike track - Land matters......................................................... 13


Council 27 June 2018

Item 12.1

 

12.1. RFT 31/18 - Supply and Install Dam Liner System at Merimbula Waste Depot      

 

Report on outcome of tender process for works to enable composting of organic waste at Merimbula Waste Depot.

 

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 31/18 Supply and Install Geosynthetic Dam Liner System at Merimbula Waste and Recycling Depot, in the amount of <insert> (including GST).

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

RFT 31/18 was advertised in the Sydney Morning Herald, Council’s website and TenderLink on 15 May 2018 and closed on 6 June 2018. A site inspection was conducted for tenderers on 24 May 2018.

Tender submissions were received from:

·    Eco Line Solutions Pty Ltd

·    Earthtec Pty Ltd

The tender submissions were assessed against the following evaluation criteria:

Project Value

Criteria

Weighting

Overall project cost, lump sum price breakdown, schedule of rates for variation

60%

Project Experience

Criteria

Weighting

Experience completing similar projects

20%

References

Work health and safety, quality and environmental management qualifications and experience

Demonstrated capacity to undertake a project of this scale

Project delivery and functionality

Criteria

Weighting

Proposed arrangements, including site establishment and traffic management plans, proposed construction methodology

20%

Tender program

Recognition of local outcomes, demonstrated support for local business and community enterprise

The evaluation is complete and award to the preferred tenderer is recommended.

Background

In order to protect the environment and meet the NSW EPA guidelines for composting facilities it has been necessary to undertake leachate & stormwater management works at the Merimbula Waste Depot composting facility.

A significant component of the works has been the construction of a 2.5ML stormwater/leachate storage dam. The major excavation and earth work for the dam is complete, but the dam requires a lining system to be installed prior to commissioning.

Community Engagement

Diverting organic waste from landfill was one of several focal points for the waste strategy working group throughout 2017. The proposed works enable this element of the waste strategy to be advanced.

Council has considered diversion of organic waste on 22 February 2017 and resolved formally to introduce a FOGO service on 16 August 2017.

Financial and resource considerations

The works are budgeted within the 17-18 waste capital works programme. The initial budget for the project has been exceeded due to issues that emerged throughout the environmental assessment, design and EPA consultation process. A conservative design in terms of dam sizing and liner system specification,  along with a difficult site have combined to increase project costs beyond those envisaged in early 2017 when the budget was prepared.  However sufficient unexpended funds remain within the existing waste capital works allocations for 2017-18 to enable the project to be completed.

Legal /Policy

The Tender process complies with Section 55 of the Local Government Act 1993.

The inclusion of food waste in the composting process has necessitated a modification to the environmental protection licence for the site. The EPA has provided Council with a licence variation which is contingent on Council completing the required works and providing a report to the EPA by 30 November 2018.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed works enable the site to be used for the purpose of diverting food waste from landfill which is an initiative supported and promoted by local, regional and state waste strategies.

Environmental / Sustainability

Diverting food waste from landfill into a composting process has benefits including landfill preservation, greenhouse gas reduction, and resource recovery and soil improvement. The proposed works help to ensure that these benefits are realised without unacceptable environmental impacts.

.Attachments

1.          2018.07.27 confidential attachment to RFT 38.18 memorandum to councilors (Councillor Only)

 


Council 27 June 2018

Item 12.2

 

12.2. Tathra to Kalaru bike track - Land matters     

 

This report provides detail about land acquisition needs for the construction of a new bike path between the townships of Tathra and Kalaru and seeks Councils support to proceed.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.       That Part Lot 288 DP 1216718 (as defined in the attached plan) be acquired (with landowner’s consent) for the valuation amount of $13,000 (excluding GST) for the purpose of a public road pursuant to Section 177 of the Roads Act 1993 (NSW).

2.       That it be noted Council intends to dedicate the land, as referred to in recommendation 1 above, in the NSW Government Gazette as a public road under Section 10 of the Roads            Act 1993 (NSW).

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

 

Executive Summary

Council has received State Government funding to construct a new bike path between the townships of Tathra and Kalaru.  The design plans have now been finalised and the acquisition of private land is required to accommodate that design.  Council intends to acquire the land for road purposes, with the entire pathway (once constructed) to be located within the road reserve.

Background

On 22 September 2017 Council were recipients of $3 million dollars in funding under the NSW State Government 2017-2018 Active Transport Program for the design and construction of a 4.6km bike track between the townships of Tathra and Kalaru.

The track begins at the bus stop in Kalaru and travels along the along Tathra Road crossing Sapphire Coast Drive on the southern side and continuing along Tathra Road until it crosses to the northern side at the intersection of Killarney Road traveling along Bega Street and finishing at Tathra Public School.

The track has been located within the existing road reserve wherever possible and has been adjusted to suit the existing site topography and design around existing vegetation has been achieved.

Due to the close proximity of the formed road edge to the boundary of the road reserve in various locations the acquisition of approximately 12,350m2 of private land and the use of Council operational land is required to facilitate the bike track.

Council has commenced negotiations with the affected landowners and are seeking to acquire the land by agreement under Section 177 of the Roads Act 1993 (NSW) and in accordance with the procedures set out in the Land Acquisitions (Just Terms Compensation) Act 1991 (NSW).

Land owned by the Bega Local Aboriginal Land Council (LALC) cannot be compulsory acquired and an agreement in accordance with the Aboriginal Land Rights Act 1983 (NSW) must be achieved.  Negotiation have commenced with the Bega LALC to reach an agreement for the acquisition of the following portion of their land.

Title Reference

Property Address

Total Site Area

Proposed Acquisition Area

Zoning

Registered Proprietor 

Assessed Market Value

Lot 288 DP 1216718

Lot 288 Thompson Drive, Tathra

121.2ha

2,100m2

E3

Bega Local Aboriginal Land Council

$13,000 plus disturbance items

Community Engagement

Consultation undertaken

Significant consultation with the Bega Aboriginal Land Council has already taken place.

The Bega LALC Board has considered this matter at two recent board meetings and has agreed to enter in to a Land Dealing process with the aim of facilitating a transfer of the land based on the following conditions:

1.       The agreed compensation terms are, at a minimum, as set out in the Opteon Property Group valuation report dated 19 January 2018.

2.       The Bega LALC is to be fully reimbursed for all costs associated with entering in to the land dealing process.  This would include meeting costs (advertising of meetings, catering, venue hire, and legal advice related to the land dealings process).

These costs would need to be reimbursed for each meeting and also for any attempts to hold a meeting where a quorum is not achieved.  These costs are to be covered by the funding for the project.

Financial and resource considerations

Opteon Property Group prepared a market valuation report for the property on 19 January 2018.  The report provided a valuation of $13,000 plus disbursements.

It is suggested that $13,000 is a fair price for the proposed acquisition area of 2,100m2, which will adequately suit Council’s needs.

Funding source

 

Amount

NSW State Government 2017-2018 Active Transport Program – Tathra to Kalaru Bike Track

$

13,000

Legal /Policy

Council has several options available for acquisition of property.  In this instance it is suggested that standard conveyancing procedures should apply rather than compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).  The owner has written to Council agreeing to sell the land by private treaty and accordingly, Council’s solicitor will be engaged to facilitate the purchase.

Pursuant to section 42E of the Aboriginal Land Rights Act 1983 (NSW) the Bega Local Aboriginal Land Council (LALC) cannot deal with their land without first obtaining the consent of NSW Aboriginal Land Council, however formal written advice has been received from the Bega LALC agreeing to the terms of the acquisition.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the vision and goals and short term priority proposals of the Bega Valley Bike Plan.

Environmental / Sustainability

A Review of Environmental Factors (REF) has been prepared for the project in accordance with the requirements of Section 111 of the Environmental Planning and Assessment Act 1979 (NSW) and Section 228 of the Environmental Planning and Assessment Regulation 2000 (NSW) specifying a ‘duty to consider environmental impact’ has been pared by suitably qualified and experienced personnel.

Economic

The proposed bike path has the potential to:

•     Provide an economic impact through jobs creation

•     Result in a possible increase in visitor numbers to the area.

Risk

The Bega LALC board have agreed to enter in to the Land Dealing process, the transfer of the land portions requires an 80% yes vote at a properly established land dealing meeting of the Bega LALC and approval from the New South Wales Aboriginal Land Council.

 

Attachments

1.          Valuation Report for Part Lot 288 DP 1216718

2.          Diagram of proposed land to be acquired for road purposes

 


Council

27 June 2018

Item 12.2 - Attachment 1

Valuation Report for Part Lot 288 DP 1216718

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

27 June 2018

Item 12.2 - Attachment 1

Valuation Report for Part Lot 288 DP 1216718

 


Council

27 June 2018

Item 12.2 - Attachment 2

Diagram of proposed land to be acquired for road purposes

 

 

 


Council

27 June 2018

 

Staff Reports –  Governance And Strategy

 

27 June 2018

  

13.1            Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019............................................................................................... 60


Council 27 June 2018

Item 13.1

 

13.1. Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019     

 

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 have been publically exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

 

Director Business and Governance  

 

 

Officers Recommendation

That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019 subject to the changes outlined in this report.

 

Executive Summary

Council has been provided with all written submissions that were made concerning the Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 including the Annual Budget 2018-2019. Copies of all submissions and a detailed summary of submissions and comments are included in the supplementary late attachment to this report.

It is appropriate for Council to adopt, with any amendments noted, the Delivery Program, Operational Plan and Budget accordance with Sections 404 and 405 of the Local Government Act 1993, adopt the amended Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019.

Background

At its meeting on 23 May 2018, Council resolved to place the Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 on public exhibition for 28 days covering the period 25 May to 22 June 2018 in accordance with Sections 404 and 405 of the Local Government Act 1993.

Revised Bega Valley Shire Delivery Program 2017-2021 and Operational Plan 2018-2019 including Annual Budget

The Revised Bega Valley Shire Delivery Program  2017 – 2021 and Operational Plan 2018-2019 outlines what Council will do in the medium term to deliver services, projects, capital works and asset maintenance.

The Delivery Program 2017-2021 was originally adopted in June 2017 and has been revised to reflect the new organisational structure and resulting redirection of services, legislation changes, the Tathra and District Bushfire response and recovery and an increase in funding opportunities particularly from the NSW Stage Government.

The Operational Plan details what activities Council plans to achieve in the 2018-2019 year, which areas are responsible for achieving them and measures to track progress.

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 including the Revenue Policy 2018-2019 and Fees and Charges 2018-2019 were placed on public exhibition from Friday 25 May 2018 to Friday 22 June 2018, in accordance with the provisions of Section 405 of the Local Government Act 1993.

Public notices were placed in local newspapers, the Merimbula News Weekly, Eden Magnet and Bega District News on various dates. Hardcopies of the document were available to view at Council’s Bega office as well as the Bega, Bermagui, Eden and Tura Beach libraries. All documents were available on Council’s website during the exhibition period. There were also a number of social media posts on Council’s Facebook page and information in the Council News produced during the exhibition period.

Public submissions

The following table contains a brief summary of issues raised in the eight public submissions to the draft Operational Plan received up until 5pm Monday 18 June. A supplementary late attachment to this report will detail all of the public submission received by Council during the exhibition period as well as any additional recommended changes to the document resulting from these submissions.

Issue

Comment (see supplementary late attachment for more details)

Completion of work to stormwater drain between 56 and 54 Fairhaven Point Way

Drainage work in this area has not been included in the 2018/19 financial year

Which Bemboka Playground will be upgraded?

Bicentennial Park – draft Operational Plan amended

Need for weed control in Council reserves around Bemboka

Roadsides controlled annually for Priority weeds African lovegrass and St Johns Wort. Bemboka and surrounds included in Blackberry 3 year roadside program.

Need for footpaths and cycleways in Bemboka

No shared network works in Bemboka have been included in the 2018/19 financial year

Support for concept design plan for Bermagui CBD

Noted. See Councillor discussion below

Request for consultation with Bermagui Clean Energy For Eternity (CEFE) regarding the Clean Energy Business Strategy.

Council will continue to work with key stakeholders to factor in best management practice and latest innovations in the development of its Clean Energy Strategy

Need to include more actions that mitigate climate change.

 

Comments noted. Council will continue to plan for, mitigate and adapt to risks associated with climate change guided by its Climate Change Policy and Climate Change Strategy. Mitigation will be pursued wherever practical and in accordance with its strategy.

Updated policy for tree management and draft CBD plan should consider how canopy/shade tree can reduce consumption of electricity and encourage planting of more trees and road verges.

Points made regarding tree management are noted and reflect the need for development of a tree management policy which considers and balances the benefits trees can provide as well as measures to manage potential risks and other issues they may pose.

Request for some of the $75,000.00 grant money that council has to be spent on the Apex park in Cobargo be moved to the skate park to help with the building of the BMX track and basketball court.

The Cobargo Playground renewal is a grant funded project and is based on updating an existing asset. As the project develops further there will be opportunity for community input.

A better focus on Youth and housing affordability partnerships

In 2018-2019 we will implement Council's youth voice/youth action strategy which includes a focus on youth engagement processes and working in partnership with other agencies. There are limited resources in this area and grants will be applied for as they arise. 

Protection of the “natural assets” of the shire from subdivisions, with the natural values of our shire being eroded as the vegetation is cleared and urbanised

Council recognises the importance of the natural values of the shire and key natural areas such as high conservation value vegetation and habitat or vulnerable areas. Councils LEP endeavours to strike a balance between social environmental and economic issues.

Better funding for arts, libraries, community programs and events and Mumbulla foundation Grants

The budget for libraries this year is slightly increased on last year to allow for adequate staffing, there is a strong focus on programs in the library spaces and increased engagement with community development in this area should be beneficial, limited resources mean that there is a focus on partnerships and capacity building with community programs.

The CCC needs to be accessible and affordable for all groups to use

Council has 18 community halls which are affordably priced. The CCC needs to run sustainably to benefit the community which is why the fees charged are more expensive than the Community Halls as the CCC is an expensive facility to run.

A re-look at “waste” and changing our approach from super tips to “resource recovery”, recycling and shire based upcycling of products

Council undertook a review of its waste management strategy in 2017. The new strategy has an emphasis on local resource recovery and value adding. FOGO will be rolled out in late 2018 and feasibility of a local materials recovery facility is being considered.

A renewable energy target for the shire that includes a regional solar farm wind turbines methane extraction at the tip, etc

Council acknowledges the need for an effective renewable energy target to reduce its carbon emissions and accepts there are a variety of options and opportunities that can be explored to help reduce its carbon emissions including solar farm and methane gas extraction solutions.

Stop putting our sewerage out to sea - resource recovery and fertiliser options for use.

Our Merimbula sewage treatment plant didn’t discharge to sea for over 4 months thanks to our beneficial reuse schemes. We have 11 re-use partners across our 10 sewage treatment plant locations and are always looking for more beneficial reuse opportunities.

We are also working on our biosolids reuse scheme to close the nutrient cycle and send valuable carbon, phosphorous and nitrogen back to our production lands. A recent trial near Candelo paved the way to reuse biosolids beneficially at all of our sites.

Indigenous Advisory Body for BVSC

The council has a Memorandum of Understanding with Local Lands Councils which act as a key consultation point.

Welcoming Refugees: signs at libraries, but what about placing them at town boundaries?

RMS would not permit at Shire entrances that’s why library option was arrived at

Charging Rates for State Forests (estimated gain 19 million), who are destroying many of the natural assets of our shire

Not possible under current legislation however Council is continuing to advocate strongly for this

Plastic ban on all BVSC events and services - Levy on takeaway packaging

Council is actively looking at reducing plastic use through its events and activities.

Greater emphasis on climate change action strategy

Comments noted. We are working to change how we operate our largest carbon producers – our water pumping and sewage treatment operations. By using new technologies, working with the energy supplier, bringing in solar, and changing our operational philosophy we are significantly reducing our carbon loads.

BVSC support for Survival Day event

Survival Day organisers have been encouraged to apply for funding under the community festivals grant funding for  2019

Levy on developers to help fund social housing

This will be considered with other planning options in ongoing discussions arising from the Affordable Housing Round Table

More walkways and cycle paths and reduced speed limits to provide safety for cyclists, including a bike path along the Bega River from Tathra to Bega

The bike track from Tathra to Kalaru is under design and construction with the intention to go to Bega as funding permits.

Better training for Council staff, including road crews, on vegetation and tree preservation

The current project to develop  an updated policy for tree management on private and public lands will inform future Council actions in this area

Garden department in council who plant things other than grasses at our roundabouts -Create beauty and identity for our town please

A range of planting projects do take place which are generally project specific e.g. Kisses Lagoon.

 

Staff Review of expected end of financial year result

Throughout the 2017/18 financial year, Council has experienced a moderate underspend in its maintenance and operations budget allocations within the Assets and Operations portfolio. The majority of this budget underspend has related to transport assets. It is predicted that the underspend will be in the vicinity of $900,000 (conservatively) out of a $9.65m budget.

There have been several key contributing factors to this outcome and consequently the underspend should not in any way be construed as a lack of need for ongoing funding at existing (and in fact increased) levels to continue to maintain historical service levels across the transport network. 

The main contributing factors to the forecast underspend have been due to a reduction in employee costs as well as plant costs for a period of the year where there were extended vacancies and periods of leave. During the same period Natural Disaster Recovery works from previous flood events were at their peak which substituted for some level of Council works, service and maintenance across the transport network.

The draft exhibited budget for the 2018/19 financial year included a reduced allocation for reseals relative to the 2017/18 financial year. The budgeted figure for the 2018/19 year is below what has been forecast as required. As an offset to the maintenance underspend on the transport network for 2017/18 financial year it is proposed that an additional allocation of $500,000 be revoted to the 2018/19 reseal budget allocation.

The draft budget for the 2018/19 financial year did not have an allocation included for WHS and amenity improvements required at the Bega workshop. As was discussed at a Councillor workshop, staff have now incorporated an allocation into the budget presented to Council for consideration. The allocation that has been included is $1m with funds to be sourced from $400k through operations and maintenance under expenditure in the assets and operations area, $50k out of water reserve, $150k out of sewer reserve and $400k though buildings SRV allocations in future years (or essentially borrowing against future SRV allocations).

Several capital projects have been identified as not going to be completed in the 2017/18 financial year that had been budgeted for but that are still considered priority projects. It is proposed that these projects be incorporated into the 2018/19 budget now rather than being considered at future quarterly budget reviews. Based on the overall capital expenditure forecast within the transport portfolio the impacts of carrying forward/revoting the below projects will result in the overall capital program still falling within budget for the 2017/18 year after accounting for adjustments within programs (in other words after balancing some project overruns with underspends).

These projects are as follows:

Andy Poole Drive design - $19,000

Sapphire Coast Drive Rehabilitation - $230,000 (currently commenced)

Monaro Street Drainage $267,000 (underway)

Bermagui/Cobargo Road Intersection - $60,000

Pretty Point Bridge - $144,000

Merimbula Traffic Study -$45,000

Snake Track Bridge 1 - $50,000

Snake Track Bridge 2 - $50,000

 

In addition to the above, during the year Council received approximately $205k in additional income that was not previously budgeted as income through the bridges renewal program which has the effect of offsetting previously budgeted own source income being required to fund projects. It is proposed that as an offset to that income those funds be allocated in the 2018/19 year towards the Snake Track bridges which are now estimated to cost significantly more than originally budgeted in the 2017/18 year based on a revised scope. The revised scope includes replacing timber structures with concrete culvert structures which will reduce the whole of life costs of the assets through reduced maintenance and long term renewal costs.

 

During the year Council also resolved not to undertake works on Garfield’s Road Bridges which had been budgeted at $300K (for two bridges). It is proposed that these funds be reallocated to bridge renewals in the 2018/19 financial year.

 

It is expected that there will be additional unexpended funds from some areas following the response to the Tathra and District Fires and funding returns to Council. At the time of publishing the Business Paper the quantum of this is unknown and staff recommend that it is prudent to do a final reconciliation and report to Council at the end of financial year with any amendments to be reported to Council with the first quarterly budget review.

Councillor Discussion – Changes to Operational Plan or budget recommended

Item

Comment

Recommended change to Operational Plan / Budget

Identifying  some allocation for events and community support now Southern Phones dividend which has reduced for year 2018/19

Due to the identified benefit of supporting community events and projects through a grants program an allocation of $40K is suggested. Whilst lower than the current allocation this still allows for some local support

Reduce Community Festivals and Events allocation from $60,000 to $30,000 and reimbursement of Fees and Charges for Community groups from $12,000 to $10,000

Discontinue $14,000 South East Academy Region of Sport and $2,500 Sporting and Cultural representation as are similar funds available

Retain Mumbulla Foundation funding at $10,000, Seniors Festival funding at $5,000 and Young Women’s Scholarship at $2,000

Final costings/profit/loss on additional rangers as per Council resolution

This project should be trialled and monitored, with the expected revenue to be held in an appropriate reserve

Include project in Operational Plan

Critical WHS issues at the workshop at the Council depot in Maher St need to be undertaken as a priority

Buildings continue to need focus with an identified $800k gap in addressing ongoing renewal. A priority action to continue with the adopted divestment strategy with funds allocated to the buildings reserve to address this gap. 

Zingel Place accessibility and accommodation works to be further scoped and costed as an operational action in 2018/19for works to be undertaken in 2019/20. This is also a priority due to access requirements

Include projects in Operational Plan and allocate funding in budget for depot works through a contribution from all funds, the Buildings Reserve and identified underspend in operations and maintenance as outlined in the comment above this table.

Funding for the Bermagui charrette proposal presented by consultants $10,000

If this is to proceed it will need to be at a reduced activity in the planning area or through identification of a funding source. It is suggested that this project be referred to the first quarterly budget review where the end of current financial year position will be known.

Amend Operational Plan to state project is subject to funding

Councillor Discussion – no changes to Operational Plan recommended

Item

Comment

NRMA are working with a range of Shires to look at locating charging stations in a number of areas along the coast and linked to Canberra. Project will be actioned in 2018/19 with no direct costs

Operational Plan additional activity in the economic development area. No budget allocation required

Potential source of funding and quantum if Council resolve to fund Merimbula VIC relocation. Request $80k

This project does not have an identified funding source, some allocation maybe available through the Special Variation for Tourism Infrastructure when it is reconciled at end of current financial year and the allocation to the Eden Wharf project is paid.

Public amenities

The current review of public amenities needs to be finalised and implemented strategically across the Shire. 

Twyford Hall

Proposal to divest to Community ownership is currently being resolved and will be reported to Council later this calendar year. The Committee has achieved $7.4m funding for their redevelopment project and have indicated an interest in taking over ownership of the building. This would remove the asset from Council's current liabilities and asset register and depreciation schedule

Squash Courts

Business case to be finalised and adopted prior to construction so that the impact of maintenance and operations is adequately considered.

Climate change

Priority for the review of the current adopted strategy. This is listed as an action in the draft document

Sculpture acquisition reinstatement

Council has previously annually acquired a sculpture for instalment in village and townscapes in the Shire. Funding is currently not included

Cyclepaths/walkways

The proposal to continue to source external funding to construct cycleways and walking tracks should be considered, particularly to improve ageing critical assets

Affordable Housing

The current approach through the Affordable Housing roundtables is to continue with the potential to identify contributions through Council lands or buildings

Continuation of a strong commitment to the Council’s reseal program at $1million per annum

In the current year additional savings were directed to this program. That has not been sustained with the allocation dropping to $400k. As noted in the comment above it ist recommended that reseals be funded by an additional $500k from unexpended funds from the current year revoted to this critical area.

The limitations placed on local government by rate pegging, cost shifting as salary and State program increases (audit costs etc.) create an environment where annually Council must identify an additional $500k before the budget process commences.

That Council continue to lobby and advocate to State Government to identify alternate funding models to address this major constraint to local councils achieving financial sustainability and adequate asset management.

Council buildings need to run as close to breakeven as possible resulting in a zero cost base

The business plans for the BVCCC and the Sapphire Coast Learning Centre should focus on a target of zero base to the budget from 2020. The Tura Murang Library should be completed to activate the lower level to return an income to Council and the house on the site sold or activated to return a positive contribution to the Council.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The document when adopted will guide the Council’s operations under the Integrated Planning and Reporting framework.

 

Attachments

Nil

   

 


Council

27 June 2018

 

Staff Reports –  Finance

 

27 June 2018

 

14.1            Councillors annual fees....................................................................................... 68

14.2            Adoption of Fees and Charges 2018 - 2019........................................................ 94

14.3            Making of the Rates and Charges for 2018 - 2019............................................. 98


Council 27 June 2018

Item 14.1

 

14.1. Councillors annual fees     

 

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2018/2019 Financial Year.

 

General Manager  

 

 

Officers Recommendation

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2018 to 30 June 2019 will be $19,790

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2018 to 30 June 2019 will be $43,170

 

Executive Summary

Council requires a resolution to set the Councillor and Mayoral fees for the 2018/19 financial year.

Background

Each year the Local Government Remuneration Tribunal determines the range of fees payable to Councillors and Mayors in New South Wales. Included in the Determination is the minimum and maximum fees payable for each category of council. For the purpose of determining remuneration, Bega Valley Shire Council is classified as a Rural Regional Council.

The amount payable to each Councillor (including the Mayor) proposed for Councillor fees in the 2018/19 financial year is $19,310 with an additional amount of $43,170 payable to the Mayor.

Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Policy 5.02 on payment of expenses and provision of facilities. These reimbursements are in addition to the annual fees outlined in this report.

Councillor fees are payable monthly, in arrears, and funding to meet these payments are provided for in the 2018/2019 Budget.

For the 2018/2019 financial year, the Tribunal has set the minimum and maximum remuneration amounts for a Regional Rural classification outlined in the table below:

Table 4: Fees for General Purpose and County Councils

Financial and resource considerations

There are sufficient funds provided in the 2018/2019 draft budget to cover the Tribunal’s Determination for the maximum annual fee which would result in a total cost to Council of $221,280 for the 2018/2019 Financial Year.

Funding source

 

Amount

2018-19 Operating Budget

$

221,280.00

 

Attachments

1.          Remuneration Tribunal 2018 Annual Determination

 


Council

27 June 2018

Item 14.1 - Attachment 1

Remuneration Tribunal 2018 Annual Determination

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 27 June 2018

Item 14.2

 

14.2. Adoption of Fees and Charges 2018 - 2019     

 

The Draft Fees and Charges have been publically exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

 

Director Business and Governance  

 

 

Officers Recommendation

That Council make each fee and charge for 2018-2019 in accordance with the exhibited draft Fees and Charges subject to the changes outlined in this report.

 

Executive Summary

Council has been provided with all written submissions that were made concerning the draft Fees and Charges 2018-2019. Copies of all submissions and a detailed summary of submissions and comments are included in the supplementary late attachment to this report.

In accordance with Section 608 of the Local Government Act 1993, it is appropriate for Council to adopt the Fees and Changes for 2018-2019.

Background

At its meeting on 23 May 2018, Council resolved to place the Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 on public exhibition for 28 days covering the period 25 May to 22 June 2018 in accordance with Sections 404 and 405 of the Local Government Act 1993.

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 included the draft Fees and Charges for 2018-2019.

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. The fees and charges proposed for these services and facilities for the 2018-2019 year are detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 including the Revenue Policy 2018-2019 and Fees and Charges 2018-2019 were placed on public exhibition from Friday 25 May 2018 to Friday 22 June 2018, in accordance with the provisions of Section 405 of the Local Government Act 1993.

Public notices were placed in local newspapers the Merimbula News Weekly, Eden Magnet and Bega District News on various dates. Hardcopies of the document were available to view at Council’s Bega office as well as the Bega, Bermagui, Eden and Tura Beach libraries. All documents were available on Council’s website during the exhibition period. There were also a number of social media posts on Council’s Facebook page and information in the Council News produced during the exhibition period.

Public submissions

The following table contains a brief summary of the issues raised in the two public submissions to the draft Fees and Charges received up until 5pm Monday 18 June. A supplementary late attachment to this report will detail all of the public submission received by Council as well as any additional recommended changes to the document resulting from these submissions.

Issue

Comment (see supplementary late attachment for more details)

Support waiving of sports ground fees for sporting groups

Noted. See Councillor discussion below

Questioning difference between cost to hire Bemboka and Tathra Halls

The differing pricing scale is due to the halls differing facilities and size, Bemboka is on the higher end of this due to its size and its capacity.

 

Councillor Discussion - Sportsground fees and charges and income

Ø Councillor Discussion: There needs to be some level of consistency and contribution. It has been proposed that an amount to cover 25% of costs be included

Staff comment

As Council is aware, the draft fees and charges as exhibited proposed that local sports clubs not be charged for use of sporting facilities. The draft fees and charges were based on feedback provided from the local sports clubs. In developing the draft budget, no alternate revenue source had been identified or alternatively there was no reduction in service levels (expenditure) identified to offset the reduced income.

In considering how to handle Sportsground User fees there is considered to be three primary options as follows:

1.    Adopt the exhibited fees and charges noting it is likely to lead to a reduction in budgeted income of approximately $45k

2.    Adopt the fees and charges model that was previously in place

3.    Adopt the fees and charges as exhibited for Local Community Organisations, Commercial and Business Use and Special Event/Multi Day events but defer adoption of a model for Local Sports Clubs pending further consultation with the intention of raising the same level of revenue

There are obviously various iterations of the above primary options, however the principals of each are generally the same.

Recommendation

It is recommended that option 3 presented above be adopted by Council as it would allow further engagement with those most impacted by a change to what was either previously in place or what was publicly exhibited as a proposed change. At the same time it would allow the opportunity to better review the most appropriate model for cost sharing of operational/maintenance costs relating to facilities which have anecdotally been linked to power consumption (or in simple terms the highest operating costs at facilities relate to electricity usage).

Councillor Discussion - Streamline public land use fees

Ø Reduction in application fees: initial fee $99 per application (down from $196), annual renewal fee $no charge (down from $130), change of occupier $100 (down from $107)

Ø Reduction in calculated annual rental charges outdoor eating:  Bega, Merimbula, Eden, Bermagui, Tathra, Pambula, Cobargo - flat fee $45 per square metre (no fringe/core or division between larger towns), other villages $25 per square metre

Ø Reduction in shopfront footpath displays, fixed premise signage: Bega, Merimbula, Eden, Bermagui, Tathra, Pambula, Cobargo - flat fee $100 per square metre (no core/fringe maps or division between larger towns), other villages $70

Staff comment

Council has a duty to identify what commercial activities may be carried out on public land and to regulate and manage those activities. The application fees for use of public land as are based on recovery of inspection and administration costs. The income is used to offset the costs incurred to Council and is in keeping with Council’s strategy to operate in a financially sustainable manner.

The rent for use of public land for outdoor eating and are based on fair market rent for a commercial activity which utilises a Council asset. It is our intention to have the fair market rental values independently reviewed in the 2018-2019 financial year and use the information from the review to inform the draft fees and charges for the upcoming 2019-2020 financial year.

There is currently a disparity between the rental charge for commercial use of land for outdoor eating and charges for shopfront footpath displays and fixed premise signage. Creating parity between these charges would create equity and may increase compliance with limited impact on budgeted income.

Recommendation

No change to application fees and rent for use of public land for the 2018-2019 financial year.

Reduce rental charges for shopfront footpath displays and fixed premise signage to match exhibited charge for outdoor eating to create equity with limited impact on budgeted income in accordance with the table below.

Annual Rental Charges for shopfront footpath displays and fixed premise signage

Area

Exhibited charge per sqm.

Proposed charge per sqm.

Bega and Merimbula

core $315 / Fringe $203

core $113 / Fringe $72

Pambula, Cobargo, Bermagui and Eden

core $160 / fringe $113

core $62 / fringe $47

Tathra

$213

$83

Other Villages

$72

$29

 

In addition to the issues raised above, during the exhibition period a number of minor calculation errors and clarifications were detected in the exhibited Fees and Charges which have not resulted in any substantial changes to the exhibited document.

Legal /Policy

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

 

Attachments

Nil

 


Council 27 June 2018

Item 14.3

 

14.3. Making of the Rates and Charges for 2018 - 2019     

 

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 including the annual rates and charges for the 2018-2019 financial year have been publically exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

 

Director Business and Governance  

 

 

Officers Recommendation

That the Revenue Policy be adopted in the Draft Operational Plan 2018/19.

That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993,  

1.    General Rates:

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.003957 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.003957 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.007631 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.007631 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

2.    Stormwater Charge:

·    to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

3.    Waste and Recycling Collection Charge:

·    in accordance with Section 496 and 501 of the Local Government Act 1993, it is recommended that Council makes waste management charges for 2018-2019:

 

 

 

Domestic Waste

Charge

Waste management charge residential and multi-unit dwellings* (s.501)

$252.06

Waste management charge rural* (s.501)

$118.45

Standard residential services (s.496)

 

Fortnightly landfill bin 140l residential

$86.19

Fortnightly recycling bin 240l residential

$47.14

Weekly compost bin 240l residential

$88.27

Subtotal: standard residential waste management charges (s.501+s.496)

$473.65

Residential service options (s.496)

 

Fortnightly landfill bin 80l residential

$62.63

Fortnightly landfill bin 240l residential

$113.67

Fortnightly recycling bin 360l residential

$64.72

Weekly landfill bin 80l residential**

$110.31

Weekly landfill bin 140l residential**

$157.43

Weekly landfill bin 240l residential**

$212.39

Standard rural services (s.496)

 

Weekly landfill bin 140l rural

$205.52

Fortnightly recycling bin 240l rural

$92.18

Subtotal: standard rural waste management charges (s.501+s.496)

$416.15

Rural service options (s.496)

 

Weekly landfill bin 80l rural

$158.41

Weekly landfill bin 240l rural

$260.49

Fortnightly recycling bin 360l rural

$109.77

Weekly compost bin 240l rural***

$105.51

Standard multi-unit dwelling services

 

Fortnightly landfill bin 140l multi-unit dwelling

$86.19

Fortnightly recycling bin 240l multi-unit dwelling

$47.14

Weekly compost bin 240l multi-unit dwelling

$88.27

Subtotal: standard multi-unit dwelling waste management charges (s.501+s.496)

$473.65

Multi-unit dwelling service options

 

Fortnightly recycling bin 360l multi-unit dwelling

$58.74

660l garbage and recycling services

POA

 

 

Waste service availability charge****

$84.50

Roll of compostable bags

$5

Kitchen caddy additional/replacement

$5

*Mandatory charge per rateable premises excluding vacant land.

** Weekly landfill bin collection services are only available subject to assessment of medical need.

*** Rural compost service is optional and only supplied where available.

****Charge applied to vacant land where waste collection service is available.

Commercial Waste

Charge

Commercial Waste Management Charge

$270.33

Standard Commercial Services (s.501)

 

Weekly landfill bin 240l commercial

$212.39

Weekly recycling bin 240l commercial

$94.28

Subtotal: Standard Commercial Waste Management Charges (s.501)

$577

Commercial Service Options (s.501)

 

Weekly landfill bin 660l commercial

POA

Weekly recycling bin 360l commercial

$117.48

Weekly recycling bin 660l commercial

POA

Weekly 240l compost bin commercial

$88.27

 

 

Roll of compostable bags

$5

Kitchen caddy additional/replacement

$5

*Mandatory charge per rateable premises excluding vacant land.

4.    Water supply services:

·    Make an Annual Charge for Water Usage and Water Availability, in accordance with Section 501 and Section 502, comprising a Water Usage Charge of $2.96 per kilolitre for all water supplied by Council within or outside of its area based on water meter size:

Particulars

Volume factor

Access charge

Charge per Kl

20mm Water Connection

1

$222.50

$2.96

25mm Water Connection

1.56

$347.10

$2.96

32mm Water Connection

2.56

$569.60

$2.96

40mm Water Connection

4

$890.00

$2.96

50mm Water Connection

6.25

$1,390.63

$2.96

65mm Water Connection

10.56

$2,349.60

$2.96

80mm Water Connection

16

$3,560.00

$2.96

100mm Water Connection

25

$5,562.50

$2.96

150mm Water Connection

56.25

$12,515.63

$2.96

200mm Water Connection

100

$22,250.00

$2.96

Strata Title Units (per unit)

1

$222.50

$2.96

Unconnected properties which are able to connect (i.e. vacant land)

1

$222.50

$2.96

 

·    To make an Access Charge of $222.50 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council.

·    That subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.96 per kilolitre.

5.    Sewerage local fund:

Pursuant to Section 501 of the LG Act Council hereby resolves:

·    to make a flat sewerage service charge of $1,173.00 for all residential and farmland properties except as outlined below, connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act;

·    to make a flat sewerage service charge of $1,173.00 for each residential strata lot connected to the Council's sewerage service network and categorised as residential in accordance with Section 516 of the LG Act and;

·    to make a flat sewerage service charge of $1,173.00 for each residential dwelling on a multi-dwelling lot connected to the Council's sewerage service network categorised as residential in accordance with Section 516 of the LG Act and;

·    to make a flat sewerage service charge $586.70 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

·    to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $4.45 per kilolitre and;

·    to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the combination of a flat charge of $1,173.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below and;

·    to make a flat sewerage service charge $586.70 for all properties categorised as business or mining in accordance with Sections 517 and 518 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

·    Council notes that the discharge bands have been determined by the NSW Office of Water in its Best Practice Guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

Discharger

BVSC proposed

B and B

75

Bakery

95

Boarding House or Hostel

90

Butcher

95

Café/Bistro/Cakes/Patisserie

95

Car Detailing

95

Car Wash - hand wash only

75

Car Wash (robo, clean and go, gerni type)

95

Caravan Park

75

Charcoal Chicken

95

Chicken/Poultry Shop

95

Churches

95

Club (e.g. bowling, golf, racing)

50

Club (e.g. RSL, Surf Club)

95

Commercial Swimming Pool

85

Community Properties (halls)

95

Community Properties (reserves, sporting facilities, etc.)

51

Concrete Batching Plant

10

Craft/Stonemason

95

Day Care Centre’s / Pre-schools

95

Delicatessen, mixed business

95

Dental Surgery

95

Depot ( bus, courier, truck, taxi, fuel)

95

Factory/Industry/Warehouse

95

Food Processing

90

Fresh Fish Shop

95

Funeral parlour

95

General Retail / Services

95

Government Department

95

Hairdresser / Beauty Salon

95

Hospital

95

Hotel

100

Joinery

95

Laundry

95

Marina

90

Mechanical Workshop

95

Mechanical Workshop w/ Car Yard

85

Medical Practice (incl. physio, herbal medicine, etc.)

95

Motel

90

Multi-premise Commercial (strata plan, dual occupancy)

95

Nursery

70

Nursing Home

90

Office Building

95

Optical Service

95

Panel Beating/Spray Painting

95

Printer

95

Radiator Repairer

90

Restaurant (including cafes, canteens, bistros)

95

Schools (Primary)

95

Schools (Secondary)

95

Schools (TAFE, University, etc.)

95

Seafood Processing

90

Self-Storage

90

Service Station

90

Shopping Centre

85

Supermarket

95

Take Away Food

95

Veterinary Practice, Kennels or Animal wash

80

Wreckers

90

 

Volume Factor – Sewer

VOLUME FACTORS

Meter size

Factor

Availability charge per year

20mm

1.00

$1,173.00

25mm

1.56

$1,829.88

32mm

2.56

$3,002.88

40mm

4.00

$4,692.00

50mm

6.25

$7,331.25

65mm

10.56

$12,386.88

80mm

16.00

$18,768.00

100mm

25.00

$29,325.00

150mm

56.25

$65,981.25

200mm

100.00

$117,300.00

 

Liquid Trade Waste

Pursuant to Section 501 of the LG Act Council hereby resolves:

·    to make a Liquid Trade Waste usage charge of one dollar ($1.30) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

Band

LTW Discharge factor

1

0%

2

0%

3

10%

4

20%

5

30%

6

50%

7

60%

8

80%

9

90%

2S

N/A

 

6.    High Consumption Charge:

Pursuant to Section 64 of the LG Act Council hereby resolves:

·    to make a high consumption charge (non-residential) that applies to eligible non-residential properties.

Eligible non-residential properties have an option of maintaining their existing Equivalent Tenement (ET) entitlement and paying the High Consumption Charges in lieu of paying Section 64 Developer Contributions. The non-residential High Consumption Charge is calculated annually by amortizing the Section 64 Developer Charges for water and sewer (presently $8,615 and $12,061per ET respectively) over 30 years with a discount rate equal to the 30 year Treasury bond rate (currently 3% variable) and then divided by 205kL/y for water and 190kL/y for sewer. The figure of 205kL/y is the average annual water consumption per household (1 ET), and the 190kL/y is the average annual contribution to the sewerage system per household (1 ET).

High Consumption Charges non-residential

2018/2019 ($/kL)

High Consumption (water) Charge

$2.10

High Consumption (sewer) Charge

$3.18

 

7.    Pension Claim:

In accordance with Section 575 of the LG Act, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

8.    Interest on Overdue Rates and Charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2018 to 30 June 2019 be calculated at 7.5% per annum being the maximum interest rate allowable under the provisions of the LG Act.

 

Executive Summary

Council has been provided with all written submissions that were made concerning the Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 including the Revenue Policy 2018-2019, Annual Budget 2018-2019 and Fees and Charges 2018-2019. Copies of all submissions and a detailed summary of submissions and comments are included in the supplementary late attachment to this report.

In accordance with Sections 534 and 535 of the Local Government Act 1993, it is appropriate for Council to make the Rates and Charges for the 2018-2019 financial year.

Background

At its meeting on 23 May 2018, Council resolved to place the Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 on public exhibition for 28 days covering the period 25 May to 22 June 2018 in accordance with Sections 404 and 405 of the Local Government Act 1993.

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 included Council’s annual Statement of Revenue Policy for 2018-2019 which includes details of proposed rates and charges for that financial year.

Revenue Policy 2018 - 2019

In conjunction with the adoption of the Operational Plan for the 2018-2019 financial year, Council is required to ‘make’ the Rates and Charges proposed in the Statement of Revenue Policy.  The Statement of Revenue Policy contains estimates of income and expenditure, rates, and proposed fees and charges, pricing methodology and borrowings for the 2018-2019 financial year.

During the exhibition period a number of minor wording and numerical errors were detected in the exhibited Revenue Policy. These have been corrected. 

Rates

The annual Ordinary Rates are per the Local Government Cost Index of 2.3%.

·    In accordance with Sections 493, 494 and 537 of the Local Government Act 1993, it is recommended Council makes the following ordinary rates for 2018-2019:

Category

Ad- valorem Amount ¢ in dollar

Base Rate $

Base Rate %

Number of Assessments

Rate Yield $

Rate Yield %

Residential

0.003957

$491.14

45.00%

17,976

$19,620,926

82.92%

Farmland

0.003957

$491.14

23.29%

795

$1,676,230

7.08%

Business

0.007631

$491.14

17.72%

854

$2,366,351

10.00%

Mining

0.007631

$491.14

0.00%

0

$0

0.00%

Total

 

 

 

 

$23,663,507

100.00%

Interest Charges on Overdue Rates and Charges

The NSW Office of Local Government issued a Circular to Councils No 18-08 on 20 March 2018. The Circular determined, in accordance with section 566 of the Local Government Act 1993, the maximum rate of interest payable on overdue rates and charges for the 2018-2019 rating year will be 7.5%.

·    In accordance with the determination, it is recommended Council adopts the maximum interest allowed as 7.5%.

Waste Charges

In accordance with Section 496 and 501 of the Local Government Act 1993, it is recommended Council makes the following waste management charges for 2018-2019:

Domestic Waste

Charge

Waste management charge residential and multi-unit dwellings* (s.501)

$252.06

Waste management charge rural* (s.501)

$118.45

Standard residential services (s.496)

 

Fortnightly landfill bin 140l residential

$86.19

Fortnightly recycling bin 240l residential

$47.14

Weekly compost bin 240l residential

$88.27

Subtotal: standard residential waste management charges (s.501+s.496)

$473.65

Residential service options (s.496)

 

Fortnightly landfill bin 80l residential

$62.63

Fortnightly landfill bin 240l residential

$113.67

Fortnightly recycling bin 360l residential

$64.72

Weekly landfill bin 80l residential**

$110.31

Weekly landfill bin 140l residential**

$157.43

Weekly landfill bin 240l residential**

$212.39

Standard rural services (s.496)

 

Weekly landfill bin 140l rural

$205.52

Fortnightly recycling bin 240l rural

$92.18

Subtotal: standard rural waste management charges (s.501+s.496)

$416.15

Rural service options (s.496)

 

Weekly landfill bin 80l rural

$158.41

Weekly landfill bin 240l rural

$260.49

Fortnightly recycling bin 360l rural

$109.77

Weekly compost bin 240l rural***

$105.51

Standard multi-unit dwelling services

 

Fortnightly landfill bin 140l multi-unit dwelling

$86.19

Fortnightly recycling bin 240l multi-unit dwelling

$47.14

Weekly compost bin 240l multi-unit dwelling

$88.27

Subtotal: standard multi-unit dwelling waste management charges (s.501+s.496)

$473.65

Multi-unit dwelling service options

 

Fortnightly recycling bin 360l multi-unit dwelling

$58.74

660l garbage and recycling services

POA

 

 

Waste service availability charge****

$84.50

Roll of compostable bags

$5

Kitchen caddy additional/replacement

$5

*Mandatory charge per rateable premises excluding vacant land.

** Weekly landfill bin collection services are only available subject to assessment of medical need.

*** Rural compost service is optional and only supplied where available.

****Charge applied to vacant land where waste collection service is available.

 

Commercial Waste

Charge

Commercial Waste Management Charge

$270.33

Standard Commercial Services (s.501)

 

Weekly landfill bin 240l commercial

$212.39

Weekly recycling bin 240l commercial

$94.28

Subtotal: Standard Commercial Waste Management Charges (s.501)

$577

Commercial Service Options (s.501)

 

Weekly landfill bin 660l commercial

POA

Weekly recycling bin 360l commercial

$117.48

Weekly recycling bin 660l commercial

POA

Weekly 240l compost bin commercial

$88.27

 

 

Roll of compostable bags

$5

Kitchen caddy additional/replacement

$5

*Mandatory charge per rateable premises excluding vacant land.

Stormwater Charges

In accordance with Section 496A of the Local Government Act 1993, it is recommended Council makes the following stormwater management charges for 2018-2019:

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

Land Use

Charge

Residential

$25

Residential Strata

$12.50

Commercial (up to 1,200 square metres)

$25

Commercial (in excess of 1,200 but not exceeding 3,000 square metres)

$100

Commercial (in excess of 3,000 square metres)

$200

Commercial Strata

$5

Water Charges

·    In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following water charges for 2018-2019:

Water Consumption charge at $2.96 per kilolitre for all water supplied by Council within or outside of its area

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

Particulars

Volume factor

Access charge

Charge per Kl

20mm Water Connection

1

$222.50

$2.96

25mm Water Connection

1.56

$347.10

$2.96

32mm Water Connection

2.56

$569.60

$2.96

40mm Water Connection

4

$890.00

$2.96

50mm Water Connection

6.25

$1,390.63

$2.96

65mm Water Connection

10.56

$2,349.60

$2.96

80mm Water Connection

16

$3,560.00

$2.96

100mm Water Connection

25

$5,562.50

$2.96

150mm Water Connection

56.25

$12,515.63

$2.96

200mm Water Connection

100

$22,250.00

$2.96

Strata Title Units (per unit)

1

$222.50

$2.96

Unconnected properties which are able to connect (i.e. vacant land)

1

$222.50

$2.96

 

·    Subject to annual certification by a medical practitioner, Council will provide a four monthly allowance of 70 kilolitres per patient in the case of registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this, all water usage is to be charged at the rate $2.96 per kilolitre.

Onsite Sewer Management Charges

·    In accordance with Sections 501 and 608 of the Local Government Act 1993, it is recommended Council makes the following onsite sewerage management charges for 2018-2019

Land Use

Charge

Low Risk (10Yrs Cycle)

$36

High Risk (3Yr Cycle)

$63

Critical Risk (1Yr Cycle)

$141

 

Sewerage Charges

Residential charges

·    In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following sewerage charges for 2018-2019:

Residential Sewerage (name of charge)

Charge

Residential Sewerage

$1,173.00

Residential Strata Sewerage

$1,173.00

Residential Unconnected Sewerage

$586.70

Non Strata Sewerage Residential

$1,173.00

Non Strata Sewerage Additional

$1,173.00

Residential Sewerage Pump Up

$1,173.00

 

Non-residential charges

·    In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following sewerage charges for 2018-2019:

Sewerage usage charge at $4.45 per kilolitre for total water usage multiplied by the applicable sewerage discharge factor as detailed in the Draft Revenue Policy 2018-2019.

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

Non-Residential Sewerage Meter Size (name of charge)

Charge

20mm Sewer Connection Access Commercial less % Discharge Factor

$1,173.00

25mm Sewer Connection Access Commercial less % Discharge Factor

$1,829.88

32mm Sewer Connection Access Commercial less % Discharge Factor

$3,002.88

40mm Sewer Connection Access Commercial less % Discharge Factor

$4,692.00

50mm Sewer Connection Access Commercial less % Discharge Factor

$7,331.25

65mm Sewer Connection Access Commercial less % Discharge Factor

$12,386.88

80mm Sewer Connection Access Commercial less % Discharge Factor

$18,768.00

100mm Sewer Connection Access Commercial less % Discharge Factor

$29,325.00

150mm Sewer Connection Access Commercial less % Discharge Factor

$65,981.25

200mm Sewer Connection Access Commercial less % Discharge Factor

$117,300.00

Unconnected Sewerage Access Commercial

$586.70

Strata Title Units (per unit) Access Commercial

$1,173.00

 

Liquid Trade Waste Charges

·    In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following liquid trade waste charges for 2018-2019:

·    Liquid trade waste usage charge at $1.30 per kilolitre of water consumption multiplied by the applicable liquid trade waste discharge factor as detailed in the Draft Revenue Policy 2018-2019.

Issues

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 including the Revenue Policy 2018-2019 and Fees and Charges 2018-2019 were placed on public exhibition from Friday 25 May 2018 to Friday 22 June 2018, in accordance with the provisions of Section 405 of the Local Government Act 1993.

Public notices were placed in local newspapers the Merimbula News Weekly, Eden Magnet and Bega District News on various dates. Hardcopies of the document were available to view at Council’s Bega office as well as the Bega, Bermagui, Eden and Tura Beach libraries. All documents were available on Council’s website during the exhibition period. There were also a number of social media posts on Council’s Facebook page and information in the Council News produced during the exhibition period.

Legal /Policy

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

 

Attachments

Nil

   


Council

27 June 2018

 

 

Notices of Motion

 

27 June 2018

 

18.1            Plastics............................................................................................................... 112

18.2            Building suitable for youth refuge.................................................................... 113


Council 27 June 2018

Item 18.1

 

18.1. Cr Cathy Griff - Plastics        

 

 

Notice of Motion

That Council phase out the use of all plastics at Council venues and events this year and ceases their use from 2019. 

 

Background

Our Shire, along with the rest of the world and oceans, is suffering from massive plastic waste. Our waste management staff recognise the looming crisis in dealing with plastic, exacerbated by China no longer accepting imported foreign waste.

Local news recently featured a video of a tiger shark caught near Bermagui, starved with a stomach filled with plastic. This is a common scenario for our fish and birds.

The timing is opportune since supermarkets Coles and Woolworths, have finally agreed to ban single use plastic bags from July. As community leaders able to demonstrate the need for changing behaviour in dealing with plastic, it is appropriate Council champions the path to reducing waste.

Cr Cathy Griff

 

Attachments

Nil

 


Council 27 June 2018

Item 18.2

 

18.2. Cr Cathy Griff - Building suitable for youth refuge        

 

 

Notice of Motion

That Council staff bring to the next Affordable Housing Roundtable a suggested Council building with the potential to be converted to a youth refuge.

 

Background

On 15 May 2018, Council hosted an Affordable Housing Roundtable to discuss and develop actions related to this vital topic. To progress issues arising, a further Roundtable is scheduled for 13 August 2018. Among the many diverse areas that come under the affordable housing umbrella, a youth refuge was identified as a key need in our Shire.

Kylie Furnell, representing SEWACS, has around 20 young people on her books in need of emergency housing, who are usually ‘supported’ in ‘couch surfing’ or motels. She feels confident of finding suitable partners and funding to equip and operate a youth refuge, if Council identified a suitable building.  Ideally the proposition would provide five self-contained motel-like units to accommodate young people aged between 17 to 24 years.

Councillors Tapscott and Griff met with Kylie Furnell to discuss the need and options for a youth refuge. The idea was raised of investigating the nursing quarters at the old Bega hospital. SEWACS may not be the only agency suitable to run a youth refuge.

Cr Cathy Griff

 

Attachments

Nil

   


Council

27 June 2018

 

 

Questions On Notice

 

27 June 2018

 

19.1            Cr Nadin question regarding road works at Merimbula bridge....................... 115


Council 27 June 2018

Item 19.1

 

19.1. Cr Nadin question regarding road works at Merimbula bridge.     

 

Response to Question on Notice from Cr Nadin regarding road works at Merimbula Bridge.

 

Director Assets and Operations  

 

Heading

1.                   The Director, Assets and Operations has further advised:

·    Traffic will continue to be down to a single lane for 3-4 weeks which is a short term impact for a longer term improvement.

·    The works occurring are a combination of Council road works as well as development related works. The development related works are restricted to being done between certain day time hours as a condition of development consent which further limits the ability for this work to be undertaken at night.

·    On 13 June 2018 there were additional disruptions with both lanes required to be shut for a relatively short period whilst unexpected rock was removed to allow for waterline laying to service the development.

·    Prior to these works occurring a Variable Message Sign (VMS) was erected on Sapphire Coat Drive and several media releases informing public of delays.

·    The remainder of the intersection works will be completed with one lane in operation but under a stop/go arrangement put fully open after hours and on weekends. A completion in early July weather permitting is scheduled for the entire works on the road

·    All traffic management plans have been approved and inspected by Works and Projects they are all conforming but it does slow down traffic from Tura Beach into town and this is unavoidable.

·    The Current DA does not allow night works and the hours of works are set

·    Overall the access road has had minimal delays for the public over the duration of the works and sometime there are delays and contractors will and try to mitigate them as far as practicable and economically possible.

 

 

Attachments

Nil