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, 29 August 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, Ms Cassandra Margules

Minute Secretary, Ms Kelly McDowall

 

 

 


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

29 August 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 held on 8 August 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

 

9.1                Planning Proposal for Lots 33 and 34 DP 243029 Corner of Tura Beach Drive and Sapphire Coast Drive, Tura Beach............................................................................................................................................... 9

9.2                Use of land for dwelling purposes - Lot 21 DP 802819 - 5 Gordon Street Quaama ........ 122

10     Staff Reports – Community, Culture and Leisure

 

10.1              Externally Funded Programs Review........................................................................................ 122

10.2              Library Funding............................................................................................................................. 122

11   Staff Reports –Economic Development and Business Growth

 

11.1              Easy to do Business - Service NSW............................................................................................ 122

12     Staff Reports – Infrastructure Waste and Water

 

12.1              RFT43/18 Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan 122

12.2              Tender RFT 34/18 Bega Valley Shire Council Workshop Refurbishment .......................... 122

12.3              Compulsory acquisition of land at Bega for water purposes................................................ 122

12.4              Road Closure - Section of Council public road at Wallaga Lake........................................... 122

12.5              Road Closure - Section of Public Road at North Bega............................................................ 122

12.6              Bega Valley Local Traffic Committee......................................................................................... 122

12.7              Growing Local Economies grant application for Merimbula Town Centre Revitalisation project    122

13   Staff Reports – Governance and Strategy

 

13.1              Awards and Scholarship Committee......................................................................................... 122

13.2              Change to Council Meeting Schedule....................................................................................... 122

14     Staff Reports – Finance

 

Nil Reports

15     Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

 

16     Councillor Reports

16.1              Report from Country Mayors Association Meeting................................................................ 122

 

17     Rescission/alteration Motions

 

18     Notices of Motion

 

19     Questions On Notice

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 122

              

21.1              Request for leniency on water charges account

This report is confidential in accordance with section 10A (2) (b) of the Local Government act 1993 as the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

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

29 August 2018

 

 

Staff Reports –Planning And Environment

 

29 August 2018

  

9.1              Planning Proposal for Lots 33 and 34 DP 243029 Corner of Tura Beach Drive and Sapphire Coast Drive, Tura Beach.................................................................................................. 9

9.2              Use of land for dwelling purposes - Lot 21 DP 802819 - 5 Gordon Street Quaama       122


Council 29 August 2018

Item 9.1

 

9.1Planning Proposal for Lots 33 and 34 DP 243029 Corner of Tura Beach Drive and Sapphire Coast Drive, Tura Beach      

 

The purpose of this report is to seek endorsement to lodge a Planning Proposal with the Department of Planning for Gateway Determination.  

 

Director Community, Environment and Planning   

 

 

Officers Recommendation

1.    That Council resolve to support the Planning Proposal to rezone Lots 33 and 34 DP 243029, Corner Tura Beach Drive and Sapphire Coast Drive, Tura Beach to a B5 Business Development Zone.

2.    That Council officers be authorised to forward the Planning Proposal to the Department of Planning for Gateway Determination.

3.    That following Gateway Determination, the Planning Proposal be placed on public exhibition.

4.    That should no submissions be received during the exhibition period, officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

 

Executive Summary

Bega Valley Shire Council (Council) has received a Planning Proposal from DFP Planning Consultants on behalf of Bunnings Pty Ltd to rezone Lots 33 and 34 DP 243029 to B5 Business Development Zone to permit bulky goods type development. Currently the subject land is a deferred matter under Bega Valley Local Environmental Plan 2013 (VLEP2013) and zoned 1(c) Rural Small Holdings Zone under Bega Valley Local Environmental Plan 2002 (BVLEP 2002) with bulky goods type development prohibited in the zone.

Background

As part of the Draft Bega Valley Local Environmental Plan 2010 process, Council proposed to zone the site R2 Low Density Residential. A submission was received during exhibition requesting the consideration of R3 Medium Density Residential Zone, which was supported by Council. A further submission was subsequently received requesting a B5 Business Development Zone and Council resolved at the 12 February 2014 meeting to support this request.

A Gateway Determination was issued by the Department of Planning that determined the Planning Proposal should not proceed as it did not adequately consider the Local and Regional Planning Strategies, nor were the potential impacts of a B5 zoning in this location assessed or justified.

A Planning Proposal was subsequently lodged in February 2016 requesting a rezoning to a B5 Business Development Zone that was accompanied by an Economic Impact Assessment. The Planning Proposal was supported by Council and forwarded to the Department of Planning for Gateway Determination. The Department of Planning determined that the Planning Proposal should not proceed as inadequate consideration was given to the Local and Regional Planning Strategies.

The applicant for the Planning Proposal sought a review of the Gateway Determination by the Southern Joint Regional Planning Panel (SJRPP). The Panel considered the matter on 2 February 2017 and recommended the following;

·    Zoning the site to R5 Large Lot Residential.

·    Permitting the use of hardware and building supplies with the approval as an additional Schedule 1 use over a portion of the site only (to ensure mandated setback and transition to use adjoining aged care facility).

·    Imposing controls such as floor space ratio (FSR) and Height is included in the LEP in relation to this site to mitigate impacts and provide a limit to development.

·    Include controls in the Development Control Plan (DCP) to address, landscape, siting, setbacks of structure, finished levels, acoustic requirements, light and light spill and hours of operation.

The Panel recommended Council finalise its strategic work in respect to the location of employment lands and commercial hierarchy to determine the appropriate strategic framework for the site and the function of the Tura Beach Centre. With appropriate limits on use and appropriate measures to mitigate potential impact on neighbouring land uses, a Bunnings Store could be accommodated on this site without significant detrimental impacts on the hierarchy of centres.

Consultation was undertaken with the Department of Planning to clarify the strategic work required and a Commercial Centres Strategy Review was prepared for the Merimbula, Pambula and Tura Beach catchments, which was adopted by Council on 21 February 2018. This strategic work identified the suitability of Lots 33 and 34 DP 243029 for a B5 zoning subject to specific design considerations.

Design Considerations

Specific design requirements have been included within the Commercial Centres Strategy Review to address the design related recommendations of the SJRPP. These design considerations were endorsed by the Department of Planning on 15 May 2018.  The design considerations provide detailed design criteria to guide future development including the built elements, colours and materials, landscaping and amenity within the context of this gateway site.

The Planning Proposal has been amended to address the Commercial Centres Strategy Review. Revised concept plans were requested to demonstrate that any future development of the site is consistent with the gateway location. Revised plans were submitted on 3 August 2018 that demonstrate a commitment from the applicant to fulfil these requirements to achieve a better design outcome. More detailed information concerning traffic flow and the integration of natural materials, landscape treatments, fencing and the screening of plant and machinery will be required as part of any future Development Application.

Community Engagement

Gateway Determination approval will advise Council of the community and agency consultation required to be carried out.

Conclusion

The purpose of this report is to seek Council endorsement to present the Planning Proposal to the Department of Planning to rezone the subject land to B5 Business Development zone. Additional strategic work has been completed to satisfy the requirements of the Department of Planning and a Commercial Centres Strategy Review has been prepared and adopted that recommends a B5 Business Development Zone.

 

Attachments

1.          Description of the Site

2.          Photos of the Site

3.          Existing Zoning

4.          Proposed Zoning

5.          Planning Proposal

 


Council

29 August 2018

Item 9.1 - Attachment 1

Description of the Site

 


Council

29 August 2018

Item 9.1 - Attachment 2

Photos of the Site

 


Council

29 August 2018

Item 9.1 - Attachment 3

Existing Zoning

 


Council

29 August 2018

Item 9.1 - Attachment 4

Proposed Zoning

 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


 


 


 


 


 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


 


 


 


 


 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


Council

29 August 2018

Item 9.1 - Attachment 5

Planning Proposal

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 29 August 2018

Item 9.2

 

9.2. 2018.185 Use of land for dwelling purposes - Lot 21 DP 802819 - 5 Gordon Street Quaama         

 

Director Community, Environment and Planning Anthony Basford  

 

Applicant

A Bowman and M Williams

Owner

C Clark

Site

Lot 21 DP 802819 – 5 Gordon Street, Quaama

Zone

RU5 Village

Site area

989.2m²

Proposed development

Use of land for dwelling purposes

Precis

The application is being reported to Council as it seeks a variation to a development standard under Clause 4.6 of Bega Valley Local Environmental Plan 2013.

The variation requested is a reduction to the 2,000m² minimum lot size required for the erection of a dwelling in an unsewered residential area.

It is recommended Council support the variation to the development standard and approve the Development Application (DA).

 

Officers Recommendation

1.         That Council assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 approve the variation to Clause 4.1A to allow the erection of a dwelling on Lot 21 DP 802819 Gordon Street Quaama.

2.         That Council approve the Development Application subject to the attached draft Conditions of Consent (See attachment 1).

 

 

Executive Summary

Background

The lot was originally created under Development Consent 1989.1441 being a residential subdivision that created 2 unsewered allotments of approximately 989m² and 1,035m² respectively. The Development Consent was approved under the provisions of Bega Valley Local Environmental Plan 1987 which permitted the creation of unsewered residential allotments with a minimum area 550m².

The Development Consent provided for a dwelling entitlement on both lots and required the payment of water headworks charges and S94 contributions.

With the Gazettal of Bega Valley LEP 2013 (BVLEP 2013), the requirements for the erection of a dwelling on an unsewered residential allotment changed to a minimum site area equal to or greater than 2,000m².

The DA lodged seeks a variation to the 2,000m2 development standard to allow the erection of a dwelling on the land.

Description of the proposal

The DA seeks approval to the Use of Land for dwelling purposes.

As part of the DA the applicant has requested a variation to Clause 4.1A of BVLEP 2013 which requires a minimum lot size of 2,000m2 for the erection of a dwelling on a usewered allotment in a RU5 Village zone .The subject allotment is 989.2m² in area and is 51% below the minimum lot size specified in the clause.

The DA includes a detailed Statement of Environmental Effects and justification for the variation to the development standard including the suitability of the site for a dwelling and capacity for on-site effluent disposal.

Description of the site

The site is described as Lot 21 DP 802819 and has an area of 989.2m². The site is located within the centre of Quaama Village, approximately 30 metres south of the Quaama Hall and 70 metres south of the Quaama Public School (See attachment 2 – Site/Locality Plan)

The site is rectangular in shape, free of vegetation and is utilised for minor grazing purposes. The site sits between two similar sized allotments both retaining single storey dwellings.

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 highlight the key issues of the proposal in this report for Council’s consideration.

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

Zoning

The land is zoned RU5 Village under Bega Valley LEP 2013 with a dwelling permitted with Development Consent.

The objectives of the zone are;

·     To provide for a range of land uses , services and facilities that are associated with a rural village

·     To ensure that development maintains and protects the village character

The erection of a dwelling on Lot 21 would be consistent with the residential land uses on adjoining lands and the village character of Quaama.

Clause 4.1A ‘Minimum site areas for dwelling houses, dual occupancies, multi dwelling houses and residential flat buildings in certain zones’

The clause applies to the RU5 Village zone and requires a minimum site area of 2000m2 for the erection of a dwelling on unsewered land.

Lot 21 is zoned RU5 Village and the clause applies.

Clause 4.6 ‘Exemptions to development standards’

The minimum site area requirement under Clause 4.1A is a development standard and is able to be varied under Clause 4.6.

When considering the use of Clause 4.6 to vary a development standard the following applies;

“(1)     The objectives of this clause are as follows:

(a)   to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)   to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)       Development Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)       Development Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a)   that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)   that there are sufficient environmental planning grounds to justify contravening the development standard

(4)       Development Consent must not be granted for development that contravenes a development standard unless:

(a)   the consent authority is satisfied that:

(i)     the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)    the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)   the concurrence of the Secretary has been obtained.”

In accordance with the NSW Planning and Environment Planning Circular PS 18-003, Council has assumed concurrence of the Secretary and can determine this variation. The reporting of this DA to Council for determination is consistent with the requirements under Planning Circular PS 18-003. It should be noted as the variation sought is greater than 10% Council officers do not have delegation to determine the DA and the matter must be reported to Council.

A written request seeking to vary the development standard was submitted with the DA and in support of the variation the following provided;

•          The land is located within the Village of Quaama.

•          The lot was created for the purpose of a dwelling house. Section 94 contributions and 64 headworks charges have been paid on the lot. At the time the land was zoned 2(v) village and the land carried a dwelling entitlement.

•          The land is serviced with reticulated water and electricity is available from the power pole in the road reserve adjacent to the southern boundary.

•          The DA is supported with an effluent disposal report that demonstrates the site is capable of accommodating a three bedroom dwellings with up to 6.6 residents with a total output of 1,000L of waste water per day.

•          It is possible to achieve the same outcome without seeking a Clause 4.6 exception (subject to Development Consent) through lot consolidation, construction of a dual occupancy and resubdivision per Clause 4.1(4A) under BVLEP 2013, however, this would be more expensive and time consuming process and so Clause 4.6 variation is sought instead.

Officer Comments

After reviewing the request for variation it is considered the reasons outlined by the applicant has provided sufficient information to demonstrate that in this instance compliance with the development standard would be unreasonable or unnecessary.

The allotment was originally created under Development Consent 1989.1441 being a residential subdivision to create 2 unsewered lots of approximately 989m² and 1,035m² respectively for the purposes of a dwelling.

The proposal is consistent with the objective of Clause 4.1A which is to achieve planned residential density in the RU5 Village zone.

 The applicant has adequately addressed the matters of Clause 4.6 (3) and has demonstrated the proposal is in the public interest as it is consistent with the objectives of the RU5 Village Zone, consistent with the purpose for what the allotment was originally created and would be in keeping with the existing village character of Quaama.

Further the effluent disposal report has been reviewed by Council officers and the land is capable of disposing of effluent on-site.

 

Attachments

1.          2018.185 Attachment 1 Draft Conditions of consent

2.          2018.185 Attachment 2 Locality site plan

 


Council

29 August 2018

Item 9.2 - Attachment 1

2018.185 Attachment 1 Draft Conditions of consent

 


 


 


 


Council

29 August 2018

Item 9.2 - Attachment 2

2018.185 Attachment 2 Locality site plan

 

 

 


 

Staff Reports – Community, Culture and Leisure

 

29 August 2018

  

10.1            Externally Funded Programs Review................................................................ 122

10.2            Library Funding.................................................................................................. 122


Council 29 August 2018

Item 10.1

 

10.1. Externally Funded Programs Review     

 

An alternative strategy is required for communication with the public relating to the Externally Funded Programs Review due to restrictions placed against the release of the consultant’s key findings report.

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council acknowledge restrictions precluding its ability to fulfil a prior Resolution to release a redacted Crowe Horwath Albury key findings report relating to the Externally Funded Programs Review.

3.    That Council publicly communicate the findings of the Externally Funded Programs Review through a fact sheet, communications pack and media release available on Council’s website. 

 

Executive Summary

Following a request for quotation process, in April 2018 Bega Valley Shire Council (BVSC) engaged accountancy firm Crowe Horwath Albury to undertake an independent review of its externally funded community service programs, encompassing Children’s Services and Community Services. The review determined the overall financial viability of the current suite of externally funded programs and provided recommendations as to future options.

The findings were presented to Council on 13 June 2018. One of Council’s Resolutions was to publicly release the Executive Summary, Findings and Recommendations of the Crowe Horwath report. Confidential financial and staffing information were to be excluded.

Officers attempted to further engage Crowe Horwath to produce a redacted report; however Crowe Horwath informed Council officers that it would not release an amended version as the report was produced for internal use only. Crowe Horwath was willing to release the Executive Summary; however this part of the report did not outline any Findings or Recommendations and as such was not suitably informative.

Background

This report is presented to Council in recognition of the fact that in light of Crowe Horwath’s inability to approve the release of a redacted report, Council is unable to fulfil Resolution 1 of the six (6) Resolutions made at the 13 June 2019 Council meeting pertaining to the externally funded programs.  Those Resolutions were:

1.    That an executive summary, findings and recommendations of the Crowe Horwath’s report, ‘Financial assessment of externally funded programs’ be publicly released and the full report be accepted by Council.

2.    That Council confirm its policy positions:

·    Not to operate in competition with community or private providers in terms of target groups with respect to the provision of community and children’s services; and

·    To commit to ensuring access to services for disadvantaged and marginalised groups that may at times require financial support by Council.

3.    That Council note the closure of its Compacks program from July 2018 due to the funding body ceasing its current contract and sourcing an alternative local service provider.

4.    That the trial of Council’s involvement in the National Disability Insurance Scheme be extended a further 12 months from the original two year trial to 30 June 2020, with a progress report to Council in June 2019.

5.    That Council continue to operate Brighter Futures, the Commonwealth Home Support Program, services under the National Disability Insurance Scheme (for a two year trial), Sapphire Mobile Preschool, Bandara Children’s Services, the Indigenous Advancement Strategy, and Eden preschool and long day care programs.

6.    That Council raise community awareness of its commitment to community and children’s services programs in the Bega Valley Shire.

Given that the Crowe Horwath report cannot be released, an alternative method of communicating the report’s key Findings to the public may be required.

The proposed strategy is to incorporate the key Recommendations of Crowe Horwath’s report into communications with the media and public through a fact sheet, communications pack and media release available on Council’s website. These documents will outline why and how the review took place as well as a summary of the major Findings and Recommendations. Crowe Horwath’s Executive Summary will also be included.

Options

1.    To accept the Officer recommendations as presented.

2.    To resolve not to publicly communicate the findings of the Externally Funded Programs Review.

Community Engagement

Consultation undertaken

Consultation was not required as this matter related to the release of a consultancy report.

Council consideration of input

A briefing on the current independent review by Crowe Horwath consultants took place on 6 June 2018, followed by a report to Council on 13 June 2018.

Financial and resource considerations

Council officers had offered additional payment to Crowe Horwath to produce a redacted report; however they declined to accept this offer due to the report being for internal use only.

There are no cost implications of Council producing its own summary of Crowe Horwath’s key Findings, and the impact on officers' time would be acceptable.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

This report and officers' Recommendation 1 offer a solution to the challenge of being unable to fulfil the prior Resolution of Council to release a redacted Crowe Horwath Albury key Findings report relating to the Externally Funded Programs Review.

 

Attachments

Nil

 


Council 29 August 2018

Item 10.2

 

10.2. Library Funding     

 

To seek Council direction on public library advocacy activities in light of the reduction of funding to public libraries in the 2018/19 State Budget.

 

Director Community, Environment and Planning  

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, ‘Renew Our Libraries’.

3.    That Council take an active role in activating the campaign locally.

4.    That Council make representation to the local State Member in relation to the need for additional funding from the NSW State Government for the provision of public library services.

5.    That Council formally advise the NSW Public Libraries Association and Local Government NSW of Council’s decision regarding the public library funding advocacy initiative.

 

Executive Summary

Bega Valley Shire Council has been informed by the State Library of NSW that the NSW Government allocation to the public library grants and subsidies has been reduced from $28.8 million in 2017/18 to $23.528 million in 2018/19. This reduction has been offset by an allocation of up to $5 million of library infrastructure funding from the Regional Cultural Fund.

Membership and use of Council’s library service is continually growing. Council’s budgeted expenditure for library services in 2018/19 is $1.446 million, funded in part by $110K anticipated in annual funding subsidies from the State Government.  Whilst it is still unknown how the overall State budget reduction will impact Council’s own library service, it is certain any reduction in funding has the potential to affect service delivery.

The Public Libraries Association of NSW (NSWPLA) and Local Government NSW have launched a ‘Renew Our Libraries’ advocacy campaign calling for increased funding for public libraries. They are seeking endorsement from Councils for the campaign.

Background

Council operates four public library services located at Bega, Eden, Tura Beach and Bermagui. The library services are highly utilised by a wide variety of residents and visitors to the Bega Valley. Bega Valley Shire library service currently has over 28,800 members. In 2018 there were 97,321 recorded visits and 219,000 items borrowed. Casual use of the library to study and work is increasing, as is use of the internet. Program participation is at an all-time high.

The cost of operating these services is approximately $1.446 million per year. Major funding sources that support library operations include $1,068,120 from the General Fund and $199K from a Special Rate Variation; a $110K subsidy from the State Government; $40K from a three year agreement with the University of Wollongong; $24K in fees and charges; and smaller grants as they become available.

The major annual subsidy towards library programs is from the State Government. This is administered by the State Library of NSW. In 2018/19 it was anticipated a total of $110K would be received in subsidies from the State Government, with one component contributing towards library operating expenses ($70K) and the remainder to an identified local priority project ($40K).  These annual allocations have been generally consistent over previous years.

The State Library has also administered annual Library Infrastructure grants. In recent years Council was awarded grants of $200K for the Tura Marrang Library (2013/14); $94K for the installation of RFID (2015/16); and $44,069 in for the refurbishment of Eden library (2018).

Having successfully secured a library infrastructure grant in 2018, it was not Council’s intention to apply for another library infrastructure grant this financial year. Officers do, however, propose an application for funding in 2019 to refurbish the Bega Library - in part to cater for the impact of the Gallery redevelopment.

State Funding Changes

Council has been informed by the State Library of NSW that the State Government budget allocation for public library grants and subsidies has been reduced in the 2018/19 budget from $28.8 million in 2017/18 to $23.528 million.

The Library Infrastructure Grants program ($4 million) has been removed, and a further $1.3 million which boosted subsidy funding in 2016/17 and 2017/18 will not be provided in 2018/19.

Consequences for Council’s Libraries

At this point it is unclear how Bega Valley Shire Council’s annual subsidy payments will be impacted by the recent budget changes. The State Library has informed Council that subsidies should largely be intact, although there is likely to be some reduction to payments as a result of the removal of the $1.3 million in additional subsidy funding.

The State Library is now working through the allocation of library subsidies and will take these to the Library Council shortly for endorsement. The Minister is scheduled to consider the Library Council recommendations in late August, and Council should be informed of its annual subsidy payments soon after.

Other implications

With the removal of the Public Library Infrastructure Grants, $5 million has been earmarked from the Regional Cultural Fund (RCF) for library infrastructure projects. This is the same grant that Council has applied to for funds to redevelop the Bega Valley Regional Gallery.

The Regional Cultural Fund was established in 2017, with $100 million allocated to regional arts, screen, culture and heritage.  Round One of the grant saw $48 million allocated across 68 projects. At this stage it is unclear what, if any, funds will be earmarked for libraries from the RCF or other sources after 2018.

‘Renew our Libraries’ campaign

NSWPLA is the peak body for public libraries in NSW with a key purpose to advocate effectively and strengthen the public library network. Full membership of NSWPLA is open to all Local Government Councils in NSW that have adopted the NSW Library Act 1939.

The NSWPLA and Local Government NSW have recently launched a ‘Renew Our Libraries’ advocacy campaign calling for increased funding for public libraries. They are seeking endorsement from Councils for the campaign. Excerpts from an information pack provided to Councils can be found in the attachment to this report.

According to information provided by the NSWPLA:

•     NSW public libraries receive the lowest per-capita funding from their State Government compared to all other states in Australia.

•     NSW councils are currently paying 92.5% of the costs to operate public libraries, up from 77% in 1980.

•     In 2015-16, NSW State Government funding for public libraries was $26.5 million compared to a contribution of $341.1 million from Local Government. NSW Councils are paying 12 times more than the State Government to provide library services to their communities.

•     The total funding available through the NSW Public Library Funding Strategy is not indexed to population growth or consumer price index (CPI), thereby contributing to the ongoing attrition of State Government funding.

•     The 2018-2019 State Budget delivered a 5% cut to current funding and cut access to all infrastructure funding for metropolitan areas.

•     Physical and virtual visitation, library borrowing and participation in library programs continue to increase year on year.

The NSWPLA asserts that consecutive State Governments have not met their commitments to review the level and allocation of funding for NSW public libraries.

Other advocacy

The following motion (submitted by the Blue Mountains City Council) was unanimously endorsed at the Local Government NSW 2017 Conference:

That Local Government NSW works with the NSW Public Libraries Association (NSWPLA) to develop a strategic partnership to:

a) increase public awareness of the multiple roles that Local Government Public Libraries play in supporting the educational, social, cultural and economic outcomes in local communities

b) advocate, in the lead up to the March 2019 State election, for improved State Government funding for Local Government Public Libraries in NSW to enable public libraries to meet the growing needs of our local communities.

The Canberra Region Joint Organisation is currently seeking clarification from the Deputy Premier with regard to the NSW Government’s commitment to annual subsidies, and the ongoing security of the Regional Cultural Fund as a funding source for public library infrastructure.

Further information will be provided to Council as it becomes available.

Options

The following options may be considered by Council:

1.    To endorse the recommendations of the ‘Renew our Libraries’ campaign and publicly support its objectives.

2.    To note the report, but choose not to endorse the ‘Renew our Libraries’ campaign.

 

Community Engagement

Consultation undertaken

No specific consultation has been undertaken with the community with regard to public library funding; however Council is in the process of seeking feedback from the public on library services as part of its strategic planning process.  In June 2018, the Bega Library conducted an online customer satisfaction survey with over 1,253 responses received.

Results of the survey show a very high level of satisfaction with Council’s library services as demonstrated by the graph below:

Financial and resource considerations

Council’s libraries continue to adapt service delivery in response to changing customer expectations. Operating costs reflect these changes. Key growth areas are associated with replacing and upgrading technology, internet costs, and building maintenance. 

In recent years the library has achieved considerable efficiencies by restructuring staff resources, improving collection management process, by purchasing e-resources through a consortium of libraries in the region, and by reducing purchases of books, DVDs, newspapers and serials. 

The anticipated cost of running the library service in 2018/19 is $1,446,000. Corresponding income sources are set out below.

Funding source 2018/19

Amount

General Fund

$1,068,120

Special rate variation

$199,000

Subsidy funding (State Government)

$70,000

Local Priority project (State Government)

$40,000

University of Wollongong Agreement

$40,000

Department Human Services Access Point (Bermagui)

$4,880

Fees and charges

$24,000

Total

$1,446,000

Legal /Policy

Under Section 22 of the Local Government Act 1993, Councils may have functions conferred or imposed on them by other Acts, inclusive of the Library Act 1939

NSW public libraries are managed by Councils that have adopted the Library Act 1939. In accordance with the Act, public libraries are eligible for a range of services administered by the State Library and the Library Council of New South Wales. These include support and consultancy, library subsidy funding and other financial assistance.

In accordance with the Library Act 1939, public libraries are required to provide services free of charge, inclusive of core educational and information services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 4: Liveable Places; Goal 4: We have meaningful employment and learning opportunities for people in all stages in life.

Revised Delivery Program 2017 – 2021 Actions: Expand the provision of services, information and education resources for the community and students in line with the Library Services Strategic Plan.

Risk

Sufficient funding is required to meet Council’s popular library services to match increasing community demand. A decrease in revenue from the NSW Government increases the onus on Council to resource library services. 

The NSWPLA has forecast that it will continue to campaign in the lead up to the State election.  Councillors should be cognisant of the potential politicisation of the ‘Renew our Libraries’ campaign.

Social / Cultural

Library services make a valuable contribution to the social and cultural life of the community. They are inclusive community spaces which are well utilised across the Shire by people of all ages, backgrounds and abilities. Libraries foster education, life-long learning, and community participation, and play an increasingly important role in providing access to emerging technologies.

Recent feedback outlining customer satisfaction with Council’s library services has been outstanding, confirming that libraries play a significant role in fostering a positive reputation of Council in the community.

 

Attachments

1.          Renew Our Libraries Information Pack

 


Council

29 August 2018

Item 10.2 - Attachment 1

Renew Our Libraries Information Pack

 


 


 


 


 


 


 


 

 

 


Council

29 August 2018

 

 

Staff Reports – Economic Develoment and Business Growth

 

29 August 2018

  

11.1            Easy to do Business - Service NSW.................................................................... 122


Council 29 August 2018

Item 11.1

 

11.1. Easy to do Business - Service NSW     

 

The purpose of this report is to provide background information and seek support for Council to enter into an agreement with Service NSW for the ‘Easy to do Business’ program

 

Director Business and Governance  

 

 

Officers Recommendation

1.    That the report be noted.

2.    That Council delegate authority to the General Manager to enter into an agreement with Service NSW to participate in the Easy to do Business program and complete any necessary documentation.

 

Executive Summary

Further to the Small Business Friendly Councils (SBFC) initiative, the Small Business Commissioner and Services NSW have developed the ‘Easy to do Business’ program. This free program provides a number of benefits for Councils in NSW:

•     Increased productivity with ‘decision ready’ applications and reduced transaction costs.

•     Effective tools to help boost the local economy, enabling more jobs in the region – and     assisting Council to deliver on its economic development objectives.

The intention of the program is to build awareness and provide specialist advice services (e.g. through Service NSW) that are available to small businesses. These services provide both small business support while also ensuring Council officers can direct enquiries efficiently and provide applicants with the skills to be better informed and researched prior to lodging any Development or Planning Applications.

To participate in this program Council is required pass a Resolution. Following from this, the Easy to do Business team will coordinate a kick off workshop with Council officers to discuss the program and integrate it with Council’s service offering. Once Council officers are trained and systems prepared, there will be an official launch and announcement of the program.

Background

The Easy to do Business program provides the opportunity for participating councils to implement programs that support small business, share resources and information with other participating councils and promote this to the local business community. It also may assist in reducing administrative burdens on Council officers and small business alike.

For example, Service NSW may work 1:1 with a new café which requires a range of environmental health, building and planning related approvals. Through providing specialist advice and assisting in completing documentation, Service NSW ensures the documentation presented to Council is fit for purpose, covers all appropriate legal and planning requirements and is therefore easier to assess and approve. Council officers are still able to request further information or changes if this initial work is considered substandard or missing key local information.

Options

1.    To provide delegated authority to the General Manager to enter into an agreement with Service NSW for the Easy to do Business program

2.    Not enter into an agreement for this program and advise Service NSW

Community Engagement

Consultation undertaken

No consultation with the community has been undertaken or required at this stage. The program has been running in a number of other Councils around the State with feedback to date being very positive in improving the quality of applications received by Councils and the additional guidance being received by emerging small businesses.

Consultation Planned

No specific consultation is planned, but promotion of the program will occur. Potential small businesses are not required to utilise the services of the program, but it is offered and promoted as a more efficient way to get their businesses started, at no cost.

Financial and resource considerations

This program is at no cost to Council to participate with support material, training and advice provided by Service NSW.  Implementation of the program should lead to reduced processing times and costs relating to Development Applications to Council.

A relatively minor amount of Officer time is required to be briefed and engaged in the program over time.

Funding source

 

Amount

N/A

$

Nil

Legal /Policy

Council would still undertake all development assessments as per appropriate legislation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Participation in the Easy to Do Business program helps deliver multiple objectives and actions including:

Community Strategic plan 2040 Employment and Learning Opportunities: ‘Our economy is prosperous, diverse and supported by innovative and creative businesses.’

Delivery Program 2017-2021: ‘Support projects and opportunities that stimulate sustainable economic growth and align with the Economic Development Strategy’.

Operational Plan 2018-19: ‘Identify and develop partnership opportunities across sectors, groups, stakeholders, education and skills.’

Environmental / Sustainability

There are no predicted impacts to the local environment sector as a result of participating in this program.

Economic

Encourages economic development in the Bega Valley Shire and may improve relationships amongst key stakeholders during the process.

Social / Cultural

By Council supporting this initiative, the local business community and potential business investors have confidence that Council practically supports small business and is actively trying to reduce the costs associated with small business start-up.

 

Attachments

Nil

   

 


Council

29 August 2018

 

 

Staff Reports – Infrastructure Waste And Water

 

29 August 2018

  

12.1            RFT43/18 Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan         122

12.2            Tender RFT 34/18 Bega Valley Shire Council Workshop Refurbishment ........ 122

12.3            Compulsory acquisition of land at Bega for water purposes............................ 122

12.4            Road Closure - Section of Council public road at Wallaga Lake....................... 122

12.5            Road Closure - Section of Public Road at North Bega...................................... 122

12.6            Bega Valley Local Traffic Committee............................................................... 122

12.7            Growing Local Economies grant application for Merimbula Town Centre Revitalisation project........................................................................................................................... 122


Council 29 August 2018

Item 12.1

 

12.1. RFT43/18 Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan     

 

This report details the outcome of the evaluation of RFT 43/18 for the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan and recommends award to the preferred tenderer.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 43/18, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items as per the tender panel recommendations.

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

3.    That other tenderers be advised of Council’s decision.

4.    That any unexpended budget allocation for the current financial year be carried forward to 2019/2020 to support the completion of the project.

 

Executive Summary

It is recommended the preferred tenderer be accepted as they have been assessed as providing the best overall value to Council and capable of producing the required project outcomes to current statutory and technical requirements within the allowable project budget.

Background

Council successfully completed the Merimbula Lake and Back Lake Flood Study, including its data collection in March 2017 with the assistance of consultants Cardno and grant funding from the Ministry of Police and Emergency Services (MPES) and the Office of Environment and Heritage (OEH) under the NSW State Government’s Floodplain Management Grants Scheme.

Council then made a successful application to the NSW State Government’s Floodplain Management grants scheme in 2016/2017 for further funding to undertake the subsequent Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan.  Council resolved to accept the grant funding at its meeting of 31 January 2018.

The proposed Floodplain Risk Management Study (FRMS) and Plan (FRMP) form the typical 3rd  and 4th stage projects in the floodplain risk management process outlined below in Figure 2.1 of the current NSW Government 2005 Floodplain Development Manual (FDM) for the Management of Flood Liable Land.

http://begavalley.infocouncil.biz/Open/2017/08/OC_30082017_AGN_AT_files/image057.jpgThe current FDM outlines the primary objective of the NSW Government’s Flood Prone Land Policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods. The policy highlights that primary responsibility for floodplain risk management rests with Council's, which are provided with financial and technical support by the State Government.

A FRMS is a major multi-disciplinary process involving high levels of skill in engineering, planning, the sciences (social and environmental), economics and emergency management.  A FRMS aims to identify all relevant issues, quantify them and weigh them appropriately into an overall management plan by which the community as a whole is better off, though some groups may perceive themselves as disadvantaged.  Like any social planning process, completing a FRMS and the subsequent formulation of an appropriate FRMP involves discussions and trade-offs with various groups within the community to gain acceptance of the management plan dealing with all types of flood risk.  The steering of FRMS and FRMP requires significant effort from the Floodplain Risk Management Focus Group that Council finalised in 2014.

A FRMP is the formalisation of an effective floodplain risk management process.  It is based on a comprehensive and detailed evaluation of all factors that affect and are affected by the use of flood prone land.  It represents the considered opinion of the local community on how to best manage its flood risk and its flood prone land.  The FRMP may apply to the whole local government area or a specific area of the floodplain.  The FRMP will consist of a co-ordinated mix of measures that address existing, future and continuing risks.  The FRMS and the subsequent FRMP are integrally linked.

Council invited tenders from suitably qualified contractors to undertake the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan. Tenders were advertised on Tenderlink in the Sydney Morning Herald on 19 June 2018.  At the close on 11 July 2018 at 12:00pm, 34 tender documents were issued, with 4 submissions received from the following:

·    Advisian Pty. Ltd.

·    Engineering and Environmental Services  Pty. Ltd. (trading as Flume Engineering)

·    Rhelm Pty. Ltd.

·    Thomson Taylor Whitting (NSW) Pty. Ltd.

The tender submissions were evaluated in accordance with the published evaluation criteria that included both price and non-price criteria of:

Criteria

Weighting

Price

50%

Experience

20%

Methodology

25%

Local Benefit

5%

Total

100%

Options

The options before Council are to:

1.    Endorse the findings and recommendations of the final tender evaluation.

2.    Decline all tenders and take such action as Council resolves under clause 178 of the Local Government (General) Regulation 2005.

Option 2 is not the recommended option, as Council’s offer of external grant funding is pursuant to engaging an external consultant and completing the project by the stipulated timeframe, as per the funding agreement.  Option 2 would also not allow Council to meet statutory obligations and requirements as per the NSW Government Flood Prone Land Policy.

Community Engagement

Consultation undertaken

As per requirements of the funding agreement with Office of Environment and Heritage (OEH), Council’s funding partner and technical support; all received tender submissions were provided for assessment.  Various members of Council’s Floodplain Risk Management technical sub-committee and OEH were involved in the assessment of the tender proposals.

Consultation was also undertaken with the State Emergency Service (SES) and Office of Environment and Heritage (OEH) regarding the need for the project during the grant application process.  SES and OEH are currently members of the Floodplain Risk Management Focus Group and the Floodplain Risk Management Technical Sub-committee that provided technical inputs to the project.

Substantial community consultation was undertaken during the previously completed 2014 Merimbula Lake and Back Lake Flood Study that now forms a key input into the proposed project. 

Consultation Planned

Consultation with local residents will occur throughout the project via the Floodplain Risk Management Focus Group, community workshops, media releases and the formal public exhibition of the draft documents.  The Focus Group membership includes Council officers, state agencies, community representatives and elected Councillors; Cr. Seckold and Cr. Nadin.

Consultation has also been undertaken with state agencies such as the State Emergency Service (SES) and OEH regarding the need and technical requirements for the project during the grant application process.  SES and OEH are currently members of the Floodplain Risk Management Focus Group and the Floodplain Risk Management Technical sub-committee.

Council consideration of input

Throughout the floodplain risk management process implemented locally, Council considers inputs at 3 distinct stages:

1.    Acceptance of any grant offer to undertake a floodplain risk management project and the corresponding allocation of grant co-contributions

2.    Consideration of various tender proposals to engage a suitable consultant to undertake the project

3.    The formal endorsement of the FRMS and FRMP findings and recommendations at the project conclusion following public exhibition of the draft documents.

Financial and resource considerations

This project is funded under the budget for stormwater operating expenses and an Office of Environment and Heritage Grant that Council resolved to accept at its meeting of 31 January 2018.

Council will be required to comply with the conditions of the Funding Agreement for Financial Assistance under the 2016/2017 Office of Environment and Heritage Floodplain Risk Management Grants Scheme dated 6 December 2017.  The grant offer requires Council to provide matching funds at a ratio of 2:1 Government to Council dollars.  Additional funds are required above the mandatory co-contribution to service non-claimable activities considered part of everyday council operations as specified by the funding agreement.  Such activities can include venue hire, legal services and ancillary administrative costs amongst others.

Council staff will manage this project utilising the services of a consultant as per the conditions of the OEH funding agreement.  Council meeting facilities may also be required during consultation activities.

The project delivery is likely to span 3 financial years completing in late 2020.  The relevant budget allocation will be required to be carried forward corresponding to the project delivery.

Funding source

 

Amount

General Fund - Stormwater operating expenses

$

94 800

OEH floodplain risk management grant

$

169 866.67

Legal /Policy

The tender process complied with the Local Government Act 1993.

The information produced from the final project outcomes will also allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy and section 733 of the NSW Local Government Act 1993.

Council will be required to comply with the conditions of the Funding Agreement for Financial Assistance under the 2016/2017 Office of Environment and Heritage Floodplain Risk Management Grants Scheme dated 6 December 2017.

Adoption and subsequent implementation of the consequent FRMP will allow Council to meet its statutory obligations under the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Amendment Act 2017, Threatened Species Conservation Act, 1995, Fisheries Management Act, 1994, National Parks and Wildlife Act, 1974 and the Local Government Act, 1993 as they apply to floodplain risk management.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Floodplain Management Program supports the implementation of the NSW Government's Flood Prone Land Policy as outlined in the Floodplain Development Manual 2005.

The completed Floodplain Risk Management Study outputs will form further inputs into the proposed Floodplain Risk Management Plan for the Merimbula Lake and Back Lake catchments.  The proposed Floodplain Risk Management Plan outputs will produce inputs into Council’s current Bega Valley Comprehensive Local Environmental Plan 2013 with its underlying Development Control Plan (DCP) 2013.

Completion of the Floodplain Risk Management Study and Plan will achieve the outcomes in the 2017 – 2021 Delivery Plan and 2017/2018 Operational Plan namely:

Outcome 4 – Liveable Places

Goal 7: Identify and Complete floodplain risk management studies.

The outcomes of the project will provide information to allow long term planning and options for protection, management or relocation of Council’s assets to be identified, costed and implemented.

Any identified structural flood mitigation options will become part of Council’s asset base that may require ongoing maintenance and operational resources.  These potential future works projects may then need to be considered as part of Council’s Strategic Asset and Long Term Financial planning.

The Floodplain Risk Management Plan outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential works projects arising from the finalised Floodplain Risk Management Plan recommendations. 

The information produced from the project outcomes will form key inputs for informing land-use planning and development controls as governed by Council’s Local Environmental Plan 2013 and Development Control Plan 2013.

Environmental / Sustainability

Some of the objectives of the floodplain risk management process include, but are not limited to:

·    protecting and where possible enhancing the river and floodplain environment and be consistent with the objectives of relevant State Government policies

·    ensuring actions arising out of the management plan meet with ecologically sustainable design principles

·    allowing consideration of the environmental impact of existing and potential future developments and floodplain risk management measures

·    allowing consideration of broad scale catchment issues such as water quality, riverine and floodplain enhancement and land management

·    allowing for the consideration of potential adverse impacts of climate change impacts on flooding behaviour

These and other environmental issues will be considered in the development of the subsequent FRMS and FRMP recommendations and outcomes which will allow Council to meet its statutory obligations under the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Amendment Act 2017, Threatened Species Conservation Act, 1995, Fisheries Management Act, 1994 and National Parks and Wildlife Act 1974 as they apply to floodplain risk management.

Economic

Undertaking the project will realise some minor short term economic benefits to the community through consumption of local services throughout the project duration.

Long term, the information produced from project outcomes will assess the economic impacts of flooding on the local community and the cost-benefit of implementing any identified mitigation measures determined during the course of the project to reduce annual average flood damage costs.

Risk

The information produced from the final project outcomes will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy and section 733 of the NSW Local Government Act 1993.

The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

The information will also be useful to emergency response agencies for planning evacuation and logistics. 

Completion of the tender evaluation has been undertaken in accordance with the tender evaluation plan and requirements of the NSW Local Government Act 1993.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State.  Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business.  Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain.  However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices.  Therefore development and management of floodplains needs to consider a broad range of issues including balancing the benefits of occupying the floodplain against the costs.

The proposed floodplain risk management study and plan project will incorporate the management and consideration of social/cultural/economic impacts.

 

Attachments

1.          rft43.18 tender evaluation merimbula lake and back lake floodplain risk management study and plan recommendation (Councillor Only)

2.          rft43.18 final evaluation scoresheet 18/07/2018 (Councillor Only)

 


Council 29 August 2018

Item 12.2

 

12.2. Tender RFT 34/18 Bega Valley Shire Council Workshop Refurbishment       

 

This report details the outcome of evaluation of Tender RFT34/18 for the Bega Valley Shire Council Workshop Refurbishment and recommends that Council decline to accept any of the tenders.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That due to no tenders meeting budgetary requirements, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and postpone the proposal for the contract in relation to the subject matter of the tender as per Clause 178 (3) (a)

2.    That tenderers be advised of Council’s decision.

 

Background

The current Works Depot building condition has been assessed to be in a ‘poor’ to ‘very poor’ condition in the MBM Building Condition Assessment of Bega Valley Shire Council (BVSC) Building undertaken in July 2017. The report recommended the replacement of roofing, guttering and wall cladding.

In addition, an Asbestos Material Audit and Risk Assessment Report was commissioned in June 2017 and provided recommendations that ‘serious consideration should be given to the removal of all damaged asbestos-containing materials and removal of other items of asbestos-containing materials should also be considered.’

An Electrical Condition Assessment Report was also commissioned in September 2017 to determine the state of the electrical systems currently in place. This report identifies serious safety and efficiency issues associated with the outdated and poor condition of the electrical systems.

In order to mitigate the above risks to both BVSC property and staff, the Works Depot building requires a range of maintenance and services renewal works to bring the facilities up to ‘a fit for purpose’ standard in order for the Workshop and Store to continue to service the plant maintenance requirements and store function of Council now and into the immediate future.

Scope

The Workshop refurbishment project identified in Council's 2016-17 Capital Works Program is scoped as follows:

a)    Removal and disposal of all asbestos containing materials within the building (Refer to Asbestos Materials Audit and Risk Assessment Report).

b)    Demolitions of workshop office annex and rear mezzanine workshop to create large open plan work space.

c)    Demolition of storage container and associated structure annex,

d)    Removal and disposal of wall and roof cladding (including all gutters and flashings).

e)    Review ability to retain exiting timber purlins to fix roofing and cladding

f)     Removal of clearstory roof structure and louvers to the workshop.

g)    Supply and installation of new wall and roof insulation.

h)    Supply and installation of new wall and roof cladding.

i)     Supply and installation of new gutters, flashings and downpipes.

j)     Supply and installation of roof lights (undertaken in consultation with Electrical Engineer for placement of solar panels).

k)    Supply and installation of roof vents (whirligig or vented ridge cap).

l)     Supply and Installation of new internal wall lining (extents to be agreed on site).

m)  Replacement of windows (utilising standard window sizes)

n)    Replacement of pedestrian doors and review of condition of existing roller doors

o)    Upgrade of electrical a switchboards and power outlets and lighting

Tender

Council invited tenders from suitably qualified contractors to refurbish the mechanical workshop and stores building located at the Maher Street Depot.

Tenders were advertised in local media on 20 June 2018 and in the Sydney Morning Herald on 19 June 2018.

The documents were downloaded by 25 interested parties from tenderlink, numerous local contractors were also contacted by Council officers to gauge their interest in providing a tender. 

At the close of the tender period at 12.00pm on 11 July 2018, 8 documents were issued, with two submissions received.

Applicants were asked to provide:

a)    Lump sum price breakdown of the works

b)    Schedule of Tenderer’s Project Experience

c)    Schedule of Key Contact Staff

d)    Schedule of Consultants, Subcontractors and Major Suppliers

e)    Schedule of Tender Program

f)     Schedule of Work Health and Safety

The tender submissions were assessed against the following evaluation criteria

Tender Evaluation

Criteria

Weighting

Price

60%

Construction Methodology

5%

Construction Program

10%

Local Community Benefit

5%

WH&S, Quality management, Environmental management qualifications & experience

10%

Capacity to undertake project

5%

Experience completing similar projects

5%

Total

100%

Issues

Legal/Policy

The tender process complied with the Local Government Act 1993.

Strategic

By undertaking the tendered works, Council is continuing to accomplish its level of service objectives by maintaining quality, function and capacity in line with the Transport Asset Management Plan.

Operational / Asset Management Plan

By undertaking these works, Council is renewing the asset life of the workshop and bringing it up to a ‘fit for purpose’ condition for operational staff.

Environmental/Sustainability

A site specific Environmental Management Plan (EMP) will be provided to Council by the successful contractor. The plan is to comply with requirements for the safe removal of asbestos containing materials.

The refurbishment will also seek to improve energy efficiency of the building through the installation of low energy light fitting, improving insulation and natural lighting

Economic

Refurbishing Council's existing workshop is the most cost effective way to maintain Council’s level of service to its plant and fleet items.

Community Engagement and/or Communications

Council will be notifying the affected external services that utilise this facility and neighbouring residents will be notified of the construction works.

Financial and resource considerations

This project is funded under the following budget:

Funding source

 

Amount

SV – Public Domain and Buildings 

$

400,000

Revotes

$

400,000

Asset Replacement Reserve (Water fund)

$

50,000

Asset Replacement Reserve (Sewer fund)

$

150,000

Conclusion

Due to no tender meeting the budgetary requirement it is recommended Council decline to accept any of the tenders.

The project scope will be reviewed along with the delivery program and consideration given to re-tendering the works in early 2019.

 

Attachments

1.          2018.08.29 Maher Street Depot Refurbishment RFT 34 18 Confidential Memo (Councillor Only)

 


Council 29 August 2018

Item 12.3

 

12.3. Compulsory acquisition of land at Bega for water purposes     

 

Council is compulsorily acquiring with land owner's consent Lot 111 DP 1242074, being a section of Lot 11 DP 608730 to protect Council water infrastructure located on privately owned land.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 111 DP 1242074, being a 1.153ha section of Lot 11 DP 608730 from Garry Owens and Glenda Doreen Owens for a value of $60K (plus GST), by compulsory process with agreement in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under section 186 of the Local Government Act 1993 (NSW).

2.    That minerals are to be excluded from this acquisition.

3.    That this acquisition is not for the purposes of resale.

4.    That Council give notice of its intention to classify Lot 111 DP 1242074 at Kooringal Place, Bega upon acquisition as Operational Land under Section 34 of the Local Government Act 1993 (NSW).

5.    That the General Manager and Mayor be delegated authority to execute the necessary documentation to effect the Deed of Licence over Lot 111 DP 1242074 for an interim period until the acquisition of the land is finalised.

6.    That the General Manager and Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land by compulsory process under section 186 of the Local Government Act 1993 (NSW).

 

Executive Summary

A Resolution of Council is required to proceed with an application to the Minister for Local Government and/or Governor for acquisition of land for the purposes of protecting Council’s water infrastructure.  An interim Deed of Licence with the land owners is also required to protect the water facilities until the acquisition is finalised.

Background

The Bega bore fields are located on privately owned land at Lot 11 DP 608730 Kooringal Place, Bega.  An easement for water supply 10 meters wide is registered over the land to the benefit of Bega Valley Shire Council for water infrastructure purposes.  The easement does not allow Council to fence off the infrastructure and is simply a means of ensuring the operation of the water supply that is located on the privately owned land.

The Bega bore field is an important source of drinking water in the Bega Valley Shire and provides drinking water to the townships of Bega, Kalaru, Tathra, North Bega and Tarraganda.  It also supplies water to Yellow Pinch Dam to supplement water supplied from Tantawanglo Creek Weir and enables more rapid recovery from drought.  The water supplied from the Bega bore field to Yellow Pinch Dam also provides long term water security for the townships of Merimbula, Tura Beach, Pambula, Pambula Beach, Eden, Candelo and Wolumla.

The Bega bore field comprises six bores aligned parallel to the Bega River, spaced approximately 40m apart and 12m deep.  The depth of the bores protects the groundwater from microbial contamination from surface water in the river; however there is potential for surface water from the bore field site to contaminate the groundwater at depth directly via the bore-pits and bore pipework.  Reducing the risk of localised microbial contamination of groundwater in the aquifer around the bores is important for public health protection and water treatment plant planning and design.  For these reasons it is essential Council progress the acquisition of the land to ensure the long-term water quality protection.

Until the acquisition of the land can be finalised it is suggested that as an interim arrangement, Council enter into a Deed of Licence with the owners of the land to allow Council to erect a fence and protect the water infrastructure.

Options

The options available to Council are:

1.    Council approve the compulsory acquisition of land and interim Licence Agreement for the purposes of protecting Council’s water infrastructure into the future.

2.    Council does not proceed with the compulsory acquisition of land and interim Licence Agreement and maintains the status quo with Council’s interest in the land only recognised by way of easement.  This option does not give Council a legal right to restrict access to the land to protect our water infrastructure.

Community Engagement

Consultation undertaken

Council officers have been in consultation with the private land owners and have obtained their consent to the acquisition of land and interim Licence Arrangements.  A plan of acquisition has been registered at Land Registry Services and Garry and Glenda Owens have executed the Section 30 Agreement and Deed of Licence to progress with Council’s preferred course of action.

Financial and resource considerations

A market valuation was obtained from Opteon Property Group to determine the compensation payable to the land owners for the portion of land required for water infrastructure purposes and has been determined pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).  The valuation provides a compensation amount of $60K plus GST for the land required.

A further market rental valuation has also been obtained from Opteon Property Group to determine the rental payable for the Interim Licence arrangements which provides for an annual rental of $7,840.  Council officers have agreed to pay an additional 25 percent on top of the rental payable as the land owners have been required to relocate cattle they had grazing on their land. In addition there has been a historic requirement by Council to keep the area clear of livestock, without any legal basis. This therefore represents several years of cooperation without the benefit of legal lease or recompense.

There will be legal fees payable by Council to finalise the acquisition of the land and associated fees can be funded from the Water Fund.

Council Property officers and external legal panel providers will be required to finalise the relevant documentation to complete the acquisition.

Legal /Policy

It is a requirement under the Local Government Act 1993 (NSW) that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisition will proceed by way of compulsory acquisition with land owners consent and a Section 30 Acquisition agreement will be entered into, setting out the undertakings. 

The application for compulsory acquisition is to be made to the Office of Local Government and requires a recent Resolution of Council, for this reason a Resolution is required to be obtained now that the plan of acquisition has been registered at Land Registry Services and the land owners have executed the Section 30 Acquisition Agreement and Deed of Licence.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

Council’s water infrastructure is currently sitting on privately owned land with no formal arrangement in place to protect the asset.  If the acquisition does not progress there is an increased risk of farming practices on the land contaminating the groundwater source via the bore head structures. This increases the risk of water illness in the community and/or boil water advisories for the Bega-Tathra water supply system.

 

Attachments

1.          Registered Deposited Plan 1242074

2.          Opteon Property Group valuation report for acquisition purposes

3.          Opteon Property Group market rental valuation report

 


Council

29 August 2018

Item 12.3 - Attachment 1

Registered Deposited Plan 1242074

 


Council

29 August 2018

Item 12.3 - Attachment 1

Registered Deposited Plan 1242074

 


 


Council

29 August 2018

Item 12.3 - Attachment 2

Opteon Property Group valuation report for acquisition purposes

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council

29 August 2018

Item 12.3 - Attachment 2

Opteon Property Group valuation report for acquisition purposes

 


Council

29 August 2018

Item 12.3 - Attachment 2

Opteon Property Group valuation report for acquisition purposes

 


 


 


 


Council

29 August 2018

Item 12.3 - Attachment 3

Opteon Property Group market rental valuation report

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 29 August 2018

Item 12.4

 

12.4. Road Closure - Section of Council public road at Wallaga Lake     

 

Council has received an application from the adjoining land owner to close a section of surplus Council Public Road Reserve adjoining Regatta Point Park in Wallaga Lake.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council approve in principle the proposal received from the applicants for the closure of surplus Council Public Road Reserve which adjoins their landholding being Lot A DP 420390.

2.    That Council's Property officers be advised to commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received, the council may, by notice published in the Government Gazette, formally close the surplus Public Road Reserve concerned.

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure, creation of easement and subsequent sale of land to the applicant for market value as determined by an independent valuer.

6.    That all costs associated with the road closure process be borne by the applicant.

 

Executive Summary

The section of Road Reserve proposed for permanent road closure is considered surplus to Council’s roads network requirements, therefore Council approval is sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW).

Background

The occupants of Regatta Point Park in Wallaga Lake have made an application to Council to formally close the unformed section of surplus Council Public Road Reserve adjoining Lot A DP 420390.  The section of Road Reserve currently forms part of the park and is used by the applicants for internal access roads.  Council officers have given consideration to the closing of the section of Road Reserve and sale to the adjoining landowner and established that the road is no longer required for any public purpose.  A status search of the Road Reserve has also been conducted to confirm the dedication as Council Public Road Reserve.

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

1009153

Options

The options available to Council are:

1.    Council approve the proposal received from the applicants for the closure of a section of surplus Council Public Road in Wallaga Lake which adjoins their landholding; OR

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

Community Engagement

Consultation undertaken

Council Property officers have consulted with the applicant regarding the formal road closure process and have referred the application to internal officers to determine the suitability of the Road Reserve for permanent road closure.

Consultation Planned

Under section 38B of the Roads Act 1993 (NSW) notification of the proposal to close a Council Public Road must be published in a local newspaper, and be given all owners of land adjoining the road, and all notifiable authorities as prescribed by the regulations.

The notice must identify the road that is proposed to be closed, and must state that any person is entitled to make submissions to the Council with respect to the closing of the road, and must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

Financial and resource considerations

The applicant is responsible for all costs associated with the road closure application, subsequent transfer, their own and Council’s legal costs incurred (capped at $1,500) to finalise this matter.  In addition to these costs, the applicant will pay Council the current market value of the land as determined by an independent valuer.

Compensation received by Council from the closure of a constructed Public Road can only be used by the Council for acquiring land for the purpose of providing a Public Road or carrying out works on existing public roads.

Legal /Policy

If consent is granted to the proposed road closure, Council's Property officers will complete the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) and by notice published in the Government Gazette, formally close the surplus Public Road reserve. 

A plan of first title creation will be prepared and registered at Land Registry Services, with title transferred to the applicant upon payment of the agreed compensation. It has been identified that an 80mm asbestos cement water main traverses through a section of the Road Reserve and an appropriate easement to the benefit of Council will need to be registered on the title to protect Council’s asset. 

The applicant will be required to execute a formal Deed of Agreement which provides that upon transfer, the portion of closed road will be consolidated with the applicant’s adjoining parcel of land.

 

Attachments

Nil

 


Council 29 August 2018

Item 12.5

 

12.5. Road Closure - Section of Public Road at North Bega     

 

Council has received an application from an adjoining land owner to formally close a section of surplus Council Public Road Reserve located at North Bega.

 

Director Assets and Operations  

 

 

Officers Recommendation

1.    That Council approve in principle the proposal received for the formal closure of a 355m2 section of surplus Council Public Road Reserve adjoining the applicant’s property at Lot 3 DP 539154 on the corner of West Street and Ridge Street at North Bega.

2.    That Council officers commence assessment of the road closure application under Division 3 of the Roads Act 1993 and the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received, the Council by notice published in the Government Gazette, formally close the section of surplus Public Road Reserve concerned.

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure, creation of easements and subsequent sale of land to the applicant for market value as determined by an independent valuer.

6.    That all costs associated with the road closure process be borne by the applicant.

 

Executive Summary

The section of Road Reserve proposed for permanent road closure is considered surplus to Council’s road network requirements therefore Council approval is sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 as outlined in this report.

Background

A report was presented to Council on 25 June 2014 requesting approval to grant a lease to Mr Martin Finnerty over a section of surplus Council Road Reserve on the corner of West Street and Ridge Street at North Bega for the purpose of manoeuvring of vehicles and additional customer carparking for the proposed expansion of his automotive business, as these could not be accommodated wholly within the site currently owned by Mr Finnerty.  Council's Assets and Operations officers assessed the initial lease request at that time and confirmed the sight distance for through traffic on that corner would not be compromised by the proposal.  

Development approval was subsequently obtained by Mr Finnerty in December 2014 for the demolition of his existing workshop and the construction of a new vehicle repair station and building for future industrial tenancy.  Council granted a five year lease of a 380m2 section of surplus Road Reserve adjoining his development as per the attached plan.  The lease was seen as an interim arrangement only, with the intention being to apply to formally close the section of road and purchase the land from Council.  Following formal survey of the land, it was determined the section of land required is only 355m2.

A status search of the road has been conducted to confirm its dedication as Council Public Road Reserve and the vesting in Council upon closure.              

Community Engagement

Consultation undertaken

Council's Property officers have consulted with both Planning and Assets and Operations officers to determine the suitability of the Road Reserve for permanent road closure.

Public notice of the lease proposal was required back in 2014, as well as notification to all adjoining and adjacent land owners.  No objections were received at that time.

Consultation Planned

Under section 38B of the Roads Act 1993, notification of the proposal to close a Council public road must be published in a local newspaper and be given to all owners of land adjoining the road and all notifiable authorities as prescribed by the regulations.

The notice must identify the section of road proposed to be closed and must state that any person is entitled to make a submission to Council with respect to the closing of the road, and must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

Council consideration of input

Council resolved to grant a five year lease to the applicant on 25 June 2014 for the section of road which is now the subject of the permanent road closure application.

Financial and resource considerations

The applicant is responsible for all costs associated with the road closure application, subsequent transfer, their own and Council’s legal costs incurred (capped at $1,500) to finalise this matter.  In addition to these costs, the applicant will pay Council the current market value of the land as determined by an independent valuer.  A valuation was obtained by Council officers on 3 September 2014 in order to determine the current market rental value for the lease.  The valuation provided a market value of the land to be in the order of $250 per square metre, based on nine comparable sales of nearby industrial land at that time.  This figure could be adopted or a further valuation obtained if deemed necessary by Councillors.

Compensation received by Council from the closure of a constructed public road can only be used by the Council for acquiring land for the purpose of providing a public road or carrying out works on existing public roads.

Legal /Policy

If consent is granted to the proposed road closure, Council's Property officers will complete the road closure assessment under Division 3 of the Roads Act 1993 and by notice published in the Government Gazette, formally close the section of surplus public road reserve.

A plan of first title creation will be prepared and registered at Land Registry Services, with Title transferred to the applicant upon payment of the agreed compensation.  It has been identified that a 100mm cast iron water pipe from 1927 traverses the western side of the portion of road reserve to be closed, in addition to a stormwater pipe approximately 4m in from the eastern boundary.  Permanent relocation of those pipes or creation of easements to the benefit of Council will be required in order to protect Council’s assets into the future.

The applicant will be required to execute a formal Deed of Agreement which provides that upon transfer, the portion of closed road will be consolidated with the applicant’s adjoining parcel of land.

 

Attachments

1.          Plan of section of road reserve to be closed at North Bega

 


Council

29 August 2018

Item 12.5 - Attachment 1

Plan of section of road reserve to be closed at North Bega

 


Council 29 August 2018

Item 12.6

 

12.6. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 8 August 2018.

 

Director Assets and Operations  

 

 

Officers Recommendation

That Council adopt the following recommendations of the Local Traffic Committee:

188.SE.053 – Bega Fun Run 21 October 2018

Recommendation

1.    That, subject to conditions, sections of the following Council roads be temporarily closed between 5am and 12 noon on Sunday, 21 October 2018 for the Bega Fun Run:

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

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

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

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

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

                f) Full closure of Bridge Street, Bega

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

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

2.    That the proposed traffic arrangements for the Bega Fun Run on Sunday, 21st October 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

188.RSP.050 – Installation of parking restrictions lower level Merimbula Wharf car park

Recommendation

1.    That Council approve the installation of a “No Parking” zone for a length of 9.0 metres adjacent the concrete apron of the wharf.

2.    That Council approve the installation of a “No Stopping” zone on the western side of the access road to the lower car park for a length of 57 metres.

3.    That Council approve the installation of a “No Stopping” zone on the eastern side of the access road to the lower car park for a length of 28 metres.

188.RSP.049 – Installation of Right Angle parking signs Bermagui

Recommendation

1.    That Council approve the installation of 90 degree front to Kerb (vehicles under 6 m only) parking signs at the off street car park at the intersection of Lamont and Montague Streets, Bermagui.

 

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council.  Local Traffic Committees operate under delegation from NSW RMS who is responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

 

Attachments

Nil

 


Council 29 August 2018

Item 12.7

 

12.7. Growing Local Economies grant application for Merimbula Town Centre Revitalisation project     

 

An opportunity exists for Council to seek grant funding under the Growing Local Economies Fund for completion of the Merimbula Central Business District (CBD) Landscape Masterplan works

 

Director Assets and Operations  

 

 

Officers Recommendation

1.      That the report be noted.

2.      That Council note the Department of Premier and Cabinet invitation to submit a full Business Case for the Merimbula Town Centre Revitalisation Project.

3.      That Council delegate the authority to the General Manager to proceed with the project application to the NSW Government’s Growing Local Economies Fund seeking funding for the works as documented in the Merimbula Central Business District Landscape Masterplan.4.   That should the funding application be successful, that Council officers provide a further report detailing options for Council to meet the co-contribution requirement.

 

Executive Summary

The Growing Local Economies Fund (GLE) is part of the NSW Government’s $1.3 billion Regional Growth Fund, which is to be made available over four years to ‘turbo charge’ new regional economic opportunities and enliven local economies. GLE is designed to unlock growth in regional NSW by delivering the infrastructure that supports projects of economic significance. The fund is a great opportunity for Council to continue the major infrastructure renewal project in the Merimbula Town Centre, complementing the significant investment already made by Council with the Merimbula Bypass works.

An Expression of Interest was submitted to the GLE Fund in April 2018 for the Merimbula Town Centre Revitalisation project, which would see the delivery of the facilities and amenities identified in the Council adopted Merimbula CBD Masterplan, including works in Market Street, Main Street, Merimbula Drive and Beach Street.

On 3 August 2018, Council received an invitation to proceed to the next phase of the assessment process for this Fund, which requires the preparation of a detailed Business Case for the project.  The full Business Case submission is due on 7 September 2018.

This report provides Council with details of the Fund requirements and seeks endorsement for officers to continue to pursue funding opportunities under the GLE Fund for the Merimbula Town Centre Revitalisation Project.

Background

Growing Local Economies Fund

The GLE Fund is open to projects that:

·    Have the capacity to deliver jobs and economic growth

·    Help regional communities capitalise on their strengths or broaden and reposition their industry base

·    Demonstrate benefits beyond one organisation

·    Have a minimum project size of $1 million

·    Align with state and regional priorities and achieve a Benefit to Cost Ratio greater than 1.0.

Council officers identified the Merimbula Town Centre project as it aligns with Council’s major project priorities (as outlined in Council’s Infrastructure Prospectus) and is a project that would have regional benefits, reaffirming Merimbula as a gateway to the region, and providing amenities and smart technology facilities for residents and visitors from intra and inter-state and international guests arriving through the Port of Eden.

Merimbula Town Centre Revitalisation Project

The Project objectives are to:

•     Reinvigorate the Central Business District as a hub of community and commercial activity

•     Provide town centre improvements that benefit the public amenity and business activity in the Merimbula town centre, through best practice urban design including smart technology, pedestrian access and amenity, traffic management, street trees, furniture and quality public open space

•     Increase “active transport” people focussed, accessible space for all members of the community, with cars and trucks adequately catered for local business activity

•     Reinforce the existing natural setting of the Merimbula Town Centre and improve active transport links to open space areas

•     Stimulate investment from the private sector to improve building stock, shop fronts and recognise current retail challenges and provide flexibility to accommodate changing trends in retail

Expected Outputs

The expected outputs of the Merimbula Town Centre Revitalisation Project include:

•       CBD gateway treatments including sculptural signage, tree and garden bed planting

•       Main Street/Market Street intersection upgrade for improved traffic and pedestrian safety and connectivity

•       Improvements to ‘NAB Corner’ providing better connectivity and improved public open space areas including seating platforms and tree planting

•       Improvements to ‘Hylands Corner’ providing improved visual and physical connectivity with Market Street, including tree and garden planting, seating and provision of stage platforms for informal and organised events

•       Modifications in Market Street between Merimbula Drive and Beach Street Precinct thus creating a ‘Town Heart’ through modifications to traffic flows underpinned by the recently constructed Merimbula Bypass

•       Market Street modifications to include a traffic lane narrowing and a shared space that includes single surface pavement for pedestrians and vehicles, parallel parking, seating areas with tree and garden planting and pedestrian crossing locations

•       Modifications to Beach Street to provide a contiguous pedestrian area from Market Street into Beach Street that continues the ‘Town Heart’. Include single surface pavement for pedestrian and vehicles, gathering spaces and intimate sitting spaces, open up views Merimbula Lake, upgrade play space, reconfiguration of parking, provision of amenities and general foreshore improvements.

•       Extended pedestrian pavement in Market Street (from Main Street to Beach Street intersections)

•       Climbing frames for plants in Market Street

•       Linking Merimbula parking area through a combination of active transport links and smart parking technology

•       Provision of accessible parking / disabled parking in Market and Beach Street.

•       Incorporation of Water Sensitive Urban Design into garden beds and tree planting pits

•       Relocated power underground to Priority 1* areas (*as per adopted CBD masterplan)

•       Upgrade of street lighting to smart lights

Options

Option 1 – Do Nothing (don’t pursue the GLE grant opportunity)

The Merimbula Town Centre would continue to be maintained and renewed in accordance with current asset management plans. Active Transport and Transport Ancillary projects would be subject to the annual budget considerations including upgrade to Main Street / Market Street with traffic signals along with additional pedestrian crossings.  Development of Merimbula would be led by commercial revitalisation.

Option 2 – Pursue funding for part of masterplan outcomes

Council could resolve to pursue funding for part of the Masterplan works only, to reduce the co-contribution expected; however officers consider that a Council investment of less than 25% is a worthwhile opportunity that should be pursued.

Option 3 – Pursue funding for complete delivery of masterplan outcomes

The GLE Fund does not have a maximum grant amount (based on the current guidelines) and as one of Council’s most significant capital projects, officers recommend the full scope of works be included in the grant application including a project team and specific officers for engagement with the Community and Business.

Community Engagement

Consultation undertaken

Extensive community consultation was undertaken during the preparation of the CBD Masterplans, which lead to Council formally adopting the Masterplan for Merimbula. 

Consultation Planned

There will be further consultation and engagement with and information to, the community as the project develops. Consultation and engagement will be undertaken with key users groups for major multi-use elements within the project scope. Stakeholder groups will be notified as other elements progress.  It is important to note the funding guidelines need to be met and the projects scopes developed with these funding requirements in mind.

Council consideration of input

Should the funding application be successful, Council officers will provide a further report to Council detailing options for Council to meet the co-contribution requirement.

Financial and resource considerations

The adopted Merimbula CBD Masterplan has been costed by a Quantity Surveyor and has an estimated project value of $13.7M.  Whilst there is no specified co-contribution amount, proponents are expected to provide a significant contribution.  Feedback provided with the invitation to proceed to full Business Case has clarified that landscaping and signage are ineligible elements of the fund.  This means that Council will need to cover those costs. It is proposed that Council would contribute $2.5M to the project, with the grant request amount being $11.2M.

There will be several options available for Council to consider should a funding offer be made to source Council's contribution to the project. These options include;

•       Loan funding (given the long lasting benefits of the project)

•       Reallocation of existing budgets for a period of time

•       A project related Special Rate Variation (SRV)

•     Further grant sources

•     A combination of the above

At this stage it is recommended Council indicate its commitment to the project with a further report to be provided should a funding offer be made.

It needs to be noted that progressing with the grant project as proposed will result in a long term commitment. However the GLE Fund presents a unique opportunity for the community to benefit from significant grant funding to go toward projects that relate directly to both an asset management renewal and upgrades.

Funding source

 

Amount

NSW Growing Local Economies Fund (for project delivery)

$

11.2M

BVSC (for project delivery)

$

2.5M

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

An important element of the GLE Fund is to demonstrate a strong alignment to the strategic planning of both Council and state government agencies.

Council’s Community Strategic Plan Outcome 4 –Liveable Places specifies as Goal 7 that: “Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live” and specifically sets an infrastructure milestone to deliver Town Centre Landscape Masterplans for Bega, Bermagui, Eden and Merimbula.

Council resolved at its meeting of 7 June 2017;

1.    That Council alter the Resolution of 4 February 2015 to read:

That Council adopts the draft Central Business District (CBD) landscape masterplans for Merimbula and Bega and that these masterplans form the basis for the future enhancement of the two towns.

2.    That Council alter the Resolution of 1 February 2017 to read:

1     That Council consider an allocation of funding in the draft 2017/18 Budget development to include going to expressions of interest for detailed design building on the current Central Business District (CBD) Masterplan and to establish detailed working plans, including traffic and parking plans, in consultation with the community for Merimbula CBD.

2     That strategic project planning of the detailed designs take into consideration, in consultation with key community stakeholders, budget development, including quantity surveying, so that Council can plan for full costs, and work can be staged when funding becomes available.

3     That discussions on the development of a new concept plan and detailed design for Bermagui be undertaken with the local community when funding for works is identified.

The GLE Fund presents a unique opportunity for the community to benefit from significant grant funding that would enable Council to deliver the remaining works required to realise the full extent of the Merimbula CBD Landscape Masterplan.

The works forecast in the Merimbula CBD Masterplans are Council endorsed projects and form part of Council’s Infrastructure Prospectus.

Risk

The key risk relates to Council’s ability to meet its funding obligations under the grant program, there will be means to meet this requirement.

A secondary risk could be completed projects not aligning with community needs or expectations.  The completed Masterplan work done to date has provided good direction to work that will see this risk managed. Further Consultation and Engagement will be undertaken as major project elements progress. 

 

Attachments

Nil

  

 


Council

29 August 2018

 

Staff Reports –  Governance And Strategy

 

29 August 2018

  

13.1            Awards and Scholarship Committee................................................................. 122

13.2            Change to Council Meeting Schedule............................................................... 122


Council 29 August 2018

Item 13.1

 

13.1. Awards and Scholarship Committee     

 

The report seeks Council’s endorsement for the formation of a Committee delegated to choose recipients of awards and scholarships presented by Bega Valley Shire Council.

 

General Manager  

 

 

Officers Recommendation

1.    That Council note the report.

2      That Council adopt the Guidelines for the Bega Valley Shire Council Awards and Scholarship Committee.

2.    That Councillor delegates for the inaugural Committee be elected as part of the Committee and Panel Delegates process at the Council meeting to be in September 2018

 

Executive Summary

Following representations to Council regarding its reasons for closure of meetings, the Office of Local Government has provided advice to Bega Valley Shire Council regarding the correct process for decisions relating to the presentation of awards, such as Citizen of the Year Awards, where the names of the recipients need to remain confidential until such time as the award is presented.

Background

Council has in the past presented a report to a Council Meeting regarding options for presentation of an award or scholarship. In some cases the report or discussion about the matter has been heard as part of the Closed Section of the meeting.

The Local Government Act 1993 Section 10A(2) prescribes the reasons why Council can close parts of a meeting, these reasons are:

(a) personnel matters concerning particular individuals (other than councillors);

(b) the personal hardship of any resident or ratepayer;

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

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

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

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret;

(e) information that would, if disclosed, prejudice the maintenance of law;

(f) matters affecting the security of the council, councillors, council staff or council property;

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land;

(i) alleged contraventions of any code of conduct requirements applicable under section 440.

No option is available under these reasons to close a meeting to keep the identity of proposed awardees confidential until an official announcement is made as part of a celebration or event.

Options

The Office of Local Government has provided advice that the formation of a Committee is the correct option for the process of choosing recipients of awards and scholarships.

The NSW Local Government Act General Regulation 2005 advises that:

(1)    A council may, by resolution, establish such committees as it considers necessary.

(2)    A committee is to consist of the Mayor and such others as are elected by the, or appointed by the council.

Draft Guidelines for an Awards and Scholarships Committee have been developed which detail the status of the committee, as well as the responsibilities of committee members.  These guidelines should provide a clear picture on the function, role and restrictions of the committee.  A copy of the Draft Guidelines is attached to this report.

Application forms and criteria for the suggested award categories will be developed by staff in liaison with Councillors and provided to the community with appropriate timeframes to allow nominations to be submitted for consideration by the Committee.

Community Engagement

Consultation undertaken

It should be noted a number of other NSW Councils were contacted by Council officers to determine their practices in regard to the decision making and presentation of awards presented by the Council.

A wide range of methods were used, with the majority of Councils using a process similar to that outlined in the attached  Bega Valley Shire Council Awards and Scholarships Committee Guidelines.

Financial and resource considerations

There will be no additional costs associated with formation of the Bega Valley Council Awards and Scholarship Committee.

Legal /Policy

The proposed Committee is in line with the requirements of the Local Government Act 1993 and Local Government Act Regulations 2005, along with recent advice received from the Office of Local Government NSW.

Social / Cultural

Formation of the Committee will allow Council to interact with the Community to seek nominations for a variety of awards and scholarships.

The process will allow selection of awardees, based on set criteria, which will be clearly outlined as part of the nomination process for each award.

Contact with awardees and nominators will remain confidential until the official announcement of the awardees at a ceremony or other presentation event, which will also be outlined as part of the nomination process for each award.

 

Attachments

1.          Draft Bega Valley Shire Council  Awards and Scholarships Committee Guidelines amended

 


Council

29 August 2018

Item 13.1 - Attachment 1

Draft Bega Valley Shire Council  Awards and Scholarships Committee Guidelines amended

 


 


 


 


 


 


 


 


 


Council 29 August 2018

Item 13.2

 

13.2. Change to Council Meeting Schedule     

 

It is proposed that an additional Ordinary Meeting of the Council be held on Monday 17 September 2018 for the purpose of election of the Mayor and Deputy Mayor.

 

General Manager  

 

 

Officers Recommendation

That an additional Ordinary Meeting of Council be added to the Council Meeting Schedule on Monday 17 September 2018 from 2pm for the purpose of election of the Mayor and Deputy Mayor, and associated reports, and that appropriate notices be provided as required under the Local Government Act 1993.

Executive Summary

Council is required to publicise its Schedule of Ordinary Meetings in advance. Council can modify by Resolution the Schedule with appropriate notice being provided as per Section 9 of the Local Government Act 1993 (NSW).

It is proposed to add an additional Ordinary Meeting of Council to the Meeting Schedule on Monday 17 September 2018 at 2pm for the purpose of election of the Mayor and Deputy Mayor and associated reports.

Background

Currently the election of the Mayor and Deputy Mayor is scheduled for the Ordinary Meeting of Council on Wednesday 19 September 2018. Ordinary Meetings of Council contain a number of matters. The election of the Mayor and Deputy Mayor is an important process for Council.

There are still a considerable number of matters that need to be considered in September.   Scheduling another Ordinary Meeting of Council allows for the Mayoral election to be separated from other business items, ensuring other business items receive the proper consideration.

Options

Council has two options:

1.    To accept the Officers' recommendation to add an additional Ordinary Meeting of Council to the Council Meeting Schedule as proposed; or

2.    Not add an additional Ordinary Meeting of Council and undertake election of the Mayor and Deputy Mayor at the existing Ordinary Meeting of Council scheduled for Wednesday 19 September 2018.

Legal /Policy

Council is required to hold at least ten meetings per year under the Act.  Under Section 9 of Act, the Council is required to publicise when it will hold its meetings.

 

Attachments

Nil

   

 


Council

29 August 2018

 

 

Councillor Reports

 

29 August 2018

 

16.1            Report from Country Mayors Association Meeting.......................................... 122


Council 29 August 2018

Item 16.1

 

16.1. Report from Country Mayors Association Meeting     

 

Report from Country Mayors Association of NSW Meeting, held 3 August 2018 in the Preston Stanley Room at Parliament House, Sydney.

 

Cr McBain, Mayor  

 

The Acting General Manager Mr. Anthony Basford attended on behalf of the Mayor who was on leave at the time.

Summary of agenda items

Attendance by The Hon. John Barilaro - Deputy Premier, Minister for Regional NSW, Minister for Skills and Minister for Small Business

·    Apology for not all country Mayors receiving an invitation to launch of Regional Vision Statement. (Note - A copy has been provided to all Councillors).

·    Confirmed support for local government and for the new Joint Organisation (JO) structure, and reintegrated that JO is not about taking away local democracy.

·    Will be a future focus on youth and funding for youth services and activities. Further details to follow.

Questions to the Deputy Premier

·    Library cuts - Encouraged Councils to write to Minister Harmon.

·    Councillor remuneration - Agreed constitutional recognition was required, which may address this matter.

·    Drought funding - Overview of State response.

·    IPART rating review - Was not sure on status, but agreed it had been with the Minister for some time.

·    Water security - Reiterated States response through current funding streams.

·    Funding flexibility - Confirmed interest in being flexible with funding to meet needs particularly on co-contribution projects.

·    How are regional voices heard - His role sits in Dept. of Premier and Cabinet to be across all government business.

·    Waste - Needs to be an industry response and supportive of these responses focussing on regional NSW.

Presentation by Mr. Terry Dodds - Chief Executive officer, Tenterfield Shire Council on waste to energy

·    Need to look at new solutions as waste stream increasing despite recycling and other diversions. Also impact of China no longer taking recycled waste.

·    Not a technology question as the plants already exist in other parts of the world. Japan has 1,162 waste to energy plants.

·    Will require a collective effort as there are many hurdles. Collectively Councils could work with government to resolve barriers.

·    Motion to support was accepted.

·    Further Motion about seeking JO support also accepted.

·    Further discussion about impacts of waste to energy proposals. Some felt there wasn’t enough information to make decision.

·    Suggested to engage with Ken Gillespie to progress issue.

·    Suggestion to have a more detailed meeting/forum not he topic was accepted.

Motion to allow a further two year appointment of current executive accepted.

Attendance by the Hon. Gladys Berejiklian, Premier

·    Spoke about wanting to reduce red tape, drought relief, connectivity both physical and digitally and water security.

Questions

·    Business relocation packages - More jobs created in regional NSW than in all other regional areas in Australia. A $500M package is currently in place. No details provided.

·    Water security - Advised that the government would not go past a good proposal. Possibly more dams will be needed.

·    Waste to energy - No clear position. Jobs for NSW have been asked to look into.

·    Reinstatement of Dept. of Local Government - Didn’t rule out but wanted Ministers to rule for all.

·    Clean coal fired power location - Linked to energy targets.

·    Library funding - Looking into the issue.

Ken Gillespie - Regional Infrastructure Coordinator

·    Introduced team and backgrounds

·    Offered to visit any Council who have projects to discuss.

·    Keen to know what each Council’s top 5 Infrastructure priorities are. (Note - BVSC has submitted a top 5 list via the CRJO)

Questions

·    Stronger Country Communities - Looking at a round 3 option. TBC

·    Grant feedback - Acknowledged that grant feedback needed to be provided early. Ken’s team happy to work with Council’s to ensure compliant application.

·    Strategic Planning for JOs - Need to identify transformational projects for regions.

Next meeting 2 November 2018.

 

Attachments

Nil

            


Council

29 August 2018

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

21.1    Request for leniency on water charges account

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (b) the report contains a discussion in relation to the personal hardship of a resident or ratepayer.