Agenda of Council - 21 November 2018

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

21 November 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 31 October 2018 as circulated, be taken as read and confirmed.

3 Declarations

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

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

There are no reports to Standing Committees.

9 Staff Reports – Planning and Environment

Nil Reports

10 Staff Reports – Community, Culture and Leisure

10.1 Access Improvement Grants ....................................................................................................... 10

10.2 Licenses for the use of Council Reserves................................................................................... 13

11 Staff Reports –Economic Development and Business Growth

Nil Reports

12 Staff Reports – Infrastructure Waste and Water

12.1 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve 20

12.2 SMART Drumline Trials.................................................................................................................. 42

12.3 Bega Valley Local Traffic Committee.......................................................................................... 46

12.4 Tathra to Kalaru Bike Path - Land Matters ............................................................................... 49

12.5 Tathra to Kalaru Bike Track - Tathra Path Alignment.............................................................. 65

12.6 RFT 39/18 Mechanical Dewatering, Removal and Beneficial Reuse of Biosolids ............ 198

12.7 Lease to BP Australia - Merimbula Airport.............................................................................. 201

12.8 Mirador Emergency Access........................................................................................................ 207

13 Staff Reports – Governance and Strategy

13.1 Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers 238

13.2 Audit, Risk & Improvement Committee Charter.................................................................... 245

13.3 Audit, Risk & Improvement Committee Annual Report....................................................... 256

13.4 2017 - 2018 Annual Report........................................................................................................ 274

13.5 Grant of new lease - Eden Killer Whale Museum.................................................................. 276

14 Staff Reports – Finance

14.1 Certificate of Investment............................................................................................................ 283

15 Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

16 Councillor Reports

16.1 Mayors Report on the LGNSW Conference 19 - 21 October 2018 in Albury.................... 288

17 Rescission/alteration Motions

18 Notices of Motion

18.1 Landscape requirements in development conditions........................................................... 297

19 Questions On Notice

19.1 Councillor Griff Question on Notice - Promoting Recruitment of Volunteers for Emergency Services..................................................................................................................................................... 299

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........................... 299

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council 21 November 2018

Item 10.1

10.1. Access Improvement Grants

Applications for 2018 Access Improvement Grants have been received and assessed and require a Resolution of Council to allocate to successful applicants.

Director Community, Environment and Planning

Officers Recommendation

1. That the recommended successful applicants and grant allocations from the Confidential Attachment be adopted.

2. That the following grants be allocated in 2018 (insert)

3. That the Access Improvement Grant Subcommittee and the Access and Inclusion Advisory Committee be thanked for their assessment and recommendations.

4. That Council officers write to all applicants advising them of the outcome of their applications.

5. That unspent funds from the 2018/19 Access Improvement Grant round be carried forward to the 2019/20 year.

Executive Summary

The Access Improvement Grants have facilitated a wide and varied range of projects to improve the everyday experience for residents and visitors living in the Bega Valley Shire who may have reduced mobility, impairment or a disability.

Background

Council undertook a significant review of its Community Grants Program in 2015/2016, which led to the creation and clarification of a number of grant opportunities for community groups and individuals. The level of funding for each Community Grants Program was resolved by Council at its Ordinary Meeting of 20 July 2016.

Council has a Section 355 Access and Inclusion Advisory Committee to assist in making the Shire a better place to live for all, and particularly those in our community with a disability, reduced mobility, frailty or impairment. The Access and Inclusion Advisory Committee (previously Access Advisory Committee) possesses an annual allocation to address small access issues raised through the Committee. Historically, this money was not always used or fully expended.

Following the review of the Community Grants Program, the annual allocation to the Access and Inclusion Advisory Committee was redirected into the Community Grants Program to become the Access Improvement Grants Program.

The latest round of Access Improvement Grants was advertised in July 2018 and a total of six applications were received. The applicants requested $22,143 in total, contributing towards projects worth over $90,538. This clearly demonstrates the value that can be leveraged by providing support to community groups and voluntary organisations.

Options

The options for this funding relate to whether Council accepts the recommendation of the Access Improvement Grant Subcommittee and Access and Inclusion Advisory Committee, or chooses to allocate the funds in a different way.

Community Engagement

The Access Improvement Grants have been discussed on a number of occasions with the Access and Inclusion Advisory Committee. The Committee were consulted in redirecting the original allocation into a grant program, the parameters of the grant and recommended funding allocations.

The grants were advertised in the local newspapers during the weeks of 25 – 31 July 2018.

The grant opportunity was circulated to Service Clubs, Chambers of Commerce and through networks of the Community Development Officers.

Following an initial assessment by officers to confirm eligibility or otherwise, the applications were reviewed by a Subcommittee made up of Cr Robyn Bain, Mr Ron Finneran OAM, Chair of the Access and Inclusion Advisory Committee, Mr Francis Pearce Member of the Access and Inclusion Advisory Committee (unable to attend on the day and could not participate in initial assessment) and Ms Kristina Brenner, Manager Community Connections.

The Subcommittee submitted its recommendations via email to the full membership of the Access and Inclusion Advisory Committee on 16 October 2018 for ratification.

The Access and Inclusion Advisory Committee recommended the funding amounts as presented in the Confidential Attachment.

Financial and resource considerations

This year there is $23,885 is available for distribution via the Access Improvement Grants. This includes $20,000 for the 2018/19 grant round and $3,885 in unspent funds held over from the 2017/18 grant round into the current financial year.

The funds for this grant were included and adopted in Council’s 2018/19 budget.

The Access Improvement Grants provide Council with an opportunity to leverage the passion and interest of volunteers and community groups to deliver projects on Council’s and the community’s behalf.

The Community Grant Program Guidelines outline the criteria by which grant applications are assessed. This includes the criteria that grants will be in the range of $500 to $5,000. Matching contributions are required for commercial businesses and for-profit groups. This was supported by the full membership of the Access and Inclusion Advisory Committee.

In some case no funding or conditional funding was recommended by the Subcommittee based on the information presented in the applications. A total of up to $16,626 has been recommended for allocation to four applicants, noting that a caveat has been placed on one of these applications requiring further financial evidence, and the outcome of this requirement may reduce the total funding allocation to a small degree.

The remaining $7,259 in unspent grants would become available for projects identified by the Access and Inclusion Advisory Committee or held in reserve for the 2019/20 grant round.

The unspent funds will be included and adopted in Council’s 2019/20 budget.

Funding source		Amount
General Fund – Access Improvement Grants	$	$23,885

Legal /Policy

The Local Government Act 1993 (the Act) provides the legislative mechanism to allow Councils to provide funds to the community for the purposes of exercising its functions. Specifically, the Act states in Section 356 that:

“(1) A council may, in accordance with a resolution of the Council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions…”

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Access Improvement Grants are in line with the NSW Disability Inclusion Plan that aims to create long term change and require consistent effort from government and the wider community.

The Access Improvement Grants meet the goals of Council’s Disability Inclusion Action Plan: Creating Liveable Communities – contribute towards liveable and accessible public places.

Economic

The Access Improvement Grants are listed as an activity in the Operational Plan 2018/19 – Administer the Access Improvements Grant Program.

Risk

Council has obligations under the NSW Disability Inclusion Plan, Council’s Disability Inclusion Action Plan and the Act to provide for all residents and visitors to the Shire. Council has reputational (and a potential legislative non-compliance) risk if it does not provide inclusive facilities and spaces.

The improvement of access to facilities and spaces in the Shire also reduces the risk of insurance or compensation claims where people may injure themselves because of access issues.

Social / Cultural

The ability for residents and visitors to be able to access and enjoy all the Bega Valley Shire offers cannot be underestimated.

The Access Improvement Grants provide the mechanism for volunteer groups and businesses to resolve access issues and support participation.

Attachments

1 ⇨. Access Improvement Grants summary recommendations 2018 (Councillor Only)

Council 21 November 2018

Item 10.2

10.2. Licenses for the use of Council Reserves

Council officers have recently completed an expression of interest process via public tender for the use of Council owned and managed reserves throughout the Shire by third parties. This report details the results of the expression of interest process and seeks formal Council approval to grant short term Licence Agreements to the successful applicants.

Acting Director Community, Environment and Planning

Officers Recommendation

1. That subject to determination of the Native Title and Aboriginal Land Claim interests:

· Council, as Crown Land Manager of the Bridge Island Reserve (59552) at Wallaga Lake, grant a short term 12 month Licence to Luke Payne, trading as Bermagui Board & Bus, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Dickinsons Recreation Reserve (83225) at Bermagui, grant a short term 12 month Licence to Luke Payne, trading as Bermagui Board & Bus, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Little Lake Cuttagee Reserve (82654) at Cuttagee, grant a short term 12 month Licence to Luke Payne, trading as Bermagui Board & Bus, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Dickinsons Recreation Reserve (83225) at Bermagui, grant a short term 12 month Licence to Bermagui Growers Market for weekly market activities at a weekly fee payable to Council of $5 per unpowered stall and $10 per powered stall as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of Tathra Beach Reserve (79310) at Tathra, grant a short term 12 month Licence to Coastlife Adventures, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of Jiguma Nature Reserve (61013) at Pambula, grant a short term 12 month Licence to Coastlife Adventures, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Spencer Park Reserve (63203) at Merimbula, grant a short term 12 month Licence to Coastlife Adventures, for mobile equipment hire activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Ray Whyman Reserve (82753) Mogareeka Inlet at Tathra, grant a short term 4 month Licence to Monique Henderson, Trading as Expresso Yourself Mobile Café, for the operation of a mobile café refreshment van at the Mogareeka Boat Ramp, Tathra at current market rental.

· Council, as Crown Land Manager of the Spencer Park Reserve (63203) at Merimbula, grant a short term 12 month Licence to Lauren Wilson, Trading as Epic Health and Fitness, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Spencer Park Reserve (63203) at Merimbula, grant a short term 12 month Licence to Tarryn Lucas, Trading as Tarryn Lucas Fitness, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of Tathra Beach Reserve (79310) at Tathra, grant a short term 12 month Licence to Tarryn Lucas, Trading as Tarryn Lucas Fitness, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of Tathra Beach Reserve (79310) at Tathra, grant a short term 12 month Licence to Sharri Manning, Trading as Tathra Beach Personal Training Studio, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of Reserve (64333) at Kianinny Bay at Tathra, grant a short term 12 month Licence to Sharri Manning, Trading as Tathra Beach Personal Training Studio, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Dickinsons Recreation Reserve (83225) at Bermagui, grant a short term 12 month licence to Sharri Manning, Trading as Tathra Beach Personal Training Studio, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

· Council, as Crown Land Manager of the Bank including Ford Oval Reserve (77269) at Merimbula, grant a short term 12 month Licence to Anthony Deveril and Chelsea Friend, Trading as Fishpen Charters, for the operation of a mobile coffee cart at Mitchies Jetty, Merimbula at current market rental.

· Council, as Crown Land Manager of the Ford Oval Reserve (77269) at Merimbula, grant a short term 12 month Licence to Jake Closter, Trading as Real Health Coaching and Personal Training, for fitness training activities for the annual licence fee of $550 as detailed in Council’s fees and charges schedule.

2. That Council, as land owner, grant a short term 12 month Licence to Monique Henderson, Trading as Expresso Yourself Mobile Café, for the operation of a mobile café refreshment van at the Bega Park located at Lot 2 Section 49 DP 758076 at current market rental.

3. Council issue all short term Licence Agreements in accordance with section 2.20 of the Crown Land Management Act 2016 (NSW) and/or under the provisions of the Local Government Act 1993 (NSW).

4. That the General Manager be authorised to execute the necessary documents.

Executive Summary

In order to maintain transparency and avoid any suggestion of impropriety, Council officers completed the annual Expression of Interest process (EOI) 58/18 for the use of Council owned and managed reserves throughout the Shire by third party commercial operators.

This report details the results of the EOI process conducted between 21 September 2018 and 24 October 2018 and seeks Council’s approval to enter into short-term Licence Agreements with the successful applicants.

Background

Under the Crown Lands Act 1989 (NSW) (CL Act) in order to obtain the Minister’s consent for the use of Council managed Crown Reserves, Council (as Reserve Trust Manager) were required to carry out an open and transparent public competition process to meet the provisions of the Independent Commission Against Corruption (ICAC) Direct Negotiation Guidelines. On 1 July 2018 the CL Act was repealed and replaced with the Crown Land Management Act 2016 (CLM Act) and Crown Land Management Regulation 2018 (NSW) which has changed the way dedicated or reserved land is managed by introducing the concept of Crown land managers and removing the concept of reserve trusts.

Under the CLM Act Councils that are appointed to manage reserved Crown land, manage that land as if it were public land under the Local Government Act 1993 (NSW) (LG Act). The CLM Act enables Council Crown land managers to enter into leases and licences under the LG Act once a compliant plan of management is in place or the land is classified as operational, whichever occurs first. Prior to the adoption of a compliant plan of management over Crown land, Council is able to issue short term licences up to one year for prescribed purposes under the CLM Act. Council Crown land managers have the ability to grant short term Licence Agreements during the initial period without requiring the Minister’s consent. As Council does not have compliant plans of management in place for all Crown reserves, short term Licence Agreements will be the only form of tenure available this year. To continue with our good governance processes, Council officers carried out the open and transparent public competition process.

The annual Expression of Interest process (EOI) 58/18 for the use of Council Reserves was conducted by Council officers between 21 September 2018 and 24 October 2018. The tender was available on Council’s e-Tendering portal. A total of eight (8) expressions of interest were received and evaluated against the set criteria by a Tender Evaluation Panel comprising of Council’s Supply Services Coordinator and Property and Facilities Coordinator.

All eight EOI submissions were considered to be conforming and minimal conflict between the proposed uses has been determined. The EOI’s received were from the following:

· Bermagui Board and Bus;

· Bermagui Growers Market;

· Coastlife Adventures;

· Epic Health and Fitness;

· Expresso Yourself Mobile Café;

· Fishpen Charters in partnership with Lisa and Luke Adams;

· Tarryn Lucas Fitness;

· Tathra Beach Personal Training Studio;

In addition, Council officers received a late submission from Jake Closter, Trading as Real Health Coaching and Personal Training for the use of Ford Oval for personal training activities. The late submission was evaluated against the set criteria by the Tender Evaluation Panel and Council officers suggest it be dealt with under this process.

Options

The options available to Council are:

1. Approve all short term Licence Agreements to the successful applicants as recommended in this report. This option will ensure the use of Council owned and managed reserves by third party commercial operators is appropriately managed.

2. Council does not proceed with the proposed short term Licence Agreements as recommended in this report. As majority of these operators are currently utilising the Council owned and managed reserves without occupation agreements in place, this option is not recommended as there is no way to appropriately manage their use without a formal Licence Agreement which contains appropriate indemnity and insurance clauses.

Community Engagement

Consultation undertaken

Council officers completed an EOI process via public tender between 21 September 2018 and 24 October 2018. The tender was available on Council’s e-Tendering portal and publicly advertised on Council’s website and Facebook page.

Consultation Planned

Council officers will liaise with third party applicants who submitted EOI submissions to formalise their use/occupation of the Reserve/s over the coming weeks.

Council consideration of input

Council officers have received a formal complaint in relation to the operation of fitness training from Spencer Park. The complaint relates to noise generated by the current fitness training operators who use the reserve without formal tenure arrangements in place. Council officers believe this issue can be appropriately addressed in the proposed short term licence agreements by including a condition that prohibits the use of amplified music.

Financial and resource considerations

It is proposed each of the Licence Agreements be based on fees adopted in Council’s fees and charges schedule or current market rental value, as determined by a third party valuer.

Council’s Management of Leases and Licenses Procedure provides that:

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

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

Council Crown land managers are required to ensure all monies received from the use of community land is directed to maintaining and sustaining long-term use and enjoyment of the reserve/s.

The income generated from leasing and licencing is a primary form of funding for a Crown land manager. It allows Council as Crown land manager to cover long-term running costs (at a minimum) and invest over the long term for future generations to use and enjoy the Crown land in the community.

Legal /Policy

From 1 July 2018, Councils manage appointed Crown reserves under the public land provisions of the LG Act, including the granting of licences. Interim arrangements under clause 70 of the Crown Land Management Regulation 2018 allows Council to grant short term licences on Crown land until either a plan of management is adopted or the Crown land is classified as operational land with the Minister’s consent.

As the proposed short term Licence Agreements may affect Native Title interests in the reserves, Council officers will be required to carry out risk assessments for each proposal with regards to Native Title. When exercising powers provided by the transitional arrangements, Council Crown land, managers must obtain written advice from a qualified Native Title manager that any licences comply with Native Title legislation. The appropriate clauses will be included in the short term Licence Agreements to address Native Title and Aboriginal Land Claim interests. Staff are of the opinion that the issue of 12 month licences would have minimal effect on the Native Title and Aboriginal Land Claim interests.

Council’s Use of Public Land (Local Approvals Policy) authorises short term uses of Council owned and managed Crown Land for many purposes including mobile food vending, fitness training and recreational activities, however a licence to occupy the site is required. As such, each of the proposed Licence Agreements will be dealt with under the LG Act and CLM Act and in accordance with Council’s Management of Leases and Licenses Procedure and Use of Public Land (Local Approvals Policy).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

All of the EOI’s received were evaluated based on the following criteria:

Criteria	Weighting
Economic activity, made up as follows:
Demonstrates how the activity will generate local economic activity and supply for local business.	10%
Demonstrates how the activity will attract external visitation to the area.	10%
Demonstrates how the activity will enhance the enjoyment for reserve users.	10%
Other benefits to the community, made up as follows:
Demonstrates what the level of community participation will be.	15%
Demonstrates what other benefits the community will receive from the activity.	15%
Experience and qualifications, made up as follows:
Demonstrated previous experience in the proposed activity.	10%
Evidence of appropriate accreditation and/or qualifications supplied.	10%
Sustainability, made up as follows:
Is the activity self-sustaining?	10%
If not, how likely is it that the activity will continue without ongoing external support?	10%

All fees obtained for the occupation and/or use of Council owned and managed Crown Reserves assist with on-going maintenance and improvement of those Reserves.

Economic

Each of the proposals received provide a level of economic activity or benefit to the community.

Risk

There are no adverse risks in allowing third parties to operate commercial activities from Council owned and managed reserves so long as their use is authorised by way of a formal Licence Agreement which contains appropriate indemnity and insurance clauses.

Attachments

Nil

Council 21 November 2018

Item 12.1

12.1. Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve

Council at its meeting on 31 October 2018 resolved that the matter be deferred to the meeting to be held on 21 November 2018.

This report presents to Council legal advice on processes and potential implications of implementation of the Council Resolution of 1 May 2018 relating to Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve. The report also provides a further overview of issues and options for the implementation of the Site Management Plan, considering that advice and ongoing enquiries and correspondence from resident groups.

Director Assets and Operations

Officers Recommendation

1 That the information in the report and the legal advice attached be received and noted.

2. That Council undertake further community consultation to again assess the local community’s interest in managing the site and improving native vegetation and wildlife habitat or clearing areas to increase mown parkland area.

3 That it is acknowledged the site is one of a broader network of reserves across the Shire and that there are limitations in resources available.

Executive Summary

The area subject of the Site Management Plan – Tura Head Coastal Reserve (The Point) and Dolphin Cove is one of a network of over 20 natural areas managed by Bega Valley Shire Council (BVSC) across the Shire. A Site Management Plan (SMP) for the area had been developed (available at: https://www.begavalley.nsw.gov.au/page.asp?f=RES-FLZ-00-84-55) following requests from the community and referencing feedback from a community workshop and further online community survey.

With the development of the SMP a volunteer group has been established to assist in implementing the SMP. The volunteer group as it stands, has a mixture of individuals that don’t align themselves to any particular community group whilst there are other members who have clear affiliations with particular community groups.

In particular two local community groups have been established in the northern part of Tura Beach, each having differing views on the management of the reserve. In general terms the Living with Nature Group would like to see management consistent with the current Community Land Classification of Natural Area Bushland. The North Tura Beach Residents Association would like to see an increased clearing of vegetation and much increased mown areas, regularly referencing the land use zoning of RE1 relating to the land.

The SMP that had been in place prior to the Resolution of 1 May 2018 reflects the consultation feedback and provided a balanced approach to making improvements relating to the highest rating values and items from the community consultation. SMP’s are useful in that they define works and provide direction to both the volunteer groups and BVSC officers in supporting those works. The SMP was published March 2018 in preparation for the establishment of the volunteer group.

Upon reviewing Council’s Resolution of 1 May 2018, officers identified concerns that immediately implementing Council’s Resolution may potentially cause a breach of legislation. Legal advice in regards to that concern is attached to this report. From the legal advice it is evident there are a number of steps that would be required prior to being able to consider whether the modified actions (by Resolution) within the SMP could be legally implemented.

This report also provides information to give some context to the management of the site and the use of resources across natural areas across the Shire. Options to move forward with the management of the site are provided to Council.

Background

At the Council meeting on 11 October 2017 Council considered the report 9.3 Tura Beach Coastal Reserves and resolved:

1. Council acknowledges the submissions and opinions expressed by members of two local interest groups and by the broader community and thank them for their input.

2. Council adopts the agreed actions as outlined in Attachment 4 of the report to be undertaken as annual budgets, successful grant funding and staff resources permit.

3. That Council re-establishes emergency access previously provided at Dolphin Cove and The Point.

4. That Council re-establish native grasses that have been colonised by invasive species such as sallow wattle, kikuyu and African love grass.

5. Council calls for expressions of interest from community members to establish a volunteer group to assist in the management and maintenance of the public reserves in the vicinity of The Point and Dolphin Cove Drive, Tura Beach.

The Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve was developed and published on Council’s website in March 2018. Expressions of interest were called for community members to establish a volunteer group at the site.

At the Council meeting on 1 May 2018 Council considered the Notice of Motion 18.1 Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve. Council resolved:

1. That the following items be further clarified and the information provided to Councillors by memorandum, for inclusion in appropriate works plan for the site:

· Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

· Management of vegetation canopies on both sites

· Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

· The extent of future vegetation and general site management for The Point site.

· The use intermittent native plantings - not bollards or a walking track - to delineate APZs.

2. That the following Items in the Site Management Plan Attachment A be amended as follows:

· Item 3 – remove installation of bollards

· Item 5 - add the following wording “Remove vegetation in Dolphin Cove Carpark and also clear access path to a width of 3 metres wide to the top of the northern beaches

· Item 6 – amend to read “Remove all Vegetation identified in area 12”.

· Item 12 – Remove the entire item

· Item 13 – amended to read “Update signage”

It is noted the above Resolution differs from the initial Notice of Motion in that part 2 was not included in the original Notice of Motion (i.e. officers had not the opportunity at the time to assess the impacts of the Resolution).

As requested in item 1 of the Resolution a Memo was prepared and distributed to Councillors on 13 June 2018 providing information requested. A copy of that Memo is attached. In drafting that Memo, officers reviewed actions in item 2 of the Resolution and identified that implementation of some of those items may breach legislation or, at the least would require a process of formal site assessment, reporting and approvals which would likely take considerable time and incur costs. This advice was also included in the Memo to Councillors.

Community Engagement

There has been community consultation and engagement related to the management of the site. In reviewing results of community consultation, it is worth considering the statistical figures relating to the community the feedback will represent, and what percentage of feedback is considered reasonable to direct a significant change in the status quo or exhibited documents.

In referencing the local community the figures below can be useful.

· The population of Tura Beach / Mirador area - 3820

· The number of properties within 1km of the SMP site – approximately 620

· The number of people that attended the community drop-in session at Tura Marrang Library on 29 June 2017 – approximately 90.

· The number of people that responded to the online survey after the community drop in session - 192 (144 from the Tura Beach area)

· The number of people that wrote submissions objecting to the published SMP – 11

· The number of people that wrote submissions supporting the SMP – 4

While the number of people providing submissions and feedback to consultation is important it is also important to be mindful of the comparative number that do not. People might not provide feedback for several reasons including:

· They were not aware of the consultation or opportunity to provide feedback.

· They are happy with what has been presented.

· They are ambivalent or not very interested in the issue.

While those that live very close to the reserve may perceive they have a higher level of ownership, the area is managed on behalf of the broader community. It is part of a broader network of parks and reserves that are managed by Council. This is important as the resources available to manage the broader network of parks and reserves needs to be considered to develop a consistent approach to reserves and use of resources. If higher levels of resources are used in one area they will then not be available for use in others and delivering a consistent approach to reserve management will not be able to be achieved.

Consultation undertaken

A community drop-in session was held at Tura Marrang Library on 29 June 2017 as an opportunity for community members to express their opinions on the management and maintenance of Tura Beach Coastal Reserves and to discuss issues and concerns with Council officers as well as the Rural Fire Service. Approximately 90 people attended. This was followed by a workshop session the same evening. Overall there was a fair amount of community goodwill and genuine willingness to work together and with Council.

In the few weeks following the drop-in session, an online survey was undertaken seeking the opinions of community members. 192 people participated in the survey with 144 of them being from the Tura Beach Area.

Tables representing the results of feedback from the drop-in session and the online survey are provided below.

The Site Management Plan – Tura Head Coastal Reserve (The Point) and Dolphin Cove was not subject of a formal consultation process, rather the Plan was based on feedback from community workshops and online surveys. This feedback reflected the priorities of those that participated.

Site Management Plans are typically site specific operational plans. While they are discussed with groups with an interest in the site they are not ordinarily subject to a formal public consultation process. Over time SMPs can change reflecting works completed and changes to the site. However they do not change beyond the scope of the Community Land Classification.

Financial and resource considerations

As stated above, the site is one of a network of natural areas managed by Council. The total budget available for managing vegetation and assets within natural areas is approximately $145k. (excluding fire hazard reduction works) across all sites.

Some members of the established volunteer group have very high expectations on the level of resourcing Council should provide to toward this site and specific actions within the SMP. It is appreciated there are improvements to be made to the management of the area and the SMP reflects this however the area needs to be managed in conjunction with other natural areas across the shire, many of which also require works to manage issues on those sites.

The following is a summary of resourcing that has gone into the SMP site since 1 July 2018

Resourcing		Amount
Staff time event preparations	hr	25
Staff time event attendance	hr	27
Staff time administrative (reporting & correspondence)	hr	25
Materials costs	$	4184
Contractor costs	$	11590

There is no question the high level of resourcing to this site will impact on delivery of works in other areas. It will not be possible to continue to resource the site at current levels without reducing works or reallocating funds from other budget areas.

Should Council consider it preferable to continue to pursue implementation of the modified SMP (i.e. with additional clearing) it is likely there would be further considerable financial implications. Firstly, this would involve undertaking a review of environmental factors (REF) as outlined in the legal advice which may then subsequently trigger the need for a species impact statement (SIS), biodiversity development assessment report (BDAR) or environmental impact statement (EIS).Legal /Policy

As a consequence of concerns raised over the ability to implement Council’s Resolution of May 2018 and the obvious differing opinions of different community groups, legal advice was commissioned from Lindsay Taylor Lawyers to provide advice in regard to:

· Confirmation of what legislation applies to management of the site.

· Is the level of information that was used to inform the SMP and referenced in the SMP in regard to the use of land, appropriate vegetation management and/or level of clearing sufficient to stand up if legally challenged?

· Would implementing the Council Resolution above breach the legislation applying to management of the site?

· If implementing the Notice of Motion 18.1 1 May 2018 Resolution is possible without breaching legislation what processes, steps and levels of evidence would be required?

Accompanying the request for legal advice were copies of:

· Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve February 2018

· The Council Notice of Motion and Resolution 18.1 Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve.

· Memo to Councillors - Notice Of Motion: Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve 13 June 2018.

There is a risk Council will be exposed to a breach of legislation if the site is over cleared and there is a potential that threatened species will be affected. A copy of the complete advice from Lindsay Taylor Lawyers is attached to this report. In regard to implementation of the Resolution the advice states among other things:

17. However vegetation clearing itself (as proposed in the Resolution) is not exempt development, and there may be other activities which cannot fall within the criteria for exempt development in the ISEPP.

20. The SMP does not contain an assessment of the likely effect of the SMP Activities on the environment as required by the EPA Act, EPA Reg and BC Act. Therefore there would be a breach of the EPA Act and BC Act if the SMP Activities (other than the Exempt Activities) were carried out without any additional assessment.

21. Council may determine that those SMP Activities requiring assessment can be carried out once the assessment required under the EPA Act and BC Act is complete. However this would depend on the results of that assessment. It may be that the assessment would need to include preparation and public exhibition of an environmental impact statement (EIS) and species impact statement (SIS) or biodiversity development assessment report (BDAR) under the BC Act, or, if the only likely significant affect was on threatened species, then the preparation of a SIS or BDAR only.

79. As a result of the discussion above, if Council proceeded to implement the SMP as modified by the Resolution, Council would breach Division 5.1 of the EPA Act and the BC Act.

80. However, this does not mean that Council cannot implement the Resolution and SMP.

81. The Exempt Activities can be carried out provided Council has properly considered the criteria for exempt development in clause 20 and 66 of the ISEPP, and is satisfied the Exempt Activities meet that criteria. They could require a permit under the Vegetation SEPP if vegetation removal or pruning is required.

82. If Council wishes to implement the Resolution and SMP in full, it must carry out the assessment in accordance with Division 5.1 of the EPA Act of the remaining SMP Activities, in particular the vegetation removal, including having regard to the factors in clause 228 of the EPA Reg, and complying with the BC Act in respect of the assessment of the impact on the environment, and the habitat and any identified threatened species or communities on the Reserves and Crown Land.

83. That is usually done through an REF (although there is no such document referred to in the legislation).

84. If Council determines that the SMP Activities are not likely to have a significant effect on the environment, including those species and communities, then it can determine to proceed and implement the Resolution and SMP.

Applying a balanced approach to management of the reserve showing consideration of the classification of the land, use of the area and management issues will greatly reduce any potential exposure to breaching legislation. Whilst reference to and understanding of legislation is important it is ultimately a last resort method of risk management and control.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Community Strategic Plan

Management of Natural Areas is related to the following Community Strategic Plan items.

Goal 5: Our air and water is pristine and our natural environment and rural landscapes are protected:

· Strategy 10: Support innovative land use policies, government and community/business partnerships, and community engagement activities that care for and enhance the natural environment.

· Strategy 11: Ensure land use planning and resource use protects the quality of the natural environment, the existing character of rural landscapes and the high value agricultural land.

Asset Management

North Tura Beach reserve is currently classified as ‘local’ within Council’s asset management hierarchy. It is mainly used by locals. Increased parkland development will see increased use and demands on the local area, which will have an impact on local residents.

Throughout the Shire, different localities have different mixes of facility provision. In most cases this has simply evolved over time. The North Tura Beach / Dolphin Cove area is not dissimilar to many costal residential areas across the Shire. Typical assets include beach access paths and trails, viewing platforms and stairs. It has been acknowledged there can be more work done in the regular maintenance of these assets across the Shire.

Many local residents across the Shire would like to see improvements in their local area. It is difficult for Council to meet all these requests. The key asset management issue raised in the consultation feedback in the North Tura Beach / Dolphin Cove area are related to paths and access. The SMP identified scope to improve accessibility, particularly to the path leading to the southern viewing platform and grassed area surrounding it. This would enable more people better access to this popular area. A grant application was made based on the SMP identifying this need. That application was successful and there is now a funded project to improve trail to the southern platform.

Community Land Plan of Management and Bega Valley Local Environment Plan

The Community Land Generic Plan of Management and the BVLEP 2013 both apply to the land subject of this report. The former (the POM) identifies Council’s intentions for the reserves as the owner of the land (on behalf of the community). It reflects current use and management of the area. Any proposal for a change of use or change in management must first be considered by Council in the context of the plan of management. If the plan of management is supportive, that proposal can proceed for consideration against the BVLEP which identifies land zoning and development types that are permitted in that zone. The BVLEP does not direct that development has to occur. The POM explains the inter-relationship between the relevant legislation (refer page 8).

If Council had a reason to change the categorisation of the land or part of the land due to an identified need then such a proposal could be exhibited under the provisions of the Local Government Act 1993. If warranted the change to the categorisation could proceed and then the land or part of the land could be developed accordingly (pending assessment against the provisions of the BVLEP 2013).

Site Management Plan

Council uses site management plans on several sites across the Shire to provide direction and consistency in delivery of operations and maintenance works, particularly where there are volunteers active on those sites. They refer to relevant planning and legislation but are fundamentally an operational plan that identifies and prioritises site issues and in turn works and treatments to manage those issues. They do not change the use or community land classification.

However despite the Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve being based on feedback and responses from community consultation it has been relatively contentious.

Environmental / Sustainability

Natural reserves including those subject to this report contribute significantly to the local conservation of native birds, animals, trees, shrubs and ground cover. Many people enjoy living close to the natural environment. Sensitive management is required for the bushland to co-exist in coastal urban settings such as Tura Beach.

Issues at the urban/bushland interface are not uncommon. Those issues include: increasing weed management; urban stormwater management; garden encroachments; dumping; views from private and public land; recreation and access; increased ‘edge’ area; bushfire hazard management; and feral animal control. Many coastal reserves, towns and Shire areas experience these problems.

As is identified in the SMP there have been recordings of threatened species in the area. Over clearing will be a risk to biodiversity in the area. This risk is managed to a degree through legislation. Implementation of the 1 May 2018 Council Resolution is a particular problem in this regard as the area proposed to be cleared, provides the habitat corridor linking Bournda National Park to the north and the Tura Coastal reserves to the south.

A considered approach is needed to achieve a balanced outcome to be able to retain the benefits of living near nature, whilst managing the changing uses, interests and impacts on that natural areas that comes with urbanisation. The SMP has identified key issues raised by the community through the consultation process and identifies treatments and required resources to manage them in a balanced way.

Economic

There is increased awareness of how a network of well managed natural areas and recreation assets within them can contribute to the local economy through nature based tourism. This has been a key factor in recent successful grant applications.

Social / Cultural

The area and conflicting views to the management of the area have become contentious within the local community. That being said, there were some common ground items and improvements which can and should be made over time to the area. The SMP has looked to draw out the areas of commonality as areas to focus on.

Risk

Environmental – Environmental risks have been discussed above.

Reputational – Making significant changes to the management practice of a reserve outside of the scope of the adopted community land category without following due process and considering the broad views of the community may cause reputational risk.

Legislation – As detailed in the attached legal advice, over clearing of the area without detailed site assessment and approvals could result in breach of legislation and legal action against Council.

Financial – Undertaking detailed site assessments and reporting will incur additional unplanned costs to Council. It should be noted that it is not clear that relevant approvals will come from this additional reporting and cost.

Fire - Some community members and one of the local groups have continually expressed concerns of the risk of fire in the public reserves. Council officer’s work closely with the Rural Fire Service (RFS) to ensure appropriate fire hazard reduction measures including asset protection zones (APZs) are maintained across the Bega Valley. The RFS have responded to several enquiries from residents in the area and have stated the existing fire hazard reduction measures comply with RFS guidelines.

Options

In light of the information included in this report and the legal advice attached, the following are options which Council may consider.

1. Work toward goals and strategies identified in the Community Strategic Plan and endorse the current Site Management Plan to progressively make improvements to general appearance, weed management, paths and trails, emergency access.

2. Commission site specific studies and reports required as the first step in the process for increased native vegetation clearing in the area as directed by item 2 in the Council Resolution of 1 May 2018, noting those reports might not result in approval for increased native vegetation clearing.

3. Undertake further community consultation to again assess the local community’s interest in managing the site and improving native vegetation and wildlife habitat or clearing areas to increase mown parkland area.

Attachments

1 ⇩. Lindsay Taylor Lawyers - Legal advice re legislation related to BVSC Notice of Motion and Site Management Plan Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve.

2 ⇩. Memo to Councillors NOM Site Management Plan Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve PDF

Council 21 November 2018

Item 12.3

12.3. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 3 October 2018.

Director Assets and Operations

Officers Recommendation

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

1810.SE.065 Pambula Late Night Shopping 20 December 2018

Recommendation

1. That, subject to conditions, Toallo Street, Pambula is temporarily closed between the intersections of Quondola Street and Merimbola Street, from 5pm to 9pm on Thursday 20 December 2018.

2. That the proposed event 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 fully implement an approved Special Event Transport Management Plan.

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

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

7. That the event achieves all conditions of Council’s Use of Public Land approval.

1810.SE.066 Tathra Wharf to Waves January 2019

Recommendation

1. That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 19 January 2019 be approved.

2. That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 19 January 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the 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 fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6. That prior to conducting the event, organisers have written approval from NSW Police Force and NSW National Parks and Wildlife Service.

7. That the organisers advertise the change to traffic conditions for the event.

8. That local emergency services and transport operators be notified prior to the event.

1810.SE.067 Tathra Mountain Bike Enduro June 2019 (Alternate Date August 2019)

Recommendation

1. That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 8 June and Sunday, 9 June 2019 be approved. If the event is unable to proceed on Saturday, 8 June and Sunday, 9 June 2019, then Saturday, 24 August and Sunday, 25 August 2019 be approved as alternate dates for the event.

2. That the event 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 the Traffic Control Plan is to reflect the following:

a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

b) Use of cycle track is not available for racing purposes, as it is set aside for casual users.

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

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

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

7. That organisers have written approval prior to conducting the event from the NSW Police, the NSW National Parks and Wildlife Service, and the NSW Department of Primary Industries, Crown Lands.

1810.SE.068 Installation of accessible parking Alice Street car park

Recommendation

1. That Council approves the installation of an accessible car space adjacent to the existing accessible car space in the lower section of the Alice Street car park.

1810.SE.069 Installation of accessible parking lower level of the Merimbula Wharf car park

Recommendation

1. That Council approves the installation of an accessible car space adjacent to the Merimbula Wharf building on the car park lower level.

1810.SE.070 Relocation of accessible parking space adjacent Bega Netball courts

Recommendation

1. Council approve the upgrade and subsequent relocation of the existing accessible car space at the Bega recreation car park to enable it to brought up to current standards which will require the adjacent car space to be the new accessible car space.

1810.RSP.072 Adjustment of proposed parking restrictions lower level Merimbula Wharf car park (LTC meeting 01.08.2018)

Recommendation

1. That Council approves the reduction of the proposed “No Stopping” zone on the eastern side of the access road to the lower car park from 28 metres to 15 metres.

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 are 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 21 November 2018

Item 12.4

12.4. Tathra to Kalaru Bike Path - Land Matters

Council is proposing to compulsorily acquire Lot 752 DP1247622, being a section of Lot 75 DP 750236 and Lots 1082 and 1083 DP 1247620, being sections of Lot 108 DP 750236 for road widening purposes to accommodate the new bike path between the townships of Tathra and Kalaru.

Director Assets and Operations

Officers Recommendation

1. That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 752 DP 1247622, being a 1359m2 section of Lot 75 DP 750236 from Christine May Hamilton and Bruce Hamilton, by compulsory process in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under Section 177 of the Roads Act 1993 (NSW).

2. That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 1082 DP 1247620, being a 6930m2 section of Lot 108 DP 750236 and Lot 1083 DP 1247620, being a 2765m2 section of Lot 108 DP 750236 from Benjago Developments Pty. Limited, by compulsory process in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under Section 177 of the Roads Act 1993 (NSW).

3. That Council note the subdivision of Council owned Operational Land being Lots 740 and 741 DP 1013100 for the purposes of accommodating the new bike path.

4. That minerals are to be excluded from these acquisitions.

5. That these acquisitions are not for the purposes of resale.

6. That it be noted Council intends to dedicate the land, as referred to in recommendation 1, 2 and 3 above, in the NSW Government Gazette as a public road under Section 10 of the Roads Act 1993 (NSW).

7. That the General Manager and Mayor be delegated authority to make the applications to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land parcels by compulsory process under Section 177 of the Roads Act 1993 (NSW).

Executive Summary

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

A Resolution of Council is now required to proceed with an application to the Minister for Local Government and/or Governor for compulsory acquisition of the private land parcels.

Background

Council resolved at its Ordinary Meeting of 27 June 2018 to proceed with the land acquisition needs for the construction of a new bike path between the townships of Tathra and Kalaru, however at the time the Resolution was made the correct lot and deposited plan details were not known for the sections of land proposed to be compulsorily acquired. The proposed acquisition plans were lodged with Land Registry Services to define the land required and although both plans have not yet been registered, they have been allotted plan numbers. It is unlikely the allotted plan numbers will change. Council is now in a position to proceed with an application to the Minister for Local Government and/or Governor for acquisition of the private land parcels.

As outlined in the report of 27 June 2018, the bike path project is funded under the NSW State Government 2017-2018 Active Transport Program and is managed by Bega Valley Shire Council. The track has been designed to be located within the existing road reserve wherever possible and has been adjusted to suit the existing site topography and design around existing vegetation has been achieved. A combined boundary adjustment plan is attached to show the full extent of the bike path.

Council sought consent from Department of Primary Industries – Crown Lands to transfer the section of Crown road shown in red on the attached Gazette Notice to facilitate the bike path design. Under Section 151 of the Roads Act 1993 (NSW) a formal gazettal notice was published on 21 September 2018 dedicating the road to Council as the roads authority.

Significant consultation with the affected landowners has taken place to date and is documented in the attached record of consultation for the information of Councillors. Unfortunately, Council officers have not been able to reach agreement with two of the affected landowners and have been left with no choice but to acquire the small portion of land required for construction of the bike path via a compulsory process without the agreement of the land owner.

Council must now complete the process of compulsory acquisition by making an application to the Minister for Local Government, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) to deliver the project.

Options

The options available to Council are:

1. Council approve the compulsory acquisitions of land for road widening purposes to ensure the NSW State Government funded project to construct a new bike path between the townships of Tathra and Kalaru can be met.

2. Council does not proceed with the compulsory acquisition of land and advises Council officers to explore other options to facilitate construction of the new bike path. Council officers note there would be a high risk of not being able to deliver the project if this option is chosen.

Community Engagement

Consultation undertaken

Under the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW) a mandatory 6 months negotiation period for proposed acquisitions before the compulsory acquisition process may be commenced is necessary. Council officers have carried out significant ongoing consultation with the landowners since October 2107 in an attempt to reach agreement. All negotiations have been documented in the attached record of consultation and will be included in the Application to the Office of Local Government.

Financial and resource considerations

Market valuations were obtained from Opteon Property Group to determine the compensation payable to the land owners for the portions of land required for road widening purposes and were determined pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). The attached valuation reports outline compensation amounts, however it is noted as the land is proposed to be acquired by a compulsory process without the agreement of the landowners, the Valuer General will be directed to determine compensation payable.

Upon receipt of the valuation reports prepared by Opteon Property Group, copies were provided to property owners and negotiations were undertaken. Council officers were approached by the owners of Lot 75 DP 750236 seeking a second opinion on compensation payable for the acquisition. The property owners requested to use the services of Walsh and Monaghan Valuers to provide a second valuation and Council officers agreed to support the request in an attempt to come to an agreement. There was a significant difference in the two valuations received so Council officers sought further advice regarding the matter which is attached for the information of Councillors.

Based on this advice Council officers advised the owners of Lot 75 DP 750236 that in order to comply with our due diligence, Council could not support the payment of compensation as determined in the valuation report prepared by Walsh and Monaghan Valuers. Council officers also offered to look at negotiating a Land Swap agreement with Council’s adjoining operational land as an alternative approach. As neither of these options are acceptable to the land owners, Council officers have advised Council will seek to compulsorily acquire the land.

Council’s Property Services officers and external legal providers will be required to finalise the acquisition process and all associated fee will be funded from the NSW State Government grant.

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 without the consent of the land owners under the provisions of the Land acquisition (Just Terms Compensation) Act 1991 (NSW). The applications for compulsory acquisition will be made to the Office of Local Government and require a recent Resolution of Council, for this reason a Resolution is required to be obtained now that the plans of acquisition have been allotted plan numbers by Land Registry Services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environmental / Sustainability

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

Economic

The proposed bike path has the potential to:

• Provide an economic impact through jobs creation

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

Risk

If the compulsory acquisitions do not progress, Council will have no way of delivering the NSW State Government funded project.

Attachments

1 ⇩. Combined Boundary Adjustment Plan

2 ⇩. NSW Gazette Notification of 21 September 2018 - folios 6691-6692

3 ⇩. Plan of Acquisition - Deposited Plan 1247622

4 ⇩. Plan of Acquisition Lot 108 DP 750236 Sheet 1

5 ⇩. Plan of Acquisition Lot 108 DP 750236 Sheet 2

6 ⇩. Plan of Subdivision Lots 740 and 741 DP 1013100

7 ⇩. Council Report - Tathra to Kalaru bike path - land matters 27 June 2018

8 ⇨. Opteon Valuation Report Lot 75 DP 750236 (Councillor Only)

9 ⇨. Walsh and Monaghan Valuation Report Lot 75 in Deposited Plan 750236 (Councillor Only)

10 ⇨. Advice regarding Opteon Property Group valuation report (Councillor Only)

11 ⇨. Opteon Valuation Report Lot 108 DP 750236 (Councillor Only)

12 ⇨. Record of consultation with land owners regarding Tathra to Kalaru bike path (Councillor Only)

Council 21 November 2018

Item 12.5

12.5. Tathra to Kalaru Bike Track - Tathra Path Alignment

This report provides a recommendation to Council for the final alignment of the shared path on Bega Street, Tathra, as part of the overall bike track connecting the townships of Tathra to Kalaru.

Director Assets and Operations

Officers Recommendation

1. That Council note the information provided in the report and attachments.

2. That Council acknowledge the community feedback from the community consultation and public exhibition on the alignment of the Shared Path on Bega Street, Tathra.

3. That Council endorse Option One: North Side of Bega Street and proceed with the final design, tender and construction of this segment of the Tathra to Kalaru Bike Track.

Executive Summary

This report details the outcomes of the public exhibition and community consultation process for Tathra segment of the Tathra to Kalaru Bike Track and community feedback on the options proposed.

It is recommended Council proceed with the finalisation of the design, tender and construction for Option One alignment: North Side of Bega Street.

Alternative alignment options were considered and are discussed within the report with two viable path alignment options along Bega Street, Tathra identified.

The report provides a recommendation that Option One be endorsed by Council on the basis that it provides the most efficient use of the road reserve and provides the greatest benefit to the wider community.

Background

On 22 September 2017 Council were recipients of $3M in funding under the NSW State Government 2017-18 Active Transport Program for the design and construction of a 4.6km bike track between Tathra and Kalaru.

The project represents the first stage in creating a cycling network between Bega and Tathra.

The overall path alignment begins at the Bus Stop in Kalaru and travels along the Tathra Road, crossing Sapphire Coast Drive on the southern side and continuing along the Tathra Road up Evans Hill into Tathra.

Once in Tathra, the path will run along Bega Street and connect and finish at the Tathra Public School.

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

The path within both the townships of Kalaru and Tathra has been designed as a shared path where both pedestrians and cyclists share the same path space.

Options

Council officers investigated 6 different alignment options for the Tathra segment of the bike track as shown below:

Officers assessed each option against the alignment objectives of: directness; pleasantness; continuity; security; and safety, whilst also having to factor in the physical characteristics of the site and budgetary constraints. Attached to this report for reference is the supporting document 'Public meeting Notes - 27 August 2018' which on pages: 44-47 provides more in depth information and discussion on all options.

The result of this assessment revealed 2 viable alignment options which meet the requirements of the signed funding deed for a shared pathway:

Option One: the North Side of Bega Street within the existing road reserve

Option Two: the South Side of Bega Street, through Lawrence Park, crossing back over to the Northern side of Bega Street to connect into the School.

Both options are achievable within the current budget with a summary of the 2 options provided below:

	Option 1	Option 2
Description	Bega Street – North Side	Bega Street – South/North + Lawrence Park
Path Length	685m	720m
Separation from Road	Maximises separation between path and road for entirety of path	Located adjacent to road in section and off road edge once within Lawrence Park and Northern side of the Road
Road Crossings & Major Entries	1. Tathra Road before Killarney Street intersection (major road crossing) 2. Killarney Street intersection 3. Spurling Lane intersection 4. Koorilla Street intersection 5. Noojee Street intersection	1. Reservoir Street intersection 2. Bega Street before Tomigee Street 3. RFS Fire Shed site entry 4. Lawrence Park site entry (note both RFS & Lawrence Park are intermittent but high volume crossings and will require heavy vehicle intersections )
Driveways	Crosses 32 driveways on Northern Side of Bega Street (noting not all properties have access onto Bega Street and many have rear lane access)	Crosses 6 driveways on Southern side of Bega Street Crosses 8 driveways on Northern Side of Bega Street
Land Tenure	Located wholly within the road reserve and makes best usage of the existing road reserve for its intended purpose.	Located partially within road reserve. Will require some dedicated usage of Lawrence Park land
Parking Impacts	No nett residential loss of parking amenity on the road verge as a on street parking lane will be created	Limited loss of public parking along Lawrence park where path is required to travel
Vegetation Impacts	No loss of existing fig trees but will require management of existing vegetation to improve sight lines to driveways	Requires removal of some native vegetation along Northern side of Road
Path Usage	Caters for novice and intermediate cyclist users and for other road users (pedestrians, prams mobility devices)	Caters for novice and intermediate cyclist users and for other road users (pedestrians, prams mobility devices)
Directness	The most direct and logical option to reach the Public School without being on the road.	Direct and logical option to reach the Public School & allows for connection into Lawrence Park

Both options are fitting and viable in connecting the Bike Path to Tathra Public School however when reviewed holistically it is considered Option One- North Side provides the most efficient use of the road reserve and provides the greatest benefit to the wider community and therefore the preferred alignment option.

Community Engagement

Consultation undertaken

Council officers placed both the Kalaru and Tathra North Side path alignment designs on public exhibition on 25 June 2018 with the public exhibition closing on 13 July 2018.

During the public exhibition period Council received considerable feedback from both the local bicycling community and Bega Street residents who are directly affected by the proposed path alignment in Tathra.

A copy of the log of submissions has been appended to this report – note all names and contact details have been redacted for privacy.

Due to the extent of the feedback received and request from the community, a public meeting was held on 27 August 2018 at Tathra Public School with over 70 people in attendance. Council officers responded directly to the issues raised during the public exhibition period by the community and allowed the community to ask further questions.

A copy of the presentation along with the updated Post Meeting notes, which contained feedback for alternative path alignment options, has been appended to the report.

As an outcome of the consultation, Council officers reviewed the Alignment Option as discussed above in the Option section of the report and 2 viable options were identified.

These 2 options were placed on public exhibition for community feedback from 14 October 2018 until 4 November 2018.

As part of the public exhibition on the Council’s ‘Have Your Say’ webpage a poll was undertaken on ‘Which is your preferred alignment option for the Tathra Bike Track?’

The poll was set up to gauge community preference of the two options, and to take on board comments and feedback that can be fed back into the decision making process of Council rather than a binding poll.

A copy of the results of the poll which had over 1,000 votes including some commentary on the shortcoming of the polling process has been appended to this report.

Consultation Planned

Once a Resolution on the final path alignment is determined, Council officers will, in conjunction with the successful Contractor, undertake a construction impacts consultation to mitigate any disruption to traffic and residents during the construction phase.

Council consideration of input

A report to Council will be provided detailing the outcome of the Request for Tender (RFT) process for the Tathra Segment once the package of works has been tendered in the first half of 2019.

Financial and resource considerations

The project is 100% funded by the NSW State Government under the 2017-18 Active Transport Program.

Funding source		Amount
NSW State Government 2017-18 Active Transport Program – Tathra to Kalaru Bike Track	$	3,000,000

Legal /Policy

The project is to be delivered in accordance with the NSW Government 2017-18 Active Transport Program Funding Deed and must meet the NSW Government Walking and Cycling Program Guidelines 2018-19 for shared pathways.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the Vision and Goals and Short Term Priority proposals of the Bega Valley Bike Plan.

Environmental / Sustainability

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

Economic

The proposed bike path has the potential to:

· Provide an economic impact through jobs creation

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

Risk

The bike path has been designed in accordance with the 3rd edition of Cycling Aspects of Austroads Guides.

A Stage 2 Concept Design Road Safety Audit of the path has been undertaken by an accredited Level 3 Road Safety Auditor.

Social / Cultural

The proposed bike path has the potential to:

· Provide significant social and health benefits for the region

· Provide a safe and accessible route for cyclists and pedestrians

Attachments

1 ⇩. Tathra to Kalaru Bike Track Post meeting notes 27 August 2018

2 ⇩. Tathra to Kalaru Bike Track Public Exhibition Community Contact Log feedback

3 ⇩. Tathra Bike Track Alignment Consultation Report

Council 21 November 2018

Item 12.6

12.6. RFT 39/18 Mechanical Dewatering, Removal and Beneficial Reuse of Biosolids

This report details the outcome of the evaluation of Tenders received in response to Request for Tender (RFT) 39/18 Mechanical Dewatering, Removal and Beneficial Reuse of Biosolids.

Director Assets and Operations

Officers Recommendation

1. That Council accept the recommendation in the Confidential Memo to Councillors.

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 39/18, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items as per the Tender Panel recommendations.

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

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

Executive Summary

Tenders were called for through the Sydney Morning Herald, local media sources and Tenderlink on 20 March 2018 and closed 18 April 2018. Three (3) submissions were received from the following tenderers, in alphabetical order:

· Arkwood Organic Recycling

· Armstrong Resource Management

· Dredging Solutions

Background

Biosolids are nutrient rich organic matter resulting from the treatment of domestic sewage. Sewage treatment processes produces two main products namely treated effluent and biosolids (treated sewage sludge), both highly regulated in terms of safe beneficial reuse.

The potential benefits from recycling the soil-conditioning and nutrient resources in biosolids by land application have been well demonstrated and have led to the beneficial utilisation of biosolids internationally.

Biosolid management and land application as stipulated in NSW Environment Protection Authority (EPA) Guideline for the “Use and Disposal of Biosolids Products” can be designed and operated to be both cost-effective and environmentally acceptable. This is especially true for smaller communities which have high quality biosolids in terms of lower concentrations of chemical pollutants and are in areas where adequate agricultural land is readily available. The most desirable characteristic of biosolids is the ability to retain moisture once ploughed into agricultural land.

Biosolids also contain Nitrogen, Phosphorous and small quantities of Magnesium, Potassium, Sulphur, Calcium and other trace elements. Uniquely the Nitrogen content in biosolids is released slowly over a three-year period providing the farmer the opportunity to condition and enrich soil on a rotational basis.

Bega Valley Shire Council (BVSC) provides sewerage services to 18 towns, villages and localities. These services are provided via 10 separate sewerage systems that include 59 sewer pump stations (SPS) and 10 sewage treatment plants (STPs).

BVSC Treatment Plant Operations treats 1946 megalitres of sewage annually and produces on average 408 dry tonnes of biosolids. Currently BVSC uses drying beds to dewater sludge lagoons at the STPs in Bega, Bermagui, Eden, Merimbula, Tathra and Tura Beach. Due to historic capacity limitations in terms of drying beds and sludge lagoons, treatment operations and specifically dewatering of biosolids has become problematic with increased flow to the STP’s.

Sludge drying beds are not drying fast enough and consequently sludge lagoons become overloaded and the return flow to the STP can occasionally cause non-compliances with the EPA licencing.

Currently BVSC is disposing biosolids and sand from the drying beds to landfill. This poses future capacity challenges at waste facilities and with a moisture content of 85%, the biosolids also increase leachate formation in the waste facility and hence large disposal fee costs incurred by STP operations.

Treatment Plant Operations investigated mechanical dewatering of biosolids with the use of centrifuges or filter belt presses and found that this technology provides some options in terms of disposal. Primarily this technology unlocks the potential to safely and efficiently dewater sludge lagoons and transport dewatered biosolids to nearby farm land for beneficial reuse in accordance with the NSW EPA Guidelines.

The disposal of biosolids at the waste facility will always remain an option as not all biosolid batches will be acceptable for land application and there will be times where biosolids delivery will not be possible at farm land because of weather and soil conditions.

A tender specification was developed to attract contractors who can cost effectively mechanically dewater biosolids from 14 BVSC sludge lagoons. It is also a key requirement they have the experience and knowledge to transport and apply dewatered biosolids to nearby agricultural farm land in accordance with the NSW EPA Guidelines for the “Use and Disposal of Biosolids Products”.

Farmers will not be charged for the biosolid product or safe application thereof on farm land as operational cost associated with beneficial use will be less than transportation cost to waste facilities and waste facility disposal fees.

The successful appointment of a biosolids contractor also provides a long-term strategy for biosolids management without the provision of capital extensions of BVSC STPs in terms of additional sludge ponds and sludge drying beds. The contractor will be required to seek adequate agricultural land, obtain EPA approval, perform any soil and biosolid testing, manage beneficial use and provide the necessary results and reports to BVSC to meet our regulatory obligations.

Financial and resource considerations

The estimated cost for the project will be approximately $861,000.00 per annum.

Currently council pays approximately $500,000.00 per annum for partial removal and transporting biosolids to landfill. The current cost of $500K for the removal of sludge from drying beds will increase to $1M per annum as drying beds will have to be poured every 2 months instead of the current 4 monthly operation to achieve continued compliance without the inclusion of mechanical dewatering as planned. The benefits are:

· Less operational hours switching between lagoons trying to manage the sludge, and substantial lower risk of not complying with EPA Licence conditions.

· Land use benefits for local farmers

· Less strain put on the capacity of BVSC landfill sites

· No urgent capital extensions required of BVSC STPs in terms of additional sludge ponds and sludge drying beds.

Funding source		Amount
Treatment Plant Operations Budget for Bio Solid removal	$	880,000.00

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

The risk of not moving forward with this tender is the ongoing capacity pressure on waste facilities and being limited in our ability to dispose of the bio solids. In addition, there is an ongoing risk of failing EPA conditions due to over stressed sludge lagoons especially in peak holiday periods and wet weather events.

Social / Cultural

Moving forward with this recommendation will see social benefits experienced by Council adopting new methods to reduce landfill and fertilise land with reuse bio solid material.

Attachments

1 ⇨. RFT 39.18 Confidential attachment (Councillor Only)

Lease Site	Lessee	Site Size (m2)	Commencing Rental Fee (per annum)
LS-13	BP Australia	794.4m2	$10,255.70 (plus GST)

Council 21 November 2018

Item 12.8

12.8. Mirador Emergency Access

At the Council Meeting 31 October 2018, a report was presented for consideration relating to a secondary emergency access road to Mirador Estate. The item was deferred at the Meeting to seek further information.

Director Assets and Operations

Officers Recommendation

1. That Council consider the existing emergency access connection from Camilla Court to Berrambool Drive is adequate for an emergency access and undertake necessary maintenance to provide all weather two-wheel drive emergency access.

2. That officers investigate the alternate route connecting to Casuarina Place, Tura Beach through future stages of the Mirador Estate.

Executive Summary

At the 31 October 2018 Ordinary Council Meeting, a report was presented for consideration in relation to a secondary emergency access road at Mirador Estate. The full report has been included as an attachment to this report rather than duplicating. When considering the original report, Council resolved to defer the matter with additional information requested to be sourced.

Background

At the commencement of the Council Meeting on 31 October 2018, Council heard a deputation address in relation to the secondary emergency access to Mirador Estate. As part of that deputation it was stated some residents were unable to secure property insurance within the Estate as a consequence of not having a secondary emergency access road to the Estate. When the community member was asked by a Councillor if they were able to provide evidence to support their claim, they responded that evidence could be provided.

When considering the report during the meeting, Council resolved to defer considering the matter until evidence in relation to insurances was provided, also requesting whether there was reference in Bushfire Management Committee Meeting Minutes in relation to the Mirador Estate.

Council officers do not believe there is any reason to modify the recommendations made in the original report which is included below.

Council has recently received a petition requesting the reopening of the Berrambool Drive connection to the Mirador Estate. The petition, with 137 signatures, states “In light of the recent Tathra fires, we the residents of Mirador estate and concerned neighbouring areas require the currently blocked off access to Berrambool Drive reopened permanently to allow a fire escape route as required by NSW State Planning Authority”.

An emergency route exists connecting Camilla Court to Berrambool Drive through Council owned Community land. This existing emergency route was a result of previous concerns raised in 2012 through a Question on Notice. The response provided by the then Group Manager of Transport and Utilities Group proposed to construct an earth ramp linking the existing pavements of Camilla Court and what was the extension of Berrambool Drive. Construction was undertaken and exists currently, subject to some minor maintenance issues. The emergency access is currently restricted by a locked boom gate under Council control.

The Mirador Estate is an approved 275 lot urban subdivision originally assessed and approved back in the late 1980’s and early 1990’s. The estate has had several Modifications of Consent along with multiple developers/owners since its original approval. The take up of land in the early stages of the estate took several years, however there has been consistent growth with building development in the last 10 years. As a consequence, enquiries are being received regarding access through Berrambool Drive as the occupation rate increases.

The original Development Consent sets Condition No. 37 regarding the temporary access via Berrambool Drive to Camilla Court for the first 64 lots. The Development Consent goes on to state “the access to Berrambool Drive shall be established as a Temporary Road pursuant to Section 327A of the Local Government Act, 1919 as amended”. Once Road A (Mirador Drive) has been constructed to link to Sapphire Coast Drive, the temporary road shall be closed and established as public reserve, the constructed road pavement shall be removed and cul-de-sac bulbs shall be constructed at the ends of Berrambool Drive and Road H (Camilla Court).”

As a consequence of the Question on Notice in 2012, one lane of Berrambool Drive was removed and the access ramp and locked boom gate linking Camilla Court were constructed, thus complying with the original Consent Conditions. This access now provides an emergency access link to Berrambool if ever required and would meet the needs of the relevant emergency combat agencies.

Options

The options being considered are:

1. Retain existing configurations.

2. Undertake maintenance to the existing emergency access with an upgrade to a two-wheel drive standard. However consideration would need to be given regarding the status of the gravel section and what improvements would be permissible being Community land along with funding constraints.

3. Reopen the connection from Camilla Court to Berrambool Drive via a reclassification of land/compulsory acquisition and a public road opening. Council may reclassify Public land from Community land to Operational land by way of a Planning Proposal. Where this is the case, a public hearing must be held and a report provided to Council that contains details of the submissions made to the public hearing and recommendations. The public hearing must be carried out in accordance with relevant provisions of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993. Council is also required to give notice of the intention to hold a public meeting and engage an independent person to conduct the hearing. Based on the Planning Proposal times from commencement to completion this could be a 6-8 month process. This will also involve engaging a land surveyor to undertake the necessary surveys and prepare the survey plans for lodgement with the Land Registry Service. Along with plan preparation there would be associated legal costs re-establishing legal connection to the proposed road reserve alignment. The cost would be expected to be borne by Council (estimated up to $20,000). The legal costs and time frame would be significant and would be considered to be a lengthy option. The total cost of such a project would need to be further investigated and reported to Council as significant civil construction works would be required to provide a two-lane pavement.

4. Investigate options for an additional emergency access linking to Casuarina Place, Tura Beach through future stages of the Mirador Estate with the current owners of the balance of the estate. This would not only provide an additional emergency access for the Mirador Estate but would provide an emergency access for the southern section of Tura Beach.

Community Engagement

Consultation undertaken

To this date the only consultation undertaken has been with regards to the previous decision made by Council in 2012 and the community inter activeness generated by the recent petition.

Consultation Planned

Once a formal decision and direction has been adopted by Council, further consultation would be able to be undertaken where, deemed necessary.

Council consideration of input

This report is envisaged to provide Council with the opportunity to consider the matter and provide a preferred course of action. It is anticipated the adopted course of action will be further investigated and reported back to Council for final consideration and approval, along with more committed financial figures.

Financial and resource considerations

Dependant on Council’s preferred course of action, the financial burden to Council would need to be further investigated and reported back for final consideration.

Legal /Policy

Council is not required to determine the course of action for the treatment of the existing emergency access, in line with the provision for Planning for Bushfire 2006 regarding a secondary access, as the approval date of the Development Consent precedes the Planning for Bushfire 2006. There are no legal obligations for Council to retrofit the estate to meet the current legislation.

Policy 5.01 Asset Management set a broad framework for implementing consistent asset management processes throughout the Bega Valley Shire Council and to ensure adequate provision is made for the long term management of infrastructure assets by:

· Ensuring that Council’s services and infrastructure are provided in a sustainable manner, with the appropriate levels of service to users and the environment.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Councils Asset Management Plan, Transport – June 2017 states that it will operate and maintain assets to provide the defined level of service to approved budgets in the most cost-efficient manner. The operation and maintenance activities include regularly reviewing appropriate emergency response capability. The current configuration has been reviewed and the emergency access is to a sufficient standard to enable a controlled evacuation.

Economic

Lifecycle costs for any proposed continued annual maintenance of the existing formation needs to be taken into consideration when deciding on the best option. Council have expended budget previously in constructing the access ramp to its current standard. An annual maintenance program would need to be considered for budget purposes.

Options 2-4 would change the asset base of Council and need to be further reviewed to determine the full extent. Any upgrades do change Council’s maintenance regime.

Risk

The existing formation of the emergency access is to a sufficient standard to enable a controlled evacuation if required as directed by the lead emergency combat agency. The current risk has not changed since the construction of the current configuration.

Social / Cultural

The impacts to the community would be based on the uncertainty of continued maintenance of the emergency access in particular the unlocking of the boom gate. In times of emergency (fire) the gate would be controlled by the lead emergency combat agency (RFS) directing the flow of evacuation. This outcome needs to be relayed to the residents of the Mirador Estate.

Attachments

1 ⇨. Confidential Attachment NRMA quote 1 bushfire zone (Councillor Only)

2 ⇨. Confidential attachment NRMA quote 2 non bushfire zone (Councillor Only)

3 ⇨. Confidential Attachment email from Mirador resident to Rod MacDougall (Councillor Only)

4 ⇩. 1989.1180 Modified consent 6 February 2012 Lot 338 DP 1124839 Mirador Drive MERIMBULA

5 ⇩. mirador map showing existing and proposed emergency access

6 ⇩. mirador fire access showing tenure of land

Council 21 November 2018

Item 13.5

13.5. Grant of new lease - Eden Killer Whale Museum

Council has received a request from Eden Killer Whale Museum Management Committee Incorporated to surrender the remaining 4 year term on their current lease and for Council as Crown Land Manager, to grant a further twenty year lease to provide security of tenure.

Acting Director Community, Environment and Planning

Officers Recommendation

1. That Council receive and note the report.

2. That subject to determination of the Aboriginal Land Claim and Native Title Claim, Council as Crown Land Manager of Reserve (R62518), approve a further twenty year lease to the Eden Killer Whale Museum Management Committee Incorporated for their continued occupation of the Eden Killer Whale Museum for the annual rental fee of $3,640.00 per annum increased annually by CPI.

3. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of twenty years.

Executive Summary

The Eden Killer Whale Museum Management Committee Incorporated is seeking a new lease for their continued occupation of the Eden Killer Whale Museum site. In accordance with clause 70 of the Crown Land Management Regulations 2018 (NSW) renewal of existing leases over pre-Plan of Management Crown Land, for a term not exceeding 21 years, is permissible when there was a pre-existing lease in force immediately before the repeal of the Crown Lands Act 1989 (NSW) providing the new lease does not authorise any uses for the land that are additional to uses that were permitted under the previous lease.

In order to maintain transparency and avoid any suggestion of impropriety, Council’s decision to enter into direct negotiations with the current lessee has been addressed in this report and Council approval is sought to enter into a new lease with the Eden Killer Whale Museum Management Committee Incorporated for a further twenty years term.

Background

Council resolved at its Ordinary Meeting of 14 May 2002, to provide Eden Killer Whale Museum Management Committee Incorporated (EKWMMCI) with a twenty years lease to occupy the Eden Killer Whale Museum. The current lease commenced on 1 July 2002 and is not due to expire until 30 June 2022. EKWMMCI have formally requested to surrender the remaining term of their lease and for Council as Crown Land Manager, to grant a further twenty years lease to provide them with the security of tenure they require to progress with proposed extensions. EKWMMCI have now received Development Consent (DA 2018.144) to progress with the extension to the building and wish to secure longer term tenure for this reason.

The Crown Land Management Act 2016 (NSW) (CLM Act) that came into force on 1 July 2018 authorises Councils that are appointed to manage dedicated or reserved Crown land, to manage that land as if it were public land under the Local Government Act 1993 (NSW) (LG Act). Generally Council Crown Land managers will manage land as if it were community land. Under the LG Act, a plan of management must be adopted for all community land. The plan categorises the land and governs its use and management. Compliant plans of management must be in place within three years of the CLM Act commencing, to ensure the Crown Land is lawfully used and occupied.

Prior to the adoption of a compliant plan of management over Crown Land, Council is able to renew existing leases for a term not exceeding 21 years, providing there is no change to the use.

Options

Council officers could carry out another public EOI process for the use of the building however in light of the limitations of the Crown Reservation as well as the recent Aboriginal Land Claim lodged by the NSW Aboriginal Land Council and Native Title Claim in the Federal Court over all South Coast Crown Reserves, continuing with the current occupancy arrangements is the preferred option.

Community Engagement

Consultation Planned

In accordance with the provisions of section 47 of the LG Act if Council proposes to grant a lease, in respect of community land for a period exceeding 5 years, it must:

· Give public notice of the proposal (including on the council’s website), and;

· Exhibit notice of the proposal on the land to which the proposal relates;

· Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and;

· Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Council consideration of input

To ensure the continued use and occupation of the reserve is appropriate for the lease, Council officers will consider:

· Compliance with the legislation, related policies and guidelines;

· Compatibility with the Reserve purpose;

· Native Title rights;

· Aboriginal land claims;

· Conditions of Development Consent 2018.144;

· Market value and providing a proper return to the public for use of the public land.

Financial and resource considerations

The EKWMMCI submitted an application for rental rebate, in line with Council’s Rental Assessment and Rebate Procedure. The application was evaluated using the matrix contained in the Procedure and the rental rebate achieved was 72%. An updated market rental assessment was commissioned by Council in May 2017 which indicated a rental figure in the order of $13K per annum could be achieved if it were to be leased on a commercial basis. The building has, for many years, been managed effectively by the EKWMMCI and it is considered the museum is currently the best available use for the site, taking into account the substantial financial investment by EKWMMCI over past years, the limitations of the Crown Reservation as well as the Aboriginal Land Claim and Native Title Claim lodged over the reserve.

On the basis that EKWMMCI are a not-for-profit community organisation, it is considered that should Council resolve to grant the new lease it be at the current annual rent of $3,640.00 plus CPI. In accordance with Council’s Management of Leases and Licences Procedure the EKWMMCI will be requested to complete a rental rebate application every five years and an updated market rental valuation will be commissioned to determine the appropriate rental for the following five year term.

Council officer time has been required to consult with the lessee and Crown Lands regarding the requirement for a new lease agreement. Ongoing management of the lease during the term will also need Council officer resources as required.

Legal /Policy

Council’s ability to lease Crown Reserves managed as community land is authorised by section 3.22 of the CLM Act, which requires the preparation of a community land plan of management, adopted by Council, to authorise the occupancy and use agreement.

The Council Crown Land manager is exempt from the operation of section 3.22 of the CLM Act during the initial transitional period of three years and prior to the preparation of a plan of management (pre-PoM) to enable transitional security and the operation, management and use of tenures. This exemption is pursuant to clause 70 of the Crown Land Management Regulation 2018 (NSW) and applies to the renewal of existing leases over pre-PoM Crown land for a term not exceeding 21 years if there are no additional permitted uses for the land, there was a lease in force over the land immediately before the repeal of the Crown Lands Act 1989 (NSW) and there are no permitted uses for the land under the new lease that are additional to those that were permitted under the previous lease.

As the proposed lease may affect Native Title interests in the Reserve Council when, exercising powers provided by these transitional arrangements, must obtain written advice from a qualified Native Title manager that the lease complies with Native Title legislation. Council officers have been supplied with a copy of the Native Title assessment undertaken by Crown Lands in 2001 when the original lease was entered into and this will form the basis of investigations into whether the continued occupation complies with Native Title legislation.

A lease must not be granted over land that is the subject of an undetermined Aboriginal Land Claim, if the proposed lease could:

· Prevent the land being transferred to an Aboriginal Land Council in the event the claim is granted;

· Impact or change the physical condition of the land. Where the proposed lease will impact or change the physical condition of the land, the grant of the tenure must only be considered if the Council Crown Land manager or proposed lessee has obtained a letter of consent from the claimant Aboriginal Land Council or the claimant Aboriginal Land Council has withdrawn or amended the claim to exclude the proposed tenure area.

To ensure any possible Land Claim issues are resolved before proceeding with the proposed lease, Council officers will liaise with the Eden Local Aboriginal Land Council and NSW Aboriginal Land Council regarding the bulk claim lodged over all Crown Reserves in the Shire.

In order to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the current operator was appropriate in this instance.

For the following reasons, a public competition process would not be considered beneficial:

1. The EKWMMCI are locally based, stand alone and not-for-profit. They are registered with the Australian Charities and Not-for-profit Commission. In accordance with their Constitution all members of the executive committee must be residents of the Bega Valley.

2. All profits are used to fund the core functions of the museum or to fund the upgrade of the building.

3. To comply with the reserve purposes, any occupation needs to be for public recreation or museum purposes only. The Eden Killer Whale Museum run by the EKWMMCI complies with the reserve purpose.

4. The EKWMMCI operating the Eden Killer Whale Museum was formed to preserve the maritime history for the Eden area and provides an important service to the local community. The Museum is an integral part of the Eden community and has won several tourism and heritage awards.

5. The costs involved in carrying out a market testing/pubic competition process would be greater than the rental achievable once a community not-for-profit rebate is applied.

6. Council Property Services officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed.

7. The Reserve is under a recently lodged Aboriginal Land Claim and Native Title claim and therefore only low impact uses/prior uses will be considered to receive authorisation until those claims have been assessed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing the building to be occupied by the current tenant as long as the use is authorised by way of a formal Lease Agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

The voluntary efforts of the EKWMMCI in preserving the maritime history for the Eden area over the years are certainly acknowledged and appreciated not only by Council, but the many locals and tourists who have had the opportunity to visit the Museum.

Attachments

1 ⇩. Proposal from Eden Killer Whale Museum Management Committee Incorporated regarding renewal of Lease R62518

Council 21 November 2018

Item 14.1

14.1. Certificate of Investment

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

Director Business and Governance

Officers Recommendation

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

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

Executive Summary

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

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

Background

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

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the monthly Investments Reports are attached to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $73,598,717.83 at 31 October 2018. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	August 2018	September 2018	October 2018
General Fund	$19,118	$23,211	$23,029
Water Fund	$17,606	$18,258	$18,058
Sewer Fund	$32,580	$32,965	$32,511
TOTAL	$69,304	$74,434	$73,598

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

As at 31 October 2018, BVSC’s available cash balance was $1,532,017 and the investment balance was $73,598,717.83. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 26,818,579.65

· TCorpIM Strategic Cash Fund - $ 46,780,138.18

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

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

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

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

Attachments

1 ⇩. 2018.11.21 Investment Report TCorp Strategic Fund October 2018

2 ⇩. 2018.11.21 Investment Report Cash Fund

Council 21 November 2018

Item 16.1

16.1. Mayors Report on the LGNSW Conference 19 - 21 October 2018 in Albury

The L GNSW Conference held in Albury from 19-21 October 2018 and Council’s resolution were considered as part of the business of the conference.

Cr McBain, Mayor

Executive Summary

The following report is feedback on the LGNSW Conference held on 19 to 21 October 2018

Conference Details

I attended the Local Government NSW conference along with the General Manager, Cr Russell Fitzpatrick, Cr Cathy Griff and Cr Jo Dodds.

The conference was opened by Premier Gladys Berejiklian along with Local Government NSW (LGNSW) President, Cr Linda Scott and Mayor of Albury, Cr Kevin Mack.

Cr Fitzpatrick, Cr Griff and myself were the voting delegates at the Conference which dealt with 100 Motions from Councils across NSW.

Bega Valley Shire Council (BVSC) submitted 8 Motions, 5 of which made the lead Motion of the Business Paper and one late Motion (that was not debated).

All BVSC Motions were passed by the Conference and will now form part of the LGNSW advocacy platform for the next year.

BVSC Motions were:

18. That Local Government NSW lobbies the Minister for Planning to seek more resources to assist councils to quickly determine development applications and therefore reduce the numbers of deemed refusals.

An amendment from the floor was carried and the Motion became:

1. That Local Government NSW lobbies the Minister for Planning to seek more resources to assist councils to quickly determine development applications and therefore reduce the numbers of deemed refusals.

2. DA applicant gives the council 3 weeks’ notice that it intends to refer decision to the Land and Environment Court.

The Motion was passed.

74 That Local Government NSW lobbies the Departments of Health and Housing to establish a fund for youth crisis accommodation, prioritising local government areas currently lacking any appropriate facilities to alleviate this crisis.

The Motion was passed.

75 That Local Government NSW requests the Premier and Deputy Premier to commit to the continuation of the very successful Stronger Country Communities Fund as an ongoing funding program with an equitable per capita funding calculation.

The Motion was passed.

80. 1. That Local Government NSW lobbies the Minister for Local Government and Office of Local Government (OLG) to:

a) Fund the development and implementation of training for all councillors on their obligations under the work, health and safety legislation;

b) Amend the Code of Conduct to expressly provide that a failure by a council official to comply with the work, health and safety legislation may constitute a breach of the Model Code of Conduct.

2. That Local Government NSW lobby the Treasurer and Minister for Industrial Relations to amend Section 230 of the Work, Health and Safety Act 2011 to provide that an industrial organisation of employers and/or an employer may commence proceedings for breaches of the Work, Health and Safety Act 2011.

The Motion was passed.

90. That Local Government NSW urgently requests the Minister for Local Government, Minister for Planning and the Minister for Lands to increase staffing levels to support councils deliver required services.

The Motion was passed.

The following motion was presented as a late Motion but was not debated as it is already either:

· Existing LGNSW policy;

· Supported by Conference Resolutions from recent years; and/or

· The subject of recent or ongoing representations by LGNSW.

X48 That Local Government NSW advocates to the NSW State Government to facilitate legislative change to allow local councils, impacted by tourism, to specifically apply a tourism levy similar to the Coastal Protection Service Charge to those properties which are the direct beneficiary of tourism marketing and promotion, Visitor Information Centres and tourism infrastructure.

Conference Presentations:

Smart Cities:

We heard presentations focusing on the “Smart Cities” initiatives from Simon Hunter - Strategy and Planning, Infrastructure NSW.

Smart Cities isn’t necessarily about technology but about how we can make places simpler with the use of planning and technology.

Digital Action Plan being delivered by the Western Sydney City Deal from Adam Beck -Smart Cities Council

A world where digital technology, data and intelligent design have been harnessed to create smart, sustainable cities with high quality living and high-quality jobs.

They promote Cities that embody three core principles - liveability, workability and sustainability.

Smart Cities are ones that are in the cloud and use technology to solve problems and accelerate outcomes. Dramatically increases the pace at which it improves its sustainability and resilience, by fundamentally improving the quality of life

Core functions of smart city - is to collect, communicate and crunch data.

That data will be moved into actionable intelligence.

Ask strategic questions, bring in universities, there are many items of low hanging fruit that can be actioned asap.

Smart Cities Framework - a handbook of approx. 400 pages which is used in over 80 countries. However, a simple matrix shows how something can be done quickly.

See the Smart Cities Guidance Note.....it gives a lot of detail to the matter.

The Federal Government has committed $50m to the Smart Cities Deal with round 1 of funding having already gone out.

NSW Government - the “five safes” model:

Safe output

Safe people

Safe data

Safe setting

Safe project

Data sharing policies:

The phases of data sharing - framework to sharing data between silos may be difficult but should be fine with additional framework.

Leveraging data from across the business will enable better decisions to be made.

Residents expectations are higher in regard to connectivity - free Wi-Fi in parks and CBDs.

Uber knows more about our city streets, networks and congestion and its available free.

Strava is the owner of the best cycle data and can be used now - planners are already using this to see where people are cycling in our cities, the desire lines.

Yelp is free data regarding restaurants reviews etc.

Where to start:

· Forget the technology and pick up the plans already done.

· Use those plans to start to work towards a smarter place.

· Not all smart city strategies are the same - places should be planned from the bottom up. Where do people want to be and what do they need. Placed based approach.

Gabrielle Upton – Minister for Local Government:

Spoke about increased funding to Libraries.

Government will not proceed with any more forced amalgamations, they understood they will not work.

Proud that nearly all Councils have signed up to be a member of the Joint Organisations (JO’s) and that government will continue to work with the JO’s as a vehicle for continued advocacy on behalf of larger regions.

Peter Primrose - Shadow Minister for Local Government:

His Party (Labor) will review allocation of FAGs so as not to disadvantage those rural and regional councils with small populations and large road networks.

They will also look to how they can assist infrastructure funding once the drought breaks.

Public libraries funding - Labor will increase funding to libraries of an additional $10.5m (thus meaning each party would be providing additional funding of approximately $60m into the future) Would like to hold a meeting with all Mayors and General Managers if they get into government to discuss ongoing funding of local Councils and how they can work with State Government.

He said you would have to be nuts not to take advantage of the opportunity to raise issues in a conference like this.

Craig Ruecassel - War on Waste:

NSW is still behind other states in Australia in recycling and creating a circular economy. Not far behind but behind none the less.

Food waste is becoming more critical, he spoke about the introduction of FOGO within some local Councils but was sceptical of the acronym being used as many people still didn’t know what FOGO was about.

Should be looking at doing something locally now we have funds to deal with it through waste levy - however we can’t simply say that we want the money, we have to have a strategy to deal with the waste to implement a plan to deal with the waste.

Steven Bradbury:

His gold medal wasn’t achieved from the 90 second race, it was the 12 years of training, hard work and sacrifice that led to the 90 second race.

The meaning of success changed for him after winning the gold medal.

Goals should be written down.

You need to show up with a positive mindset to achieve your goals. Ninety five percent of everything you’re told is forgotten within 2 weeks unless it is written down.

The one percenters count - put them into practice. The adrenalin kicks in and you are no longer going through the motions but you’re doing something you love.

“To be a champ, you have to believe in yourself when nobody else will.”

It only takes one dollar to begin a fortune and one word to begin a novel.

Procrastination breeds complacency.

Live everyday with passions, continue your journey to success TODAY. Steve also owned (in partnership) RBC boot company, which through other athletes had won plenty of medals in the Olympics. The company was focused on ice skating and cycle shoes – the knowledge was with the owners of the company and therefore all its competitors were never able to take them on. Eventually after trying to imitate them, the company was sold in 2012 to a competitor with the knowledge being sold on.

He was impaled by a skate and lost 4 litres of blood - he believes that it was only hit mental fortitude that got him through and if he had that strength everyday he would have never lost a race! One hundred and thirty one stitches in his leg. A Canadian doctor literally put his fingers into his leg to block the artery and help stem the bleeding.

Four months after that incident he competed in the world championships with only 64% leg strength and came 12th in the world - the following year with 100% he came 13th!

Eighteen months out from his gold medal race, he had an accident at training and crashed on the ice leaving him with three broken vertebrates and advice from one doctor to not skate again. He chose not take that advice.

Perseverance is not a long race; it is many short races - one after another.

The quarter final in the Olympics was by far his best racing moment - he came 2nd and raced tactically beating a 4-time world champion.

He started to think prior to the semi about his accident and his main goal, just to do your best.

He has a whole team around him still (a comedian, professional speech writer, a business development manager).

He came second in the semi-final, but the first placed competitor was disqualified for causing the crash which took out three other racers and therefore he was awarded first place.

His coach said, go out hope for mistake and get a bronze medal and be happy.

He didn’t change his tactics for the final.

To be successful you need help and support from the “right people”

WORKING AS A TEAM REDUCES RISK.

Every organisation will succeed or fail on how well the people, systems and processes work together. Get a coach........

Attachments

Nil

Council	21 November 2018
*Item 12.1 - Attachment 1*	Lindsay Taylor Lawyers - Legal advice re legislation related to BVSC Notice of Motion and Site Management Plan Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve.

Council	21 November 2018
*Item 12.1 - Attachment 2*	Memo to Councillors NOM Site Management Plan Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve PDF

Council	21 November 2018
*Item 12.2 - Attachment 1*	Surf Life Saving NSW Shark Management Surveillance Trial

Council	21 November 2018
*Item 12.4 - Attachment 1*	Combined Boundary Adjustment Plan

Council	21 November 2018
*Item 12.4 - Attachment 2*	NSW Gazette Notification of 21 September 2018 - folios 6691-6692

Council	21 November 2018
*Item 12.4 - Attachment 3*	Plan of Acquisition - Deposited Plan 1247622

Council	21 November 2018
*Item 12.4 - Attachment 4*	Plan of Acquisition Lot 108 DP 750236 Sheet 1

Council	21 November 2018
*Item 12.4 - Attachment 5*	Plan of Acquisition Lot 108 DP 750236 Sheet 2

Council	21 November 2018
*Item 12.4 - Attachment 6*	Plan of Subdivision Lots 740 and 741 DP 1013100

Council	21 November 2018
*Item 12.4 - Attachment 7*	Council Report - Tathra to Kalaru bike path - land matters 27 June 2018

Council	21 November 2018
*Item 12.5 - Attachment 1*	Tathra to Kalaru Bike Track Post meeting notes 27 August 2018

Council	21 November 2018
*Item 12.5 - Attachment 2*	Tathra to Kalaru Bike Track Public Exhibition Community Contact Log feedback

Council	21 November 2018
*Item 12.5 - Attachment 3*	Tathra Bike Track Alignment Consultation Report

Council	21 November 2018
*Item 12.7 - Attachment 1*	Merimbula Airport Leases Council report of 31 October 2018

Council	21 November 2018
*Item 12.8 - Attachment 4*	1989.1180 Modified consent 6 February 2012 Lot 338 DP 1124839 Mirador Drive MERIMBULA

Council	21 November 2018
*Item 12.8 - Attachment 5*	mirador map showing existing and proposed emergency access

Council	21 November 2018
*Item 12.8 - Attachment 6*	mirador fire access showing tenure of land

Council	21 November 2018
*Item 13.1 - Attachment 1*	Native Title Manager FAQ

Council	21 November 2018
*Item 13.1 - Attachment 2*	Native Title Manager Qualification - Rickee Marshall

Council	21 November 2018
*Item 13.1 - Attachment 3*	Native Title Manager Qualification - Robert Quick

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

9 Staff Reports – Planning and Environment

10 Staff Reports – Community, Culture and Leisure

11 Staff Reports –Economic Development and Business Growth

12 Staff Reports – Infrastructure Waste and Water

13 Staff Reports – Governance and Strategy

14 Staff Reports – Finance

15 Adoption of Reports from Standing Committees

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council

21 November 2018

Staff Reports – Community, Culture and Leisure

21 November 2018

10.1. Access Improvement Grants

Officers Recommendation

Attachments

Council

21 November 2018

Staff Reports – Infrastructure Waste And Water

21 November 2018

Council

21 November 2018

Staff Reports – Governance And Strategy

21 November 2018

Staff Reports – Finance

21 November 2018

Council	21 November 2018
*Item 13.1 - Attachment 4*	Native Title Manager Qualification - Matthew Collins

Council	21 November 2018
*Item 13.2 - Attachment 1*	Audit Risk and Improvement Committee Charter

Council	21 November 2018
*Item 13.3 - Attachment 1*	ARIC Annual Report to Council

Council	21 November 2018
*Item 13.5 - Attachment 1*	Proposal from Eden Killer Whale Museum Management Committee Incorporated regarding renewal of Lease R62518

Council	21 November 2018
*Item 14.1 - Attachment 1*	2018.11.21 Investment Report TCorp Strategic Fund October 2018

Council	21 November 2018
*Item 14.1 - Attachment 2*	2018.11.21 Investment Report Cash Fund