Agenda of Council - 12 December 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

12 December 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 21 November 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)

4.1 Deputations (by prior arrangement)............................................................................................. 9

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

There are no reports to Standing Committees.

9 Staff Reports – Planning and Environment

9.1 Rural Living - Strategic Directions Report................................................................................... 11

9.2 2 lot subdivision - 16 Bridle Place, Bega..................................................................................... 14

10 Staff Reports – Community, Culture and Leisure

10.1 Request for support - Nardy House hydrotherapy services................................................... 32

11 Staff Reports –Economic Development and Business Growth

Nil Reports

12 Staff Reports – Infrastructure Waste and Water

12.1 Community Project Proposals...................................................................................................... 40

12.2 Bega Valley Fields Sportsground Master Plan - Request for Review..................................... 46

12.3 Bega Valley Local Traffic Committee........................................................................................... 57

12.4 2018-2019 Draft Sportsground Fees and Charges for Local Sports Clubs............................ 59

12.5 RFT 59/18 Recreational Fishery Waste Services....................................................................... 66

12.6 Community Hall Maintenance Funding 2018/19 and Community Hall Committee Nominations 68

12.7 RFT 47/18 Tathra to Kalaru Bike Track - Kalaru Section and Water Main Renewal............. 71

12.8 Bermagui Indoor Stadium - Site Committee Operations.......................................................... 74

12.9 Tathra Everyone Can Play Inclusive Playspace - Project Update............................................ 76

13 Staff Reports – Governance and Strategy

13.1 Code of Conduct Statistical Reporting 2017/2018................................................................... 82

13.2 Classification of land dedicated to Council at Pambula............................................................ 84

13.3 Classification of land recently acquired by Council at Eden.................................................... 87

14 Staff Reports – Finance

Nil Reports

15 Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

16 Councillor Reports

16.1 Country Mayors Assocation meeting held 2 November 2018................................................ 93

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public........................... 96

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 12 December 2018

Item 9.1

9.1. Rural Living - Strategic Directions Report

This report recommends Council note the Rural Living – Strategic Directions Report and that it be placed on public exhibition.

Acting Director Community, Environment and Planning

Officers Recommendation

1. That Council note the Rural Living – Strategic Directions report.

2. That the Rural Living – Strategic Directions report be placed on public exhibition for a period of 28 days.

3. That Council officers prepare a summary of the results of the public exhibition and present to a workshop session with Council, prior to adoption of the final report.

Executive Summary

Rural living is an increasingly popular lifestyle choice for existing Bega Valley Shire residents and for people moving to the Shire. With over 33% of the Shire’s population and 31% of the Shire’s area, the rural parts of the Shire require a renewed focus to ensure the various economic, environmental and social values of our extensive rural areas are appropriately considered when making major land use planning decisions. The Rural Living – Strategic Directions report aims to provide a clear direction for the planning and development of our rural catchments and villages for the next 25 years.

Background

The New South Wales Department of Planning and Environment has a renewed focus on the importance of strategic land use planning. This change in focus is reflected in recent amendments to the Environmental Planning Assessment Act 1979 which places a stronger emphasis on having established land use strategies prior to making amendments to settlement patterns, zonings or lot sizes.

Bega Valley Shire has a unique opportunity to provide a clear strategic direction for the future growth and management of our rural areas. In comparison to other rural coastal areas, Bega Valley Shire has a relatively small growth rate. This reduced pressure environment provides Council the chance to put in place clear strategies to avoid poorly located development and ensure the important productive, environmental and landscape attributes of our rural areas are protected and appropriately planned for.

The legacy of previous land use planning policy, both State Government and at a local Council level, have in some cases resulted in poorly located rural living opportunities. These planning decisions have contributed to some examples of land use conflicts, extension of Council’s infrastructure network and people being remote from existing services such as schools, shops and recreational opportunities.

Council constantly receives enquiries about rural living development opportunities. The lack of an adopted Strategic Direction beyond the Comprehensive Local Environmental Plan 2013, to provide direction for the development of these areas, has resulted in uncertainty for land owners and developers and caused significant delays in the processing of development and zoning requests for our rural areas.

The Rural Living – Strategic Directions report provides a detailed analysis of rural residential land supply as a basis for making recommendations for each of the Shire’s rural catchments. Rural living supply and demand issues are examined broadly on a whole of Shire basis and are the more closely examined at the individual rural catchment level. For the purposes of the Strategic Direction report, the Shire is divided up into a number of “Catchments”, which are in most cases a logical geographic or topographical clustering of localities around a village or town.

The Catchment approach was adopted as a way of recognising that the Shire’s different rural areas have unique characteristics and relationships with their nearby town or village and that these catchments are in effect different “markets”, when it comes to people choosing where to live.

The viability of our smaller villages in particular is closely linked to their surrounding rural catchment. This catchment based distinction is essential when examining rural living supply and demand and providing Council and the Government sound data and recommendations on which to base future planning decisions.

Options

The NSW Department of Planning and Environment have made it clear they will not consider further changes to zonings in rural parts of the Bega Valley Shire, without adopted Strategies that clearly identify the rationale for considering further areas for rural residential development.

The alternative option is for individual land owners to try and pursue “spot re-zonings” with Council and the Department. Not only is this process expensive and resource intensive but also contrary to the advice of the Department and unlikely to progress.

Community Engagement

Consultation Planned

It is proposed to public exhibit the Rural Living – Strategic Directions report for a period of 28 days. The report would be available at Council’s Bega Office and all libraries and be available on Council’s website. Promotion of the public exhibition will occur through press releases, Council’s E-News, website and through directly targeting land development industry professionals.

Council consideration of input

Following completion of the public exhibition, a summary of the community and industry feedback will be presented to Council in a workshop session followed by a Council report seeking Council endorsement of the Strategic Directions.

Financial and resource considerations

The preparation of the Rural Living – Strategic Directions report has been undertaken as part of the Strategic Planning section’s work program. The public exhibition process will have an administrative impact on the Strategic Planning section and minor financial impact with costs associated with advertising and printing absorbed in internal administrative budgets.

Legal /Policy

Once adopted, the Rural Living – Strategic Directions report will represent Council’s endorsed policy position with regard rural residential development. It will be a key guiding document for future reviews of the Bega Valley Shire Council Shire Comprehensive Local Environment Plan 2013.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completion of the Rural Living – Strategic Directions report is a key result area for the Strategic Planning section in the 2018/19 Operational Plan.

Attachments

Nil

Council 12 December 2018

Item 9.2

9.2. DA No. 2018.228: 2 lot subdivision - 16 Bridle Place, Bega

Acting Director Community, Environment and Planning

Applicant	KR Hinton c/- Caddey Searl & Jarman
Owner	KR Hinton & J Hinton
Site	Lot 223 DP 1076823 – 16 Bridle Place, BEGA
Zone	R2 Low Density Residential
Site area	6,881m²
Proposed development	2 lot subdivision

Precis

The Development Application (DA) is being reported to Council as it seeks a variation to a Development Standard under Clause 4.6 ‘Exceptions to Development Standards’ under Bega Valley Local Environmental Plan 2013.

The variation requests a reduction to the 4,000m² minimum allotment size for Proposed Lot B, as required under Clause 4.1 of Bega Valley Local Environmental Plan 2013.

It is recommended Council support the variation to the development standard and approve the DA.

Officers Recommendation

1. That Council assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013, approve the variation to Clause 4.1 to permit the subdivision of Lot 223 DP 1076823 Bridle Place, Bega into 2 lots.

2. That Council approve the Development Application subject to the draft Conditions of Consent, provided as attachment to this report.

Executive Summary

The DA currently before Council seeks to subdivide the site into 2 lots. Proposed Lot A would comply with the 4,000m² minimum lot size and would accommodate the existing dwelling. Proposed Lot B would have a lot size 2,881m², which is below the 4,000m² minimum lot size.

In accordance with the NSW Planning and Environment Planning Circular PS 18-003, Council may assume the concurrence of the Secretary and determine such a variation. The reporting of this DA to Council for determination is consistent with the requirements under Planning Circular PS 18-003 as the variation sought is greater than 10% and therefore Council officers do not have delegation to determine the DA.

Background

The subject allotment was created under Development Consent 2003.509 and is part of what is described as the Glen Mia Estate. At the time of subdivision, there was no minimum allotment size as the land was zoned 2(F) Future Urban under Bega Valley LEP 2002. The subdivision was undertaken having regard to the constraints of the land and the availability of services at the time.

The subject allotment comprises an area of 6,881m² and contains the original dwelling and ancillary structures for the site that existed prior to the Glen Mia subdivision being created.

With the Gazettal of Bega Valley Local Environmental Plan 2013 (BVLEP 2013), the land was zoned R2 Low Density Residential with a minimum allotment size of 550m².

Council, in September 2015 through a Planning Proposal (Minor Amendments 3), sought to change the minimum allotment size from 550m² to 4,000m². The intent of that Planning Proposal (subsequently Gazetted by the Department of Planning on 11 September 2015) was to limit further subdivision within the Estate due to concerns regarding future servicing capacity and to maintain the established character of the Estate.

Description of the proposal

The applicant seeks to subdivide the land into 2 allotments, comprising Proposed Lot A having an area of 4,000m² (to contain the existing dwelling) and Proposed Lot B. being having an area of 2,881m² (See Attachment 1 – Development Plan).

Access to both lots would be maintained from Bridle Place. It is proposed both lots would be serviced with all essential services including reticulated water, sewer, power and telecommunications.

As part of the proposal, the applicant has requested a variation to Clause 4.1 of BVLEP 2013 which requires allotments within the subject precinct to have a minimum lot size of 4,000m². Proposed Lot B would have an area of 2,881m² which is therefore 28% below the minimum lot size.

The DA includes a Statement of Environmental Effects and justification for the variation to the Development Standard, including consideration of the suitability of proposed Lot B for a dwelling.

Description of the site

The site is described as Lot 223 DP 1076823 and has an area of 6,881m². The site is located approximately 1.7 kilometres south of the Bega town centre, in an area described as Glen Mia Estate (See Attachment 2 – Locality Plan).

The site is irregular in shape, retains a dwelling, ancillary structures, landscaping and two remnant forest red gums adjacent to Bridle Place. The site is within an established residential estate that is predominately characterised by single dwellings with ancillary structures. Allotments in the immediate locality range in size from 1550m² to 6881m² (being the subject site).

Planning assessment

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

The Planning Assessment details the site is suitable for development, with an adequate building envelope available on Proposed Lot B to accommodate a dwelling. Measures have been taken to ensure that significant vegetation in the road reserve and onsite can be protected from site disturbance. Council’s Water and Sewer Section have confirmed the site is capable of being serviced with reticulated water and sewer. Access to the subject site would be via the existing driveway configuration.

A copy of the assessing officer’s Section 79C Assessment Report will be available at the meeting.

Zoning

The land is zoned R2 Low Density Residential under BVLEP 2013.

The objectives of the R2 zone are:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

For reasons outlined in the following, the proposed development is considered to meet the objectives of the R2 Low Density Residential zone.

Minimum lot size

Council, as the consent authority, may consider variations to Development Standards (with the use of Clause 4.6 of BVLEP 2013) provided the proposal;

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

· demonstrates that compliance with the standard is unreasonable or unnecessary in the circumstances of the case, and

· demonstrates there are sufficient environmental planning grounds to justify contravening the development standard

The applicant provided reasons to justify varying the minimum lot size for the subject site, a copy of which is provided as Attachment 3 to this report.

Objectives of the zone

It is considered the proposal to create a residential allotment (Proposed Lot B) of 2881m² will satisfy the objectives of the R2 Low Density Residential zone as it provides additional opportunity for housing to meet community need and would maintain the residential character of the locality.

Objectives of the development standard

The objective of Clause 4.1 of BVLEP 2013 (Minimum Subdivision Lot Size) is “to provide controls for the subdivision of land in order to achieve the objectives of the relevant zone”.

It is considered for the reasons highlighted in this report, the creation of a residential allotment of 2881m² would achieve the objectives of the zone.

Whether compliance with the standard is unreasonable or unnecessary

An analysis of the minimum lot sizes in the immediate locality of the subject site demonstrates that the creation of an allotment of 2881m² is compatible with the established character of the precinct and would not adversely impact on the density, amenity or serviceability of the neighbourhood. The existing dwelling would be accommodated on a 4000m² allotment and the proposed smaller allotment has adequate area for the placement of a dwelling and any reasonably sized ancillary outbuildings. The subject site is the largest allotment within the Glen Mia Estate and is therefore unique in its site characteristics. Council officers are satisfied that a precedent would not be created by this subdivision and therefore compliance with the Development Standard (based on the merits of this application) is considered to be unreasonable and unnecessary.

Figure 1.0 – Subject site in context of allotment sizes in the immediate locality

Whether there are sufficient environmental planning grounds

In assessing the DA, consideration has been given to the site attributes, including topography, access, serviceability, area for future buildings, and the general character and amenity of the locality.

It is noted the subject site is the largest allotment created within the Glen Mia Estate and is approximately 1,424m² larger than the next biggest allotment within the Estate. The creation of Proposed Lot B would be consistent with the size of adjoining allotments directly to the east, south and west of the site.

The creation of proposed Lot A at 4,000m² would be consistent in area and larger to allotments located to the north of the site being 3,918m² and 4,084m² respectively.

The applicant has demonstrated that any future dwelling on Proposed Lot B would have suitable setbacks to adjoining boundaries to maintain the low density character for which Glen Mia Estate was created. The positioning of a future dwelling would not require the removal of any significant vegetation or create inappropriate overshadowing or loss of privacy.

The proposed lot sizes of both Lots A and B would be reflective of the existing low density residential development in the immediate area and would be consistent with the R2 zone objective of providing for the housing needs of the community within a low density residential environment.

Council officers conclude there are adequate environmental planning grounds to warrant variation to the 4000m² minimum lot size in this instance.

It is determined that approval of the proposed subdivision would be in the public interest because it is consistent with the objectives of the specified Development Standard and the objectives for development within the zone.

It is recommended Council assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of BVLEP 2013 and approve the variation to Clause 4.1 to permit the subdivision of Lot 223 DP 1076823 Bridle Place, Bega into 2 lots.

Community Engagement

Consultation undertaken

In assessing the subject DA, officers referred the DA to the Bega Local Aboriginal Land Council (BLALC) for information and comment. At the time of writing this report, no comments were received from the BLALC. Due diligence protocols have been undertaken in the assessment of this DA.

Neighbour notification

For the purpose of neighbour notification, 2 lot subdivisions are exempt from notification, under the provisions of Council’s Development Control Plan 2013.

Notwithstanding, officers have assessed the DA with due consideration to the amenity and character of the locality and the suitability of the site for an adequate building envelope, which would maintain the character of the Estate.

Legal /Policy

The reporting of this DA for determination by Council is consistent with the requirements of the NSW Planning and Environment Planning Circular PS 18-003 in assuming the concurrence of the Secretary of the Department of Planning and Environment.

Attachments

1 ⇩. Development Plan

2 ⇩. Locality Plan

3 ⇩. Applicants submission - Reasons to justify variation to development standard

4 ⇩. Draft Consent

Council 12 December 2018

Item 10.1

10.1. Request for support - Nardy House hydrotherapy services

Local disability service provider Nardy House Incorporated requests the support and financial commitment of Bega Valley Shire Council to complete Stage 3 of the Nardy House Project: the establishment of a hydrotherapy pool and hydrotherapy services.

Acting Director Community, Environment and Planning

Officers Recommendation

1. That Council waive its fees and charges relating to the establishment of the Nardy House Incorporated hydrotherapy pool.

2. That Council supports Nardy House Incorporated in its application for State and Commonwealth Grants to fund its hydrotherapy pool.

3. That Council correspond with Nardy House Incorporated outlining its methods of supporting Stage 3 of the Nardy House Project.

4. That Council correspond with Nardy House Incorporated providing reasons as to why it declines to support the additional request for $60,000 in financial assistance.

Executive Summary

Nardy House Incorporated is a disability service in Quaama that supports individuals with profound disabilities who require 24-hour care. In 2000, in response to a request from Nardy House Incorporated, Council committed to contribute $100,000 towards the Nardy House Project in three equal instalments over three financial years. Stage 1 of the project involved the building of a respite facility; Stage 2 entailed the construction of a permanent accommodation facility; and Stage 3 involved the establishment of an onsite hydrotherapy pool.

Stage 1 of the Nardy House Project, the building of the respite facility, was established with the assistance of a New South Wales State Government Grant. In line with the commitment made in 2000, Council waived $11,517.50 in fees relating to the respite facility and provided a cash contribution of $21,482.50 for this stage of the project, totalling $33,000 in support. Due to delays experienced in the 2002/2003 financial year, this financial contribution was carried forward and administered in the 2003/2004 financial year.

The second stage of the Nardy House Project, the construction of a permanent accommodation facility, was achieved via a philanthropic grant in 2007/2008. Council waived Development fees relating to this stage of the project but did not provide a cash contribution, as the timeframe for the financial commitments made in 2000 had lapsed and were no longer budgeted for.

On 5 October 2018, Council received correspondence from Nardy House Incorporated (see attachment) requesting assistance with the third and final stage of the Nardy House Project, the construction of a hydrotherapy pool.

The request is as follows:

1. A financial commitment from Council of $60,000 for the establishment of a hydrotherapy pool that will benefit the wider community in addition to Nardy House clients.

2. The waiving of Council fees relating to this project.

3. Assistance and support from Council when Nardy House Incorporated approaches State and Federal bodies for funding for this project.

Background

Nardy House Incorporated approached Council in 2000 seeking financial support for the three-stage Nardy House Project, which included the building of a respite care facility, expansion of permanent accommodation options, and the development of a hydrotherapy pool to support people in the Bega Valley Shire with disabilities.

On 27 June 2000, Bega Valley Shire Council resolved:

1. That Council indicate its in principle preparedness to support the request by the Nardy House Committee for Council financial assistance to the Nardy House Project of $100,000 in the 2001/2002 estimates, based on three equal instalments over three financial years

2. That Nardy House Committee be explicitly advised that Council’s decision of its preparedness to financially contribute to the Nardy House Project is contingent upon funds being made available in each of the three financial years

3. That Nardy House Committee be advised on Council’s decision and that Council staff will continue to involve themselves and assist in pursuing the objectives of the Committee on behalf of the community.

In 2003/2004, Council contributed $33,000 towards the first stage of the project, the respite facility, via a combination of fee waivers and cash contributions.

On 6 September 2004, Council corresponded with Nardy House Incorporated explaining that Council’s commitment in 2000 to contribute $100,000 towards the Nardy House Project in three equal instalments over three financial years was linked to each stage of the project and contingent upon funds being made available by Council in each of the subsequent three financial years until 2003/2004.

Within this correspondence, Council informed Nardy House the timeframe outlined in Council’s 2000 Resolution had lapsed and as a result, no further budget allocations had been made as to Council’s support of the next two stages of the Nardy House Project (the establishment of permanent accommodation facilities and a hydrotherapy pool). Nardy House Incorporated was invited to make a request to Council for further assistance when in a position to proceed to future stages of the project.

On 14 August 2007, following a request from Nardy House Incorporated for $33,000 in financial support for Stage 2 of the Nardy House Project, Council resolved the following:

1. That Council outline to the committee the contributions already made by way of fees and charges waivers and cash contributions over the past seven years.

2. That Council continues to waive development application fees for future stages of the project but does not support the request for further financial assistance.

3. That Council staff liaise with Nardy House Inc to ensure that they apply for charitable status consideration for waiving of general rates and water access charges.

A response was provided to Nardy House Incorporated on 16 August 2007 affirming Council had contributed over $40,000 to the Nardy House Project in the seven years prior, via a combination of cash payments and the waiver of Council fees and charges including water connection, subdivision and building fees, and Development Application modification fees.

During this correspondence Council stated it was unable to provide the additional $33,000 requested in financial support, however it was committed to continue to waive Development Application fees for future stages of the project. Council officers also assisted Nardy House Incorporated to continue to apply for charitable status consideration for waiving of general rates and water access charges.

On 31 October 2007, Council corresponded with Nardy House Incorporated to confirm the organisation was exempt from rates under Section 556 of the Local Government Act 1993, and that the water access charge had also been made exempt following a Council Resolution.

Options

1. That Council supports all three requests made by Nardy House Incorporated as outlined in the Executive Summary of this report.

2. That Council supports some, but not all, of the requests made by Nardy House Incorporated as outlined in the Executive Summary of this report.

3. That Council decline to support any of the requests made by Nardy House Incorporated as outlined in the Executive Summary of this report.

Officer Recommendation: Council Officers recommend Option 2 as follows:

· Waiving Council fees associated with the hydrotherapy pool;

· Supporting Nardy House to advocate to State and Commonwealth bodies to assist with the funding of the project; but,

· Decline to financially contribute $60,000 towards the final stage of the project.

This recommendation aligns with the Resolution of Council on 14 August 2007 to continue to waive Development Applications for future stages of the Nardy House Project but not to support requests for further financial assistance.

Community Engagement

As this is not a Council project, Council has not undertaken community engagement relating to this request.

Council consideration of input

Council has provided various financial and in-kind supports to the Nardy House Project over an 18 year period, with Council Resolutions being made in 2000 and 2007 relating to these supports. Extensive correspondence has taken place between Nardy House Incorporated and Council Officers since 2000 relating to Development Applications, fees and charges, financial supports, and funding advocacy to State and Commonwealth departments.

Financial and resource considerations

Council did not provide ongoing financial commitment to the Nardy House Project past the 2003/2004 financial year. However, in 2007, Council resolved to waive Development Application fees for future stages of the project, whilst noting it did not support the request for other forms of financial assistance.

Given Council’s current financial position and since no allocation of funds have been identified for the Nardy House Project since 2003/2004, there would be a significant impact on Council’s budget if the request for $60,000 in additional funding is approved.

However, if Council were to support Stage 3 of the Nardy House Project by waiving Development Application fees only, the cost to Council will be $5,871.48. Council fees that could be waived include the BPB Reporting Administration Fee, Building Construction Certificate, Inspection Fee Dwelling, Occupational Certificate and OSM Residential Application to Connect.

As Nardy House Incorporated have already paid these fees, a fee waiver could potentially take place in the form of a refund. The waiver would need to be drawn down from Council’s General Fund and this has not been budgeted for.

Funding source		Amount
General fund	$	5,871.48

Additional fees of $6,093 for the Long Service Levy cannot be refunded to Nardy House Incorporated as these are State Agency fees.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of a hydrotherapy pool and hydrotherapy services at Nardy House Incorporated aligns with Strategy 3 within the Bega Valley Shire Community Strategic Plan:

· Improve the accessibility of the built environment, recreation spaces and facilities.

It also aligns with the following strategies within Council’s Disability Inclusion Action Plan 2017-2021:

· Establish partnerships that address community wide barriers to access and inclusion

· Celebrate inclusive practice and access outcomes

However, the Nardy House Project does not correspond with the identified directions and infrastructure projects of Council’s Delivery Program 2017–2021 and Operational Plan 2018–2019. Nor has financial support for this project been accounted for in the 2018–2019 budget.

Economic

Nardy House Incorporated has not specified what rates would be charged for clients, National Disability Insurance Scheme participants and/or other community members when using the hydrotherapy pool or accessing the services of the hydro therapist.

Social / Cultural

The Nardy House hydrotherapy pool and hydro therapist are intended to be made available for the wider community to access. Hydrotherapy services would not only benefit people with a disability, but would also support individuals with health issues and other community members seeking this specialised type of therapy.

Attachments

1 ⇩. Formal request from Nardy House Inc for assistance with Stage 3 of the Nardy House Project

Council 12 December 2018

Item 12.1

12.1. Community Project Proposals

This report provides a summary of Community Project Proposals received between 21 July 2018 and 21 November 2018 for Council's information and consideration.

Director Assets and Operations

Officers Recommendation

1. That Council note the report and the attached Community Project Proposal summary and information included in the hard copies of proposals distributed to Councillors.

2. That the proposal for the Canteen storage addition at George Brown Memorial Sportsground Canteen be supported by Council, dependant on external grant funding.

3. That the proposal for the outdoor gym equipment at Eden Imlay Memorial Park and Aslings Beach has in-principle support, subject to available funding and consolidation from three to two gym stations.

4. That the proposal for a security fence at Colombo Park Bemboka (completed works) be supported, with no funding to be provided by Council.

5. That Council note that the proposal for the Merimbula Skate Park and Youth Space at Ford Park Merimbula is a major project; and that it be deferred for consideration at a later date subject to; a community project group being formed; consultation with local residents and Council officers; assessment of siting options; assessment of funding and project delivery options; and development of concept plans.

6. That the proposal for the Tathra Community Gardens has in principle support, subject to working through land tenure approvals and requirements relevant to the use of the site.

7. That the proposal for the Basketball Hoop at Wonboyn Tennis Courts be supported and purchase of basketball hoop at cost of $350 be funded by Bega Valley Shire Council (BVSC) out of Recreation Operations and Maintenance allocations.

8. That the proposal for the Interpretive Panels at Tathra foreshore is supported in-principle, with BVSC as a stakeholder requiring Council officer involvement in development and approval of Panel design.

Executive Summary

The community has an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improved community facilities. The Community Project Proposal process seeks to provide a consistent framework for Council to receive and consider a wide range of projects proposed by the community. These projects can range from minor asset renewal to major new works which have not been identified in Asset Management Plans or capital works programs. Council officers have reviewed the proposals and a Summary and Assessment Sheet is attached. A hard copy of all proposals has been distributed to all Councillors.

Background

Council is ultimately responsible for all works on BVSC managed land including compliance, maintenance, upkeep and safety. Regardless of the project size, all works proposed for BVSC managed land need to be considered in the context of: funding; procurement; risk management; work health and safety; environmental considerations; approvals; compliance; and ongoing maintenance and renewal. It is also important to consider how the proposed projects can link and add value to other planned Council works, particularly in terms of the maintenance and replacement of existing assets.

An important part of the procedure involves reporting proposals to Council, particularly where projects are complex, will result in changed use or amenity and/or will require resourcing and support from Council. Those proposals that are straight forward, not requesting funding from Council and/or are directly related to planned works, are reviewed and approved by Council officers. This enables groups to proceed with their proposed works in a timely manner.

The level of information included in the proposal needs to be relevant to the scale and complexity of the project but at a minimum be sufficient to enable the merits and issues of proposal/s to be understood by officers and Councillors. Thorough proposals will clearly show the merit of the project, outline what is being requested, identifies potential issues and how they have been addressed. The initial assessment by Council officers seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.

The Community Project Proposal Procedure and the Proposal Form is available on Council's website.

This report contains proposals received between 21 July 2018 and 21 November 2018. They are:

· Canteen Storage Addition George Brown Memorial Sportsground - Eden Rugby League Football Club Inc

· Eden Fitness Trail Group Outdoor Gym Equipment - Eden Chamber of Commerce

· Colombo Park Security Fence - Bemboka Lions Club

· Merimbula Skate Park and Youth Space area Ford Park - Peter O'Keefe

· Tathra Community Gardens - Tathra Community Gardens

· Basketball Hoop at Tennis Courts Wonboyn - Wonboyn Lake Ratepayers Association

· Interpretive Panels Tathra Foreshore - Tathra Chamber of Commerce

Future proposals will continue to be presented on a quarterly basis to Council for consideration and resolution.

Proposal Consideration and Assessment

Attached to this report is a summary and assessment of the Project Proposals received including comments and recommendations. The assessment provides a rating against the following project items:

· Asset Renewal. Is it renewing an existing asset or an upgrade? Is the work linking to a required renewal from asset register?

· Provision/Use/Value. Is the project relevant to current community needs? Will the facilities be well used? Will the community be getting good value? Is the opportunity cost to other projects and groups fair and acceptable?

· Links to other plans and works. Are the works linked to adopted Strategic Plans, Facility Management Plans or asset renewals or planned maintenance programs?

· Project Scale. How large is the project?

· Project Approval Complexity. Will the project require Environmental and Heritage approvals? Cultural Heritage approvals? Crown land approvals? Council Development Application approval?

· Requested BVSC Funding. Are funds requested from Council? Are related funds allocated in budgets for asset renewals or maintenance? Is there good value in the funding level requested?

· Likely BVSC Involvement. Is labour or material required to assist the project? Are resources such as grant submission assistance required? Is direction required in the approvals processes?

· Ongoing Operations. What will be the cost to Council to maintain the asset?

Community Engagement

In developing the Community Project Proposal Procedure, consultation was undertaken with - Council's Access Committee, the S355 Sportsground Committee and a workshop involving representatives of service organisations from across the Shire.

The Project Proposal Form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken and feedback they have received in the development of their proposal. Some proposals will require further community consultation as the project develops.

The Community Project Proposal Procedure and Application Form are available on Council’s website.

Financial and resource considerations

· The level of resourcing and contribution sought from Council is an important aspect for consideration. Council has not budgeted funds to support community project proposals; however, some proposals may align with the BVSC maintenance programs, scheduled asset renewals or grant programs.

· Council resources are limited and favouring any one project over another is likely to affect or defer the delivery of other planned and programmed works. That is not to say a BVSC contribution is not possible. This is particularly the case where a project links to asset renewals and maintenance programs and the BVSC contribution represents ‘good value’. However, this needs to be subject to funding being available.

· Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. The first step is gaining Council support for works on Council managed land. This also helps to see the project scope is clear and complete, the resources identified are sufficient to complete the works.

It is difficult for officers to support projects that will lead to over provision or over servicing, even if a funding contribution is not being requested from Council.Project costs and amounts requested from BVSC are included in the attached Summary Sheet.

Legal /Policy

Council’s Procedure 4.01.3 Community Project Proposals is published on the Council website.

Works on public land can trigger legislative requirements related to environment and heritage, access and building code compliance, planning and development approvals and in some instances approvals from the land owner or manager.

The Merimbula Skatepark proposal in particular as referred to in this report, would be expected to require considerable investigation into land related matters.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 Goals are:

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

Operational / Asset Management Plan

Council’s annual Operational Plan is developed alongside a Resourcing Strategy which outlines how actions and activities will be financed, assets managed and services delivered.

Asset management capital works programs are primarily based on asset renewal (e.g. replacing existing aging assets). A large majority of projects proposed by the community relate to new works or significant upgrades of existing assets and as such are not included in capital works programs. Individually most projects have merit, reflect current community interests and deserve consideration. However, Council needs to be aware that continuing to expand its asset inventory comes at a future cost in terms of both ongoing operations and future asset renewals.

The Project Summary Sheet comments identify if the project is a direct renewal of an existing asset, an upgrade of an existing asset or is developing a new asset.

Environmental / Sustainability

The Project Proposal Form triggers consideration of potential environmental and heritage issues and possible approvals or compliance that may be required.

Risk

A key aspect of the Community Project Proposal Procedure and process is aimed at mitigating risk. Examples of the risks that need consideration in relation to any project are:

· The costs and considerations surrounding BVSC’s ongoing asset management/liability.

· The costs and expectations associated with the ongoing operations, maintenance future renewal of any new asset.

· Possible shortfalls in proposal cost estimates.

· Potential expectations that BVSC will cover any potential project shortfalls.

Social / Cultural

The community has an important role in helping Council identify and deliver facility renewals and improvements. The proposals often reflect current community interest and can reflect changing needs, demographics and trends. Council recognises and values the important role and contribution of committees, community groups and volunteers in the management, operation and maintenance of Council infrastructure, civil assets and facilities. Council’s role is to provide guidance and support to the community to ensure projects are well thought through, assets will be well used and the future management of them will represent good value to the broader community in the long term.

Options

The challenge in considering project proposals is to give them the consideration they deserve and to work out where they fit with other planned and programmed works, particularly if the proposal requests a contribution from Council. Council has an option to fund all requests, however this will come at the expense of other required and planned asset renewal and capital works programs. Project management time is also an important consideration as promoting or adding a project to current workloads will have effect on other planned and programmed projects.

Realistically, Council does not have the resources to meet all requests in terms of capital funding, project management or ongoing asset management. An important benefit of the Project Proposal process is that Council can consider these aspects, what is a reasonable provision of assets and provide relevant approval, direction and support which then better enables the community groups to develop their project and look to the most realistic methods for delivery of well utilised assets into the future.

Attachments

1 ⇩. Community Project Proposal Summary Sheet December 2018

Council 12 December 2018

Item 12.2

12.2. Bega Valley Fields Sportsground Master Plan - Request for Review

A request to amend the Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan (adopted by Council on 6 April 2016) has been received by the Bega Bombers ALF Club. The request particularly relates to the Valley Fields and Roy Howard Oval.

Director Assets and Operations

Officers Recommendation

1. That Council undertake formal review of the Bega Valley Fields Sportsgrounds Master Plan including consultation and exhibition of the amendments proposed by the Bega Bombers AFL Club as a project to be included in the 2019/20 Operational Plan.

2. The works to review the Valley Fields elements of the adopted Master Plan be funded from the 2019/20 Sportsgrounds Capital works Budget.

3. The outcomes of the review with any recommended amendments to the Master Plan be reported to Council.

Executive Summary

Council has received a request from the Bega Bombers AFL Club to review the adopted Bega Valley Fields Sportsgrounds Master Plan. The request includes a proposal of what facilities the Bega Bombers would like to see at Roy Howard Oval (which is the ‘Valley Fields’ oval to the east of the Highway). The proposal is a material change from the adopted Master Plan and includes several new assets. A copy is attached to this report as well as an additional letter of support for a review of the adopted Master Plan from the Bega Bombers AFL Club. That letter also provides information of Club development, current membership and current use of the Roy Howard Oval.

The current Master Plan was adopted by Council on 6 April 2016. At the time of the Master Plan consultation, the Bega Bombers AFL Club was in a development phase. While they were consulted in the development of the Master Plan they did not have a lot of interest in the site at that time as they were primarily using the Bega Showgrounds. The Showgrounds had since proven to be unsuitable for AFL use and over the past three years the Bombers have been using Roy Howard Oval.

The proposal from the Bega Bombers include a number of new facilities like an amenities block, training lights and interchange shelters.

While the site has been used as an oval for some time there are some challenges and issues that need to be accounted for and balanced in considering future developments in the area. They include:

- A large part of the site is subject to flooding

- Residential properties neighbour the site

- Council’s ongoing asset management capability

- Keith Mitchel Oval which has some facilities, is on the western side of Valley Street.

Community Engagement

Consultation undertaken

There had been formal community engagement and consultation process in development of the Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan.

Consultation for the development of the draft Master Plan was an important aspect of the master planning project and included:

- Councillor workshops

- Community workshops

- Online surveys

- Various user/club/sporting association / stakeholder interviews

Project awareness was promoted through press releases, local newspapers, social media and local radio.

Consultation Planned

Any material change (i.e. significant impacts or changes to uses, amenity or assets) to a Council adopted Plan should include consultation with user-groups, neighbours and stakeholders.

Council consideration of input

Master Plans are documents that identify and guide future uses and developments which are adopted by Council. Material changes or amendments to Master Plans require endorsement by Council. The outcomes of Master Plan reviews with any recommended amendments are reported to Council.

Legal /Policy

The Valley Fields ovals (Keith Mitchell and Roy Howard Ovals) are Council owned and managed land and are classified under the Local Government Act 1993 as Community Land – Sportsground and are zoned RE1 Public Recreation under Council’s LEP 2013.

Planning

Regulations regarding development of recreation facilities are often addressed under Division 12 of State Environmental Planning Policy (Infrastructure) (Infrastructure SEPP). Significant items such as lighting and amenities buildings can fall into the category of development permitted without Consent or exempt development [noting assessment under Part 5 of the Environmental Planning and Assessment Act 1979 may be required in the form of a Review of Environmental Factors (REF)]. This means that in effect, a formal Development Application is not required. This makes the notification and consultation that is a part of Master Plan development, an important part of community awareness of future developments.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

The Adopted Bega Sporting Complex (and Valley Fields) Master Plan was adopted by Council on 6 April 2016. Reviews of Master Plans are not unusual and are an important part of keeping the Plans relevant as the needs of the community change over time. Adopted Master Plans give a defined starting point for the review. Reviews would usually occur approximately 5 to 10-year timeframes.

A project to review the adopted Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan is not included in the 2018/19 Operational Plan. Works on this project will be additional and will likely affect delivery of other planned works.

Asset Management

Council has an adopted Recreation Asset Management Plan 2017. This Plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.

The proposal from the Bega Bombers AFL Club includes development of significant additional assets including a amenities building and sports field flood lighting. Development of assets may be positive in working toward Community Strategic Plan goals. However, there is also reference to ‘an asset management approach’ in the Community Strategic Plan (CSP). It is very important that assets (new or upgraded) are well planned and support needs of multiple uses. This is to ensure there is very little risk they will not be well used into the future and provide good value to the community in terms of capital investment and the ongoing operations and maintenance costs that will come with those assets.

2018/19 Operational Plan

The 2018/19 Operational Plan states. ‘In preparing the budget an asset management model approach was applied to examine and to appropriately account for the renewal and maintenance costs of Council’s Infrastructure, Property, Plant and Equipment.’

Risk

In terms of recreation planning, identified risks associated with sporting assets include:

· Investment in additional / duplicate facilities;

· Funding of ongoing operational costs (from existing sports facilities budgets);

· Delay or deferral of other planned works and asset renewals;

· Assets not aligning with community needs resulting in underutilised facilities; or limited / incorrect facilities, or over-provision / subsidising particular facilities.

Possible risk related consequences include:

· Operational budgets and resources needing to be spread more broadly;

· Inadequate resources to develop and service the asset inventory properly;

· Decreased provision of services resulting in decreased quality of service which can result in lower use and capacity;

Financial and resource considerations

Estimated costs to re-engage consultants to undertake the review of the adopted Master Plan is estimated to cost $10k. Council officer time in coordinating and working with the consultant is estimated to be 40hrs. If the total project was to be done in house, officers’ time is expected to be 175hrs.

The current ‘Bega Valley Regional Sporting Hub’ funding application through the NSW Government Sports Infrastructure Fund includes the works identified in the current adopted Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan. If Council resolves to review the Master Plan, and that review resulted in Council endorsing Plans which included additional assets they would need capital funding, either from BVSC funds and / or sourced externally through grants. The assets would also require ongoing operational and maintenance funding.

Options

Options to Council include:

1. Decline the request to review the Valley Fields elements of the Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan.

2. Endorse the Bega Bombers’ proposed amendments without consulting with neighbours, other site users and community.

3. Undertake a formal review of the Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan including consultation and exhibition of the amendments proposed by the Bega Bombers AFL Club as a priority project in 2018/19, noting other planned works will be deferred.

4. Council undertake formal review of the Bega Sporting Complex (and Valley Fields) Sportsgrounds Master Plan including consultation and exhibition of the amendments proposed by the Bega Bombers AFL Club as a project to be included in the 2019/20 Operational Plan.

Attachments

1 ⇩. Bega valley bombers football club proposed amendment to councils bega sporting complex ( and valley fields ) masterplan

2 ⇩. Bega Bombers advice and information to Council - Support Valley Fields Master Plan Review

Council 12 December 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 7 November 2018 and the supplementary report held on 5 December 2018.

Director Assets and Operations

Officers Recommendation

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

1811.SE.073 - St Patricks School March - Class 4

Recommendation

1. That the proposed event in Bega on 16 March 2019, be deemed a Class 4 special event and it be conducted under NSW Police escort.

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

3. 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.

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

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

1811.SE.074 - Far South Coast National Show February 2019

Recommendation

1. That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega is temporarily closed from 9am to 5pm on 15, 16, and 17 February 2019 for the Far South Coast National Show.

2. That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 15, 16, and 17 February 2019 for the Far South Coast National Show.

3. That the proposed traffic arrangements for the Far South Coast National Show 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.

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 Police approval prior to conducting the event.

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

1811.SE.076 – Australia Day Celebrations 2019

Recommendation

1. That, subject to conditions, Zingel Place, Bega between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 6:30am and 12pm (noon) on Saturday, 26 January 2019 for the Bega Australia Day celebrations.

2. That the proposed traffic arrangements involving the temporary closure of Zingel Place, Bega for the Bega Australia Day celebrations on Saturday, 26 January 2019, 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 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.

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 12 December 2018

Item 12.4

12.4. 2018-2019 Draft Sportsground Fees and Charges for Local Sports Clubs

Submissions from local Sports Club users relating to the draft 2018/19 fees and charges have been received.

Director Assets and Operations

Officers Recommendation

1. That Council adopt the exhibited fees and charges for Local Sports Club User Group fees/charges to be trialled as an individual rate for each registered player - $20/season for an adult and $10/season for a junior (under 18 years of age) for the 2018/19 year with the Clubs to be invoiced relevant amounts.

2. That where local Sports Clubs have increases in fees from the 2017/18 of over 50% or $500 the amount of the fee increase be applied in stages over three years (50% 2018/19; 75% 2019/20 and 100% 2020/21)

3. That the financial benefits (reduced costs and or energy rebates) from installation of the solar system by Tathra Sea Eagles at Lawrence Park be invested and utilised at that site through alternate operations and maintenance works.

4. That an investigation be undertaken of the use of Facility Management Plans (FMP) to estimate fees and charges for future years based on facility use.

Executive Summary

The proposed 2018/19 sportsground fees and charges were on exhibition from Friday 12 October 2018 to Friday 9 November 2018. The review of sportsgrounds fees for local sports clubs was published on Bega Valley Shire Council (BVSC) website ‘have your say’ and an email was sent to 68 email addresses (55 local sports clubs) on 12 October 2018, with links to the draft fees and charges and details on how to make submissions. Eleven submissions were submitted to Council.

Background

Council has been working on a revised model for sportsground fees and charges. The previous model, based on a 25% contribution to site operations and maintenance costs, had created inconsistency and large variations in fees applied to similar sports clubs. Three options were considered by the S355 General Sportsground Committee meeting on 20 August 2018. They were:

1. An hourly fee structure for local sports clubs

2. Annual fee per member based fee structure for local Sports Clubs; and

3. Maintenance fee payment e.g. electricity costs

The 355 General Sportsground Committee endorsed option two (2).

That recommendation along with background information was reported to the Council meeting on 19 September 2018. Council resolved:

1. That Council endorse for Public Exhibition the S355 General Sportsground Committee recommendation to adopt 2018/19 Local Sports Club User Group fees/charges to be trialled as an individual rate for each registered player - $20/season for an adult and $10/season for a junior (under 18 years of age) with the Clubs to be invoiced.

2. That the proposed fees be publicly exhibited in accordance with Statutory requirements

3. That following the Statutory Exhibition Period Council adopt the proposed fees/charges unless any material changes are considered necessary by the General Manager.

4. That Council note the correspondence from the Tathra Sea Eagles and refer the matter to Council staff for consideration and report.

The draft fees and charges were exhibited from Friday 12 October 2018 to Friday 9 November 2018. Email notification was distributed to 68 email addresses representing 55 local sports clubs that use Council managed sportsgrounds.

Eleven submissions have been received. The full submissions are attached to this report. A summary of the submissions identifying key themes and issues is included below.

Summary of submissions: Draft 2018-2019 Fees and Charges for local sports clubs

Name / Organisation	Summary of submission	Key themes / issues
Tathra Australian Football Club	Request for solar export credits to offset user fees dollar for dollar especially as club have made considerable capital investment and maintenance to Lawrence Park	Club Capital Investment
Far South Coast Cricket Association (FSCCA) Grant Keogh	Support user pays principle if facilities and grounds kept up to standard, need female change rooms at all ovals	Facility inequity/quality Capital upgrades needed
Merimbula-Pambula Minor Rugby League Club	Do not support increase to fees where no commensurate facility upgrades	Facility quality
	New fee structure will discourage club from maintaining the grounds themselves	Inhibitor for participation
	Fees will increase 200% / triple which will impact on parents	Increased Fees
	Concern visiting teams will have to pay charge	Visiting team payment
	Lack of equality with some Council facilities free to groups while others have to contribute	Perceived inequity between other users and facilities.
Bega District Netball Association	New system disadvantages netball as does not relate to costs of maintenance and netballers will be subsidising other sports	Facility inequity
	Request for member numbers in financial year administrative burden for clubs as memberships based on calendar year and estimates can be inaccurate	Administrative burden
	Keeping fees down will encourage participation with health benefit for children and increase may discourage new/existing members	Increased fees
	Fees for club will increase 800% and no credit rebate for casual bookings	Increased fees
	Petition with 88 signatures objecting to proposed fee structure	Increased fees
Lumen Christi	Inequity if sporting groups can use Pambula Sports Complex free of charge and school is charged for use especially as school provides periodic assistance to complex when asked	Perceived inequity (other/casual users)
Bega Roosters RLFC	Agree with player 18 years and younger deemed a junior	Agreement to proposal
Bega Roosters RLFC	Council should waive user fee where capital outlay within year is greater than user fees for season in recognition of benefit to community	Club Capital Investment
Bega Valley Bombers Football Club	Appreciate need for contribution but flat structure not equitable and a graded payment structure reflecting facilities available and maintenance required at each ground fairer	Facility inequity
Bega Devils Football Club	Keen to avoid fee increases for players and frustrated by lack of facilities available to members	Increased fees Facility inequity Capital upgrades needed
Bega Devils Football Club	Regardless of fee model do not support imposition of fees on club until facilities warrant a fee being paid to use them	Increased fees (any fees) Facility inequity
Bega Minor Rugby League	No objection to paying fees but high cost for each league club to function, including coaches, runners and referees, as well as uniforms.	Increased fees Cost of general club operations
Far South Coast Cricket Association (FSCCA) Drew Mudaliar	Registered players may only play one or two games (sporadically). The teams such as Eden & Tathra who have higher fees due to higher turnover of registered players.	Increased fees
Far South Coast Cricket Association (FSCCA) Drew Mudaliar	Disparity in the quality of facilities to the fees charged at different grounds.	Facility inequity

Table 1. 2018-19 fees and charges submissions by local sports clubs.

Discussion on key issues / themes

Club Capital Investment

The purpose of Council developing a fees and charges structure for sportsgrounds is based on users making a contribution to the operation and maintenance costs related to the assets and facilities they use.

It is not unusual for sports clubs to undertake capital works projects at sites they use. The projects often relate directly to the use or needs of a particular club and their members. Council appreciates the local sports club’s capital contribution to upgrading of facilities. Despite capital works operational costs such as electricity bills and grounds maintenance cost still need to be paid.

The submission forward by Tathra Sea Eagles relates to a solar power project they have implemented at Lawrence Park. The project came from a community project proposal. The project will reduce operating costs and could have the potential to generate credit against the electricity account. The majority of this project was funded by grants sourced by the Tathra Sea Eagles. The Club is requesting this be directly utilised as a financial benefit / incentive to members through reduced user fees. It is an interesting proposal and one that may apply at other sites in the shire in the future. There are some items to consider against this proposal.

· It would pass on benefits of the project to the club members a direct financial benefit.

· The benefit would not go into improving or reducing other operations or maintenance programs at the site.

· The proposal would require an amendment or exception to Councils user contribution model.

If there is a net reduction in operating costs at the site as a result of reduced (or potentially zero) operating costs at the site then the result would be more funds available to support other operations and maintenance activities (rather than electricity). Examples may include increased annual oval renovations, building maintenance and maintenance of new and upgraded systems and assets. This would also mean there would not be an exception to the BVSC user fees and charges.

It should be noted and confirmed that sportsground fees and charges are a contribution to operational and maintained costs of facilities.

Inhibitor for participation / Costs of club operations

Some submissions stated that increased fees would be (or be perceived) to be an inhibitor for participation. Some submissions list and acknowledge the other costs associated with operations of a local sports club.

The proposed fees are relatively modest. Assuming on average a sport season (summer or winter) is 15 weeks, per week fee equates to 66 cents for juniors or $1.33 for seniors. The fees are a contribution to the operations and maintenance of the primary items needed for local sports clubs being somewhere to play.

The practice of user fees charges to local sports clubs is common practice across the majority of local government areas. The proposed member based method is not unusual. For example, it is used by Eurobodalla Shire Council. (With the proposed BVSC charges being between 20% - 40% less per member)

As stated above the fees are a contribution to operations and maintenance of facilities. Reducing revenue will also reduce maintenance programs resulting in poorer facilities which are also an inhibitor to participation.

Fees have been charged for the past several years. The NSW Active Kids Rebate has also in place for the past 2 years which has been helpful to parents.

It should be noted the exhibited sportsground user fees are modest and make a contribution to operations and maintenance of the facilities used by sports clubs, with the majority of costs (approx. 75%) being borne by the broader community.

Facility Inequity

Submissions regarding facility inequity related to some Clubs not having access to the same facilities or as many facilities as other grounds.

It is acknowledged each sports ground site is different and has differing facilities. Even within sites, different Clubs have access to differing amount and quality of facilities.

It is true that under the exhibited fee structure members of Clubs whose home ground is a ‘local’ level site will be paying the same fees as members with home grounds that are ‘district’ or ‘regional’ level sites.

The previous model of fees and charges was based on site specific operational costs. However, that model proved inconsistent, impractical and unworkable.

The proposed fee amount is modest. To make amendments related to differing sites on annual member ship fees of $10 Junior and $20 Senior will in effect result in reductions or increases in ‘cents per week’ contributed per member.

A member based fee structure reflects that many sports use other sites and facilities during the regular sport season.

It should be noted there are differing facilities at different sites however to enable a constant and workable fee structure the exhibited fee per member structure be adopted.

Increasing fees for some clubs

The proposed fee structure is a change in practice to achieve a more consistent and practical shire wide method. The member based structure also has a relationship to a ‘level of use’ by sports clubs (through a membership basis)

As a result of the change in practice, some Clubs fees will be less, most Clubs will be similar, and some will be more. However, the model is based on all sports club members being charged the same fee structure across the Shire (fees to be administered by the Clubs). It is noted that Clubs with high member numbers that have been paying low annual fees will be subject to increased fees.

To address concerns over short term impacts, a staged implementation is recommended where Clubs have fee increases of over 50% or $500 pa and full fee structure be phased in over three years by applying the amount of the fee increase in stages over three years (50% 2018/19; 75% 2019/20 and 100% 2020/21).

The above effectively means that if a Club was required to pay $1000 more than previously it would, an additional $500 in the first year, $750 in the following year (relative to their original fee) and the full additional $1000 in the third year (relative to their original fee).

Will visiting teams pay

When participating in a booked season match hosted by a local sports club, visiting teams will not be included in the per head per member calculations for the Club hosting visiting teams given that in most situation those visiting teams will be contributing to another site within the Shire.

Perceived inequity – Other uses

Submissions were received regarding inequity of some user groups not paying fees, as well as the flat rate per member not being perceived as equal. All user groups are required to pay fees and charges. Casual fees are based on hourly rates for use. Local sports clubs fees are proposed to be based on seasonal rates for use.

The flat rate proposal is in replacement of site based contribution determined by site committees. The suggestion of a graded payment structure reflecting the facilities available at each ground would not be viable, as (for example) each Club plays at different grounds at least each fortnight with different facilities.

It is true Council does not charge fees for use of some other recreation assets such as playgrounds or parks. These types of facilities do not have increased access levels to particular Clubs or groups. If a particular group wished to have exclusive or increased access to public facilities, it is considered it would be appropriate for Council to apply a reasonable user fee structure (such as is applied to booking Library rooms or Halls).

Administrative Burden

Concern was raised regarding fees charged on a financial year basis with Club seasons operating on a calendar year and Clubs not having the registered numbers available at the start of the financial year.

It is common for a number of sporting groups to commence their season in the new calendar year. An indication of members is provided by Clubs as they make their bookings. Prior to invoicing, Clubs will be asked to confirm actual numbers. These figures can be referenced against sporting association numbers and the registration numbers are gathered at the start of the sporting season. Any extra players or change of players would be added to the initial registration estimates when calculating the fees and charges. If sporting groups are conducting a winter and summer season additional registered players would pay for the additional season.

The charge for the 2018-19 year would apply to seasons commencing in the season in January 2019. Seasonal user group’s invoices are raised in May each year.

This will continue to apply. While invoices may be distributed later in the season, fee amounts apply as per the financial year the season begins (excepting the 2018 winter season).

Comparison of Neighbouring Councils

Council officers have reviewed and compared Eurobodalla Shire Council (ESC) and Snowy Monaro Regional (SMRC) Councils’ fees and charges for sportsgrounds to the draft BVSC sportsground fees.

ESC is charging fees per member registration (same model as BVSC draft for 18/19).

Fees are:

· Junior participation fee per season $12 per register player per season

· Senior participation fee per season $27 per registered player per season

(Over 17 years, touch football, netball, Oz tag)

· Senior participation fee per season) $38 per registered player

(Over 17 years, rugby league, rugby union, cricket, hockey, football, baseball, AFL)

Generally the proposed BVSC charges are 20% – 40% less than ESC charges.

SMRC fee charging is per venue with different fees for each venue as well as differing fees based on per hour, per day, season and annum. This is a complicated system and possibly a result of the recent merger. SMRC do not charge junior sports teams under 18 years.

Asset Management

There are many assets at sportsgrounds that are needed for the sites to function. Playing fields, floodlights, change rooms, carparks, seating, pavilions and kiosks, irrigation systems, fencing and gates, lawn surrounds and public toilets are all common facilities at sportsgrounds. They require planning and resources to have them operating and maintained. There are typically much higher utility costs and more assets that require higher service levels at sportsgrounds than in general parkland areas.

An important item to consider is sportsgrounds booked users have increased access and the broader community often has limited access. Users get the benefit of the ongoing operations and maintenance that goes into seeing the site and facilities is in a fit for purpose condition. In effect, user contributions are an acknowledgement of periods of increased access and use of the community facilities.

Financial and resource considerations

The operating revenue provided by the user fees is important. Without that revenue services provided by Council will need to be reduced to meet budgets; or funding transferred from other service areas to meet the shortfall.

An additional advantage of having a user/membership based model is it facilitates tracking of information that can be used to support future capital grant funding applications to demonstrate usage.

Options

Options to Council include:

1. Apply the previous 25% operational cost site based method noting the issues of inconsistency and fee amounts between similar Clubs.

2. Do not apply user fees to local sporting clubs. This would be much easier to apply however it would result in less revenue and less resources for grounds and facilities operations and maintenance.

3. Adopt the exhibited local sports club fees and charges.

4. Adopt the exhibited local sports club fees and charges applying a staged implementation for Clubs with increases greater that 50% and or $500.

Attachments

1 ⇨. Submissions by local sports club user groups 2018-19 sportsground fees and charges (Councillor Only)

Council 12 December 2018

Item 12.5

12.5. RFT 59/18 Recreational Fishery Waste Services

This Request for Tender (RFT) relates to the disposal and processing of organic fish waste at Bega Valley Shire Council (BVSC) boat ramps and requires a Council resolution to proceed.

Director Assets and Operations

Officers Recommendation

1. That Council decline to accept the offer.

2. That Council notify the tenderer that no tender was accepted.

3. That authority is delegated to the General Manager to enter into direct negotiations with the tenderer with a view to entering into a contract in relation to the subject matter of the tender, via a fair and accountable process.

4. That the reason for declining to invite fresh tenders or applications is because the scope of the tender remains unchanged and cannot be meaningfully amended and so cannot be expected to attract market attention that would not already have been present in this tender invitation process.

5. That the reason for determining to enter direct negotiations is to identify opportunities for reduced costs by divesting risk, lowering levels of service, or by any other method as compared to the tendered offer.

6. That authority is delegated to the General Manager to accept the result of the direct negotiation process, or; invite fresh applications by public advertisement, postpone, or cancel the proposal for the contract.

Executive Summary

Council officers recognised a need for the clean-up of fish waste being left to rot at boat ramps and fish cleaning facilities. Only one tender was received and the cost of the offer was higher than expected. By determining the reason for the higher than expected cost it is possible that direct negotiations may yield an offer that is acceptable to both Council and the tenderer.

Background

Request for Tender (RFT) 59/18 to provide sustainability focussed collection and processing services for fishery waste generated at recreational boating facilities closed to submissions on 14 November 2018.

The site of the Services is located at popular fish cleaning areas and boat ramps along the Bega Valley Shire coastline, including:

· Bermagui Harbour Boat Ramp

· Bermagui River Boat Ramp

· Kianinny Boat Ramp

· Mogareeka Boat Ramp

· Merimbula Boat Ramp

· Quarantine Bay Boat Ramp

The Contractor was asked to nominate proposed processing arrangements as part of their tender submission. Processing arrangements may include but are not limited to:

• Processing off site at a single location.

• Processing off site at multiple locations.

• Processing near point of generation (i.e. in public open space).

• Partial in-situ processing (e.g. Bio-bin)

Options

Councillors could choose to accept the tendered offer however, this may not represent value to Council.

Councillors could choose to cancel this tender, however, no plan to deliver the required services has been developed. The recommended direct negotiation option does not preclude a later decision to decline to accept any offer.

Councillors could choose to accept the recommendation to enter into direct negotiations. This represents the best opportunity to understand the reason for the unexpected price and potentially reach an agreement with the tenderer.

Attachments

1 ⇨. Confidential Memorandum RFT 59/18 Recreational Fishery Waste Services (Councillor Only)

Council 12 December 2018

Item 12.6

12.6. Community Hall Maintenance Funding 2018/19 and Community Hall Committee Nominations

This report presents the recommendations from the Section 355 General Halls Committee for the allocation of the halls maintenance budget in 2018/19, and 6 nominations for Hall Committee membership.

Director Assets and Operations

Officers Recommendation

1. That Council endorse expenditure from the 2018/19 halls maintenance budget as described in this report.

2. That Council appoint nominees to Council’s Community Hall Committees as indicated in the attached Confidential Memorandum.

Executive Summary

There are 19 community halls across the Shire, 17 of which are managed by Community Committees and volunteers with the assistance of Council officers. Council provides an annual budget allocation for maintenance projects at these Halls. These funds supplement the ongoing operations and regular maintenance that is funded through fees and charges.

In 2018/19 the adopted budget for the maintenance/renewal of community halls is $70,000. Potential maintenance projects have been proposed by individual Hall Committees after consultation with Council officers.

The participation of volunteers in the care and management of Council’s community halls is an important way in which these facilities are activated, maintained and remain responsive to local needs and aspirations.

Seven new nominations for positions on Community Hall Committees have been received and are provided to Councillors in an attached Confidential Memorandum for consideration.

Background

In 2017/18 seven priority projects were identified for funding, these included: Carpentry works at Quaama Hall; Re-stumping at Wandella Hall; Driveway repair at Murrah; Removal of dangerous vegetation Brogo Hall; External repairs Bemboka Hall; External cladding repairs Tanja Hall; Floor sanding at Wolumla Hall; and addressing drainage issues at Candelo Hall.

The recommendations of the General Community Halls Committee (GCHC), for the allocation of the maintenance funding in 2018/19 are as follows:

Hall	Project	Amount
Murrah	Installation of accessible ramp	$15,150.00
Quaama	Various carpentry works including possum proofing the hall	$8,800.00
Rocky Hall	Replace windows and hand rails	$6,000.00
Wolumla Hall	Replace ceiling and upgrade lighting in kitchen area (carried out as part of kitchen upgrade works)	$6,000.00
Tarraganda Hall	External repairs and painting ($8250.00 funded externally)	$3,370.00
Tanja Hall	Installation of reverse cycle air conditioning	$7,000.00
Candelo Hall	Address drainage issues, carried over from 2017/18	$10,00.00
	Responsive Maintenance	$13,680.00
	TOTAL	$70,000.00

In preparing these project proposals Council officers met with each Community Hall Committee on site to review the recently completed building condition assessment report, to consider the Facility Management Plan (FMP), and to discuss the Committee’s observations. Potential projects were identified through this process and quotes on works from accredited contractors were sought.

Further project proposals have been received; these will be considered towards the end of the financial year to ensure that all nominated projects have been completed on budget and that no major unforeseen projects arise.

Committee Nomination

An additional seven nominations have been received for various Community Hall Committees. This information has been provided in the attached Confidential Memorandum for endorsement by Council.

Financial and resource considerations

Funding source		Amount
Halls Maintenance & Renewals	$	70,000.00

Legal /Policy

The GCHC is appointed under section 355 of the Local Government Act 1993. Section 355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally.

The delegated functions of the Hall Committees are set out in the Community Hall Committee Guidelines. These prescribe the manner the Committees must operate within.

Impacts on Strategic/Operational/Asset Management Plan/Risk

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

Active and Healthy Communities

Goal 1 - We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual FMP are in place for all Community Halls.

Risk

The recommended maintenance projects have been assessed in terms of priority, affordability and achievability, and whether works would avoid ongoing asset deterioration or mitigate Workplace Health and Safety risks.

Social / Cultural

Community Halls play an important role as central points for social and cultural activities in towns and villages across the Shire. Partnerships developed with community members to manage and care for these assets, have multiple benefits and support community wellbeing.

Attachments

1 ⇨. 2018.12.12 Confidential Memorandum Community Hall Committee Nominations (Councillor Only)

Council 12 December 2018

Item 12.7

12.7. RFT 47/18 Tathra to Kalaru Bike Track - Kalaru Section and Water Main Renewal

This report details the outcome of evaluation of Tender RFT 47/18 Tathra to Kalaru Bike Track – Kalaru Section and Water Main Renewal, and recommends award to the preferred tender.

Director Assets and Operations

Officers Recommendation

1. That Council accept the recommendations as outlined in the Confidential Attachment.

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 47/18, 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

This report provides details of the Tathra to Kalaru Bike Track – Kalaru Section and Water Main renewal project and Request for Tender (RFT) recommendation.

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.

Council invited tenders from suitably qualified contractors to carry out the construction of a section of the bike track near Kalaru and approximately 2 km of water main. The water main construction was a necessary addition to the works as the new bike track would be constructed over an old main nearing the end of its useful life. The water main portion of this RFT has been funded separately to the bike track project.

Community Engagement

Consultation undertaken

Various communication efforts have been carried out to consult with the public regarding the project. These include: public exhibition; a letter drop to residents in the immediate vicinity of the planned works; and extensive information on Council’s website and Facebook page

Consultation Planned

The successful Contractor will undertake a construction impacts consultation to mitigate any disruption to traffic and residents during the construction phase.

Financial and resource considerations

The water main renewal budget is designed to improve reliability of the water reticulation network. By increasing reliability this reduces maintenance resources into the future.

The additional asset of the Bike Track will have an increased maintenance cost to council into the future. Information from the project team will be provided to Council’s Assets Team to be incorporated into future budgets.

Funding source		Amount
Tathra to Kalaru Bike Track	$	3,000,000
Water Asset Renewal	$	500,000

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, Goals and Short Term Priority proposals of the Bega Valley Bike Plan and the Water Asset Renewal Strategy.

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.

Reduce the likelihood of water main breaks.

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 ⇨. Confidential Memorandum RFT 4718 Tathra to Kalaru Bike Track (Councillor Only)

Council 12 December 2018

Item 12.9

12.9. Tathra Everyone Can Play Inclusive Playspace - Project Update

The report provides an update on the status of the Tathra - Taylors Square: Everyone Can Play Inclusive Playspace Project.

Director Assets and Operations

Officers Recommendation

1. That the information in the report be received and noted.

2. That Council delegate authority to the Mayor and General Manager to endorse and approve elements of the project as required as a method to help progress of the project timeline; and that Councillors be informed of major items by Memo.

Executive Summary

Council received grant funding of $600k to develop the Lot Stafford Playground in Tathra to be an example site of the ‘Everyone Can Play’ Playground Development Guidelines recently developed by the NSW Office of Openspace and Parklands (OOSP).

The project to deliver the funded “Everyone Can Play” playground at Tathra is included in the adopted 2018/19 Operational Plan.

Project concept development got underway in early September 2018. An important part of the initial information gathering included stakeholder, local school and site information consultation sessions.

The timeframe to deliver the project to renew and upgrade the existing asset will be challenging. It is the main risk within the project. A mechanism for Council to help to keep the project program moving forward would be to delegate authority to the Mayor and the General Manager to endorse and approve elements of the project as need be; with Councillors to be informed of major items by Memo.

Background

The OOSP commissioned a Landscape Architect (Ric McConaghy Pty. Ltd.) to undertake consultation and design of the project. Project concept development got underway in early September 2018. Consultation information was collated and, along with detailed site analysis and information gathering, concept designs have been developed. Those concept plans, and an overview of other information used to inform their development, have been included in a package of project information that was announced for public exhibition on site on the 30 November 2018.

One of the criteria for the project funding is a tight project timeline with the project required to be complete by 30 June 2019. There is still a lot of work to do to deliver the project including:

· Approval of an agreed concept plan

· Ordering and procurement of specified playground equipment

· Development of tendering and construction documentation

· Tendering and procurement of construction contract/s

· Construction and other contractor (i.e. supply) coordination

· Commissioning and opening

The above stages will see some challenges in managing the project timeline.

Community Engagement

Consultation undertaken

An intensive program of community engagement and information gathering was undertaken in early September 2018. It included stakeholder, school and onsite workshops and information gathering.

Consultation Planned

An exhibition period of the proposed concept plan is currently being undertaken from 30 November 2018 to 10 December 2018.

Council consideration of input

A summary of feedback from the exhibition period will be provided to Councillors prior to the Council meeting.

Legal /Policy

Planning

The Lot Stafford Playground is within Taylors Square parkland area at Tathra. Taylors Square is Council managed Crown Reserve. It is zoned RE1 Public Recreation Council Local Environment Plan 2013 (CLEP 2013).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

2018/19 Operational Plan

The project to deliver the funded “Everyone Can Play” playground at Tathra is included in the adopted 2018/19 operational plan.

Asset Management

Council has an adopted Recreation Asset Management Plan 2017. This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.

The existing Lot Stafford Playground is included in the adopted Recreation Asset Management Plan. It is classified as a regional playground.

The project is directly related to renewal and upgrade of the existing asset. The site is very popular, has other associated facilities and uses nearby (parking, amenities, surf-club etc) and has been classified as a regional playground. This will see the upgraded asset being very well used and providing good value to the community in terms of both initial capital cost (grant funded) and ongoing operational costs.

The Everyone Can Play grant funding has provided the opportunity to renew and redevelop the playground into an inclusive play space. It brings forward the scheduled play equipment by 2 years, at no capital cost to Council.

Economic

The development of an inclusive playground in Tathra will benefit local businesses. The project links directly to the ‘accessible and inclusive tourism markets’.

Risk

The key project risk for Council relates to delivering the project within the project time frame. Council has submitted funding applications for similar projects and successful delivery of the Tathra project will help support future funding applications. Options to help manage this risk are discussed below.

Financial and resource considerations

Bega Valley Shire Council (BVSC) has not provided funding for the project. The project is grant funded through the NSW Department of Planning – Everyone Can Play program.

The project design work has been commissioned directly through the Office of Openspace and Parklands (OOSP).

Funding source		Amount
Department of Planning (OOSP)	$	600,000

Options

Within the project stages above there are three, in particular which have the capacity to cause delays in project delivery. These are:

· Endorsement of the concept plan. At the time of finalising this report the exhibition of the concept plan was underway. That exhibition period will be completed by the time of this Council meeting. Noting the level of initial consultation and the application of that information in the concept design development, it is anticipated that overall the feedback will be positive. Inevitably, as with any large project, there may be some differing points of view. An update on the progress and feedback from the exhibition period will be provided to Councillors prior to the meeting. To continue a program to deliver the project, it will be important for there to be in principle agreement on the concept plan, noting that industry specialists and the community have been engaged it its development. This is particularly important in regards to selection of playground equipment.

· Play Equipment Orders - This typically requires lead times of several months and has the potential to cause delays in project delivery. This can be managed through BVSC endorsement of recommended equipment enabling orders to be placed with manufactures.

· Engagement of construction contractors and procurement of other materials required for construction of the park. As with any major project there is likely to be purchases of over $150k. For this project, the main purchase will be the construction contract/s. Under BVSC Procurement procedures, purchases over $150k are reported to Council. This can cause some delays in aligning reasonable tender periods, tender assessment timeframes and drafting of reports to align with Council meeting dates.

The options in relation to each of these issues are:

1. Apply current BVSC practices and draft reports to Council for each item as they arise, noting the next Council meeting will be in late January 2019. This will cause delays and impact on the scheduled time fame for the project delivery.

2. That Council delegate authority to the Mayor and General Manager to endorse and approve elements of the project as required to continue with the project timeframe with Councillors to be informed of major items by Memo.

Attachments

Nil

Council 12 December 2018

Item 13.1

13.1. Code of Conduct Statistical Reporting 2017/2018

Statistical reporting on Code of Conduct information provided to the Office of Local Government annually.

General Manager

Officers Recommendation

That Council note the report.

Executive Summary

Council is required to publish annually Statistical Reporting information on Code of Conduct complaints lodged regarding Councillors and the General Manager and to also report this information in a designated format, to the Office of Local Government with the reporting period being period 1 September to 30 August.

Council also provides information regarding lodged Code of Conduct complaints in its Annual Report, for the reporting period of 1 July to 30 June.

Background

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

Part 12 Reporting on Complaints Statistics

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

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

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

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

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

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

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

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

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

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

Legal /Policy

Bega Valley Shire Council reported to the Office of Local Government as required by 30 November 2018 for the reporting period 1 September 2017 to 31 August 2018 as outlined in the table below:

Number of Complaints
1	a	The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct	10
	b	The total number of complaints finalised in the period about councillors and the GM under the code of conduct	7
Overview of Complaints and Cost
2	a	The number of complaints finalised at the outset by alternative means by the GM or Mayor	4
	b	The number of complaints referred to the Office of Local Government under a special complaints management arrangement	0
	c	The number of code of conduct complaints referred to a conduct reviewer	6
	d	The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer	3
	e	The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer	0
	f	The number of finalised code of conduct complaints investigated by a conduct reviewer	0
	g	The number of finalised code of conduct complaints investigated by a conduct review committee	0
	h	The number of finalised complaints investigated where there was found to be no breach	0
	i	The number of finalised complaints investigated where there was found to be a breach	0
	j	The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	0
	k	The number of complaints being investigated that are not yet finalised	3
	l	The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs	$5,538

Attachments

Nil

Council 12 December 2018

Item 13.2

13.2. Classification of land dedicated to Council at Pambula

This report seeks approval to commence a public notification process to classify land recently dedicated to Council at Monaro Street in Pambula as Operational Land under the Local Government Act 1993 (NSW).

Director Assets and Operations

Officers Recommendation

That Council give notice of its intention to classify Lot 17 and 18 DP 1247734 at Monaro Street, Pambula as Operational Land under Section 34 of the Local Government Act 1993 (NSW).

Executive Summary

Part of Development Consent 2013.437, Lot 17 and 18 DP 1247734 at Monaro Street in Pambula has been dedicated to Council to ensure the environmentally sensitive land is preserved into the future. The Certificates of Title have now been received by Council officers and the land should now be classified as Operational Land under the Local Government Act 1993 (NSW) (the LG Act) to allow for a range of future uses of the site.

Background

As required under Development Consent 2013.437 for the staged 17 lot subdivision at Monaro Street in Pambula, Lot 17 DP 1247734 was dedicated to Council as Drainage Reserve and Lot 18 DP 1247734 as Public Reserve free of any cost or encumbrances. The land parcels were dedicated to Council for the purpose of preservation of the environmentally sensitive area. Property officers are now in receipt of the Certificates of Title for the land and accordingly, the parcels of land require classification. It is recommended this land be classified as Operational Land under the LG Act to allow flexibility if easements for services are required to be registered over the land in the future or if Council wishes to divest of their interest in the land to a suitable land owner.

Throughout the Development Assessment process, Panboola Wetlands group expressed an interest in potentially adding the land to their land holding at some stage in the future for environmental management. This proposal is not considered at this time however classification as Operation Land will allow Council to consider divestment in the future if the group wish to pursue the proposal. A notation will remain on the Titles indicating the land is Drainage Reserve/Public Reserve.

Council approval is now required to commence the public notification process required to classify both parcels of land under Section 34 of the LG Act.

4550486

Options

The options available to Council are:

1. Commence the public notification process to classify the land recently dedicated to Council at Monaro Street in Pambula as Operational Land to allow for a range of future uses of the site; or

2. Resolve not to commence the public notification process to classify the land recently dedicated to Council at Monaro Street in Pambula as Operational Land. Any land dedicated to Council that is not classified by a Council Resolution within 3 months of dedication, will at the end of the 3 month period be taken to have been classified under a local environmental plan as Community Land. If the land parcels were to revert to Community Land the land may not be used for any purpose other than that for which it was being used immediately before it was dedicated to Council, and Council may not dispose of any interest in the land.

Community Engagement

Section 34 of the LG Act provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final Resolution to classify Lot 17 and 18 DP 1247734 as Operational Land.

Financial and resource considerations

The costs associated with advertising the proposal will be borne by Council and Council’s Property officers will be required to complete the public notification process to classify the land.

Legal /Policy

Under section 26 of the LG Act Council land must be classified as either Community or Operational Land. Section 31 of the LG Act provides that a property may be classified within 3 months of dedication by Council Resolution or it automatically defaults to Community Land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

While the land remains unclassified the land may not be used for any purpose other than that for which it was being used immediately before it was dedicated, and Council may not dispose of any interest in the land.

Attachments

Nil

Council 12 December 2018

Item 16.1

16.1. Country Mayors Assocation meeting held 2 November 2018

Country Mayors Association meeting held on the 2 November 2018.

Cr McBain, Mayor

Country Mayors Association – 2 November 2018

The AGM of the Country Mayors Association (CMA) meeting was held at Parliament House, Sydney.

Cr Katrina Humphries of Moree Plains Shire was again elected unopposed as Chairperson.

Cr Michael Pearce of Uralla Shire Council was elected unopposed as Deputy Chairperson.

The following persons were elected to the Executive of Country Mayors:

• Cr John Seymour, Cooloamon Shire Council

• Cr Liz Campbell, Kempsey Shire Council

• Cr Catherine Redding, Narrabri Shire Council

• Cr Kathy Sajowitz, Oberon Council

• Cr Peter Petty, Tenterfield Shire Council.

• Cr Rowena Abbey, Yass Valley Council

We then moved into the General Meeting and CMA considered and resolved on the following Motions:

County Council Membership

RESOLVED That membership of the Country Mayors Association by County Councils be referred to the next meeting of the Association (Bland Shire Council / Blayney Shire Council)

Waste to Energy

RESOLVED that the Association write to NSW Councils requesting a maximum contribution of $15,000 to fund the Waste to Energy Feasibility Study at a local scale that is to be subject to a pro rata redistribution rebate subject to the amount collected (Parkes Shire Council /Forbes Shire Council)

RESOLVED That the Association write to the Minister for the Environment requesting that Local Government be included in the Environment Protection Authority’s (EPA) review of their Waste to Energy Policy (Goulburn Mulwaree Council / Bega Valley Shire Council)

8 March 2019 Meeting

RESOLVED That Country Mayors Association in conjunction with Local Government NSW (LGNSW) arrange a question and answer session on the 8 March 2019 at Parliament House between the leaders of the major NSW Political Parties and the Mayors and General Managers of NSW Councils (Coonamble Shire Council / Blayney Shire Council)

Street Smart Lighting

RESOLVED That the Association write to the Premier and the Opposition Leader expressing support of the Street Smart Lighting program developed by Essential Energy and ROC’s in southern NSW and request that financial support be provided to allow the project to proceed (Shellharbour City Council / Bland Shire Council)

Local Government Superannuation

A MOTION WAS MOVED:

1. “That Country Mayors Association express its concerns to Local Government Superannuation (LGS) at the continuous demand on all Councils in NSW for additional contributions which often exceeds more than 1% of Councils’ general rate take beyond the normal percentage on superable salary for the Defined Benefit Plan (DPB).

2. That Local Government Superannuation be requested to undertake an independent audit on the investment strategy to give confidence to stakeholders that the returns on superannuation funds are appropriate to the risk portfolio.

3. Country Mayors Association requests that Local Government Superannuation to cease the additional contributions on the defined benefit plan immediately as the assets associated with the scheme now exceed the liabilities

4. That Country Mayors Association requests that LGNSW ensure Industry applicants for any external Board positions be apolitical and not members of any political parties or political organisations.

5. That Country Mayors Association requests Local Government Superannuation to amend its constitution immediately to reflect the APRA recommendation that the Board be made up of three union representatives, three industry representatives and three independent representatives with the chair coming from the independents.”

(Goulburn Mulwaree/ Bega Valley Shire Council)

CARRIED ON THE CASTING VOTE OF THE CHAIRPERSON

Regional Infrastructure Office

RESOLVED That the Association write to Ken Gillespie thanking him and his team for the support and assistance given to Country Mayors. (Moree Plains Shire Council / Temora Shire Council)

CMA also received the following presentations:

Simon Draper, Secretary, Department of Industry

The Department of Industry is responsible to five Ministers, and eleven portfolios and has a multitude of functions such as industry, primary industry, water, skills vocational education and TAFE. Ninety nine percent (99%) of the State is currently impacted by drought in some way or another depending on criteria such as rainfall, soil, moisture and pasture growth. The drought fund has been increased to $600 million plus $500 million has be made available for relief packages such as transport subsidies, cost of living waivers and community health. The Government has received 35,000 applications. Water usage per connection has halved and 400,000 more people have access to water and sewerage programs. A specialist team has been established to work with Local Government to solve critical water security issues. A draft policy is being developed on water metering “No Meter No Pump”. The Government’s objective was to create 150,000 new jobs over 4 years but 360,000 jobs have been created More jobs were created in NSW country areas than Victoria, South Australia and Queensland country areas combined. There is a skills and relocation package of $10,000 available and $320 million low interest or no interest loans are available. Business Connect provides advice to small business.

Alex Young, Director, Community and Behavioural Change, NSW Environment Protection Authority

The purpose of the Container Deposit Scheme is to reduce drink container litter in NSW. The goal is to reduce litter by 40% by 2020. Material and Financial flows from suppliers to recyclers and network operators to the collection points. Total collection since the start last December is 864 million, average daily rate 3.38 million and highest daily rate 4.89 million. There are 688 collection points with 80.2% collected through vending machines. The aim is to provide collection point to all towns with a population of 500 or more. There have been some increases in beverage prices eg beer 4.5c, soft drinks 10.4c, water 10c and fruit juice 4.8c. There is high community support 91% and public awareness was 93%. So far $50 million has been paid out.

David Salisbury, Executive Manager Engineering, Essential Energy

Ms Julie Briggs CEO, REROC

Essential Energy looks after 1.38 million power poles, 840,000 customers, covers 95% of NSW ie 737,000 square kilometres of rural network and 183, 612 kilometres of overhead power lines. The role of Essential Energy is distribution and distribution costs are 37% of electricity costs. There are 163,000 street lights in 83 council areas. Southern Light, a Local Government ROC’s project in southern NSW, has a crucial role in promoting the Street Smart Lighting opportunity and has examined the costs of street lighting to LED to save costs. There is an opportunity to create a State solution to connect to LED and smart solution. Traditional lighting to LED to connected luminate to small pole as hub of services. These solutions can be applied to other opportunities in tourism, agriculture, mining and transport. The next step is to obtain a funding decision from the NSW Government

Mr Steve Orr, Premier and Cabinet

Mr Orr advised that Ken Gillespie and his Regional Infrastructure team would finalise their operations in December with the State election to be held in March 2019. A Department of Premier and Cabinet Regional Team will be formed and with this restructure in the Premier’s Department, regional NSW will be given a stronger presence with bigger teams to work with regional NSW

Cr Linda Scott, President, Local Government NSW

LGNSW will change dates of their Board meetings so that they do not clash with CMA meeting dates. The Annual conference was a success. LGNSW launched the Local Government Drought Fund in Forbes The billion $ Safe and Secure Water Program red tape removal is welcomed. It was pleasing to get the message to Conference from the Government and Opposition that “No one size fits all”. Cost Shifting Report was released in Bellingen this week. LGNSW as one organization is working well. LGNSW is currently recruiting for a new Chief Executive. LGNSW has changed the way appointments are made to Boards.

Attachments

Nil

Council	12 December 2018
*Item 9.2 - Attachment 1*	Development Plan

Council	12 December 2018
*Item 9.2 - Attachment 2*	Locality Plan

Council	12 December 2018
*Item 9.2 - Attachment 3*	Applicants submission - Reasons to justify variation to development standard

Council	12 December 2018
*Item 9.2 - Attachment 4*	Draft Consent

Council	12 December 2018
*Item 10.1 - Attachment 1*	Formal request from Nardy House Inc for assistance with Stage 3 of the Nardy House Project

Council	12 December 2018
*Item 12.1 - Attachment 1*	Community Project Proposal Summary Sheet December 2018

Council	12 December 2018
*Item 12.2 - Attachment 1*	Bega valley bombers football club proposed amendment to councils bega sporting complex ( and valley fields ) masterplan

Council	12 December 2018
*Item 12.2 - Attachment 2*	Bega Bombers advice and information to Council - Support Valley Fields Master Plan Review

Council	12 December 2018
*Item 13.3 - Attachment 1*	Council report 10 October 2018 - Classification of land acquired by Council

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

12 December 2018

Staff Reports –Planning And Environment

12 December 2018

9.1. Rural Living - Strategic Directions Report

Officers Recommendation

Attachments

Staff Reports – Community, Culture and Leisure

12 December 2018

Council

12 December 2018

Staff Reports – Infrastructure Waste And Water

12 December 2018

Council

12 December 2018

Staff Reports – Governance And Strategy

12 December 2018