Agenda of Council - 10 April 2019

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

10 April 2019

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 13 March 2019 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 received prior to publication of the business paper..................... 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 Planning Proposal for B4 Mixed Use Zone at Tathra Headland...................... 11

9.2 Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed 12 additional shoot days per year ............................ 27

9.3 Finalisation of draft Planning Proposal for Environmental Zones (minor amendments) for four properties previously reported................................ 46

9.4 Amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach............ 145

9.5 Australian Coastal Councils 2019 Communique............................................ 154

10 Staff Reports – Community, Culture and Leisure

Nil Reports

11 Staff Reports –Economic Development and Business Growth

11.1 EOI 78/18 For use of the former manager’s residence at Tura Beach......... 160

12 Staff Reports – Infrastructure Waste and Water

12.1 Bermagui Depot Storage Upgrade.................................................................... 166

12.2 Bega Valley Local Traffic Committee................................................................ 170

12.3 Sportsground Committee Nominations - Sportsgrounds Sites & S355 General Sportsground Committee................................................................ 182

13 Staff Reports – Governance and Strategy

13.1 2019 Bega Valley Community Medallion Nominations................................. 186

13.2 Exhibition of Operational Plan and Budget for 2019-2020........................... 187

13.3 Furthering development of a funding model for additional expenditure for Sapphire Coast tourism marketing and promotions.................................. 190

14 Staff Reports – Finance

14.1 Southern Phone Dividend 2019 ....................................................................... 199

14.2 Certificate of Investment................................................................................... 202

15 Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

18.1 Constitutional referendum - popularly elected Mayor.................................. 207

18.2 Aquisitive sculpture prize.................................................................................. 208

19 Questions On Notice

19.1 Cr Griff's Question on Notice - Affordable Housing....................................... 210

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.............. 211

21.1 Code of Conduct matter 06/18

This report is confidential in accordance with section 10A (2) (i) of the Local Government act 1993 as the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

21.2 Code of Conduct matter 04/18

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 10 April 2019

Item 9.1

9.1. Planning Proposal for B4 Mixed Use Zone at Tathra Headland

This report seeks Council approval to refer for Gateway Determination a Planning Proposal to rezone land at the Tathra Headland to B4 Mixed Use under Bega Valley Local Environmental Plan 2013.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to support, in principle, the recommended zoning amendment from B2 Local Centre to B4 Mixed Use as detailed in Attachment 3.

2. That Council officers be authorised to submit this planning proposal (Attachment 4) to the NSW Department of Planning for Gateway Determination.

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

4. That Council officers, following the exhibition period, prepare a further report to Council.

Executive Summary

This report recommends that land on the edge of the existing Tathra Headland commercial precinct be rezoned from B2 Local Centre to B4 Mixed Use under Bega Valley Local Environmental Plan (BVLEP) 2013.

Background

The Planning Proposal (PP) seeks to rezone seven parcels of land on the edge of the existing Tathra Headland commercial precinct from B2 Local Centre to B4 Mixed Use under BVLEP 2013

Council received a request from the owners of Lot 2 DP 338686, 5 Cliff Place, Tathra (formerly Cliff Place Cafe) to rezone their property from commercial to a higher density residential zone such as R3 Medium Density Residential after the building was destroyed by bushfire in 2018.

The initial request to rezone the land was not supported as the spot rezoning of this land would be out of place within the context of adjoining properties and the Tathra Headland precinct.

Instead, the request was considered within the context of the site and adjoining properties to determine the best approach for the future growth and development of Tathra. The NSW Department of Planning and Environment offered its assistance as part of the bushfire recovery process and volunteered time to help Council draft this PP.

Description of the sites and recommendations

The sites are located in the township of Tathra, within the Tathra Headland precinct, close to the commercial activities on Bega Street (Attachment 1).

Lot 2 DP 338686 was previously utilised for commercial activities (e.g. Retail, Restaurant, and Bega Dried Foods) until the buildings were destroyed and is now vacant. Lot 8 DP 200008, Lot 62 DP 528923, Lot 21 DP 809023, Lot 7 DP 408983 and Lots 8-10 DP 593290 contain existing residential dwellings. Lot 22 DP 809023 is vacant land.

The existing B2 Local Centre zone (Attachment 2) carried over from previous zoning BVLEP 2002 and has not resulted in any significant commercial investment over the last 20 years, apart from the recently destroyed Cliff Place Cafe. New commercial development within the Tathra Headland precinct has generally been ancillary to a residential use. The sites that are subject to this PP are either vacant or occupied by existing low-density dwellings.

The B4 Mixed Use zone is recommended to create a transitional zone between the existing Commercial B2 Local Centre zone and R2 Lower Density Residential Zone further to the west. The application of a B4 Mixed Use zone is consistent with the approach previously used in other town centres throughout the Shire such as Pambula, Eden and Bega during the drafting of BVLEP 2013.

This proposed rezoning (Attachment 3) would provide greater flexibility in the consideration of residential development without losing the commercial opportunities provided by a B4 Mixed Use zone.

Community Engagement

Consultation undertaken

Preliminary consultation was undertaken with two property owners on Beach Street adjoining the former Cliff Place Café site.

During this consultation, concerns were raised by the owners of the property immediately to the west of the former Cliff Place Cafe (Lot 8 DP 200008, 7 Beach Street) about the proposed rezoning and potential impacts if a unit development was constructed next door to them.

The existing commercial zone enables development to the boundary and a height of 10m with shop-top housing, which is similar to the scale of the destroyed building. The B4 Mixed Use zone does permit multi-dwelling housing. Development of the land would be subject to a future Development Application and assessment in accordance with Council’s planning controls. This assessment would consider the amenity of any proposal, such as its bulk and scale, privacy, and overshadowing.

During the consultation process, a request was also received from neighbouring land owners on Seagrass Lane and Andy Poole Drive to include their properties within the PP. This request has been reviewed and is supported. These properties have a current height limit of 10m which is not proposed to be amended.

Consultation Planned

Should Gateway approval be issued by the Department of Planning and Environment, public consultation would be invited through public exhibition of the PP for a period of 28 days.

Attachments

1 ⇩. Description of the sites

2 ⇩. Existing zoning

3 ⇩. Proposed zoning

4 ⇩. Planning proposal

Council 10 April 2019

Item 9.2

9.2. DA 1999.1438: Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed 12 additional shoot days per year

Director Community Environment and Planning

Applicant	Bermagui Field and Game Inc
Owner	Bermagui Field and Game Inc
Site	Lot 101 DP 1172182 (formally part of Lot 10 DP 849934), Murrah River Road, via Bermagui
Zone	RU2 Rural Landscape
Site area	24.6 hectares
Proposed development	Section 4.55 Application to Modify Development Consent 1999.1438

Council is in receipt of a Section 4.55 Application to Modify Development Consent 1999.1438, issued for a Clay Target Shooting Range. The application requests the opportunity to undertake an additional 12 shooting days per year for the purpose of safety training, including the flexibility to hold a State Shoot Event on one weekend throughout the year.

This Application is being reported to Council for determination as past Applications have previously been considered by Council and a total of 84 submissions have been received both supporting and objecting to the proposed modification.

The Application for modification is recommended for approval, subject to the draft Modified Consent (provided as Attachment 4 to this report).

Officer’s Recommendation

1. That the Section 4.55 Application to Modify Development Consent 1999.1438 for the Clay Target Shooting Range on Lot 101 DP 1172182, Murrah River Road, via Bermagui, be approved by amending Condition 4 and including additional Conditions 12 and 13; as detailed in Attachment 4 to this report.

2. That those persons who lodged a submission be notified of Council’s decision.

Executive Summary

On 20 June 2017 Bermagui Field and Game lodged a Section 4.55 Application (formerly known as Section 96 Application) to modify Development Consent 1999.1438, seeking approval for an additional 12 shoot days per year of the purpose of safety and training, with provision for potentially holding a State Shoot Event. The Application was accompanied by an Acoustic Report by Renzo Tonin and Associates Pty Ltd, dated 4 February 2013. This report was lodged with a previous modification application to increase the number of shoot days and is still current. In support of the request, the applicant has submitted that the 12 additional shoot days, limited to one per month, would ensure owners of shotguns within the Bega Valley can safely and efficiently use their firearms.

Council officers have assessed the information provided and are satisfied that an additional 12 shoot days would not adversely impact on the environment and that suitable mitigation measures can be included in a Modified Consent to ensure impacts on amenity can be adequately monitored and controlled.

Description of the proposal

The development approved under Development Consent 1999.1438 is for the use of the site as a Clay Target Shooting Range for a maximum of 12 shoot days per year.

The submitted Section 4.55 Application to Modify requests the opportunity to undertake an additional 12 shoot days per year for the purpose of safety and training, with the ability to also hold a State Shoot Event.

If approved, the Modified Consent would allow for a maximum of 24 shoot days per year on a Sunday.

The Club detailed it would restrict the hours of shooting to between 10am and 5pm, on the second Sunday of every month. The Club seeks some flexibility for this day, “to ensure harmonious relationships with all of their neighbours to be maintained, especially where a clash occurs with other community events.”

The Club added, “flexibility would also benefit any application made for a State Selection Shoot to be held at the range in the future (with Council backing).”

A copy of the applicant’s justification for the modification is provided as Attachment 1 to this report.

Description of the site

The site is described as Lot 101 DP 1172182 (formerly part of Lot 10 DP 849934) and is located approximately 10 kilometres south of Bermagui (Attachment 2).

The site occupies an area of 24.6 hectares, is well vegetated and is accessed through Forestry Corporation of NSW land via Murrah River Road. The site is described as undulating with a small ridgeline traversing the site in a north-south direction. The site retains a number of free-standing structures including shipping containers that accommodate the storage needs of the Club.

Background

The land use has considerable development history, a summary of which is provided as Attachment 3.

Council last considered this matter on 25 February 2015, in relation to the applicant’s request for a Review of Determination, after Council had refused the applicant’s Modification Application for an additional 12 shoot days per year (for training purposes).

At that time, Council resolved;

That on review, Council re-confirm the refusal of the modification to DA 199.438 in line with Item 8.3 of the meeting held on 24 July 2013, resolution number 7/13.

Planning assessment

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

A copy of the assessing officer’s Section 4.55 assessment will be available at the meeting.

Zoning

The land is zoned RU2 – Rural Landscape under Bega Valley Local Environmental Plan (BVLEP) 2013, with Recreation Facility (Outdoor) use permitted subject to Development Consent.

A review of the development in accordance with the aims and objectives of the RU2 zoning has been undertaken. The assessment identified the proposed development would be consistent with the objectives of the zone, as well as other relevant clauses of the BVLEP 2013.

Community Engagement

Consultation undertaken

The Section 4.55 Application to Modify was placed on public exhibition for a period of 14 days from 30 June 2017 to 14 July 2017. The extent of notification of this Application has been consistent with past applications submitted in respect to the development. A total of 84 submissions were received. Of those submissions, 43 objected to the proposal and 41 submissions supported the Application.

Since the notification period closed, Council has received several further submissions objecting to the proposal and raising concerns about the current operations at the site.

Issues

Noise

The impact of noise is one of the greatest concerns raised in submissions objecting to the Application. The submissions outlined impacts that additional noise would have on residents, tourist related businesses and the quiet rural ambience enjoyed in the area. A summary of noise related issues includes:

· Increased frequency of gunshot noise, especially over the weekend which is generally time for relaxation;

· Impact on the rural and quiet amenity of the area;

· Loss of peaceful surrounds and enjoyment;

· Impact on rural activities including milk production due to cows being adversely affected by shooting noise; and

· Impact of noise on the operation of the Four Winds Festival site.

Since the determination of the original Development Application in 1999, there have been additional dwellings and tourist related accommodation approved and constructed within the Murrah and Barragga Bay areas.

The impact of noise has previously been reviewed by Health and Building officers and Environmental officers. The noise assessment report by Renzo Tonin is the same report that was considered by Council and is still current. The following advice from Council officers is provided in relation to this issue.

Staff comment:

Weather conditions such as wind direction and temperature inversion can enhance noise levels experienced at receivers. It would be reasonable to conclude there would be greater impact on some receivers that might be downwind of the range and on days where there may be a temperature inversion and as such, noise produced may be more audible in a wider spread of locations.

The criterion that has been used to assess the impact of noise relies on guidelines that are used across NSW. They recognise the general impact of noise and, dependant on peak noise, identify acceptable limitations for shooting ranges as previously specified in Council reports.

Council officers have carried out noise monitoring during shooting days, in response to representation by concerned neighbours, with noise levels found to be within the acceptable range.

The current Consent does not include any condition requiring the applicant to carry out on-going noise monitoring during shoots to ensure noise levels are within the acceptable range. To address this, officers propose the following condition be included in the Modified Consent;

“12. The applicant shall provide Council with a field assessment noise report from an acoustic consultant (not Council) that identifies that noise levels produced from the site do not exceed 90 dB (Lin) Peak Hold at the most affected properties.

Measurements shall be taken from the 5 locations identified in the Renzo Tonin report dated 7 February 2000. If a new dwelling has been erected between the site or those identified in the Renzo Tonin report, then those dwellings will be used for measurement purposes. The assessment shall be undertaken within three months from the time that the club commences an increased usage of the site in accordance with the approved modification and be undertaken having regard to seasonal wind directions. The Club shall notify Council two week in advance of the increased usage of the site.

If the field assessment noise report identifies that the noise levels produced from the site do exceed 90 dB (Lin) Peak Hold at the most affected properties, the use for the purposes of training days shall cease immediately.”

Impact of Lead Shot

Various submissions raised concerns regarding the impacts of lead shot generated by the additional training days and potential State Shoot on the surrounding environment. This issue was also raised during the previous Application to Modify.

The impact of lead shot was reviewed by Building and Environmental officers and the following advice provided to Council in the Council report dated 24 July 2013. The information remains valid for this latest Application;

“There should be no argument that the use of lead shot will contaminate the site and any future change of use will require careful assessment to identify the extent of impact and remediation. It is conceivable that the use of the site will remain for the foreseeable future as a shooting range.

The assessment of the application has been undertaken in accordance with best practice guidelines available at the time of assessment, and this would provide justification for liability defence if that was necessary in the future. In any event the use of the range has existing consent and impacts associated with the additional use as proposed would have a minor bearing of any case to answer in respect to remediation and potential liability.

While there are no specific guidelines for consideration of impact of lead shot in these circumstances, advice received from the EPA on best practice suggests that carefully placed sediment fences will aid in limiting any off site migration of lead both in its solid form and impact of oxidation over time. It is also recognised that the topography and vegetation cover assists in the reduction of contamination runoff. The shooting range is confined to ridge locations that in rain events lessen the extent of overland water flow - there is no large catchment that can produce large water flows over the shooting areas. Undisturbed vegetation cover acts to retain and reduce rainfall flows across the site while providing cover to the lead shot as it settles into the ground cover. It is likely that this natural cover lessens the impact of oxidation.

Given the concerns raised at the last meeting of Council, the Gun Club have engaged a company to undertake water and soil analysis of samples taken from the site. The report produced is unsigned and staff have not undertaken any in-depth scrutiny of the document. The test results however are from a recognised laboratory and provide an indication from short term analysis (one sample grab) that indicate that there are no specific concerns in regard to lead contamination at this point in time. If there were concerns it is highly likely that these samples would have identified issues given the operation of the range over the past fifteen years.”

The following condition was included in the Consent in August 2000 in response to concerns raised regarding potential contamination;

“11. The Applicant shall supply Council with details of a comprehensive sediment control plan for the site. This plan shall be based on the control of sediment (including waste lead shot) from the range particularly in extreme rainfall events. The lead shot ‘fall out zone’ shall be located and sediment control devices located downslope of this zone. The details shall include a proposal for the maintenance of the devices and a basis for their design. Consideration should be given in this plan to intermediate sediment control measures such as silt barriers to further restrict the movement of lead pellets. The use shall not commence until such time as the sediment control plan has been approved and the devices inspected by Council’s officer.”

Officers have recently inspected the site and found the sediment fencing to be in place and there was no evidence of lead shot migration off the site. Officers will continue to inspect the site and ensure that all approved sedimentation fencing remains in place.

Economic impacts

Submissions received in support of the additional 12 shoot days cited positive impacts on the economy of the area as a result of additional visitors who would utilise accommodation, restaurants and other businesses in the area.

Those submissions objecting to the additional 12 shoot days cited the negative impacts on the tourist-related businesses in the immediate area that have been developed based on the natural environment and the amenity it provides. These include noise impacts to tourist accommodation premises, the Mimosa Winery/Restaurant, the Four Winds venue and those visitors utilising nearby beaches and reserves.

No additional information has been submitted by the applicant with regard to the economic impacts on surrounding businesses including tourist accommodation. Two submissions questioned whether there were opportunities to limit the training days outside peak tourist periods.

The applicant has submitted they seek to work harmoniously with the adjoining developments and have requested flexibility in the shoot day to enable this to occur.

Council officer’ comment:

The sound of gun shots will be heard within the surrounding area, which contains a number of tourist-related establishments, namely tourist accommodation businesses of Mimosa Winery/Restaurant and the Four Winds venue site. The impact would be limited to one additional day per month between the hours of 10am and 5pm, effectively doubling the number of shooting days at the site from 12 to 24 times per year.

The issue of noise has been addressed above.

Impact on Flora and Fauna

Several submissions raised concerns regarding impacts on the adjoining Bermagui Flora Reserve and potentially koalas. Since approval of the development, the adjoining 11,811 hectares of land to the west and north of the site have been designated as the Murrah Flora Reserves (established in March 2016).

The Murrah Flora Reserves encompasses four areas including Murrah, Mumbulla, Bermagui and Tanja Flora Reserves, located between Bermagui and Tathra. The Reserves are habitat for the last significant koala population on the NSW South Coast. Other threatened species, such as the long-nosed potoroo, yellow-bellied glider and the powerful owl, also make their home here.

The lodgement of the original Development Application provided a flora and fauna assessment detailing the potential impacts of flora and fauna on the site.

The Office of Environment and Heritage has advised the proposed additional training days do not require additional noise testing or threatened species assessments for koalas in the Murrah Flora Reserves. The applicant has advised that before every shoot, the shooting ground is visually inspected to make sure there were no koalas present on the day and this has been done on every occasion since their inaugural shoot.

The applicant, in the additional information, detailed that “if given the opportunity to hold a Safety & Training Day (one day per month), our members would gladly continue this format and realise that the area in which we shoot is extremely sensitive and hosts a variety of wild life and are well aware of their presence.”

The applicant confirms that in the event koalas are present on the day of the shoot there are ample shoot stations around the site that can be moved to avoid certain locations whilst still accommodating the program of the day.

Traffic

Several submissions raised concerns in respect to the additional traffic along Murrah River Road beyond the section of road maintained by Council. These concerns were that additional traffic would result in additional wear and tear on that road and visitors to the Club do not slow down on this road. Murrah River Forest River is a state forest road. Council only grades the first (approximately) 100 metres of the gravel section of Murrah River Forest Road (with the intersection with Tathra-Bermagui Road being bitumen sealed).

The applicant has previously engaged Council to grade the road when required to maintain adequate access to the site.

The standard of the road has been reviewed by Council’s Development Engineer who advised the standard of construction and level of maintenance is adequate for the proposed use.

Bushfire

A review of the Section 4.55 Application to Modify highlighted that the additional training days are to permit new members to learn and undertake gun safety. Given the site’s location within a bushfire prone area, it is recommended an additional condition (Condition 13 in Attachment 4) be applied requiring an emergency and evacuation plan to be formulated to comply with Section 4.2.7 of Planning for Bushfire Protection 2006.

Attachments

1 ⇩. Locality Plan

2 ⇩. Applicant's justification for amended proposal

3 ⇩. Development history

4 ⇩. Draft modified consent

Council 10 April 2019

Item 9.3

9.3. Finalisation of draft Planning Proposal for Environmental Zones (minor amendments) for four properties previously reported

This report seeks to finalise the draft planning proposal for minor amendments to Environmental Zones on four properties.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council finalise amendments to Bega Valley Local Environmental Plan 2013 (Amendment 32) subject to the revisions detailed in this report and in accordance with the delegations issued by the Minister for Planning and Environment under Section 3.36 of the Environmental Planning and Assessment Act 1979.

2. That Council officers inform those who made a submission during the exhibition of the planning proposal.

Executive Summary

Council at its meeting held on 13 December 2017 considered a report outlining minor amendments to existing environmental zones within Bega Valley Shire. At this meeting Council resolved to support a planning proposal to resolve zoning and minimum lot sizes for one property and make minor adjustments to existing environmental zone boundaries for four other properties.

The planning proposal was submitted to the NSW Department of Planning and Environment on 3 January 2018. A Gateway Determination was issued on 7 May 2018, subject to the planning proposal being publicly exhibited for a period of 28 days and consultation with public authorities.

Objections were received from the NSW Office of Environment and Heritage (OEH). These objections have now been resolved and Council officers recommend Council proceed to finalise the planning proposal subject to the amendments outlined in this report, which include removal of Site 2 from the planning proposal.

Background

Council at its meeting held on 13 December 2017 considered a report outlining minor amendments to existing environmental zones within the Bega Valley Shire and determined;

1. That Council resolve to adopt the recommendations for Sites 1-5 as identified in Attachment 2 to this report.

2. That Council officers be authorised to forward this Planning Proposal for Mapping of Environmental Zones to the Department of Planning for Gateway Determination in accordance with the recommendations contained within this report.

3. That following Gateway Determination, the Planning Proposal is placed on public exhibition and following the exhibition period, a further report be submitted to Council summarising the submissions received during the exhibition period.

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

It should be noted that Site 4 is a deferred matter under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) while Sites 1, 2, 3 and 5 are zoned under Bega Valley Local Environmental Plan (BVLEP) 2013.

This report summarises the consultation undertaken and agency submissions.

Site 2 has been removed from the planning proposal after discussions with OEH and the Twofold Aboriginal Corporation who manage Jigamy Farm.

The owners are currently preparing a masterplan for the property and have determined the rezoning is no longer necessary, as the proposed uses can be undertaken under Schedule 1 of the BVLEP 2013.

Community Engagement

Consultation undertaken

The planning proposal was exhibited for a period of 28 days from 23 July 2018 until 24 August 2018, with no submissions received from the public. Referrals were sent to the NSW Department of Primary Industries, NSW Rural Fire Service and OEH.

Agency Submissions

Department of Primary Industries (Fisheries)

No comment was received during the referral timeframe or through subsequent invitations to make comment on the planning proposal.

NSW Rural Fire Service

No comment was received during the referral timeframe.

Advice was received through subsequent requests confirming the NSW Rural Fire Service did not object to the planning proposal subject to any future subdivision or dwelling applications complying with the relevant bushfire legislation and guidelines.

Office of Environment and Heritage

OEH initially objected to the planning proposal and requested additional information concerning flooding, coastal risk and cultural heritage to support each of the proposed sites.

Additional coastal risk mapping and assessment has been undertaken to justify each of the proposed sites and a meeting arranged with OEH staff to review each of the sites with the following outcomes.

Site 1 Cuttagee Lake

The planning proposal recommended a minor reduction in the existing E2 Environmental Conservation buffer to retain the building entitlement consistent with an existing approval on a portion of the site that is already cleared. The primary concern for OEH is the potential for vegetation loss within the E2 Environmental Conservation Zone.

Outcome: The proposed E2 Environmental Conservation zone boundary exhibited in the planning proposal has been amended to preserve the 100m buffer over existing vegetation and ensure that future devleopment is contained within the already cleared portion of the land. Further consultation has been undertaken with the owner who has confirmed support for these minor changes.

Proposed changes to Site 1

Existing zoning

E1 NATIONAL PARKS AND NATURE RESERVES E2 ENVIRONMENTAL CONSERVATION

E3 ENVIRONMENTAL MANAGEMENT

Exhibited zoning

E1 NATIONAL PARKS AND NATURE RESERVES E2 ENVIRONMENTAL CONSERVATION

E3 ENVIRONMENTAL MANAGEMENT

Proposed zoning

E1 NATIONAL PARKS AND NATURE RESERVES E2 ENVIRONMENTAL CONSERVATION

E3 ENVIRONMENTAL MANAGEMENT

Site 3 Disaster Bay Chillies

The planning proposal recommended a slight adjustment between the E2 Environmental Conservation and B4 Mixed Use boundary. The main concern for OEH was the potential inundation of the site. Additional assessment has been provided under Direction 4.3 - Flood Prone Land of the Environmental Planning and Assessment Act 1997 (EPA) and the implications of coastal hazards.

Outcome: The proposed E2 Environmental Conservation zone boundary has been slightly refined in line with the anticipated flood inundation level in 2100.

Proposed changes to Site 3

Existing zoning

E2 ENVIRONMENTAL CONSERVATION E4 ENVIRONMENTAL LIVING R2 LOW DENSITY RESIDENTIAL

R3 MEDIUM DENSITY RESIDENTIAL R5 LARGE LOT RESIDENTIAL IN1 GENERAL INDUSTRIAL

B4 MIXED USE ZONE

Exhibited zoning

E2 ENVIRONMENTAL CONSERVATION E4 ENVIRONMENTAL LIVING R2 LOW DENSITY RESIDENTIAL

R3 MEDIUM DENSITY RESIDENTIAL R5 LARGE LOT RESIDENTIAL IN1 GENERAL INDUSTRIAL

B4 MIXED USE ZONE

Proposed zoning

E2 ENVIRONMENTAL CONSERVATION E4 ENVIRONMENTAL LIVING R2 LOW DENSITY RESIDENTIAL

R3 MEDIUM DENSITY RESIDENTIAL R5 LARGE LOT RESIDENTIAL IN1 GENERAL INDUSTRIAL

B4 MIXED USE ZONE

Site 4 Millingandi

This site is deferred from BVLEP 2013 and the planning proposal recommended the land be zoned a combination of E3 Environmental Management and E2 Environmental Conservation to enable the building entitlement to be retained within the E3 zone and restrict further subdivision of the land. The main concern for OEH was the alignment of the zoning boundary with the inherent constraints of the property. An assessment has been made in accordance with the Coastal Management Framework and additional assessment has been provided under Direction 4.3 - Flood Prone Land.

Outcome: The proposed E2 Environmental Conservation Zone boundary has been slightly refined in line with the anticipated flood inundation level in 2100 and existing wetland extent.

Proposed changes to Site 4

Existing zoning

1(a) (Rural General Zone) 2(c) (Residential Tourist Zone) 1(a) (Rural Small Holdings Zone) 7(b) (Environment Protection Foreshore Zone)

Exhibited zoning

E2 ENVIRONMENTAL CONSERVATION E3 ENVIRONMENTAL MANAGEMENT

E4 ENVIRONMENTAL LIVING RU2 RURAL LANDSCAPE

Proposed zoning

E2 ENVIRONMENTAL CONSERVATION E3 ENVIRONMENTAL MANAGEMENT

E4 ENVIRONMENTAL LIVING RU2 RURAL LANDSCAPE

Site 5 Cobargo

The majority of the land is zoned RU5 Village and the planning proposal recommended the E2 Environmental Conservation buffer on the land be zoned E3 Environmental Management and reduced to a variable with of 25-50m with a corresponding adjustment in the appropriate lot sizes. The main concern for OEH was the removal of the E2 Environmental Conservation zone and the potential for future development adjacent to Narira Creek.

Outcome: It has been resolved with the owners and OEH to adopt an E3 Environmental Management zoning that aligns with the natural contours of the site with a variable width of between 25m-50m. An E3 Environmental Management zoning is more in keeping with the characteristics of the site and provides for the ongoing agricultural use of this property.

Proposed changes to Site 5

Existing zoning

E2 ENVIRONMENTAL CONSERVATION RU5 VILLAGE RU1 PRIMARY PRODUCTION

R5 LARGE LOT RESIDENTIAL RE1 PUBLIC RECREATION

Exhibited zoning

RU5 VILLAGE RU1 PRIMARY PRODUCTION R5 LARGE LOT RESIDENTIAL RE1 PUBLIC RECREATION

Proposed zoning

RU5 VILLAGE RU1 PRIMARY PRODUCTION R5 LARGE LOT RESIDENTIAL RE1 PUBLIC RECREATION

E3 ENVIRONMENTAL MANAGEMENT

Existing minimum lot size

1000m2 120ha 5ha

Exhibited minimum lot size

1000m2 120ha 5ha

Proposed minimum lot size

1000m2 120ha 5ha

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

The planning proposal has been assessed in accordance with the EPA Act and the requirements under the Coastal Management Framework. Referrals have been sent to the relevant NSW Government Agencies and amendments made to provide for the preservation and protection of these environmental zones.

Conclusion

This report recommends that Council finalise amendments to the BVLEP 2013 (Amendment No. 32) subject to the following;

· Site 1 - Align E2 Environmental Conservation Zone boundary with existing vegetation

· Site 2 - Withdraw from planning proposal

· Site 3 – Minor change to align E2 Environmental Conservation Zone boundary with future inundation level

· Site 4 – Minor change to align E2 Environmental Conservation Zone boundary with future inundation level and existing wetland

· Site 5 - Amend E2 Environmental Conservation Zone to E3 Environmental Management zone that aligns with existing contours

Council officers are of the opinion Council has the necessary delegation to proceed with the making of this planning proposal given the minor nature of the changes from the exhibited version.

Attachments

1 ⇩. Council Report for Environmental Zones - 13 December 2017

2 ⇩. Planning Proposal for Environmental Zones

Council	10 April 2019
*Item 9.3 - Attachment 2*	Planning Proposal for Environmental Zones

Council 10 April 2019

Item 9.4

9.4. Amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach

This report recommends amendments to the Bega Valley Shire Development Control Plan 2013 in relation to Lots 33 and 34 DP 243029, corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to place an amendment to the Bega Valley Shire Development Control Plan 2013 for the detailed land at Tura Beach, the subject of this report, on public exhibition for a period of 28 days.

2. That the owner of the subject land and adjoining landowners be notified of the proposed amendment.

3. That a further report be submitted to Council at the completion of the exhibition period.

Executive Summary

Lots 33 and 34 DP 243029 on the corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach are currently the subject of a Planning Proposal (PP) to rezone land to R5 Large Lot Residential, with the inclusion of "hardware and building supplies and garden centres" as additional permitted uses under Schedule 1 of the Bega Valley Local Environmental Plan (BVLEP) 2013.

It is recommended that, in addition to amend to the BVLEP provided by this PP, Bega Valley Development Control Plan (BVDCP) 2013 also be amended to address design considerations. This report recommends that design considerations contained within the Commercial Centres Strategy Review of Merimbula, Pambula and Tura Beach Catchments be included as site specific requirements under Chapter 7.9 of BVDCP 2013 to provide clear direction for the future assessment of any commercial development of the site.

Background

This amendment involves Lots 33 and 34 DP 243029 that were deferred under Council’s previous BVLEP 2002. A PP for the site is currently on exhibition and has received approval at Gateway by the Department of Planning and Environment with the following conditions;

· Apply an R5 Large Lot Residential zone with hardware and building supplies and garden centres listed as additional permitted uses via Schedule 1 of the BVLEP 2013 consistent with the Southern Joint Regional Planning Panel (SJRPP) recommendation in relation to the appropriate mechanism to facilitate the development of the site for the proposed use.

The SJRPP considered the PP on 2 February 2017, and made the following recommendations to the Minister for Planning;

· Zoning the site to R5 Large Lot Residential.

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

· Controls such as floor space ratio and height are included in BVLEP 2013 in relation to this site to mitigate impacts and provide a limit to development.

· Include controls in BVDCP 2013 to address landscape, siting, setbacks of structure, finished levels, acoustic requirements, light and light spill and hours of operation.

The PP includes a land application map that outlines the building envelope, gross floor area and floor space ratio where any future ‘hardware and building supplies and garden centres’ can be located. The zoning and land application map requirements would sit under Schedule 1 of the BVLEP 2013.

The proposed controls were included as design considerations within the Commercial Centres Strategy Review for the Merimbula, Pambula and Tura Beach catchments that was publicly exhibited and then subsequently adopted by Council on 21 February 2018.

The proposed controls would provide direction for the development of the land as a ‘hardware and building supplies and garden centres’ in terms of building elements, colours and materials, landscaping, amenity, infrastructure and gateway controls.

The inclusion of these design controls as a separate section (7.9) of the site-specific requirements chapter in BVDCP 2013 would ensure the design considerations adopted by the Commercial Centres Strategy Review are addressed as part of the future development of the land and is also consistent with the recommendations of the SJRPP.

Community Engagement

The proposed amendment to BVDCP 2013 will be placed on exhibition for a period of 28 days in accordance with public exhibition requirements under the Environmental Planning and Assessment Regulation 2000. The Bega Valley community will have the opportunity to comment on the proposal during that period.

Legal /Policy

This proposed amendment would require any future commercial development of Lots 33 and 34 DP 243029 to address the detailed design controls described in the proposed additional section under BVDCP 2013. The proposed new section (7.9) provides greater guidance for the future commercial development of the subject land within the context of the PP, Gateway Determination and advice of the SJRPP.

Attachments

1 ⇩. Draft DCP Chapter 7.9

2 ⇩. Gateway Determination

Council 10 April 2019

Item 9.5

9.5. Australian Coastal Councils 2019 Communique

Delegates to the 2019 Australian Coastal Councils Conference have resolved to adopt a Communiqué calling on the Australian Government to implement five key policy initiatives. This report seeks Council’s endorsement of that communiqué.

General Manager

Officer’s Recommendation

That Council:

1. Endorse the 2019 Australian Coastal Councils Communiqué (Attachment 1).

2. Write to the Australian Minister for the Environment, the Hon Melissa Price MP and the Minister for Energy, the Hon Angus Taylor MP, calling on them to implement the policy initiatives identified in the Communiqué.

Executive Summary

The Australian Coastal Councils Association Inc (ACCA) is the peak organisation representing councils on coastal issues. The ACCA holds an Annual Conference, at which delegates draft and adopt a Communiqué (Attachment 1) calling on the Australian Government to adopt key policy initiatives. The aim of these initiatives is to develop a coordinated national response to deal with coastal hazards including rising sea level, more severe extreme weather events and widespread coastal erosion.

This report recommends that Council endorse the Communiqué and write to relevant Australian Government Ministers calling on them to implement the policy initiatives it describes.

Background

Bega Valley Shire Council is a member of ACCA, along with 47 other coastal councils across Australia. ACCA is a not-for-profit incorporated association governed by a committee consisting of two elected councillors from each State. ACCA represents the interests of Australia’s coastal councils at a national level. It seeks to address current and emerging coastal issues, and undertakes activities in support of member councils including:

· Facilitating the exchange of information between coastal councils on issues of mutual concern;

· Monitoring developments in coastal planning and management of interest to member councils;

· Commissioning research projects of relevance to coastal councils, including in collaboration with member councils, as the lead agency;

· Making representations to Australian and State government inquiries into coastal matters; and

· Holding an annual conference to assist coastal councils to keep pace with coastal policy and technical developments, and to share the findings of coastal research projects.

The ACCA’s 2019 Conference, held at Kiama, from 6 to 8 March 2019, was attended by representatives of coastal councils from across Australian, in addition to members of the coastal research community and representatives of relevant government agencies.

Options

Council may resolve to:

· Endorse the Communique and write to relevant Australian Ministers asking them to implement it (this is the recommended option); or

· Not endorse the Communiqué.

Community Engagement

The Communiqué was developed based on a survey of member councils conducted by the ACCA and the input of delegates to the 2019 Conference.

Financial and resource considerations

There are no direct financial and resource implications associated with the recommendation. Resources to implement the recommendation are available within Council’s 2018-19 budget.

Indirect benefits of the recommendation, should the Communiqué be adopted by the Australian Government, are likely to flow from a coordinated national approach to management of coastal hazards.Legal /Policy

The recommendation is consistent with Council’s adopted policy approach, including its current Climate Change Strategy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation is consistent with the following goals in the Bega Valley Shire Community Strategic Plan:

Goal 3: Our economy is prosperous, diverse, and supported by innovative and creative businesses.

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

Goal 7: Our Shire continues to be a vibrant, enjoyable, sage and affordable place to live.

Environmental / Sustainability

There are no direct environment or sustainability implications associated with the recommendation.

Benefits that may flow to Bega Valley Shire Council (Council) should the Australian Government implement the policy initiatives identified in the Communiqué include improved resilience of natural systems to climate change impacts.

Economic

There are no direct economic implications associated with the recommendation.

Benefits that may flow to Council should the Australian Government implement the policy initiatives identified in the Communiqué include improved resilience of the local economy to climate change impacts.

Risk

Engaging with higher levels of government in relation to policy initiatives is a common activity undertaken by Council and the risks are well understood.

Given that significant climate change risks to the Shire have been identified, in Council’s Climate Change Strategy as well as work funded by the NSW and Australian Governments, advocacy for an improved national approach to this issue is considered an appropriate risk management measure.

Social / Cultural

There are no direct social or cultural implications associated with the recommendation.

There are both positive and negative indirect implications of the recommendation. Should the Australian Government adopt the initiatives identified in the Communiqué, local communities could expect improved coordination in relation to management of coastal hazards, which could lead to improved safety and security. However, the Australian Government may divert resources from other programs, which communities may feel are more important in the short term.

Attachments

1 ⇩. 2019 Australian Coastal Councils Communiqué

Council 10 April 2019

Item 11.1

11.1. EOI 78/18 For use of the former manager’s residence at Tura Beach

The report details the results of the Expression of Interest (EOI) process recently carried out for the use of the (former Tura Tavern) manager’s residence at Tura Beach.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note this report and Confidential Report attached.

2. That Council note the Expression of Interest (EOI) process for the use of the former manager’s residence at Tura Beach has now closed.

3. That Council consider the Council officers’ recommendation as detailed in the attached Confidential Report.

4. That Council authorise the General Manager and Mayor to enter into negotiations in order to execute the necessary lease documentation to provide tenure to the successful applicant.

5. That Council authorise the General Manager and Mayor to enter into negotiations with the second applicant should the successful applicant decide not to accept Council’s conditions in relation to lease responsibilities.

6. In the event that neither submission progresses to execution of a lease, Council approve the ‘making good’ of the residence for leasing; and appoint a local Real Estate Agent to market the property and lease out for residential purposes in line with the current approved use of the building.

Executive Summary

The report details the results of the Expression of Interest (EOI) process recently carried out for the use of the former (Tura Tavern) manager’s residence at Tura Beach on the basis of a financial return to Council.

Background

Council resolved at its Ordinary Meeting of 31 October 2018, when considering its position on the future use of the this site at Tura Beach as follows:

6. That Council call for expressions of interest for the use of the former manager’s residence on the basis of a financial return to Council and that any proposal must meet all planning and building regulation requirements at the cost to the proponent.

7. In the event that no proposals are received, that Council approve the ‘making good’ of the residence for leasing; and appoint a local real estate manager to market the property and lease out for a suitable purpose allowable under the Planning and Building Regulations on the basis of a financial return to Council.

8. That the General Manager and Mayor be authorised to execute any documentation to facilitate the use of the facility in line with Council direction.

The Expression of Interest 78/18 process (EOI) was conducted by Council officers between 19 December 2018 and 20 February 2019. The EOI document was available on Council’s e-Tendering portal. A total of two (2) EOI’s were received and evaluated against the set criteria by a Tender Evaluation Panel comprising: Council’s Economic Development Manager; Procurement and Contracts Coordinator; and Property and Facilities Coordinator. Both submissions were considered conforming and are attached as Confidential attachment for the information of Councillors.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers in the attached recommendation report and resolve accordingly.

2. Decline to accept the EOI submissions received and advise submitters of Council decision.

3. This Council owned property at Tura Beach could remain vacant. Note: maintaining vacant possession of the property will require the identification of funds to undertake necessary works on the building and ongoing maintenance and operational budgets.

4. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Council officers completed an EOI process via public tender between 19 December 2018 and 20 February 2019. The tender was available on Council’s e-Tendering portal and publicly advertised on Council’s website and Facebook page.

Consultation Planned

Council officers will liaise with third party applicants who submitted EOI submissions to advise of Council’s decision and formalise use/occupation of the premises over the coming weeks.

Financial and resource considerations

The proposed financial return to Council for each submission has been summarised by Council officers in the attached Confidential Report.

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

• All lessees/licensees shall be responsible for the payment of all outgoings on the property; including (but not limited to) Council rates and charges (if applicable), land tax, water, electricity, gas, telephone, and any other operating costs associated with their respective activities.

Council officer time has been required to conduct the EOI process and ongoing management of a lease during its term will also need Council officer resources as required.

Legal /Policy

This Council owned property is contained on Lot 158 DP 1140729 Tura Beach Drive, Tura Beach and is classified as Operational Land under the Local Government Act 1993 (NSW).

A lease enables exclusive use over a particular piece of land or building for a specified term and purpose. A lease is considered the best form of agreement if longer-term security of tenure is an important factor to the user of the land – such as where commercial uses are proposed and major financial outlay is required.

In accordance with Council’s Management of Leases and Licenses Procedure a lease may be granted by:

· Invitations for expressions of interest.

The purpose of the lease must be compatible with:

· The land classification under Section 26 of the Local Government Act 1993 (NSW);

· The permitted use under Council’s Local Environmental Plan.

Council’s preferred maximum lease term is 20 years however a longer term can be justified if major capital investment is involved which is the case in this instance.

All community organisations who wish to lease or licence Council owned or managed land or buildings will be required to provide a Certificate of Incorporation issued by the NSW Department of Fair Trading. All lease/licence documentation is only to be executed by authorised officers of the incorporation/organisation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Criteria

Economic activity made up as follows:

Demonstrate how the proposal will be funded and the financial return to Council.

Demonstrate how the proposal will generate local economic activity and support for the local community.

Demonstrates how the proposal will complement the site for use by the community.

Project delivery and compliance:

Evidence of how the proposal complies with all Planning and Building regulation requirements.

Proposed construction agreements.

The tenderer shall provide a statement with respect to the proposed length of tenure required.

The tenderer shall provide a statement with respect to how they shall, if successful, recognise local outcomes including demonstration of support for local business and community enterprise through delivery of the proposal.

Are contractors proposed to carry out works registered and accredited with BNG?

Experience and sustainability:

Demonstrated previous experience in the proposed activity.

Is the proposal self-sustaining?

Have reference been provided with the submission?

Benefit to the community:

The tenderer shall provide a statement with respect to community benefit and participation through the delivery of this proposal.

The tenderer may provide additional data, project descriptions, capability statements or other information to demonstrate capabilities and experience specifically relevant to their proposal.

Economic

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

Risk

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

Confidential Information

The confidential attachment to this report is considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

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

And part 2(d) stating:

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

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

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

(iii) reveal a trade secret

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

Attachments

1 . EOI 78/18 Use of the former managers residence at Tura Beach submission 1 (Confidential)

2 . EOI 78/18 Use of the former managers residence at Tura Beach submission 2 (Confidential)

3 . Confidential report - EOI for former managers residence at Tura Beach (Confidential)

Council 10 April 2019

Item 12.1

12.1. Bermagui Depot Storage Upgrade

Land at the Bermagui Bega Valley Shire Council (BVSC) Operations Depot is needed to expand the Bermagui Sewerage Treatment Plant (STP). Awarding the tender for a new shed will allow existing site storage to be consolidated into the one shed and the STP upgrade to continue.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendation in the Confidential Memorandum. (insert recommendation)

2. That Council authorise the General Manager to execute all necessary documentation.

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

Executive Summary

This report is an update on the Bermagui STP upgrade and a tender recommendation for the construction of a new shed at Bermagui operations depot.

The Bermagui Depot and STP is currently undergoing a reconfiguration to better accommodate the demands of the STP. A significant upgrade to the STP is underway in two packages of work – ‘Civil’ and ‘Process’.

To better utilise the STP site footprint and more efficiently utilise space at the adjoining Bermagui Operations Depot, a storage area reconfiguration is currently underway. The reconfiguration includes some relocation of stockpile areas on the Depot site to accommodate the erection of a new shed to store water and sewerage resources.

The new shed will also result in better storage capacity for operations teams, extra and improved secured storage and greater organisational event response capacity due to better stockkeeping and availability. In the future, the Water and Sewer SCADA control room will be expanded to the East, into the store room, with the SCADA upgrade underway for network operations. The SCADA upgrade to ‘Clear SCADA’ at Bermagui STP was completed in February 2019.

^ Overview of Bermagui depot and STP facility showing major works packages and their progress as well as Water and Sewer (W&SS) storage areas which can be mostly consolidated into the new shed giving space to Works Section for material storage.

^ Focus on Bermagui operations depot showing new shed location and civil storage areas

Background

The upgrade of Bermagui STP is a Pollution Reduction Program (PRP) condition on our Licence EPL 1738 added in October 2013 to upgrade ‘sludge handling’ and ‘high flow treatment’ (peak Christmas treatment capacity).

The PRP condition has been through several iterations of wording related to these original titles and as of the November 2018 (current) version states:

8 Pollution Studies and Reduction Programs

U1 Sludge Handling Upgrade 2018

U1.1 The licensee must:

a) By 31 January 2019, in accordance with the letter sent to the Environment Protection Authority (EPA) dated 27 March 2018 (EPA Reference DOC18/185159), provide the EPA’s Manager Regional Operations – South East Region with a detailed design and timetable for construction of any necessary infrastructure for onsite sludge management detailed in b) below.

b) By 31 January 2020, construct and commission the following:

· Additional drying bed;

· Sand storage facility;

· New concrete hardstand area and improved access to drying beds;

· Decommissioning of the aerobic digester; and

c) By 31 January 2021, undertake an assessment of the requirement for increasing sludge lagoon storage capacity and report the findings and associated recommendations to the EPA.

U2 Peak Load Treatment 2018

U2.1 The licensee must:

a) By 30 June 2019, in accordance with the letter sent to the EPA dated 27 March 2018 (EPA Reference DOC18/185159), provide the EPA’s Manager Regional Operations – South East Region with a detailed design and timetable for construction of any necessary infrastructure detailed in b) below.

b) By 30 June 2020, construct and commission the following:

· Installation of blowers, a diffuser array and dissolved oxygen (DO) probe downstream of the aerated zone to increase aeration in the pasveer channels;

· Increase Return Activated Sludge (RAS) pump rates, upgrade RAS pipework and install new RAS pumps;

· Reconfigure the Waste Activated Sludge (WAS) pumps and trialling a wasting rate to achieve target sludge age for optimal treatment; and

· Renew the highest pressure section of the outfall pipe (Phase 1 of the outfall pipe renewal).

In addition, Eurobodalla Shire Council have indicated a desire to connect Akolele to sewer and pipe the sewage to Bermagui STP. They will not be able to do this until capacity is increased at the STP.

Financial considerations

The budget is allocated for this project in the current adopted Long Term Financial Plan for the Sewer Fund with appropriate allocations in the current year’s Operational Plan. This is an example of effective headworks collection, funding headworks growth upgrades.

The upgrade will not require additional operational capacity however, it may reduce the running costs of the STP. This is because less contractor time will be required for biosolids handling and less operator time for high flow periods.

The ability to connect Akolele would result in a headworks contribution from Eurobodalla Shire Council which will significantly offset the upgrade cost.

Procurement

Public Works Advisory (PWA) completed the procurement of the new shed via a publicly advertised Request for Tender (RFT) process. PWA will project manage the delivery of the shed as well as the following stages of design and construction for the STP upgrade. PWA use robust procurement and contract management methods which are very low risk to Council and compliant with NSW legislative requirements.

Confidential Information

The confidential attachment to this report is considered confidential on the following basis:

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(c) stating:

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

· Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1) The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

(2) The grounds must specify the following:

(a) the relevant provision of section 10A (2),

(b) the matter that is to be discussed during the closed part of the meeting,

Attachments

1. RFT 10018681 for Bermagui Shed BVSC Depot Public Works PWA Recommendation (Confidential)

Council 10 April 2019

Item 12.2

12.2. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 6 March 2019

Director Assets and Operations

Officers Recommendation

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

0603.SE.012 - ANZAC Day March & Service 2019 – Wolumla

A submission has been received from Bega RSL Sub Branch for the 2019 ANZAC Day March and Service in Wolumla. The March will commence at approximately 10.30am at the Wolumla Town Hall and proceed along Bega Street to the War Memorial. The Service will be conducted at the War Memorial, concluding at 12.30pm.

Recommendation:

1. That the proposed traffic arrangements for the Wolumla ANZAC Day March and Service on Thursday, 25 April 2019 be approved and deemed a Class 2 special event.

2. That the section of Bega Street, Wolumla be temporarily closed on Thursday, 25 April 2019 for the Wolumla ANZAC Day March and Service, in accordance with Traffic Control Plan.

5.2 0603.SE.013 - Merimbula Jazz Festival – Street Parade.

A submission has been received for the 2019 Merimbula Jazz Festival which is proposed to include:

· The Jazz Festival Street Parade;

· The Jazz Festival “StreetFest”; and

· The Jazz Festival “Lakeside Lantern Walk”

which will all be held on Saturday, 8 June 2019.

Due to the changed program for the 2019 event, the three events are proposed to be dealt with separately.

5.2.1 Merimbula Jazz Festival – Street Parade.

Participants will assemble on a closed section of Merimbula Drive, Merimbula from 10am, adjacent to the Caltex Service Station. The parade will commence at 10.30am, with sections of Merimbula Drive, Market Street and Beach Street being temporarily closed for the duration of the parade.

Beach Street will remain closed between the Market Street and Alice Street intersections until 12pm for performances on a temporary stage in the Beach Street car park. It is proposed that the Beach Street car park will be closed from 6am on the day, to discourage vehicles from parking in the area.

Recommendation

1. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00pm on Saturday, 8 June 2019 for the Merimbula Jazz Festival Street Parade.

2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 8 June 2019 for the Merimbula Jazz Festival Street Parade and performance.

3. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival Street Parade and performance on Saturday, 8 June 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW 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 NSW 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 Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

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

5.2.2 Merimbula Jazz Festival - StreetFest

This year it is proposed to close of a section of Market Street between the intersection of Merimbula Drive and Beach Street. This proposed area will include the pedestrian signals. Following the music recital, the section of Market Street between Merimbula Drive and Beach Street is proposed to remain closed until 7.00pm to facilitate the Jazz Festival “StreetFest” which will showcase buskers, bands, street stalls and other festival related activities.

Recommendation:

1. That, subject to conditions, a section of Market Street between the intersection of Merimbula Drive and Beach Street, Merimbula be temporarily closed between 10.00am and 7.00pm on Saturday, 8 June 2019 for the Merimbula Jazz Festival “StreetFest”.

2. That, subject to conditions, Market Street, Merimbula between the intersections of Merimbula Drive and Beach Street be temporarily closed between 10.00am and 7.00pm on Saturday, 8 June 2019 for the Merimbula Jazz Festival “StreetFest”.

3. That the proposed traffic arrangements involving the temporary closure of Market Street, Merimbula for the Merimbula Jazz Festival “StreetFest” on Saturday, 8 June 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW 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 NSW 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 Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event.

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

5.2.3 Merimbula Jazz Festival – Lakeside Lantern Walk.

This year’s event is proposed to include a parade for local pre-school and primary school children carrying homemade lanterns and proceeding along the footpath from Spencer Park and finishing near the Merimbula Visitor Information Centre in Beach Street. The children will be under the control of teachers, parents and other responsible adults.

Recommendation:

As the proposed Lakeside Lantern Walk will utilise the existing footpath network, there is no formal approval required.

5.3 0603.RSP.014 - Timed Bus Zone Loftus Street, Bemboka.

Council has received a request from a resident in Loftus Street (Snowy Mountains Highway), Bemboka for the installation of a timed bus zone at the current bus stop locations for the Transport NSW Trainlink Service to and from Canberra. Council have contacted the Service provider seeking any difficulties regarding the location. The provider has indicated there are no reports from the drivers regarding the east bound location; however, drivers report some instances of vehicles parking in the west bound location.

The installed Coach timetable located at the west bound site indicates the westbound Service collects at 8.36am daily and the eastbound drops off at 7.46pm. Therefore, it is considered appropriate that timed bus zones be placed on both sides of Loftus Street (Snowy Mountains Highway) in the current bus stop locations for a period of 30 minutes covering the pickup and set down times.

Recommendation:

1. That Council approve the installation of a timed Bus Zone for the west bound daily Service between the hours of 8.15am to 8.45am for a length of 30 metres adjacent to No 79-81 Loftus Street.

2. That Council approve the installation of a timed Bus Zone for the east bound daily Service between the hours of 7.30pm to 8.00pm for a length of 26 metres commencing at the western driveway adjacent to No 80 Loftus Street.

5.4 0603.RS.015 - Church Street, Bega - Loading and Taxi Zones

Council has recently received correspondence from the owner of 49-61 Church Street, Bega raising concerns with impact to the columns supporting the overhead veranda from large vehicles parking in the adjacent loading zone. The owners of the Bega Taxi Service have been notified of the proposed relocation and no response has been received from them to date.

Recommendation:

Council approve the relocation of the existing Loading Zone with the existing Taxi Zone located at the south western side of Church Street, Bega.

5.5 0603.SE.016 – Candelo Village Festival including temporary road closure

A request has been received from organisers of the Candelo Village Festival seeking a temporary road closure of William Street, Candelo, between Eden and Hood Street (formally Panbula Street) from 12.00pm on 27 April 2019 to 6.00pm on 28 April 2019, for a music and arts festival.

Recommendation:

1. That, subject to conditions, sections of William Street and Hood Street (formally Panbula Street), Candelo be temporarily closed from 12.00pm on Saturday, 27 April 2019 to 6.00pm on Sunday, 28 April 2019 for the Candelo Village Festival.

2. That the proposed traffic arrangements involving the temporary closure of William Street and Hood Street (formally Panbula Street), Candelo for the Candelo Village Festival on Saturday, 27 April 2019 and Sunday 28 April 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 indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

7. That the event achieves all conditions of DA 2008.0012, including parking provisions.

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 Roads and Maritime Services (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.

The recommendations in this report are a direct reflection of the recommendations of the Local Traffic Committee.

Maps identifying locations these recommendations relate to are attached.

Attachments

1 ⇩. Traffic Control Plan Wolumla ANZAC Day March 2019

2 ⇩. Merimbula Jazz Festival temporary road closures June 2019

3 ⇩. Photos - Timed bus zone Loftus Street, Bemboka.

4 ⇩. Photos - Loading and taxi zones Church Street, Bega

5 ⇩. Candelo Village Festival temporary road closures April 2019

Council 10 April 2019

Item 12.3

12.3. Sportsground Committee Nominations - Sportsgrounds Sites & S355 General Sportsground Committee

Nominations to Sportsground Site Committees for the Bega Sportsground and Pambula Beach Sporting Complex as well as a S355 General Sportsground Committee nomination have been received and are presented to Council for consideration.

Director Assets and Operations

Officer’s Recommendation

1. That the nominees listed in the Confidential Attachment for membership of Bega Sporting Complex Site Committee and Pambula Beach Sports Complex Site Committee, as well as the nomination for the Section 355 General Sportsground Committee be endorsed.

Executive Summary

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator or spectator.

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking and development of friendships and can improve social skills.

There are currently 15 sportsground sites managed by Council across the Shire, with volunteer committees in place at many sites and working in partnership with Council

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

Site Sportsground Committees are made up of user group representatives and community members interested in the operations and management at individual sites. The S355 General Sportsgrounds Committee is made up of representatives from each Site Committee.

Background

· Nominations were called in late 2016 for people interested in membership of the various Community Sportsground Committees.

· Pambula Beach Sports Complex Site Committee held a meeting in February 2019. The three attached nominations include representatives from Pambula Pony Club, Merimbula Pambula Bulldogs Minor Rugby League Club (replacement of resigned member) and Lumen Christi who did not have an endorsed member on the site committee.

· Bega Sporting Complex Site Committee held a meeting in February 2019 and put forward a representative for the Section 355 General Sportsground Committee vacancy due to resignation of the previous representative.

· Details of the nomination received are provided to Councillors in the Confidential Attachment

Legal

Council’s framework for working with the community in the management of sportsgrounds is based on two levels of committees – the S355 General Sportsgrounds Committee and Sportsground Site Committees for individual sportsground sites.

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

The intent of the guidelines is that committee membership is balanced and reflects users of the sites and levels of use. Members of the Sportsground Site Committees are appointed by Resolution of Council. This report relates to nominations for individual Sportsground Site Committees, and a nomination for S355 General Sportsground Committee.

Policy

Council advertises for nominations for Sportsgrounds Site Committees members at the beginning of the Committee term, which align with the Council term. Mid - term nominations are not unusual. Typically, additional nominations can come about through changes in involvement in local sports clubs or, as is the case reason for this report, increased interest in being involved in the site committees or resignations from those on the committees. Mid Term nominations are welcome. Reporting nominations to Council gives a mechanism for nominees to be formally appointed to site committees.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Social / Cultural

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

Confidential Information

The confidential attachment to this report is considered confidential on the following basis:

· Section 14 of Government Information (Public Access) Act 2009 No 52 applies.

More specifically sub section 2 which states:

(2) The public interest considerations listed in the Table to this section are the only other considerations that may be taken into account under this Act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information.

Part 3 of the table referred to above states:

(3) Individual rights, judicial processes and natural justice

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

(a) reveal an individual’s personal information

· Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(a) stating:

(a) the report contains personnel matters concerning particular individuals

Attachments

1. Sportsgrounds nominations for Bega Sporting Complex & Pambula Beach Sports Complex Site Committees (Confidential)

Council 10 April 2019

Item 13.2

13.2. Exhibition of Operational Plan and Budget for 2019-2020

Council is required to exhibit its draft annual plans under the Integrated Planning and Reporting framework. These include the Delivery Program; Operational Plan; Budget; Rates and Charges; and Fees and Charges for a period of 28 days.

Director Business and Governance

Officers Recommendation

1. That the revised Delivery Program, draft Operational Plan 2019 – 2020, including Council’s Budget, Revenue Policy and all Rates and Annual Charges, be placed on public exhibition for 28 days.

2. That the draft Bega Valley Shire Fees and Charges 2019 – 2020 be placed on public exhibition for 28 days.

Executive Summary

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council has prepared a revised draft Operational Plan (One Year Plan) for 2019-2020. This is the third year of the adopted four year Delivery Program. The document includes the following:

- Draft updates to the Delivery Program 2017-2021;

- Draft Operational Plan 2019 – 202;

- Draft Budget for 2019 – 2020

- Draft Revenue Policy for 2019 – 2020

- Draft Fees and Charges for 2019 – 2020

- Draft Financial Estimates for 2019 – 2020

The draft Operational Plan outlines the individual projects and activities that will be undertaken for the year to achieve the commitments made in the adopted Delivery Program 2017-202.1 The drafts are now proposed to be publicly exhibited with the feedback considered by Council before adoption.

Background

The Delivery Program and Operational Plan are presented in one document which also includes financial estimates for the four-year period and a detailed budget for the operational activities to be undertaken as well as a statement of Revenue Policy for the applicable financial year, 2019 – 2020.

Delivery Program

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

Each year Council is required to consider issues that have arisen relating to the Delivery Program. Last year the original Delivery Program which had been adopted in June 2017 was amended to reflect two major activities which resulted in significant changes to our projected plan being:

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

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

The Delivery Program 2017-2021 has also been revised to reflect the new organisational structure and resulting redirection of services, legislation changes, the impact of the Tathra and District Bushfire and Yankees Gap response and recovery and an increase in funding opportunities particularly from the NSW State Government.

In the area of grants a significant increase in funding (in the order of $80m across all activity levels) has already been received which will see additional works programs and activities across a number of areas. The Highlights Section in the Draft Delivery Program summarises these. A number of applications are still be finalised and appropriate amendments will be made at the time.

Once resolved by Council the documents will be made available publicly for a period of 28 days for comment and submission.

Operational Plan

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

Revenue Policy

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

· details of estimated income and expenditure

· ordinary and special rates

· proposed fees and charges

· proposed pricing methodology, and

· borrowings proposed for the 2019-20 financial year.

Fees and Charges 2019 – 2020

The Council determines fees and charges for a range of services such as: Planning and Building; Library; Children’s Services and facility usage. These fees and charges form part of the Revenue Policy. The fees and charges proposed for these services and facilities for the 2019-20 year is detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Council management committees have been provided the opportunity to submit their draft fees for 2019-20, and these have been included.

Budget Summary

The draft Operational Plan also includes a 2019-20 Budget Summary which provides an overview of the total estimated income and expenditure for each of Council’s General, Waste, Water and Sewer Funds as well as a breakdown of expenditure by Council services.

Community Engagement

Considerable community input was integrated into the development of the plans over the period 2016 to 2017. This involved community surveys, workshops, market stalls and a range of engagement sessions. The resulting “Understanding Our Place” report informed some clear strategic direction.

Formal public exhibition of the Draft Operational Plan 2019-2020 in accordance with the requirements of the Local Government Act 1993 will occur.

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

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

Council consideration of input

Community feedback from the public exhibition period will be considered by Council before the final document is adopted in June 2019.

Legal /Policy

Under the Local Government Amendment Act 1993, Council is required to develop plans as outlined above and to publicly exhibit documents in the IPR framework for a period of 28 days.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environmental / Sustainability

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

Economic

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

Social / Cultural

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

Attachments

Nil

Council 10 April 2019

Item 13.3

13.3. Furthering development of a funding model for additional expenditure for Sapphire Coast tourism marketing and promotions

Council has been requested by the tourism sector to investigate and consider raising additional revenue for local destination marketing and support of Visitor Information Centres through a targeted Special Rate Variation (SRV) application or other revenue method.

General Manager

Officer’s Recommendation

1. That Council note the Report

2. That Council officers present for consideration a detailed further report on tourism rating models outlining the properties likely to be captured to participate, the increased rating costs to property owners, the process of consulting with property owners and the Council resource and cost implications.

3. That Council officers pursue the option of a sector wide special levy with other local Councils, Destination Southern NSW and local government bodies through legislative change.

Executive Summary

Over the past two years Council has been progressing discussions with industry groups, the Office of Local Government (OLG) and other Councils with a significant tourism focus in relation to funding options for tourism marketing and promotions. A Special Rate Variation (SRV) or other appropriate mechanism to support increased funding for tourism marketing and promotion have been investigated. This report outlines options available and the expected impact of progressing any option.

The draft Operational Plan 2019-2020 includes a draft action and associated budget to progress work to prepare a rate increase option. This report seeks to provide Council and the community with an update on the expected impacts of this.

Background

Council currently has two SRVs allocated to cover costs associated with tourism impacts on local assets in the Bega Valley Shire and another to grow the broader tourism and visitor economy within the Shire through marketing and promotion activities. In 2006/07 an SRV was successfully applied for to apply a small rate increase in perpetuity on all ratepayers for expenditure on tourism infrastructure. This SRV currently achieves an income amount of approximately $195,000 per annum and has been directed over the past 13 years to improve a range of infrastructure used by locals and visitors including BBQs, boat ramps, beach access and tourism signage. It is currently being used to fund Council’s resolved contribution to the Eden Port project.

The second SRV was successfully applied for and commenced 2010/11 and is raised from commercially rated properties in the Shire. This SRV has been approved for 20 years and supports Council’s tourism marketing, and promotion and support for the accredited community run Visitor Information Centres (VIC). This SRV currently achieves an income amount of approximately $295,000. In May 2018 Council approved a tender for Shire-wide destination marketing to an external contractor, Sapphire Coast Destination Marketing (SCDM). SCDM’s role involves destination marketing, industry development, liaison and partnerships with regional, state and national tourism bodies and funding attraction where possible. SCDM also facilitate relationships with the VICs and tourism businesses locally to build strong alignment to the Sapphire Coast brand.

There are 854 commercially rated properties that currently contribute to the $295,000 amount raised through the SRV. This is raised through the base rate and the ad valorem components of the rates so more highly valued properties contribute a greater proportion. An example of how this applies is that one of the highest contributors to the SRV amount would be the Sapphire Club in Merimbula due to the high value of their commercial land. The properties that contribute are located in designated commercial areas in the Shire. Several properties in these areas, whilst having a business activity carried out on the premises, are also residential and in some cases the property owner has applied to have the residential rate applied and therefore do not contribute to the SRV.

In order to ensure the Shire can be promoted effectively into key visitor markets, the previous Sapphire Coast Tourism Inc, who held the marketing and promotions contract with Council until 2018, requested additional funding above the SRV income, to undertake digital marketing and promotion. This was funded by Council, following Council Resolution, through the General Fund for each of the three years. This has not been allocated in 2018/19 and is not in the 2019/20 draft Budget.

There were some issues raised initially, when the current marketing SRV was introduced, as a number of tourism related businesses that for various reasons are not rated under the business category do not contribute to the current SRV yet benefit directly from the tourism economy. This is not an issue isolated to the Bega Valley.

At its meeting on 10 October 2018 Council resolved:

1. That Council authorise staff to continue modelling a special rate variation application based on raising funds to fully implement the six pool facilities strategy and provide for additional tourism marketing program and other tourism related expenses.

2. That a communications program is developed to present the program and all potential impacts to the community.

3. That Council include the development of a special rate variation application proposal as a key item in the draft 2019/2020 operational plan for formal consideration and resolution by Council prior to submission to IPART in February 2020.

4. That Council, in conjunction with other Councils, lobby the NSW Government to amend the Local Government Act to include provision for the application of a special levy for tourism.

Council officers have been progressing actions against this Resolution. This report focusses on the aspects relating to tourism marketing and other related expenses referred to in the Resolution. A separate report is being prepared in relation to maintaining six pools into the future.

Tourism Review 2016

In 2016 Council commissioned a Review of Tourism Services in the Shire. This Review looked at current models of tourism marketing and promotions and options for the future and funding models.

The review outlined the current funding models which have been considered through both the TILG and are further described here. The models included:

· Membership fees;

· Pay to play;

· Special rate variation; and

· Council allocation from general revenue.

Tourism Industry Liaison Group

The Tourism Industry Liaison Group (TILG) formed in late 2017 to work with Council through the contract process for the awarding of a new marketing and promotions contract, also raised the issue of tourism related funding. This issue was reported as part of the feedback from the TILG to Council in January 2018. Council resolved at this meeting as part of the Resolution on the way forward “That Council note the recommendations within the report ‘Review of Tourism Services in the Bega Valley Shire’ (2016), and Council Officers progress the development of an appropriate long-term service delivery model for tourism marketing and promotion and a preferred funding model for the future consideration of Council.”

Council has been working through this issue with the support and advice of the VICs and SCDM since that time to identify the most effective and equitable approaches in a complex legislative and logistical environment.

A copy of the Council Report of 31 January 2018 Item 11.1 Outcomes from the tourism industry liaison group (TILG) can be viewed on Council’s website by following this link with attached relevant background documents:

http://begavalley.infocouncil.biz/Open/2018/01/OC_31012018_AGN_AT_WEB.htm

Options for Expanded Tourism Funding

As noted previously, Council already has two SRVs in place focussed on supporting its tourism related activities – infrastructure and marketing and promotions. In 2006/07 Council went through an extensive review of tourism funding directly paid by the General Fund which at that time, was in the order of $1M. A sector restructure was undertaken and over the period of 2007/08 and the subsequent year, Council worked with the VICs and the Bega Valley Shire Business Forum to establish a new model and set up Sapphire Coast Tourism Inc funded by an SRV which was approved for a period of 20 years.

Since that time the VICs, SCT Inc and now SCDM have worked to provide excellent marketing and promotions for the area on a relatively limited budget. Whilst a smaller local government commitment statistics for the local area rank extremely high compared to other comparable areas.

The State Government instituted, through IPART, a review of rating in local government in 2015/16. Bega Valley Shire Council made a submission as part of the consultation in relation to that process. IPART delivered their report to Government in December 2018 however no response has yet been provided by the State Government.

Council officers have been researching work undertaken by other Councils in this area. For example, Byron Shire Council has looked at a range of models and most recently investigated a point of sale, voluntary contribution that would contribute to local government tourism related expenses. This has not progressed.

Over the past three years the NSW Government has significantly restructured State funded tourism services in NSW. The former Regional Tourism Organisations (RTOs) have been replaced by Destination Boards. These are funded by the State Government and have been predominantly established to reflect the now legislated Joint Organisation of Councils footprints. Destination Southern NSW (DSNSW) represents our area and is responsible for the development of Destination marketing plans and strategies.

SCDM works very closely with DSNSW to ensure there is integration in planning and programs. SCDM then works with local community run VICs and Council to ensure adequate information and integration. This is a new model in its infancy but there has been good intent through all involved to date.

Council also provides direct support for VICs through provision of facilities etc in some areas and a portion of the funding provided by the current SRV, and paid to SCDM is provided to VICs to support their work.

Tourism Snowy Mountains (TSM) has been very active in looking at a range of models including a bed tax on accommodation providers; a business tax capturing all businesses; and application of a rate increase via an SRV on all rate payers. TSM have also presented a case to Destination NSW and to the Destination Southern NSW (DSNSW) Board on working to develop a position on this to present to State Government for consideration. This work commenced late in 2018.

There is a proposal suggested by DSNSW and Snowy Monaro Regional Council that the Canberra Region Joint Organisation (CRJO) and Illawarra Shoalhaven Joint Organisation (ISJO) could progress new ways of leveraging appropriate funding

The General Manager has also met with staff from the OLG in relation to options.

The following summarises feedback received:

· Special tourism levy

This would require legislative change, either by a change to the LGA as undertaken with the introduction of the capacity to levy for coastal protection works (S496A of the LGA) or as in the case of Blue Mountains emergency service levy, through separate legislation.

· Bed tax

This is a tourism sector led approach which has been considered by TSM and Byron Shire Council and others.

State-wide this is an option/issue which has recycled many times and does not seem to adequately include a contribution from the tourism properties that are experience, food or non-accommodation related i.e. the amount raise is per bed night applied to tourists that stay, not capturing day visitors

· All rateable properties rating model

A model where all properties in the Shire contribute (e.g. residential, rural) is achievable. Council currently has this in place in relation to funding tourism infrastructure which when it was introduced, had wide appeal as it contributed to infrastructure that residents and tourists would benefit from. General feedback from Councillors to date indicate this is not a preferred approach.

· Sub-category models with a new rating category

This would involve property mapping across the Shire to identify potential commercial/mixed use properties outside to current commercial rated areas and would have to go through an extensive process involving:

o resolving to review and restructure Council’s rating system

o creation of a new rating category

o mapping all properties

o advising all potentially affected property owners of a new proposed rating category for their property

o allowing for a submission and objection process

o additional Council officers / contractor resources to undertake this work, as it is not achievable within current resources

o expected that this model may take several years to achieve.

· Special levy

Under S495 of the LGA Council could resolve to identify properties that directly benefit from tourism marketing and promotions and apply a levy amount. This is different to an SRV and only applies to those properties directly benefiting from the service (tourism marketing and promotions) provided. The amount is raised by an increase in the base rate and the ad valorem component.

· Other State / Regional Strategies

Council should continue to utilise the local government sector to present a new model that potentially leads to legislative change (e.g. utilising CRJO and ISJO and Destination NSW). There is considerable interest in presenting a case for a new model to the State Government, though this takes resourcing and a long-term commitment.

· Membership Model/Pay to Play

An alternative model may be for Council to support and promote a membership model and collect membership fees which it then distributes rather than a rating model. A key challenge is that this, by its nature, would be a voluntary membership and there is already a membership model within the VIC structure. There is potential that any additional funds raised above these memberships may be minimal.

The “pay to play” model is currently partly in use and has been over many years . This sees operators or groups contribute to a specific campaign.

Options

The following options could be utilised to develop a model to assist the tourism industry contribute to an increased level of funding support for marketing and promotion:

1. Apply to have the current marketing and promotions SRV extended to all properties in the Shire (amend a current S508(A) approval).

2. Seek approval to increase the current SRV commercial property levy amount levied on businesses (amend a current S508(A) approval).

3. Investigate and develop a model that creates a new mixed use rating category and maps all properties in the Shire with a tourism business activity (utilising S518B of the Local Government Act 1993 (LGA).

4. Investigate and develop a special levy on properties benefiting from tourism marketing and promotion by way of a special levy (utilising S495 of the LGA).

5. Promote legislative change with other local government bodies to implement a special levy for tourism through amendment to the LGA or by way of separate legislation. This relates to item 4 of the Resolution of October 2018 and work has commenced in this area.

6. Advocate for increased State funding for local government areas with significant tourism activity which benefits NSW. This could be through funding direct to local government or to the Destination Boards.

7. Support the local industry to increase revenue through membership models.

Preferred option/s

Of the options, a Special Levy, may be achievable with the least amount of impost on the organisation and the community and with additional Council resources may be progressed and developed to present to the affected property owners for consideration by Council at the end of 2019 or in 2020. If this model is endorsed then a report would be prepared for Council to consider in August of 2019. An amount of $100,000 has been nominally included in the 2019/20 draft budget to cover the expense of undertaking this work and the development of the rating model and application.

The State-wide solution which sees a funding allocation to Shires with significant impacts from, and reliance on tourism, or introduction of legislation that allows those Shires to implement a dedicated Tourism levy is also seen as one that should continue to be progressed with the CRJO, ISJO , Destination Southern NSW and Local Government NSW (LGNSW). This option will require considerable leadership, lobbying and time to implement.

Community Engagement

Consultation undertaken

The VICs and industry bodies have been meeting with Council officers to look at how to gain community support for a model that will ensure all tourism related businesses contribute to increasing the capacity of Council to support additional marketing and promotions activity for the Shire.

Consultation Planned

Council will continue to liaise with the industry bodies and the sector. If Council resolves to progress with preparing an SRV application in the 2019/20 year for introduction in the 2020/21 year, then there will be a requirement of a community information program as part of the process.

If a Special Levy is to be considered, then direct engagement with the affected property owners will be required to gain their support for any application.

Council consideration of input

Council has considered this matter on a number of occasions and the action is adopted in the Council’s current Delivery Program 2017-21.

Financial and resource considerations

Council currently has two SRVs aligned to the tourism and visitor economy.

Funding source		Amount
Special Rate Variation – Tourism Services (commercial ratepayers only)	$	~295,000 p/yr
Special Rate Variation – Tourism Infrastructure (all ratepayers)	$	~195,000 p/yr

The SRV – Tourism Services (commercial ratepayers only) provides assistance to the local tourism and visitor economy through destination marketing and engagement, and VIC management arrangements.

The SRV – Tourism Infrastructure supports a range of assets directly used by the broader Bega Valley Shire community as well as visitors. This infrastructure includes recreational assets and signage.

The tourism / visitor economy sector is also supported by significant in-kind resource support from Council officers, subsidised rental arrangements (where relevant) and funding assistance through State and Federal Government programs where possible.

In order to develop a new tourism funding model for consideration by the industry and aimed at applying to individual properties that have a tourism related business and subsequent consultation and application to IPART, it is expected Council costs will be in the order of $100-$150K. This amount covers the required property mapping, the development of rating models, the consultation and application process.

This amount would need to be provided by the General Fund however it is understood that if a new levy was successful, these funds would be able to cover this cost retrospectively.

Industry requests for additional funding, through the TILG consultation, indicated to that in their view to adequately market and promote the area an additional $340,000 through to approximately $1M would be required. In October 2018 Council resolved to continue modelling for a new tourism related SRV in the order of $300,000.

Legal /Policy

The allocation of funding by Council must be directed by the adopted strategies and actions outlined in Council’s adopted Delivery Program, Operational Plan and Budget. The development of a rating model that increases funding able to be allocated to market and promote the local area has been included in Council’s current adopted documents.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Visitation is identified as a focus area in Council’s Economic Development Strategy 2016-2021.

The TILG discussed a range of issues about the tourism and visitor economy in the Bega Valley Shire. A key area of discussion related to the longer-term roles, options, funding and tourism services delivery models in the Shire. To this end, the report ‘Review of Tourism Services in the Bega Valley Shire’ (2016) was discussed at length. The TILG expressed strong interest in progressing a recommendation from this report that delivers on the economic benefits of a growing visitor economy. (See attached Report.)

Environmental / Sustainability

The natural environment of our region is the key regional tourism related asset promoted to potential visitors. The discussions by the TILG recognised this asset was the key destination marketing aspect that sets the Sapphire Coast apart from other regions in Australia.

Economic

Tourism and the visitor economy is a key local industry with an estimated value of up to $430M annually. Domestic day, domestic overnight and International tourism totals: 460,000; 520,000; and 35,000 visits respectively with many local businesses supported by this economic activity, though they may not identify as a ‘tourist’ business.

Risk

The value of the tourism and visitor economy is significant to the Bega Valley Shire. Supporting sustainable growth in this key sector supports local jobs and growth. The Review of Tourism Services in the Bega Valley Shire (2016) report clearly articulates the important role Council plays in ensuring the broader Bega Valley Shire benefits from the tourism and visitor economy into the future.

Social / Cultural

The tourism and visitor economy is a key sector in the Shire that aligns directly to a range of cultural events (e.g. Four Winds, Merimbula Eat). It also supports social outcomes including employment and training opportunities.

Attachments

Nil

Council 10 April 2019

Item 14.1

14.1. Southern Phone Dividend 2019

Council has received advice in relation to the 2019 dividend payment from Southern Phones

Director Business and Governance

Officer’s Recommendation

1. That Council include the Southern Phones dividend in the Budget for allocation in the financial year following the formal announcement of the dividend amount.

2. That the 2019 dividend amount be allocated for expenditure in the 2019/20 Budget to support Festivals and Events funding of $50,000 and community group reimbursement and support of $15,000.

3. That applications are called for in July 2019 for fund events and projects for the financial year 2019/20.

4. That Council formally acknowledge the support of Southern Phones in the media and at the announcement of funding approvals.

Executive Summary

Council has received advice as to the 2019 Southern Phones dividend. This amount must be allocated to activities with community benefit and has previously been identified as a funding source to support community events and festivals. Due to uncertainty in the amount for the current year, no funding allocation was made against the expected income. It is proposed the dividend amount when received should then be allocated in the subsequent year’s Budget and should continue to support community events and reimbursements.

Background

Council was a founding shareholder of the Southern Phone Company Ltd which is an unlisted Public Company with only local councils as shareholders. This means all profits are returned to the community through dividends paid to local councils.

Southern Phones was formed in 2002 after receiving $4.77 million in funding from the Australian Government’s Networking the Nation scheme. The objective of the company is to deliver more affordable telecommunications services to regional communities and to share their success with those communities, through dividends paid to our Local Government shareholders and used for the benefit of their local communities. The dividends are calculated utilising the number of Southern Phone subscribers in each local government area.

In the early days the dividend amounts were small and Council considered allocating them when received. Over time the amount of the dividends increased annually and Council moved to include the dividend as an allocation to community based outcomes. In July 2016 Council resolved to utilise a portion of the annual dividend to fund some of its Community Grants Program. The 2015/16 dividend reached $130,887 and of this $105,500 was utilised to support this program.

In 2017 Council received advice from Southern Phones indicating that a number of factors was decreasing the dividend payable and Council officers immediately took action to minimise commitments against the planned dividend so as not to exceed the Budget allocation.

At its meeting on 27 June 2018 Council again decided on a precautionary approach and resolved in relation to allocation of the dividend:

· That the funding model proposed to identify some allocation for events and community support [following reduction of the Southern Phones dividend funding] not be applied. Instead, staff prepare a report to Council with the first quarterly budget review, following reconciliation of the end of year financial results, outlining potential avenues of funding to support the restoration of a community events funding allocation of $40,000, potential allocation to also be identified for the Merimbula VIC relocation and fit out, Bermagui charrette, and the sealing of the Plumb Motors Auckland Street Car park.

Council, at a subsequent meeting allocated funding from other sources to the Merimbula VIC relocation and additional WiFi for the Emergency Operations Centre in Bega.

Council has now received advice in relation to the 2019 dividend, which is $65,097.68.

In order to ensure we deliver community outcomes from the dividend, which is a requirement of the Southern Phones Constitution, it is recommended Council allocate the dividend post annual announcement each year for the following year.

It is recommended this amount be allocated for expenditure in the 2019/20 Budget to support festivals and events funding of $50,000 and community group reimbursement and support of $15,000. This would support a process which would call for applications in July 2019 and fund events and projects for the financial year 2019/20.

Options

Council can determine to allocate the dividend amount to any project or activity that achieves community based outcomes. Council has in the past allocated the dividend to community projects and in the most recent period since 2015 supported a range of community festivals and events and offsets to costs for community groups.

Council has the option to:

1. Allocate the amount to fund community festivals and events and offset community group reimbursements through an application process as previously operated; or

2. Allocate the funds to a one-off Council or community project.

In addition, it would be good practice to set in place a strategic approach that directs officers to annually budget the amount for the financial year following the announcement of the dividend amount.

Financial and resource considerations

Council officers’ resources are currently in place and the process is already established to administer a funding application process.

The funding provided would be directed to groups that have been assessed against the festivals and community events funding criteria.

Funding source		Amount
Southern Phones Dividend 2019 for allocation in the 2019/20 financial year	$	$65,000

Legal /Policy

Council is a local government shareholder of Southern Phones Company Ltd. The Constitution of Southern Phones includes a clause ensuring dividends are paid to shareholder local councils, to support activities and projects of community benefit.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council has included festivals and events in its Strategic Plans and supports a number of events. This aspect of the program would cover community run festivals and events.

Economic/Social / Cultural

The value to the local community in terms of economic, social and cultural outcomes is important and visible. This program has been seen to support new and emerging events and not to support well established and self-supporting local events.

Attachments

Nil

Council 10 April 2019

Item 14.2

14.2. Certificate of Investment

This report details Council’s Investments at the end of February 2019.

Director Business and Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 28 February 2019.

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

Executive Summary

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

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

Background

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

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

Financial and resource considerations

The attached report indicates a current investment portfolio of $73,424,922 at 28 February 2019. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	December 2018	January 2019	February 2019
General Fund	$25,427	$20,046	$17,982
Water Fund	$17,614	$18,309	$19,394
Sewer Fund	$32,942	$32,833	$36,048
TOTAL	$75,983	$71,188	$73,424

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

As at 28 February 2019, BVSC’s available cash balance was $5,295,213 and the investment balance was $73,424,922. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 26,216,565

· TCorpIM Strategic Cash Fund - $47,208,357

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

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

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

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

Attachments

1 ⇩. 2019.04.10 Investment Report TCorp Strategic Cash Fund February 2019

2 ⇩. 2019.04.10 Investment Report TCorp Cash Fund February 2019

Council	10 April 2019
*Item 9.1 - Attachment 1*	Description of the sites

Council	10 April 2019
*Item 9.1 - Attachment 2*	Existing zoning

Council	10 April 2019
*Item 9.1 - Attachment 3*	Proposed zoning

Council	10 April 2019
*Item 9.1 - Attachment 4*	Planning proposal

Council	10 April 2019
*Item 9.2 - Attachment 1*	Locality Plan

Council	10 April 2019
*Item 9.2 - Attachment 2*	Applicant's justification for amended proposal

Council	10 April 2019
*Item 9.2 - Attachment 3*	Development history

Council	10 April 2019
*Item 9.2 - Attachment 4*	Draft modified consent

Council	10 April 2019
*Item 9.3 - Attachment 1*	Council Report for Environmental Zones - 13 December 2017

Council	10 April 2019
*Item 9.4 - Attachment 1*	Draft DCP Chapter 7.9

Council	10 April 2019
*Item 9.4 - Attachment 2*	Gateway Determination

Council	10 April 2019
*Item 9.5 - Attachment 1*	2019 Australian Coastal Councils Communiqué

Council	10 April 2019
*Item 12.2 - Attachment 1*	Traffic Control Plan Wolumla ANZAC Day March 2019

Council	10 April 2019
*Item 12.2 - Attachment 2*	Merimbula Jazz Festival temporary road closures June 2019

Council	10 April 2019
*Item 12.2 - Attachment 3*	Photos - Timed bus zone Loftus Street, Bemboka.

Council	10 April 2019
*Item 12.2 - Attachment 4*	Photos - Loading and taxi zones Church Street, Bega

Council	10 April 2019
*Item 12.2 - Attachment 5*	Candelo Village Festival temporary road closures April 2019

Council	10 April 2019
*Item 14.2 - Attachment 1*	2019.04.10 Investment Report TCorp Strategic Cash Fund February 2019

Council	10 April 2019
*Item 14.2 - Attachment 2*	2019.04.10 Investment Report TCorp Cash Fund February 2019

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

10 April 2019

Staff Reports –Planning And Environment

10 April 2019

9.1. Planning Proposal for B4 Mixed Use Zone at Tathra Headland

Officer’s Recommendation

Attachments

Officer’s Recommendation

Executive Summary

Description of the proposal

Description of the site

Background

Planning assessment

Zoning

Community Engagement

Consultation undertaken

Issues

Noise

Economic impacts

Impact on Flora and Fauna

Traffic

Bushfire

Attachments

Council

10 April 2019

Staff Reports – Economic Develoment and Business Growth

10 April 2019

Council

10 April 2019

Staff Reports – Infrastructure Waste And Water

10 April 2019

Council

10 April 2019

Staff Reports – Governance And Strategy

10 April 2019

Staff Reports – Finance

10 April 2019