Agenda of Council - 28 August 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 Bega Valley Shire Council (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 5.11 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 5.11 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

28 August 2019

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

Recommendation

That the leave of absence from 1 August 2019 to 10 September 2019 requested by Cr Allen be accepted.

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 7 August 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 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

8.1 Adoption of amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach............................................................................... 9

9 Staff Reports – Community, Culture and Leisure

9.1 Access Improvement Grants 2019.............................................................................................. 16

10 Staff Reports –Economic Development and Business Growth

Nil Reports

11 Staff Reports – Infrastructure Waste and Water

11.1 Road Closure - Section of Council public road on Tilba Road, Wallaga Lake........................ 22

11.2 Tender RFT 43/19 West Kameruka Road Upgrade................................................................... 26

11.3 Barclay Street, Eden Sports Pavillion - Preferred Location..................................................... 30

11.4 Road Closure - Section of Council public road adjacent to Mumbulla School in Bega....... 37

11.5 Community Project Proposals...................................................................................................... 65

11.6 Driftwood Village request to connect to Council's reticulated sewer................................... 71

11.7 Merimbula Wharf Public Toilet Facility.................................................................................... 105

11.8 Former Hotel Australasia ........................................................................................................... 121

11.9 Bega Valley Local Traffic Committee......................................................................................... 125

11.10 2019 Local Roads Congress........................................................................................................ 136

12 Staff Reports – Governance and Strategy

12.1 Draft Submission to NSW Government - review of the local government rating system 146

13 Staff Reports – Finance

13.1 Establishment of a Community Disaster Relief Fund ............................................................ 155

14 Councillor Reports

14.1 Canberra Region Joint Organisation Board Meeting - Key Outcomes................................. 171

14.2 Australian Local Government Association (ALGA): 2019 National General Assembly..... 173

14.3 Country Mayors Association meeting....................................................................................... 176

15 Rescission/alteration Motions

16 Notices of Motion

16.1 Merimbula CBD upgrade............................................................................................................. 181

16.2 Climate resilience strategy input............................................................................................... 183

17 Questions with Notice

17.1 Gravedigging tender - request for report................................................................................ 187

18 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 188

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

Statement of Re-Commencement of Live Streaming

19 Noting of Resolutions from Closed Session

20 Declassification of reports considered previously in Closed Session

Council 28 August 2019

Item 9.1

9.1. Access Improvement Grants 2019

Applications for 2019 Access Improvement Grant program have been assessed and require a Resolution of Council to allocate grants to the successful applicants.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council adopt the Access and Inclusion Advisory Committee’s recommendations (Attachment 1) to award the following Grant allocations:

[insert details from confidential attachment]

2. That Council thank the Access Improvement Committee, and it’s Grants Sub-committee, for coordinating the 2019 Access Improvement Grant Program.

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

4. That unspent funds from the 2019 Access Improvement Grant round be dispersed through a second Grant round in the 2019/20 Financial Year.

Executive Summary

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

The latest round of Access Improvement Grants was advertised in May 2019 and a total of five applications were received. The applicants requested $14,795 in total, contributing towards projects worth over $35,253.

Background

Council has a Section 355 Access and Inclusion Advisory Committee (AIAC) to assist in making the Shire a better place to live for all, and particularly those in our community with reduced mobility, frailty or impairment. The AIAC is responsible for administering a small Grants Program to address access issues in the Shire. Historically, this Grant fund has not always been fully expended.

The Access Improvement Grants provide Council with an opportunity to leverage the passion and interest of volunteers and community groups to deliver projects of benefit to the Shire.

Options

The options available to Council are either to:

1. Accept the recommendation of the Access and Inclusion Advisory Committee,

2. Choose to allocate the funds to access improvements in a different way, or

3. Not to allocate any funds to this Grant Program.

Option 1 is the recommended option.

Community Engagement

The Access Improvement Grants have been discussed on a number of occasions by the AIAC. The AIAC was consulted in relation to the parameters of the Grants and recommended funding allocations.

The Grant Program opportunity was advertised in local newspapers during 27 – 31 May 2019, and circulated via the Council News publication, Bega Valley Shire Council website, and via social media.

Following an initial assessment by Council officers to confirm eligibility or otherwise, the applications were reviewed by a sub-committee of members of the AIAC. This sub-committee was made up of Mr Colin Dunn, Ms Felicity Gates, and Dr Alice Howe.

The sub-committee submitted its recommendations to the AIAC at its 5 August 2019 meeting.

The AIAC recommended the funding amounts as presented in Attachment 1.

Financial and resource considerations

This year there is $27,259 available for distribution to Access Improvement Grants. This includes $20,000 for the 2019/20 Grant round and $7,259 in unspent funds carried over from the 2018/19 Financial Year.

The Community Grant Program Guidelines outline the criteria by which Grant applications are assessed. This includes advice that Grants will be in the range of $500 to $5,000 and that matching contributions are required for commercial businesses and for-profit groups.

The five (5) applicants requested $14,795 in total, contributing towards projects worth over $35,253. This clearly demonstrates the value that can be leveraged by providing support to community groups and voluntary organisations.

A total of $14,795 has been recommended for allocation to five (5) applicants. The AIAC will seek to disburse the remaining $12,464 in unspent Grant fund through a second 2019/20 grant round.

Funding source		Amount
General Fund – Access Improvement Grants	$	$27,259

Legal /Policy

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Economic

The Access Improvement Grants are listed as an activity in the Operational Plan 2019/20: Administer the Access Improvements Grant Program. Disbursement of grant funds makes a small contribution to the broader Bega Valley economy.

Risk

Council has obligations under the NSW Disability Inclusion Plan, Council’s Disability Inclusion Action Plan and the Disability Inclusion Act 2014 to provide for all residents and visitors to the Shire. Council has reputational and legislative risks if it does not provide inclusive facilities and spaces.

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

Social / Cultural

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

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

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(a) stating:

(a) the report contains personnel matters concerning particular individuals

· Section 10D of the Local Government Act 1993 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.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest as it would potentially disclose private business information provided and would also impact Council’s position in relation to its consideration of the matter. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual applicants during a grant application process.

Attachments

1 . Access and Inclusion Advisory Committee Grant Recommendations (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

Council 28 August 2019

Item 11.1

11.1. Road Closure - Section of Council public road on Tilba Road, Wallaga Lake

Council has received an application from the adjoining land owner to close a section of surplus Council Public Road Reserve adjoining Lot 41 DP 752130 in Wallaga Lake.

Director Assets and Operations

Officers Recommendation

1. That Council approve, in principle, the proposal received from the applicants for the closure of surplus Council public road reserve which adjoins their landholding being Lot 41 DP 752130.

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

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

4. That if no objections are received Council, by notice published in the Government Gazette, formally close the surplus public road reserve concerned.

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

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

Executive Summary

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

Background

The landowner of Lot 41 DP 752130 in Wallaga Lake has made an application to Council to formally close the unformed section of surplus Council public road reserve adjoining their property. The section of road reserve is currently fenced in and contains gardens maintained by the occupants. Council officers have considered the closing of the section of road reserve and sale to the adjoining landowner and established that the road is no longer required for any public purpose. A status search of the Road Reserve has also been conducted to confirm the dedication as Council public road reserve.

A plan of the section of road reserve which is the subject of the permanent road closure application is shown below.

From 1 July 2018, all NSW Councils were given power to close a Council public road, pursuant to Part 4 Division 3 of the Roads Act, however the vesting of Council roads on closure process remains unchanged by the amendments to the Roads Act. When a constructed Council public road is closed, it remains vested in Council and Council may facilitate the subsequent sale of the land and receive the proceeds of sale.

As the NSW Department of Industry – Lands and Water (the Department) no longer has the power to close unconstructed Council roads, Councils are required to process the closure of suitable unconstructed Council public roads even though the roads will vest in the Crown upon closure. In this case it is Council officers’ intention to provide the Department with written declaration of road construction within the road corridor, to facilitate the subsequent sale of the portion of closed road to the adjoining landowner.

The dictionary of the Roads Act does not specifically define ‘construction’ in terms of section 38E (2) of the Roads Act. The definitions of ‘road work’ and ‘carry out road work’ in the dictionary of the Roads Act appear to be related to ‘construction’. Examples of current or historical construction within road corridors may include:

· Bitumen-sealed road formations

· Gravel or other road-base material

· Formed footpaths and/or kerb and guttering

· Slashing or clearing of vegetation

· Mowing.

The Department will accept a written declaration of road construction from Council which will form the basis of the Department’s response. Council officers have confirmed that Tilba Road is on our planned slashing program three times a year and roadside mulching program every two years which will form the basis of Council’s construction declaration to the Department.

Options

The options available to Council are:

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

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

Community Engagement

Consultation undertaken

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

Consultation Planned

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

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

Financial and resource considerations

The applicant is responsible for all costs associated with the road closure application, subsequent transfer, their own and Council’s legal costs incurred (capped at $3,500) to finalise this matter. In addition to these costs, the applicant will pay Council the current market value of the land as determined by an independent valuer.

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

Legal /Policy

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

A plan of first title creation will be prepared and registered at Land Registry Services, with title transferred to the applicant upon payment of the agreed compensation.

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

Part 4 Division 6 Section 43 of the Roads Act No 33 states the following:

43 Disposal of land comprising former public road owned by council

(1) This section applies to land vested in a council and forming part of a former public road.

(2) Land to which this section applies is operational land for the purposes of the Local Government Act 1993 unless, before the land becomes vested in the council, the council resolves that it is to be community land, in which case the land is community land.

(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

Attachments

Nil

Council 28 August 2019

Item 11.2

11.2. Tender RFT 43/19 West Kameruka Road Upgrade

This report details the outcome of evaluation of Tender RFT43/19 for the West Kameruka Road upgrade and recommends award to the preferred tender.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accept the tender from <insert> and enter into a contract in relation to the works described in Tender 43/19, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items.

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

4. That the General Manager be delegated to work with the NSW Government to determine a best value outcome for any potential underspend on the project which may include variation to scope on the West Kameruka project or reallocation to an alternate NSW Government funded road project.

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

Executive Summary

Council successfully secured $3.5M from the NSW Government’s 2017/18 Fixing Country Roads Program to progress sealing of 8km of West Kameruka Road. The project will improve the connection between Snowy Mountains Highway (RMS Managed) and the Candelo Bega Road by resolving issues of general gravel road defects including rutting, corrugation and loose gravel. This report outlines the outcome of the tender process for delivery of the project.

Background

As part of the NSW Government Funding Deed and the tendering requirements, Council will undertake road alignment improvements, pavement strengthening, bitumen sealing the wearing surface, drainage upgrades and associated road furniture upgrades (including signage and guardrail).

Council invited tenders from suitably qualified contractors to seal and upgrade West Kameruka Road between the Snowy Mountains Highway and Candelo Bega Road and received four tenders. Tenders were advertised in local media on 9 July 2019 and in the Sydney Morning Herald on 8 July 2019.

At the close of the tender period at 12.00pm on 7 August 2019, six (6) documents were issued, with four (4) conforming submissions received from the following companies:

· Downer EDI Works Pty Ltd

· John Michelin and Son Pty Ltd

· McMahon’s Earthmoving Pty Ltd

· RD Miller Pty Ltd

Applicants were asked to provide:

· Lump sum price breakdown of the works

· Schedule of Tenderer’s Project Experience

· Schedule of Key Contact Staff

· Schedule of Consultants, Subcontractors & Major Suppliers

· Schedule of Tender Program

· Schedule of Work Health and Safety

· Schedule of Tenderer’s Current Workload

The tender submissions were assessed against the following evaluation criteria

1. Tender Evaluation
Criteria	Weighting
Price	50%
Lump Sum Breakdown	10%
Proposed Construction arrangements, site establishment and Traffic Management	5%
Construction Program	5%
Local Community Benefit	5%
Support Indigenous business development and provision of opportunities to participate in the economy	5%
Experience completing Similar Projects	5%
References	5%
WH&S	5%
Capacity to undertake a project of this scale	5%
Total	100%

The tenders were evaluated by a Panel in accordance with the predetermined evaluation criteria. Based on the tender evaluation the lowest priced tender submission was considered to provide best value for money for Council.

Community Engagement

Consultation undertaken

The sealing of West Kameruka Road is strongly supported by the community, who have advocated for over a decade to have the Road to a standard that will not only provide a key transport logistics link, but also more broadly for the safety of the residents, particularly the school bus, in all weather conditions.

Residents and property owners living on West Kameruka Road have been advised of key project milestone dates, the scope and extent of the project via a letter drop.

Consultation Planned

Further notification(s) will occur prior to construction commencing and during construction to notify them of any potential impacts to property access during construction.

Financial and resource considerations

The works are 100% funded under round three of the NSW Government’s Fixing Country Roads Program.

Funding source		Amount
NSW Government Fixing Country Roads Program	$	3,542,401

Although the tendered amount is under the budget allocation there is an opportunity to improve outcomes on the road network by working with the NSW Government to either enhance the scope of works on this project or alternatively utilise any under expenditure on other road projects within the Shire funded by the NSW Government.

Legal /Policy

The tender process complied with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

One of the key outcomes of the Project is to make the Shire a more access friendly place for all residents and visitors to the area which aligns with the Bega Valley Shire Council’s Operational Plan - An Accessible Place:

“A2 - Facilities and Services: our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.”

The project also aligns with the Community Strategic Plan 2040 – Outcome 2- Employment and Learning opportunities:

“Strategy 6 – Collaborate with relevant parties to develop and enhance the economic opportunities provide by……East-West freight corridor…”

The project will connect the Snowy Mountain Highway (managed by RMS), and the Candelo-Bega Road.

It will allow a more direct route between the Snowy Mountains Highway in the north of the Shire enabling access to Cooma and Canberra markets, and the Princes Highway further south providing access to the southern parts of the Shire.

Environmental / Sustainability

Upon completion of the project the following benefits will be realised:

· The sealing of the Road will provide less dust creation

· Improve drainage and erosion control

Economic Benefits

Upon completion of the project the following benefits will be realised:

· The weight restriction will be lifted on West Kameruka Road once the pavement stabilization and sealing are completed.

· Freight between the southern part of the Shire and Canberra will be able to access this Road as an alternative and shorter route.

Risk

Upon completion of the project the following risks will be addressed:

· Improve road safety through the installation of safety barriers and improved site lines for all road users.

In addition to the above there is a risk that through delivery of this project, there will be higher demand on the surrounding road network.

Social / Cultural

The local community have been requesting the sealing of this Road for some time with several petitions at both local and state levels requesting the sealing of the Road

Attachments

1. Confidential attachment to Council Report RFT 43/19 Upgrade of West Kameruka Road (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

2 . Confidential attachment to Council Report RFT 43/19 Upgrade of West Kameruka Road Evaluation Scoresheet (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 28 August 2019

Item 11.3

11.3. Barclay Street, Eden Sports Pavillion - Preferred Location

The purpose of this report is to provide a recommendation to Council for the location of the new sports pavilion at Barclay Street, Eden following an options review and consultation process with the Barclay Street User Group Committee.

Director Assets and Operations

Officer’s Recommendation

It is recommended that Council:

1. Note and endorse the consultation undertaken and site selection process as outlined in the report.

2. Endorse Option 3, being in the north eastern part of the site, as outlined in the report as the site for the new pavilion/amenities building at Barclay Street Sportsground, Eden.

Executive Summary

Council has received funding through the NSW Government’s Stronger Country Communities Fund Round 2 to deliver a new sports pavilion, floodlighting and carpark works to the Barclay Street Eden sportsground.

The Funding Deed milestone requires the new pavilion to be completed by 1 October 2020. To advance the project to concept design and subsequent design development and construction stage, the location for the new pavilion needs to be finalised.

Four (4) potential location options were initially presented for consideration and after a lengthy consultation process with the Barclay Street User Group Site Committee (Site Committee) two (2) preferred locations were identified.

The two (2) preferred options both had merit, and there were differing opinions within the Committee however, as per the supporting information contained within this report, Option 3 is the recommended site for the new pavilion.

Background

The Stronger Country Communities Fund Round 2 grant program provided $653,948 for a new pavilion, floodlighting and carpark works at Barclay Street Eden sportsground with Council contributing a further $185,000, bringing the total funding for the project to $839,000

The existing pavilion is situated at the south eastern end of the sportsground, does not meet Australian Standards for accessibility, does not provide for mixed gender use and is below an acceptable standard for continued use, hence it will be demolished and a new pavilion built.

The new pavilion will address the issues listed above and include new accessible compliant public toilets to replace the existing public toilets, which are in a similar condition to the existing pavilion and need upgrading.

The new pavilion and lighting will primarily be used by the Eden Whalers AFL Club, the Eden Cricket Club, the Eden Netball Club and the Eden Soccer Club. The various club activities encompass men’s and women’s, senior and junior as well as mixed competitions.

The sportsground also hosts softball, school sports and boot camp type exercise participants. The sportsground area is also home to the Eden Tennis Club as well as providing recreational activities for the community with open access basketball courts and a skate park. Curalo Lagoon lies just to the north and there is an access point to the Lake Curalo Boardwalk from the northern end of the sportsground.

The Site Committee has been formed with representatives from the various sporting clubs with regular meetings held on the third Tuesday of each month to help progress the project.

The Site Committee is the representative body for community consultation and to provide input from their respective user views and raise any issues they see that are in the interests of the best outcome for the project, Council officers also attend these meetings.

A key objective of the Site Committee was to select a preferred location for the pavilion and four possible site locations as shown in the plan below were discussed and debated with various sporting clubs having competing views due to varying users’ needs and requirements.

During the consultation these four (4) options were reduced to two (2) with locations 2 and 3 to be further investigated. Both the preferred options had merit, but there was considerable difference of opinions between the user groups and the representatives on the Site Committee.

It was agreed with the Site Committee, a report will be prepared with a recommendation to Council identifying the preferred location based upon an objective site evaluation process by Council officers, using a point scoring evaluation matrix to determine the recommended location.

Options Evaluation

Option 2 and Option 3 were further investigated by Council officers and were subject to an evaluation process based on the following criteria:

a) Provision of accessibility requirements

b) Parking provision

c) Existing services availability

d) Safety and risk management issues.

e) Mutual amenity provision to the various user groups represented by the Site Committee

f) Planning considerations in relation to site ownership/management and associated compliance with relevant acts.

g) Future asset development potential at the Barclay Street site.

h) Possible inundation and erosion considerations

i) General buildability in relation to chosen site and budget implications

The matrix assessment used a scoring range of 1 to 5 (with 5 being the highest score).

Criteria	Option 2	Score	Option 3	Score
Accessibility General (path links etc)	Site will require some excavation into the slope to build, doors to the side and back of the building will require paths & retaining walls for access	2	Located on in a flat open area with minimal ground excavation required.	4
Parking	Equal score each location as parking close to either is a straightforward proposition	5	Equal score each location as parking close to either is a straightforward proposition	5
Existing services availability	Equal score as utility connections both overhead and underground readily available either location	3	Equal score as utility connections both overhead and underground readily available either location	3
Safety and risk management issues.	Location requires traffic management for access through the carpark	2	No issues identified	4
Links to Netball and Tennis Clubs	Will require a longer path of travel to Netball Club and a lit pathway connection required	3	Wil require a path but shorter distance of travel	4
Game viewing aspect-	Game viewing aspect-facing westerly sun to oval	2	Lesser effect by afternoon sun	3
Proximity to other users	Equal score each	3	Equal score each	3
Planning considerations	Positioned on a BVSC road reserve, furthermore it will also encroach on the Aslings Beach Crown Reserve, effectively straddling both the BVSC road reserve and the Crown Reserve. For construction in this location, action is required under the Roads Act 1993 to close the road, also as the building would encroach Crown Lands Reserve it would require additional planning processes involving Native Title Assessment and possible compulsory acquisition of the area to be built on. These processes add additional time and cost elements to the project.	2	Positioned on BVSC owned land and subject to none of the issues associated with other Option.	5
Future asset development potential	Located in a zone for possible future skatepark improvement/playground area.	2	There is no identified use for future recreation assets and while it will impact access to the northern end of the ground and adjacent area, it will be minor and not be detrimental to usage of the area.	3
Possible inundation and erosion	Equal score has exposure to possible future erosion risks, and future exposure to possible future inundation risks.	2	Equal score has exposure to possible future erosion risks, and future exposure to possible future inundation risks.	2
General buildability	Will require the removal of 2 or so mature trees due to the proximity to the new building and also excavation into the ground slope with resultant spoil disposal and retaining walls and drainage to suit, these works will come with some cost to the budget before the actual build costs are calculated.	2	A clear, flat site, with ample room to fit the proposed design with suitable transition between the pavilion & boundary fence, also the nature of the area provides for flexibility in relation to the final location should it be required.	3
Total		28		39

Community Engagement

Consultation undertaken

Monthly meetings are held with the Site Committee consisting of member representatives of the various involved clubs, these meetings are attended by Council officers and form the basis for continued community consultation to help progress the project, to provide input from their respective user views and raise any issues they see are in the best interests for the project.

During this process, a preliminary draft concept plan for the pavilion has been developed that is broadly acceptable to the Site Committee, hence the final site for the new pavilion needs to be decided upon to enable further project development. The Site Committee made written submissions in relation to the initial possible 4 pavilion locations, outlining the pros and cons for each Option. This resulted in 2 possible preferred locations as evaluated above.

Consultation Planned

As the project progresses towards a signed off concept for design finalisation, the Site Committee meetings will continue to be held to ensure the various users have a voice in the design development.

Once the concept design is approved, the Site Committee understands the further project development and execution will be subject to required open public tender process; however it is planned for Site Committee meetings to continue, to provide ongoing input and consultation on the project.

Council consideration of input

The report recommends Council consider the recommendations contained herein as it is the result of consultation with key stakeholders whom endorsed two (2) preferred options which have been further assessed objectively by Council officers.

The Site Committee understands this report forms part of the project delivery process and once the preferred location is resolved by Council, they are interested in moving forward on the project in a continuing collaborative manner.

Financial and resource considerations

Funding source		Amount
Stronger Country Communities Fund – Round 2	$	653,948
BVSC Contribution	$	185,000
Total Project Budget	$	839,000

Legal /Policy

Planning

The recommended Option 3 location is on BVSC owned reserve, DP 848111.

Option 2 would be located on a Council road reserve and will encroach on to Council managed Crown Reserve DP 75025. Action would be required under the Roads Act 1993 to close the road. As the building would encroach on Crown Lands Reserve, there would also be a requirement for additional planning processes involving Native Title Assessment and possible compulsory acquisition of the area to be built on, pending the outcome of a Native Title Assessment.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Upgrading the Barclay Street Eden facilities is part of the BVSC Delivery Program 2017-2021, Operational Plan 2019-2020 and is specifically listed in the Leisure and Recreation Asset Management Plan 2017.

Extracts from BVSC 2017-2021 Delivery Program and 2017-2018 Operational Plan:

CSP 2040 Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

CSP 2040 Goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council

CSP 2040 Goal 12: Our Council is financially sustainable, and services and facilities meet community need

Extract from Leisure and Recreation Asset Management Plan, 2017:

What we will do

Council plans to provide leisure and recreation services for the following:

· Operation, maintenance, renewal and upgrade of sporting facilities, playgrounds and skate parks, parkland areas, natural areas, aquatic facilities and minor maritime facilities to meet service levels set by Council in annual budgets within the 10 year planning period.

Key focus – what are the key items of focus for sporting facilities in the coming years

§ Improving playing surfaces across all Council owned or managed assets

§ Implementing Bega and Pambula Sporting Complex Master Plans

§ Upgrading facilities at the Barclay Street Sports Complex

Environmental / Sustainability

The recommended Option 3 site presents no ecological or biodiversity issues, Option 3 is located within an existing carpark

Any changes regarding energy and water use will be positive as the new pavilion replaces an existing facility.

The new design will incorporate energy efficient design including improved thermal qualities and Light Emitting Diode (LED) lighting.

Similarly, the new floodlights replace existing floodlights with new, energy efficient LED lights.

Risk

The risk associated with any delays to the final the location decision, is on the project delivery time frame and selecting a site and progressing with concept design development is critical to meeting the funding milestones.

Attachments

Nil

Council 28 August 2019

Item 11.4

11.4. Road Closure - Section of Council public road adjacent to Mumbulla School in Bega

Council has received an application from the Mumbulla School, Bega to close a section of surplus Council Public Road reserve adjoining their land which they currently hold under a Roads Act 1993 lease arrangement.

Director Assets and Operations

Officers Recommendation

1. That Council approve, in principle, the proposal received from the applicants for the closure of surplus Council public road reserve which adjoins their landholding being Lot 171 DP 1116817.

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

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

4. That if no objections are received Council, by notice published in the Government Gazette, formally close the subject, surplus public road reserve.

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

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

Executive Summary

The section of road reserve proposed for permanent road closure, being Lot 171 DP 1116817,is considered surplus to Council’s road network requirements. Council approval is sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) (Roads Act) as outlined in this report.

Background

A report was presented to Council’s Ordinary Meeting of 3 December 2014 requesting approval to renew a lease to the Mumbulla School for a portion of surplus public road reserve which they have held under a Roads Act lease arrangement since 2004. Council subsequently granted the Mumbulla School with a further five year lease of a 4,120m2 section of surplus road, which is due to expire on 30 April 2020.

The Mumbulla School have recently purchased land adjoining the western side of the road reserve and have submitted a Development Application (2019.35) to develop this land. They have made an application, to Council, to formally close the section of surplus public road reserve traversing through their land parcels, for the purpose of providing practical access between their land parcels on a permanent basis which will enable them to develop and expand the school without constraints due to the road.

The section of road reserve currently forms part of the school grounds and is used by the applicants for access between buildings. There is also playground equipment and a concrete disabled access pathway constructed within the road reserve proposed for closure. In addition, as part of the Community Title subdivision adjoining the Mumbulla School, this road reserve formed part of the flood free access to the site which will need to be maintained if the proposed road closure is approved and progressed.

Council officers have considered the permanent closing of the section of road reserve and sale to the adjoining landowner, and provided the infrastructure (water, sewer, stormwater and electricity) and access is maintained via formal easements, are supportive of the proposed closure. A status search of the road reserve has also been conducted to confirm the dedication as Council public road reserve.

A plan of the section of road reserve which is the subject of the permanent road closure application is shown below.

5127397

Options

The options available to Council are:

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

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

Community Engagement

Consultation undertaken

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

Consultation Planned

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

Council consideration of input

Council resolved to grant a five year lease to the applicant on 3 December 2014 for the section of road which is now the subject of the permanent road closure application.

Financial and resource considerations

In addition to these costs, the applicant will pay Council the current market value of the land as determined by an independent valuer. A valuation has been obtained by the applicants and is attached for the information of Councillors. The valuation provides a market value of $20,000 for the 4,120m2 portion of road reserve which is the subject of closure.

Legal /Policy

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

A plan of first title creation will be prepared and registered at Land Registry Services, with title transferred to the applicant upon payment of the agreed compensation. It has been identified there are several easements required to protect public infrastructure such as water, sewer, stormwater and electricity and a further easement for access prior to the section of road being permanently closed and transferred.

All costs associated with establishing the appropriate easements to the benefit of Council, Essential Energy and adjoining land owners will need to be registered on the title as part of this road closure and transfer process.

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

Part 4 Division 6 Section 43 of the Roads Act No 33 states the following:

43 Disposal of land comprising former public road owned by council

(1) This section applies to land vested in a council and forming part of a former public road.

(3) If the land is disposed of by sale, the proceeds of sale (less the costs of the sale) are to be paid to the council.

(4) Money received by a council from the proceeds of sale of the land is not to be used by the council except for acquiring land for public roads or for carrying out road work on public roads.

Attachments

1 ⇩. Council report dated 3 December 2014

2 ⇩. Valuation report for portion of road adjoining Mumbulla School

Council 28 August 2019

Item 11.5

11.5. Community Project Proposals

This report provides a summary of Community Project Proposals received between 3 May 2019 and 7 August 2019 for Council's information and consideration.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the report and the attached Community Project Proposal summary.

2. That the proposal for the installation of a memorial seat at Bruce Steer Pool, Bermagui is supported and installation coordinated with the Coastal Accessibility Plan for the site.

3. That the proposal for a Petanque Piste (Bocce) site at Spencer Park, Merimbula be given in principle support, subject to consultation with other user groups of the area, the court number and layout to be worked through with Council officers, and that it not impede future planning for the site.

4. That the proposal for a community oven and additions to playground equipment at the Quaama Memorial Park be provided in principle support, subject to risk management consideration and play equipment to suit local level scale.

5. That the proposal for a concrete pad to improve access at the Wolumla Recreation Ground be supported by Council including the provision of material costs.

6. That the proposal for a storage container at the Keith Mitchell Sportsground, Bega be deferred until the Valley Fields Masterplan is reviewed.

7. That the proposal for a memorial plaque on an existing seating at Kisses Lagoon, Bega is supported.

8. That the proposal to renew the Wolumla Recreation Ground cricket practice nets is supported by Council, subject to funding, with Bega Valley Shire Council contribution to be considered amongst other planned sporting asset renewals.

9. That the proposal for a concrete slab, bollards and plaque at the Candelo War Memorial is supported.

10. That the proposal for alterations and additions to the Berrambool Sporting Complex Skatepark be deferred and considered in conjunction with the other Merimbula Skatepark project noting the existing community project proposal being worked through by the Sapphire Coast Skate Committee.

11. That the proposal for a memorial plaque on the picnic table at Scenic Drive Reserve, Bermagui is supported.

12. That the proposal for a memorial plaque at Littleton Gardens is supported, including costs of plaque and installation.

13. That the proposal for a water fountain is supported in principle with further information to be supplied by the applicant regarding scope and water connection costs.

14. It is proposed that unless identified in Plans, asset registers or considered minor, Community Project Proposals be deferred for twelve months.

Executive Summary

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

Background

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

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

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

The period between 3 May 2019 and 7 August 2019 was busy for project proposal submissions, with twelve (12) submissions received. They are:

· Memorial seat for parents at Bruce Steer Swimming Pool, Bermagui - Errol Masterson.

· 15m x 9m pentaque/ boule/ bocce with timber edging at Spencer Park, Merimbula - Alliance Francaise de la Cote de Saphir.

· Installation of wood fire pizza oven, extension of shelter, implementation of community herb garden and addition of playground equipment at Quaama Memorial Park - Quaama Public School.

· Concrete pad at turn style gate at Wolumla Recreation Ground - Wolumla Football Club.

· Storage and service container at Keith Mitchell Sportsground, Bega - Sapphire Coast Hockey Club.

· Engraved plaque to wooden seat at Kisses Lagoon, Bega for volunteer of Animal Welfare League - Animal Welfare League NSW Far South Coast.

· Upgrade of practice cricket nets at Wolumla Recreation Ground - Wolumla Cricket Club.

· Concrete slab (8m x 3m) at front of memorial, bollards and a bronze plaque with campaigns and their participants at Candelo War Memorial - Candelo RSL Sub Branch.

· Rehabilitation and additions to the skatepark including lighting at Berrambool Sporting Complex - Pambula Merimbula Lions Club.

· Memorial plaque for son Craig Amos on existing table at Scenic Drive Reserve, Bermagui - Bruce and Nerresia Amos.

· Memorial plaque for Marshall Campbell on stone at Littleton Gardens Bega - BVSC Leisure and Recreation Department.

· Drinking Water Fountain at Bega River Reserve (near Old Bega Racecourse) – Sapphire Coast Runners.

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

Proposal Consideration and Assessment

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

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

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

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

· Project Scale. How large is the project?

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

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

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

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

Community Engagement

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

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

The CPP Procedure and Application Form are available on Council’s website.

Financial and resource considerations

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

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

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

It is difficult for Council officers to support projects that will lead to over provision or over servicing, even if a funding contribution is not being requested from Council.CPPs require completion of administrative tasks including assessing applications, follow up of further information and preparation of documentation for quarterly Council meetings. The administration, implementation and engagement required by Council officers is often unplanned and can draw focus away from core tasks. To manage CPPs has been calculated at 38 working days per year of Council officers’ contribution (based on 2018 CPP submissions). Considering the workload of the recreation and natural assets officers over the next twelve months, with more grant funded projects a possibility, it is suggested that unless proposals identified in Plans, asset register or considered minor, CPPs be deferred for twelve months. · Project costs and amounts requested from BVSC are included in the attached Summary Sheet.

Legal /Policy

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 Goals are:

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

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

Operational / Asset Management Plan

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

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

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

Environmental / Sustainability

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

Risk

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

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

· Project oversight and the need to gain relevant approvals and compliance.

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

· Possible shortfalls in proposal cost estimates.

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

Social / Cultural

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

Options

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

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

Attachments

1 ⇩. Community Project Proposal Summary Sheet

Council 28 August 2019

Item 11.6

11.6. Driftwood Village request to connect to Council's reticulated sewer

At its meeting of 27 April 2004 Council resolved to provide reticulated sewerage to Acacia Ponds (Acacia) and Kalorama Caravan Park (Driftwood) on a user-pays basis. This report seeks a Council Resolution regarding acceptance of a reduced financial contribution from Driftwood to allow connection of their premises to Council’s sewerage system.

Director Assets and Operations

Officer’s Recommendation

That Council reiterate its previously advised position in relation to contributions towards connecting Kalorama Caravan Park to Council’s Sewer network, being a capital contribution of $831,229 plus applicable Developer Contributions.

Executive Summary

Merimbula Lake has significant environmental value and supports vibrant aquaculture and tourism industries. Intensive development of Acacia and Driftwood land in the Millingandi area was historically constrained because of the inherent limitations of onsite sewage management.

Approximately 20 years ago Acacia and Driftwood developers approached Council seeking connection to the reticulated sewer system. At its meeting of 27 April 2004, Council resolved to provide in principle agreement for construction of reticulated sewerage on a user-pays basis.

On 30 June 2005 Council and Acacia executed a Heads of Agreement to allow construction of a reticulated sewerage system. At a later stage in the process, Driftwood representatives advised Council they would be unable to contribute to the construction costs. They are not currently connected to the sewerage system.

Representatives of the Driftwood company have expressed a renewed interest in a connection and have made a reduced offer of $500,000 as their contribution towards historical construction costs incurred by Council.

Background

On 27 April 2004 Council resolved to build a sewer pump station and rising main to allow Acacia and Driftwood to connect to sewerage and enable further development. (Attachment 1)

The parks were to contribute, on a user pays basis, towards the tendered construction cost of the sewer pump station and rising main with Section 64 contributions to be apportioned across the two properties, based on current and potential development. It should be noted the Section 64 charges are not relevant to this report due to recent policy changes.

On 30 September 2010, Acacia signed a Heads of Agreement (Attachment 2) and paid both Section 64 and construction contributions to Council. On 4 March 2011 Driftwood withdrew their interest in a connection in association with a withdrawal of a Development Application. (Attachment 3)

Council engaged contractors, Poonindie Pty Ltd (Attachment 4), to build the sewer pump station and rising main for $1.7 million based on the maximum capacity both parks would place on the system with future possible development. The works were completed in 2011.

On 17 March 2011 representatives from Driftwood met with Council officers to discuss options to connect. On 4 April 2011 Council’s General Manager advised Driftwood of an agreeable reduced contribution proposal for construction costs and Section 64 contributions. (Attachment 5)

On 12 March 2019, representatives of Driftwood again approached Council with a commercial offer for connection to the sewer system. (Attachment 6) It should be noted the offer is significantly lower than the original apportioned contribution cost as detailed in Council’s letter of 4 April 2011.

Options

The following options are available for Council consideration

· Accept the $500,000 offer.

· Reject the $500,000 offer and advise Driftwood the terms of the 4 April 2011 letter still apply.

· Reject the $500,000 offer and seek a revised increased offer from Driftwood.

Financial and resource considerations

Construction works have been completed for a tendered sum of $1.7 million. Connection of Driftwood would allow some recouping of the capital funds expended.

Legal /Policy

The construction of the pump station and rising main, resulted in Council involvement in private sector developer works. This is not a policy position that would be supported by Council unless there is extenuating circumstances, noting in this case the importance of protecting the integrity of the Merimbula Lake.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The constructed works benefit two private entities and have little strategic alignment with Council core business in Sewerage Services although it should be noted that having one consolidated sewerage system rather than onsite solutions does have potential to minimise environmental failure points.

Environmental / Sustainability

The pump station and rising main works have allowed development in Millingandi to take place in an environmentally sustainable manner. By having the existing development connected to the reticulated sewer system, that has capacity to cater for that demand, it is likely that environmental risks will be reduced.

Economic

The constructed works provided direct economic benefit to the Acacia and Driftwood developments. Aquaculture and tourism industries are indirect economic beneficiaries.

Risk

Currently, Council would not ordinarily enter into arrangements with developers to facilitate infrastructure construction supporting their development, unless identified in an adopted servicing strategy. It should be noted that consideration of this report relates to historical decisions of Council, and it would not be recommended that Council consider entering into any similar arrangements for new infrastructure.

Given that the existing system has the capacity to take the proposed loads, it is not expected there would be any infrastructure related issues, should Council support connection of the Driftwood development.

Attachments

1 ⇩. 2011.04.04 Peter Tegart letter to Driftwood Village Pty Ltd

2 ⇩. 2004.04.27 Council meeting resolution report Driftwood Village

3 ⇩. 2010.09.21 Council Report, Stringybark Place Sewage Pump Station_WRS

4 ⇩. 2010.09.21 Council report tender acceptance Stringybark sewer

5 ⇩. 2005.06.28 Executed heads of agreement between BVSC and Tanay P/L trading as Acacia Ponds caravan park

6 ⇩. 2007.04.04 Signed deed of agreement sewerage services Acacia Ponds and Kalorama caravan parks

Council 28 August 2019

Item 11.7

11.7. Merimbula Wharf Public Toilet Facility

The purpose of this report is to seek Council approval to increase the annual contribution provided to the Merimbula Aquarium and Wharf Restaurant and enter into a formal agreement for the management and operation of the Merimbula Wharf public toilet facility.

Director Assets and Operations

Officer’s Recommendation

1. That Council enter into a formal Deed of Agreement, with the Lessee of Merimbula Aquarium and Wharf Restaurant, for the maintenance and operation of the public toilet facility located within Crown Lease area 1987/3 Lot 475 DP 728039, noting the final Deed details might be modified.

2. That Council agree to increase the annual contribution provided to the Merimbula Aquarium Pty Ltd to $2,000 (plus GST) per annum reviewed, annually, by CPI.

3. That Council authorise the Mayor and General Manager to execute the necessary documentation.

Executive Summary

Council resolved, on 16 December 2015, to enter into a formal Deed of Agreement with the lessee of Merimbula Aquarium and Wharf Restaurant for the maintenance and operation of the public toilet facility located within their Crown Lease 1987/3 Lot 475 DP 728039. To date, Council officers have not received an executed copy of the Deed despite multiple requests. Officers have now received a request from the Lessee for a review of the contribution amount originally endorsed by Councillors, therefore prompting a further report back to Council.

Background

This matter was originally reported to Council’s Ordinary Meeting of 16 December 2015, where Council resolved as follows:

1. That Council enter into a formal Deed of Agreement with Merimbula Aquarium Pty Ltd for the maintenance and operation of the public toilet facility, located on Lot 475 DP 728039 and within Crown lease area 1987/3.

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

A copy of the report of 2015 is attached for the information of Councillors. The report identified that the public toilet facility located within Crown Lease 1987/3 is owned by Council but connected to a private sewer pump station and associated gravity and pressure sewer pipes owned by the Lessee of Merimbula Aquarium and Wharf Restaurant, and uses their power supply. Council and the Lessee have had an agreement in place whereby Council supply management services to maintain and operate the public toilet facility and provide an annual contribution to Merimbula Aquarium and Wharf Restaurant for the use of their infrastructure and power supply.

Historically, the agreed annual contribution amount has been $1,100 inclusive of GST however Officers have received a request from the Lessee to increase this amount to $2,000, plus GST, increased by CPI each year.

Options

The main options available to Council are:

1. Enter into a formal Deed of Agreement with the Lessee of Merimbula Aquarium and Wharf Restaurant for the maintenance and operation of the public toilet facility located within Crown Lease area 1987/3 Lot 475 DP 728039 with an annual contribution of $2,000 plus GST reviewed annually by CPI; OR

2. Enter into a formal Deed of Agreement with the Lessees of Merimbula Aquarium and Wharf Restaurant for the maintenance and operation of the public toilet facility located within Crown Lease area 1987/3 Lot 475 DP 728039 for the original agreed contribution amount of $1,100 inclusive of GST. Noting the Lessee of Merimbula Aquarium and Wharf Restaurant may decline this offer and cease the maintenance and operation of the public toilet facility they provide, i.e. use of their sewer pump station and associated gravity and pressure sewer pipes and electricity; OR

3. Decommission the public toilet facility; OR

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

Community Engagement

Consultation undertaken

Prior to the report going to Council in December 2015, officers had undertaken consultation with the Lessee of Merimbula Aquarium and Wharf Restaurant who were supportive of a formal agreement being put in place for the management of the public toilet facility located within their Crown lease area. Following the Resolution of Council, officers have been liaising with the Lessee to have the Deed signed and the most recent correspondence requested review of the contribution amount prompting a further report to Council.

Financial and resource considerations

Council originally agreed to provide an annual contribution of $1,100 including GST towards the use of the Lessee’s private sewer pump station, associated gravity and pressure sewer pipes as well as their power supply. The last invoice received from the Lessee is dated 23 June 2016 for fees up to June 2016. This invoice was paid on 3 August 2016.

No invoices have been received since this date and Property officers have recently received a request to have the annual contribution amount increased to $2,000 plus GST reviewed annually by CPI.

The public toilet facility within the Merimbula Wharf lease area is currently funded under the Public Amenities budget.

Legal /Policy

Council’s external legal providers have been engaged previously to prepare the attached draft Deed of Agreement for the public toilet facility. The original Deed has now been updated to reflect the requested change in contribution.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There is a risk this facility may not be available to the public should the Deed of Agreement not be entered into. As the facility currently operates using infrastructure and services owned by the Lessee of Merimbula Aquarium and Wharf Restaurant, Council would need to outlay significant costs to keep this facility operating if an agreement cannot be reached.

Attachments

1 ⇩. Council report dated 16 December 2015 regarding Merimbula Wharf Public Toilet

2 ⇩. Draft Deed of Agreement for Management of Merimbula Wharf Toilet Facility

Council 28 August 2019

Item 11.8

11.8. Former Hotel Australasia

This report provides details of negotiations for the proposed sale of 142 – 144 Imlay Street, Eden (the former Hotel Australasia) and outlines the option for use of the top floor for a community purpose.

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report and Confidential Memorandum.

2. That Council consider the offer detailed in the attached Confidential Memorandum and resolve accordingly.

3. That all closed session reports relating to this matter be released on settlement if Council resolves to progress to divestment of the site.

Executive Summary

This report discusses the sale negotiations undertaken for 142 – 144 Imlay Street, Eden (former Hotel Australasia) and provides detail on the option for use of the top floor for a community purpose, should Council resolve to take up that offer from the offeree.

Background

Council resolved, at its Confidential Closed Session Meeting of 8 May 2019, when considering its position on the sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) to continue with sale negotiations with the proposed purchaser. The Resolution from the Confidential Closed Session Meeting of 8 May 2019 is as follows:

1. That Council delegate the Mayor and General Manager to negotiate a draft deed with the offeree for the sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) on the basis of the previous deed of sale with the following additional items to be included:

· The sale price as offered

· The option for use of the top floor for a community purpose for a token agreed rent for 10 years (commencing at the time of occupation), with an option to extend, and with fit out to be at the occupant’s cost with a suitable and compliant building shell to be provided by the offeree

· The previous deed be modified to potentially accommodate both vehicular and pedestrian access on the existing laneway

2. That Council does not support a contribution towards access to the upper floor

3. That should these terms be acceptable to the offeree Council initiates a feasibility study and community engagement process to determine an appropriate community use of the top floor of the building.

As a result, the General Manager, Mayor and Council representatives met with the Real Estate Agent and proposed purchaser to discuss their proposal for the site and further negotiate the offer presented in consideration of the additional items included in the above Resolution. The attached Confidential Memorandum provides the detail of all negotiations for the information of Councillors.

Options

The options available to Council are:

1. Continue to proceed with the sale of the property and accept the recommendation provided by Council officers in the attached Confidential Memorandum and resolve accordingly.

2. Decline to accept the offer received and advise the Real Estate Agent and offeree of Council’s decision and await further offers.

3. Retain ownership of 142 – 144 Imlay Street, Eden (former Hotel Australasia). Note: retaining ownership of the property will require the identification of funds to undertake necessary works on the building, ongoing maintenance and operational budgets. A revised Business Plan on the use of the building and community engagement would also be required.

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

Community Engagement

Consultation undertaken

Ongoing consultation has been undertaken by Council officers with the Eden Real Estate Agent and offeree as detailed in the attached Confidential Memorandum.

Financial and resource considerations

All options will have additional financial and resource implications. A sale option will include additional officers' time and resources as well as the possible engagement of third parties and legal costs. Costs involved in the proposed disposal of land will be offset against the proceeds of sale.

To maintain ownership of this site will require the preparation of an updated Business Plan, Council officers' time and resources, capital expenditure and ongoing operational and maintenance budgets to be sourced. This option may result in an income stream being generated, in the future, depending on usage.

Legal /Policy

Under the Local Government Act 1993 (NSW) (the Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. Section 377(1)(h) of the Act requires a specific Resolution of Council to dispose of any land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

In determining its direction, Council should consider several risks associated with this matter including, but not limited to:

· Reputational risk in relation to the length of time taken on this matter, and the community's view on how Council is handling the matter;

· Financial risk in relation to the ongoing liabilities related to building management whilst in Council ownership; the cost of undertaking the sale process; and future costs to undertake major works, should the building stay in Council ownership.

Confidential Information

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

· Section 10A of the Local Government Act 1993 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 1993 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,

In addition to the relevant Act references above, the following also applies:

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

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 4 of the table referred to above states:

(4) Business interests of agencies and other persons

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) undermine competitive neutrality in connection with any functions of an agency in respect of which it competes with any person or otherwise place an agency at a competitive advantage or disadvantage in any market,

(b) reveal commercial-in-confidence provisions of a government contract,

(c) diminish the competitive commercial value of any information to any person,

(d) prejudice any person’s legitimate business, commercial, professional or financial interests,

(e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed).

Attachments

1. Confidential memorandum regarding proposed divestment of Hotel Australasia (Confidential - As this attachment contains 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 as per Section 10A(2)(d) of the Local Government Act 1993.

2. Proposal from offeree regarding proposed purchase of Australasia Hotel Eden (Confidential - As this attachment contains 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 as per Section 10A(2)(d) of the Local Government Act 1993.

Council 28 August 2019

Item 11.10

11.10. 2019 Local Roads Congress

This report provides Council with an overview of the 2019 NSW Local Roads Congress and recommends that Council promote the outcomes from the Communique.

Director Assets and Operations

Officer’s Recommendation

1. That the Report on the 2019 NSW Local Roads Congress be received and noted.

2. That Council formally endorse the Congress Communique.

3. That Council write to the following State and Federal Government Members highlighting the issues raised at the 2019 NSW Local Roads Congress and seeking their support:

a. The Hon Andrew Constance MP, NSW Minister for Transport and Roads and Member for Bega

b. The Hon Gladys Berejiklian MP, Premier of NSW

c. The Hon John Barilaro MP, Deputy Premier of NSW

d. The Hon Shelley Hancock MP, NSW Minister for Local Government

e. The Hon Mike Kelly MP, Federal Member for Eden-Monaro

f. The Hon Michael McCormack MP, Deputy Prime Minister and Federal Minister for Infrastructure, Transport and Regional Development.

Background

The NSW Roads and Transport Directorate, a partnership between the Institute of Public Works Engineering Australia (IPWEA) and Local Government NSW, held the 2019 NSW Local Roads Congress in Sydney on 3 June 2019. The Congress recognised the critical role of Local Government, as a provider of local and regional transport infrastructure, in partnership with the NSW and Australian (Federal) Governments. The Congress calls for immediate and ongoing action from all levels of Government to address the unacceptable level of fatalities, serious injuries and road related trauma on our road network, with specific attention to the local road network.

Council was represented at the congress by Council’s Manager of Strategic Asset Services.

Considerations

The NSW Roads Congress provides a forum for Mayors, Councillors, Administrators, General Managers and senior Engineering staff to liaise with Ministers and senior NSW Government staff to discuss issues in the Roads and Transport portfolio. It is a once a year opportunity to come together under a Local Government banner, to debate solutions and advocate for additional road funding, as well as hearing the latest developments and issues in roads and transport.

Warren Sharpe OAM, as President on behalf of IPWEA (NSW) welcomed the delegates to the Congress, followed by Cr Linda Scott, President of Local Government NSW, with the opening address.

The keynote address to the Congress was delivered by The Hon Paul Toole MP, NSW Minister for Regional Transport and Roads.

The Congress Program (attached) consisted of the following topics:

1. Network Resourcing

2. Roads – Risk and Regulation

3. Roads and Transport.

The keynote dinner speaker was William Peters, Public Affairs Manager, Lime APAC.

A key outcome of the Congress is the production of the Congress Communique. This Communique represents a summary of the collective views of Local Government and guides the advocacy activities of the NSW Roads and Transport Directorate and Local Government NSW over the coming year. A copy of the Congress Communique is attached.

The 2019 Local Roads Congress Communique focuses on:

· Road Funding

· Road Safety

· Heavy Vehicles and Freight Task

· Roads Maintenance and Council Contracts

· Disruptive Transport Technology.

The Communique lists a number of actions and calls on NSW Councils, the NSW Government and the Federal Government to deliver on the points raised. The Congress Communique has already been provided to, and discussed with, Infrastructure Australia by IPWEA NSW.

NSW delegates will put forward the NSW Communique at the National Local Roads and Transport Congress in Adelaide, in November this year.

These outcomes will also be discussed with the South East Australian Transport Strategy Inc (SEATS) at their next meeting to be hosted by East Gippsland Shire Council, Victoria, on 15-16 August 2019.

Conclusion

The issues identified at the NSW Local Roads Congress are applicable to all Councils across NSW including Bega Valley Shire Council.

Council should formally support the outcomes as outlined in the Congress Communique and lobby Government to address the issues identified for the benefit of our own local community and the NSW and Australian economy.

Attachments

1 ⇩. 2019 Local Roads Congress Program

2 ⇩. 2019 Local Roads Congress Communique Final

Council 28 August 2019

Item 12.1

12.1. Draft Submission to NSW Government - review of the local government rating system

The Minister for Local Government has released the IPART Review of the Local Government Rating System and submissions from Councils are due to be submitted into the online portal by 13 September 2019.

General Manager

Officer’s Recommendation

That Council note the responses that will be included in a submission from Council on the recommendations outlined in the Final Report by IPART - Review of the Local Government Rating System.

Executive Summary

In 2015 the NSW Government established terms of reference for IPART, requesting that IPART undertake a review of the Local Government Rating System in NSW. The review only considers rates included in the Council’s general income. Public Hearings were held, and Council provided a submission to the initial issues paper in 2016 and the subsequent draft report. IPART presented the final report to Government in December 2016.

The Minister for Local Government has released the final report for comment and submissions with a closing date of 13 September 2019. The submissions are made via an online portal.

The report includes proposed responses to the 42 Recommendations and several additional comments.

Background
The Review report can be found at https://www.olg.nsw.gov.au/sites/default/files/LGAT/IPART%20-%20Final%20Report%20%E2%80%93%20LG%20Rating%20System.pdf

The report outlines the terms of reference of the review, the current rating system in NSW, key tax principles, a summary of Findings and Recommendations relating to:

· Use of capital improved value as a valuation method to levy council rates;

· Allowing councils’ general income to grow as the communities they serve grow;

· Giving councils greater flexibility when setting residential rates;

· rate exemption eligibility;

· assistance for pensioners;

· provision of more rating categories;

· recovery of council rates; and

· other.

Response to the Review Recommendation

The Recommendations are listed in the table below with brief comments relating to each which would form the submission input to the online portal.

Use the Capital Improvement Value (CIV) valuation method to levy local council rates

1. The Local Government Act 1993 (NSW) should be amended to mandate the CIV as the basis for setting ad valorem rates in the metropolitan council areas defined in Box 3.1. COMMENT: Agree.

2. The Local Government Act 1993 (NSW) should be amended to allow non-metropolitan councils to choose between the CIV and Unimproved Value (UV) methods as the basis for setting ad valorem rates at the rating category level. COMMENT: Agree, this allows Councils to consider their properties and the concept of CIV being able to apply to rating categories of geographical areas is also supported.

3. The Local Government Act 1993 (NSW) should be amended to facilitate a gradual transition of rates to a CIV method.

a. The amount of rates that any ratepayer is liable to pay to the council should increase by no more than 10 percentage points above the rate peg (as adjusted for Special Variations) each year as a result of a council adopting a CIV method for setting rates. Councils could apply to IPART to exceed this 10% limit.

COMMENT: Agree, it will take time to ensure staff are trained and supported and systems are in place to make the transition.

4. Section 497 of the Local Government Act 1993 (NSW) should be amended to remove minimum amounts from the structure of a rate, and section 548 of the Local Government Act 1993 (NSW) should be removed. COMMENT: Agree. Bega Valley does not need a minimum rate and believes the base rate amount can accommodate the objective of a minimum rate.

Allow councils' general income to grow as the communities they serve grow

5. The Local Government Act 1993 (NSW) should be amended so that the growth in rates revenue outside the rate peg is calculated using the formula based on changes in CIV, defined in Box 4.1.

a. For non-metropolitan councils, this formula would be independent of the valuation method chosen as the basis for setting ad valorem rates.

COMMENT: Agree. Comment also needs to be made that the Local Government Cost Index (LGCI) should be amended to allow for a metropolitan and a regional/rural input to a differential rate peg. This approach and framework was presented in Council’s 2016 submission.

6. The NSW Government fund the NSW Valuer General for the upfront cost of establishing the database to determine CIV. COMMENT: Agree.

7. The NSW Government fund the cost for a non-metropolitan council to set up a CIV database for the purposes of implementing our recommended formula for calculating growth in rates revenue outside the rate peg, where the UV method for setting rates is maintained. COMMENT: Agree.

8. The Local Government Act 1993 (NSW) should be amended to allow councils to levy a new type of special rate for new infrastructure jointly funded with other levels of Government. This special rate should be permitted for services or infrastructure that benefit the community, and funds raised under this special rate should not:

a. form part of a council’s general income permitted under the rate peg, nor

b. require councils to receive regulatory approval from IPART.

COMMENT: Strongly agree. This approach should also be applied to any additional impost from a State requirement such as the Emergency Services Levy which would in the current model require funding from the existing general rate yield.

9. Section 511 of the Local Government Act 1993 (NSW) should be amended to reflect that, where a council does not apply the full percentage increase of the rate peg (or any applicable Special Variation) in a year, within the following 10-year period, the council can set rates in a subsequent year to return it to the original rating trajectory for that subsequent year. COMMENT: Agree.

Give councils greater flexibility when setting residential rates

10. The Local Government Act 1993 (NSW) should be amended to remove the requirement to equalise residential rates by ‘centre of population’. Instead, the Local Government Act 1993 (NSW) should allow councils to determine a residential subcategory, and set a residential rate, by: separate town or village, or residential area.
COMMENT: The opportunity to establish a category for properties utilised for tourism activity eg bed and breakfast, holiday letting, short stays should also be allowable. The current short term rental accommodation regulatory framework discussion paper if implemented in relation to registers would provide a basis for including this approach.

11. The Local Government Act 1993 (NSW) should outline that: A ‘residential area’ is an area within a contiguous urban locality that has, on average, different access to, demand for, or costs of providing council services or infrastructure (relative to other areas in that locality). Councils could use geographic markers to define the boundaries for a residential area, including postcode boundaries, suburb boundaries, geographic features (eg, waterways, bushland) and/or the location of major infrastructure (eg, arterial roads, railway lines).
COMMENT: In relation to this point the inclusion of a descriptor that refers to “provides tourism related services” should be included.

12. The Local Government Act 1993 (NSW) should be amended so, where a council uses different residential rates within a contiguous urban locality, it should be required to: ensure the highest rate structure is no more than 1.5 times the average rate structure across all residential subcategories (ie, so the maximum difference between the highest and average ad valorem rates and base amounts is 50%), or obtain approval from IPART to exceed this maximum difference, and publish the different rates (along with the reasons for the different rates) on its website and in the rates notice received by ratepayers. COMMENT: Agree.

13. At the end of the 4-year rate path freeze, new councils determine whether any pre-merger areas are separate towns or villages, or different residential areas.

a. In the event that a new council determines they are separate towns or villages, or different residential areas, it should be able to continue the existing rates or set different rates for these pre-merger areas, subject to metropolitan councils seeking IPART approval if they exceed the 50% maximum differential. It could also choose to equalise rates across the pre-merger areas, using the gradual equalisation process outlined below.

b. In the event that a new council determines they are not separate towns or villages, or different residential areas, or it chooses to equalise rates, it should undertake a gradual equalisation of residential rates. The amount of rates a resident is liable to pay to the council should increase by no more than 10 percentage points above the rate peg (as adjusted for Special Variations) each year as a result of this equalisation. The Local Government Act 1993 (NSW) should be amended to facilitate this gradual equalisation.

COMMENT: Not applicable as not merged.

Better target rate exemption eligibility

14. Sections 555 and 556 of the Local Government Act 1993 NSW should be amended to:

a. exempt land on the basis of use rather than ownership, and to directly link the exemption to the use of the land, and

b. ensure land used for residential and commercial purposes is rateable unless explicitly exempted.

COMMENT: Agree is consistent with Council’s 2016 submission.

15. Land that is used for residential care as defined in Section 41-3(1) of the Aged Care Act 1997 (Cth) be proportionally rateable according to the share of places whose maximum Refundable Accommodation Deposit is above the level set by the Minister for Health and Aged Care (currently $550,000). COMMENT: Agree.

16. Section 556(1)(i) of the Local Government Act 1993 (NSW) should be amended to include land owned by a private hospital and used for that purpose. COMMENT: Agree.

17. The following exemptions be removed:

a. land that is vested in, owned by, or within a special or controlled area for, the Hunter Water Corporation, Water NSW or the Sydney Water Corporation (Local Government Act 1993 (NSW) section 555(1)(c) and section 555(1)(d))

b. land that is below the high water mark and is used for the cultivation of oysters (Local Government Act 1993 (NSW) section 555(1)(h))

c. land that is held under a lease from the Crown for private purposes and is the subject of a mineral claim (Local Government Act 1993 (NSW) section 556(1)(g)), and

d. land that is managed by the Teacher Housing Authority and on which a house is erected (Local Government Act 1993 (NSW) section 556(1)(p)).

COMMENT : In relation to sub point (b) Council does not support this exemption, as outlined in the submission of 2016. Council notes that its’ comments to the review are noted in the Final Report at page 114. Whilst the report recommends rating there is capacity for councils to set a differential rating system to oyster leases if justified.

If rating for oysters leases is included consideration should also be given to including State Forests and National Parks where commercial activity is undertaken.

18. Section 555(1)(b1) of the Local Government Act 1993 (NSW) should be amended to remove the current rating exemption for land that is the subject of a conservation agreement and instead require it to be rated using the Environmental Land category. COMMENT: Agree.

19. The following exemptions not be funded by local councils and hence should be removed from the Local Government Act and Regulation:

a. land that is vested in the Sydney Cricket and Sports Ground Trust (Local Government Act 1993 (NSW) section 556(1)(m))

b. land that is leased by the Royal Agricultural Society in the Homebush Bay area (Local Government (General) Regulation 2005 reg 123(a))

c. land that is occupied by the Museum of Contemporary Art Limited (Local Government (General) Regulation 2005 reg 123(b)), and

d. land comprising the site known as Museum of Sydney (Local Government (General) Regulation 2005 reg 123(c)).

The NSW Government should consider whether to fund these local rates through State taxes.

COMMENT: Not applicable.

20. Where a portion of land is used for an exempt purpose and the remainder for a non-exempt activity, only the former portion should be exempt, and the remainder should be rateable. COMMENT: Agree.

21. Where land is used for an exempt purpose only part of the time, a self-assessment process should be used to determine the proportion of rates payable for the non-exempt use. COMMENT: This recommendation needs a definition of self-assessment.

22. A council’s maximum general income not be modified as a result of any changes to exemptions from implementing our recommendations. COMMENT: Disagree, this should be included in the annual catch up amount.

23. A council may apply to IPART for a Special Variation to take account of the changes in exemptions using a streamlined process in the year that our recommended exemption changes come into force. The council would need to demonstrate:

a. It satisfies the first criteria for Special Variation applications in the OLG guidelines relating to the need for and purpose of a different revenue path for the council’s General Fund, and

b. that any subcategory rating structure applied to previously exempt properties is no greater than the average rate structure across the relevant rating category.

COMMENT: Agree.

24. The Local Government Act 1993 (NSW) should be amended to remove the current exemptions from water and sewerage special charges in section 555 and instead allow councils discretion to exempt these properties from water and sewerage special rates in a similar manner as occurs under section 558(1). COMMENT: Agree.

25. At the start of each rating period, councils calculate the estimated value of rating exemptions within the council area. This information should be published in the council’s Annual Report or otherwise made available to the public. COMMENT: Agree particularly if this is not covered in the Council’s catch up.

Improve assistance for pensioners

26. For new and existing eligible pensioners, introduce a rate deferral scheme operated by the NSW Government, where:

a. Eligible pensioners would be allowed to defer payment of ordinary council rates up to $1,000 per annum and indexed to CPI, or any other amount as determined by the NSW Government.

COMMENT: Council’s position is that assistance to pensioners should be increased however Council (and other ratepayers) should not bear the burden. This option maximises the cash flow relief to pensioners and minimises costs to Council and therefore other ratepayers. It would potentially hold as a debt against the property which has impacts that would need to be addressed. Council would still strongly support a pensioner concession scheme fully funded by the NSW Government. This model would free up 45% of the current pensioner rebate funded by Council.

27. Give existing eligible pensioners the option to access, either:

a. the current pensioner concession, or

b. the rate deferral scheme, as defined in Recommendation 26.

COMMENT: In relation to (a) Council support this system being fully funded by the NSW Government. As above in relation to (b) the amount of $1,000 per annum indexed by CPI has merit however there are considerable details to finalise.

28. Funding pensioner assistance:

a. The current pensioner concession funding arrangements would continue.

b. The rate deferral scheme (defined in Recommendation 26) would be funded by the NSW Government. The loan should be charged interest at the NSW Government’s 10-year borrowing rate, and could become due when property ownership changes.

COMMENT: Disagree, the funding arrangement should be totally reviewed and the full commitment funded by the State as in other State jurisdictions.

Provide more rating categories

29. Section 493 of the Local Government Act 1993 (NSW) should be amended to add a new environmental land category and a definition of ‘environmental land’ should be included in the Local Government Act 1993 (NSW).

a. Land subject to a state conservation agreement is categorised as ‘environmental land’ for the purposes of setting rates.

COMMENT: Agree.

30. Section 529(2)(d) of the Local Government Act 1993 (NSW) should be amended to allow business land to be subcategorised as ‘industrial’ and or ‘commercial’ in addition to centre of activity. COMMENT: A tourism category should also be considered.

31. Sections 493, 519 and 529 of the Local Government Act 1993 (NSW) should be amended to add an optional vacant land subcategory for residential, business and mining land. COMMENT: Agree, as long as it is optional.

32. Section 529 (2)(a) of the Local Government Act 1993 (NSW) should be replaced to allow farmland subcategories to be determined based on geographic location. COMMENT: Agree.

33. Section 518 of the Local Government Act 1993 (NSW) should be amended to reflect that a council may determine by resolution which rating category will act as the residual category.

a. The residual category that is determined should not be subject to change for a 4-year period.

b. If a council does not determine a residual category, the business category should act as the default residual rating category.

COMMENT: Agree.

34. Any difference in the rate charged by a council to a mining category compared to its average business rate should primarily reflect differences in the council’s costs of providing services to the mining properties. COMMENT: Agree.

Recovery of council rates

35. Councils have the option to engage the State Debt Recovery Office to recover outstanding council rates and charges. COMMENT: Agree.

36. The existing legal and administrative process to recover outstanding rates be streamlined by reducing the period of time before a property can be sold to recover rates from five years to three years. COMMENT: Agree.

37. All councils adopt an internal review policy, to assist those who are late in paying rates, before commencing legal proceedings to recover unpaid rates. COMMENT: Agree.

38. The Local Government Act 1993 (NSW) should be amended or the OLG should issue guidelines to clarify that councils can offer flexible payment options to ratepayers. COMMENT: Agree.

39. The Local Government Act 1993 (NSW) should be amended to allow councils to offer a discount to ratepayers who elect to receive rates notices in electronic formats, eg, via email. COMMENT: Disagree, there is already considerably high take up on this and retrospectivity would be difficult to apply. It is difficult to be equitable when a considerable number of the Shire’s residents do not have access to this technology.

40. The Local Government Act 1993 (NSW) should be amended to remove section 585 and section 595, so that ratepayers are not permitted to postpone rates as a result of land rezoning, and councils are not required to write-off postponed rates after five years. COMMENT: Agree.

Other recommendations

41. The valuation base date for the Emergency Services Property Levy and council rates be aligned.

a. The NSW Government should levy the Emergency Services Property Levy on a Capital Improved Value basis when Capital Improved Value data becomes available state-wide.

COMMENT: Agree an update in the proposed implementation of this should be workshopped with the local government sector.

42. After the NSW Valuer General has established the database to determine Capital Improved Values for rating purposes (see Recommendation 3), councils be given the choice to directly buy valuation services from private valuers that have been certified by the NSW Valuer General. COMMENT: Agree.

Other Comments:

· The OLG should work with the sector to increase the Council capacity to work in the rating and valuations system particularly with the introduction of a CIV model.

· The total general rate income for a council should be increased by the amount of any impost/cost shift from the State Government, for example the impost of the emergency services levy amount, which should not be expected to be raised from existing general rate income but be an additional amount added to the general rate income.

· The capacity to raise special levies for council specific activities should be established.

· The Local Government Cost Index as applied to determining the rate peg should be reviewed and the introduction of a metropolitan rate peg, regional and rural rate pegs explored.

· The pensioner concession amount returned to Councils should be increased in line with other States.

Options

Council can resolve to lodge the comments in a submission, amend the comments, or resolve not to lodge a submission.

Community Engagement

The IPART report is available online and submissions are able to be made by Councils, individuals or other groups.Legal /Policy

The system that determines how council’s rates are currently calculated is set out in the Local Government Act 1993. The review only considers ordinary rates, special rates and specified annual charges. It does not cover charges for water and sewerage.

Attachments

Nil

Council 28 August 2019

Item 13.1

13.1. Establishment of a Community Disaster Relief Fund

This report seeks to establish an ongoing Community Disaster Relief Fund for the Bega Valley and offers an opportunity to do this through entering into a Memorandum of Understanding with the Social Justice Advocates of the Sapphire Coast.

General Manager

Officer’s Recommendation

1. That Council endorse the proposed establishment of a Community Disaster Relief Fund

2. That Council enter into a Memorandum of Understanding with the Social Justice Advocates of the Sapphire Coast to establish an ongoing Community Disaster Relief Fund.

3. That Council nominate the Mayor and an alternative representative to represent Council on the Management Committee of the Community Disaster Relief Fund.

Executive Summary

Council established a Mayoral Fund following the Tathra and District Bushfire. This Fund had tax deductibility and approval to operate for two (2) years.

Following a further fire in August and September 2019 (the Yankees Gap Fire) there have been requests for Council to look at establishing an ongoing Fund to assist residents when directly impacted by natural disasters.

Background

At its meeting on 13 March 2019 Council resolved on a Notice of Motion:

That Council staff include in a report to Council:

· The steps required to establish a charitable fund to be known as the Bega Valley Shire Community Disaster Relief Fund, to operate in perpetuity with the purpose of providing financial assistance to residents and ratepayers whose homes and/or personal effects are destroyed or damaged by natural disasters within the Bega Valley Shire, such as bushfires or floods, regardless of whether applicants for assistance have insurance.

· How Deductible Gift Recipient (DGR) status for such a fund from the Australian Taxation Office (ATO) could be achieved.

· Establishment of a Committee to oversee the activities of the Fund, with the Committee to be chaired by the Mayor from time-to-time and with representatives to be drawn from both Council management and the community, but with the majority of representative to be from the community.

· Operating rules for the Committee to guide its operations.

· Promotion and advertising the creation of the Fund so as to encourage public awareness and support for its activities, and to encourage donations from business and government, as well as members of the public, to underwrite those activities on an ongoing basis.

Immediately following the Tathra and District Bushfire of 18 March 2018, Council established a Mayoral Appeal Fund, with Tax Deductable Charity Status, to support those impacted by the event. On advice from the NSW Department of Justice, Office of Emergency Management and the Australian Taxation Office, it became clear this process had become more challenging than had been the case when Council last undertook a similar task. New legislation around charities and tax deductibility of donations required the establishment of the Mayoral Fund to be very narrow in focus and be established for a limited period of two (2) years, where funds can only be utilised in response to the designated natural disaster event.

Following the Tathra District Bushfires, the Shire was impacted by a second significant bushfire near Bemboka (the Yankees Gap Fire) which burned for nearly seven weeks. Unfortunately, the impacts of this bushfire did not meet the Natural Disaster Declaration threshold for either the State or Federal Government, and a tax deductable charity could not be established under the relevant Australian Tax Office legislation. This gap highlighted the need to investigate potentially establishing an ongoing Community Disaster Relief Fund, that would provide tax deductibility to donors, through an alternate means.

The additional workload and costs of Council managing and administering the current Mayoral Fund are covered by Council and not the Fund. This has had both financial and opportunity costs.

In order to achieve the direction resolved by Council, research and preliminary discussions have been undertaken.

After researching other Council approaches (including the Shoalhaven where the Mayoral appeal has tax deductibility but through an approval many years prior to the current legislation and Goulbourn where a Fund has been established but does not have tax deductibility) and consulting with several existing local charities’ Board Members, a logical partner for a Community Disaster Fund would be a local body that holds Tax Deductable Charitable status. The Social Justice Advocates of the Sapphire Coast have considered partnering with Council to support such a Fund.

The Social Justice Advocates of the Sapphire Coast have a geographical footprint equal to the Bega Valley Shire Council. They have achieved tax deductibility status and would be able to set up a dedicated account for donations.

A suitable statement of intent, governance framework, operating rules, auditing and reporting framework has been drafted.

Council has also been contacted by Band Together, a local event organiser that has the objective to raise funds through music for those impacted by natural disasters. They need to gain a clear direction of where funds raised would be directed to ensure they achieve their community objective. The event is planned for 30 November 2019.

Options

1. Establish a Fund in partnership with a local charity such as the Social Justice Advocates of the Sapphire Coast and enter into a Memorandum of Understanding with them.

2. Find another registered Charity with an appropriate Constitution to partner with.

3. Council establish its own Charity which would have an ongoing Disaster Relief Fund as part of its Charter. The viability of this option is very uncertain under current legislation.

Community Engagement

The Bega Valley Shire Residents and Ratepayers Association have advocated on the establishment of a broader Fund since the Yankees Gap fires. The Mayor has canvassed all Councillors on the establishment of a Fund, if an appropriate, mechanism could be developed.

Consultation undertaken

Council officers have consulted with the Australian Taxation Office and the NSW Department of Justice, Office of Emergency Management on the options available to Council under the current legislation. The advice from both organisations has been that the most practical way forward is to partner with a Charity that has a Constitution matching the objectives of Council in the provision of relief in the event of a natural disaster.

To this end, Council officers have had discussions with locally based Charities and examined their Constitutions to find a suitable partner. Officers have also investigated partnering with larger Charities that operate Nationally. One of the not unreasonable considerations for partnering with larger Charities, is their requirement for an administration fee, which is normally 10% of donations.

Several community groups and businesses have expressed support for an ongoing Natural Disaster Fund that Council could administer, or assist with to ensure a localised response, particularly to those events too small to qualify for official Natural Disaster Declaration.

Council officers have met with the Chairperson of the Social Justice Advocates of the Sapphire Coast and discussed the principles of the Memorandum of Understanding (MoU). The Chairperson took the draft MoU to their Board Meeting and a meeting of members to seek a formal Resolution to proceed with this ongoing arrangement. The Board were supportive of the approach as were general members. The auditor for the Social Justice Advocates of the Sapphire Coast is following up constitutional amendments which may be required and this will be addressed if Council resolves to pursue this partnership.

Following Council’s consideration and adoption of the preferred option, final details will be developed and a formal launch held where media and communications would be undertaken.

Membership of the proposed Management Committee outlined in the attached draft MoU comprises two representatives of both organisations and three community members.

Financial and resource considerations

The ongoing operations of the Community Disaster Relief Fund will require some administrative support from Council officers and Councillors’ attendance at Management Committee meetings which can be accommodated within the existing budget. Costs of annual auditing would also be covered by Council.

Support would also be provided to the Treasurer of the Social Justice Advocates in administering the Fund as required.

In the event of a natural disaster where a specific appeal would be conducted, a significant Council officers’ effort would be required. The extent of this effort will be very dependent on the nature of the natural disaster and the impacts on the residents of the Shire and is therefore not possible to budget in advance.

Legal /Policy

The establishment of the Community Disaster Relief Fund will need to comply with all relevant Federal and State legislation.

A MoU between Council and the Social Justice Advocates has been drafted and clear definitions of disaster events will be included.

The proposal does not have a direct environmental implication. It does have economic and social/community objectives. The funds raised and distributed through the proposed Community Natural Disaster Relief Fund will be for the benefit of individuals, and will not be available for environmental or infrastructure projects.

Attachments

1 ⇩. Social Justice Advocates Governing document

2 ⇩. Community Disaster Relief Fund DRAFT MoU

Council 28 August 2019

Item 14.1

14.1. Canberra Region Joint Organisation Board Meeting - Key Outcomes

Cr McBain attended the Canberra Region Joint Organisation (CRJO) Extraordinary Board Meeting on 17 July 2019 via video link and the CRJO Ordinary Board Meeting 5 August 2019 in Canberra.

Cr McBain, Mayor

Extraordinary Board Meeting – 17 July 2019

On 17 July 2019 an Extraordinary CRJO Board Meeting was held via video link to discuss a Confidential Report.

That Report, which is now in the public domain, was in relation to the CRJO’s financial sustainability to support its current organisational staffing structure. Appropriately the Board reviewed the Executive Officer, Mr David Rowe’s, role and contract of employment. As a consequence of this review, Mr Rowe’s employment with CRJO has been terminated via mutual agreement.

Ms Gabrielle Cusack has been appointed as Acting Executive Officer until a review of the organisation moving forward is finalised and considered and the appointment process for a new Executive Officer undertaken.

The Board has requested reports on:

• A potential restructure of the organisation, defining the respective roles and skills sets of those roles to accommodate the financial capacity of the organisation.

• Mapping the establishment, operational and project expenses against respective sources of income for FY18/19.

• The operational and strategic priorities and sources of funding for FY19/20, drawn from the adopted strategic priorities.

• An audit of the governance and operational arrangements in accordance with the Canberra Region Joint Organisation Establishment Plan.

The Chair of the Board, Cr Rowena Abbey, thanked Mr Rowe for his guidance of the joint organisation, having transitioned from Chair of GMAC to the inaugural Executive Officer, and progressing the establishment of administration and structure in the Joint Organisation’s first year of operation.

Ordinary Board Meeting – 5 August 2019

The Board meeting on the 5 August 2019 covered:

· Joint Organisations Workshop

· Letter to Minister Hancock

· Notes from Chairs Network Meeting May 2019

· GMC Meeting Report

· CRJO Regional Engagement

- Regional presentations to Councils, continue the model of meeting in other council areas to better understand local issues.

· 2019/2020 Membership Fees

- Membership fees have increased in line with the rate cap amount

· 2019/2020 Budget

- Budget change for only one senior position over the next year.

· Revenue Policy

· Statement of Strategic Priorities – update

· Draft Scope – Regional Workforce Strategies for Local Government

- Good response Government during meetings. GMG to progress further including more advocacy around funding or other assistance.

· WaterNSW Drought Update

- Further discussion taking place at General Managers Group

· Minister and Secretary Briefings - 1 August

- Meeting with the Coordinator of the Snowy Hydro Legacy Fund. CRJO wants to participate in regional water and freight strategy work and advocacy around bringing forward the Murrumbidgee catchment water strategy

- Meeting with Minister Pavey. Discussion around delivery of water projects in the JO area. She would like an options paper put to her, within a month, on how a Regional Project Management Office could assist some councils deliver projects and funding required.

- Meeting with Coordinator General – Regions, Industry and Resources. Assist with delivery of Water and Waste Water Projects and delivery options.

- Meeting with Secretary DPC. Discussed regional Workforce Strategy, Snowy Hydro coordination, CRJO strategy-led approach to transport, water and energy, approach to Western Sydney planning v Snowy.

- Meeting with Minister for Regional Health. Discussed issues around health jurisdictions, funding for Southern Area Local Health District, the need for specialists in the region. Need to provide some further statistics.

Late Items included informal workshop discussions via video conference to enable Mayors to raise issues that may be a priority in their own areas which could be followed up by the JO on behalf of all councils, and looking at connecting with the Rural Doctors Network in an attempt to attract more medical professionals to our region.

The Business paper and minutes are available on the CRJO Website.

Attachments

Nil

Council 28 August 2019

Item 14.2

14.2. Australian Local Government Association (ALGA): 2019 National General Assembly

The Australian Local Government Association (ALGA): National General Assembly (NGA) was held in Canberra from 16-19 June 2019.

Cr McBain, Mayor

Heading

I attended the Australian Local Government Association’s National General Assembly in Canberra from June 16 - 19. This year was the biggest Assembly to date with 880 representatives from Councils as far away as Christmas Island.

The Assembly starts on a Sunday with the Regional Cooperation and Development Forum. I have attended this for several years now and find this a great day to discuss the issues specifically facing regional councils. The State of the Regions Report is always delivered on this day and it is sobering to see that the NSW South Coast (Shoalhaven, Eurobodalla and Bega Valley) along with East Gippsland in Victoria face high unemployment rates and high youth unemployment rates and we traditionally have a low-income base. Major presentations and discussions centred on the change in regional media and reporting (example of About Regional was highlighted) and that news seems less locally based now than ever before; housing in regional Australia and specifically affordable housing – does local government have a place in this industry; technology in a regional setting and how we need to take advantage of it (still plenty of discussions around black spots, lack of connectivity or slow connectivity); and regional tourism.

The theme of this year’s conference which commenced on the Monday was “Future Focussed” and presenters each addressed on themes around what the future entails, how Council’s need to be prepared for a change in the way people live, what communities want from the physical landscape, recycling and material reuse and importantly the challenges facing a council in disaster and recovery, of which we have experienced over the last year.

Some of the highlights included:

Romilly Madew – Chief Executive of Infrastructure Australia

They are currently doing an infrastructure audit and looking at where urban infill will take place over the next 15 years. The aim is to then provide this is to government to make smarter decisions, to cease opportunities and to ensure infrastructure meets the challenges and opportunities of the future. The audit also looks at who should maintain the infrastructure once it is in place – infrastructure should look at developing regions.

Public submissions will be invited into the audit.

Andrew Beer – Dean of Research & Innovation, UniSA Business School

Too often local government find themselves in the firing line for implementing policy that is not of their making (from State of Federal Governments). There needs to be a better ability for local government in shaping an agenda than having it imposed on them.

The Honourable Michael McCormack MP – Deputy Prime Minister

An acknowledgement that rate capping is a burden on councils, that infrastructure is a big part the federal government should play in nation building and they will continue to do so. He acknowledged a need for Constitutional recognition of local government sector.

The Honourable Mark Coulton MP – Minister for Regional Services, Decentralisation and Local Government

Roads to Recovery funding has been increased by $100m per year.

He will look the formula for Financial Assistance Grants and the redistribution of the same. He has asked the Department to pull out the previous research into this. He understands the challenges faced by regional/rural councils and he is prepared to listen and talk to the States about it. He hopes to have an answer next year when he attends the conference again. He acknowledged that this may not be accepted by metropolitan councils.

Motions

The other key element of the assembly is to debate the Motions that have been submitted by these Councils which from part of the advocacy platform for ALGA for the coming year. The President of ALGA gets a seat at the table during COAG meetings and it is important to ensure, from our point of view, that issues affecting regional/rural councils gets a good run.

This year Bega Valley submitted 5 Motions to the conference, with all 5 Motions being included in the business paper for debate.

Our 5 Motions were:

1. That the National General Assembly call on the Federal Government to implement a full review, along with each State and Territory, of the Financial Assistance Grants criteria with a view to allowing regional and rural councils additional funding.

Financial Assistance Grants form part of all councils’ operational funding and is a vital source of income in the Bega Valley. Whilst we appreciate the assistance, we believe that the program should be better targeted at regional/rural councils and look to remove the population basis on how the grants are distributed. Regional/rural councils have large areas with sparse populations, large road networks, multiple community assets and key infrastructure.

This was discussed and amended to specifically deal with the population matter by requesting the removal of Part 1 Section 6 (2)(b) of the Local Government Financial Assistance Act 1995 to remove the per capita ratio to allow a better funding model. For this, I thank Kyogle and Tenterfield Councils for their amendment and Moree Plains for the moving the original Motion.

2. That the National General Assembly call on the Federal Government to commit to a review of the nation’s freight hubs and analyse where the creation of new/upgraded ports, rail corridors, highway duplications and airports will best service the country, in line with a commitment to decentralisation.

This Motion was passed, and the NGA has been a supporter of the idea of decentralisation to assist regional and rural communities to thrive.

3. That the National General Assembly encourages Councils to join the Cities Power Partnership or similar program, to share information and foster local government projects to tackle climate change.

This Motion was passed and aims to assist local government to share information tackling climate change, climate adaption and climate resilience.

4. That the National General Assembly call on the Federal Government to encourage State and Territory Governments to include a definition of tiny houses in planning legislation, to offer a flexible, legitimate housing model.

This Motion was passed, given that many LGAs are now facing the growing markets of downsizing, grey nomads, intergenerational living and a request for more flexible models of living.

5. That the National General Assembly calls on Councils to facilitate and support the establishment of community renewable energy hubs.

This Motion was passed as many communities are now wishing to take steps to combat climate change and want to be in control as to the costs of their electricity generation.

Final points:

The three-day conference is always a highlight on the calendar and allows some fantastic discussions to take place and network with councils in similar positions.

Other highlights include a meeting with drought affected councils, a meeting of NSW councils with the new Local Government Minister, the Honourable Mark Coulton MP, arranged by LGNSW and an informal meeting with our cross-border neighbours East Gippsland Council.

The assembly was also attended by the General Manager, Crs Dodds and Griff.

Attachments

Nil

Council 28 August 2019

Item 14.3

14.3. Country Mayors Association meeting

Country Mayors meeting at Parliament House Sydney on 2 August 2019.

Cr McBain, Mayor

I attended the Country Mayors meeting at Parliament House Sydney on 2 August 2019.

There were presentations from the following:

The Honourable Mark Coulton MP, Minister for Regional services, Decentralisation and Local Government, Assistant Trade and Investment Minister

· He reiterated his support for reassessing the Financial Assistance Grants distribution formulas.

· He believes 5G technology will help to assist in transforming communication in NSW Country areas; this was met with skeptism from some Mayors in the room given that 3G and 4G have failed to deliver the connectivity as discussed by successive governments.

The Honourable Adam Marshall MP, Minister for Agriculture and Western New South Wales

· He outlined that we are experiencing the most significant drought of our time.

· There are also considerable impacts on CBD’s because of the drought and we have seen businesses closing, employees losing jobs, and regional tourism impacted.

· There will be an Agriculture Commissioner appointed to implement a comprehensive review of a Right to Farm Act over the next 12-18 months.

Geoff McKechnie APM, Assistant Commissioner, Commander, Western Region, New South Wales Police Force

· There are currently 44 Rural Crime Investigators across NSW and there will be 18 additional investigators added to this.

· Rural Crime is defined as “incidents of crime that impact on the function of the pastoral, agricultural and aquaculture industries”.

· Increased social media presence, focussing on enhanced community and stronger stakeholder engagement.

· Further training of general duties officers in rural crime an imperative.

· Looking at targeted recruitment from regional/rural areas as they struggle to get officers into the regions.

· The impact of rural crime:

Richard Colbran, Chief Executive Officer, NSW Rural Doctors Network

· Rural Health Workforce, the attached slide shows that Eurobodalla and Bega Valley require a larger health workforce based on three factors – total population, aboriginal population and the 0-5 and 65+ populations. All three factors show us in critical levels requiring additional health workforce.

· We need to look at ways to engage professional inspiration in doctors to come to reginal/rural areas.

· Look at long term health workforce succession plans.

· Rural Doctors Network now have a website featuring and profiling towns/communities so that doctors can look at the attractors of a region when they are looking at career progression or taking a regional placement. Passed this to the Joint Organisation to think about a series of features on the regions in our Joint Organisation.

· Oberon Council has worked with the PHN to develop a Health Services Profile.

Other business arising and motions

Some of the other business arising and motions considered from the meeting included:

· Cr Peter Petty, Tenterfield Shire advised that the Waste Levy Group was to meet with the Minister for Energy and Environment, to discuss the dot points outlined in the Associations resolution of 31 May.

Benefit Cost Ratios

RESOLVED That the Association write to the Premier requesting the removal of Benefit Cost Ratios for funding programs (Shoalhaven City Council/Kyogle Council).

RFS Contribution Increase

RESOLVED That Country Mayors write to the Premier and to Minister Elliott requesting urgent response to our letter dated 3 June 2019 and copies be forwarded to LGNSW and the Minister for Local Government (Moree Plains Shire Council/Tenterfield Shire Council).

Model Code of Conduct

RESOLVED That Country Mayors write to the Minister for Local Government requesting that the Model Code of Conduct be reviewed to set the same limitation on Councillors that applies to Members of Parliament in respect to attending community functions (Shellharbour City Council/Tenterfield Shire Council).

FAG Grants

RESOLVED That Country Mayors write to LGNSW supporting the ALGA resolution to remove the minimum per capita requirement and the NSW Grants Commission be advised of the decision (Kyogle Council/Bega Valley Shire Council).

IPART Review of Local Government Election Costs

RESOLVED That in relation to IPART’s review of local government election costs the Country Mayors’ Association does not support the funding hierarchy recommended by IPART and its allocation of costs between the NSW Government and councils for the provision of election services of the NSW Electoral Commission (Moree Plains Shire Council/Tenterfield Shire Council).

IPART Rating Review

Cr Sajowitz, Oberon Council reported that of significance to Oberon and other Councils who form part of the Unrateable Land Working Party are the recommendations that

• General exemptions should be based on land use not land ownership, and land used for commercial or residential purposes should not be exempt regardless of who owns it. This would help to ensure that land used mainly to deliver private benefits pays its fair share of rates

• Some explicit exemptions should be retained or amended as they are consistent with the general exemptions. For example, these include those for land used by a religious body for that purpose, land vested in the NSW Aboriginal Land Council, and land owned by a hospital and used for that purpose.

• Some explicit exemptions should be removed on the basis that the land is used for a commercial or residential purpose. For example, these include those for land owned or vested in a water authority, land below the high-water mark used for the cultivation of oysters, and land used for commercial fishing

Submissions to the rating recommendations are due mid-September.

RESOLVED That Country Mayors gives authority to the Unrateable Land Working Party to prepare a submission on behalf of the Country Mayors Association to the IPART Rating Review (Oberon Council/Moree Plains Shire Council).

I spoke with the Mayor of Oberon and advised that BVSC had specifically made a submission back when IPART first called for submissions in 2016/2017 that we would not support rating of oyster leases as this would have a significant impact on farmers in the Bega Valley and Eurobodalla areas.

Attachments

Nil

Council 28 August 2019

Item 16.1

16.1. Cr Mitchell Nadin - Merimbula CBD upgrade

Notice of Motion

1. That staff prepare a report outlining the cost estimates and process to engage an urban planner to provide options to calm traffic and increase pedestrian circulation in Merimbula’s Central Business District (CBD).

2. That the focus of the report be:

· the impact of any proposed changes to the traffic in the town;

· presentation of a detailed design process for the overall CBD Masterplan, including options for the next stages through to implementation; and

· the estimated costs and financing options for the project.

Background

The Council in 2014 produced landscape plans for each of our major towns, namely Eden, Merimbula, Bega and Bermagui. The plans were to illustrate proposed landscape changes to each of the towns, primarily for beautification purposes (i.e. pavement treatment, vegetation plans, street furniture) but also to address challenges towns had with pedestrian access and amenity, traffic management and public open space. The brief was to provide spaces "comfortable for people, connected and animated" and "enable the local economy to grow and provide community activity, be diverse and welcoming".

Council currently has an active grant application for $11.5m with the State Government under the Growing Local Economies Fund State program. It's understood the application is pending but Council is hopeful of a successful application, especially because the sheer scale of the project is something Council could not afford to complete on its own.

For its part though, Council has committed to $2m to the project to be found partly from renewal funds in the Budget, which needs to be spent on replacing the road surface anyway.

It's important to recognise the current Masterplan is a high-level, low detail document, which is meant to be mostly indicative of the potential of the site, and carries with it the weight of community endorsement.

The next step for Council is producing detailed designs that can be costed, endorsed by the community and ultimately tendered for. This is important for two reasons: it will ensure the project is 'shovel ready’ and means Council can plan the project and its impact on the budget more accurately, especially if we are only in receipt of part funding.

Something the Masterplan does not currently include, is any substantial change to the movement of traffic in the Merimbula CBD. Traffic calming and the prospect of turning some of Market Street into a pedestrian "mall" with one-way street with additional curb side parking is something I believe should be explored by a consultant. Putting evidence-based options to the public will be important to changing the dynamic of the town, especially for pedestrians’ amenity. Currently in one part of town there is four lanes of traffic dividing Market Street.

There is much evidence to support the benefit of traffic calming and making the CBD a more pedestrian friendly space. In Maitland the Council changed the traffic in its CBD to one-way, and substituted the road for pavement instead, creating the emphasis from cars to people. Several Councillors, including the Mayor, told me the changes had resulted in a substantial spike in revenue for local businesses and a vast increase in foot traffic. Cars still exist and are still very important for the public to access the area, but owners are encouraged to park, conduct their business and move along, which means a high turnover of people in the town.

Similar tactics have been used in numerous shires trying to reinvigorate their main shopping precincts.

This Notice of Motion looks to take the next planning step towards creating a 'shovel-ready- project’ financed by the recent sale of one of Council's assets in Merimbula. Most importantly it will look to build on the current Masterplan, creating a document with more depth, complexity and detail, so the public will have an accurate illustration of the future look and function of the town.

Cr Mitchell Nadin

Attachments

Nil

Council 28 August 2019

Item 16.2

16.2. Cr Cathy Griff - Climate resilience strategy input

Notice of Motion

1. That Council’s Climate Resilience Strategy recognise the climate emergency, through the strength, scope and immediacy of initiatives for Council and the community to combat climate change.

2. That Council requires reports on relevant strategies, plans or initiatives to include assessment of potential climate change impacts.

Background

Bega Valley Shire Council (BVSC) has a history of taking climate change seriously. Council’s Clean Energy Plan, released in June, was unanimously supported by Councillors. It covers opportunities and benefits of reducing the carbon footprint of Council’s own operations. A draft of a broader Climate Resilience Strategy (CRS), is being finalised for consideration by Council and the community, applicable to the whole Shire. To guide development of the CRS prior to seeking public feedback, Councillors were presented with a strategy outline in April, which set out key response area headings: community leadership and partnerships; risk and liability; opportunity and innovation; targets and performance measures, plus forecasting mitigation and adaptation strategies. The CED frames the CRS by stressing its urgency and thereby the need for ambitious goals in all afore-mentioned key response areas.

The intent of these Motions is to make clear Council’s understanding of the critical issue of climate change, prompting speedy response to protect our community and future generations from the projected catastrophic impacts of unchecked global heating. Few would deny we are in a drought emergency, which is indeed encompassed by a climate emergency.

Climate change goes beyond partisan politics, or state and federal responses. It is critical to mobilise all levels of government in order to inspire change and coordinated policies.

Scientific and Economic Focus

The vast majority of the worlds’ scientists have highlighted over decades the escalating climate crisis. CSIRO and Bureau of Meteorology reports and predictions consistently reflect the threat from industrial/human emissions.

The most recent UN sponsored Intergovernmental Panel on Climate Change report (IPCC 2018) stressed the need for fast and substantial reduction of carbon emissions and other greenhouse gases to prevent further dangerous heating of the planet and its undesirable economic, social and environmental consequences. The IPCC report states that a 45 per cent reduction in CO2 levels from 2010 levels will need to be achieved by 2030 to have a reasonable chance of keeping warming below 1.5 degrees Celsius.

‘Warnings to Humanity’ have been issued by 21,000 scientists from 184 countries from the Alliance of World Scientists. Three recent studies published in Nature and Nature Geoscience use extensive historic data demonstrating there has never been a period of such global rapid temperature rises since records were kept over two thousand years.

Aside from the scientific perspective, world economic elites recognise a climate emergency. The World Economic Forum’s latest Global Risk Report categorised the greatest risks to investment portfolios and the global economy as extreme weather events and the failure of climate change mitigation.

The current and continuing climate change threats cover: human and animal health (through extreme summer temperatures; more frequent/severe bushfires; southward spread of tropical diseases); food security (unreliable irrigation water supply, declining soil quality; massive animal and insect extinction; diminished crops/pasture; changing distribution of coastal fisheries, and other threats to aquaculture) and public/Council assets (sea level rise and storm surges on coastal roads, wharves, bridges, buildings, airport, and water treatment plants).

Local Government

As of August 2019, the ACT Government, along with 33 Australian councils (Sydney, Melbourne, Wollongong and more), representing millions of people, have declared a climate emergency - with many planning to follow suit. Internationally there is even a greater response from whole countries - UK, Canada, France to date.

The June 2019 National Assembly of Local Government was notable for the many motions put forward by numerous councils with majority support, proposing a climate emergency and seeking immediate action to confront the rapidly worsening climate scenario. ‘Local Governments across Australia are preparing their communities for climate change via a range of actions including information sessions from environmental psychologists to curbing their emissions sources to conducting risk and insurance assessments’ (ALGA News July ’19).

Local government has been extremely successful in leading and partnering on climate change initiatives from renewable electricity and energy efficiency to sustainable transport and waste recycling. Such progress is within our powers and meets Councils’ statutory obligations to protect community and environment. Councils have mobilised their communities and their own resources in reducing local carbon emissions.

Council achievements have been well documented by the Cities Power Partnership in recent publications such as ‘Tackling Climate Change Together: Local governments lead the charge’. The thriving Victorian City of Darebin has been a trailblazer in setting a target of zero net carbon emissions by 2020 and releasing the world’s first Climate Emergency Plan.

Local context

BVSC has undertaken multiple projects to protect our environment and mitigate climate change. The NSW Government Clean Energy Strategies for Business Program website promotes BVSC in a detailed case study noting council ‘is updating its energy strategy with a more ambitious target to achieve 100% renewable energy by 2030’ (October 2018).

Our website, under Environment and Health, affirms BVSC accepts the science and ‘recognises that climate change is one of the greatest social, economic and environmental challenges of our time …’ Our Bega Valley population is vulnerable due to dependency on agriculture and the proportion living five metres or less above sea level.

Council’s Coastal Planning and Management Committee recognises and confronts local climate change dangers such as quality of waterways, sea level rise and fish kills. This committee consists of representatives from a wide array of authorities: Office of Environment and Heritage, Department of Primary Industries Fisheries, Local Land Service, Crown Lands, NSW Farmers Oysters, National Parks and Wildlife. Council’s newly formed Climate Resilience Technical Panel has already identified the need for urgent action.

Bega Valley Shire residents have a healthy tradition of speaking up and taking action over critical issues. Many local groups have recently hosted packed events on the climate crisis: Clean Energy for Eternity, 350.org, Extinction Rebellion, student strikers and more. A young 17-year old local woman has launched petitions, similarly to Greta Thunberg at the other end of the world. A significant proportion of BVS community has signed online and hard copy petitions, written letters, addressed events and rallies, and campaigned in recognition of the climate emergency, calling for decisive Council action. Participants come from all sectors including farmers, doctors, oyster growers, business operators, irrespective of politics, gender or age. They rely on our leadership in these challenging times.

Cr Cathy Griff

Attachments

Nil

Council	28 August 2019
*Item 8.1 - Attachment 1*	Proposed DCP Chapter 7.9

Council	28 August 2019
*Item 11.4 - Attachment 1*	Council report dated 3 December 2014

Council	28 August 2019
*Item 11.4 - Attachment 2*	Valuation report for portion of road adjoining Mumbulla School

Council	28 August 2019
*Item 11.5 - Attachment 1*	Community Project Proposal Summary Sheet

Council	28 August 2019
*Item 11.6 - Attachment 1*	2011.04.04 Peter Tegart letter to Driftwood Village Pty Ltd

Council	28 August 2019
*Item 11.6 - Attachment 2*	2004.04.27 Council meeting resolution report Driftwood Village

Council	28 August 2019
*Item 11.6 - Attachment 3*	2010.09.21 Council Report, Stringybark Place Sewage Pump Station_WRS

Council	28 August 2019
*Item 11.6 - Attachment 4*	2010.09.21 Council report tender acceptance Stringybark sewer

Council	28 August 2019
*Item 11.6 - Attachment 5*	2005.06.28 Executed heads of agreement between BVSC and Tanay P/L trading as Acacia Ponds caravan park

Council	28 August 2019
*Item 11.6 - Attachment 6*	2007.04.04 Signed deed of agreement sewerage services Acacia Ponds and Kalorama caravan parks

Council	28 August 2019
*Item 11.7 - Attachment 1*	Council report dated 16 December 2015 regarding Merimbula Wharf Public Toilet

Council	28 August 2019
*Item 11.7 - Attachment 2*	Draft Deed of Agreement for Management of Merimbula Wharf Toilet Facility

Council	28 August 2019
*Item 11.9 - Attachment 1*	2019 ReBoot in Bermagui Traffic Control Plan

Council	28 August 2019
*Item 11.10 - Attachment 1*	2019 Local Roads Congress Program

Council	28 August 2019
*Item 11.10 - Attachment 2*	2019 Local Roads Congress Communique Final

Council	28 August 2019
*Item 13.1 - Attachment 1*	Social Justice Advocates Governing document

Council	28 August 2019
*Item 13.1 - Attachment 2*	Community Disaster Relief Fund DRAFT MoU

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 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Confidential Business

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

Statement of Re-Commencement of Live Streaming

19 Noting of Resolutions from Closed Session

20 Declassification of reports considered previously in Closed Session

Council

28 August 2019

Staff Reports –Planning And Environment

28 August 2019

8.1. Adoption of amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach

Officer’s Recommendation

Attachments

Staff Reports – Community, Culture and Leisure

28 August 2019

Council

28 August 2019

Staff Reports – Infrastructure Waste And Water

28 August 2019

Council

28 August 2019

Staff Reports – Governance And Strategy

28 August 2019

Staff Reports – Finance

28 August 2019

16.2. Cr Cathy Griff - Climate resilience strategy input

Notice of Motion

Background

Attachments

Confidential Business

Adjournment Into Closed Session

Recommendation