Agenda of Council - 27 November 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

27 November 2019

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 20 November 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 Finalisation of Planning Proposal for properties previously reported at Millingandi and Tura Beach (Mandeni)....................................................................................................................................... 8

9 Staff Reports – Community, Culture and Leisure

9.1 Community Engagement Strategy.............................................................................................. 128

10 Staff Reports –Economic Development and Business Growth

Nil Reports

11 Staff Reports – Infrastructure Waste and Water

11.1 Licence to NRMA Tourist Park at Short Point Merimbula..................................................... 178

11.2 Dedication of Council public road through saleyard land..................................................... 248

11.3 Lease to Horizon Credit Union................................................................................................... 254

11.4 Bega Valley Local Traffic Committee......................................................................................... 257

11.5 Revised Candelo Pool Fees and Season Length 2019/20 Season........................................ 303

12 Staff Reports – Governance and Strategy

12.1 2018-19 Annual Report.............................................................................................................. 306

12.2 Acting General Manager............................................................................................................. 308

12.3 Transfer of the management for Narira Village Complex at Cobargo.................................. 309

12.4 Code of Conduct Statistical Reporting 2018/2019................................................................. 317

13 Staff Reports – Finance

Nil Reports

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

16.1 Two proposed amendments to the adopted Code of Meeting Practice............................ 320

17 Questions with Notice

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......................... 320

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 27 November 2019

Item 8.1

8.1. Finalisation of Planning Proposal for properties previously reported at Millingandi and Tura Beach (Mandeni)

This report seeks to finalise the Planning Proposal for properties at Millingandi and Tura Beach (Mandeni).

Director Community Environment and Planning

Officer’s Recommendation

1. That Council finalise amendments to Bega Valley Local Environmental Plan 2013 (Amendment 33) subject to the revisions detailed in this report and in accordance with the delegations issued by the Minister for Planning and Environment under Section 3.36 of the Environmental Planning and Assessment Act 1979.

2. That Council officers inform those who made a submission during the exhibition of the Planning Proposal of Council’s resolution on this matter.

Executive Summary

Council has previously considered this matter through reports presented to Council meetings of 20 July 2016 and 26 April 2017. At the April 2017 meeting Council resolved to support a Planning Proposal to confirm zoning and minimum lot sizes for sites at Millingandi and Tura Beach (Mandeni).

That proposal was considered by the NSW Department of Planning, Industry and Environment’s Gateway Determination process and publicly exhibited. Issues identified during the exhibition process have now been resolved, and the Planning Proposal is ready for Council’s determination.

Background

Council at its meeting of 20 July 2016 resolved as follows;

‘That the zoning and lot sizes for Sites 2 - 6 be as follows:

e) Site 5 - Princes Highway, Millingandi

That the land be zoned E3 with a 7ha minimum lot size.

f) Site 6 - Mandeni, Sapphire Coast Drive

That the land be zoned and lot sized E4 (1ha), RU2 (120ha) and E2 (no lot size).

2. That staff be authorised to forward Planning Proposals to the Department of Planning for Gateway determination for Sites 1 - 6 as per the zoning and lot sizes resolved above.

3. That following Gateway determination the Planning Proposals be placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of the subject land into Bega Valley Local Environmental Plan 2013…

6. …That all property owners affected by this process be advised of the reasons and the process going forward.’

Following consideration of this Planning Proposal at Gateway, the [then] NSW Department of Planning and Environment requested that Council amend its resolution to specifically include the mapped E2 zone shown in the draft Planning Proposal. Council resolved that way at its meeting of 26 April 2017:

“That Council advise the Department of Planning and Environment that it confirms the following zonings be applied to the Millingandi site as follows:

a) Lot 721 DP 826975, Millingandi; apply E3 and E2 zones.”

The revised Planning Proposal, incorporating amendment to the wording of the Millingandi resolution (Attachment 1), was submitted to the NSW Department of Planning and Environment on 28 August 2018. A Gateway Determination was issued on 2 October 2018, subject to the Planning Proposal being publicly exhibited for a period of 28 days and consultation with public authorities.

An objection was received from the NSW Rural Fire Service (RFS). This objection has now been resolved, and Council may proceed to finalise the Planning Proposal.

Community Engagement

Consultation undertaken

The Planning Proposal was exhibited for a period of 28 days from 18 October 2018 to 16 November 2018. Referrals were sent to the NSW Rural Fire Service (RFS) and the [then] Office of Environment and Heritage (OEH).

Agency Submissions

NSW Rural Fire Service (RFS)

The RFS provided advice indicating that the concept lot layout for the Mandeni site did not meet relevant bushfire protection planning requirements. The RFS requested that the applicant provide an amended concept layout that demonstrated compliance with Planning for Bushfire Protection 2018.

The applicant provided an amended plan dated 28 August 2019 (Attachment 2). The amended plan was considered by the RFS and was found to be satisfactory, subject to any future subdivision or dwelling applications complying with the relevant bushfire legislation and guidelines.

Office of Environment and Heritage (OEH)

OEH raised no objections to the planning proposal.

Public Submissions

One public submission was received in relation to the Mandeni site, which sought clarification of the zoning boundary between the RU2/ E4 boundary around the existing cabins development at Mandeni, as there was a slight inconsistency between the proposed zoning map in the Planning Proposal (Attachment 1) and the proposed zoning map in the Council Report dated 20 July 2016.

The existing cabins development is to be wholly located within the E4 zone.

Outcomes of Submissions

Site 1 Lot 721 DP 826975, 2529 Princes Hwy, Millingandi

This site is a deferred mater in Bega Valley Local Environmental Plan (BVLEP) 2013. The Planning Proposal recommended the land be zoned E3 Environmental Management with a 7ha minimum lot size and E2 Environmental Conservation (no minimum lot size).

Outcome: No changes proposed to exhibited zoning (Attachment 1)

Site 2 Lot 471 and Lot 472 DP 1043030, Sapphire Coast Drive, Tura Beach (Mandeni)

This site is a deferred matter in BVLEP 2013. The zoning for the site in BVLEP 2002 is shown in Figure 1. The Planning Proposal recommended that the land be zoned and lot sized E4 Environmental Living (1ha), RU2 Rural Landscape (120ha) and E2 Environmental Conservation (no minimum lot size) (Figures 2 and 3).

The main concern for the RFS was that the concept lot layout included in the Planning Proposal did not meet bushfire protection requirements.

Outcome: An amended concept lot layout (Attachment 2) was provided by the applicant which demonstrates compliance with the newly released Planning for Bushfire Protection 2018.

RFS notes, in relation to the amended proposal, that if a perimeter road is not included at subdivision stage, an alternative solution and performance assessment would need to be proposed with any future development application.

Figure 1. Zoning of Mandeni site under BVLEP 2002 - 1(a) Rural General Zone (minimum lot size of 120ha) and 1(c) Rural Small Holdings Zone (minimum lot size of 5000m²)

Figure 2. Proposed amended zoning for Mandeni site under BVLEP 2013 - E2 Environmental Conservation, E4 Environmental Living, RU2 Rural Landscape

Figure 3. Proposed amended minimum lot size for Mandeni site under BVLEP 2013 – 1 hectare (E4), 120 hectares (RU2) and no minimum lot size (E2)

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

The Planning Proposal has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and the requirements of the Coastal Management Framework. Referrals were sent to relevant NSW Government agencies (OEH and RFS). Feedback from the RFS resulted in amendment to zone boundaries to provide for the preservation and protection of environmental zones and built assets.

Strategic alignment with the Rural Residential Strategy, October 2019

These sites have been identified as Areas 1 (Site 2) and 2 (Site 1) within the Merimbula catchment in the draft Rural Residential Strategy 2019. The summary of findings of the strategy conclude there is insufficient supply in the Merimbula catchment to meet the projected needs to 2040 and therefore limited additional rural residential zoning is supported in the areas identified. The summary for Areas 1 and 2 is as follows:

Area 1 – Area is relatively unconstrained and contains lower quality agricultural land. The area has good access to existing road infrastructure and is close to existing rural residential development.

Site 2 is identified as being relatively unconstrained with good access to existing road infrastructure. Additional rural residential development as a result of this Planning Proposal is likely to result in internal road infrastructure as a result of the proposed community title subdivision scheme for the whole of the Mandeni property. Any additional access requirements will be assessed with any future subdivision development application.

Area 2 – Area is currently zoned E4 Environmental Living with a minimum lot size of 2 hectares. While some of this area is vegetated, it could support lower minimum lot sizes with clustering of additional rural residential development. The area contains lower quality agricultural land which is highly fragmented, has good access to existing road infrastructure and is located close to Merimbula township.

Site 1 immediately adjoins Area 2 and is consistent with the existing rural residential development pattern in this area. The site has existing water access and on-site effluent disposal, therefore any additional rural residential development as a result of this Planning Proposal will only minimally increase demand on existing water infrastructure. There is an existing access off the Princes Highway that currently services the lot, and any additional access requirement will be assessed with any future subdivision development application.

These sites are consistent with the findings of the draft Rural Residential Strategy.

Social/ Economic

The objectives of the draft Rural Residential Strategy 2019 were to:

· Provide strategic direction for the provision of future rural living opportunities in the Bega Valley Shire to 2040

· Implement the relevant goals of the Bega Valley Community Strategic Plan 2040 and directions and actions of the South Coast and Tablelands Regional Plan 2036

· Identify where the supply of rural residential development opportunities is sufficient to meet demand to 2040

· Identify suitable future growth areas in Catchments where additional supply is required

· Investigate the distribution of the existing supply of vacant and underutilised rural residential zoned land and review suitability for further subdivision

The strategy also makes recommendations for further investigations regarding residential development in rural areas to encourage affordable housing and review the application of the RU4 zone throughout the Shire.

The Planning Proposal is likely to have a positive social and economic impact on South Pambula through the provision of more affordable residential land.

The subject sites in this Planning Proposal form part of Areas 1 and 2, which are recommended for future rural residential development and increased density in identified existing rural residential areas. The proposal will provide approximately 16 lots of the estimated supply from rezoning recommendations.

Conclusion

This report recommends that Council finalise amendments to the BVLEP 2013 (Amendment No. 33) subject to the following;

· Site 1 – Zoned E3 Environmental Management with a 7ha minimum lot size and E2 Environmental Conservation (no minimum lot size).

· Site 2 - zoned and lot sized E4 Environmental Living (1ha), RU2 Rural Landscape (120ha) and E2 Environmental Conservation (no minimum lot size).

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

Attachments

1 ⇩. Exhibited Planning Proposal - Mandeni and Millingandi

2 ⇩. Amended concept layout for Mandeni

Council	27 November 2019
*Item 8.1 - Attachment 1*	Exhibited Planning Proposal - Mandeni and Millingandi

Council 27 November 2019

Item 9.1

9.1. Community Engagement Strategy

The draft Community Engagement Strategy, which includes a Community Participation Plan for planning matters, is presented to Council for consideration following public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

That Council resolves to:

1. Adopt the Community Engagement Strategy (Attachment 1).

2. Repeal Chapter 8 of Bega Valley Development Control Plan 2013.

3. Make the Community Engagement Strategy publicly available.

Executive Summary

At its meeting of 18 September 2019, Council resolved to publicly exhibit the Draft Community Engagement Strategy for a 28-day period. The draft Strategy was subsequently promoted in a variety of formats including in Council News, on social media, and through BVSC’s Have Your Say page. Individual and group consultations were held with representatives of the Aboriginal community and young people during this period. In total sixteen submissions were received.

Consideration has been made of the submissions received and a number of amendments to the draft Strategy are proposed.

Background

The Community Engagement Strategy (Attachment 1) sets out a whole-of-organisation commitment to community engagement to ensure that members of our community have the opportunity to actively contribute to civic life. It clarifies the way in which Bega Valley Shire Council (BVCSC) will undertake planned engagement and aims to provide a clear understanding of:

· Our principles

· How we listen to the community

· Why we engage

· How we engage

The Strategy integrates several of BVSC’s legislative requirements for community engagement in the one document. These include requirements under the Local Government Act 1993, Environmental Planning and Assessment Act 1979, and Crown Land Management Act 2016.

A Community Participation Plan, which clearly explains how people can engage with planning matters, forms a subsection of the Strategy. The Department of Planning, Industry and Environment requires NSW councils to adopt a Community Participation Plan by 1 December 2019.

The Strategy makes reference to BVSC’s Organisational Service Standards to clarify the service standards people interacting with BVSC can expect. These standards were subject to a report to Council on 30 October and are currently on public exhibition.

The Strategy also refers to the Community Development Toolkit, which is currently under development and will be the internal guide for BVSC staff for all engagement matters.

Consideration of feedback and recommended amendments to the draft Community Engagement Strategy

In total, sixteen submissions were received. These were considered by officers and where applicable, amendments are proposed to the Strategy in response. A summary of these submissions, and officers’ response are provided in Attachment 2.

Key amendments to the Strategy as a result of community feedback include:

· Simplification of the executive summary, and a revision of the layout to improve readability

· Inclusion of a section on ‘how we listen’, which clarifies how the community can connect with BVSC on matters of importance to them, and how this input will be dealt with

· Amendments to clarify BVSC’s commitment to notifying affected landowners where impacts are likely to be significant

· Amendments to clarify BVSC’s commitment to culturally appropriate engagement with local Aboriginal people

· Inclusion of images that reflect diverse engagement techniques and a broader range of participants

· Reference to the Strategy’s alignment with the UN Sustainable Development Goals.

A considerable amount of feedback was relevant to the procedures Council utilises when engaging. These will be included in the development of BVSC’s Community Engagement Toolkit. Where the feedback related to current operations, the relevant officers have been notified.

Options

1. That Council adopt the Community Engagement Strategy (this is the recommended option).

2. That Council not adopt the Community Engagement Strategy. This is not recommended as BVSC is required to adopt the Community Participation Plan component by 1 December 2019.

3. That Council recommend further amendments to the Community Engagement Strategy. Councillors would need to identify proposed amendments.

Community Engagement

Feedback from the consultation process has been used to inform the Strategy and will also be utilised to assist in the development of the Community Engagement Toolkit, which will guide individual engagement activities on a project-by-project basis.

First Round Consultation

Staff sought input from a range of internal and external stakeholders in July and August 2019 in the development of the Draft Strategy and prior to exhibition. These included the Access and Inclusion Advisory Committee, the Bega Valley Shire Residents and Ratepayers Association, Business Chambers, the Visitor Information Centres, staff from across Council program areas, and Councillors. These stakeholders provided feedback on:

● What current engagement techniques are working well

● What barriers do people experience engaging with Council

● What would increase trust and help the community feel more confident in BVSC’s engagement processes.

Second Round Consultation

Broader consultation on the draft Strategy was undertaken during the 28-day public exhibition period. The opportunity to provide feedback was promoted in a variety of formats, including in Council News, on social media, and through BVSC’s Have Your Say page.

Local Aboriginal Lands Council were provided with the draft Strategy and invited to meet individually. Eden Local Aboriginal Land Council provided feedback on the draft and ideas for inclusion in the toolkit. Young people were engaged in community settings in Bega and in Eden, and consultation was undertaken at the University of Wollongong campus. There was also consultation with people from a multicultural background, made at the request of the Magic meet up group in Bega.

In total, 16 submissions were received and are summarised in Attachment 2. All submissions were considered.

Financial and resource considerations

The costs associated with individual engagement activities are determined on a project-by- project basis and budgeted across a range of BVSC areas on an annual basis. The Strategy provides guidance on the scale of engagement activities required for various BVSC activities, to support efficient and effective use of resources. This Strategy was developed in house within budgeted resources.

Legal /Policy

The Strategy meets legislative requirements under the Local Government Act 1993, Environmental Planning and Assessment Act 1979, and Crown Land Management Act 2016.

If the Strategy is adopted by Council, it would necessitate the removal of Chapter 8 of Bega Valley Development Control Plan 2013. Chapter 8 currently details the procedures for determining under what circumstances persons are to be notified of proposed development and when advertisements will be placed in the local newspaper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Strategy contributes to the following elements of BVSC’s Integrated Planning and Reporting Framework:

Community Strategic Plan Outcome 1: Active and Healthy Communities; Goal 1: We are co-operative, caring and enjoy a culturally rich community life

Revised Delivery Program 2017 – 2021 Action: Design and implement processes to support Council’s community consultation and engagement activities and processes

Operational Plan 2019-2020 Activity: Develop a Community Engagement Strategy, including a Community Participation Plan for planning matters.

Risk

Effective community engagement supports informed decision making and reduces risks to BVSC. The Community Engagement Framework, which includes the Strategy, proposed Organisational Service Standards, and internal Community Engagement Toolkit will assist BVSC to mitigate risk across its portfolio by inviting local people to contribute to BVSC business. It aims to ensure that engagement is meaningful, effective, and appropriate, and builds trust between BVSC and the community.

Attachments

1 ⇩. Community Engagement Strategy

2 ⇩. 27.11.19 ATTACHMENT 2_Summary of Community Engagement Strategy feedback and officer responses

Council	27 November 2019
*Item 9.1 - Attachment 1*	Community Engagement Strategy

PDF Creator

Council 27 November 2019

Item 11.1

11.1. Licence to NRMA Tourist Park at Short Point Merimbula

The licence agreement for NRMA Tourist Park No 1 Pty Limited to occupy Council Managed Crown Reserve (R85134) at Merimbula expired on 31 December 2018 and requires renewal. Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That subject to determination of the Aboriginal Land Claim and a Native Title assessment, Council, as Crown Land Manager of Reserve (R85134), approve a further twenty year licence to NRMA Tourist Park No 1 Pty Limited, for their continued occupation of part reserve R85134, for an annual market rental as determined by a registered Valuer.

3. That NRMA Tourist Park No 1 Pty Limited be responsible for the payment of all costs associated with the preparation of the licence including the determination of the Aboriginal Land Claim and a Native Title assessment.

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

Executive SummaryNRMA Tourist Park No 1 Pty Limited (NRMA) is seeking a new licence for their continued occupation of a portion of reserve R85134 at Merimbula for the purpose of housing the sewer pump station that services their adjoining caravan park site.

In accordance with clause 70 of the Crown Land Management Regulations 2018 (NSW) (CLM Regulations) renewal of existing licences over pre-Plan of Management (PoM) Crown Land, for a term not exceeding 21 years, is permissible when there was a pre-existing licence in force immediately before the repeal of the Crown Lands Act 1989 (NSW) (CL Act) providing that the new licence does not authorise any uses for the land that are additional to uses that were permitted under the previous licence.

Background

Council resolved at its Ordinary Meeting of 28 May 2014, to provide NRMA with a five year licence to occupy a portion of reserve R85134 at Merimbula for the purpose of housing the sewer pump station that services their adjoining caravan park site. The current licence commenced on 1 January 2014 and expired on 31 December 2018. At the time of expiry the Crown Land Management Act 2016 (NSW) (CLM Act) did not allow Council as Crown Land Manager to enter into tenure in excess of 12 months until a PoM had been adopted therefore occupation continued, on a holding over basis which is due to expiry on 31 December 2019.

Council Crown Land Managers are now exempt from the operation of section 3.22 of the CLM Act during the initial transitional period of three years and prior to the preparation of a PoM to enable transitional operation, management and use of tenures. This exemption is pursuant to clause 70 of the CLM Regulations and applies to the renewal of existing licences over pre-PoM Crown land for a term not exceeding 21 years, if there are no additional permitted uses for the land, there was a licence in force over the land immediately before the repeal of the CLM Act and there are no permitted uses for the land under the arrangement that are additional to those that were permitted under the previous licence.

NRMA have advised they wish to continue with their occupancy of reserve R85134 for a further term.

It is noted in the attached Council report dated 28 May 2014 discussions were held in relation to adding the section of reserve to the adjoining caravan park site held under a direct Crown lease arrangement. This avenue has again been raised with Crown Lands who have advised that an addition of the licence area to the direct Crown lease site would require its own discrete identifier (registered lot following survey and subdivision). Crown Lands have further investigated this option and have advised a subdivision is unlikely, so a continuation of the current tenure is suggested.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers to grant additional tenure to NRMA for their continued occupation of reserve (R85134) and resolve accordingly.

2. Carry out a public expression of interest process for the use of the reserve. Noting the limitations of the Crown Reservation as well as the recent Aboriginal Land Claim lodged by the NSW Aboriginal Land Council and Native Title Claim in the Federal Court over all South Coast Crown reserves, continuing with the current occupancy arrangements is the preferred option at this stage.

3. Maintain vacant possession of the reserve for Council purposes. Noting this option will significantly impact on the operation of THE adjoining Short Point caravan park site.

Community Engagement

Consultation undertaken

Council officers have discussed the proposed extension of tenure with representatives from NRMA who have indicated they would like additional long-term tenure over the reserve.

Consultation Planned

Council officers intend to issue four, five-year consecutive licence agreements therefore in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant a licence, in respect of community land for a period exceeding five years, it must:

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

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

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

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

Council consideration of input

To ensure the continued use and occupation of the reserve is appropriate for the licence, the following items have been considered:

· Compliance with the legislation, related policies and guidelines;

· Compatibility with the Reserve purpose of Public Recreation;

· Native Title rights; and

· Aboriginal land claims.

It is noted that section 46A(3) of the LG Act provides that a lease or licence for a term exceeding five years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation. Therefore, in order to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the current licensee was appropriate in this instance.

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

1. The sewer pump station located within the Crown Reserve R85134 solely benefits the adjoining caravan park and is integral to their continued operation;

2. The infrastructure has been in place since 2008 and does not impact on the community’s ability to use and enjoy the reserve;

3. The costs involved in carrying out a market testing/pubic competition process are considered uneconomical in this situation as the sewer pump station infrastructure only benefits the adjoining caravan park;

4. Council officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed;

5. The Reserve is under a Native Title and Aboriginal Land Claim and only existing, low impact uses will receive authorisation until these claims have been assessed; and

6. Under the transitional arrangements and prior to the preparation of a PoM clause 70 of the CLM Regulations applies to the renewal of existing licences if there are no additional permitted uses for the land, there was a licence in force over the land immediately before the repeal of the CLM Act and there are no permitted uses for the land under the new licence that are additional to those that were permitted under the previous licence.

Financial and resource considerations

An updated market rental assessment was commissioned by Council in October 2019 which indicates a starting rental figure in the order of $1,230 plus GST per annum, to be increased annually by CPI (All Groups –Sydney). In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

Liaison with external legal representatives will be required to arrange the new licence documentation. Ongoing management of the licence agreement during the term will also require Council officer resources.

Legal /Policy

As mentioned above under background Council’s ability to licence Council Managed Crown Reserves as community land is authorised by section 3.22 of the CLM Act, which requires the preparation of a community land plan of management, adopted by Council, to authorise the occupancy and use agreement. However, Council Crown Land Managers are exempt from the operation of section 3.22 of the CLM Act during the initial transitional period of three years and prior to the preparation of a plan of management to enable transitional security and the operation, management and use of tenures. This exemption is pursuant to clause 70 of the CLM Regulations and applies to the renewal of existing licences over pre-PoM Crown Land for a term not exceeding 21 years if there are no additional permitted uses for the land, there was a licence in force over the land immediately before the repeal of the CL Act and there are no permitted uses for the land under the new licence that are additional to those that were permitted under the previous licence.

As the proposed licence may affect Native Title interests in the reserve Council, when exercising powers provided by these transitional arrangements, must obtain written advice from a qualified Native Title manager that the lease complies with Native Title legislation.

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

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

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

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

For these reasons entering into direct negotiations with the current licensee is considered the most appropriate option in this instance.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

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

Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding a proposed new licence as it may affect Native Title interests in the reserve. When exercising powers provided by the transitional arrangements under the CLM Act, Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that the proposed lease complies with the Native Title Act 1993 (Cth).

Attachments

1 ⇩. Council Report dated 28 May 2014 Licence for land - Short Point Reserve

2 ⇩. Opteon Property Group market rental valuation report dated 31 October 2019

Council	27 November 2019
*Item 11.1 - Attachment 2*	Opteon Property Group market rental valuation report dated 31 October 2019

PDF Creator

Council 27 November 2019

Item 11.2

11.2. Dedication of Council public road through saleyard land

A development application (DA 2010.379) has been approved for a subdivision in Bega and land owners’ consent is required for the dedication of a new road through Council owned operational land to service the new allotments.

Director Assets and Operations

Officer’s Recommendation

1. That Council delegate authority to the General Manager to give land owners consent for the creation of a public road over part Lot 420 DP 874393 for market value as determined by a registered valuer.

2. That Council delegate authority to the General Manager to execute the necessary documentation to release the Right of carriageway in favour of Essential Energy over part Lot 420 DP 874393.

3. That all costs associated with the creation of a public road over part Lot 420 DP 874393 including Council’s legal costs, survey work, plan preparation and registration fees be borne by the applicant.

Executive SummaryCouncil is required to give land owners consent to enable the issue of the subdivision certificate for development application (DA 2010.379) to allow registration of the Plan of Subdivision at NSW Land Registry Services (NSW LRS) to finalise this matter.

Section 377(1)(h) of the Local Government Act 1993 (NSW) (LG Act) states that the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property is a non-delegable function meaning a Resolution of Council is required for such purposes.

Background

DA 2010.379 for a rural residential subdivision off Kerrisons Lane, South Bega was lodged on 16 August 2010 for assessment by Council officers. The proposal included the creation of a public road over Council owned operational land being Lot 420 DP 874393 to provide legal and practical access to the new allotments (currently known as Lot 2432 DP 793758, Lot 4 DP 1077434 and Lot 1510 DP 1077898). As DA 2010.379 impacted on Council owned land the General Manager at the time was required to give land owner’s consent to the lodgement of the application, by signing the DA 2010.379 form.

DA 2010.379 was approved under staff delegation on 26 September 2012 and construction certificates were subsequently issued and works have now been complete. Council resolved at its Ordinary Meeting of 8 May 2019, to name the two public roads created in the subdivision as Spanish Oaks Drive and She Oak Drive. These new roads serve as the main point of access to the subdivided land parcels and will be dedicated to Council upon registration of the Plan of Subdivision. Council will take over care and control of the roads once constructed by the developer to Council’s standard and the mandatory maintenance period has been complete.

The developer has now applied for a subdivision certificate which is the final stage in this process. To enable Council officers to issue the subdivision certificate to allow registration of the Plan of Subdivision at NSW LRS land owners consent is required.

Lot 420 DP 874393 is currently burdened by a Right of Carriageway, 15 metres wide, which was granted to Essential Energy pursuant to a Council Resolution dated 16 September 1997. As the new road through Lot 420 DP 874393 aligns with the Right of Carriageway there is no longer a requirement for this to exist. It is intended to release the Right of Carriageway upon dedication of the new public road.

Options

The options available to Council are:

1. Delegate authority to the General Manager to give land owners consent for the creation of a public road over part Lot 420 DP 874393 for nil compensation; OR

2. Delegate authority to the General Manager to give land owners consent for the creation of a public road over part Lot 420 DP 874393 for market value as determined by a registered valuer.

Community Engagement

Consultation undertaken

Council officers have consulted with the applicant and their legal representatives to advise that a formal Resolution of Council is required to finalise this matter.

Financial and resource considerations

All costs associated with the dedication of the public road through part Lot 420 DP 874393 and release of the existing Right of Carriageway including Council’s legal costs, survey work, plan preparation and registration fees will be borne by the applicant.

It should be noted that at the time of provision of land owners consent when the development application was lodged in 2010, there was no reference made to financial compensation.

Legal /Policy

Lot 420 DP 874393 is classified as ‘operational’ land under section 31 of the LG Act, therefore the surrender of land for the purpose of creating a public road is permissible over the parcel of land.

Section 377(1)(h) of the LG Act states that the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property is a non-delegable function meaning a Resolution of Council is required for such purposes.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Acquisition and Disposal of Land Procedure allows for the disposal of land and to achieve strategic outcomes and in such situations, best value may comprise financial, environmental or social elements, with a price falling below the “market value” range.

Risk

There are no adverse risks in granting consent for the creation of a public road over part Lot 420 DP 874393 as the land is already burdened by a Right of Carriageway along the alignment of the new road proposed to be dedicated to Council.

Attachments

1 ⇩. Proposed Plan of Subdivision of Lot 2432 DP 793758 Lot 4 DP 1077434 Lot 1510 DP 1077898 and Lot 420 DP 874393

Council 27 November 2019

Item 11.3

11.3. Lease to Horizon Credit Union

Council approval is sought to offer Horizon Credit Union Limited further tenure of ten (10) years for their continued occupation of Shop 1, Twyford Hall at Market Street, Merimbula. Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of ten (10) years to Horizon Credit Union Limited for their continued occupation of Shop 1, Twyford Hall at Market Street, Merimbula.

3. That Horizon Credit Union Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

Executive SummaryThe current lease agreement for Horizon Credit Union Limited (HCUL) to occupy Shop 1, Twyford Hall at Market Street, Merimbula is due to expire on 30 January 2020.

Twyford Hall Incorporated (THI) is responsible for the management of the complex, including Shop 1 in accordance with the Management Deed (Deed) and has formally advised Council that they wish to grant HCUL with further tenure of ten years.

Background

Council resolved at its Ordinary Meeting of 25 October 2017, when considering the options for the ongoing management of the Twyford Hall complex in Merimbula, as follows:

1. That Council note the report.

2. That Council enter into a management deed with Twyford Hall Inc. to manage the Twyford Complex for a period of 15 years (5+5+5years).

3. That the General Manager and Mayor are authorised to execute the required documentation.

4. That Council staff work with Twyford Hall Inc. to bring a further report to Council on the question of ownership of the Twyford Complex.

Following the resolution, Council entered into a Deed with THI on 27 November 2017. Pursuant to the Deed all management responsibilities for the complex have been delegated to THI. THI is a non-profit incorporated association that manages the operation, development and maintenance of the complex on behalf of Council for the benefit of the community. Council also adopted a Plan of Management (PoM) dated 9 November 2010, for the use and development of the community land and facilities which THI are required to adhere to in managing the complex.

In accordance with the Deed THI retains all payments in relation to the use of the complex on trust for Council for the purpose of delivering the management services under the Deed. This includes the income received from the commercial premises associated with the complex.

HCUL has occupied Shop 1, Twyford Hall since 2010 under the terms of exclusive lease agreements. THI have formally advised Council that they would like to grant HCUL with a ten year lease for their continued occupation of the commercial space know as Shop 1, Twyford Hall. HCUL have plans to renovate the bank façade and THI are of the opinion that having HCUL commit to long term tenure is a good outcome for the complex.

For completeness it is noted that a further report was presented to Council’s Ordinary Meeting dated 10 October 2018 in relation to the question of ownership of the Twyford Complex at point four of the above mentioned resolution. Council resolved as follows:

1. That the report be noted.

2. That Council not support the proposal by Twyford Hall Incorporated to have the trusteeship of Twyford Hall transferred to an independent trustee.

3. That Council continue with the current ownership/management model as defined by the existing Deed of Management Agreement (2017) and the adopted Plan of Management (2010).

Options

The options available to Council are:

1. Accept the recommendation provided by THI to grant further tenure of ten years to HCUL for their continued occupation of Shop 1, Twyford Hall at Market Street, Merimbula and resolve accordingly.

2. Carry out a public tender process for the use of the commercial premise. Noting in light of the management responsibilities conferred to THI under the terms of the Deed and that Shop 2 is currently vacant, continuing with the current occupancy arrangements is the preferred option at this stage.

3. Maintain vacant possession of the premise for other community purposes. Noting this option will significantly impact on the operation of the Twyford Hall complex as all income goes into the maintenance, repair and upgrade of the complex.

Community Engagement

Consultation undertaken

Council officers have discussed the proposed extension of tenure with representatives from THI who have indicated HCUL would like additional long term tenure of Shop 1, Twyford Hall.

Consultation Planned

Council officers intend to issue ten years tenure, therefore in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant a lease, in respect of community land for a period exceeding 5 years, it must:

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

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

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

Council consideration of input

It is noted that section 46A(3) of the LG Act provides that a lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation. Therefore, in order to maintain transparency and avoid any suggestion of impropriety, Council needed to ensure that entering into direct negotiations with the current lessee was appropriate in this instance.

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

1. The PoM gives express authorisation for the granting of leases for commercial activities over Twyford Hall complex;

2. THI have been delegated all management responsibilities for the complex and have requested HCUL occupation be extended for a further ten years;

3. THI have engaged Opteon Property Group to prepare a market rental valuation and HCUL will be paying a full commercial rate for their occupation of Shop 1 which goes towards the maintenance, repair and upgrade of the complex for community use.

4. The costs involved in carrying out a market testing/pubic competition process are considered uneconomical in this situation as Shop 2, Twyford Hall is also vacant as are many other shop fronts in the main street of Merimbula;

5. Council officers will be advertising the proposed lease renewal in accordance with the provisions of section 47 of the LG Act to give anyone interested an opportunity to make comment on the proposal;

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

Financial and resource considerations

THI are in the process of obtaining an updated market rental assessment to determine the starting rental figure per annum, which will be increased annually by CPI (All Groups –Sydney). In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

Liaison with external legal representatives will be required to arrange the new lease documentation and ongoing management of the lease during the term will also require Council officer resources.

Legal /Policy

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing Shop 1, Twyford Hall at Market Street, Merimbula to be occupied by the current tenant for a further term as long as the use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

Attachments

Nil

Council 27 November 2019

Item 11.4

11.4. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 6 November 2019.Director Assets and Operations

Officers Recommendation

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

EAT Festival Merimbula - 8 March 2020

Eat Merimbula is a food festival celebrating local produce and local chef talent within the Sapphire Coast

1. That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 5.00pm on Sunday, 8 March 2020 for Eat Merimbula Food Festival.

2. That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only but deemed to be a two-lane closure for safety purposes.

3. That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

4. That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 8 March 2020 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

8. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

Far South Coast National Show (Bega) February 2020

An application has been received from the Bega AP&H Society Inc. for the annual Far South Coast (Bega) Show on 14, 15, and 16 February 2020.

The Bega AP & H Society Inc requests the following:

· Use of Bega Park as a car parking area for the duration of the Show

· Use of the East street land for camping, parking of caravans and horse floats etc

· General clean up of the area adjacent to the Showground prior to the show

Recommendation:

1. That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 14, 15, and 16 February 2020 for the Far South Coast National Show.

2. That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 14, 15, and 16 February 2020 for the Far South Coast National Show.

3. That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

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

Rainbow Wave Festival – Merimbula February 2020

An application has been received from Headspace Bega for The Rainbow Wave Festival to be held on 22February 2020. This is a Mardi Gras Style event in celebrating our local LGBTI Community.

This event was previously held at Oaklands Events Centre Pambula, attracting over 400 people. Due to the overwhelming response, Headspace are requesting that this event be moved to Merimbula Town Centre with a Street Parade followed by live music and performances.

Suggestion as per Event Organiser

1. That, subject to conditions, sections of Beach Street and Market Street, Merimbula be temporarily closed between 11.00am and 6.30pm on Saturday, 22 February 2020 for the Rainbow Wave Festival street parade and performers.

2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street and Market Street, Merimbula between Palmer Lane and Merimbula Drive, Merimbula be temporarily closed between 11am and 6.30pm on Saturday, 22 February 2020 for the Rainbow Wave Festival street parade and performers.

3. That the proposed traffic arrangements involving the temporary closure of Market Street and Beach Street, Merimbula for the Rainbow Wave Festival street parade and performance on Saturday, 22 February 2020, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

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

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

The recommendations were supported unanimously by the Committee.

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

Attachments

1 ⇩. Combined EAT Merimbula 2020 Application

2 ⇩. Combined Far South Coast Bega Show Application 2020

3 ⇩. Combined Rainbow Wave Festival Feb 2020 Application

Council 27 November 2019

Item 11.5

11.5. Revised Candelo Pool Fees and Season Length 2019/20 Season

This report provides an overview on necessary repairs to the Candelo pool shell, the need for specialist contractors and the repair process, and a proposed way to mitigate impacts on the community.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. The 2019/20 Candelo Pool season be extended until the ANZAC Day public holiday (Monday 27 April 2020).

3. Candelo Pool admission fees be reduced to $2 for all pool entry and half price for season passes for the remainder of the 2019/20 pool season.

Executive Summary

During preparations for the 2019/20 pool season at Candelo Pool, issues were identified with the structural integrity of the pool. As a result, extensive investigations were undertaken with a remediation plan developed. The cause impacts and proposed course of action are further outlined below.

Background

Repairs to the expansion joint and significant render remediation work on the Candelo Pool shell are scheduled to commence on Monday, 25 November 2019.

The major defects identified, that stem back to the pool’s construction in 1996, were discovered after layers of paint were stripped during preparations for the planned pre-season repainting of the pool.

Council has worked closely with civil and structural engineers to firstly determine the extent of the issues and identify the correct course of treatment and the materials required. The extent of the problems were not anticipated given the relatively recent construction of the pool that was handed over to Council by the community.

The remediation works required are of a specialist nature and National Concrete Solutions (NCS), who will undertake the work, specialise in concrete solutions for the commercial, industrial and civil sectors, importantly including the remediation of concrete infrastructure.

There are product drying and curing times related to both the rendering repair work and the repainting. Once the work is complete the pool needs to be filled, water treated, and the pool commissioned to meet standards for use.

The identification of the defect, investigation of a repair, engaging suitably experienced contractors and the delivery of the works will significantly delay the opening of the pool, now slated for late January ahead of the 2020 competition season.

Community Engagement

It is understood that the situation is frustrating for regular users of the Candelo Pool, however it is important that the repair work is completed properly to make it safe and prevent this being a problem in the future.

A media release has recently been circulated outlining the situation now that further clarity on remediation timeframes has been provided by the contractor. In addition, staff have remained in contact with the Candelo School as a key pool stakeholder and user group, particularly to support arrangements for their fourth term 2019 annual swimming programs to be transferred to Bega Pool.

To recognise the significant impost on users of Candelo and area it is recommended that season passes are reduced to half price and pool entry reduced to $2 for all admissions for the Candelo Pool. It is also recommended that the season for the Candelo Pool is extended until the ANZAC day public holiday (27 April 2020). The proposed extension will enable collection of information on pool use and water temperatures in April.

Attachments

Nil

Council 27 November 2019

Item 12.1

12.1. 2018-19 Annual Report

Council’s 2018-19 Annual Report is presented for the information of Councillors. The report is required to be lodged with the Office of Local Government by 30 November 2019.

General Manager

Officer’s Recommendation

That the 2018-19 Annual Report be endorsed and published on Council’s website, hard copies be placed in Council’s libraries and notification of publication sent to the NSW Office of Local Government.

That Council note the further extension requested of the Office of Local Government following Council’s resolution of 18 September 2019 for the annual Financial Statements which will be reported separately to Council when signed off by all parties.

Executive SummaryThe 2018-19 Annual Report has been prepared to comply with the legislative requirements and guidelines and to review achievements against the 2018-19 Operational Plan. The Annual Report must be provided to the Office of the Local Government by 30 November 2019. It will also be published on Council’s website and hard copies placed in Council’s libraries.

At the same time a notation on the web site will be published to note the identified error in the tabulating of Councillor Expenses in the 2017-18 Annual Report and include a link to the correct table as reported to Council at the meeting on 30 October 2019.

The final audit process is also well underway with some final matters relating to buildings and land revaluations which are still under consideration. The audited financials will be reported to Council and published at the first meeting after the receipt of these from the Office of Local Government.

Background

In accordance with Section 428 of the Local Government Act 1993, each year Council is required to produce an Annual Report that provides details of the organisation’s activities and finances over the period of the previous financial year. The NSW Office of Local Government also provides Guidelines for the development of the Annual Report and requires a copy of the report for its records.

The Annual Report is one of the key points of accountability between Council and our community. Under the Integrated Planning and Reporting framework, the Annual Report focuses on Council’s achievements towards the 2017-2021 Delivery Program and also includes information prescribed by Clause 217 of the Local Government (General) Regulation 2005 and other statutory information.

Attachments to the Annual Report are an itemised update against the adopted 2018-19 Operational Plan by Community Strategic Plan theme area and usually the Council’s Audited Financial Report for the period.

Council has been granted an extension in time to have the annual financial statements audited. Consequently, the initially published 2018-19 Annual Report will not include the Audited Financial Statements, Notes and Information, and financial information included in the body of the Annual Report will be labelled as unaudited and subject to change. The published document will be updated as soon as the audited financial statements, notes and associated information are available. This approach is in line with advice from the Office of Local Government.

Correction to 2017-2018 Annual Report

The Annual Report for 2017-18 was prepared and the document, without the attached financials, reported to Council on 21 November 2018.

In the published Annual Report 2017-18, there was a translation error in the Councillor Expenses table on Page 54 the document.

The correct table, as reported to Council on 30 October 2019, will be linked to the report on Council’s website.

Community Engagement

The Annual Report is one of the key points of accountability between Council and our community. Through the promotion of this report, Council is able to demonstrate achievements and demonstrate financial transparency.

Legal /Policy

Under the Local Government Act 1993 within five months after the end of the financial year, Council must prepare a report as to Council’s achievements in implementing its delivery program and the effectiveness of the principal activities undertaken in achieving the objectives at which those principal activities are directed.

The Annual Report must contain information required under the Local Government Act 1993 the Local Government (General) Regulation 2005 and other relevant legislation and guidelines including:

· Disability Inclusion Act 2014

· Environmental Planning and Assessment Act 1979

· Government Information (Public Access) Act 2009

· Government Information (Public Access) Regulation 2018

· Public Interest Disclosures Act 1994

· Public Interest Disclosures Regulation 2011

· Swimming Pools Act 1992

· Swimming Pools Regulation 2018

· Special Rate Variation Guidelines

· Companion Animals Guidelines

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Annual Report outlines Council’s achievements in implementing its Delivery Program 2017-2021.

Attachments

Nil

Council 27 November 2019

Item 12.3

12.3. Transfer of the management for Narira Village Complex at Cobargo

Sapphire Coast Tenancy Scheme (SCTS) has notified Council that the management of their tenancies and properties will be merged into the operations of Southern Cross Housing (SCH) on 1 December 2019 and approval is therefore sought to assign the current, under the Property Management Agreement for Narira Village Complex, to SCH.Director Assets and Operations

Officer’s Recommendation

1. That Council approve assignment of the Property Management Agreement for Narira Village Complex from Sapphire Coast Tenancy Scheme to Southern Cross Housing from 1 December 2019 to 31 October 2020.

2. That the Mayor and/or General Manager be authorised to execute the necessary documentation.

Executive SummaryCouncil has received advice from Sapphire Coast Tenancy Scheme (SCTS) that they have entered into an agreement with Southern Cross Housing (SCH) to take over their operations from 1 December 2019. SCTS are requesting Council approval to assign the remaining term under the Property Management Agreement for Narira Village Complex to SCH.

Background

Council resolved at its Ordinary Meeting of 12 August 2015, when considering the options for the ongoing management of the Narira Village Complex in Cobargo, as follows:

1. That Council note the report.

2. That Council acknowledge the work of Sapphire Coast Tenancy Scheme in managing the Narira Facility over the past four years.

3. That Council authorise the General Manager to execute a further agreement with Sapphire Coast Tenancy Scheme for up to five years.

Following the resolution, Council entered into a Property Management Agreement with SCTS which commenced on 1 November 2015 and expires on 31 October 2020.

As detailed in the attached letter SCTS and SCH have been in discussion for some time regarding an amalgamation of their organisations and have now entered into a formal arrangement for the tenancies and properties managed by SCTS to be merged into the operations of SCH effective from 1 December 2019. Council has received a request from both parties that the remaining term under Property Management Agreement be assigned to SCH with all obligations and commitments currently in place being agreed to be honoured by SCH.

Given SCH is a highly successful tier 1 community housing provider based in the South Coast it is suggested that Council approve the assignment to minimise interruptions to the tenants that currently occupy the Narira Village Complex units.

Prior to 31 October 2020 when the current Property Management Agreement is due to expire Council officers will undertake a review and present a further report to Council for consideration.

Options

The options available to Council are:

1. Approve the assignment of the current Property Management Agreement to SCH as recommended in this report. This option will allow a smooth transition of the organisations with little interruption to the current tenants.

2. Provide approval for SCTS to surrender the remainder of their Property Management Agreement term, with Council officers conducting a further public expression of interest process for the management of the complex. This option would require Council to take on management responsibilities until a new community housing provider was appointed to manage the complex. Given community housing providers are required to undertake an accreditation process to ensure that a minimum standard of housing and housing management systems are in place this option is not considered the most appropriate at this time.

Community Engagement

Consultation undertaken

Council officers have discussed the proposed assignment of management responsibilities with representatives from SCTS and SCH who have indicated that a transfer of the remaining term under the Property Management Agreement is their preferred option at this time. Consultation Planned

If Council approval is granted Council officers will issue a new Property Management Agreement to SCH, with the same obligations and commitments that are in place with SCTS, until 31 October 2020.

Council officers will, over the next twelve months, carry out an assessment of the ongoing risks and responsibilities regarding the management of community housing complex and provide a further report to Council.

Financial and resource considerations

There is no financial burden on Council, other than the responsibilities as owners of the property and there is a reserve currently held by Council for the complex for this purpose. These funds were accumulated over time by the S355 Committee up to June 2011. SCTS provides for the operations and maintenance of the property, via rent and Government rent assistance payments and also holds money in trust on Council’s behalf.

SCTS have been advised by Council officers that the money they hold in trust on Council’s behalf will be required to be transferred to Council prior to any assignment of the Property Management Agreement being executed by Council.

Legal /Policy

There are liability risks associated with the operation of community housing, particularly relating to the duty of care towards tenants. Council needs to ensure it is able to adhere to the legislative requirements for the management of the facility. Social housing providers are required to manage tenancies in accordance with the Residential Tenancies Act 2010 (NSW).

The Registrar of Community Housing holds office under section 10 of the Community Housing Providers (Adoption of National Law) Act 2012 (NSW) and is responsible for administering the National Regulatory System for Community Housing (NRSCH) in NSW. Given the requirements associated with the operation of community housing conferring management responsibilities to an accredited community housing provider is suggested.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing Narira Village Complex to be managed by SCH for the remaining term of the Property Management Agreement as long as the use is authorised by way of a formal agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇩. Council report dated 12 August 2015 regarding the management of Narira Village Complex

2 ⇩. Letter from Sapphire Coast Tenancy Scheme regarding management of Narira Village Complex dated 12 November 2019

3 ⇩. Letter from Southern Cross Housing in relation to assignment for Narira Village Complex

Council 27 November 2019

Item 12.4

12.4. Code of Conduct Statistical Reporting 2018/2019

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

General Manager

Officers Recommendation

That Council note the report.

Executive Summary

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

Background

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

Part 12 Reporting on Complaints Statistics

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

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

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

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

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

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

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

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

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

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

Legal /Policy

Bega Valley Shire Council reported to the Office of Local Government as required, prior to 30 November 2019, for the reporting period 1 September 2018 to 31 August 2019 as outlined in the table below:

Number of Complaints
1	a	The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct	4
	b	The total number of complaints finalised in the period about councillors and the GM under the code of conduct	6
Overview of Complaints and Cost
2	a	The number of complaints finalised at the outset by alternative means by the GM or Mayor	3
	b	The number of complaints referred to the Office of Local Government under a special complaints management arrangement	0
	c	The number of code of conduct complaints referred to a conduct reviewer	3
	d	The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer	0
	e	The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer	0
	f	The number of finalised code of conduct complaints investigated by a conduct reviewer	2
	g	The number of finalised code of conduct complaints investigated by a conduct review committee	0
	h	The number of finalised complaints investigated where there was found to be no breach	0
	i	The number of finalised complaints investigated where there was found to be a breach	2
	j	The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	0
	k	The number of complaints being investigated that are not yet finalised	0
	l	The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs	$30,066

Attachments

Nil

Council 27 November 2019

Item 16.1

16.1. Cr Russell Fitzpatrick - Two proposed amendments to the adopted Code of Meeting Practice

Notice of Motion

1. That Council place the following proposed amendments to the adopted Code of Meeting Practice on public exhibition, and invite public submissions on these amendments:

a. Amend item 9.14 to read “Questions may be asked at the meeting on a matter on the agenda of the meeting, a matter of which notice has been given in accordance with clauses 3.10 and 3.14, or ask Questions Without Notice on matters of performance, strategy, or policy at a meeting. A Councillor may ask a maximum of two Questions Without Notice at each meeting”

b. Amend item 4.12 to read “Each speaker will be allowed present five(5) minutes to address the Council and with the approval, of Councillors, an additional two minutes may be allowed.”

2. That following the exhibition period a report be presented to Council, to consider any submissions and resolve appropriately, on the Code of Meeting Practice and include a resolution which appropriately amends the Order of Business for Ordinary Council meetings a required at clause 8 of the Code of Meeting Practice.

Background

In order to allow Councillors to ask questions without notice on strategic and policy matters I believe that including a clause in the Code of Meeting Practice will ensure key matters of concern for the community are able to be on the public record. I note that these questions should not be on operational matters as these must be addressed through the formal Council process and the Council meetings are for decision making.

In relation to public addresses at Public Forums on items on the agenda Council has previously allowed for a two-minute extension with the concurrence of the Councillors. At the time of adopting the Code it was noted that if after trialling the new forum this needed to be addressed it could be.

I propose that these two amendments be placed on public exhibition with a call for submissions and that a report come back to Council after the exhibition period to adopt any amendments to the Code of Meeting Practice.

Cr Russell Fitzpatrick

Attachments

Nil

Council	27 November 2019
*Item 8.1 - Attachment 2*	Amended concept layout for Mandeni

Council	27 November 2019
*Item 9.1 - Attachment 2*	27.11.19 ATTACHMENT 2_Summary of Community Engagement Strategy feedback and officer responses

Council	27 November 2019
*Item 11.1 - Attachment 1*	Council Report dated 28 May 2014 Licence for land - Short Point Reserve

Council	27 November 2019
*Item 11.2 - Attachment 1*	Proposed Plan of Subdivision of Lot 2432 DP 793758 Lot 4 DP 1077434 Lot 1510 DP 1077898 and Lot 420 DP 874393

Council	27 November 2019
*Item 11.4 - Attachment 1*	Combined EAT Merimbula 2020 Application

Council	27 November 2019
*Item 11.4 - Attachment 2*	Combined Far South Coast Bega Show Application 2020

Council	27 November 2019
*Item 11.4 - Attachment 3*	Combined Rainbow Wave Festival Feb 2020 Application

Council	27 November 2019
*Item 12.3 - Attachment 1*	Council report dated 12 August 2015 regarding the management of Narira Village Complex

Council	27 November 2019
*Item 12.3 - Attachment 2*	Letter from Sapphire Coast Tenancy Scheme regarding management of Narira Village Complex dated 12 November 2019

Council	27 November 2019
*Item 12.3 - Attachment 3*	Letter from Southern Cross Housing in relation to assignment for Narira Village Complex

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

27 November 2019

Staff Reports –Planning And Environment

27 November 2019

8.1. Finalisation of Planning Proposal for properties previously reported at Millingandi and Tura Beach (Mandeni)

Officer’s Recommendation

Outcomes of Submissions

Attachments

Council

27 November 2019

Staff Reports – Community, Culture and Leisure

27 November 2019

Council

27 November 2019

Staff Reports – Infrastructure Waste And Water

27 November 2019

11.4. Bega Valley Local Traffic Committee

Officers Recommendation

EAT Festival Merimbula - 8 March 2020

Far South Coast National Show (Bega) February 2020

Recommendation:

Rainbow Wave Festival – Merimbula February 2020

Suggestion as per Event Organiser

Attachments

Council

27 November 2019

Staff Reports – Governance And Strategy

27 November 2019