Agenda of Council - 18 March 2020

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

18 March 2020

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 19 February 2020 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

6.1 Business growth opportunities...................................................................................................... 9

7 Urgent Business

8 Staff Reports – Planning and Environment

8.1 Planning Proposal for Rural Residential Land South Pambula............................................... 11

8.2 Delisting of fire destroyed local heritage items..................................................................... 152

8.3 Erection of Dual Occupancy & Carport 1060 Furners Road, Mogilla.................................. 176

8.4 Exhibition of Draft Local Strategic Planning Statement........................................................ 232

9 Staff Reports – Community, Culture and Leisure

9.1 Renew Our Libraries Phase Two................................................................................................ 324

10 Staff Reports –Economic Development and Business Growth

10.1 Requests for financial assistance - Eden Visitor Information Centre and Merimbula Tourism 348

11 Staff Reports – Infrastructure Waste and Water

11.1 Sapphire Aquatic Centre access................................................................................................ 352

11.2 Creation of drainage easement at 248 Auckland Street, Bega............................................ 409

11.3 Bega Valley Local Traffic Committee........................................................................................ 412

12 Staff Reports – Governance and Strategy

12.1 Community Strategic Plan and Survey..................................................................................... 418

12.2 Adoption of amendments to the Code of Meeting Practice................................................ 427

12.3 Classification of land acquired by Council............................................................................... 462

12.4 Australian Local Governement Association (ALGA) 2020 National General Assembly - call for motions...................................................................................................................................... 475

12.5 Office of Local Government Discussion Paper - Councillor Superannuation.................... 478

12.6 Bushfire Inquiry and Royal Commission.................................................................................. 481

12.7 Audit, Risk & Improvement Committee Recruitment........................................................... 484

13 Staff Reports – Finance

13.1 Finalisation of Mayoral Appeal Fund........................................................................................ 497

13.2 2018-2019 Financial Statements............................................................................................... 500

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

16.1 Bushfire Protection State Environmental Planning Policy.................................................... 622

17 Questions with Notice

17.1 Community Infrastructure Sports Program............................................................................ 624

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........................... 624

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 18 March 2020

Item 8.1

8.1. Planning Proposal for Rural Residential Land South Pambula

This report seeks Council’s resolution to submit a draft planning proposal for two deferred matters at South Pambula to the Department of Planning, Industry and Environment for Gateway Determination, based on the zoning and lot sizes detailed in this report.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council submit the Rural Residential Land South Pambula Planning Proposal (Attachment 1) to the Department of Planning, Industry and Environment for Gateway Determination.

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

4. That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

5. That should no material changes to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

Executive Summary

The purpose of this report is to seek Council’s approval for the deferred sites at South Pambula to be included in a Planning Proposal for lodgement with the Department of Planning, Industry and Environment.

Council’s Rural Residential Strategy identifies South Pambula as an area suitable for rural residential expansion, including both subject sites. This draft Planning Proposal will result in an additional 22 rural residential lots potentially being able to be approved through future subdivision development applications.

It is important to highlight that both sites have challenges with regard to access to the Princes Highway and this will require consultation with the NSW Roads and Maritime Service as part of the assessment of this Planning Proposal.

Background

The gazettal of Bega Valley Local Environmental Plan (BVLEP) 2013 resulted in a number of sites that were identified as ‘deferred matters’, that would be subject to further assessment and consideration by Council, including the two sites the subject of this report.

This report seeks a Council resolution to include the two subject sites in a Planning Proposal, with the amended zoning and lot sizes described in Table 1, for lodgement with the Department of Planning, Industry and Environment.

Table 1 - Property descriptions of subject land and proposed amendments

Site	Description	Current Zones (2002)	Exhibited Zones (2011)	Amended Zones (2019)	Exhibited Lot Sizes (2011)	Amended Lot Sizes (2019)	Lot Yield
1	LOTS 451-452 DP 747031, PART LOT 1 DP 1088971 and PART LOT 453 DP 747031	1(a)	RU2	E4	120HA	5HA	2 Lots existing 2 Lots additional
1	PART LOT 453 DP 747031	1(a)	RU2	E4	120HA	1HA	5 Lots
2	LOT 711 DP 1128593	1(a)	RU2	E4 and E2	120HA	2HA 8HA	12 Lots 1 Lot
	TOTAL						22 Lots

These sites were originally included as part of the Southern Rural Residential Zones Planning Proposal, which was submitted to the Department of Planning in 2014. The Department provided advice to Council on 18 December 2014 encouraging the withdrawal of this Planning Proposal until such time as a strategic assessment of the rural residential potential in the Bega Valley Shire was completed. Following this advice, Council resolved, at its meeting of 13 December 2017:

“That the matter be deferred until the report to Council on the Rural Lands Strategy is considered”.

A Rural Residential Strategy has now been prepared, which includes South Pambula as an area suitable for rural residential expansion, including both subject sites. This draft Strategy was considered by the NSW Department of Planning, Industry and Environment, and publicly exhibited from 15 October to 17 November 2019. A final Strategy, that considered feedback received during exhibition, was adopted by Council at its 5 February meeting and referred to the NSW Department of Planning, Industry and Environment for endorsement.

As the strategic assessment requested by the NSW Department of Planning, Industry and Environment has now been substantially completed, Council is in a position to re-consider the Planning Proposal for the subject sites at South Pambula.

Objectives of the Planning Proposal

1) To provide additional supply of rural residential living opportunities to meet future demand in the Pambula and South Pambula areas.

2) To clearly identify the appropriate development potential for the abovementioned deferred matters.

3) To retain the proposed E2 zone along environmentally sensitive land of Site 2 located along Nethercote Road.

Description of the Sites and Recommendations

Site 1 Lots 451-453 DP 747031 Lloyd Street/Princes Highway, South Pambula

Lots 451-453 DP 747031 (Site 1) is approximately 21 hectares in size and adjoins the southern edge of the existing South Pambula residential area. The site was deferred from BVLEP 2013 subject to further investigation of its potential for residential land. That analysis, known as the ‘Zenith Review 2013’ concluded the land was unsuitable for standard residential development. Consequently, Council officers proposed an E4 Environmental Living zoning for the land with a 1 hectare lot size as part of the ‘Pambula and South Pambula Residential Land’ Planning Proposal. This Planning Proposal was endorsed by Council at its meeting of 7 May 2014, but subsequently rejected by the Gateway Panel citing concerns around flora and fauna, bushfire, highway access and land supply.

Council officers undertook detailed consultation with NSW Environment, Energy and Science (EES) (formerly Office of Environment and Heritage), NSW Rural Fire Service (RFS) and NSW Roads and Maritime Services (RMS), including site visits. Based on these consultations and further site studies, a revised zoning pattern and minimum lot size was proposed.

In response to this consultation, Council resolved at its meeting 20 July 2016 to support an E4 zone with a 1 hectare lot size applied to the substantially cleared, eastern section of the property and a 5 hectare minimum be applied to the western, more heavily vegetated section of the property.

This Planning Proposal is consistent with that Council resolution.

Site 2 Lot 711 DP 1128593 23 Summerhill Road, Greigs Flat

Lot 711 DP 1128593 (Site 2) occupies the small rural valley to the south of Summerhill Road, Pambula and is approximately 40 hectares in size. The owner of the site has submitted a Planning Proposal for the site that seeks to have the property zoned E4 with a split of 2 hectare and 8 hectare minimum lot sizes. Council had previously resolved at its meeting 20 July 2016 to support an E4 zone and lot size of 5 hectares.

As with Site 1, this property faces significant highway access challenges. The site’s owners are currently in discussion with the owners of Site 1 and another neighbour to the north with a view to developing a comprehensive access strategy for the three properties with a new highway intersection. Recent advice from the RMS confirms that the existing access arrangements for Summerhill Road and the speed limit for a section of the Princes Highway are being reviewed.

Officers have provided detailed feedback to the owners’ consultant with regard lot yield, access, on-site sewage management and native vegetation. The Department of Planning, Industry and Environment also requested further investigations of local land supply to justify the rezoning of this site.

Council have since prepared a Rural Residential Strategy, which was considered by Council at its meeting of 5 February 2020. This Planning Proposal is consistent with the findings of the Rural Residential Strategy 2020 as these sites have been identified as Area 4 within the Pambula catchment. The summary of findings of the Strategy conclude there is insufficient supply in the Pambula catchment to meet the projected needs to 2040 and therefore limited additional rural residential zoning is supported in the areas identified.

Figure 1 - Proposed land use zones

Figure 2 - Proposed lot sizes

There is limited supply of available rural residential land in the South Pambula area. Research undertaken with local real estate agents as part of the Rural Residential Strategy 2020 indicated there is a strong demand for additional rural residential land within in the catchment, specifically within the locality of South Pambula.

This Planning Proposal seeks to rezone the land as per Council’s resolution of 20 July 2016 to support E4 Environmental Living, while retaining the 1.25 hectare strip of land along Nethercote Road exhibited as E2 Environmental Conservation, however it seeks to apply an 8 hectare minimum lot size to the eastern portion of the lot and a 2 hectare minimum lot size to the remainder of the site.

Description of the Changes

Changes to Zoning and Lot Sizes

SITE

DESCRIPTION

CURRENT ZONING

EXHIBITED ZONES (2011)

AMENDED ZONES

EXHIBITED LOT SIZES (2011)

AMENDED LOT SIZES

LOTS 451-452 DP 747031, PART LOT 1 DP 1088971 and PART LOT 453 DP 747031

PART LOT 453 DP 747031

1(a)

1(a)

RU2

120ha

5ha

1ha

LOT 711 DP 1128593

1(a)

RU2

E4 and E2

120ha

2ha and 8ha

Community Engagement

Consultation has been undertaken with agencies including NSW Department of Planning, Industry and Environment, Roads and Maritime Services, Rural Fire Service and former Office of Environment and Heritage to date.

If adopted by Council, these two sites will be placed on public exhibition following Gateway determination for the Department of Planning, Industry and Environment.

Strategic alignment with the Rural Residential Strategy 2020

These sites have been identified as Area 4 within the Pambula catchment in the Rural Residential Strategy 2020. The summary of findings of the Strategy conclude there is insufficient supply in the Pambula catchment to meet the projected needs to 2040 and therefore limited additional rural residential zoning is supported in the areas identified. The summary for Area 4 is as follows:

Areas 1 and 4 – These areas are relatively unconstrained and contain lower quality agricultural land. The areas are sufficient distance from an existing agricultural activity likely to cause land use conflict, have good access to existing road infrastructure and are located close to existing rural residential development surrounding Pambula and South Pambula. Area 4 is partly subject of a Private Native Forestry Property Vegetation Plan and therefore is considered suitable for inclusion within this area.

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

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

Social / Economic Impacts

The objectives of the Rural Residential Strategy 2020 are 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 Subject Sites are located within the Pambula catchment, which is around 140 square kilometres and consists of seven localities whose daily needs are serviced by the town of Pambula. Within the catchment, Greigs Flat and Lochiel contain extensive areas of State Forest, parts of Pambula and Pambula Beach contain National Park and Lochiel, Bald Hills and Greigs Flat contain large areas of agricultural lands. Extensive areas of rural residential zoned land are spread throughout the catchment with minimum lot sizes ranging from 1 to 50 hectares. There is strong demand for rural residential opportunities within the catchment Table 2).

Table 2 – Summary of rural residential land supply and demand within Pambula catchment

Localities	Bald Hills, Broadwater, Greigs Flat, Lochiel, Pambula, Pambula Beach, South Pambula
Rural Residential Zones	Total Ha.	1376
Rural Residential Zones	% Shire’s total	16
Rural Residential Supply	No. Occupied lots	341
	No. Vacant lots	57
	No. Potential Additional lots	55
	No. Original Holdings	23
	Total Supply	135
Rural Residential Demand	% of Shire’s demand	14
	Forecast demand per annum	18.37
	Forecast demand to 2040	386
Gap Analysis	Dwelling supply shortfall to 2040	251
Gap Analysis	Years supply remaining	7
Estimated supply from rezoning recommendations	Total Ha. No. lots	298 135-269

The Subject Sites form part of Area 4 which is recommended for future rural residential land which will account for approximately 22 lots of the estimated supply from rezoning recommendations.

Attachments

1 ⇩. Planning Proposal Rural Residential Land South Pambula

Council	18 March 2020
*Item 8.1 - Attachment 1*	Planning Proposal Rural Residential Land South Pambula

PDF Creator

Council 18 March 2020

Item 8.2

8.2. Delisting of fire destroyed local heritage items

This report seeks a Council resolution to submit a planning proposal for Gateway Determination to remove the local heritage listing from 10 properties that have been destroyed by bushfire.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Supports a planning proposal to remove local heritage listing of properties where the major structure has been destroyed by bushfires and removal of listing is supported by the property owner.

2. Authorises Council officers to forward the planning proposal (Attachment 1) and supporting information to the Department of Planning, Industry and Environment requesting expedition of the Gateway Determination under section 3.22 (1)(c) of the Environmental Planning and Assessment Act 1979.

4. Authorises Council officers, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required, to progress the planning proposal to finalisation and gazettal without a further report to Council.

Executive Summary

This report seeks Council’s support to submit a draft planning proposal to the Department of Planning, Industry and Environment to amend Schedule 5 – Environmental Heritage of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). This amendment would remove 10 properties from Council’s local heritage list, where the major structure on the property has been recently destroyed by bushfire.

The planning proposal is administrative in nature and will remove the statutory mechanism that protects the heritage significance of these properties, on the basis that the heritage significance of the properties no longer exists and the landowners support the proposed delisting.

The removal of the heritage listing on these properties may assist affected landowners with increased flexibility with the design and construction process and may allow them to utilised development provisions under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). It will also ensure that BVLEP 2013 is accurate and up to date.

Background

This planning proposal responds to the recent bushfires that have destroyed heritage listed properties in Cobargo and Quaama villages, as well as properties in Kiah and Nungatta.

The properties subject to this planning proposal have been assessed as destroyed by the NSW Rural Fire Service during its on-site assessments following the fires.

Council is committed to assisting people affected by the bushfires in the recovery and rebuilding process. This planning proposal is a proactive step in assisting affected landowners whose properties are heritage listed under BVLEP 2013 and have been destroyed by the bushfires.

The planning proposal does not involve any works. It removes properties from Council’s local heritage schedule (Schedule 5 of BVLEP 2013).

While three of the heritage listed properties are also located in the Cobargo heritage conservation area, the planning proposal does not recommend any changes to the existing boundaries of this area.

Implications

The intended outcome of the planning proposal is to remove the statutory mechanism that protects the heritage significance of these 10 properties. As the heritage-listed properties no longer exist, these statutory controls should no longer apply to these sites.

The planning proposal ensures that landowners will not have to rebuild in accordance with the statutory controls that apply when properties are listed under Schedule 5 of BVLEP 2013. In some cases, NSW Government deemed approval pathways may be used where the Codes SEPP applies.

The planning proposal will also ensure that Council’s BVLEP is accurate and reflective of the heritage value of the properties at these sites.

Subject land

The planning proposal applies to the following properties:

· 1 Cobargo Street QUAAMA NSW 2550 (Lot 1 Sec 2 DP 758860)

· 25-27 Cobargo Street QUAAMA NSW 2550 (Lot 3 Sec 5 DP 318028; Lot 1 DP 318028)

· 8 Bermagui Road COBARGO NSW 2550 (Lot 1 DP 1169111)

· 5 Wandella Road COBARGO NSW 2550 (Lot 3 DP 794010)

· 5 Bega Street COBARGO NSW 2550 (Lot 4 Sec 1 DP 1460)

· 59 Princes Highway COBARGO NSW 2550 (Lot 1 DP 306281)

· 66 Princes Highway COBARGO NSW 2550 (Lot 5 DP 1134)

· 72 Princes Highway, COBARGO NSW 2550 (Lot 2 DP 1134)

· 1551 Nungatta Road NUNGATTA NSW 2551 (Lot 10 DP 750206)

· Princes Highway KIAH NSW 2551 (Lot 68 DP 750223)

Details of these properties are contained in Attachment 1.

Options

This report recommends removing the local heritage listing from 10 properties on the basis that the structures that were of heritage significance have been destroyed such that those values no longer exist. Council could resolve not to proceed with the planning proposal and leave the properties on Schedule 5 of the BVLEP 2013.

Community Engagement

Consultation undertaken

Council has held preliminary discussions with the Department of Planning, Industry and Environment and NSW Office of Heritage on the process involved in finalising the planning proposal. The planning proposal (Attachment 1) has been prepared in accordance with these discussions.

The owners of the affected properties have been contacted individually by Council staff to advise them of the proposal and discuss any issues or questions they may have. No objection to the removal of the heritage listing were expressed by any of the landowners.

Consultation Planned

It is proposed to write to the Planning Secretary requesting that the planning proposal is expedited under Section 3.22 (1)(c) of the Environmental Planning and Assessment Act 1977. As part of this request, Council may be granted exemption from the usual formal community and government agency consultation required by the Gateway Determination.

Notwithstanding, Council will follow any community consultation requirements as per the Gateway Determination and Council’s Community Engagement Strategy, where appropriate.

Council consideration of input

Should agency or community consultation be required for the planning proposal, a report will be prepared for Council outing the submissions received and any changes to the planning proposal recommended in response to those submissions prior to resolving whether to proceed with amending BVLEP 2013.

In the event that no formal consultation of the planning proposal is required, no objections to the planning proposal are received from landowners and no changes are required to the planning proposal, it is proposed that Council resolve to authorise staff to adopt the proposed amendment to BVLEP 2013.

Financial and resource considerations

The planning proposal is a procedural matter for Council as part of the recovery and rebuilding process following the bushfires. The costs associated with preparing the planning proposal and finalising the new local environmental plan will be accommodated within Council’s adopted operational budget.

Funding source		Amount
General Fund	$	500

Legal /Policy

The planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018).

Council intends to forward the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

Council intends to write to the Planning Secretary requesting that the planning proposal is expedited under Section 3.22 (1)(c) of the Environmental Planning and Assessment Act 1979.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

In seeking to remove the redundant heritage listings on the subject properties, the planning proposal is consistent with Strategy 26 of the Bega Valley Shire Community Strategic Plan – ‘Lead, govern and regulate in an ethical, equitable, transparent and accountable way’.

The proposal is not inconsistent with the South East and Tablelands Regional Plan.

Environmental / Sustainability

It is not anticipated that there will be any risks to ecology or biodiversity as a result of the planning proposal. It is considered that new development will be of a similar scale and nature to what stood before the fires and as such, the impact of such development on the environment will be minimal.

Economic

The planning proposal ensures that landowners will not have to rebuild with consideration to the statutory controls that apply when properties are listed under Schedule 5 of BVLEP 2013. In some cases, NSW Government approval pathways may be used where the Codes SEPP applies, which could provide a faster and cheaper option for landowners.

Risk

It is not considered that there is any material risk to Council in proceeding with the planning proposal. The planning proposal is administrative in nature as the heritage values of the properties to be removed from the heritage schedule no longer exist.

Social / Cultural

The planning proposal will have positive social impacts for landowners and the wider Bega Valley Shire community by removing the redundant heritage listings and assisting in the rebuilding process.

Attachments

1 ⇩. Draft Planning Proposal: Delisting of Heritage Items Destroyed by Bushfire

Council 18 March 2020

Item 8.3

8.3. 2019.351 Erection of Dual Occupancy & Carport 1060 Furners Road, Mogilla

Director Community Environment and Planning

Applicant	Rob Henry Architects
Owner	Rosalind E Ransome and Simeon Richard Gilding
Site	Lot: 18 DP: 882669, 1060 Furness Road Mogilla
Zone	RU1 – Primary Production
Site area	80.57 hectares
Proposed development	Erection of a dwelling and carport to create a detached dual occupancy

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

The variation requests an increase to the 100-metre maximum dwelling separation for a detached dual occupancy in the RU1 zone, as required under Clause 4.2D(2)(c) of BVLEP 2013.

Officer’s Recommendation

That Council:

1. Assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of BVLEP 2013.

2. Approves the variation to Clause 4.2D(2)(c) to permit erection of a dwelling and carport to create a detached dual occupancy as proposed on Lot 18 DP 882669, 1060 Furners Road, Mogilla.

2. Approves the Development Application subject to the draft Conditions of Consent (Attachment 4).

Executive Summary

The application seeks approval to erect a dwelling and carport to create a detached dual occupancy on the site. Clause 4.2D(2)(c) of the BVLEP 2013 requires each dwelling for a detached dual occupancy to be within 100 metres of each other. The Development Application seeks a dwelling separation of 267 metres.

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

Description of the proposal

The applicant seeks erection of a dwelling and carport to create a detached dual occupancy with a 267-metre dwelling separation (see Attachment 2 – Development Plans). An existing access from Furners Road will service both dwellings. The proposed dwelling will have its own on-site sewage management system (OSM), solar power supply, tank water and wireless telecommunications.

Description of the site

The site is described as Lot 18 DP 882669 and has an area of 80.57 hectares. The site is located approximately 8 kilometres south of Bemboka (see Attachment 1 – Locality Plan).

The site retains a dwelling, ancillary structures for farm purposes and a commercial olive orchard. The site contains various riparian corridors, both vegetated and cleared grazing lands and three enclosed Crown road reserves.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 5).

The Planning Assessment details that the site is suitable for development and the proposed dwelling is located at appropriate distances from sensitive riparian corridors and can meet both OSM and bushfire asset protection zone (APZ) requirements. Measures have been taken to ensure that significant on-site vegetation can be protected from site disturbance. Access to the proposed dwelling would be via the existing driveway off Furners Road.

Staff highlight below the key issues of the proposal for Council’s consideration.

Zoning

The land is zoned RU1 Primary Production under BVLEP 2013. The application is seeking approval under Clause 4.2D(2)(c) of BVLEP 2013. The application is compliant with Clause 4.2D, except with the required 100 metre separation between dwellings.

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

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

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

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

The applicant has provided justification for varying the maximum dwelling separation for the subject site (Attachment 3).

Objectives of the zone

The objectives of the RU1 zone are:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

· To encourage diversity in primary industry enterprises and systems appropriate for the area.

· To minimise the fragmentation and alienation of resource lands.

· To minimise conflict between land uses within this zone and land uses within adjoining zones.

· To encourage development for tourism-related activities and other development that is compatible with agricultural activities, which will not adversely affect the environmental and cultural amenity of the locality.

· To maintain and protect the scenic value and rural landscape characteristics of land in the zone.

For reasons outlined in the following, it is considered that the variation to the minimum separation of dwellings to 267 metre will satisfy the objectives of the RU1 Primary Production zone.

The positioning of the dwelling will not conflict with existing farm practices on site nor impact on surrounding rural land uses. It will maintain the scenic values and rural landscape character of the locality by positioning the building away from vegetated areas and be located so as not to be viewed from public vantage points.

Objectives of the development standard

The objectives of Clause 4.2D of BVLEP 2013 (dual occupancies (detached) in Zone RU1 and Zone RU2) is “to provide alternative accommodation for rural families and workers, and to ensure development is of a scale and nature that is compatible with the primary production potential, rural character and environmental capabilities of the land.”

It is considered that the erection of a dwelling and carport to create a detached dual occupancy would achieve the objectives of the zone. The proposed dwelling will be used by the owner. Its positioning would not reduce the existing agricultural production of the site and would maintain existing drainage and vegetated areas.

Whether compliance with the standard is unreasonable or unnecessary

The proposed dwelling is suitable in scale, character and form for the rural setting and the proposed 267 metre separation from the existing dwelling will not impact on rural landscape views within the locality. The existing dwelling will be used for workers accommodation and the proposed dwelling occupied by the land owners. The dwelling would be sited to minimise impact on the existing commercial olive orchard operations, its associated farm infrastructure, on-site livestock grazing, and agricultural uses in the surrounding locality. Site constraints detail that placement of a dwelling within 100 metre of the existing dwelling is impractical due to topography and existing farm practices.

Council officers are satisfied that a precedent would not be created by the variation to the 100-metre setback and compliance with it is considered to be unreasonable and unnecessary.

Whether there are sufficient environmental planning grounds

In assessing the application, consideration has been given to the site attributes, including topography, access, ecology, and the general character and amenity of the local area.

Analysis of site constraints demonstrates the 267-metre separation of dwellings is suitable on environmental grounds.

The existing dwelling is surrounded on three sides by undulating vegetated riparian corridors and the commercial olive orchard (Figure 1). The existing dwelling site also accommodates farms sheds, machinery and equipment for primary production and leaves insufficient space for an additional dwelling and OSM operations within 100 metres of the existing dwelling.

The proposed 267 metre dwelling separation achieves appropriate setbacks and space for OSM from sensitive riparian corridors and waterways, reduces the need for tree removal for construction and APZ establishment, as well as cut and fill.

The proposal also ensures an appropriate APZ can be maintained and access to the proposed dwelling site is suitable where internal driveways are well maintained.

Council officers conclude there are adequate environmental planning grounds to warrant variation to the 100-metre dwelling separation in this instance.

Figure 1 - 100m buffer around existing dwelling and proposed dwelling site

Community Engagement

The Development Application was notified to adjacent and adjoining owners with no submissions received during the notification period.

Financial and Resourcing Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s 2019-20 budget.

Legal /Policy

The reporting of this Development Application for determination by Council is consistent with the requirements Circular PS 18-003 in assuming the concurrence of the Secretary for Planning.

Impacts on Strategic/Operational/Asset Management/Risk

Strategic Alignment

The proposal is consistent with Goal 8 of Council’s Community Strategic Plan: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that met local needs.

Environment / Sustainability

The proposal seeks to limit the environmental impacts of the development and to support the ongoing sustainability of agricultural activity on the land.

Risk

The assessment of development is a core function of Council. The recommendation to approve this proposal does not materially increase the level of risk associated with that function. There are no material impacts on Council’s operations or assets associated with the proposal to approve an additional dwelling on this land.

Social / Cultural

The proposal to add an additional dwelling on the site does not make a material difference to the broader social and cultural fabric of the Shire; however, it does contribute to providing additional housing and protecting agricultural land.

Attachments

1 ⇩. Attachment 1 - Locality Plan

2 ⇩. Attachment 2 - Development Plans

3 ⇩. Attachment 3 - Applicant's submission - Reasons to justify variation to a development standard

4 ⇩. Attachment 4 - DRAFT Consent

5 ⇩. Attachment 5 - 4.15 Assessment

Council 18 March 2020

Item 8.4

8.4. Exhibition of Draft Local Strategic Planning Statement

This report seeks a resolution of Council to publicly exhibit the draft Local Strategic Planning Statement.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft Local Strategic Planning Statement (Attachment 1) for not less than 42 days.

2. That Council officers prepare a further report to Council following conclusion of the exhibition period.

Executive Summary

Council’s first draft Local Strategic Planning Statement (LSPS) has been prepared in collaboration with numerous government agencies, business and community stakeholders, Councillors and Council staff from across the organisation. The draft LSPS is a planning tool that provides direction for land use in the Bega Valley Shire through to 2040.

This report recommends that the draft LSPS be publicly exhibited to seek additional community feedback, and a further report be submitted to Council following exhibition summarising feedback and any recommended changes to the draft.

Background

The purpose of the draft LSPS is to provide direction for land use in the Bega Valley Shire through to 2040. The NSW Government requires all regional councils to adopt a LSPS by the end of June 2020.

The draft LSPS builds on and consolidates an array of strategies and policies that identify desirable land use outcomes for the Shire and includes planning priorities, strategic directions and actions that will guide decisions about how land will be used.

The draft LSPS is primarily informed by the Bega Valley Shire Community Strategic Plan 2040 and the South East and Tablelands Regional Plan 2036, adopted and draft Council strategies including the Rural Residential Strategy, draft Climate Resilience Strategy, draft Residential and Commercial Land Strategies and a range of stakeholder feedback.

The draft LSPS focuses on economic, social and environmental planning issues that affect the whole of the Shire and identifies how we will plan for growth and change that complements our unique character and landscape. It will ensure growth and change can be properly managed into the future with regard to transport, housing, open space and recreation, the natural environment, our changing climate, the character of our towns and villages and local Aboriginal culture.

The LSPS will be implemented through amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013), Bega Valley Development Control Plan 2013 (BVDCP 2013) and infrastructure contributions and delivery plans. Future strategic land use planning work programs will be prioritised in accordance with the adopted planning priorities and actions of the LSPS. The document will be subject to review every 5-7 years, in accordance with the Environmental Planning and Assessment Act 1979.

Options

During stakeholder engagement that informed the development of the draft LSPS, a range of ideas, views, visions, key concerns, and possible solutions were put forward by participants.

Council has the option to change any of the priorities, directions and actions in the draft LSPS (Attachment 1) before it is publicly exhibited. However, it is recommended that Council resolve to place the draft LSPS on public exhibition. Council will then be able to consider the matters raised in any submissions received during the exhibition period when the further report is presented to Council.

Community Engagement

Consultation undertaken

Community engagement for the draft LSPS to date was carried out in accordance with Council’s Community Engagement Strategy and draft Community Engagement and Communications Toolkit. The project was assessed to be Level 3 – Involve on the IAP2 spectrum. Council has worked directly with interested and affected parties to develop a draft LSPS that contains achievable actions in the context of relevant regulations and policy.

The draft LSPS is built on visioning work carried out by Council in the development of the Bega Valley Community Strategic Plan 2040 and involved collaboration with staff from across Council, including strategic planning, water and sewer services, strategic assets, and economic development.

A number of individual elements which fed into the draft LSPS have recently been developed, including a Rural Residential Strategy, a draft Commercial Land Strategy, a draft Residential Land Strategy and Aboriginal cultural heritage mapping. Stakeholders that were involved in the development of these projects included land owners, business owners, representatives of community groups, interested community members and Councillors.

Consultation planned

Formal public exhibition of the draft LSPS is proposed for a period of not less than six weeks. Notices will be placed in the local newspapers, Council News, Council’s website and on Council’s social media channel. Hard copies of the draft will be placed in all Council libraries as well as public locations such as post offices during the exhibition period.

During this period submissions can be lodged via email, letter or on line via the ‘Have your Say’ section of Council’s website.

In addition to the exhibition of the whole document, a short online survey will be hosted on Council’s website. The aim of this survey is to try to engage a wider range of the community, particularly the 18-35 year age group, in the project. The survey will enable Council to collect feedback about how people rank the planning priorities as well as link people through to the whole document to encourage a further submission. The survey will be promoted through Council News and on Council’s social media channel.

Council consideration of input

This report recommends that Council place the draft LSPS on public exhibition. Following public exhibition, a further report will be submitted to Council summarising any submissions received during the exhibition period and recommending any amendments to the draft.

Financial and resource considerations

The preparation of the draft LSPS and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2019-20 budget.

Funding source		Amount
General Fund	$	5000.00

Legal /Policy

Exhibiting the draft LSPS is consistent with Council’s obligations under the Local Government Act 1993 and Environmental Planning and Assessment Act 1979 to seek community input into strategic planning matters.

This draft LSPS has been prepared in accordance with clause 3.9 of the Environmental Planning and Assessment Act 1979. The LSPS will inform changes to planning controls within the LEP and DCP and inform other Council policies, such as developer contributions, infrastructure plans and use of public land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft LSPS addresses the following outcomes of the Bega Valley Community Strategic Plan 2040:

• Outcome 1: Active and healthy communities

• Outcome 2: Employment and learning opportunities

• Outcome 3: Sustainable living

• Outcome 4 Liveable places

• Outcome 5: Connected communities.

The draft LSPS also addresses the following goals of the South East and Tablelands Regional Plan 2036 to create a connected and prosperous economy and the direction to promote business activities in urban centres. It aims to achieve the following actions from the plan:

• Goal 1: A connected and prosperous economy

• Goal 2: A diverse environment interconnected by biodiversity corridors

• Goal 3: Healthy and connected communities

• Goal 4: Environmentally sustainable housing choices

Environmental / Sustainability

The draft LSPS addresses the resilience outcomes identified in all key response areas of the draft Bega Valley Climate Resilience Strategy including: natural systems, preparing for natural hazards, liveable and connected places, safe, healthy and inclusive community, diverse and thriving economy, energy security and food security.

Economic

The draft LSPS supports the implementation of the draft Commercial Land Strategy, that once adopted, will help our economy become more resilient by encouraging diversity and employment generating opportunities. It also contains several directions and actions that support our economy; in particular the agriculture, aquaculture, forestry, tourism, industry and freight and transport sectors.

Risk

Exhibiting strategic planning documents is core business for Council and does not introduce new organisational risks.

The LSPS seeks to address risks associated with unplanned development of land within Bega Valley Shire, by providing clear direction about how land should be developed to meet community aspirations for the society, economy and environment that they wish to maintain and enhance within the Shire. It also seeks to provide individual land owners with a clear signal about whether their land is suitable for changed or increased intensity of use.

Social / Cultural

Exhibiting the draft LSPS provides an opportunity for local people to provide feedback on whether they feel the document supports their social and cultural aspirations.

Implementation of the LSPS will help our community become more resilient by encouraging employment generating opportunities, improving transport and housing options, enhancing local character and helping create more vibrant and activated public spaces which facilitate community connections, recreation and cultural activities.

Attachments

1 ⇩. Draft Local Strategic Planning Statement March 2020

Council	18 March 2020
*Item 8.4 - Attachment 1*	Draft Local Strategic Planning Statement March 2020

PDF Creator

Council 18 March 2020

Item 9.1

9.1. Renew Our Libraries Phase Two

This report seeks Council direction on public library advocacy activities to secure sustainable library funding into the future.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries Phase Two.

2. Make representation to the Member for Bega in relation to the need for sustainable funding from the NSW State Government for the provision of public library services through the inclusion of new funding arrangements in library legislation.

3. Write to the Minister for the Arts and the Shadow Minister for the Arts, calling for bi-partisan support for indexation of funding for NSW public libraries, as well as legislation of all elements of the current NSW library funding model.

4. Endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

5. Formally advise the NSW Public Libraries Association and Local Government NSW of Council’s decision regarding the public library funding advocacy initiative.

Executive Summary

The Public Libraries Association of NSW (NSWPLA) and Local Government NSW have launched Renew Our Libraries Phase Two, an advocacy campaign calling for a sustainable, indexed funding model for NSW public libraries to be included in legislation. These organisations seek support from local councils for the campaign.

Bega Valley Shirer Council (BVSC) formally resolved to support Phase One of the Renew Our Libraries initiative on 29 August 2018 along with 80% of NSW councils. Since then, there has been a commitment of $60 million in NSW Government funding for public libraries over the period 2019-20 to 2022-23.

Membership and use of BVSC’s library service is continually growing. Council’s budgeted expenditure for library services in 2019-20 is $1.524 million, with a funding contribution of $143,000 in annual subsidies from the NSW Government.

Background

The major annual subsidy towards operating cost of public libraries in the Bega Valley Shire from the NSW Government. This funding support is administered by the State Library of NSW. In 2019-20 BVSC received a total of $143,000 of subsidies through this funding program, with one component contributing towards library operating expenses ($100,000) and the remainder to an identified local priority project ($43,000).

Allocation for public library grants and subsidies has been increased, with a new model for the distribution of per capita subsidies and subsidy adjustment payments. The NSW Government provided a record funding package in the 2019-20 budget of $36.47 million, an increase on the 2018-19 budget of $28.8 million. BVSC saw an increase of $46,352 in library funding in 2019-20.

The Library Infrastructure Grants program, which was removed in 2018-19 ($4 million in 2017-18) was also reintroduced in the 2019-20 budget providing $6 million capital grants to public libraries.

These funding increases are most welcome but make a small contribution to the total cost of providing a public library service in the Shire.

Renew our Libraries Campaign

The NSW PLA is the peak body for public libraries in NSW with a key purpose to advocate effectively and strengthen the public library network. Full membership of NSWPLA is open to all local councils in NSW that have adopted the NSW Library Act 1939.

Renew Our Libraries Phase One Campaign

The 2018-19 NSW Budget delivered a 5% cut to current funding and cut access to all infrastructure funding for metropolitan areas. In response, NSWPLA and Local Government NSW launched the Renew Our Libraries advocacy campaign calling for increased funding for public libraries and sought the endorsement from NSW councils.

According to information provided by the NSWPLA, the Renew Our Libraries campaign:

• Secured $12.95 million increase in grants and subsidies for NSW Libraries in 2019-20 NSW state budget, the largest single increase in funding since the introduction of the Library Act in 1939

· Gained $60 million increase in public library funding over the period 2019-20 to 2022-23

· Obtained over 80% of NSW councils support for the Renew Our Libraries campaign through council resolutions

The Renew Our Libraries campaign report provided to councils is provided in Attachment 1.

Renew our Libraries Phase Two Campaign

In November 2019 NSWPLA launched Renew Our Libraries Phase Two, focusing on the future sustainability of library funding through cost of living indexation and protection via inclusion of new funding arrangements in library legislation.

The objectives of Renew Our Libraries Phase Two are:

· Indexation of the total increased NSW Government funding contribution to the Consumer Price Index (CPI) in perpetuity. Without indexation the actual value of this funding for NSW libraries will decline over time, leaving NSW councils to either meet the shortfall or reduce services.

· Protect the new funding commitment by including all elements of the new NSW Government funding model in legislation through the Library Act 1939 and/or the Library Regulation. Currently, only the per-capita component of the funding model (increasing from $1.85 per capita to $2.85 per capita over the four-year period 2019-20 to 2022-23) is included in library legislation, leaving 46% of the total funding for NSW libraries at risk.

These two simple measures will ensure that NSW councils continue to receive a significantly increased NSW Government contribution to the operation of public libraries, which will be protected by legislation and will not be subject to cost of living attrition over time.

This will also mean that the NSWPLA, its member councils and libraries across NSW can direct their funds and efforts to the ongoing support and development of high-quality library services for NSW communities.

The NSWPLA sees this as an opportunity to lock in the historic 2019 NSW Government funding increase for libraries once and for all, thereby ensuring the future prosperity of the NSW public library network.

NSWPLA is requesting all NSW councils to formally endorse the Renew Our Libraries Phase Two campaign at a Council meeting to secure a sustainable funding model for NSW public libraries in perpetuity.

Other Advocacy

The following motion (submitted by the Blue Mountains City Council) was unanimously endorsed at the Local Government NSW 2017 Conference:

That Local Government NSW works with the NSW Public Libraries Association (NSWPLA) to develop a strategic partnership to:

a) increase public awareness of the multiple roles that Local Government Public Libraries play in supporting the educational, social, cultural and economic outcomes in local communities

b) advocate, in the lead up to the March 2019 State election, for improved State Government funding for Local Government Public Libraries in NSW to enable public libraries to meet the growing needs of our local communities.

Council Resolution

On 29 August 2018, Council resolved:

· That Council welcome the announcement of the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23.

· That Council support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model.

· That Council endorse and support Renew Our Libraries to work with the Government to develop a sustainable future funding model with a view guaranteeing an appropriate level of ongoing and indexed state funding.

· The NSW Public Libraries Association has requested the support of NSW councils in its advocacy to State Government to develop a sustainable funding model for NSW libraries.

Options

The following options may be considered by Council:

1. To endorse the recommendations of the Renew our Libraries Phase Two campaign and publicly support its objectives.

2. Not to endorse the Renew our Libraries Phase Two campaign.

3. Undertake alternative advocacy on this matter. Councillors would need to identify this alternative approach.

Community Engagement

Consultation undertaken

Recent consultation undertaken as part of the development of the Library Strategic Plan .

No specific consultation has been undertaken with the community with regard to public library funding. In June 2018, the BVSC Library Service conducted an online customer satisfaction survey, with over 1,253 responses received.

Results of the survey show a very high level of satisfaction with BVSC library services (Figure 1)

Figure 1 – Results of 2018 BVSC library satisfaction survey

Financial and resource considerations

There are no material financial impacts associated with the recommendations of this report to advocate for library funding.

BVSC’s libraries continue to adapt service delivery in response to changing customer expectations. Operating costs reflect these changes. Key growth areas are associated with replacing and upgrading technology, internet costs, and building maintenance.

In recent years the library has achieved considerable efficiencies by restructuring staff resources, improving collection management process, by purchasing e-resources through a consortium of libraries in the region, and by reducing purchases of books, DVDs, newspapers and serials.

The anticipated cost of running the library service in 2019-20 is $1,524,000. Corresponding income sources are set out below.

Funding source 2019-20	Amount
General Fund	$1,108,000
Special rate variation	$204,000
Subsidy funding (State Government)	$100,000
Local Priority project (State Government)	$43,000
University of Wollongong Agreement	$40,000
Department Human Services Access Point (Bermagui)	$5,000
Fees and charges	$24,000
Total	$1,524,000

Legal /Policy

Under Section 22 of the Local Government Act 1993, councils may have functions conferred or imposed on them by other Acts, inclusive of the Library Act 1939.

NSW public libraries are managed by councils that have adopted the Library Act 1939. In accordance with the Act, public libraries are eligible for a range of services administered by the State Library and the Library Council of New South Wales. These include support and consultancy, library subsidy funding and other financial assistance.

Public libraries are required to provide services free of charge, inclusive of core educational and information services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 2: Employment and Learning Opportunities; Goal 4: We have meaningful employment and learning opportunities for people in all stages in life.

Revised Delivery Program 2017 – 2021 Actions: Expand the provision of services, information and education resources for the community and students in line with the Library Services Strategic Plan.

Risk

Sufficient funding is required to meet BVSC’s popular library services to match increasing community demand. An unindexed and unsustainable revenue model from the NSW Government increases the onus on BVSC to resource library services.

The Renew our Libraries campaign is political in nature, and a matter for the elected Council to determine whether BVSC should be involved.

Social / Cultural

Library services make a valuable contribution to the social and cultural life of the community. They are inclusive community spaces which are well utilised across the Shire by people of all ages, backgrounds and abilities. Libraries foster education, life-long learning, and community participation, and play an increasingly important role in providing access to emerging technologies.

Recent feedback outlining customer satisfaction with BVSC’s library services has been outstanding, confirming that libraries play a significant role in fostering a positive reputation of Council in the community.

Attachments

1 ⇩. Renew Our Libraries Wrap Up Report April 2019

Council 18 March 2020

Item 10.1

10.1. Requests for financial assistance - Eden Visitor Information Centre and Merimbula Tourism

This report recommends that Council provide financial assistance to Eden Tourism to relocate the Eden Visitor Information Centre to the Port of Eden Welcome Centre and decline to support Merimbula Tourism’s request to pay electricity costs at its Visitor Information Centre.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre.

2. That Council decline the request by Merimbula Tourism for financial assistance to cover electricity payments at the Merimbula Visitor Information Centre.

Executive Summary

This recommendation to provide financial assistance to Eden Tourism for the relocation of the Eden Visitor Information Centre (EVIC) from the Eden Library to Snug Cove is consistent with previous support provided to the Merimbula Visitor Information Centre (MVIC) in 2019 and helps deliver elements of Council’s Library Services Strategic Plan.

The recommendation to decline financial assistance to Merimbula Tourism is made on the grounds that Council already provides a range of support and assistance to MVIC, there are practical difficulties in utility metering at the MVIC, and it would be inequitable to provide financial support of this nature to just one of the Shire’s accredited Visitor Information Centres.

Background

Eden Tourism Request

Eden Tourism, in a letter to the General Manager dated 8 October 2019, has requested $25,000 in financial assistance. The sum requested is to offset costs (estimated to be $82,500) for the move of the EVIC from its current location in the Eden Gateway building to the new Port Authority of NSW Welcome Centre at Snug Cove.

After receiving a similar request for financial assistance, Council at its meeting on 19 September 2018, resolved (122/18) to provide $25,000 to Merimbula Tourism to assist in meeting Visitor Information Centre relocation costs. Granting the request from Eden Tourism is both consistent with the support given to Merimbula Tourism and demonstrates Council’s commitment to equitable investment in community and economic infrastructure.

EVIC is a current tenant in the Eden Gateway building. Council’s Library Services Strategic Plan 2020-2025 identifies Eden Library as a site requiring more space to meet desired benchmarks and performance indicators. Financially assisting the EVIC to relocate will support Council’s goals by making available the space currently leased to Eden Tourism to operate the EVIC.

If supported, financial assistance would be provided once a formal agreement is reached between Port Authority of NSW and Eden Tourism for the EVIC to operate from the new Welcome Centre at Snug Cove.

Merimbula Tourism Request

Merimbula Tourism, in a letter to the General Manager dated 21 November 2019, has requested financial assistance to cover the ongoing costs of electricity for the new MVIC located at Centrepoint Arcade, Merimbula. This request for financial assistance is based on Merimbula Tourism’s position that Council paying for the MVIC electricity costs is consistent with Council’s contribution to the previous MVIC operation at Beach Street, Merimbula, and is not a new form of support.

MVIC previously leased a Council-managed property and was not charged by Council for utility costs. EVIC and the Bermagui Visitor Information Centre currently occupy Council-managed facilities and are also not charged for utilities. Utility costs of Bega Visitor Information Centre are not paid by Council as it is operated from the Bega Cheese Heritage Centre, which is not managed by Council.

The decision to not charge for utilities relates to issues in accurately apportioning charges across tenants and uses where electricity meters are shared among premises. At Merimbula, a single meter supplies both the old MVIC site on Beach Street and the neighbouring Merimbula RSL War Memorial. Events at the War Memorial may use power from the single meter.

Merimbula Tourism estimates the support required will be up to $2,800 annually, based on the single electricity invoice received to date for the new location in the Centrepoint Arcade.

Council currently supports the Shire’s four accredited Visitor Information Centres (VICs) to meet their operational costs by making an annual financial contribution. In 2019-20 the total amount to be provided to the four accredited VICs is $92,430, with MVIC to receive $20,540. The Tourism Marketing Special Rate Variation collects the funds from which these allocations are made.

Council also provides discounted lease charges for VICs tenanting Council-managed properties.

Utilities not charged by Council to VICs are costs to Council’s Property Services section and met through the General Fund. Council officers are unaware of any cases whereby Council pays utility charges for separate organisations in third party premises.

Financial and resource considerations

The contribution towards relocation of the Eden VIC can be funded from the adopted 2020-21 budget for economic development.

Funding source		Amount
Eden Visitor Centre relocation – General Fund	$	$25,000

Attachments

Nil

Council 18 March 2020

Item 11.1

11.1. Sapphire Aquatic Centre access

Council approval is being sought to pursue revocation of a section of land for road with National Parks and Wildlife Service for access over Ben Boyd National Park to the Sapphire Aquatic Centre.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council make an application to NSW National Parks and Wildlife Service to pursue revocation of the road from the park under Section 188C of the National Parks and Wildlife Act 1974 (NSW).

3. That Council authorise the General Manager to execute all necessary documentation relating to the revocation of the road from the park under Section 188C of the National Parks and Wildlife Act 1974 (NSW).

Executive SummaryThe main access road to the Sapphire Aquatic Centre is currently on the adjoining National Park land and the encroachment needs to be addressed via execution of a formal licence agreement or a formal process of revocation of the road from the park under Section 188C of the National Parks and Wildlife Act 1974 (NSW). Background

Some time ago when the Sapphire Aquatic Centre was built in 2009 it was identified that the access road was not on Council managed Crown land being Lot 449 DP 720916 (Reserve 98164) but on the adjoining National Park land. At the time, Council received owners consent from NSW National Parks and Wildlife Service (NPWS) to allow the development of the pool, associated road upgrade and APZ. The attached Council report on this matter dated 9 May 2010 noted the need to pursue the matter of legal access post-determination of the development application. However, since land owners’ consent was obtained, and determination of the development application was granted for the construction no further arrangements have been made to rectify the encroachment or legalise access over the National Park land.

Council officers have been liaising with NPWS regarding a boundary adjustment to incorporate the access driveway into Council managed Crown land being Lot 449 DP 720916. NPWS have advised their preference is to provide Council with an access licence under section 153C of the National Parks and Wildlife Act 1974 (NSW) (NPW Act) as an option for dealing with Council’s access requirements. NPWS have advised revocation of the road from the park under Section 188C of the NPW Act is a possibility but would take time to enact and should only be pursued as a last resort.

If Council does not consider the licence to be a practical option, the NPWS revocation, re-categorisation and road adjustment policy states that only the Government (via a Cabinet proposal) and ultimately the NSW Parliament (via an Act of Parliament) can decide if land reserved under the NPW Act can be revoked.

Options

The options available to Council are:

1. Advise NPWS that Council does not agree to execute the licence agreement and wishes to pursue revocation of the road from the park under Section 188C of the NPW Act. Noting there will be unbudgeted compensation costs associated with any revocation process; OR

2. Council approve the proposal received from NPWS to enter into a ten (10) year licence agreement as means to formalise Council’s access to the Sapphire Aquatic Centre; OR

3. Maintain the status quo noting determination of the development application was on the basis that we would need to pursue the matter of legal access.

Community Engagement

Consultation undertaken

Council officers have been consulting with NPWS for some time regarding a possible boundary adjustment to incorporate the access driveway into the Council managed Crown land being Lot 449 DP 720916 (Reserve 98164). NPWS have requested Council to enter into the attached access licence as revocation of the road from the park would take time to enact and should only be pursued as a last resort. NPWS have advised the licence is a practical option for dealing with Council’s access requirements.

Financial and resource considerations

As detailed in the attached licence agreement the proposed licence fee is $2,500 plus GST per annum with an annual CPI increase for every subsequent year of the ten (10) year term. NPWS also require Council to pay $1,324 towards the costs of preparing the licence document. Given the costs associated with the proposed licence agreement Council officers do not consider the licence as a financially viable option and believe the revocation of the road from the park under Section 188C of the NPW Act should be pursued.

It is not known what compensation would be payable if Council pursue revocation of the road from the park under Section 188C of the NPW Act as NPWS have advised this will be determined on a case-by-case basis after consideration relevant to the size of the affected area, the natural and cultural heritage values of the site and the circumstances of the case.

Legal /Policy

NPWS have issued the attached access licence under section 153C of the NPW Act. If Council were to pursue revocation of the road from the park under Section 188C of the NPW Act in-principle ministerial approval to examine potential revocation would be required. NPWS would also need to seek the advice of the relevant regional advisory committee regarding the proposal.

An assessment of significance would be required to be prepared by Council to examine the effect of the adjustment on the size and value of the park. The assessment must address the following heads of consideration:

· Area and proportion of land to be removed from the park;

· Impacts on natural and cultural heritage of the park, including: flora and fauna, threatened species, populations or communities;

· Aboriginal heritage;

· Historic heritage (including any historic infrastructure associated with the road corridor);

· Any related impacts on the aesthetic, recreational, scientific or other environmental quality or value of the area;

· Were a setback is proposed to accommodate existing supporting infrastructure clear evidence that the extent of the setback proposed, and the infrastructure contained within the setback, are consistent with relevant technical road standards;

· Documentation and mapping of the existing supporting infrastructure that is to be included in the setback area.

After considering the assessment of significance, NPWS would prepare a briefing to the Chief Executive and Minister on the proposed road boundary adjustment. Road boundary adjustments must be approved by the Chief Executive, together with the approval of the Minister and any of the relevant parties identified in section 188C(4) of the NPW Act.

If approved, the road boundary adjustment shall be given effect by a notice published in the Government Gazette by the Chief Executive, which is to include certification from the Chief Executive that the adjustment will not result in any significant reduction in the size or value of land reserved under the NPW Act.

NPWS have advised adjustment of boundaries by a section 188C of the NPW Act notice will not affect native title rights and interests. Although advice on the impact on native title rights and interests by the revocation of land and subsequent vesting and transfer of revoked land should be sought.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

Public road encroachments onto private land can pose many problems and diminish Council’s ability for good governance and increase liability risks for Council and the public. Although there are numerous encroachments throughout the Shire this situation is relatively unique in that it provides practical access to a well utilised Council asset. Finalising the matter will protect Council’s long-term interests for this asset.

Attachments

1 ⇩. Proposed access licence over Ben Boyd National Park to Sapphire Aquatic Centre

2 ⇩. Council report dated 5 May 2009 regarding DA2009.89 Pambula pool upgrade

Council 18 March 2020

Item 11.2

11.2. Creation of drainage easement at 248 Auckland Street, Bega

Council have an opportunity to create an easement over part of its unsecured drainage network and upgrade the existing open channel network at 248 Auckland Street, Bega.

Director Assets and Operations

Officer’s Recommendation

1. That Council enter into a formal Deed of Agreement with the landowners of lot 711 DP 853096 at 248 Auckland Street, Bega for the acquisition of an easement for stormwater drainage.

2. That all costs associated with the stormwater drainage improvement works and the creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

3. That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement.

Executive Summary

In consultation with the landowners of lot 711 DP 853096 at 248 Auckland Street, Bega Council officers are proposing to upgrade the existing open channel network to improve stormwater drainage issues in the area. Given the Council asset will be contained in private property it is being proposed that an easement to drain water be created over the drainage line.

Background

For some time the landowners of lot 711 DP 853096 at 248 Auckland Street, Bega have raised the issue of a stormwater drainage problem at their property. Council officers inspected the issue and considered the site and all the constraints before providing the landowners with the following options to address these concerns:

Option 1:

· Reshape the open drain from the existing outlet along the southern boundary of lot 711 DP 853096;

· Clean out the blocked driveway drainage pipe;

· Remove placed material from the existing pipe outlet,

· Construct a “Rip-Rap” apron at the outlet to disperse flow and reduce velocities;

· Contact downstream adjoining neighbours regarding unlawful placement of material at the head of the natural drainage line.

Option 2:

· Construct a concrete (change of direction) pit at the outlet along the southern boundary of lot 711 DP 853096;

· Construct a new concrete drainage piped system to the northern side of the existing driveway (new location to avoid tree), backfill over pipe and re-establish driveway,

· Construct a “Rip-Rap” apron at the outlet to disperse flow and reduce velocities;

· Contact downstream adjoining neighbours regarding unlawful placement of material at the head of the natural drainage line.

At the time these options were provided to the landowner Council officers advised that prior to either of the above options being undertaken Council would require an easement to drain water over the drainage line.

The landowners have formally indicated to Council that their preference is to proceed with option 1 above and that they are agreeable to the creation of an easement over their land being lot 711 DP 853096 at 248 Auckland Street, Bega.

Options

The options available to Council are:

1. Proceed with the works proposed above as option 1 and formalise an easement to drain water over the drainage line at lot 711 DP 853096, 248 Auckland Street, Bega to address the stormwater drainage problem at the site; OR

2. Advise the landowners that Council does not agree to progress the works and maintain the status quo. Noting the stormwater drainage issue will continue to cause damage to private land holdings.

Community Engagement

Consultation undertaken

Council officers have been consulting with the landowners of lot 711 DP 853096 at 248 Auckland Street, Bega and their legal representatives regarding the options available to solve the stormwater drainage issue and have obtained the owners’ in-principle agreement to proceed with an acquisition of the necessary easement.

Financial and resource considerations

Council will bear full responsibility for all costs associated with establishing the easement, including any survey works, plan preparation, registration fees and legal costs (including the landowners reasonable legal costs capped at $1,500).

Council officers will also be involved in finalising the relevant easement documentation as will external legal providers to arrange registration of plan and transfer granting easement documents at Land Registry Services.

All costs associated with creation of the easement and the stormwater drainage improvement works detailed will be funded from Council’s Capital Drainage Budget and is estimated at $25,000.

Legal /Policy

It is a requirement under the Local Government Act 1993 (NSW) that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisition of an easement will proceed by way of agreement with the affected landowner. Council’s legal providers will prepare a Deed of Agreement, setting out the undertakings to do all things necessary to effect registration of the easement.

Council officers will engage a registered surveyor to prepare a consolidated plan of proposed easement to accompany a Transfer Granting Easement document which will also be prepared by external legal providers in accordance with the Registrar General’s Guidelines.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

If the proposed stormwater drainage problem at lot 711 DP 853096, 248 Auckland Street, Bega is not addressed damage to the private land holding will continue.

Attachments

Nil

Council 18 March 2020

Item 11.3

11.3. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 4 March 2020.

Director Assets and Operations

Officers Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 4 March 2020 to be tabled at the 18 March 2020 Council meeting.

ANZAC Day March & Service 2020 – Eden.

We have received the paperwork for the Eden ANZAC day march.

The submission is for the 2020 ANZAC Day Service in Eden. The participants will assemble from 10.00am, with the march to proceed between 10.00am and 12.00pm along Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden.

It is recommended:

1. That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Thursday, 25 April 2020 be approved and deemed a Class 2 Special Event.

2. That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Thursday, 25 April 2020 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Control Plans.

3. Approval to be given subject to a current Public Liability Insurance Certificate.

Attachment for ANZAC Day Eden in link below

Merimbula 40^th Anniversary Jazz Festival – 5-8 June 2020

A submission has been received for the 2020 Merimbula Jazz Festival which is proposed to include:

· The Jazz Festival Street Parade;

· The Jazz Festival “StreetFest”; and

· The Jazz Festival “Lakeside Lantern Walk”

which will all be held on Saturday, 6 June 2020.

The three events are proposed to be dealt with separately.

Merimbula Jazz Festival – Street Parade

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

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

It is recommended:

1. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival street parade.

2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival street parade and performance.

3. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade and performance on Saturday, 6 June 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.

Merimbula Jazz Festival – StreetFest

it is proposed to close of a section of Market Street between the intersection of Merimbula Drive and Beach Street. This proposed area will include the pedestrian signals. Following the music recital the section of Market Street between Merimbula Drive and Beach Street is proposed to remain closed until 8.00pm to facilitate the Jazz Festival “StreetFest” which will showcase buskers, bands, street stalls and other festival related activities.

It is recommended:

1. That, subject to conditions, a section of Market Street between the intersection of Merimbula Drive and Beach Street, Merimbula be temporarily closed between 10.00am and 8.00pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival “StreetFest”.

2. That, subject to conditions, Market, Merimbula between the intersections of Merimbula Drive and Beach Street be temporarily closed between 10.00am and 8.00pm on Saturday, 6 June 2020 for the Merimbula Jazz Festival “StreetFest”.

3. That the proposed traffic arrangements involving the temporary closure of Market Street, Merimbula for the Merimbula Jazz Festival “StreetFest” on Saturday, 6 June 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.

Merimbula Jazz Festival – Lakeside Lantern Walk

It is proposed that on the 6 June a parade for local pre-school and primary school children carrying homemade lanterns will proceed along the footpath from Spencer Park and finishing at the intersection of Market and Beach Street. The children will be under the control of teachers, parents and other responsible adults.

It is recommended:

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

Attachment for Jazz Festival in link below

Mother’s Day Fun Run – Sunday, 10 May 2020

A submission has been received from the Rotary Club of Merimbula to hold the Merimbula Mother’s Day Classic Fun Run on Sunday, 10 May 2020 between 8.30am and 1.00pm. The event involves a 5km and 10km course and does not require any road closures. The participants will be confined to footpaths and are required to give way to traffic. As a precaution, start times are staggered to reduce congestion and Marshalls will be employed in the locations where participants are required to cross the road, to ensure safety and minimise impact on traffic flow.

It is recommended:

1. That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 10 May 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.

2. That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 10 May 2020 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

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

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

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

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

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

8. That event organiser liaises with public transport operators

Attachment for Mother’s Day Fun Run in link below

Removal of Bus Signage St Patricks Primary School

This was discussed with members of the Local Traffic Committee as an informal item, then moved to Council Delegated Functions. We have received a request to have the bus sign removed from the entrance of the school on Belmore Street. This is no longer used as a bus stop but as a main thoroughfare to the school. The bus stop has been relocated to Gipps Street (in front of school hall).

It is recommended:

Council approve the removal of the existing Bus Zone on Belmore Street, Bega adjacent the Saint Patricks School.

Attachment of photo in link below

Road safety on Upper and Parker Street Bega

A CRM request was received from Michael Cortis in regards to poor line of sight for pedestrians and mobility scooter users at the intersection of Parker and Upper Street Bega.

It is recommended:

Council approve the relocation of the existing Loading Zone on Upper Street, Bega adjacent Bega Park to 20 metres to the east and change the loading zone to 6am to 6pm.

Attachment of email in link below

Wolumla Public School (late agenda item)

It is recommended:

Council approve the removal of the existing No Stopping zone adjacent to the Wolumla Public School.

Council approve the installation of a 15 minute parking zone between the hours of 8.30am to 9.30am and 3pm to 4pm Monday to Friday School Days for a length of 96 metres commencing at a point 22 metres east of the centreline of Bellbird Crescent.

Council approve the extension of the existing School Bus Zone adjacent the Wolumla Public School to be a total length of 50 metres and change the zone to a timed zone, 9am – 4pm Monday to Friday School Days.

Attachment of updated drawing in link below

Cobargo Post Office 15 minute parking zone (post meeting agenda item)

It is recommended:

That Council approves the installation of a 15 minute time restricted parking zone (8.30am-6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) on the eastern side of the Princes Highway, Cobargo adjacent the Cobargo Post office, starting at a point adjacent the southern end of the existing “No Stopping” zone for a distance of 12 metres southerly along the frontage of the Cobargo Post Office.

Attachment of photos in link below

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.

Link to documents: https://www.begavalley.nsw.gov.au/page.asp?f=RES-WJU-27-11-83

Attachments

Nil

Council 18 March 2020

Item 12.1

12.1. Community Strategic Plan and Survey

The Canberra Region Joint Organisation (CRJO) have recognised the synergies and efficiencies to be gained through developing a region-wide Community Strategic Plan and survey and this report seeks Council’s formal support of pursuing these projects.

General Manager

Officer’s Recommendation

1. Council participate in a CRJO coordinated project to develop a Regional Community Strategic Plan in collaboration with the member Councils of the CRJO.

2. Council support the development of a joint Regional Wellbeing Survey that includes data collection on community satisfaction in collaboration with the member Councils of the CRJO.

Executive Summary

The Community Strategic Plan (CSP) is the peak corporate plan within the Integrated Planning & Reporting suite as required by the NSW Local Government Act 1993. Staff are recommending Bega Valley Shire Council take a different approach to the development of the new CSP post the September 2020 election. Staff are currently participating in a CRJO Working Group to consider the development of a Regional CSP covering most of the CRJO councils. The vision for the CRJO Regional Community Strategic Plan is that it would provide a section on regional priorities along with various communities’ long-term aspirations based around the sub-regions of Tablelands, Alpine and Coastal. Each Council will have a chapter of information specific to their local government area within these sub-regions to allow for local advocacy and to provide the framework for each Council’s resourcing strategy, delivery program and operational plan.

The Working Group is also seeking to develop a Regional Wellbeing Survey that will provide an opt-in opportunity to also capture community satisfaction data to assist in development of the Regional CSP.

Each Council that has expressed an interest in these projects and joined the Working Group are now formally seeking their Council’s support.

Background

The Canberra Region is a unique and diverse geographic region which stretches from the South-West Slopes, through the Sydney-Canberra Corridor across the Eurobodalla down to the Sapphire Coast and then up to the Snowy Mountains.

The Canberra Region Joint Organisation (CRJO) provides a forum for councils, state agencies and other stakeholders to work together at a regional level to identify shared priorities. This approach helps to deliver important regional projects, delivering better outcomes for communities. The core objectives of joint organisations include: regional strategic planning and priority setting; intergovernmental collaboration; and regional leadership and advocacy. The CRJO often explores opportunities to collaborate and jointly procure services or deliver a program or project on behalf of member councils. Below are the CRJO member Councils.

Community Strategic Plan

The Community Strategic Plan (CSP) is the cornerstone document in the NSW Integrated Planning and Reporting (IPR) Framework. Under the provisions of Act, councils are required to facilitate the development of a CSP which encapsulates the community’s vision and their long-term aspirations for the region. The CSP constitutes the peak corporate plan within the Integrated Planning & Reporting Framework (see figure below) which now forms a central part of all councils’ corporate planning requirements as required by the Local Government Act.

CSPs tend to be high level, aspirational documents outlining what the community value and prioritise. Many of the areas articulated are reflective of the responsibilities, activities and programs of the State and in some cases Federal Government, and other organisations. A review of the CRJO member councils CSPs has been undertaken with many of the CSP high-level aspirations being very similar if not the same (see Attachment 1).

The IPR framework recognises that most communities share similar aspirations: a safe, healthy and pleasant place to live; a sustainable environment; opportunities for social interaction; opportunities for education and employment; and reliable infrastructure, but recognises each community has over time developed unique characteristics and strong senses of identity.

Building a CSP takes time and must involve a whole-of-community engagement process. It is important to note that whilst Council is the custodian of the CSP, it may not be responsible for the delivery of all of the activities the Plan identifies.

In the last round of Integrated Planning and Reporting (IPR) Goulburn Mulwaree, Upper Lachlan and Yass Valley Councils undertook a combined CSP process. The Tablelands 2016-2036 Regional Community Strategic Plan was a progressive approach, that whilst meeting the requirements of the Office of Local Government’s IPR Framework, presented a range of positive cooperative opportunities. Those Councils felt that the development of a combined CSP has worked well for them.

CRJO Regional CSP

It has been proposed by the CRJO and supported by the CRJO Board that following the 2020 local government election, that a region-wide approach be taken for the development of a Regional CSP. The NSW State Government has actively encouraged regional and rural councils to take a coordinated approach and to consider the option of developing region-wide CSPs.

It is envisaged that the Regional CSP will provide information on various communities’ long-term aspirations based around the sub-regions of Tablelands, Alpine and Coastal. Each Council will have a chapter of information specific to their local government area within these sub-regions. This approach will ensure that if there are ‘unique circumstances/aspirations’ which arise from the community engagement process that they are not lost within the ‘big picture’ analysis of the wider CRJO region.

The Goulburn-Yass-Upper Lachlan CSP took a similar approach where they set out the community aspirations within their respective areas as a result of the community engagement process.

Following the development of a Regional CSP, each individual Council will then develop and adopt their own Delivery Program for 2021-2025.

The benefits of this approach provide a high level but strategic document to present to State and Federal Governments and others supported by the various regional plans and also provides a Council specific chapter to allow for local advocacy and to provide the framework for each Council’s resourcing strategy, delivery program operational plan etc.

So far 9 of the 10 member Councils through the General Managers Advisory Group (GMAG) have expressed support in participating in the project. Wingecarribee Council have indicated that they do not wish to participate as they are already a long way into implementing a wellbeing measurement project of their own.

Community Satisfaction Survey

As part of the development of a CSP, as outlined above, there must be involvement of a whole-of-community engagement process. As part of this engagement process most Councils typically undertake community satisfaction surveys to inform the review of their strategic priorities in their IPR documents. Several CRJO Councils have already commenced this process for the next cycle (Eurobodalla and Wingecarribee for example). There would be potential in terms of a consistent approach and costs if Councils participating in this initiative considered undertaking this survey work together.

Community Wellbeing Survey

The measurement of community wellbeing and the factors that drive it are becoming more

prominent with a large number of countries now recognising the importance of measuring such, along with traditional economic markers, to provide accurate data to assist with policy development and implementation. Over the past decade detailed work has been produced on measuring wellbeing at the national level. A great deal of work is now being undertaken both within Australia and overseas to measure community wellbeing at the local level.

The CRJO Working Group, supported by the CRJO Board, are interested in undertaking a regionally coordinated approach to measure wellbeing within our communities. Such a project lines up with Priority Action 15 of the CRJO’s Statement of Strategic Regional Priorities. Outcome 15.1 states: Identification of issues, stakeholders and priority actions measured by recognition and support by individual councils and an improvement in well-being measures over time.

The Working Group and GMAG have viewed two differing international methods of measuring wellbeing. These consist of the Thriving Place Index and Happiness Pulse developed by Happy City in the UK and the Quality of Life Survey undertaken by a consortium of nine Councils within New Zealand on a biennial basis. Both take different approaches to measuring wellbeing but draw heavily from existing national and local databases. The Working Group will seek to develop a joint Regional Wellbeing Survey, taking guidance from existing models, that will also include optional data collection on community satisfaction for those Councils who have not yet undertaken community satisfaction research.

CRJO Position

In support of this direction to collaborate to deliver a CRJO CSP and a Regional Wellbeing Survey the GMAG established the Community Wellbeing and IP&R Working Group in September 2019. The Working Group met in Canberra on 25 October 2019 with the general consensus being supportive of the region-wide approach, particularly with the precedent and experience of members of the Working Group who assisted with the development of the Tablelands CSP.

At the CRJO Board meeting of 6 December 2019 the following was resolved:

That the CRJO Board note the proposal by the Community Wellbeing and IP&R Working Group to develop the following projects;

(1) Development of a Regional Community Strategic Plan,

(2) A joint Regional Wellbeing Survey and

(3) A joint community satisfaction aspect be incorporated into the Regional Wellbeing Survey and that each Council make a decision if they participate.

Another Community Wellbeing and IP&R Working Group meeting is scheduled for 13 March 2020.

Conclusion

The CRJO Board has endorsed the development of a Regional CSP and Regional Wellbeing Survey amongst its member Councils. Nine out of 10 of the councils (through the GMAG and Board) have supported the implementation of these projects as a regional coordination opportunity as advocated within the CRJO Statement of Strategic Regional Priorities. Pending Councils resolution to support this initiative, work on these projects needs to commence immediately to allow adequate time for the complex community engagement process to occur across the nine participating councils and to meet the tight statutory timeframes required by the Local Government Act 1993.

Options

Pathway

Pros

Cons

Proceed with Regional CSP and Regional Wellbeing Survey as per recommendation

There is an advantage to cooperating with our neighbouring CRJO member councils to identify community aspirations and collect data on community wellbeing on a regional basis. This information will greatly assist in the development and implementation of regional initiatives as well as providing good comparative data to assist with measuring the state of the region.

One of the biggest challenges to achieving the development of a Regional CSP will be the development and implementation of a community engagement strategy to define the various communities’ aspirations which make up the CRJO region. Work on this aspect of the plan’s development needs to get underway immediately in order to deal with the logistics of achieving this.

Decline participating in Regional CSP and Regional Wellbeing Survey

Council updates the CSP with a focus solely on the Bega Valley Local Government Area and internally manages the timelines associated with community engagement

There is a financial advantage in pooling resources with other Councils to undertake this work as many of the high level CSP aspirations are duplicated across the CRJO member Councils. The regional approach to high level planning also ensures greater leverage in advocacy and better alignment across LGA’s boarders for delivery of coordinated policies and assets for the betterment of the region filtering down into each community.

Community Engagement

Consultation Planned

A comprehensive community engagement strategy will need to be developed and implemented to adequately provide for the engagement of the communities participating in the development of the Regional CSP and Regional Wellbeing Survey. This work needs to commence immediately so that the required community views can feed into the development of the new CSP within the required statutory timeframes. The Local Government Act requires the new CSP to be in place by 1 July 2021. Taking into account that the community engagement needs to cover nine local government areas within the CRJO area, sufficient time needs to be set aside to allow for this to adequately occur.

Financial and resource considerations

There will need to be a level of financial commitment from Council to assist with the development of a Regional CSP and Regional Wellbeing Survey. It is proposed that $50,000 be budgeted for within the 2020-21 Draft Operational Plan to assist with the costs of developing and implementing the community engagement plan for the Regional CSP and undertaking the Regional Wellbeing Survey. Queanbeyan Palerang Regional Council is allocating $50,000 to just the CSP aspect of the project. This recommended allocation is $50,000 less than was committed by the Bega Valley in 2016/2017.

For reference the Tablelands CSP was approximately $70,000 for the three participating Councils. The three Councils divided up the costs by agreeing to a base rate that each Council would pay and the remainder to be calculated upon LGA population size. A similar equitable financial model will be sought for the CRJO Regional CSP and Regional Wellbeing Survey. It is acknowledged that the next version of the CSP will largely test the validity of the aspirations and goals of the community identified during the extensive Understanding our Place project in 2016.

Staff to support this project will be provided by existing Council resources.

Funding source

Amount

(Identified- for inclusion in draft 20/21 Op Plan)

General Fund- Regional CSP Development + Regional Wellbeing Survey

50,000

It is expected that this approach will be far less staff resource intensive than the last IPR process. Council resolved to reduce staffing in the area in 2017 and with recovery activities also requiring support this approach is seen as the most effective and efficient way to progress this required work.

Legal /Policy

NSW Local Government Act 1993- Section 402

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

If supported, the CRJO Regional CSP will lead the Integrated Planning and Reporting of the newly elected Council in 2020. The intention is that the Regional CSP will include a generic section on the CRJO region and regional priorities, a snapshot of the sub-regions of Tablelands, Alpine and Coastal followed by more detailed Council specific chapters.

Following the development of a Regional CSP, each individual Council will then develop and adopt their own Delivery Program for 2021-2025. This focuses clearly on the Council’s priorities, actions and outcomes for the period.

Environmental / Economic

The opportunity to apply a regional lens to environmental and economic issues presents a framework for more collaborative and innovative policies, programs and initiatives to surface across the CRJO geographical area. By working together there is economies of scale and a louder voice for advocacy with both the State and Federal Government.

Risk

The risk with a collaborative project of this nature is the capacity and willingness of all Councils to participate and provide the necessary financial and staffing resources. Early commitment from each Council (thus the timing of this report) along with a pro-active Working Group drawing on experiences from the Tablelands CSP will help to reduce this risk. Clear decision-making gateways will need to be determined and agreed to by the Working Group and GMAG.

Attachments

1 ⇩. ATTACHMENT_CSPComparison_CRJO

Council 18 March 2020

Item 12.2

12.2. Adoption of amendments to the Code of Meeting Practice

Adoption of proposed amendments to Council’s Code of Meeting Practice (Procedure 6.02.2)

General Manager

Officers Recommendation

That the draft Code of Meeting Practice exhibited from 9 December 2019 to 16 February 2020 be formally adopted.

Executive Summary

On 27 November 2019, Council resolved to publicly exhibit the following proposed amendments to the Code of Meeting Practice

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.”

Background

The current version of Council’s Code of Meeting Practice (Version 10) was adopted in June 2019 to align with the Office of Local Government’s (OLG) Model Code of Meeting Practice following a review undertaken by the OLG in 2018/2019.

The Model Code of Meeting Practice includes mandatory and non-mandatory clauses. Council’s adopted final Code of Meeting Practice must include all mandatory provisions of the Model Code. The Council Code may also incorporate non-mandatory provisions and other supplementary provisions.

A notice of motion was considered by Councillors on 27 November 2019 , to consider amendments relating to how Council deals with Question from Councillors and timeframes for those addressing Council at a Public Forum.

A copy of the amended Procedure 6.02.2 Code of Meeting Practice Version 11 is attached.

Options

There are proposed amendments in the submission provided (see attached). If Council wishes to consider these there would need to be a further period of exhibition, however this can be undertaken if so resolved.

Community Engagement

Consultation undertaken

A copy of the Code of Meeting Practice with the draft amendments was exhibited from 9 December 2019 to 16 February 2020.

Two (2) submissions were received and are attached. Additional amendments were proposed by those submitting, in summary:

· That the Chair of the meetings be given the discretion to allow for more than two questions to be asked by a Councillor on the one issue.

· That Speakers addressing the Public Forum be allowed to ask questions of council officials and Councillors.

· That of Council officials or Councillors decline to answer any such question, they must provide a reason for refusing to answer.

Financial and resource considerations

Work undertaken by staff in preparing draft documents, exhibition and distribution forms part of the day to day duties and does not require additional budget allocation.

Legal /Policy

The Code of Meeting Practice forms part of Council’s suite of policy and procedure documents under the Policy area 6.02: Behaviour of Councillors and Staff, and align with our Community Strategic Plan Community Ambition statements under “consultative leadership”.

The documents outline the procedures required to comply with amendments in 2016 to the Local Government Act 1993 by the Local Government Amendment (Governance and Planning) Act 2016. The Local Government (General) Regulations 2005, also outlines requirements for Councils.

Attachments

1 ⇩. Submissions - Code of Meeting Practice exhibited 9 December 2019 to 16 February 2020

2 ⇩. Procedure 6.02.2 Code of Meeting Practice Version 11 - amended

Council 18 March 2020

Item 12.3

12.3. Classification of land acquired by Council

This report seeks approval to commence a public notification process to classify land acquired at 16 Strudwicks Road in Bermagui as operational land under the Local Government Act 1993 (NSW).

Director Assets and Operations

Officer’s Recommendation

That Council give notice of its intention to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui as operational land under section 34 of the Local Government Act 1993 (NSW).

Executive Summary

A Council Resolution is being sought to commence the public notification process required under section 34 of the Local Government Act 1993 (NSW) (LG Act) to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui as operational land.

Background

Council resolved on 6 December 1988 to make an application to the Minister for Natural Resources to acquire portion 286 from Crown Lands for the Bermagui garbage depot and repay the purchase price of the site over time by annual instalments. The Minister replied to Council by letter dated 30 January 1989 offering the land on a special lease with a conditional purchase for the price of $215,000, subject to the payment of interest of 5% per annum. Council resolved on 28 February 1989 to accept the offer from the Minister. Applications were also made to the State Health Department for the approval of a garbage depot on the site.

Portion 286 also consisted of a Crown road reserve which was closed and consolidated into new lots 312 and 313 DP 728092 on 15 December 1989. The special lease was formally gazetted on 6 October 1989 and an application for conversion of the special lease dated 19 October 1989 was submitted to the Minister to enable Council’s conditional purchase of Lot 312 DP 728092 to progress.

The loan repayment was finalised on 3 December 2019 and Council has now received the original certificate of title which should now be classified as operational land under the LG Act to allow for its use as a waste depot.

Options

The options available to Council are:

1. Commence the public notification process to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui as operational land to allow for its use as a waste; or

2. Resolve not to commence the public notification process to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui as operational land. Any land parcels acquired that are not classified by a Resolution within 3 months, will at the end of the 3 months period be taken to have been classified under a Local Environmental Plan as community land. If Lot 312 DP 728092 was to revert to community land, the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land.

Community Engagement

Consultation Planned

Section 34 of the LG Act provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final Resolution to classify Lot 312 DP 728092 as operational land.

Financial and resource considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

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

Attachments

1 ⇩. Council report dated 6 December 1988 Proposed Garbage Depot Bermagui

2 ⇩. Council report dated 28 February 1989 Bermagui Garbage Depot

3 ⇩. Plan of subdivision of portion 286 creating Lots 312 and 313 DP 728092

4 ⇩. Government Gazette dated 6 October 1989 relating to Lot 312 DP 728092

Council 18 March 2020

Item 12.4

12.4. Australian Local Governement Association (ALGA) 2020 National General Assembly - call for motions

The Australian Local Government Association (ALGA) has called for Motions from Councils to be considered at the National General Assembly (NGA) to be held in Canberra from 14 to 17 June 2020.

General Manager

Officer’s Recommendation

1. That the Mayor, Councillors (to be determined) and the General Manager, or her delegate attend the ALGA 2020 NGA

2. That the following Motions for the ALGA National Assembly 2019 be forwarded to ALGA for consideration for inclusion in the Business Paper for the National General Assembly:

Insert Motions

Executive Summary

The 2020 National General Assembly of Local Government provides local government across Australia the opportunity to contribute to the important national discussion about the role of local government in national productivity, partnering, innovation and resourcing.

Background

ALGA is the peak national body representing local councils across Australia. The 2020 National General Assembly (NGA) of Local Government will be held” in Canberra from 14-17 June 2020.

The theme of the Assembly for this year is “Working together for our Communities.”

The program for the NGA will cover a wide range of issues, reflecting the diversity of local government and its interests across Australia.

Local Government is an essential part of the Australian system of government being democratically elected and ensures “good governance” of local communities throughout Australia, providing crucial local planning, services, programs and infrastructure.

The primary focus of all Motions should be to strengthen the capacity of local government to provide services and infrastructure in Australia. Providing clear actions within areas that are still emerging, supports Councils with the opportunity to influence the development of ALGA policy and advocacy by ALGA on Federal election commitments.

ALGA has called for Motions to be considered at the NGA to be forwarded by Friday 27 March 2020. Background can be found on the ALGA website Discussion Paper and 2019 Resolution responses. Motions submitted will be reviewed by the NGA Committee and State and Territory Local Government Associations to determine eligibility for inclusion in the NGA Business Paper.

To be eligible for inclusion in the NGA Business Papers, and then debated on the floor of the NGA, Motions must follow these listed principles:

1. Be relevant to the work of local government nationally.

2. Be consistent with the themes of the NGA.

3. Complement or build on the policy objectives of your State and Territory local government association.

4. Propose a clear action and outcome.

5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.

The following Motions have been suggested by Councillors for submission by Bega Valley Shire Council to ALGA for consideration for inclusion in the Business Paper for the National Assembly:

The Motions are:

Cr Cathy Griff

Motion:

That the General Assembly urge the Federal Government to include in the National Waste Policy a timeline to phase out and ban single use plastic bags.

National Objective:

Waste minimisation and recycling in the interests of environment and economy.

Summary of Key Arguments:

The government held a National Plastics Summit on 2nd March in Canberra, which was addressed by the Prime Minister and also ALGA’s president. There was much discussion about allocation of the $1.5 billion of waste levies to deliver local infrastructure. Given there is only a year before waste export ban on mixed plastics comes into effect, a range of solutions are urgently needed. Local communities are keen to reduce plastic waste. Federal leadership is needed for a strong stand to ban single use plastic bags – as has been achieved in over 130 countries worldwide.

Motion:

That the General Assembly call on the Federal Government to take immediate action to hasten financial relief promised to bushfire effected businesses and individuals.

National Objective:

Disaster recovery; Social cohesion; rural well-being.

Summary of Key Arguments:

Federal and State governments have announced a range of initiatives to assist those suffering the impact of last summer’s catastrophic bushfires. The reality is support has been slow to reach those in desperate need; guidelines are unclear; and responsibility is being shifted between different levels of government. The Federal Government could make the process far simpler and speedier by directing rebates through for example the ATO or via GST.

Motion:

That the General Assembly request the Federal Government to continue funding of the Bushfire and Natural Hazards Cooperative Research Centre

National Objective:

Environment and Climate Change; disaster recovery

Summary of Key Arguments:

The CRC is under threat of being defunded next June at a time when such expertise is vital to several government bushfire inquiries underway. The CRC brings together all emergency service authorities with research partners in universities, Bureau of Meteorology and relevant scientific fields with the goal of building disaster resilient communities. The national research effort generated by this body is more important than ever to Australian communities facing the hazards including fires, storms, and heatwaves.

Attachments

Nil

Council 18 March 2020

Item 12.5

12.5. Office of Local Government Discussion Paper - Councillor Superannuation

The Office of Local Government (OLG) has issued a discussion paper to seek the views of Councils and local communities on whether Councillors should receive superannuation payments.

Director Business & Governance

Officer’s Recommendation

That Council receive submissions from the public and Councillors to form a response to the Office of Local Government on Bega Valley Council’s preferred option regarding payment of superannuation for Councillors.

Executive Summary

Under the Commonwealth Superannuation Guarantee (Administration) Act 1993, councils across Australia are not required to make superannuation contributions in relation to the fees they pay to mayors and councillors. This is because mayors and councillors are elected to a civic office in a council and are not employees of the council.

The release of the discussion paper has been prompted by concerns raised by mayors and councillors that the ineligibility of councillors to receive superannuation payments is inequitable and is a deterrent to more women and younger people standing as candidates at council elections.

The discussion paper is available on the Office of Local Government’s (OLG) website:

Councillor Superannuation Discussion Paper

Background

The discussion paper outlines the reasons for consideration that mayors and councillors should receive superannuation payments in addition to their fees as summarised below:

§ it will ensure that mayors and councillors are adequately remunerated for the performance of their duties

§ it will address a historic anomaly that has seen mayors and councillors denied the benefit of superannuation guarantee payments enjoyed by the broader workforce, and

§ it is hoped it will encourage more women to stand as candidates for election to councils.

Options

The Office of Local Government is seeking the views of Councils, Councillors and Council staff on this issue.

Councils are also encouraged to inform their local communities about the discussion paper and to encourage members of the community to make submissions.

The discussion paper seeks the views of councils and others on the following four options:

• maintaining the status quo – mayors and councillors can continue to voluntarily contribute a portion of their fees to a complying superannuation fund of their choice

• mandate the current voluntary situation – amend the Local Government Act 1993 (the Act) to make it compulsory for councils to pay a portion of the mayors’ and councillors’ fees equivalent to the superannuation guarantee amount into a complying superannuation fund nominated by the mayor and councillors

• amend the Act to allow councils to voluntarily pay an amount equivalent to the superannuation guarantee into a complying superannuation fund nominated by the mayor and councillors in addition to the mayor’s and councillors’ fees – this means that the payment of councillor superannuation in addition to their fee would be at each council’s discretion, allowing the council to take into account the council’s resources and the local community’s views, or

• amend the Act to make it compulsory for councils to pay an amount equivalent to the superannuation guarantee into a complying superannuation fund nominated by the mayor and councillors in addition to the mayor’s and councillors’ fees.

Submissions need to be made before COB Friday 8 May 2020.

Community Engagement

Consultation Planned

Council will accept submissions from the local community via Council’s “Have Your Say” page, with submissions closing on Sunday 3 May.

Councillors and staff may provide submissions via the “Have Your Say” page or direct to the General Manager.

Council consideration of input

Due to the timeframe for submissions, the General Manager will summarise the submission to form the response to the Office of Local Government.

Financial and resource considerations

There are minimal direct financial and resource considerations associated with the costs for calling for submissions and staff time to prepare accept, collate and summarise submission are incorporated into Council’s adopted budget.

Financial considerations of the costs for Council to make superannuation contribution in relation to Councillor and Mayor fees would need to be incorporated into Council’s annual budget should the proposal proceed.

This cost will vary from council to council depending on what fees the mayor and councillors receive and how many councillors there are on the council. The discussion paper sets out the average annual cost to councils in each remuneration category of paying the 9.5% superannuation guarantee for the mayor and each councillor based on the maximum annual fee payable in each category. The estimated cost for a regional rural council such as Bega Valley Shire would be $21,543 in current terms.

The total estimated annual cost of paying the 9.5% superannuation guarantee for mayors and councillors for the local government sector as whole is close to $3 million ($2,758,739).

Legal /Policy

The Commonwealth Superannuation Guarantee (Administration) Act 1993 (SG Act) imposes an obligation on an employer to pay the superannuation guarantee of 9.5% of an employee’s earnings to a complying superannuation fund nominated by the employee.

The obligations under the SG Act do not extend to councils with respect to the fees they pay to mayors and councillors because they are not employees of the council for the purposes of that Act. Mayors and councillors are elected to a civic office in the council and the council is not their employer.

Section 12(9A) of the SG Act expressly excludes mayors and councillors across Australia from the definition of “employee” meaning that councils are not obliged to make superannuation guarantee payments to mayors and councillors under that Act. Section 12(9A) of the SG Act provides that, “a person who holds office as a member of a local government council is not an employee of the council”.

Section 251 of the NSW Local Government Act also makes it clear that the payment of a fee to a mayor or councillor does not constitute the payment of a salary and mayors and councillors are not to be taken to be employees of councils because of the payment of the fee.

Should the proposal proceed the State Government would need to undertake any necessary amendments to relevant legislation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan | Goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council

Delivery Program: Support Councillors and ensure open and effective Local Government in our Shire

Operational Plan: Exercise the functions of the Council in accordance with the Local Government Act 1993

Attachments

Nil

Council 18 March 2020

Item 12.6

12.6. Bushfire Inquiry and Royal Commission

Council can make submissions to the Royal Commission in the Black Saturday Bushfires and the NSW Independent Bushfire Inquiry.

General Manager

Officer’s Recommendation

That Council note the proposed submissions to the Royal Commissions into the Black Saturday Bushfires and the NSW Independent Bushfire Inquiry.

Executive Summary The Bega Valley Shire and other local government areas in NSW and Australia have experienced considerable human, infrastructure and environmental impacts from the devastating Summer fires. The NSW Government has established an Inquiry and the Commonwealth Government a Royal Commission.

This report outlines the terms of reference and submission topic areas for Council’s consideration of lodging submissions.

Background

Royal Commission into Black Summer Bushfires

On the 20 February 2020 the Governor General approved the establishment of the Royal Commission into the Black Summer Bushfires. The Royal Commission will be led by Air Chief Marshal Mark Binskin AC (Retd), who will be joined by:

· The Hon Dr Annabelle Bennett AC SC, former Federal Court Judge, and

· Professor Andrew Macintosh, a specialist in climate risk and impact management.

The Commission will inquire into three principal areas:

1. the responsibilities of, and coordination between, all levels of Government in relation to natural disaster preparedness, response and recovery;

2. arrangements to improve the resilience and adaptation of Australia to changing climactic conditions – in particular, whether there should be a nationally consistent regime for natural disaster preparedness, management, response and recovery; and

3. whether there need to be changes to Australia’s legal framework to provide for the involvement of the Commonwealth in responding to national emergencies with or without State or Territory request.

In looking at these 3three issues, the Commissioners have also been tasked to consider:

· ways in which Australia could harmonise aspects of land management, like hazard reduction burns, wildlife management and land use planning, across the States and Territories, through common national standards or rules; and

· ways in which the Australia’s First Nations People have managed land and fire, to see whether they might improve Australia’s response and resilience to natural disasters.

The Royal Commission’s hearings are expected to be public, and the evidence that is given to the Commission is, for the most part, also expected to be made public.

It is clear, however, that the Royal Commission will proceed in tandem with each of the Victorian, New South Wales and South Australian reviews and inquiries

The Royal Commission is not going to duplicate the work of other inquiries. It will work with other inquiries announced by the States and it will also review the work and recommendations of previous inquiries.

The NSW Independent Bushfire Inquiry

New South Wales Premier Gladys Berijiklian announced the conduct of a wide ranging independent expert inquiry into the Black Summer bushfires. The deadline for submissions is 27 March 2020 however this can be extended for those directly impacted. The Inquiry is also travelling to bushfire affected communities to meet with and hear directly from people who have been affected.

The inquiry will be led by the former Deputy Commissioner of NSW Police, Dave Owens, and the Independent Planning Commission Chair and former NSW Chief Scientist and Engineer, Professor Mary O’Kane.

The remit of the six month inquiry is to consider, among other things:

1. The causes of, and factors contributing to, the frequency, intensity, timing and location of, bushfires in NSW in the 2019-20 bushfire season, including consideration of any role of weather, drought, climate change, fuel loads and human activity.

2. The preparation and planning by agencies, government, other entities and the community for bushfires in NSW, including current laws, practices and strategies, and building standards and their application and effect.

3. Responses to bushfires, particularly measures to control the spread of the fires and to protect life, property and the environment, including:

o immediate management, including the issuing of public warnings

o resourcing, coordination and deployment

o equipment and communication systems.

4. Any other matters that the inquiry deems appropriate in relation to bushfires.

The inquiry will also be tasked to make recommendations as appropriate, including on:

5. preparation and planning for future bushfire threats and risks.

6. land use planning and management and building standards, including appropriate clearing and other hazard reduction, zoning, and any appropriate use of indigenous practices.

7. appropriate action to adapt to future bushfire risks to communities and ecosystems.

8. emergency responses to bushfires, including overall human and capital resourcing.

9. coordination and collaboration by the NSW Government with the Australian Government, other state and territory governments and local governments.

10. safety of first responders.

11. public communication and advice systems and strategies.

In relation to both the Royal Commission and the NSW Inquiry Council has been capturing and preparing comments against key items outlined in both. An initial table of issues was presented to the Ministerial Advisory Group two weeks ago and work continues to prepare key items against the submission items. Council staff held an incident debrief two weeks ago and the Local Emergency Management Committee met in late February to review the response.

A full draft document is still being prepared to outline potential items for inclusion in Council submissions which will be circulated to Councillors and published prior to the Council meeting for consideration. Councillors, community groups and organisations are also able to make their own direct submissions.

Options

Council can resolve to lodge submissions or not lodge submissions.

Attachments

Nil

Council 18 March 2020

Item 12.7

12.7. Audit, Risk & Improvement Committee Recruitment

The aim of this report is to update Council on the recent recruitment process for the BVSC Audit, Risk & Improvement Committee (ARIC) and to seek permission from Council to appoint new, independent, external members for the ARIC.

Director Business & Governance

Officer’s Recommendation

That Council endorse the appointment of three (3) new independent external members to the Audit, Risk and Improvement CommitteeThat Council support the amendment to the ARIC Charter to include a non-disclosure clause as a responsibility of members

Executive Summary

In October 2019 an Expression of Interest (EOI) was launched seeking applications from suitably qualified and experienced members of the community to be appointed as volunteer, independent, external members of Bega Valley Shire Council's Audit, Risk and Improvement Committee (ARIC). As stated above the aim of this report is to update Council on this process and to seek permission to appoint new members to the ARIC.

The requirement to undertake a recruitment process for ARIC was due to the resignation of an existing ARIC member and to identify additional suitable candidates who will become members of the committee as part of a succession planning endeavour.

ARIC Recruitment Process

Four applications were subsequently received by the 01 November 2019 closure date and an informal interview process was undertaken on 19 December 2019 which aimed to identify suitable candidates to be members of the ARIC who possessed the following attributes:

· Relevant professional qualifications

· Relevant professional knowledge and expertise

· Understanding of / experience in the public sector / local government

· Understanding of the role of corporate governance in organisations

· Current / prior experience on similar committees in the local government sector

A confidential memo detailing the interview panel’s findings has been attached to this report for Council to consider.

Opportunity for Improvement

During the recruitment process it was suggested by one of the applicants that Council should consider including a non-disclosure protocol for ARIC members. This feedback has been considered and an amended version of the ARIC Charter to include a non-disclosure statement has been included for information/consideration of Council. The proposed change to the ARIC Charter will be put forward to the committee for their endorsement.

Attachments

1 . Memo to Council and Leadership Executive Group Regarding 2019 ARIC Recruitment Process(Councillor Only) (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

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 defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential recruitment process and would also impact Council’s position in relation to its consideration, therefore impacting the recruitment process. 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 applicants.

2 ⇩. Draft ARIC Charter with new non disclosure clause

Council 18 March 2020

Item 13.2

13.2. 2018-2019 Financial Statements

Council’s 2018-2019 Financial Statements and Audit Report is presented for the information of Councillors.

Director Business & Governance

Officer’s Recommendation

The 2018-2019 Audited Financial Statements be adopted and authorise for the publishing on Council’s website and hard copies be placed in Council’s libraries.

Executive Summary

Council’s 2018-2019 Financial Statements and Audit Report is presented for the information of Councillors. These reports are usually presented with the Council’s Annual Report by convention. This year an extension to the lodgement date was granted by the Office of Local Government, meaning that the audited financial statements were not available at the same time as the 2018-2019 Annual Report.

These Financial Statements will be added to the published 2018-2019 Annual Report and made available to the public. This process is in accordance with advice provided by the Office of Local Government, who granted extensions to the lodgement of Council’s 2018-2019 Audited Financial Statements.

Background

Council endorsed the 2018-2019 Annual Report at the meeting of 27 November 2019. This endorsed annual report was lodged with the Office of Local Government by the due date, 30 November 2019 and subsequently place on Council’s website.

The covering Council report noted “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.”

The required lodgement date of the audited financial statements was extended until 28 February 2020. The Annual Financial Statements incorporating the Audit Reports for the year ended 30 June 2019, have been completed and submitted to the Office of Local Government by the agreed extension date. The below provides a summary of the financial results.

The list below provides some items of note in the Financial Statements for information. It should be noted that original budget figures are required to be disclosed in the Annual Financial Statements. Variations to budget details below are likely to have been previously addressed during quarterly financial reviews presented to Council:

· Council’s operating result was $800,000 less than the 2017/18 result. This was due to significant increase in total revenue of $8.1 million offset by $8.9 million increase in total expenses. The increase in revenue was largely the result of $6.3 million increase in grants and contributions. The main reasons for the movement in grants and contributions revenue were due to the net effect of:

o Increase in capital grants and contributions due to the receipt of $10 million grant from NSW Roads and Maritime Services to finance the Towamba Burragate Roads upgrades

o Decrease in operating grants and contributions of $2.8 million

· The net operating result before capital grants and contributions was $9.9 million lower than the 2017/18 result largely due to materials and contracts expenses which increased by $7.6 million. This is a combination of changes in service delivery and correction of 2017-2018 capital works in progress that have been expensed in the 2018-2019 Year.

Statement of Financial Position

Council’s net worth at 30 June 2019 was $1,021 million. Council undertook a revaluation of operational land and buildings, this work was deferred from 2018, which resulted in an increase of operational land and buildings of $45 million. Included in this amount was an additional $8 million dollars of buildings and $11 million dollars of operational land that was identified as Council owned and incorporated in the balance sheet. The majority of these assets were a combination of Rural Fire Service, Water and Sewer assets. The additional assets required Council to re-state the values of property, plant and equipment as at 1 July 2017. Additional disclosures were incorporated in Note 12b extending the Statement of Financial Position to three years, not the standard two years.

Cash Flow

· Operating cash flows were impacted by an increase of $4.7 million in user charges and fees collected, increase of $3.7 million in grants and contributions receipts, increase of $2.2 million in rates and annual charges and increase of $8.5 million in materials and contracts payments.

· Investing cash outflows decreased by $39.5 million mainly due to a decrease of $86.5 million and $41.6 million in proceeds from sale of investment securities and purchases respectively. This change reflected Council’s decision to invest with Tcorp. These monies are now reported as cash and not investments.

· Financing cash outflows decreased by $4.9 million due to repayment of borrowings and advances. Council’s 2017-2018 figures were incorrect because a loan drawdown of $5 million dollars had been included.

Statement of Performance Measures (Note 23)

Council has a number of mandatory indicators that measure performance. Council has had a challenging year and not performed well in a number of these areas. A contributing factor is the follow on of issues around works-in-progress reported in 2017-2018.

Operating Performance Ratio- this ratio measures Council’s achievement of containing operation expenditure to operating revenue. Council’s ratio is -9.93%, the benchmark is 0%. Council will need to work to reduce operational expenses or increase operational income. This ratio has been affected by the reclassification of some works-in-progress results reported in 2017-2018 to expenses.

Own Source Operating Revenue Ratio – This ratio measures fiscal flexibility. It is the degree of reliance on external funding sources such as operating grants and contributions. Councils ratio is 66.08%, the benchmark is >60%. Council may see a greater change in this ratio in the coming years as operational support for recovery may have an impact.

Unrestricted Current Ratio – The purpose of this ratio is to assess the adequacy of working capital and its ability to satisfy obligations in the short term for unrestricted activities of Council. Councils ratio is 0.64x, the benchmark is 1.5x.

Debt Service Ratio – This ratio measures the availability of operating cash to service debt including interest, principal and lease payments. Councils ratio is 2.75x, the benchmark is 2x.

Rates, annual charges, interest and extra charges outstanding percentage – The purpose of this ratio is to assess the impact of uncollected rates and annual charges on Council’s liquidity and the adequacy of recovery efforts. Councils ratio is 4.68%, the benchmark for rural councils is 10%. This ratio has increased in the last three years from 3.59% to 4.68%, Council may see an increase on this figure in the coming years following the recent natural disasters.

Cash Expense Cover ratio – this liquidity ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow. Council result is 12.22 months, the benchmark is 3 months.

Community Engagement

Audited Financial Statements are one of the key points of accountability between Council and our community. Providing all these documents to the public, Council is able to demonstrate financial transparency. Financial results determine Council’s ability to provide goods, services and facilities and to carry out activities appropriate to the current and future needs of the local community and of the wider public.

Attachments

1 ⇩. Report on the Conduct of the Audit 2019

2 ⇩. Local Council Special Purpose Financial Statements IAR 2019

3 ⇩. Independant Auditors Report (SS2 Permissible Income) 2019

4 ⇩. Independant Auditors Report (GPFS) 2019

5 ⇩. Annual Financial Statements 2018-2019