Agenda of Council - 16 September 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

16 September 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 26 August 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

7 Urgent Business

Mayoral Election

12.1 Selection of a Chairperson for the Mayoral Election................................................................. 9

12.2 Statement by Candidates for the position of Mayor............................................................... 10

12.3 Election of Mayor........................................................................................................................... 11

12.4 Election of Deputy Mayor............................................................................................................. 21

Adjournment – 30 Minutes

8 Staff Reports – Planning and Environment

8.1 Demolition of existing dwelling and erection of detached dual occupancy, 846 Mogilla Road Tantawangalo.............................................................................................................................. 30

9 Staff Reports – Community, Culture and Leisure

Nil Reports

10 Staff Reports –Economic Development and Business Growth

Nil Reports

11 Staff Reports – Infrastructure Waste and Water

11.1 EOI 2021-11 Use and Occupation of Tathra Beach Kiosk building........................................ 88

11.2 Telemetry and SCADA Upgrades - RFT 30/20 Goods, RFT 33/20 Services and RFT 36/20 Construction................................................................................................................................ 99

11.3 Classification of land at Tanja.................................................................................................... 105

12 Staff Reports – Governance and Strategy

12.5 Appointment of Councillor representatives to Committees and external bodies and second representative to the Audit Risk and Improvement Committee..................................... 112

12.6 Council Action Following Eden Lime Incident in June 2020................................................. 115

13 Staff Reports – Finance

13.1 Review of Internally Restricted Reserves................................................................................ 119

13.2 Financial Assistance for Preschools.......................................................................................... 128

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

16.1 Indigenous place based agreement.......................................................................................... 132

16.2 Referral of Development Applications to Council for Determination................................ 133

17 Questions with Notice

17.1 FOGO Compost............................................................................................................................. 135

18 Questions without Notice

19 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public........................... 136

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Council 16 September 2020

Item 12.3

3. Election of Mayor

Council is required to elect a Councillor as Mayor in keeping with Section 225 of the Local Government Act and the General Regulation.

General Manager

Officers Recommendation

1. That the election of Mayor for the 16 September 2020 until 3 September 2021 proceed as outlined in the report with appropriate Resolutions.

2. That the election of the Mayor for the period 16 September 2020 until 3 September 2021 proceed by voting by way of either:

· ordinary ballot, OR

· preferential ballot, OR

· open voting by way of show of hands

3. That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Mayor for the period ending 3 September 2021.

4. That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Mayor for the period from 16 September 2020 until 3 September 2021

Background

Legal

Under the Local Government Act 1993 (amendments 2016) terms of office for a mayor elected by Councillors is for a two-year period.

A Mayoral Election was held on 6 May 2020 for the period 6 May 2020 to the conclusion of the current mayoral term which ends on September 16, 2020. Cr Sharon Tapscott was elected Mayor.

In September 2020, under the COVID-19 local government election circular following amendments to the Act, mayoral elections are required to be held for the period September 2020 until the 2021 Council elections.

Council is now required to elect a mayor for the period 16 September 2020 to 3 September 2021.

Nominations for this election can be via hard copy or electronic form (e-form).

If nomination via e-form the following will apply:

E-forms will have security and confidentiality applied. Only Councillors will have access to the electronic form link.

Nominators will receive a confirmation of their e-form nomination immediately after submission via email.

An e-form nomination will be accepted only when endorsement has been received via email to the Executive Officer from the nominator, seconder and nominee.

Nominations can also be made at the meeting and will require a nominator, seconder and the candidate must accept the nomination.

The election of the Mayor is to proceed in accordance with Schedule 7 of the Local Government (General) Regulation 2005. Schedule 7 has been included below for your information.

The election is to be conducted by the General Manager or in her absence, a council employee designated by the General Manager, or in the event that all of these people are absent, by the person who called the meeting.

Role of the Mayor

The Local Government Amendment (Governance and Planning) Bill 2016 also amends section 226 Role of the Mayor. The new section reads:

226 Role of Mayor

The role of the Mayor is as follows:

(a) to be the leader of the council and a leader in the local community,

(b) to advance community cohesion and promote civic awareness,

(c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,

(d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,

(e) to preside at meetings of the council,

(f) to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,

(g) to ensure the timely development and adoption of the strategic plans, programs and policies of the council,

(h) to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,

(i) to promote partnerships between the council and key stakeholders,

(j) to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council

(k) in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,

(l) to carry out the civic and ceremonial functions of the mayoral office,

(m) to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,

(n) in consultation with the councillors, to lead performance appraisals of the general manager,

(o) to exercise any other functions of the council that the council determines.

Schedule 7 – Election of Mayor by Councillors

Part 1 – Preliminary

1. Returning Officer

The General Manager (or a person appointed by the General Manager) is the returning officer.

2. Nomination

(1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

(2) The nomination is to be made in writing by 2 or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

3. Election

(1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council meeting at which the Council resolves on the method of voting.

(4) In this clause:

§ “ballot” has its normal meaning of secret ballot

§ “open voting” means voting by a show of hands or similar voting.

Part 2 – Ordinary ballot or open voting

4. Application of Part

This Part applies if the election proceeds by ordinary ballot or by open voting.

5. Marking of ballot-papers

(1) If the election proceeds by ordinary ballot, the returning officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

6. Count – 2 candidates

(1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

It is noted the candidate chosen by lot is the successful candidate.

7. Count – 3 or more candidates

(1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Part 3 – Preferential ballot

8. Application of Part

This Part applies if the election proceeds by preferential ballot.

9. Ballot-papers and voting

(1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the number “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

10. Count

(1) If a candidate has an absolute majority of first preferences votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, “absolute majority”, in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.

11. Tied candidates

(1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the numbers of votes cast for the 2 candidates are equal – the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes – the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 – Choosing by lot

12. Choosing by lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

13. Result

The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) To be declared to the Councillors at the Council meeting at which the election is held by the returning officer, and

(b) To be delivered or sent to the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW.

Nominations must be in writing and signed by two or more Councillors (one of whom may be the nominee) and the nominee must indicate his or her consent to the nomination in writing.

The nomination is to be delivered or sent to the Returning Officer (General Manager) who will announce the names of the nominees at the meeting. The written nominations can be given to the General Manager at the meeting prior to the election.

If more than one nomination is received, the Council is required to resolve whether the election is to proceed by preferential ballot, ordinary ballot, or by open voting.

Councillors should note that an election by preferential ballot or ordinary ballot is a secret ballot. Open voting is by show of hands (or similar means).

Process Required Resolutions

1. If only one nomination for the office of Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Mayor for the period until September 2020. The declaration will be recorded in the minutes.

The Mayor should then take the Chair.

2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate Resolution would be:-

That the election of the Mayor for the period until September 2020 proceed by way of [eg: open voting]

3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes) and the Mayor will assume the Chair.

4. At this point a motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate motion would be:-

That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Mayor for the period ending 03 September 2021 be destroyed.

5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate motion would be:-

That the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW be advised of the result of the election of the Mayor for the period until 03 September 2021.

Attachments

1 ⇩. Ballot Papers Mayoral Election 16 September 2020

2 ⇩. Nomination paper (hard copy) for the position of Mayor Election 16 September 2020

3 ⇩. Nomination paper (e-form) for the position of Mayor Election 16 September 2020

Council 16 September 2020

Item 12.4

4. Election of Deputy Mayor

The Council has traditionally elected a Deputy Mayor under Section 231 of the Local Government Act 1993. This item will be considered fully if the Deputy Mayor position becomes vacant due to the earlier Mayoral election item.

General Manager

Officers Recommendation

1. That the election of Deputy Mayor for the period 16 September 2020 until 3 September 2021 proceed as outlined in the report with appropriate resolutions.

2. That candidates for the Deputy Mayor position be provided the opportunity to address Council as outlined in the earlier item.

AND FOLLOWING ADDRESSES

3. That the election of the Deputy Mayor for the period until 16 September 2020 until 3 September 2021 proceed by voting by way of either:

· ordinary ballot, OR

· preferential ballot, OR

· open voting by way of show of hands

ANDD FOLLOWING THE ELECTION

4. That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending 3 September 2021 be destroyed.

5. That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period until 3 September 2021

Background

Under the Local Government Act 1993 (amendments 2016) the term of office for a Mayor elected by Councillors is for 2 years. Council has traditionally elected a Deputy Mayor.

In September 2020, under the COVID-19 local government election circular following amendments to the Act, mayoral elections need to be held for the period September 2020 until the 2021 Council elections.

At this meeting Council has elected a mayor for the period 16 September 2020 to 3 September 2021.

Council needs to either resolve not to have someone in the role or hold an election for Deputy Mayor. At this point candidates for the Deputy Mayor position will be provided the opportunity to address Council in line with the outline the earlier item.

Nominations can be made prior to the meeting or from the floor on the day.

The Local Government Act 1993 at section 223 states:

231 Deputy Mayor
(1) The councillors may elect a person from among their number to be the deputy mayor.
(2) The person may be elected for the mayoral term or a shorter term.
(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.
(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

Bega Valley Shire has traditionally elected a Deputy Mayor. Operationally it has been appropriate to have an elected Deputy Mayor to support the Mayor with civic duties and to undertake key civic activities when the Mayor is out of the Shire.

The Council therefore must resolve whether it wishes to elect a Deputy Mayor for the period until the September 2021 election. The first Resolution of this report must be taken prior to determining the election of a Deputy Mayor if so resolved.

The procedure for the election of the Deputy Mayor is the same as that for the election of the Mayor as set out in the previous item.

Nominations for this election can be via hard copy or electronic form (e-form).

If nomination via e-form the following will apply:

E-forms will have security and confidentiality applied. Only Councillors will have access to the electronic form link.

Nominators will receive a confirmation of their e-form nomination immediately after submission via email.

An e-form nomination will be accepted only when endorsement has been received via email to the Executive Officer from the nominator, seconder and nominee.

Nominations can also be made at the meeting and will require a nominator, seconder and the candidate must accept the nomination.

ISSUES

Process Required / Resolutions

1. If only one nomination for the office of Deputy Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Deputy Mayor for the period determined by Resolution. The declaration will be recorded in the minutes.

2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate Resolution would be:

That the election of the Deputy Mayor for the period to 3 September 2021 proceeds by way of (eg: open voting)

3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes).

4. At this point a Motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate Motion would be:

That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending 3 September 2021.

5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate Motion would be:

That the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW be advised of the result of the election of the Deputy Mayor for the period ending to 3 September 2021.

Attachments

1 ⇩. Ballot Papers Deputy Mayor Election 16 September 2020

2 ⇩. Nomination paper (hard copy) for the position of Deputy Mayor Election 16 September 2020

3 ⇩. Nomination paper (e-form) for the position of Deputy Mayor Election 16 September 2020

Council 16 September 2020

Item 8.1

8.1. 2020.210 Demolition of existing dwelling and erection of detached dual occupancy, 846 Mogilla Road Tantawangalo

Director Community Environment and Planning

Applicant	Steven P Heffernan
Owner	Steven P Heffernan
Site	Lot 2 DP 1231761
Zone	RU1 - Primary Production
Site area	112.88 hectares
Proposed development	Demolition of existing dwelling and erection of a new dwelling to create a detached dual occupancy

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 to create a detached dual occupancy as proposed on Lot 2 DP 1231761, 846 Mogilla Road, Tantawangalo.

3. Approves the development application subject to the recommended Conditions of Consent (Attachment 5).

Executive Summary

The application seeks approval to demolish an existing dwelling and erect a new dwelling to create a detached dual occupancy on the subject site (Attachment 1 – Locality Plan). Clause 4.2D(2)(c) of BVLEP 2013 requires each dwelling of a detached dual occupancy to be within 100 metres of each other. The development application seeks a dwelling separation distance of 161 metres.

Background

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 approval for demolition of an existing ‘degraded’ dwelling and erection of a new dwelling to create a detached dual occupancy with a 161-metre dwelling separation (see Attachment 2 – Development Plans). An existing access from Mogilla Road will service both the new and existing dwelling. The new dwelling will have its own on‑site sewage management system (OSM) and rainwater tank for domestic and firefighting purposes. Telecommunications and power will be supplied via existing connections servicing the site.

Description of the site

The site is described as Lot 2 DP 1231761 and has an area of 112.88 hectares. The site is located approximately 7.5 kilometres north-west of Candelo and 20 kilometres west of Bega respectively (Attachment 1). Existing on the site is a primary and secondary dwelling and associated farm infrastructure. The secondary dwelling was constructed prior to 1960, is in a degraded state and its demolition is proposed.

The site generally undulates with north-east/south-east facing slopes and has been previously largely cleared for dairy farming purposes.

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 3).

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. Access to the proposed dwelling would be via the existing driveway off Mogilla Road.

Staff highlight the key issues of the proposal in this report for Council’s consideration.

Zoning

The land is zoned RU1 Primary Production under Bega Valley Local Environmental Plan 2013 (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 in relation to the required maximum 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 4).

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.

The proposed variation to the minimum separation of dwellings to 161 metres is considered to satisfy the objectives of the RU1 Primary Production zone.

The positioning of the new dwelling will not conflict with existing on site dairy farm practices nor impact on surrounding rural land uses. It will maintain the scenic values and rural landscape character of the locality. The proposal is positioned on an existing cleared portion of the site far from significant vegetated areas and not visible 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.”

The demolition of an existing dwelling and erection of a new dwelling to create a detached dual occupancy is considered to achieve the objectives of the zone. The proposed dwelling will be used by the owners to replace the current ‘degraded’ dwelling. Its positioning would not impact the existing agricultural production of the site and would maintain existing drainage. The only trees that may be impacted are planted landscape trees adjacent the existing carport/shed noting any clearing is subject to APZ maintenance requirements in accordance with Planning for Bushfire Protection 2019.

Whether compliance with the standard is unreasonable or unnecessary

The proposed erection of a new dwelling to replace the existing ‘degraded’ secondary dwelling is suitable in scale, character and form for the rural setting. The proposed 161 metre dwelling separation will not impact on rural landscape views within the locality. The proposed dwelling siting and relevant conditions in the draft consent ensure no impacts on the existing dairy farm operations, its associated farm infrastructure, nor surrounding uses in the locality.

Council officers are satisfied that a precedent would not be created by the variation and compliance with the maximum 100 metre separation is considered to be unreasonable and unnecessary in the circumstances of this application.

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.

Site analysis demonstrates the 161 metre separation of dwellings is suitable on environmental grounds.

The siting of the new dwelling is considered logical given the existing shared driveway, power connections, views and benefit of reduced overall site disturbance during demolition and construction on only one portion of the site.

The proposed 161 metre dwelling separation achieves appropriate setbacks and space from sensitive riparian corridors, reduces the need for tree removal for construction (APZ) establishment (50 metres in all directions), as well as reasonable minimisation of cut and fill.

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

Community Engagement

The development application was notified to adjacent and adjoining owners and no submissions were 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 adopted 2020-21 budget.

There are no public infrastructure implications of the proposal.

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 meet 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 replace an existing dwelling on this land.

Social / Cultural

The proposal to replace an existing 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 suitable housing and protecting agricultural land.

Options for Council

The following options are available to Council, in its consideration of this matter:

1. Approve the application, as recommended.

2 Defer consideration of the matter and request a further report detailing suitable Reasons for Refusal, identifying relevant Section 4.15 Matters for Consideration that would enable Council to refuse the application due to non-compliance with a development standard.

Attachments

1 ⇩. Locality Plan

2 ⇩. Development Plans

3 ⇩. Section 4.15 Assessment Report

4 ⇩. Applicant Variation Request

5 ⇩. Draft Consent

Council 16 September 2020

Item 11.1

11.1. EOI 2021-11 Use and Occupation of Tathra Beach Kiosk building

This report details the results of the Expression of Interest (EOI 2021-11) process recently carried out for the use and occupation of the Tathra Beach Kiosk building.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council note the Expression of Interest process for the use and occupation of the Tathra Beach Kiosk building has now closed.

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

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

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

Executive Summary

As the Tathra Beach Kiosk building is vacant, Council officers carried out an open and transparent Expression of Interest (EOI) process seeking suitable tenants to operate the Tathra Beach Kiosk building.

This report details the results of the EOI process conducted between 23 July 2020 and 19 August 2020 and seeks Council’s approval to enter into a lease with the successful applicant.

Background

Council resolved at its Ordinary Meeting of 22 July 2020, when considering its position on the future use of the Tathra Beach Kiosk building as follows:

1. That Council receive and note the report.

2. That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), call for expressions of interest for the occupation of the Tathra Beach Kiosk building based on a financial return to Council and the results be presented back to Council for consideration.

Following the Resolution of Council, officers progressed a formal EOI process calling for suitable tenants for the use and occupation of the Tathra Beach Kiosk building. The EOI document was available on Council’s e-Tendering portal between 23 July 2020 and 19 August 2020.

A total of five (5) submissions were received and evaluated against the set criteria by a Tender Evaluation Panel that included representatives form Councils Assets and Operations team, Property team and Economic Development team.

The information provided by tenderers within their submission is considered ‘commercial in confidence’, therefore are attached as Confidential Attachments for the information of Councillors.

As outlined in a separate report in the Business Paper of 22 July 2020 the Tathra Beach Kiosk was allocated funding under the Local Roads and Community Infrastructure Program. Council officers have commenced assessment works on the building and will work in with the new tenant to ensure construction activities for the project are completed by 30 June 2021 in line with the funding agreement.

In accordance with clause 70 of the Crown Land Management Regulations 2018 (NSW) Council may grant new leases for a term not exceeding 21 years, if there was a lease in force over the land immediately before the repeal of the Crown Lands Act 1989 (NSW) and there are no permitted uses for the land under the new lease that are additional to those permitted under the previous lease.

Options

The options available to Council are:

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

2. Decline to accept the recommendation provided by Council officers in the attached Report and resolve to provide tenure to an alternate tenderer.

3. Decline to accept the EOI submissions received by all tenderers and advise tenderers of Council’s decision.

4. Maintain vacant possession of the property for Council purposes. Note, this option will require the identification of funds to undertake necessary planning for the use of the building and ongoing maintenance and operational budgets.

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

Community Engagement

Consultation undertaken

Council officers completed an EOI process via public tender between 23 July 2020 and 19 August 2020. The tender was available on Council’s e-Tendering portal and publicly advertised on Council’s website and Facebook page.

Consultation Planned

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

In accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant tenure, in respect of community land for a period exceeding five years, it must:

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

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

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

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

Council consideration of input

To ensure the continued use and occupation of the reserve is appropriate for the proposed tenure, the following items will be considered:

• Compliance with the legislation, related policies and guidelines;

• Compatibility with the Reserve purpose of Public Recreation;

• Native Title rights; and

• Aboriginal land claims.

It is noted that on 2 August 2018 lots 272 and 273 DP 821413 were exercised from Aboriginal Land Claims 42488 and 42623 lodged over Tathra Beach Reserve (R79310).

Financial and resource considerations

As specified in the attached Council report dated 22 July 2020 a market rental valuation report was obtained from Opteon Property Group on 4 May 2018 which outlined an annual rental achievable of $20,000 plus GST per annum.

As Council will be upgrading the kiosk building over the coming months it is anticipated that a further market rental assessment will need to be commissioned to determine a rental figure prior to entering into any new tenure arrangement for the site. The updated market rental assessment will also take into consideration the current financial situation.

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

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

Council officer time has been required to conduct the EOI process as well as ongoing management of a lease during its term.

Legal /Policy

The Tathra Beach Kiosk lease falls under the provisions of the Retail Leases Act 1994 (NSW).

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

The EOI process meets the following objectives:

• To undertake an open, fair and transparent process for the issuing of tenure for the use and occupation of the Tathra Beach Kiosk building located within Council Managed Crown Reserve R79310;

• To manage the use of Tathra Beach Reserve (R79310) in a way which complies with legislative requirements under the Crown Land Management Act 2016 (NSW) (CLM Act) and/or the LG Act;

• To optimise the potential use and financial return from activities conducted on Tathra Beach Reserve (R79310) which is under the direct management of Council.

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

• Invitations for EOI.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The EOI submissions received were evaluated based on the following criteria:

ECONOMIC ACTIVITY – 30%:

Demonstrates how the activity will generate local economic activity and support for local business. (10%)

Demonstrates how the activity will attract external visitation to the area. (10%)

Demonstrates how the activity will enhance the enjoyment for reserve users. (10%)

BENEFITS TO THE COMMUNITY – 20%:

Demonstrates what the level of community participation will be. (10%)

Demonstrates what other benefits the community will receive from this activity. (10%)

EXPERIENCE AND QUALIFICATIONS – 30%:

Demonstrated previous experience in the proposed activity. (10%)

Evidence of appropriate accreditations and/or qualifications supplied. (10%)

References. (10%)

PROJECT DELIVERY AND COMPLIANCE – 20%:

Evidence of how the proposal complies with all planning and building regulation requirements. (5%)

Proposed construction arrangements. (5%)

Proposed length of tenure. (5%)

Recognition of local outcomes, demonstration of support for local business and community enterprise. (5%)

Economic

All the proposals received provide a level of economic activity or benefit to Council and the community, all of which had similar proposed uses. It has been noted by Council’s Economic Development Manager that Tathra’s economy is primarily focussed on tourism and not having a key public tourism asset activated, from a visitation perspective on public holidays in peak tourism time, detracts from the overall visitation experience, therefore it is imperative that this is addressed in any new lease issued for the kiosk building.

Risk

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

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

Attachments

1 ⇩. Council report dated 22 July 2020 Tathra Beach Kiosk

2 . Confidential Report in relation to EOI 2021-11 for the use and occupation of Tathra Beach Kiosk (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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 tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender 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 individual tenderers.

3 . EOI 2021-11 Use and Occupation of Tathra Beach Kiosk - Submission 1 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

4 . EOI 2021-11 Use and Occupation of Tathra Beach Kiosk - Submission 2 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

5 . EOI 2021-11 Use and Occupation of Tathra Beach Kiosk - Submission 3 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

6 . EOI 2021-11 Use and Occupation of Tathra Beach Kiosk - Submission 4 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

7 . EOI 2021-11 Use and Occupation of Tathra Beach Kiosk - Submission 5 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 16 September 2020

Item

11.2. Telemetry and SCADA Upgrades - RFT 30/20 Goods, RFT 33/20 Services and RFT 36/20 Construction

This report details the outcome of evaluation of Tenders for the Telemetry and SCADA Upgrades: - RFT 30/20 Goods; RFT 33/20 Services; and RFT 36/20 Construction; and recommends award to the preferred tenderers.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations to award three contracts to upgrade telemetry and SCADA of Water and Sewerage Services assets as outlined in the confidential attachment.

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

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

Executive Summary

Water and Sewerage Services (W&SS) has a telemetry network to monitor and control its Assets. The telemetry network connects remote assets to the Supervisory, Control and Data Acquisition (SCADA) system, i.e. Sewer pump stations and water reservoirs. The system enables secure remote monitoring, control and receipt of alarms.

The Telemetry and SCADA system has reached the end of its design and technology life. Direct replacement parts are not available, and the operating software is obsolete. Environment Protection Authority (EPA) and other regulatory standards are now more exacting in the information that they are requesting. W&SS staff have determined that a uniform, standardised upgrade of hardware and software is vital and necessary.

During the bushfires, Councils telemetry network operated almost continuously, unlike the mobile phone and telephone networks. This enabled W&SS operations to respond successfully to critical alarms throughout the crisis. W&SS will also reinforce the telemetry network where this is feasible and affordable.

The project will take approximately three years with an overall budget of $3,350,000.

Background

Council invited tenders from suitably qualified contractors to provide GOODS, SERVICES, and CONSTRUCTION. At the close of the tender period ten submissions were received from the following companies:

The submissions received for RFT 30/20 Goods were:

· Alliance Automation (‘Alliance’)

· Automation Group

· N-COM

· SAFEgroup

· Automation Group (alternative offer)

The submissions received for RFT 33/20 Services were:

· Alliance Automation (‘Alliance’)

· Beaconfield Partners

· MeScada Pty Ltd

· 360 Engineering

· SAFEgroup Automation

The submission received for RFT 36/20 Construction were:

· CORE ELECTRICS

Applicants were asked to provide:

· Lump sum price breakdown of the works

· Schedule of Tenderer’s Project Experience

· Schedule of Key Contact Staff

· Schedule of Consultants, Subcontractors & Major Suppliers

· Schedule of Tender Program

· Schedule of Work Health and Safety

· Schedule of Tenderer’s Current Workload

Given the separation and staging requirements of the project tenders from all tenderers were not reflective of the total cost over the life of the project with tender submission information used to determine the contractor to work with for each of the components of the overall project.

The tender submissions were assessed against the following evaluation criteria:

Tender Evaluation RFT 30/20 GOODS
Criteria	Weighting
Price - Lump sum breakdown - Merimbula Staging	37%
Price - Schedule of Rates Bulk Items	23%
Sub-total - PRICE criteria	60%
Conformity	9%
EPA Responsibility + WHS practice	2%
Local Outcomes	5%
Support of Indigenous Australians	3%
Methodology	4%
Capacity	9%
Experience	5%
Referee checks	3%
Sub-total NON-PRICE criteria	40%
Total	100%

Tender Evaluation RFT 33/20 SERVICES
Criteria	Weighting
Price - Lump sum breakdown - Merimbula Staging	39%
Price - Schedule of Rates Bulk Items	21%
Sub-total - PRICE criteria	60%
Conformity	5%
EPA Responsibility + WHS practice	5%
Local Outcomes	5%
Support of Indigenous Australians	3%
On-Going Support	5%
Capacity	5%
Experience + Referees	5%
Key Staff	2%
Maintaining Relationships	5%
Sub-total NON-PRICE criteria	40%
Total	100%

Tender Evaluation RFT 36/20 CONSTRUCTION
Criteria	Weighting
Price	60%
Project Experience	25%
Project Functionality	10%
Local Community Benefit	5%
WH&S	Compliant/ Non-Compliant
Total	100%

Community Engagement

There is limited community engagement anticipated on this project. Communications to the community will occur when physical works are expected to take place near neighbouring properties.

Consultation undertaken

W&SS have consulted with other internal Council stakeholders.

Consultation Planned, and Consideration of Input

The project includes three stages at which further internal consultation will occur. These stages are:

· Architecture

· Data & History Management

· Resilience of system during emergencies

Financial and resource considerations

The upgrade is fully funded by the Water and Sewer funds and has been budgeted for in the Long Term Financial Plan.

The upgrade is not expected to increase the operational expense. Newer technologies will promote lower power operations which may reduce cost and carbon footprint however this will be investigated after implementation. The ongoing servicing costs will be similar to the existing costs.

The asset life will be 15 years and has been factored into the Financial Modelling.

Funding source		Amount
Sewer Fund	$	1,700,000
Water Fund	$	1,700,000

Legal /Policy

This upgrade helps to ensure compliance with modern and changing regulatory requirements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This Project has been identified in the Operational Plan and the Long Term Financial Plan. It also offers the opportunity to broaden the SCADA into waste management and processing at a cost that takes advantage of the economy of scale of the W&SS network.

Environmental / Sustainability

This Project will enable better analysis of energy usage at pumping stations and plants. Pumping is energy intensive. Improved data will enable analysis of energy demand for better choices between renewable energy sources and coal-fired sources, without reducing community and EPA expectations of the Water and Sewer Service the Council provides.

A new feature will be added to Sewer Pump Station controls that will identify sewer blockages by monitoring changes in flow. This will provide faster identification of developing blockages, enabling pro-active response by networks staff and thus reducing the number of spills into waterways and environment.

Economic

This upgrade of aged Telemetry & SCADA infrastructure will reduce breakdowns and emergency repairs, which are significant to our bottom line in the operational budget.

Risk

The following high-level risks will be addressed as part of the upgrade:

· Data quality issues due to old technology;

· Inconsistent alarm management; and

· Component failure due to age.

Attachments

1 . Confidential memorandum to Council report Telemetry and SCADA Upgrades: RFT 30/20 Goods, RFT 33/20 Services and RFT 36/20 Construction (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 16 September 2020

Item 11.3

11.3. Classification of land at Tanja

This report seeks approval to commence a public notification process to classify Council owned land that has recently been redefined 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 2 DP 1262460 at 14 Barrabooka Road, Tanja 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 2 DP 1262460 at 14 Barrabooka Road, Tanja as operational land.

Background

As detailed in the attached report of 17 December 2014 the registered proprietors of former Lot 2 DP 1105244 agreed to carry out a boundary adjustment and gift a section of their land to Council to enable expansion of the existing fire shed site which adjoined their land. Council resolved, at its Ordinary Meeting of 17 December 2014, when considering its position on the proposal as follows:

1. That Council authorise the Mayor and General Manager to execute a Deed of Agreement with Ms Dummett, Messrs McDonald and McDonald to accept transfer of an additional 1,315m2 portion of land for the Tanja Rural Fire Station extension.

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

Following the resolution of Council, a formal Deed of Agreement was entered into with the registered proprietor of former Lot 2 DP 1105244 to transfer part of Lot 2 DP 1105244 to Council to expand the area of Lot 20 DP850494 by way of a boundary adjustment. The extension works were completed on the Tanja Rural Fire Station but due to a separate law matter the transfer was not able to be completed for some time.

Following completion of the separate law matter in the Federal Court a subdivision of Lot 2 DP 1105244 took place and several of the new lots created were sold off which meant Council was required to enter into new Deeds of Agreement with the new proprietors to protect Council’s interest in the newly created Lot 213 DP 1204065 which was the portion of the subdivided land required to expand the area of former Lot 20 DP850494.

The Plan of Subdivision was registered at Land Registry Services on 9 June 2020 and as a result new title details were issued for the Council owned land being former Lot 20 DP850494. The new certificate of title for the amalgamated land parcel now known as Lot 2 DP 1262460 has recently been received by Council officers and should now be classified as operational land under the LG Act to allow Council with flexibility over the use of the land in the future.

Options

The options available to Council are:

1. Commence the public notification process to classify Lot 2 DP 1262460 at 14 Barrabooka Road, Tanja as operational land to allow Council with flexibility over the use of the land in the future; or

2. Resolve not to commence the public notification process to classify Lot 2 DP 1262460 at 14 Barrabooka Road, Tanja as operational land. Any land parcels that are redefined and not classified by a Resolution within 3 months, will at the end of the 3-month period be taken to have been classified under a Local Environmental Plan as community land. If the land parcel 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 redefined, 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 2 DP 1262460 at 14 Barrabooka Road, Tanja as operational land.

Financial and resource considerations

Regulations have been made under section 747B of the LG Act to temporarily modify the application of the Act in response to the COVID 19 pandemic. The amendments have been made to remove the requirement for Council notices to be advertised in newspapers and instead allow the relevant notice to be published on the Council’s website. This is not a temporary measure and will be ongoing. Therefore, this matter has no direct financial impact upon Council's adopted budget or forward estimates.

Property officers will be required to complete the public notification process to classify the land parcel.

Should Council not classify the parcel as operational it may limit the future ability of Council to transfer the land and Fire Shed back to ownership of the NSW Government which Council has previously resolved to try and do for all RFS assets. The main objective of returning financial management responsibility for RFS assets is to remove the depreciation liability out of Council’s accounts for those assets.

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 redefined, and Council may not dispose of any interest in the land.

Attachments

1 ⇩. Council Report dated 17 December 2014 - Boundary Adjustment Tanja RFS site

2 ⇩. Certificate of Title Lot 2 DP 1262460

12.5. Appointment of Councillor representatives to Committees and external bodies and second representative to the Audit Risk and Improvement Committee

Council needs to consider its representatives to committees with the extension of the current Council term and appoint a second Councillor representative to the Audit Risk and Improvement Committee in line with Council’s resolution of 13 July 2020.

General Manager

Officer’s Recommendation

1. That the Councillor reappoint the current delegates to positions as outlined in the table below.

2. That the second representative for the Audit Risk and Improvement Committee be (insert name).

3. That the second representative for the Bega Valley Community Disaster Relief Fund be (insert name).

Executive Summary

Councillor delegates were elected for a two year period in September 2018 to:

· Council Committees (S355)

· Internal community committees and panels, and

· External organisations

Due to COVID-19 the Council term has been extended until 4 September 2021. This report seeks for Council to confirm the Councillor delegate appointments for an extended 12 month period to September 2021.

At its meeting on 13 July Council resolved to appoint a second Councillor representative to the Audit Risk and Improvement Committee (ARIC). This report seeks nomination and appointment of the additional Councillor to ARIC.

Background

Council appoints committee and panel delegates and representatives for a range of Council and external committees. Council appointed these delegates by resolution in September 2018 for a two-year period.

Council resolved at the meeting on 13 July to appoint a second Councillor representative to the independent Audit Risk and Improvement Committee (ARIC) and to refer reserve movement procedure to ARIC. The next meeting of the ARIC is 22 September 2020.

The current appointments are outlined in the tables below.

Council Section 355 Committee/Panel	Delegate Representative Elected 2018/20
Access and Inclusion Committee	Cr Bain
Audit, Risk and Improvement Committee	Cr Nadin Second Cr delegate position to be appointed
Bega, Eden, Merimans Local Aboriginal Liaison Committee	Mayor (alternates Crs Seckold and Dodds) Note: elected August 2019
Bega Valley Medallion Committee	Mayor
Coastal Planning and Management Panel	Cr Seckold
General Cemetery Advisory Committee	Cr Dodds
General Community Halls Committee	Cr Bain
General Sportsground Committee	Crs Nadin and Allen
Montreal Goldfields (committee established 26 August 2020 meeting) *Resolved at Ordinary Meeting of Council on 26 August 2020	Cr Seckold (Cr Dodds – alternative)
Internal or Community Committee/Panel	Delegate Representative Elected 2018/20
Awards and Scholarships Committee	Mayor, Cr Seckold, Dodds and Nadin
Bega Valley Community Disaster Relief Fund	Mayor (Deputy Mayor) Second Cr delegate position to be appointed
Central Waste Facility Community Consultation Committee (CWFCCC)	Mayor
Community Environment Grants Committee	Crs Griff and Seckold
Community Events and Festivals Grants Evaluation committee	Crs Griff, Allen and Nadin
Heritage Grants Committee	Crs Dodds and Seckold
Integrated Water Cycle Management Reference Panel	Mayor
Local Traffic Committee & Traffic Development Advisory Committee	Cr Bain
Police Liaison Committee	Mayor
External Groups Committee/Organisation	Delegate Representative Elected 2018/20
Australian Coastal Councils Association Inc	Cr Griff
Batemans Marine Park	Cr Dodds
Bega Valley Bush Fire Management	Cr. Bain (Cr Dodds – alternative)
Bega Valley Business Forum	Cr Fitzpatrick
Biamanga National Park	Cr Bain (Cr Seckold- alternative)
Clean Energy for Eternity MoU	Cr Dodds
Country Mayor’s Association	Mayor
Canberra Region Joint Organisation (CRJO)	Mayor (alternate Deputy Mayor)
Local Government NSW (Council has 3 voting delegates at conference)	Mayor, Crs Fitzpatrick, Griff – Annual Conference; resolved 2018 Mayor other LGNSW forums/meetings
Mumbulla Foundation	Cr Dodds
NSW Public Library Association	Cr Dodds
South East Arts	Cr Griff
South East Australian Transport Strategy (SEATS)	Mayor
Southern Joint Regional Planning Panel	Cr Dodds Cr Fitzpatrick Alternative 1 – Cr Nadin Alternative 2 – Cr Seckold

Attachments

Nil

Council 16 September 2020

Item 12.6

12.6. Council Action Following Eden Lime Incident in June 2020

This report provides information on the lime dust incident in Eden and the action taken by Council.

General Manager

Officer’s Recommendation

That Council receive and note the report regarding the Eden Lime incident in June 2020.

Executive Summary

Stabilisation works in Eden started on Wednesday 10 June in Mitchell Street and were undertaken by Stabilco. Works then moved to Calle Calle Street on 11 and 12 June 2020.

Background

Following a sighted lime cloud and reports of lime dust on private property, Council staff were contacted by members of the public. On notification of the incident, Council offered a limited cleaning service, provided by a contactor, to residents who raised concerns early about lime dust that had settled on their property in order to assist them with mitigating the damage. Council also provided support to those who wished to undertake mitigating action themselves.

Over the following weeks Council received a number of claims from the public which were passed on to our insurer for management, a standard process.

Options

Council maintains that there has been no negligence on the part of Council in this incident and has denied liability to claimants.

With regards to support provided to individuals, Council has made the contact details of the contractor available so that their own insurance company can act on their behalf.

In addition, due to the extent of the damage being unknown by Council, on 30 July 2020, Council advised the contractor that they should work with their insurer in the best interests of the Eden community.

It should be noted that Council is still seeking compensation for damages despite approaches to the contractor. On 25 August 2020, Council through its insurer, issued another letter to the Contractor notifying of the intent to provide direct notice to their insurer regarding the known incident under their Public Liability Certificate of Currency.

On 3 September Council received advice that the contractor had not responded to Council’s letter dated 25 August 2020. As a result Council has directed Council’s insurer to escalate notification directly with Stabilco’s insurer as stated on their Public Liability Certificate of Currency.

We continue to encourage residents to seek further information through their own insurance company or seek independent legal advice.

Community Engagement

Council consideration of input

Since July 2020, we have met with concerned residents and have responded to written and telephone correspondence to clarify events known to have occurred and noting Council would not be accepting liability.

A few people in the community expressed concern about the health impacts associated with exposure to the lime dust cloud. Council’s understanding is that the health risks from this product, known as ‘Quicklime’, in this instance are low. Any residents who have concerns should speak to their doctor.

We have made available the Boral Safety Data Sheet for Quicklime for the information of interested residents.

Financial and resource considerations

Council did offer to residents who contacted us early a professional cleaning service for homes that would not restrict them from taking any future action to seek compensation through their own insurance company. The Deed of Release signed as part of the cleaning work was limited to the cleaning work and not the impacts of the lime dust cloud.

Funding source		Amount
General Fund \| Road Projects	$	2,500 per house (quoted)

Legal /Policy

Council refers to the case of Leichhardt Municipal Council v Montgomery [2007] HCA 6 which held that, in circumstances where an independent contractor was carrying out works and those works have caused loss or damage to a third party, Council cannot be held liable for the actions of the contractor.

Council is only liable to compensate for damage sustained in circumstances where Council itself has committed a negligent act or omission, the consequences of which were reasonably foreseeable.

We confirm that considering all evidence before us, there has been no negligence on Council’s part in this incident and accordingly, we have denied liability to claimants.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP: 6.12: Our Council is financially sustainable and services and facilities meet community need

DP: 6.12.18: Deliver enterprise risk management and audit control programs

Operational activity: Insurance Management

Environmental / Sustainability

Council’s contractor management framework provides for the engagement and monitoring of contractors who deliver capital projects, which detail requirements of environmentally sustainable outcomes. The after-action review indicates there were no environmental factors that influenced the behaviour of the lime during these works.

Economic

Council delivers capital projects utilising the available resources and in accordance with the NSW Civil Liability Act 2002. We have Public liability insurance to protect the interests of Council and each claim received by us is considered within legislative requirements and statutory obligations.

Risk

Council has applied standard practice for public liability insurance management upon receipt of claims from the public. The management of any public liability claims received have been referred to our insurers.

Council staff have been supportive of the functions of WorkSafe NSW and provided information that has been requested. Recent advice from that agency has been for the incident to be lodged (recorded), which has been completed.

Social / Cultural

Council is empathetic to the situation of individuals who may have been affected by the lime dust. We have been encouraging the contractor to notify their insurer of the incident and take action that gives regard to the best interests of the Eden community.

Attachments

Nil

Council 16 September 2020

Item 13.1

13.1. Review of Internally Restricted Reserves

This report presents to Council a review of the internally restricted reserves and seeks Council resolution for the release of identified reserves.

General Manager

Officer’s Recommendation

That Council approve the release of the following internally restricted reserves

· Access Committee Reserve

· Animal Control Reserve

· Asset Replacement Reserve

· Election Expenses

· Information Technology Facilities

· Insurance Claims [Unspent]

· Insurance Excess Reserve

· Merimbula Jetty Maintenance and Improve

· Old Bega Racecourse Development

· Operational Examination Contingency

· Property Development Reserve

· Property Sale 73 Upper St

· Tathra Foreshore Committee Projects

Executive Summary

Internally restricted reserves are cash funds set aside by resolution of Council for projects where there is no legal or legislative requirement governing their use. If the purpose for which the cash restriction was established does not eventuate or Council changes its priorities, these funds may be reapplied for a different purpose by resolution of Council.

This report seeks a review of the internally restricted reserve funds. Officers are recommending a number of the reserves be released due to the introduction of long term financial planning. The purpose of a long term financial plan (LTFP) is to allocate the required budget over a ten year period, enabling expenditure to be identified in the year it is required. This method moves us closer towards a zero-based budgeting program for General Fund management.

Background

Prior to the introduction of Long Term Financial Planning Council would rely heavily on reserve funding to provide for future year programs. This was achieved by restricting cash in current years for projects to be delivered in the future. With the introduction of the development of a LTFP as part of the Integrated Planning and Reporting (IPR) Framework, Council now budgets for those future projects in the ten year projections. It is good practice for internal restrictions to be reviewed regularly to ensure that the Council’s priorities have not changed regarding each restriction.

Council has several reserves relating to maintenance, repair, upgrade and renewal of assets. The appropriate way of dealing with these is inclusion in an adopted Asset Management Plan, which identifies and prioritises upgrades and improvement. The information is then included in Council’s Long Term Financial Plan. Council has done considerable work in developing, refining and improving its Asset Management Plans and identifying funding requirements.

Options

The level of internal restrictions is limiting the discretionary funding available for delivery of projects. A review of the internally restricted reserves has shown that some of these reserves have been set aside for projects or programs that have not eventuated, do not align with this Council’s priorities; and notes that provisions should be budgeted for expenditure across the ten year long term financial plan. Items can be actioned by resolution to include in the long term financial plan funded by a particular allocation. This does not require placing of the funds into a reserve.

Community Engagement

Consultation undertaken

Community consultation on the suite of documents related to the Integrated Planning and Reporting Framework is completed each year, allowing the opportunity for residents to participate in the development of annual budgets. All resourcing documents supporting the delivery of a four year Delivery Program is also subject to community consultation within the first year of a Council term.

Council consideration of input

Council has received deputations regarding management of reserves in July and August 2020, which has influenced the recommendation of this report.

Financial and resource considerations

The following is a list of the internal reserves now recommended for release.

Internal Reserve	Purpose	Expenditure		How replenished	30 June 2020 Balance
Animal Control Reserve	To fund repairs and upgrades to Dog Pound	Fund repairs and upgrades to Dog Pound		Any surplus from animal control operations.	$42,106
Officer Recommendation – Release All repairs and upgrades should be included in asset management plans and considered within the requirements of the whole of Council and funded in the LTFP.
Asset Replacement Reserve	For the provision of replacement of existing assets and or new asset creations	Capital projects only		From surpluses and savings during the previous year and any asset sales where designated	$1,069,474
Officer Recommendation: Release Asset replacements should be included in asset management plans and considered within the requirements of the whole of Council and funded in the LTFP.
Election Expenses	As Council elections only happen every four years this cost is spread over four years so that one year does not wear an excessive cost	The cost of the election each four years		Transfer to Reserve allocated in each annual budget	$165,000
Officer Recommendation: Release The four yearly election cycle is included in the LTFP predictions and budgeted for in the annual budget for 2022 and 2025.
Information Technology Facilities	For the provision of replacement / upgrade of Hardware/ software	New software/ hardware or upgrades		Savings from operations budget	$205,199
Officer Recommendation: Release Council’s LTFP includes a projection of changes in hardware and software solutions. Most of the Council’s Information Technology equipment is provided through leasing.
Insurance Claims [Unspent]	Any claims paid to Council with unspent funds	Costs relating to repairs etc		Claims made to insurance co	$71,780
Officer Recommendation Release These funds relate to the Bega Sporting Club Insurance and will be provided in the 2021 Budget. The reserve should then be released and not used in future
Insurance Excess Reserve	To fund Council’s excess on any claims above the allocated amount in the Budget	Amount in excess of allocation		Any unspent amounts from budget not used	$100,000
Officer Recommendation Release All excesses above budget amount should be reported to Council for funding and an annual amount to cover excess claims is included in the annual budget in risk.
Merimbula Jetty Maintenance and Improve	To fund maintenance and improvements to Merimbula Wharf	Maintenance and improvements to Merimbula Wharf		Surplus from Lease fees less costs of maintenance	$46,145
Officer Recommendation: Release All repairs and upgrades should be included in asset management plans and considered within the requirements of the whole of Council and funded in the LTFP
Operational Examination Contingency	Now redundant as it is not to be used again and relates back to 2005-2006				$27,397
Officer Recommendation: Release Previously identified as redundant.
Property Development Reserve	The current balance represents sales of land from Valley and Phillip streets.	Any projects that have approval from Council resolution but should relate to property development.		Maybe replenished by future land sales or specially designated budget allocations or Council resolutions.	$177,887
Officer Recommendation: Release Councils Delivery Plan and Operational plan should identify Property Development projects and then fund through the LTFP.
Property Sale 73 Upper St	Generated from sale of 73 Upper St that was originally funded from HACs funds and is restricted to be used only for the HAC funded programs.	HAC program expenditure		not being replenished	$58,215
Officer Recommendation Release These funds have been allocated in the 2021 Budget. The Reserve will be exhausted and should be discontinued.
Tathra Foreshore Committee Projects	Appears to be surplus from recommended committee projects or not done 2007/08	Looks to relate to Parks & Gardens renewals upgrades for Tathra Foreshore		Once spent will not be replenished	$24,658
Officer Recommendation All repairs and upgrades should be included in asset management plans and considered within the requirements of the whole of Council and funded in the LTFP
Old Bega Racecourse Development	Appears to be sale of water Licence to be used to offset costs on lot b of development used for community and recreational purposes	Cost would be related to SPN no 635		No ongoing revenue source	$32,815
Officer Recommendation All repairs and upgrades should be included in asset management plans and considered within the requirements of the whole of Council and funded in the LTFP
Access Committee Reserve	Budget allocation of $25K each year for projects identified by access committee	Projects identified by committee		Budget allocation of $25K each year	$29,900
Officer Recommendation: Release Should be included as carryover or revote each year not held in reserve.
Total requested for release			$2,050,576

Legal /Policy

Local Government Act 1993 No 30, Chapter 13 , Part 3, Division 1, Funds provides the legislative context regarding funds management and the use of reserves (Attachment 1).

Local Government Code of Accounting Practice and Financial Reporting

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP: 6.12: Our Council is financially sustainable and services and facilities meet community need

DP: 6.12.5: Improve the provision of corporate financial services

OP: 6.12.5.2 - Prioritise actions of Finance Improvement Plan and deliver agreed milestones

Environmental / Sustainability

There are no environmental sustainability impacts associated with the recommendations of this report.

Economic

This report is seeking to release internally restricted reserves to the value of $2,050,576 across 13 reserves. This recommendation is in accordance with the NSW Local Government Accounting Code which states:

Internal restrictions shall include those assets, the uses of which are only restricted by a resolution of the elected council. These assets are disclosed with details of the nature of the internal restrictions.

Risk

The recommendations of this report allow Council to manage budget expenditure across the long term financial plan period which allows for flexibility to align with Council priorities, using the IPR framework and is managed by resolutions of Council.

Social / Cultural

Management of long term budgets across all services enables Council to be responsive the priorities and direction of Council and the community as documented in adopted asset management plans and the four year delivery program and annual operational plan and budget. Further, community engagement is undertaken each year through the annual budgeting process which allows the allocation of unrestricted funds across priority projects.

Attachments

1 ⇩. Local Government Act 1993 No 30, Chapter 13, Part 3, Division 1, Funds

Council 16 September 2020

Item 13.2

13.2. Financial Assistance for Preschools

Following an announcement of extended financial support for preschools from the NSW Government, it is proposed that Council extend the current fee relief for Council-run preschools.

Director Community Environment and Planning

Officer’s Recommendation

That Council continue to support families to access Council-operated preschool services at no cost until 31 December 2020. This service will be funded from NSW Government contributions, with any shortfall met from Council’s Children’s Services Reserve.

Executive Summary

The NSW Government has announced an extension to its funding relief package for preschools. The announcement means that families will not be charged fees for preschool enrolments for the remainder of 2020 and a direct subsidy will be paid to providers to cover lost fee income. Under the conditions of the extended funding relief package, preschool service providers are not permitted to increase fees before 1 January 2021. It is therefore recommended that the implementation of fee increases set out in the 2020/2021 Fees and Charges for preschool enrolments, to commence on 29 September 2020, be postponed until 1 January 2021.

Background

Relief packages have been provided by NSW and Federal funding throughout 2020 to relieve financial pressures on families and service providers arising from the COVID-19 pandemic.

In relation to preschool services, the NSW Government has subsidised Council to enable services to be provided at no cost to families for term two and term three in 2020. Under these funding arrangements, children’s service providers were not permitted to increase preschool fees during the period that they received the subsidy. To comply with these conditions, Council resolved to delay the commencement of the new 2020/2021 Fees and Charges for Children’s Services until 28 September 2020.

An extension to the NSW Government funding relief for preschools has recently been announced. The means that families will again not be charged fees for preschool enrolments for the remainder of 2020 and a direct subsidy will be paid by the NSW Government to preschools to cover lost fee income. Under these funding arrangements, services are again not permitted to increase preschool fees during the period that they receive the subsidy.

To meet the conditions of the extended funding relief package it is recommended that there be a further delay in the commencement of the 2020/2021 Fees and Charges, for preschool enrolments only, until 1 January 2021.

This announcement only applies to NSW Government funded preschool places and does not apply to Council’s Federally government funded Long Day Care and After School Care programs. Council’s Long Day Care and After School Care fees are not impacted by this announcement, and fee increases identified in the adopted Fees and Charges will apply from 29 September 2020.

Community Engagement

Council consideration of input

At the Ordinary Meeting of 29 April 2020, Council resolved to implement a number of actions to address the social and economic impacts on the community from the COVID-19 pandemic. At that meeting Council considered financial packages being provided to Children’s Services and resolved:

· That Council support families to continue to access Council-operated childcare until 30 June 2020 at no cost. This service will be funded from Federal and NSW Government contributions, with any shortfall met from Council’s Children’s Services Reserve.

· That Council recognise the evolving nature of directives from Federal and State Governments relating to COVID-19 including those related to children’s services beyond 30 June 2020 and note that staff will bring back a report to assess situations when required.

Further funding packages provided by the NSW and Federal Governments have been contingent on Children’s Services not increasing fees until after September 28, 2020.

Following this, on 22 July 2020, Council resolved that any fee increases for Children’s Services would be postponed until after September 2020. This provision is set out in Council’s adopted Fees and Charges 2020-2021.

This report is presented in recognition of the most recent directives from the NSW Government in relation to preschool fees.

Financial and resource considerations

Council’s Children’s Services are funded by a mix of fees, subsidies and grants. They include Long Day Care and After School Care, which are Federally funded, and Preschool services which are State funded.

The anticipated revenue from fees and government subsidies for Children’s Services in the 2021 financial year is $2,685,253, with budgeted preschool fee revenue of $49,890. The budgeted increase in Preschool fees from 28 September to 1 January 2021 was estimated to recoup $540 across all services. All indications are that this will be offset by secure funding from the NSW State Government. However, if necessary, it is proposed that any shortfall be met from Council’s Children’s Services Reserve.

Legal /Policy

There are no direct legal or policy implications associated with the recommendation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan Goals, Delivery Program 2017 – 2021 Actions, and 2020-2021 Operational Plan Activities related to this report are:

Goal 2: Employment and Learning Opportunities

Action: 2.4: We have meaningful employment and learning opportunities for people in all stages in life

Activities: 2.4.1: Deliver early childhood education through an approved curriculum to foster children’s learning, development and growth

Goal 6: Strong, Consultative Leadership

Action: 6.12: Our Council is financially sustainable, and services and facilities meet community need

Environmental / Sustainability

Sustainability is a core principle to decision making; this report seeks to provide a balanced approach to assist our communities in recovering from the culmination of multiple devastating environmental, social and economic impacts of bushfires and COVID 19.

Economic

Fee relief for families with children attending preschool addresses the financial hardship being experienced by our community as a result of both bushfires and COVID 19. This fee relief aims to support families to remain in the workforce and offset economic losses associated with these disasters.

Risk

It is important to note that the NSW Education Minister has publicly announced that preschool places are free until the end of the year.

If Council were to opt out of the preschool funding package extension (and charge families fees instead of receiving the funding package), it will almost certainly have significant impacts on the reputation of Council and Children’s Services and likely lead to cancelations of enrolments, which will in turn reduce fee income.

Financial risks to Council as a result of this recommendation are negligible.

Social / Cultural

Council’s preschool services operate in Bega, Bemboka, Candelo and in Eden and are an integral component of early childhood education in the Bega Valley Shire. The educational programs provided prepare young children for primary school, nurture self-esteem, wellbeing and development, and stimulate skills in thinking, communicating, physical wellbeing and safety. They also develop early language, literacy and numeracy skills, essential for a child’s successful transition to school. The ongoing provision of these services provides much needed stability to our younger generations and has flow on effects that benefit parents, carers and the broader community.

Attachments

Nil

Council	16 September 2020
*Item 12.3 - Attachment 1*	Ballot Papers Mayoral Election 16 September 2020

Council	16 September 2020
*Item 12.3 - Attachment 2*	Nomination paper (hard copy) for the position of Mayor Election 16 September 2020

Council	16 September 2020
*Item 12.3 - Attachment 3*	Nomination paper (e-form) for the position of Mayor Election 16 September 2020

Council	16 September 2020
*Item 12.4 - Attachment 1*	Ballot Papers Deputy Mayor Election 16 September 2020

Council	16 September 2020
*Item 12.4 - Attachment 2*	Nomination paper (hard copy) for the position of Deputy Mayor Election 16 September 2020

Council	16 September 2020
*Item 12.4 - Attachment 3*	Nomination paper (e-form) for the position of Deputy Mayor Election 16 September 2020

Council	16 September 2020
*Item 8.1 - Attachment 1*	Locality Plan

Council	16 September 2020
*Item 8.1 - Attachment 2*	Development Plans

Council	16 September 2020
*Item 8.1 - Attachment 3*	Section 4.15 Assessment Report

Council	16 September 2020
*Item 8.1 - Attachment 4*	Applicant Variation Request

Council	16 September 2020
*Item 8.1 - Attachment 5*	Draft Consent

Council	16 September 2020
*Item 11.1 - Attachment 1*	Council report dated 22 July 2020 Tathra Beach Kiosk

Council	16 September 2020
*Item 11.3 - Attachment 1*	Council Report dated 17 December 2014 - Boundary Adjustment Tanja RFS site

Council	16 September 2020
*Item 11.3 - Attachment 2*	Certificate of Title Lot 2 DP 1262460

Council	16 September 2020
*Item 13.1 - Attachment 1*	Local Government Act 1993 No 30, Chapter 13, Part 3, Division 1, Funds

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

Mayoral Election

Adjournment – 30 Minutes

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Mayoral Election

16 September 2020

Council

16 September 2020

Staff Reports –Planning And Environment

16 September 2020

Officer’s Recommendation

Executive Summary

Background

Description of the proposal

Description of the site

Planning assessment

Zoning

Community Engagement

Attachments

Council

16 September 2020

Staff Reports – Infrastructure Waste And Water

16 September 2020

Council

16 September 2020

Staff Reports – Governance And Strategy

16 September 2020

Staff Reports – Finance

16 September 2020

16.1. Cr Kristy McBain - Indigenous place based agreement

Notice of Motion

Background

Attachments

16.2. Cr Cathy Griff - Referral of Development Applications to Council for Determination

Notice of Motion

Background

Attachments