Agenda of Council - 16 October 2013

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 and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department 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?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

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
Division of Local Government (DPC)	(02) 4428 4100	dlg@dlg.nsw.gov.au	www.dlg.nsw.gov.au
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Division of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (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.

Council 16 October 2013

AGENDA

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 25 September 2013 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

Recommendation

That the leave of absence from 13 September 2013 to 18 October 2013 requested by Cr Britten be accepted.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

RECOMMENDATION

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8 Staff Reports – Sustainability (Planning and Environment)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1 Proposed modification to conditions of Development Consent - Proposed retail development - Main Street, Merimbula.................................................................................. 11

8.2 Proposed amendment to Bega Valley Local Environmental Plan 2013 Land Application Map to include the waters of Snug Cove and Cattle Bay............................................. 44

8.3 Request for review of determination of Section 96 Application to Modify - Alterations and additions to entertainment establishment - Four Winds Barraga Bay................. 48

9 Staff Reports – Liveability (Community and Relationships)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

9.1 Review of the Library Community Van service................................................. 70

10 Staff Reports – Enterprising (Economic)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

10.1 Acquisition of Crown land at Bermagui for addition to R89619 Kindergarten Reserve 76

11 Staff Reports – Accessibility (Infrastructure Waste and Water)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1 Lease of land to Discovery Holiday Parks at Pambula Beach.......................... 82

11.2 South East Regional Hospital Shared Sewage Pump Station........................... 93

11.3 Central Waste Facility Staffing....................................................................... 96

11.4 Bega Recreation Ground – Spectator Facilities.............................................. 102

11.5 Wolumla Recreation Ground - Request to Transfer Trusteeship to Council....... 107

11.6 Bega Traffic, Parking and Pedestrian Study.................................................. 112

11.7 Merimbula Airport Master Plan...................................................................... 116

12 Staff Reports – Leading Organisation Governance and Strategy)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1 Internal Audit Committee - the year in review.................................................. 136

12.2 Expression of Interest - General Manager Recruitment Services provider........ 139

12.3 Pecuniary Interest Returns 1 July 2012 to 30 June 2013.................................. 141

12.4 Declassification of closed session reports property Princes Highway Cobargo 145

12.5 Certificate of Investments made under Section 625 of the Local Government Act 1993 148

12.6 Local Government Infrastructure Renewal Scheme - Round 3....................... 153 .

13 Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

14 Delegates Reports

15 Rescission/alteration Motions

16 Notices of Motion

16.1 Plastic Bag Ban........................................................................................... 157

17 Urgent Business

18 Questions On Notice

19 Questions for the Next Meeting

20.. Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public............ 159

20.1 Eden Gardens Country Club

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report 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.

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 16 October 2013 Item 8.1

8.1. DA No. 2008.629: Proposed modification to conditions of Development Consent - Proposed retail development - Main Street, Merimbula

Group Manager Planning & Environment

Applicant	Flint Architects Pty Ltd
Owner	Merimbula Nominees
Site	Lot 1 DP 37533 and Lot 2 DP 543333, 107-113 Main Street, Merimbula
Zone	3(a) General Business under Bega Valley Local Environmental Plan 2002
Site area	7,783m²
Proposed development	Retail Development (Supermarket)
Proposed modification	1. Amendment to approved development including parking layout, height of plant room and setbacks. 2. Deletion of Condition 15 requiring the provision of 127 car parking spaces on-site during construction.

Precis

Council is in receipt of a Section 96 Application seeking to modify the approved development plan and to delete Condition 15 of Development Consent No 2008.629.

The proposed amendments to the approved development plan are considered minor and consistent with the approved development.

The request for deletion of Condition 15, if approved, would result in a deficit of 127 car parking spaces, required for the Merimbula RSL Club, during the period of time required for construction of the proposed development.

The request for deletion of Condition 15 was referred to the Merimbula Chamber of Commerce and Merimbula RSL Club for comment. The Chamber and the RSL gave conditional support to the deletion of Condition 15.

The application for modification is recommended for approval.

Background

Development consent was issued on 3 September 2010 for a retail development (supermarket) at Lot 1 DP 37533 and Lot 2 DP 543333, 107-113 Main Street, Merimbula on a deferred commencement basis, subject to conditions.

The deferred consent was subsequently modified by Council at its meeting of 8 February 2011 and a modified deferred development consent was issued.

Condition 15 of the consent states;

“That provision shall be made for the parking of 127 vehicles on-site during construction to satisfy the restriction on title to provide parking for the Merimbula RSL development,

Alternative arrangements shall be made for the parking of 127 vehicles within or adjoining the Merimbula CBD to the satisfaction of Council and the Merimbula RSL.

Full details shall be provided to Council for approval prior to the issue of a Construction Certificate by the Principal Certifying Authority.

Once approved by Council the method of provision of 127 spaces shall be included in the Works Traffic Management Plan.”

Description of the APPROVED DEVELOPMENT

The approved development involves the construction of a retail building of 3,800sqm for use as a supermarket at ground level with basement and ground level parking.

The building would be situated on the eastern half of the site and extend almost the full length of the eastern boundary.

The retail area is located on the ground floor, with a finished floor level of RL17.10 metres AHD. A plant/mezzanine level of 200m² would be constructed as an additional level over a portion of the retail area, with a finished floor level of approximately RL21.30 metres AHD.

The building would have a depth of approximately 65 metres and a width of approximately 37 metres.

Customer access to the development would be from both Main Street and a new service road constructed from Sapphire Coast Drive, with all delivery and construction vehicles denied access off Main Street by condition of consent.

Description of the site

The subject site is located on the northern side of Main Street and adjoins the Merimbula Imlay Bowling Club, Club Sapphire to the west, Council’s former library and child care centre to the east and vacant land to the north. The land is rectangular in shape with an area of 7,783sqm and a frontage of approximately 73m to Main Street.

The site rises gently from Main Street by approximately 3m and falls away quite steeply near to and beyond the north east boundary.

The site currently contains sealed and unsealed areas used informally for car parking.

Details of modification sought

Details of the proposed modifications are outlined below:

1. Reduction in total retail floor space from 3,800m²to 3,692m²

2. Modification to the building layout to include a separate retail tenancy of approximately 180m ²,travelator, larger entry lobby and minor alteration to the approved plant and equipment room.

3. Increase in height of the plant room by 2.3m to accommodate the loading dock with adequate clearance for delivery vehicles.

4. Proposed building setback of 1.5m to the eastern boundary compared to zero approved.

5. Proposed building setback of 800mm to Main Street compared to zero approved.

6. Proposed car parking layout modified to comply with Development Control Plan No. 7 – “Parking Code” as required by Condition 13 of the consent.

7. Minor modification to the proposed Main Street elevation including provision of landscaping and greater window area.

8. Deletion of Condition 15

Planning comments – request for modification

The amendments to the proposed building, including floor layout, setbacks and parking layout are only minor and would normally have been determined under staff delegation. The proposed increase in height of the loading dock area, whilst being some 2.3m above the approved plan, is only over a small section of the building and well within the 16m height limit proposed for the site. The proposed increase in height would have minimal, if any, effect as viewed by residences from the Berrambool area.

Accordingly, these proposed modifications were not notified to adjoining properties, or to previous objectors, as the proposed modified development would be substantially the same as approved by Council on 8 February 2011.

If approved, the deletion of Condition 15 (removing the requirement for the provision of 127 on-site car spaces during construction) would have a significant short-term impact on the availability of parking in the Merimbula CBD.

Condition 15 states:

“That provision shall be made for the parking of 127 vehicles on-site during construction to satisfy the restriction on title to provide parking for the Merimbula RSL development,

Alternative arrangements shall be made for the parking of 127 vehicles within or adjoining the Merimbula CBD to the satisfaction of Council and the Merimbula RSL.

Full details shall be provided to Council for approval prior to the issue of a Construction Certificate by the Principal Certifying Authority.

Once approved by Council the method of provision of 127 spaces shall be included in the Works Traffic Management Plan.”

This condition was imposed as Lot 2 DP 543333 is burdened by a restriction on title which states:

“That whilst the Merimbula RSL Club or its successor in title maintain Licensed Club premises on Lot 11 DP 630479 then the registered proprietor shall not use the subject land, Lot 2 DP 543333 other than as a car park in conjunction with the Licensed Club’s activities.”

Bega Valley Shire Council is the nominated authority entitled to vary or release this restriction as to user.

In considering the request to delete this condition Council should be aware that, during the original exhibition of the development application, 11 objections were received to the proposed development. The objections raised concerns regarding the potential loss of the 127 spaces during construction and the negative effect this would have on the Merimbula CBD. One such submission was received from the Merimbula Area Chamber of Commerce and Tourism.

As part of the assessment of the current Section 96 Application, the request for deletion of condition 15 was referred to the Merimbula Chamber of Commerce for comment with the following response received:

“Thank you for your letter advising of the intention of Gerald Rawson to remove the car parking provisions during the construction of his development.

The Merimbula Chamber of Commerce have discussed this at length. While we feel that removing car parking within the Merimbula CBD would be very inconvenient given the area is already stretched, particularly during peak periods; we feel that the opportunity for investment into Merimbula through this development will have a greater long term benefit than the immediate inconvenience.

Merimbula is in dire need of investment and capital injection to allow the area to begin moving out of the glut it is currently in. It is our belief that this development will boost our local economy and provide a much needed opportunity for town growth in the following ways:

‐ the generation of jobs and activity during the development phase

‐ the long‐term growth benefit a development of this nature (including the Club Sapphire development) will have on Merimbula.

Therefore, with a long term view for our area, the Merimbula Chamber of Commerce would accept the removal of condition 15 (i.e. provision of 127 car parking spaces) on the following conditions:

1. the loss of the car parking spaces is limited to a period no longer than 12 months; with a preference to the development starting immediately after the end of our Summer peak thereby allowing the reopening of some, if not all, car parking if development moves quickly.

2. Some attempt is made by the developer to gain permission for customers currently parking in this area to have access to other private car parking within Merimbula i.e. Club Sapphire, RSL, BVSC and Landlord owned private parking areas.

The Merimbula Chamber of Commerce will also be working with local businesses to encourage business owners and their staff not to park within the Merimbula CBD while they are working. If Council are aware of any Council or landlord owned private parking area that could be made available to Merimbula staff to further encourage this, we would welcome assistance in this area.”

The request for deletion of condition 15 was also referred to the Merimbula RSL Club for comment. The RSL advised that there is no objection to condition 15 being deleted provided that the spaces are provided in perpetuity once the construction is complete.

conclusion

The Section 96 application includes amendments to the proposed building including: modified floor layout, increased setbacks to the Main Street and eastern side boundaries, increased height of the plant room, reduction in retail floor space and changes to the parking layout. These proposed amendments are considered to be only minor in nature and are supported by staff.

The request to delete condition 15 of the consent would result in a loss of 127 car parking spaces in the Merimbula CBD during the construction phase of the development. The loss of these spaces would have a short-term impact on the functioning of the CBD and availability of parking spaces for shoppers and workers alike.

Due to the potential impact of the loss of the spaces, the request was referred to the Merimbula Chamber of Commerce and the Merimbula RSL Club for comment.

The Chamber has advised that whilst it is recognised that any loss of parking during the construction of the development would impact on the CBD there would be a longer term gain to the community by the development proceeding.

The RSL Club has advised there is no objection to deletion of the condition providing the 127 spaces, which benefit the Club, are provided in perpetuity once the development is constructed. It should be noted that the approved development includes the provision of the 127 spaces, in addition to the parking requirements for the proposed supermarket development.

The land subject to the application is burdened by a restriction on title which states;

Condition 15 of the consent recognises this restriction and accordingly imposes a condition requiring the 127 spaces to be provided during construction.

Bega Valley Shire Council is the nominated authority entitled to vary or release this restriction as to user.

Upon consideration, it is recommended that condition 15 be amended to read:

· That provision shall be made for the parking of 127 vehicles on-site within 12 months of the commencement of construction to satisfy the restriction on title to provide parking for the Merimbula RSL development,

· That construction works on site shall not commence prior to February 2014.

ATTACHMENTS

1 View. Section 96 Application to Modify Request

2 View. Draft Modified Deferred Commencement Consent

Recommendation

That the Section 96 Application to modify Development Application No. 2008.629 for the development of Lot 1 DP 37533 and Lot 2 DP 543333, 107-113 Main Street, Merimbula to permit a retail development be modified in accordance with attached draft modified deferred development consent.

Council 16 October 2013 Item 8.2

8.2. Proposed amendment to Bega Valley Local Environmental Plan 2013 Land Application Map to include the waters of Snug Cove and Cattle Bay

This report proposes a clear assessment pathway for potential marina developments in Cattle Bay and Snug Cove by amending the Bega Valley Local Environmental Plan 2013 Land Application Map.

Group Manager Planning & Environment

Background

At the meeting of 4 September 2013 Council considered a report on the Eden Port Regional Development Australia Fund (RDAF) 4 Project Update. The report discussed proposals for marinas and associated developments by Eden Hotel Resorts in Cattle Bay and Port of Eden Marina Inc. in Snug Cove. A third proposal involves extending the existing breakwater wharf facility and associated works within the Port of Eden. This report discusses procedural issues associated with assessment and determination of such developments.

STATUTORY PLANNING POSITION

The proposed extension of the existing breakwater wharf facility is within the Port of Eden designated area which is under the responsibility of Sydney Ports (a State port corporation). Under the State Environmental Planning Policy (Infrastructure) proposals undertaken by, or on behalf of, a Port Corporation are permissible without consent under the Environmental Planning and Assessment Act 1979. Instead, they are subject to a State-based approval process. The proposed marinas, however, do not fall under this category of development.

The NSW Department of Planning and Infrastructure has advised Council that Twofold Bay is outside the Bega Valley Shire LGA, as is it is not an enclosed bay. This was established in the Land and Environment Court decision in Boydtown Pty Ltd v Bega Shire Council (1994 LEC 39). Therefore the waters of Cattle Bay and Snug Cove are not subject to Bega Valley Local Environmental Plan 2013 which only applies to land identified on the Bega Valley Local Environmental Plan 2013 Land Application Map. As a consequence, the marina proposals are not a category of development that is assessed and determined under Part 4 of the Environment Planning and Assessment Act 1979 and, instead, are assessed under Part 5 of the Act.

Under Part 5 the marina proposals are likely to require an Environmental Impact Assessment or Environmental Impact Study for consideration by multiple determining authorities, depending on what approvals are needed (e.g. lease of Crown Lands and environmental protection licence from the Environment Protection Authority). Assessment by multiple determining authorities under Part 5 can be complex because each authority issuing an approval needs to undertake separate environmental assessment and determinations.

Approval under Part 4 is a more integrated assessment pathway as an applicant is required to submit a development application and Environmental Impact Study for assessment by Council. The Council coordinates all external referrals and determination is by a single consent authority. As a marina development constitutes “designated development” under the provisions of the Environmental Planning and Assessment Regulation, the Southern Region Joint Planning Panel would be the determining authority.

To facilitate this process, it is proposed to prepare a planning proposal to amend the Land Application Map 2013 to include the area of water covering the proposed Cattle Bay and Snug Cove marinas. To this effect a line has been drawn from an appropriate geographic feature, being Cocora Beach Headland, to the boundary of Lot 1 DP 738477 which includes the existing breakwater wharf facility as shown on the map below.

The area of water is “unzoned land” under BVLEP 2013 which is proposed to be retained. Any future development application would be able to be considered on its merits in the context of the adjacent zones under Clause 2.4 of BVLEP 2013. Under Clause 2.4 development may be carried out on unzoned land, with development consent, if it is appropriate and compatible with permissible uses on adjacent land.

Should a development application be lodged within the subject area, the approval process for the planning proposal and development application could run concurrently depending on timing of completion of the necessary environmental studies by the proponent. However, as a minor amendment to the Land Application Map, it is likely that the planning proposal will be concluded before such a development application is ready for determination.

ISSUES

Legal

The NSW Department of Planning has advised that the location of the proposed marinas is outside the Bega Valley Shire Local Government Area. Legal advice obtained by the proponent of the Cattle Bay development indicates that Council is currently unable to deal with a development application for a marina and associated development under Part 4 of the Environmental Planning and Assessment Act 1979.

The Department has advised that amending the Land Application Map would provide greater certainty for proponents of development in this area and facilitate consideration of proposals under Part 4 of the Environment Planning and Assessment Act 1971. It is noted that amendment of the Land Application Map does not constitute an amendment to the LGA boundary, it only enables assessment of development applications under Part 4 of the Environmental Planning and Assessment Act 1979.

Consultation

Any planning proposal is required to be referred to the NSW Department of Planning Gateway Panel for determination. The Gateway Determination, if approved, will confirm community consultation requirements. Public exhibition of the planning proposal is likely to include notification on the Bega Valley Shire Council website and in local newspapers; and writing to relevant government agencies and adjoining landowners and community groups.

Conclusion

Amending the BVLEP 2013 Land Application Map will enable Council to consider and assess any development applications for marina developments in Cattle Bay and Snug Cove under Part 4 of the Environmental Planning and Assessment Act 1979, thereby providing a clear assessment pathway for prospective applicants.

ATTACHMENTS

Nil

Recommendation

That Council resolves to prepare a planning proposal to amend the Bega Valley Shire Land Application Map 2013 to include the area between Cocora Beach Headland and Lot 1 DP 738477 (inclusive) and forward to the NSW Department of Planning Gateway Panel for determination.

Council 16 October 2013 Item 8.3

8.3. 2012.393 Request for review of determination of Section 96 Application to Modify - Alterations and additions to entertainment establishment - Four Winds Barraga Bay

Group Manager Planning & Environment

Applicant	Four Winds Inc.
Owner	As above
Site	Lot 130 & 131 DP 1178806, 3511 Tathra- Bermagui Road, Barraga Bay.
Zone	1(a) Rural General Zone under Bega Valley Local Environmental Plan 2002.
Approved development	Alterations and additions to an Entertainment Establishment including the erection of a performance pavilion, access road, parking and ancillary infrastructure and intensification of the use

Precis

Council has received a request from Four Winds Concerts Inc. seeking a review of the decision of the Group Manager Planning and Environment to refuse the deletion of condition 5 of the development consent as sought by the Section 96 Application to Modify Development Consent No. 2012.393.

The decision not to delete condition 5 of the consent, which requires the internal access road to be bitumen sealed, was made under the delegated authority of the Group Manager Planning and Environment.

The request for review is submitted for Council determination.

Background

Development Consent No 2011.228 was issued on 6 September 2011 for an entertainment establishment (bi-annual open air music concert) and associated infrastructure including performance stage, canopy and amenities.

The approved development included a condition requiring the construction of a new internal entry road, off Four Winds Road, prior to the 2018 event taking place. This internal road was to be constructed to a 4m wide gravel standard, except for any part of the road which exceeded a 15% grade, which was to be bitumen sealed.

Access to the site prior to 2018 would be via an existing right of carriageway over adjoining land.

It should be noted that the internal access road has been constructed and is the main access to the entertainment establishment.

Development Consent No 2012.393 was issued on 11 March 2013 for Alterations and Additions to an Entertainment Establishment including erection of a performance pavilion, access road, parking and ancillary infrastructure and intensification of the use.

The consent approved the increase in events from bi-annual to;

a) four major events per year that shall not exceed 2000 patrons at the event at any one time and the duration of which shall not exceed two consecutive days per event subject to compliance with Condition 3,

b) one minor event per month that shall not exceed 500 patrons at the event at any one time,

c) the unlimited use of the performance pavilion which shall not exceed 160 patrons,

Condition 5 of the consent required the following;

· The applicant shall provide a 4m wide two coat bitumen seal of the formed access approved under DA No 2011.228 prior to any event occurring on-site.

Four Winds Inc lodged a Section 96 application to modify a number of the conditions of development consent 2012.393.

The applicant as part of the Section 96 modification application sought the deletion of condition 5 of the consent.

In support of the request the applicant submitted the following –

“We seek deletion of this condition. We appreciate if money was no constraint that a sealed road would be the ultimate surface for pavement stability long term and would lessen actions needed for dust control. But previous Council advice was that a road of 15% or less would not require sealing and the current gravel pavement was approved for the road Construction Certificate. Further TTM advise the proposed volume of use does not warrant sealing. Four Winds accept they will be required to effect watering for dust suppression and to keep the gravel pavement maintained, with good drainage to limit gravel loss.

“We note Council has seen fit to approve the current biennial festival on the basis of an ongoing gravel formation.”

The modification request was determined under the Delegated Authority of the Group Manager Planning and Environment with the modification request approved except for the requested modifications to conditions 3, 5, 7 and 25.

The applicant has now lodged a request for review of the decision not to delete condition 5.

REVIEW OF DETERMINATION DECISION ON REQUEST TO MODIFY A DEVELOPMENT CONSENT

Pursuant to Section 96AB of the Environmental Planning and Assessment Act 1979, the applicant for the modification of a development consent for which a Council is the Consent Authority may request the Council to review a determination by the Council.

Section 96 AB (3) states –

“The review must be carried out by:

a) If the determination was made by the Council – the Council; or

b) If the determination was made by a delegate of the Council – by the Council or another delegate of the Council who is not subordinate to the delegate who made the decision.”

As the determination of the modification application, subject to the request for review, was made by the Group Manager Planning and Environment, Council is the appropriate body to determine the request.

DETAILS OF THE APPLICANT’S REQUEST FOR REVIEW

The applicant in support of the request for review has submitted the following –

1. Four Winds is advised by B J Earthworks and Tasman Engineering that the preferable surface for a road in this site and for this use is rolled crushed blue-metal and not bitumen, and that there is a reasonable chance that bitumen will break up in this location unless it is applied after a very expensive treatment of the underlying road base.

2. A realistic quotation for the work required for preparation and bitumen sealing is $81,000.

3. Our contractor advises us that maintenance of a gravel road in this location, using a grader, water truck and roller is preferable to maintaining a bitumen road.

4. A Traffic Impact Assessment prepared by TTM Consulting and submitted with the Four Winds Development Application stated there is no reason to seal a road for the proposed traffic activity schedule.

5. The issue of dust from the road is already mitigated by a condition in the Development Approval that a water truck be used for that purpose. Furthermore, the new road is within the Four Winds property, is separated from adjacent properties by forest, and blue-metal roads of this type are not dusty roads.

6. The project to build Nature’s Consent Hall is full funded. Four Winds has raised more than $3 million from the Federal and NSW Governments, and from foundations and private donations. Additionally in kind contributions are already in excess of $1 million. The requirement that the road be sealed before the site can be used is unaffordable.”

DELEGATED AUTHORITY DETERMINATION - SECTION 96 APPLICATION TO MODIFY

The Section 96 Application to Modify consent conditions of DA No 2012.393, including condition 5, was the subject of a report submitted to the Group Manager Planning and Environment for consideration. The Section 96 Application was determined by the Group Manager under delegated authority.

The report included the following staff comments in respect to the request to delete condition 5 and the requirement to bitumen seal part of the internal road:

“Condition 5 was placed on the approval as the development application proposed to increase events at the site from one concert every two years, to 4 major events per year attracting up to 2000 patrons, 12 minor events per year attracting up to 500 patrons and unlimited use of the performance pavilion that may accommodate up to 160 patrons (now…250…).

“The increase in use of the site is significant when the current development approval under DA 2011.228 is for an event every two years that only permits up to 1500 patrons and required the access to be suitably constructed to accommodate for that use.

“The TTM report states that generally gravel roads or unsealed surfaces warrant sealing at around 150-200 AADT vehicle movements. The Average AADT for the proposal was calculated by TTM at around 60 daily vehicle movements and they concluded that they see no warrant to seal Four Winds Road consequent to the proposed activity schedule.

“Condition 5 only requires the sealing of the internal access handle, not Four Winds Road. The requirement for sealing was partly due to the additional vehicles that would be generated by the development as the assessed 60 average vehicle movements being generated is the equivalent of 10 new dwellings as detailed under DCP 2 – Subdivision Standards.

“Given the significant increase in traffic to be generated by the development and the grade of the access, it is considered appropriate that Condition 5 remain to ensure that soil erosion and sedimentation from runoff off the access road does not impact on the watercourse that traverses under the access road.”

RECENT SITE INSPECTION

The site of the internal access road was inspected by staff on 26 September 2013. Photos of the road and creek are shown at Attachment 4. The recently constructed gravel road is already showing signs of degradation, particularly along both edges. Sedimentation is clearly evident in the waterway which flows under the access road continuing to nearby Cuttagee Beach.

Requests to the applicant have been made by staff to remove the road material from the creek.

CONCLUSION

The request for review of the decision of the Group Manager Planning and Environment to refuse the deletion of condition 5 of DA No 2012.393 is submitted for Council determination in accordance with Section 96AB of the Environmental Planning and Assessment Act 1979.

ATTACHMENTS

1 View. Map showing extent of access road to be sealed

2 View. Copy of Section 96 Application to Modify request

3 View. Applicant request for review of Section 96 determination

4 View. Photos of access road and creek

Recommendation

That Council determine the request for review of the determination of the Group Manager Planning and Environment in respect of the Section 96 Application to Modify Condition 5 of DA No 2012.393 which was determined under delegated authority, dated 22 July 2013.

Council 16 October 2013 Item 9.1

9.1. Review of the Library Community Van service

A review of the Library Community Van Service has been conducted after two years of operation.

Acting Group Manager Community and Relationships

Background

On 10 August 2010 a report on the viability of the mobile library truck and service was submitted to Council. The report indicated that rising costs and decreasing patronage had made continuation of the service unviable and following a resolution of Council the mobile library truck was sold. While consultation with users, staff and a general survey had identified some concern about the loss of the mobile service, the public understood that costs were becoming prohibitive.

The report to Council also identified the need to implement a range of alternative cost effective programs if the mobile library ceased operation. In response to this the Bermagui library hours were extended to include Saturday mornings. A shared arrangement with the Council’s Pre-School service introduced the Library community van - a service operating two days a week. The volunteer home visiting service was also extended and has proved increasingly popular.

The Library community van commenced services in May 2011 with monthly visits to remote communities on a fixed Monday/Tuesday schedule. The community van service has been promoted continuously via radio, newspapers, posters, flyers, emails, personal visits and phone calls to community members. A review of the community van service has now been conducted.

The findings of that review show that the expected level of customer usage has not been realised. Customer patronage has been poor and sporadic and has not generated enough interest to justify the staff resources. Whilst mobile library services may be considered a growth industry for other library organisations, they usually reflect the demands of a much larger population base and shorter distances to travel. The small communities visited in the Bega Valley Shire appear to be otherwise engaged during the day and existing library users continue to visit our branch libraries.

None of the current routes have proved to be viable except for the Rocky Hall/ Wyndham stops, however even there the customer numbers are very low. The primary schools visited (Quaama, Candelo and Bemboka) have their own libraries and find it difficult to fit a library van visit into their schedules.

The Library Community Van impacts on staffing levels and puts pressure on other library services, particularly at the Bega Library. The van has also been used for rotation of library stock, however with the introduction of a council-run courier service this is now adequately catered for.

ISSUES

Social / Cultural

Library membership has increased by 2,000 this year and two thirds of the Shire population are active library patrons. Library programs and events over the past year have increased by 50% and library opening hours have been increased providing greater opportunities for access.

Library customers in remote areas appreciate access to library programs and services. Consultation with current users has identified a change in library usage and many are now incorporating library visits with regular visits to the main towns to conduct other business. Increasing the capacity of volunteer home library services on a needs basis, utilising a combination of volunteers and staff, and increasing the hours of operation at branch libraries will further address these access issues for people living in remote areas of the shire.

There has also been a significant increase in the demand for the services provided by the Local History Librarian. These requests predominantly come from older members of the community and with the Shire’s ageing population, ABS statistics indicate that the population of seniors over the next 5 years will increase from 15,000-19,000, the current two day position is inadequate to meet the need.

Mobile Preschool Services.

Operation of the mobile preschool services will not be affected by these recommended changes. The Children’s services budget has capacity to fund the fleet cost of the vehicle while exploring other options for use of the vehicle on Monday and Tuesday when the van is not used by the preschool. This may involve shared use with other BVSC services, or operating an extended Preschool service to other villages within the Shire, dependent on the availability of further funding.

Financial

There is no impact on the library budget. It is proposed the annual budget allocation for the Library Van of $18,600 be reallocated to:

a) Increase the Local History Librarian’s position from two days to three days per week ($13821), and

b) Increase the funding for the Home Library Service ($4779).

Funding source		Amount
Library Van Service (6000.0436.0001)	$	18,600.00

Resources (including staff)

The identified changes to operating hours and home library services will be covered by current staffing levels. The increase to the Local History Librarian’s position, by seven hours per week, will be covered by the budget reallocation.

Conclusion

An assessment of the library van service shows that limited patronage does not justify the amount of resources allocated and the service is not sustainable into the future; it is recommended that the Library Van service cease operations. Library resources are better utilised in other ways including the expansion of the Home Library Service, further resourcing the Local History librarian position to meet that demand, expanding operating hours at library branches and continuing to develop programs and opportunities to access libraries using new technologies. A number of strategies have been put in place to ensure that library services can still be offered to people living in the more remote areas of the shire.

Recommended strategies;

· Expansion of the Home Library Service to meet the needs of library users in remote areas of the shire, specifically Towamba, Rocky Hall and Wyndham.

· Increased hours of operation at Library branches to improve flexibility for library users.

· Use of the library managers vehicle to service critical mass areas such as Acacia Ponds and the Books in Flight service at Merimbula airport.

The Sapphire Mobile Children’s Services will assume sole operation of the vehicle and continue to operate the Preschool service at Candelo (Wednesday/ Thursday) and Bemboka (Friday). The service will commence discussions with local communities about extended funded pre-school services.

ATTACHMENTS

Nil

Recommendation

1. That the Library Community Van service ceases operation.

2. That those people affected by the cessation of service are notified and offered access to the expanded Home Library Service.

Council 16 October 2013 Item 10.1

10.1. Acquisition of Crown land at Bermagui for addition to R89619 Kindergarten Reserve

Council, in its capacity as Reserve Trust Manager for R89619 Kindergarten Reserve at Bermagui, seeks to add a portion of adjacent land to the Reserve.

Business and Technology Manager

Background

Council is the Reserve Trust Manager for R89619, being the Kindergarten Reserve, in Young Street, Bermagui.

The Bermagui Pre-school leases this site from Council in its capacity as Reserve Trust Manager, for a pre-school facility.

Adjacent to the site leased to the pre-school, there is a small strip of vacant Crown land, approximately 7 x 30 metres, which does not form part of the Kindergarten Reserve, but is part of R38110 Police Purposes, being Lot 4 in DP 1102635, noted on the attached map.

The pre-school has for some time, wished to consolidate the strip of land into one site with the land leased from Council, for the purposes of extension of the pre-school playground and facilities. The pre-school has previously approached Council with this proposal and received in-principle support in 2010 from the former General Manager.

The relevant strip of land is part of a larger portion of land, R38110 on Lot 4 in DP 1102635, that was subject to an Aboriginal Land Claim. The claim was finalised earlier in 2013.

Upon finalisation of the Aboriginal Land Claim, the committee of the Bermagui Pre-school contacted Council, seeking the addition of the relevant strip of land into the Kindergarten Reserve, by Council in its capacity as Reserve Trust Manager.

Council has held discussions with both the NSW Police Property Group, being the current manager of the relevant Crown land of R38110 for Police Purposes, and the Crown Lands Division, concerning the process to acquire the land for addition to the Kindergarten Reserve.

The Crown Lands Division has advised Council that the land in question is surplus to the requirements of the NSW Police Property Group and that the NSW Police Property Group has no objection to the land being added to the adjoining Kindergarten Reserve.

ISSUES

Legal

Lot 4 in DP1102635 is to be surveyed as a result of part of the Aboriginal Land Claim being successful. This will create two lots, one being the granted land, and the second, being the remnant of Lot 4 being sought by the pre-school.

The Crown Lands Division requires a formal request from Council in its capacity as Reserve Trust Manager of the Kindergarten Reserve, seeking addition of the remnant area of Lot 4 which has been excluded from the Aboriginal Land Claim, to R89616 Kindergarten Reserve.

Upon receipt of this formal request, the Crown Lands Division will undertake the necessary processes for approval. If obtained, the addition of the land to the Kindergarten Reserve will be notified in the Government Gazette.

The Crown Lands Division has informed Council that as it is unlikely that any Native Title interest in the land will be able to be extinguished, the site will only be able to be used for low impact uses under a licensing arrangement. This is a similar arrangement to the current licence to the Bermagui Pre-school over another portion of land that was added to the Reserve in July 2000.

Social / Cultural

Acquisition of the land into the Kindergarten Reserve managed by Council may enable the Bermagui Pre-school to expand its facilities.

Consultation

Council has held discussions with both the NSW Police Property Group, and the Crown Lands Division, concerning the process to acquire the land for addition to the Kindergarten Reserve.

Financial

It is not anticipated that acquisition of the strip of land into the Kindergarten Reserve will involve any financial implications for Council as Reserve Trust Manager.

Resources (including staff)

Some staff time will be required for liaison with the Crown Lands Division in relation to the formal process of acquisition and gazettal and for ongoing management of any additional licence arrangements with the Bermagui Pre-school committee.

Conclusion

In its capacity as Reserve Trust Manager for R89619 Kindergarten Reserve, Council seeks addition of the remnant of Lot 4 in DP 1102635 (yet to be surveyed and a separate lot to be created) into R89619 Kindergarten Reserve.

Upon gazettal, Council in its capacity as Reserve Trust Manager will then negotiate with the Bermagui Pre-school committee any licence arrangements that may be required, for low impact use of the site.

ATTACHMENTS

1 View. Map showing DP 1102635

Recommendation

1. That in its capacity as Reserve Trust Manager for R89619 Kindergarten Reserve, Council formally requests the Crown Lands Division to add the remnant of Lot 4 in DP 1102635 (yet to be surveyed and a separate lot to be created) into R89619 Kindergarten Reserve.

2. That upon gazettal, Council in its capacity as Reserve Trust Manager for R89616 will then negotiate with the Bermagui Pre-school committee any licence arrangements that may be required, for the low impact use of the site by the pre-school committee.

Council 16 October 2013 Item 11.1

11.1. Lease of land to Discovery Holiday Parks at Pambula Beach

Discovery Holiday Parks Pty Ltd, have leased a section of land from Council adjacent to the Pambula Beach Caravan Park since August 2008. That lease has recently expired and is now due for renewal.

Business and Technology Manager

Background

Discovery Holiday Parks Pty Ltd lease a large portion of Crown Land (directly from the Crown) located on the beachfront at Pambula Beach for the purpose of a caravan park. Bega Valley Shire Council however, is the appointed Reserve Trust Manager of the Pambula Beach (R89211) Reserve which is located adjacent to their Crown Lease site. Discovery Holiday Parks Pty Ltd have leased from Council Lot 533 DP 1014766 (see attached plan), which is a small strip of land off Pambula Beach Road for the purpose of overflow camping during peak periods.

The previous lease commenced on 23 August 2008 and was for a period of five years with no further option to renew. Crown Lands have no objection in-principle for Council, as Reserve Trust Manager, to enter into a further 10 year lease with Discovery Holiday Parks Pty Ltd for the purpose of caravan park, camping and landscaping. As the lease is used in conjunction with their adjoining long-term Crown Lease of the main caravan park site, Crown Lands have also advised that a public competition process will not be required in this instance.

ISSUES

Legal

In accordance with the requirements of the Crown Lands Act, Council must also obtain Minister’s consent to enter into any lease of Crown Land.

As the lease term will exceed 5 years, Council will be required to arrange for registration on title.

Policy

As the lease is considered to be for a commercial purpose, no rental rebate is available under Council’s Rental Assessment & Rebate procedure.

Asset

Lot 533 DP 1014766 is part of the Pambula Beach (R89211) Reserve, the affairs of which are managed by the Bega Valley Shire Council.

Consultation

As previously mentioned, Crown Lands have been consulted in relation to a further lease of this site to Discovery Holiday Parks Pty Ltd and in-principle support was granted, on the condition that any commencing rental would be at current market value.

Council will be required to advertise in local newspapers, the proposal to enter into a new lease with Discovery Holiday Parks Pty Ltd, with a 14 day submission period prior to executing the documents.

Financial

The lease fee for the past financial year was $4,488.57, however any new lease was to be based on current market rental. Accordingly, a valuation report was sought, which provided for a commencing rental of $7,130 per annum (exclusive of GST). The market rental was determined having regard to the permitted use of the site and the current tariff levels applied for the un-serviced camp sites. A copy of the valuation report is attached for the information of Councillors.

The new lease will also provide for a CPI increase annually, with a market rental valuation to be carried out every three years.

Lease monies received are to be used for maintenance costs associated with the Reserve.

Resources (including staff)

Council staff resources will be required to manage the agreement during its term to ensure all lease conditions are met.

Conclusion

In order to enter into a further lease with Discovery Holiday Parks Pty Ltd, Council resolution is required prior to it receiving Minister’s consent.

It is considered a suitable use of an otherwise vacant parcel of land and an additional revenue source to assist the Reserve Trust with maintenance costs associated with the surrounding reserve.

ATTACHMENTS

1 View. Map of Lease Area to Discovery Holiday Parks

2 View. Market Rental Valuation lease to Discovery Holiday Parks

Recommendation

1. That Council approve in principle a further 10 year lease to Discovery Holiday Parks Pty Ltd for the continued occupation of Lot 533 DP 1014766, located within Crown Reserve 89211 at Pambula Beach, at a commencing rental of $7,130 per annum (exclusive of GST).

2. That the Mayor and Acting General Manager be authorised to execute the necessary documents.

3. That in accordance with the requirements of the Crown Lands Act, Council obtain Minister’s consent to the lease agreement.

Council 16 October 2013 Item 11.2

11.2. South East Regional Hospital Shared Sewage Pump Station

A sewage pump station is to be constructed to service the South East Regional Hospital, existing Glen Mia Estate and subject to planning approval, other nearby land. This report seeks Council resolution to enter into suitable financial arrangements with Health Infrastructure NSW (HI) for the delivery of the new pump station.

Group Manager Infrastructure, Waste & Water

Background

The South East Regional Hospital will be connected to Council’s reticulated sewerage system, in accordance with consent conditions. There are two available options for connection of the hospital and these are a private sewage pump station (SPS) owned and operated by NSW Health or a Council owned and operated SPS.

Over a considerable period, the benefits and limitations of the two options have been discussed with the stakeholders and each option reviewed for technical merit. It is proposed to construct a new SPS to service the South East Regional Hospital, existing Glen Mia Estate and subject to planning approval, other nearby land. The pump station would be constructed utilising a delivery mechanism between HI and Applegum Properties Pty Ltd. Council would contribute on a pro rata basis to HI for the capacity needed to service Glen Mia Estate. There would be no contractual or other linkage between Council and Applegum Properties Pty Ltd.

The arrangement is beneficial to Council because it enables the existing Glen Mia SPS to be decommissioned. This in turn enables sewage to be redirected from an overloaded section of Bega sewer main, directly to the treatment plant inlet works thus reducing sewage spills to the environment during heavy rainfall.

The arrangement benefits HI because they do not have the responsibility for operation, maintenance or renewal of a sewer pump station in the future.

The arrangement benefits Applegum Properties Pty Ltd because it enables a section of land located between the hospital and existing residential land to be potentially developed; notionally to support future hospital related residential needs. It should be noted that the rezoning of this land forms part of the ‘Appendix 2’ considerations identified through the CLEP process and while Council has resolved to support the proposed urban zone, a Planning Proposal to this effect has not yet been assessed by the Department of Planning. Applegum Properties Pty Ltd have indicated a willingness to proceed with the SPS even though no development consent is in place.

ISSUES

Legal

HI will deliver the SPS in accordance with Council technical standards in the same manner as any other developer provides infrastructure. The pump station would be constructed utilising a delivery mechanism between HI and Applegum Properties Pty Ltd, with Council as a contributor to HI for the capacity needed to service Glen Mia Estate. No contractual or other linkage would exist between Council and Applegum Properties Pty Ltd.

Environmental

The SPS will become part of Council’s overall sewerage network and treatment system, which protects against sewage discharge to the environment.

Asset

A single SPS and associated decommissioning of the existing Glen Mia SPS provides for rationalisation of Council assets and planned delivery of sewerage services in and around the hospital precinct.

Consultation

Substantial discussions have been held between Health Infrastructure NSW and Applegum Properties Pty Ltd.

Financial

The delivery of the SPS will cost an estimated total of $1,280,000 of which Council will contribute 17.45% or approximately $225,000. Council’s contribution will be paid to HI on completion/commissioning of the SPS. The $225,000 has not been budgeted for this financial year, however sufficient reserve flexibility exists for this amount to be utilised with little impact to the long term financial plan. To allow for some flexibility associated with minor cost overruns it is suggested that an allowance of $250,000 as an upper limit be made available to fund the works.

Resources (including staff)

Significant staff resources have been devoted to the negotiations and technical investigations to date. Once the project commences, there will be little call on additional Council staff resources up to the delivery/commissioning stage.

Operational Plan

The SPS delivery will help meet Operational Plan objectives.

Conclusion

A sewage pump station is to be constructed to service the South East Regional Hospital, existing Glen Mia Estate and subject to planning approval, other nearby land. The provision of a shared SPS provides benefits for all stakeholders and accordingly this report seeks Council resolution to enter into suitable financial arrangements with Health Infrastructure NSW for the delivery of the new pump station.

ATTACHMENTS

Nil

Recommendation

That Council give approval for a capital contribution of up to $250,000 (subject to minor variations) to be made to Health Infrastructure NSW for delivery of a sewage pump station to service the South East Regional Hospital and existing Glen Mia Estate.

Council 16 October 2013 Item 11.3

11.3. Central Waste Facility Staffing

This report outlines staff requirements for the Central Waste Facility (CWF) and options for consideration.

Group Manager Infrastructure, Waste & Water

Background

The CWF is due to open in December this year and will become Council’s only landfill. The existing landfills at Merimbula, Bermagui and Eden will be progressively closed and converted to resource recovery and transfer station facilities, in accordance with Council’s adopted strategy, the 2020 Vision on Waste.

With the addition of the CWF, Council will have in operation a total of eight waste facilities. The seven current facilities are staffed by a permanent workforce of:

· 3 full time customer service officers;

· 4 part time customer service officers;

· 2 plant operators;

· 1 supervisor (also able to fill in as a plant operator).

With the commencement of CWF operations, Council essentially has three options in relation to its overall staffing of waste facilities:

· Maintain existing facility opening hours and employ an additional 2 FTE staff members for the CWF;

· Close one or more existing waste facilities and redeploy labour to the CWF;

· Modify existing facility opening hours and reduce additional labour requirement to 1 FTE staff member (recommended).

ISSUES

Environmental

The recommended option may improve environmental outcomes overall, as it provides significantly improved access to waste facilities near population centres at Bermagui and Eden with minor reduction in opening hours at other sites.

Asset

Council’s CWF is a new asset and it is acknowledged that the CWF requires staffing resources.

Economic

An improved level of service at Bermagui and Eden is likely to have potential benefits, particularly for building trades, where early closing times have generated some complaints.

Strategic

The CWF and the closure of the existing landfills, along with establishment of waste transfer facilities is part of Council’s adopted strategy, the 2020 Vision on Waste.

Consultation

Following adoption of the recommendation, a communication programme would be developed advising waste facility customers of the changes, noting that the recommended option increases the overall level of service.

Financial

The financial benefit of the recommended approach accrues from reduced labour requirement approx. $70,000/year including on costs.

Resources (including staff)

The current opening hours of the waste facilities presents some challenges, both in terms of consistency, staffing and providing the optimum level of service to Waste facility users. In some cases, shortened opening hours provides little benefit in terms of efficiency and provides a reduced level of service to customers. In other cases, a minor reduction of opening hours would have significant efficiency benefits, at minimal reduction to level of service.

The CWF is planned to operate six days a week, including all public holidays and is not available to the general public. The facility is provided as a landfill only and will receive only large loads of mixed solid waste for final disposal. The opening hours of the CWF are necessary to meet the demands of municipal (including waste transfer), commercial/industrial and construction/demolition waste generation.

Option 1

To meet the proposed opening hours of the CWF, Council’s obligations under the Local Government (State) Award and BVSC Conditions of Employment, an additional 2 FTE positions would need to be created at a cost of around $150,000 per year including on costs.

Option 2

If Council was to close some of its existing facilities it would be able to avoid the additional employment costs associated with the CWF. This would be a difficult undertaking. For example, closure of all the small transfer stations (Bemboka, Candelo, Cobargo) would save one 38 hour/week position. Closure of Merimbula or Wallagoot would save Council the second position. This would have obvious and significant implications in terms of waste facility level of service. Closure of Bermagui or Eden is not considered as alternates, as these sites result in significant travel distances for users.

Option 3

By modifying the opening hours of the existing facilities slightly, it is possible to reduce the additional labour requirement to 1 FTE position. This is the recommended option and is discussed further below.

The current spread of opening hours is met by a customer service officer labour capacity of 202 hours per week, spread across 3 full time and 4 part time employees. There is some allowance in staff rostering to undertake duties outside opening hours including data entry, financial reconciliation and maintenance activities, however there is the potential to make more efficient use of existing day labour resources by minor alteration of opening hours, whilst also minimising the requirement for additional labour to staff the CWF to one additional FTE position.

The current and proposed opening hours are included in Attachment 1.

The benefits of the proposed spread of opening hours are outlined as follows:

· More efficient use of waste customer services labour when measured as a ratio of opening hours to labour capacity.

· Standardise opening and closing times for waste facilities, which is a problem many customers identify with the current service.

· Standardise the number of opening days (5) and the weekly opening hours (34) offered at Council’s busiest facilities at Merimbula, Wallagoot, Eden and Bermagui.

· Dispense with “early” closing times at Council’s busiest facilities at Merimbula, Wallagoot, Eden and Bermagui, which has been the source of some complaints particularly from builders.

· Provide a significant improvement in the level of service at Bermagui and Eden, the communities most likely to be disadvantaged by distance to an alternative facility.

· Potential environmental benefits accompany the increase in opening hours at Bermagui and Eden in terms of less illegal dumping and less travel to an alternative facility.

· Enables much simpler rostering, Award and BVSC employment policy compliance.

The potential draw backs of the proposed opening hours are:

· Minor reductions in level of service at Bemboka (0.5 hours/week), Candelo (2 hours/week), Cobargo (3.5 hours/week).

· Changes to opening days at Bemboka (1/2 day on Sunday combined with Candelo) and Cobargo (open a full day on Saturday rather than a half day on Saturday and a half day on Sunday).

Conclusion

The minor changes recommended to the waste facility opening hours enable a range of benefits, including an overall increase in the level of service at a labour cost, which is lower than what it would be if current opening hours are maintained at the status quo.

The proposal also has a number of significant benefits in terms of standardising opening hours and other operational considerations.

ATTACHMENTS

1 View. Current and proposed waste facility opening times

Recommendation

1. That Council approve the creation of 1 additional FTE outdoor staff member.

2. That Council adopt the minor changes to the facility opening hours as detailed in the report commencing 1 January 2014.

3. That Council review the overall level of service provided by waste facilities as part of a review of the 2020 Vision on Waste in coming months.

4. That Council advise waste facility customers by leaflet, media and signage at facilities of adopted changes.

Council 16 October 2013 Item 11.4

11.4. Bega Recreation Ground – Spectator Facilities

It has been suggested that spectator seating for additional capacity at finals, fixtures and special events at Bega Recreation Ground is a priority. This report considers options for expenditure of available funding.

Group Manager Infrastructure, Waste & Water

Background

The Bega Recreation Ground is the Shire’s regional facility for rugby league football. An exhibition match between the Melbourne Storm and Canberra Raiders is scheduled for February 2014. A previous match between the teams drew a crowd of several thousand spectators and required additional spectator seating on the eastern side of the field. Steel grandstands have previously been borrowed from Eden and Pambula sportsgrounds. Continuing with this option is not desirable, due to the condition of the steel grandstands and their inherent unsuitability for road transportation. Alternatives are considered in this report.

The Bega Recreation Ground number two field, known as George Griffin Oval is home to the Bega Angledale Cricket Club and is the Shire’s only turf wicket cricket pitch. It is also the home ground for the Bega Devils Soccer Club. Arguably the Bega Valley’s most successful soccer club this season with 14 teams competing in the Far South Coast Football Association’s competition. Although George Griffin Oval is the main field used for these sports clubs, there are no permanent facilities to support events. The cricket club use storage sheds next to the cricket practice nets, while the soccer club have an old shipping container adjacent to the Bega Indoor Stadium.

It is proposed to use the available funding for the Bega Recreation Ground to address these two issues, at least in part.

ISSUES

Policy

The majority of sporting facilities in the Bega Valley are owned by or under Council trusteeship. Those facilities are operated and maintained by a sportsground management committee, usually made up of representatives from the sports clubs that use the facility. Renewal and upgrade priorities are normally agreed by the management committee. The Bega Recreation Ground does not currently have a management committee, although it is envisaged that one will be formed in the near future. In the meantime, Council staff will continue to undertake operational, maintenance, renewal and upgrade works at the facility.

Asset

Spectator Seating

Three options were considered for spectator seating:

	Option	Benefits	Issues	Estimated Cost
1.	Grass covered spectator mound 80 metres long, 2 metres high and 16 metres wide	Permanent solution with space for lots of standing spectators	Fixed in location; may have detrimental effect on field drainage; risk of poor grass coverage.	$30,000 for 640 spectators sitting on ground @ 1m² each
2.	Hired spectator seating	Low risk, one-off event solution	Typically the cost for hire is in excess of entry fee	$30,000 for 1,000 seats
3.	Buy 6 new portable spectator grandstands, each 4 metres wide x 5 tiers (seat 40)	Lightweight transportable aluminium units; can be safely and relatively easily relocated.	Initial cost; limited seating due to cost.	$30,000 for 240 seats.

Clubhouse Facilities

It is proposed to investigate options and undertake preliminary designs as part of the preparation for the Facility Management Plan and formation of a Management Committee. Past discussions have indicated that extending the northern end of the indoor stadium would be the most beneficial use of high ground, away from the floodplain and close to the NSW Department of Education fields across Bega Street. These fields are also used by cricket, soccer, rugby and athletics groups. However, discussions regarding clubhouse facilities will continue to be deferred pending completion of the Facility Management Plan and Committee process.

Economic

Renewal of existing spectator grandstands with lightweight aluminium units has long term benefits, with better utilisation, less risk and lower whole of life costs.

Steering sports groups towards developing combined use facilities is the most efficient way to provide the necessary infrastructure for sporting groups to grow.

Strategic

The proposed expenditure would be utilised at the Bega Recreation Ground as intended. The expenditure would be on items that are likely to be of strategic importance to the local community, in that transportable spectator seating would be widely available, including for non-sporting events such as ANZAC Day and Christmas carol services.

Consultation

Investigating options for developing facilities at George Griffin Oval would require consultation with all groups that use the Bega Recreation Ground, including the athletics club. The indoor stadium is also currently leased to fLiNG Physical Theatre Group, who would certainly have an interest in proposals for the development of shared facilities.

Financial

Funds exist to undertake the proposed works.

Funding source		Amount
2013/14 Operational Budget, Sports grounds, Bega Rec. Ground	$	70,000

Resources (including staff)

The procurement of seating would be undertaken by Council staff.

Operational Plan

Budget exists in Operational Plan.

Conclusion

The purchase of up to 10 portable grandstands at the approximate cost of $50,000 is seen as beneficial for use across the Shire’s sporting venues for finals and special events. It is suggested that Council purchase seating and adopt a hire charge as part of its annual fees and charges, so that seating can be utilised for special events across the Shire.

ATTACHMENTS

1 View. Bega Rec Ground proposed 16 metre mound

2 View. Grandstand

Recommendation

That Council endorse the option to procure 10 transportable aluminium spectator seating units to the value of $50,000 and that be available for hire sporting and special events.

Council 16 October 2013 Item 11.5

11.5. Wolumla Recreation Ground - Request to Transfer Trusteeship to Council

The Wolumla Recreation Ground is a Crown Reserve dedicated for public recreation. The Ground is currently managed by a Community Trust, who have written to Council requesting that Council take on the future management of the Grounds.

Group Manager Infrastructure, Waste & Water

Background

The Wolumla Recreation Ground is a Crown Reserve dedicated for public recreation. The ground is currently managed by a Community Trust. The Trust has written to Council requesting Council take on the future management of the grounds. The existing Trustees have indicated a willingness to continue as members of a management committee, should Council agree to transfer trusteeship for the recreation ground.

ISSUES

Legal

Trusteeship for the grounds would need to be transferred to Council and NSW Crown Lands would need to accept this transfer. All risks and liabilities associated with existing infrastructure would transfer to Council with the Trusteeship.

Policy

Many of Council’s existing recreation grounds are located on Crown Land managed by Council as Trustee. If the grounds were to be transferred to Council as trustee, the grounds would be managed in accordance with Council’s policies and standards.

Environmental

The recreation ground uses treated effluent from Council’s sewage treatment plant for irrigation. The treatment plant is located within the recreation grounds. The ongoing reuse of this effluent is seen as an environmental benefit.

Asset

The Recreation Ground comprises a number of assets listed in the attached Appendix A – Wolumla Recreation Ground Asset Register. These assets will have a cost to operate, maintain and renew. There would also be benefit to the community in upgrading elements of the Recreation Ground to implement planned improvements to the facility with better access to Council funding.

Social / Cultural

The Wolumla Recreation Ground hosts a variety of sports and events including soccer, pony club, cricket, touch-football, dog training and softball. The Wolumla soccer teams have been particularly successful this season with 12 teams competing in the Far South Coast Football Association competition. The grounds are also used for regional cross country races (SASSA primary & secondary schools) and by the local public school.

Economic

There are no significant effects on the community anticipated by transferring ownership from the existing Community Trust to Council as Trustee. An existing agreement to graze cattle on the grounds is to be terminated by the Trust, as the Crown has advised this use is not compatible with recreation use.

Strategic

In its current form the Recreation Ground would be considered a District facility under Council’s Recreation Asset Management Plan. However, if other sports establish key infrastructure on the site, this facility could be elevated to a Regional facility requiring a higher level of infrastructure to cater for larger groups of competitors and spectators from a wider area for major competitions.

Upgrade by extending the soccer / cricket field would produce sufficient space for two soccer fields with the cricket wicket centrally located. This would remove the need to bury and uncover the synthetic grass wicket each soccer season and also reduce wear on the existing single soccer pitch. Upgrade of floodlighting, possibly by the addition of three poles, would be required to give adequate floodlighting for training on both fields.

Should Council decide to accept trusteeship of the grounds, a detailed Facility Management Plan would have to be developed.

Consultation

The NSW Department of Crown Lands and the existing Community Trustees have been consulted regarding the proposed transfer of trusteeship. Council is not aware of any wider consultation with user groups.

Financial

Annualised costs for next five years are estimated to be in the order of:

	Budget Estimate
Operational (sports field mowing $2,000, water and irrigation, cleaning, insurance $150, power $2,000), etc	$5,000
Maintenance (preventative maintenance and repairs to assets – incl. $2,000 / 2 years grading)	$5,000
Renewal (mower, post and rail fencing $12,000, three picnic tables $9,000, cricket nets $14,000), etc	$10,000
Upgrade subject to Facility Management Plan	$15,000
TOTAL $/year for five years	$35,000

Resources (including staff)

Council has not previously provided any resources to support this facility. A transfer would require additional resources to be found.

Operational Plan

If the transfer proceeds, a management committee representing user groups would need to be formed. A management committee is necessary to operate the facility, with support from Council. A Facility Management Plan would be produced for the facility by Council staff, with input from the new committee. This plan would outline roles and responsibilities of the committee and Council.

Conclusion

Should the Community Trust be unwilling or unable to continue to support the management of the facility in any form, it is most likely that Crown Lands would nominate Council as trustee for the site. Closure of the facility would be a poor outcome for the facility and users. A managed transfer of Trusteeship from community to Council would be in the best interests of the users.

ATTACHMENTS

1 View. Wolumla Recreation Ground Asset Register and Location Maps

Recommendation

1. That Council agree to transfer Trusteeship from community to Council and formalise the arrangement with Crown Lands.

2. That Council staff engage with the existing Trust to form a management committee for the facility.

3. That Council and the new management committee produce and adopt a Facility Management Plan that covers roles, responsibilities and funding for the continued operation and development of the facility.

Council 16 October 2013 Item 11.6

11.6. Bega Traffic, Parking and Pedestrian Study

This report outlines the results of the Bega Traffic, Parking and Pedestrian Study dated September 2013 and makes recommendations for further action.

Group Manager Infrastructure, Waste & Water

Background

The need for a Traffic Study of Bega has been the subject of formal and informal discussions in Council for some time, relating to Sapphire Market Place, Littleton Gardens, Bega Bypass and the South East Regional Hospital.

In particular, consideration by Council as to further stages of Littleton Gardens, are conditional on the Traffic Study conclusions. At the meeting held on 10 April 2013, Council resolved that “...Littleton Gardens Stages 2 and 3 be referred back to Council for further review with the Bega Traffic Study commissioned by Council.”

After inviting Tenders from a range of specialist engineering consultants, Council engaged Sinclair Knight Merz to carry out the Bega Traffic, Parking and Pedestrian Study in February 2013. Traffic counts, parking surveys and data collection were conducted during March/April with analysis of the data and assessment in the following months. Community consultation also took place to clarify some particular aspects.

SKM Report Precis

In brief, the Study does not reveal any surprising or unexpected results with respect to the aspects addressed (traffic, parking, pedestrian and cycling). Overall the situation is relatively simple and the main issues apparent.

The study establishes that Bega CBD does not have major traffic problems or a shortage of car parking spaces to meet both regulatory and functional requirements nor in terms of locations, now or for the immediate future.

However, the SKM report highlights a number of opportunities where amenity, efficiency and functionality of traffic flow, parking arrangements and pedestrian access can be readily improved and makes recommendations accordingly. The more significant of these recommendations include:

· Improving and enhancing pedestrian access and connections from parking locations to ‘Key Facilities’, including in particular the renovation and upgrade of Ayres Walkway as the major pedestrian link between Carp Street and Littleton Gardens and the surrounding Key Facilities. Council should also consider how best to facilitate the corresponding upgrade of the privately owned links of Rixon’s Arcade and the narrow unnamed walkway between Gowing Lane and Carp Street.

· Intersection of Carp Street, Church Street and Ayres Walkway be upgraded to enhance this location as the centre of town and to improve pedestrian access and functionality.

· Adjusting parking durations throughout the Bega CBD to facilitate usage, maximise access and encourage efficient parking. For example, car spaces in Carp Street be short duration to encourage turnover and access to those less ambulant and for short term single destination users. While durations for spaces located more widely provide time for general pedestrian access to a wider range of key facilities and therefore have longer durations for these multi destination longer term users.

The report also alludes to instances where it may well be worthwhile to assess the benefits of various options, including:

· Installation of traffic controls at the intersection of Gipps Street and Upper Street and/or the intersection of Carp Street and Gipps Street.

· Installation of pedestrian facility across Gipps Street to link Littleton Gardens with the Coles/Target retail zone.

· Amending parking durations to accommodate specific users in specific locations, for example extending 1-2 hour restricted parking in Canning Street.

ISSUES

Legal

The SKM report does not identify any significant or urgent legal matters associated with traffic, parking and pedestrians within the Bega CBD requiring action by Council.

Relevant but relatively minor legal matters, including parking durations, statutory signage, traffic and pedestrian access, traffic flow and lights will be dealt with in due course, as subsequent strategies and plans are developed by Council.

Environmental

The SKM report does not identify any significant or urgent environmental matters associated with traffic, parking and pedestrians within the Bega CBD requiring action by Council.

Strategic

The study addresses a range of matters, which will provide the basis for the development of traffic, parking and pedestrian strategies for the Bega CBD.

Consultation

During the study and after consultation, SKM considered options for Carp Street, including one way traffic and angled parking, which was proposed by the Bega Chamber of Commerce. After detailed consideration, the conclusion was that the minor benefits possible from the changes proposed are far outweighed by the cost and numerous negative outcomes affecting a wide area. The recommendation made in the report is that Carp Street be retained as a two way street.

Conclusion

The study has addressed all the matters listed in Council’s Brief.

The study does not reveal any surprising or unexpected results with respect to any of the aspects addressed, namely traffic, parking, pedestrian and cycling.

Overall the situation is relatively simple and the main issues apparent. The study establishes that Bega CBD does not have major traffic problems or a shortage of car parking spaces.

The SKM report highlights a number of opportunities where improvements can be readily made and efficiencies achieved to enhance the amenity, efficiency and functionality of traffic, parking and pedestrian access and makes recommendations accordingly.

The study will provide a good basis for future strategies, planning and development.

APPENDICES

Appendix 1 Bega Traffic, Parking and Pedestrian Study Final Report

ATTACHMENTS

Nil

Recommendation

1. That Council adopt the Bega Traffic, Parking and Pedestrian Study as one of the documents to be used as basis for the future planning and development of the Bega CBD.

2. That the Bega Traffic, Parking and Pedestrian Study be forwarded to the consultants carrying the Bega CBD Landscape Master Plan for use as appropriate and applicable to the Bega CBD.

3 That traffic, parking and pedestrian strategies be developed for the Bega CBD and the Bega Traffic, Parking and Pedestrian Study be used, along with the outcomes of the Bega CBD Landscape Master Plan, as basis for these strategies.

Council 16 October 2013 Item 11.7

11.7. Merimbula Airport Master Plan

Presenting report in consideration of submissions received, following the exhibition of the draft Merimbula Airport Master Plan.

Group Manager Infrastructure, Waste & Water

Background

Council will recall the significant investigation and development of the Merimbula Airport Master Plan during 2011/2012, resulting in the adoption of the Plan on 24 July 2012. The Plan was later rescinded on 9 October 2012, pending further investigation and full review. New consultants were engaged and a re-prepared Merimbula Airport Master Plan was reported to Council on 22 May 2013. At that meeting Council resolved to place on public exhibition the draft Merimbula Airport Master Plan and Precinct Strategy.

The Strategy involved preparation of background papers (environment, infrastructure, planning, aviation), feasibility studies (economic and route), together with subsequent financial modelling and Business Plan (yet to be completed). The Master Plan sets out the long term (20 year) planning parameters to sustain and develop Merimbula as a viable regional airport that:

· Provides a competitive alternate means of transport into Bega Valley and region;

· Accommodates Regular Public Transport (RPT) aircraft operating into regional airports now and into the future;

· Complies with CASA standards for a Code 3 airport;

· Anticipates secure passenger and baggage screening into the future;

· Proposes a passenger target of 150,000 plus (medium growth) across that period, with anticipation of penetrating into the leisure travel market;

· Is designed around environmental, amenity and infrastructure constraints.

Council engaged Rehbein as specialist airport consultants to work though those objectives and the considerations of design RPT aircraft, general aviation (GA) users, RPT carriers and regulatory agencies including CASA, in drafting the Master Plan.

Concurrently, Council commissioned preparation of the Business Plan to explore operating and development models for the airport (direct, lease, contract) to optimise:

· Operating costs;

· Compliance with airport operations;

· Return on capital (either/or financial or asset);

· Engagement with stakeholders.

To better inform the development of the Business Plan, Council commissioned Hill PDA to undertake financial modelling utilising:

· Current and comparative operating costs for the airport;

· Master Plan development stages and cost estimates;

· Triggers, thresholds and lead times (e.g. studies and approvals) for those stages;

· Development existing sites within the airport precinct, to seed fund development stages of the Master Plan.

The financial model may influence deliverables and timing of stages and thresholds from the Master Plan, to enable the project to be developed with a cost structure suitable to Council, utilising proceeds from various income sources, including landing fees, retail leases, aviation leases, grants, etc.

The Master Plan, and subsequent financial model and business plan will inform Councillors’ decision on:-

· the optimal operating and development model for the airport;

· feasible airport management options; and

· the implementation process following expiry of the current management lease in June 2014.

ISSUES

Legal

Merimbula Airport as a certified airport is subject to the Civil Aviation Act (1988), Civil Aviation Safety Regulation (CASR 139), and the Manual of Standards (MOS 139). Further, the Aviation Transport Security Act (2004) and associated Aviation Transport Security Regulations establishes obligations and requirements for aviation security.

Environmental

Drawing on the background papers and earlier feedback from Office of Environment and Heritage (OEH), the Master Plan recognises a number of environmental constraints, in addition to terrain and building constraints in the Obstacle Limitation Survey (OLS), the gazetted SEPP14 wetland abuts the airport runway infrastructure. As Councillors have noted previously, potential development across the gazetted (but arguably dysfunctional former wetland) along Arthur Kaine Drive south, will require environmental studies and approvals as new airport terminal infrastructure and aviation business park are directly affected by these constraints. However the sequencing will be determined by the financial model, lead times and CASA safety requirements.

It is noted elsewhere in this report, the proposed extension/paving of the Runway End Safety Area (RESA) at the southern end of the runway is retained on the existing airport built up area, with limited incursion into the functional wetland or lake, even though the gazetted ‘line’ of the wetland abuts the existing paved runway. Refer extract, Master Plan appendix B figure 2 below.

Australian Noise Exposure Forecast (ANEF) has been modelled for the design aircraft, in accordance with the required Australian Standard and is included in the Master Plan. Refer extract, Master Plan appendix B figure 8 below.

The ANEF 20-25 contours are generally contained within the airport boundary except to the north and in particular the north east. The area affected is tourist development which is acceptable within this noise level. While residential development is not affected it is worth noting that within the ANEF 20-25 it would be conditional acceptable.

Asset

The Master Plan was prepared to accommodate longer term (20 years) RPT operations forecasting the use of Code 3C turboprop aircraft such as:

· Q400 (72 seats);

· ATR 72 (68 seats);

· Saab 340 (34 seats).

Passenger Terminal

Given two Saabs (Sydney and Melbourne routes) are often on the ground at peak hour now, the existing terminal space is limited in accommodating 70pax. Accordingly, the Master Plan suggests, subject to feasibility of progressing to a new terminal building option, that instead an extension to the existing terminal to house up to 100pax (i.e. 3 x Saab, or 1 x Saab and 1 x ATR) and could house security screening equipment. It is noted that while the equipment may be secured and stored by grant initially, they will not be required to operate until 70seater/20000t RPT airport are utilising Merimbula. With the feasibility of a new terminal, the old terminal could be reused for other purposes, say for example visitor information centre and indigenous cultural interpretive centre. Refer extract, Master Plan appendix B figure 4 below.

Aircraft Movement Areas

Due to the constraints of the site and resulting limitations on the capability of the existing runway (length, width, OLS), several options were considered including:

· Realigned runway;

· New runway (parallel);

· Existing runway extension;

Neither of the first two options were considered appropriate due to:

· Impact on SEPP14 Wetlands;

· Reclamation of Merimbula Lake;

· Cost.

To accommodate the 20 year design aircraft of Q400/ATR72, a 1,800m long, 30m wide Code 3 non-precision runway will also need to include the following:

· 150m wide runway strip;

· Runway End Safety Areas (RESAs);

· RPT Apron to accommodate Q400/ATR 72 aircraft;

· General Aviation aircraft parking;

· Supporting taxiway network;

· Aviation support facilities (fuel facility, lighting and markings).

The consultants noted that due to limitation on land availability and surrounding constraints, the full 1800m in both directions could not be achieved, however the optimum situation includes:

· 200m runway extension to north;

· RESAs will be required at both ends as a result of the upgrade;

· Utilisation of RESA for take-off from Runway 03 (120m extension of pavement to south);

· Take-off climb surfaces to remain in current locations due to proximity of Arthur Kaine Drive to north and SEPP14 Wetlands to south;

· 1,800m take-off run on Runway 21;

· 1,720m take-off run on Runway 03;

· Runway end bypass nodes required;

· Some impact on SEPP14 Wetland area to south and east, requiring Environmental Impact Assessment.

Refer extract, Master Plan appendix B figure 3 below.

The airport currently operates with 90 metre wide runway strip (including 30 metre pavement) and 150 metre wide take-off climb surface inner edge on ‘grandfather rights’. CASA advise that any upgrade to the runway will require the airport to meet the current standards as set out in the Manual of Standards (MOS) Part 139, which may push the inner edge to 180 metres.

The proximity of the airport site boundary fence and Arthur Kaine Drive limits the accommodation of a 180 metre wide take-off climb surface inner edge. It is proposed discussions be formalised with CASA to determine acceptable safety thresholds and controls at the northern and southern runways ends.

Councillors considered options to optimise the useable runway length north and south to maximise payload for Saab and 20T RPT Code 3 aircraft:

· Retain the 1800m runway with RESA’s as proposed in the draft Master Plan;

· Reduce any incursion into the physical wetland south of the runway 03, by sealing and strengthening the RESA upon the existing built up airport site, applying a displaced threshold and gain up to 1720m effective runway north. In this way, OEH and NSW Planning may be approached to enable that infrastructure to be placed inside the gazetted wetland boundary line;

· Similarly seal and strengthen the northern RESA and gain up to 1720m effective runway south.

While not gaining the full 1800m runway potential by these options, the focus turns to safety and runoff areas at runway ends, noting there may be some compromise to achieving full payload in all weather conditions.

The Master Plan also provided for general aviation facilities development being Code A and B aircraft parking and hangars. For stage 1 refer extract, Master Plan appendix B figure 5 below.

Stage 2 Development

Stage 2 involves relocation of the passenger terminal and RPT apron to south, in turn requiring development approval to develop within the gazetted wetland, providing:

· Ultimate capacity for up to five simultaneous RPT aircraft on apron;

· Approvals required for construction within SEPP14 Wetland area;

· Part-parallel taxiway development;

· Re-use of existing RPT apron for GA aircraft.

· Further development of general aviation facilities including code A and B taxiways, parking and hangar sites.

Stage 2 also creates the opportunity for further commercial sites both aviation and non-aviation as part of a commercial development precinct.

Refer extract, Master Plan appendix B figure 6 below.

Economic

The Master Plan utilised Webber Route Feasibility passenger forecasts, recalibrated to adopt a medium growth target (150,000) across the 20 year planning horizon: Refer extract, Master Plan Chart 4 page 29 below.

The consultants noted that the forecasts provide the maximum foreseeable potential of the airport and its purpose is to ensure that sufficient land will be safeguarded by the Master Plan to accommodate the required infrastructure if this demand occurs in the future.

The forecasts have been based on the work undertaken in the Merimbula Airport Demand, Route Profitability and Airport Charges study completed in February 2011. The forecasts utilise three scenarios and potential outcomes for the future for airline operations to Merimbula. The forecasts still fall well below the overall air transport demand to Merimbula analysed in the study for three routes to Sydney, Melbourne and Canberra.

Forecasts ensure that the Master Plan provides a development framework that is flexible enough to accommodate all possible future outcomes and does not preclude the development of any option in the future. The forecasts do not provide justification for any of the developments; this should be carried out as separate business case/feasibility studies. The Master Plan will not mean that these passenger numbers will eventuate – as both the Webber (route) and McDowell (business) studies recognise, even the medium growth will require a number of things to come together including:

· The depth and width of the marketing effort that is applied to the Merimbula routes;

· The identification and relaxation of any constraints in the tourism supply chain (e.g. local transport, accommodation, public amenities, food and retail outlets);

· The success of plans to seek approval and obtain finance for upgrading the airport;

· The potential for increase services or new airline entrants into the Merimbula aviation market;

· The time required for the prospective/new passenger market to assess the benefits of flying.

Councillors have workshopped the prospects of the Eden Port and Merimbula Airport building the leisure travel market, with both cruise ship and a leisure-market focussed RPT carrier promoting the region and offering package (loss-leader) deals to build trade. Carnival Australia recently noted around 40% of cruise travellers return as fly/drive visitors. Nonetheless, the above parameters still need development (a point reinforced in the Australia’s Coastal Wilderness Master Plan and SCT strategic plan) to build the platform for elevated passengers into Merimbula.

Strategic

The Master Plan identifies current and potential constraints to OLS brought about by natural and built structures. As foreshadowed in the draft Strategy, the new LEP should be amended to ensure the airport precinct and OLS are not compromised through future developments and may include controls requiring some existing height incursions to be remedied should those sites be redeveloped.

Consultation

Attached to this report is a summary of submissions and responses to those raised by the consultant and proposed modifications to the Master Plan following Councillor’s workshop on 28 August 2013.

Six submissions were received during the 40 day exhibition period:

· RCL Group (RCL)

· Civil Aviation Safety Authority (CASA)

· Bega Valley Ratepayers Association (BVRPA)

· Mr Denis Vanzella (DV)

· Merimbula Airport User Group (MAUG)

· Air Services Australia (ASA)

In summary, the submissions included comments on:

· Master Plan/Business Plan process inappropriate (BVRPA, MAUG);

· Passenger Forecasts unrealistic (BVRPA, MAUG, DV);

· Requirement to meet CASA MoS Part 139 standards if runway is upgraded or airport operator changes (CASA);

· Recognition of any impact of approved subdivisions in relation to OLS (RCL).

CASA commented on the current operational situation at the airport being based on ‘grandfather rights’ (i.e. developed and operated as Code 3 airport with 90m runway strip width having regard to pavement, site and OLS limitations) and any upgrade to the runway would require the implementation of the MOS standards in relation to the runway.

Development Staging

The Master Plan proposed a two stage development program, based on passenger numbers, aviation thresholds and lead times required to prepare appropriate business cases, gain relevant approvals and complete detailed designs. Development would then occur when the relevant trigger is met. Below is extract Master Plan page 61 table 4 and page 62 table 5 which summarise the proposed development stages.

However, pending the operational and development model to be adopted by Council, and should the private sector be the operator/developer, then that party may choose to alter the sequence to accord with their private imperatives.

Financial

The Master Plan acknowledges airports with available land have the potential to generate diverse revenue streams. Revenue raised through the use of this land can be used to pay for major investments and expenditure growth.

There is potential for the development of remaining land for commercial purposes including:

· Aviation-related businesses, e.g. aircraft maintenance, charter operators;

· Private aircraft storage;

· Airline support facilities, e.g. Airline HQ, aircraft maintenance facilities;

· Non-aviation business park.

These uses will be picked up with the financial modelling, the returns from which and access to grants may influence the sequencing of staging of the airport development.

The commercial uses include:

· Approximately 18 additional lease sites;

· Private hangars; and

· Aviation-related commercial activities.

With Stage 1, inside the expanded terminal space, may be commercial leases such as cafes, car rental, tours and flights.

Some realignment of some existing hangars may be required, as well as new GA parking area and upgrade to existing water and sewer service infrastructure.

While it is proposed Water/Sewer Fund meet the cost of the service infrastructure, Councillors may consider returns from long stay/secure parking should cover cost of all reconfigured and new car parking, subject to recommendations of the financial model.

Stage 2 expands commercial opportunities, in addition to providing modern RPT terminal facilities and aprons:

· 22 additional lease sites for private hangars and/or aviation related commercial development;

· New commercial precinct/business park precinct to south (within SEPP14 area);

· Re-use of existing terminal for visitor centre or commercial lease area.

The Financial Model currently being prepared by Hill PDA will propose the sequencing and financing options. The Model being based on the three business scenarios of:

· Council operate and develop;

· Leasehold operate, Council develop; or

· Contract management, Council develop.

On that basis, funding from Council’s airport reserves can be utilised to seed fund/prepare relevant business cases and planning approvals.

Resources (including staff)

Depending on Council’s decision on the operating and development model with the pending Business Plan, there may be staff resources recruited and taken up in the direct operation of the airport or management of any contract or lease.

Further, should Councillors defer a decision on the operating model, then alternate options will need consideration to continue the airport management past the lease expiry in June 2014 and put steps in place to assign the airport certificate of operation.

Operational Plan

The Delivery Plan forecasts the expiry of the current lease and developing of the business model for the airport.

Conclusion

The draft Master Plan provides a long term planning framework for each stage, subject to relevant business case and planning assessments.

The consultants noted the process of progressing from planning to implementation ought to include an assessment stage, where all the costs and benefits of the proposed development are evaluated. Depending on the outcome of this assessment, Council may decide to proceed, or not proceed at the current time and keep things under review, or to review the scope of the project to see if redefining it would alter the feasibility.

The investment appraisal should take into consideration the local and regional economic benefits of the airport upgrade, rather than just simply the increased revenues that may be raised at the airport, as this is unlikely to justify any of the projects.

To implement the Master Plan, the following is proposed, illustrated by schematic extract, Master Plan Chart 6 page 69, below:

To accommodate larger turboprop aircraft a Runway Development Feasibility Study is suggested including:

· Discussions with CASA regarding continuation of existing grandfather rights relating to OLS.

· If required, undertake detailed survey and assessment to understand extent of any realignment of Arthur Kaine Drive.

It is proposed to commence the approval process for development within SEPP14 Wetlands (including RESA to the south and Stage 2 development):

· Consult with the Director-General of the Department of Planning;

· Develop and submit Environmental Impact Assessment with development application;

· Incorporate relevant planning controls in LEP to protect airport operations and future development.

Appendices

Appendix 1 Rehbein Airport Consulting Merimbula Airport Master Plan

ATTACHMENTS

1 View. Rehbein Public Exhibition Submissions

Recommendation

1. That Council adopt the Merimbula Airport Master Plan as guiding document to public and private investment in the airport precinct;

2. That Council utilise the Master Plan as the basis of applications for grants for development and security screening;

3. That Council receive a report on steps and estimates to gain relevant approvals for airport infrastructure development and proposed tourism site development;

4. That Council receive report on the draft business plan having regard to the Master Plan and financial model;

5. That Council take steps to secure interim management and certificate of operation of airport should an operating model not be in place by the expiry of the current lease in June 2014.

Council 16 October 2013 Item 12.1

12.1. Internal Audit Committee - the year in review

To provide information to Council about the activities of the Internal Audit Committee (IAC) during the 2012/2013 financial year.

Workforce and Administration Manager

Background

The IAC is a formally appointed Committee of the Council. It plays a pivotal role in the overall corporate governance framework and provides Council with independent oversight and assistance in the areas of risk control, compliance and financial reporting. It is a requirement to inform and report to Council annually on the activities of the IAC.

ISSUES

Activities undertaken:

Strategic

· Creation, adoption and implementation of the 2012-2015 Internal Audit Strategic Plan. All assessed high risks areas to be reviewed over this period.

· Adoption of the Internal Audit Committee Charter with the new Committee.

· Appointment of a new lAC independent member (Terry Bunn), due to a resignation of one of the members (John Dean), along with Councillor Mawhinney being appointed to the Committee, replacing Councillor Britten. Three IAC meetings were held during the year.

· Internal Audit Committee workshop delivered for Councillors. The IAC emphasizes the need for the risk management program to be embedded into the organization through education and development of a risk culture.

· Two third compliance with audit plan – with six major Audits completed:

o Budget Process at Bega Valley Shire Council - to provide management with assurance that the budget process at Council is compliant with State and Local Government practice.

o Enterprise Risk Management - Review of the Enterprise Risk Management (ERM) framework and risk management activities within BVSC

o Workplace Health and Safety – Review of the Workplace Health and Safety (WHS) within BVSC.

o Enforcement Officers – Risks associated with Fraud and Corruption.

o Eden Cove – release of bonds review.

o Legislative Compliance – Review to confirm suitable policies and procedures are in place, and that the practice of those policies and procedures is being upheld by Council management and employees.

· No major breakdowns in internal controls were noted during 2012-2013 from the internal audits conducted.

· Upgrade of reporting methodology through purchase of a software package (cloud based).

· Creation of a self-audit tool to enable the lAC to evaluate its progress including creating Key Performance Indicators (using self-audit tool).

Financial

The Internal Audit function has an annual budget allocation of $25,000. Currently $78,470 is available to cover the outsourcing of some internal audits (50%) to accelerate achievement of the proposed Audits outlined in the 2012-2015 Strategic Plan.

Resources (including staff)

One FTE position is allocated for the functions of Internal Audit and Enterprise Risk Coordination. It is proposed to establish and recruit a Risk Management/Workplace Health and Safety Cadet commencing early 2014.

Internal Audit Plan

The Audit Plan is two thirds complete for 2012-2013. Delays during the year were primarily due to:

· The unforeseen absence of the Internal Audit coordinator for 4 months.

· A lengthy tendering process to appoint the external (financial) audit provider

· Requirements to undertake additional, non-programmed internal audits (2)

With the use of an external auditing service to provide a "catch-up" function, it is expected the internal audit programming will be returned to correct tracking by February 2014.

Conclusion

Since the Internal Audit Committee’s formation in 2009, including the creation of an extra .5 position in July 2011, Council has been able to meet the basic requirements associated with a functioning Internal Audit Committee as outlined under DLG Internal Audit Guidelines 2010.

ATTACHMENTS

Nil

Recommendation

That Council notes the progress of the Internal Audit Committee during 2012-2013.

Council 16 October 2013 Item 12.3

12.3. Pecuniary Interest Returns 1 July 2012 to 30 June 2013

Report confirming lodgement of Disclosure by Councillors and Designated Persons Returns (Pecuniary Interest Returns) for the period 1 July 2012 to 30 July 2013

Acting General Manager

Background

Councillors and “Designated People” are required to complete Pecuniary Interest Returns under Section 449 of the Local Government Act. At its Extraordinary meeting held in each year a report is presented to Council identifying “Designated People” required to complete Pecuniary Interest Returns under Section 449 of the Local Government Act for the coming year.

Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. The register containing completed returns is tabled at each Council meeting.

The Local Government Act 1993, provides for investigation of complaints concerning non-disclosure, incomplete sections and penalties for breaches.

ISSUES

Legal

On 5 October 2012 Council resolved:

1. That Councillors note that they are required to lodge Pecuniary Interest Returns under Section 449 of the Local Government Act.

2. That members of the Independent Audit Committee and the officers of the Council listed in the report submitted on 5 October 2012 be “designated persons” under the provisions of the Local Government Act requiring them to submit a Pecuniary Interest Return.

The following list represents officers of the Council who had (or their positions had) previously been “designated” by the Council as officers required to submit a Pecuniary Interest Return in that report, or who were appointed to designated positions during the period:

· Allison, Anthony

· Barnes, Leanne

· Blacka, Annadale

· Bogie, Rebecca

· Browne Toby

· Campbell, Sheralyn

· Collins, Jim

· Cowgill, Kylie

· Churchward, Nina

· Cunningham, Richard

· Dale, Ron

· Dixon-Keay, Jamie

· Donne, Jeff

· Flanagan, John

· Fowler, Mark

· Franic, Michael

· Griffin, Christine

· Hankinson, Mark

· Hampshire, Jill

· Hancock, Cecily

· Harper, Glenn

· Herbert, Anne

· Hicks, Rodney

· Jay, Lyn

· Madigan, Danny

· Miles, Peter

· Morrison, Andrew

· Murray, James

· Daniel Murphy

· Nepal, Pankaj

· Newton, Peter

· O’Donnell, Greg

· Osborn, Brett

· Parker, Darrell

· Powell, Bruce

· Preo, Michelle

· Pyke, Jonathon

· Quick, Robert

· Raward, Ros

· Robinson, Steve

· Sandford, Mike

· Sartori, Wayne

· Scarpin, Lucas

· Schweitzer, Simon

· Scroop, Ben

· Slade, Colin

· Slapp, Rob

· Smith, Theresa

· Stewart, Andrew

· Tegart, Peter

· Thomson, Sophie

· Tipping, Jeff

· Tull, Keith

· Van Bracht, Derek

· Van Tilburg, Michael

· Williams, Graeme

· Woodley, Andrew

It was also agreed Internal Audit Committee independent representatives lodge forms:

· Mr Geoff Steel and

· Mr Terry Bunn

The following Councillors were also required to submit returns.

· Cr Tony Allen

· Cr Michael Britten

· Cr Russell Fitzpatrick

· Cr Keith Hughes

· Cr Anne Mawhinney

· Cr Kristy McBain

· Cr Liz Seckold

· Cr Sharon Tapscott

· Cr Bill Taylor

Forms for the period 1 July 2012 to 30 June 2013 were due to be lodged by 30 September 2013. All forms had been lodged with the following exceptions.

Name Reason

Anthony Allison Left the organisation

All Councillors and Officers required to submit Pecuniary Interest Returns have completed and returned the forms for the period 1 July 2012 to 30 July 2012. Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. The register containing completed returns is tabled at each Council meeting.

ATTACHMENTS

Nil

Recommendation

That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2013

Council 16 October 2013 Item 12.4

12.4. Declassification of closed session reports property Princes Highway Cobargo

Council purchased land in Cobargo in 2003 and has subsequently dealt with it in a number of ways. The process has been considered by Council in closed session on two occasions and it is now appropriate to declassify reports on the matter.

Business and Technology Manager

Background

Council resolved on 6 October 2003 in closed session to bid to acquire the site at auction on 11 October 2003. Settlement of the contract took place on 10 December 2003.

An agreement with the Cobargo Co-Operative Limited was executed on the 10 October 2003, requiring Council to make application for the subdivision of the land excising the western portion of the lot for sale to the Co-Operative and the creation of a right of way, in favour of the Co-Operative, for vehicular access along the northern boundary of the land to the Highway. The Agreement also confirmed that the “centre” portion of the land be retained by Council for car parking purposes.

Council resolved in open Council on 13 April 2004 to approve a 2-lot subdivision of the site. This created Lots 1 and 2 in DP1072294.

On 14 March 2006, Council in open session resolved that DA No. 2005.0964 for the subdivision of land into two allotments and the demolition of a shed on Lot 2 DP 1072294 Princes Highway, Cobargo be approved in accordance to the conditions outlined in the draft deferred commencement consent submitted to the Council on 14 March 2006.

On 2 December 2008, Council resolved in open session to demolish the building on Lot 2 DP1072294 known as McCarthy House and for earthworks to be carried out, subject to appropriate conditions including expressions of interest for the sympathetic relocation of the building or significant heritage attributes of the building.

On 28 July 2009, Council resolved in open session to award the demolition and excavation works to Shoalhaven Excavations in accordance with its tender, and further that no tender be awarded to construct the car park until funding options were identified.

On 2 December 2009, Council in open session resolved to sell the land fronting the Princes Highway, arising from the subdivision, based on valuations obtained. The agreement between Council and the Cobargo Co-operative Society Ltd dated 10 October 2003 provided that the Co-op would have in effect, a right of first refusal, for the purchase of the subdivided Lot 1. In January 2010 it was determined that the Co-op did not wish to exercise that right.

On 26 July 2011, Council resolved in closed session to sell the subdivided Lot 1 to Mr Haydon for $85,000 with a trade-off for construction of public toilets of $30,000 and subject to other conditions, with a deed of agreement to be entered for the maintenance and cleaning of the facility.

Settlement of the contract was effected on 8 August 2013.

ISSUES

Legal

Due to the commercial in confidence nature of the purchase and sale process matters were dealt with closed session.

As the matter has now settled and all outstanding items are resolved except for the possible negotiation with Mr Haydon in relation to the requirement to provide public toilets it is timely to make public the closed session matters outlined above.

Asset

The property at Princes Highway Cobargo was purchased using car parking reserves held for Cobargo which was reimbursed upon sale of a portion the land to the Cobargo Co-op.

Part of the land has been used as a car park for the village.

Ongoing work was also undertaken in relation to the demolition of McCarthy House on the property known as 50 Princes Highway and provision onsite of public toilets.

Conclusion

The property in Cobargo on the Princes Highway was purchased by way of Council resolution in 2003. Since that time there have been Council resolutions relating to sale of a portion of the site to the Cobargo Co-op and to a private party. As this matter is now fully settled it is appropriate to make public the closed session reports and resolutions.

ATTACHMENTS

1 . Closed Meeting Report No 5 06/10/2003 Acquisition of Property: Princes Highway Cobargo, resolution of closed session (Councillor Only) (Confidential)

2 . Closed Session Report 26/07/2011 Sale of Land 50 Princes Highway Cobargo, closed resolution and ordinary minutes resolution. (Councillor Only) (Confidential)

Recommendation

That Council declassify the reports and resolutions in relation to the sale of 50 Princes Highway, Cobargo, from the Closed Session meetings of 6 October 2003 and 26 July 2011.

Council 16 October 2013 Item 12.5

12.5. Certificate of Investments made under Section 625 of the Local Government Act 1993

To report the details of Council’s investments during the month of September 2013.

Business and Technology Manager

Background

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

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 9 October 2012.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $54,500,100. These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	July 2013	August 2013	September 2013
General Fund	$36,406,634	$38,906,634	$39,906,634
Water Fund	$8,749,118	$8,749,118	$8,749,118
Sewer Fund	$5,844,348	$5,844,348	$5,844,348

In addition there is $4,090,354.36 in uninvested funds in Councils operating account.

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

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

Table 2: Restricted Cash and Investment by Fund

Funding source	External Restrictions ‘000	Internal Restrictions ‘000	Unrestricted ‘000
General Fund	$12,825	$12,717	$6,820
Water Fund	$ 4,288	$8,615	$1,317
Sewer Fund	$2,465	$6,210	$3,333

ATTACHMENTS

1 View. 2013.10.16 ATTACH Certificate of Investment Report September 2013

Recommendation

1. That Council receive and note the attached report indicating Council’s Investment position.

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

Council	16 October 2013
*Item 8.1 - Attachment 1*	*Section 96 Application to Modify Request*

Council	16 October 2013
*Item 8.1 - Attachment 2*	*Draft Modified Deferred Commencement Consent*

Council	16 October 2013
*Item 8.3 - Attachment 1*	*Map showing extent of access road to be sealed*

Council	16 October 2013
*Item 8.3 - Attachment 2*	*Copy of Section 96 Application to Modify request*

Council	16 October 2013
*Item 8.3 - Attachment 3*	*Applicant request for review of Section 96 determination*

Council	16 October 2013
*Item 8.3 - Attachment 4*	*Photos of access road and creek*

Council	16 October 2013
*Item 10.1 - Attachment 1*	*Map showing DP 1102635*

Council	16 October 2013
*Item 11.1 - Attachment 1*	*Map of Lease Area to Discovery Holiday Parks*

Council	16 October 2013
*Item 11.1 - Attachment 2*	*Market Rental Valuation lease to Discovery Holiday Parks*

Council	16 October 2013
*Item 11.3 - Attachment 1*	*Current and proposed waste facility opening times*

Council	16 October 2013
*Item 11.4 - Attachment 1*	*Bega Rec Ground proposed 16 metre mound*

Council	16 October 2013
*Item 11.4 - Attachment 2*	*Grandstand*

Council	16 October 2013
*Item 11.5 - Attachment 1*	*Wolumla Recreation Ground Asset Register and Location Maps*

Council	16 October 2013
*Item 11.7 - Attachment 1*	*Rehbein Public Exhibition Submissions*

Funding source		Amount
Salary savings from GM vacancy and education and information manager role total amount expected to be $75,000 (W3079.96)		$45,000

Council	16 October 2013
*Item 12.5 - Attachment 1*	*2013.10.16 ATTACH Certificate of Investment Report September 2013*