Agenda of Council - 25 June 2014

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 25 June 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 28 May 2014 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

3 Declarations

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

4 Deputations (by prior arrangement)

Ms Lindsay Parsons regarding Accessibility (Infrastructure, Waste and Water) Report No 11.5 Public Toilet Management Plan

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 Finalisation of Mapping Amendments No. 1 Planning Proposal....................... 10

8.2 Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry) ...................................................................... 18

8.3 Bega Valley Shire Council Climate Change Strategy........................................ 72

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.

Nil Reports

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 Proposed Policy (2.09) - Local and Social Procurement................................. 128

10.2 ANZ@Work................................................................................................. 134

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 Littleton Gardens Stages 2 - 4...................................................................... 154

11.2 Request to lease a section of unformed road reserve at North Bega.............. 158

11.3 Beach Control 2013/2014............................................................................. 163

11.4 Merimbula Effluent Management Strategy..................................................... 168

11.5 Public Toilet Management Plan..................................................................... 174

11.6 RMS Handover of old Princes Highway........................................................ 179

11.7 Design & Construct for the Bega Maher Street Depot - Tender 16/14.............. 182

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 Candelo Town Hall Cafe Lease..................................................................... 187

12.2 Occupation of Council managed Crown Reserves at Eden by Playability, Eden Childcare Centre & Eden Preschool....................................................................................... 191

12.3 Councillor and Mayoral Fees (Section 241 Local Government Act).................. 207

12.4 Applications for Financial Assistance (Section 356)....................................... 209

12.5 Certificate of Investments made under Section 625 of the Local Government Act 1993 214

12.6 Adoption of 2014-15 Operation Plan, Budget, Fees and Charges.................. 219

12.7 Communications and Community Engagement Reference Group .................. 236

12.8 Southern Councils Group and South East Regional Organisation of Councils membership models 239

12.9 Establishment of Council Finance Committee.............................................. 241 .

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

17 Urgent Business

18 Questions On Notice

18.1 Cat Containment and Safety of Native Animals............................................. 244

18.2 New Regional Hospital - Geothermal Project................................................. 248

19 Questions for the Next Meeting

20.. Confidential Business

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 25 June 2014 Item 8.1

8.1. Finalisation of Mapping Amendments No. 1 Planning Proposal

The purpose of the report is to detail the outcomes of the public exhibition and government agency consultation of the Planning Proposal Mapping Amendments No. 1 (various properties).

Acting Group Manager Planning and Environment

Background

Council at its meeting held on 12 June 2012 gave consideration to a report on the Draft Comprehensive Local Environmental Plan 2010 and as part of the resolution at the meeting resolved the following;

2. That in regard to the draft Comprehensive Local Environmental Plan Council adopts the recommendations for the submissions outlined in:

• Appendix 1 - support (or partial support) for the submission request, with only minor changes required to the exhibited draft Comprehensive Local Environmental Plan…

3. That Council amend the draft Comprehensive Local Environmental Plan in accordance with the recommendations in Appendix 1…

Included in Appendix 1 was Lot 360 DP 849058, Tathra Bermagui Road, Murrah which Council resolved to amend the exhibited zoning of part of the land from E2 Environmental Conservation to E3 Environmental Management. The mapping amendment, in accordance with the Council resolution, was not included as part of the gazettal of BVLEP 2013 and remains outstanding.

Council at its meeting held on 6 November 2013 gave consideration to a report on the Old Bega Hospital Site Princes Highway, Bega and resolved the following;

That Council prepare a Planning Proposal to amend the zoning Lot 296 DP 728021, Princes Highway, Bega under Bega Valley Local Environmental Plan 2013 from SP1 “Special Activities” to RE2 “Private Recreation”.

Council at its meeting held on 6 November 2013 gave consideration to a report on the proposed amendment to Bega Valley Local Environmental Plan 2013 Land Application Map to include the waters of Snug Cove and Cattle Bay and resolved the following;

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.

In accordance with the Council resolutions a Planning Proposal was prepared, including the following land;

· Waters of Cattle Bay and Snug Cove, Eden

· Lot 360 DP 849058 Tathra Bermagui Road, Murrah

· Lot 296 DP 728021 Prince Highway, Bega.

The objectives of the Planning Proposal were to:

· Amend the Land Application Map to include the waters of Snug Cove and Cattle Bay, Eden within BVLEP 2013 and to provide a clear assessment pathway for possible future marina developments.

· Amend the zone boundary on Lot 360 DP 849058 Tathra Bermagui Road, Murrah to ensure the existing approved eco-tourism development is located outside the E2 Environmental Conservation Zone.

· Rezone Lot 296 DP 728021 (Old Bega Hospital) from SP1 Special Activities to RE2 Private Recreation to enable the current and possible future uses of the site to be permitted with consent.

Council received a Gateway Determination for the Planning Proposal from NSW Planning and Infrastructure (now NSW Planning and Environment)and delegation of the functions of the Minister of Planning and Infrastructure to make the plan on 14 February 2014.

In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 14 days from 11 to 25 April 2014 and nine public submissions were received. Submissions were also received from the NSW Office of Environment and Heritage (OEH), NSW Rural Fire Service (RFS), NSW Roads and Maritime Service (RMS), Sydney Ports Corporation and NSW Department of Primary Industry (Fisheries).

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers, in writing to affected and adjoining landowners and the Bega, Eden and Merrimans Local Aboriginal Land Councils.

The submissions received by Council to the Planning Proposal and Council staff responses are addressed below.

Discussion of submissions

Waters of Snug Cove and Cattle Bay including Lot 2 DP 747363 and Lot 111 DP 839683, Eden

Figure 1: Cattle Bay and Snug Cove, Eden: Subject Waters Proposed Inclusion in Land Application Map

The Planning Proposal aims to include the area of water covering Cattle Bay and Snug Cove within BVLEP 2013 by amending the Land Application Map. Currently the waters are outside the boundaries of BVLEP 2013. By amending the map any future development within this area, including future marina development, would come under Part 4 of the Environmental Planning & Assessment Act 1979 (EP&A Act) and any development application lodged with Council. To effect this inclusion, 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 in Figure 1 above.

The proposed amendment to the Land Application Map has been determined by NSW Planning and Environment as the best way of ensuring future marina proposals are assessed under Part 4 of the EP&A Act and they have commenced the concurrent process of requesting the Minister of Planning and Infrastructure to make an order under Section 54(6) of the EP&A Act to designate the area as part of the Bega Valley Shire LGA for the purposes of establishing a relevant planning authority.

8 No public submissions were made to the Planning Proposal in relation to this land.

8 The Roads and Maritime Service (RMS) advised that they were unable to make an informed comment on the Planning Proposal in relation to this matter without additional information including:

· RMS requires the proponent to provide predicted traffic generation rates (use RTA Guide to Traffic Generating Developments as a guide), vehicle types utilising the proposed development and predicted vehicle trip distributions to/from the proposed site, clearly justifying any assumptions made.

· RMS requires the proponent to analyse the traffic impacts of the proposed development on classified road MR561 Imlay Street and the Princes Highway/Imlay Street roundabout. The proponent must determine whether any upgrades are required and consider necessary funding arrangements to be made before the proposed amendment to the Bega Valley LEP 2013 is formalised.

· Depending on the traffic generation rates RMS may request a SIDRA intersection analysis to be completed to assess the impact on the Princes Highway/Imlay Street roundabout to assist in the determination of appropriate upgrades.

Council staff were unable to comply with the RMS request for additional information in the absence of a detailed development application and sought advice from NSW Planning and Environment regarding the best way to proceed with this matter.

NSW Planning and Environment agreed that Council could not comply with the RMS request for additional information and advised that as the Planning Proposal is administrative by nature and aims to set a clear assessment pathway for proposals which are currently permitted therefore it will not create any additional traffic impacts. NSW Planning and Environment confirmed that Council may exercise the delegation for the Planning Proposal issued on 14 February 2014 to finalise the plan.

It should be noted that the RMS would be requested to comment on any future development proposal.

8 The Rural Fire Service (RFS) advised that the objectives relating to the inclusion of the waters of Cattle Bay and Snug Cove are consistent with Section 117 Directions (2) Environment and Heritage and (4.4) Planning for Bushfire Protection.

8 The Office of Environment and Heritage (OEH) raised no objections to the Planning Proposal in relation to this land, and recommend that comprehensive Aboriginal cultural heritage assessments be undertaken prior to further development of the site.

It is considered that the requirement for Aboriginal cultural heritage assessments can be appropriately addressed during the assessment of future development applications on the site.

8 The Sydney Ports Corporation and NSW Department of Primary Industry (Fisheries) raised no objections to the Planning Proposal in relation to this land.

Lot 360 DP 849058, Tathra Bermagui Road, Murrah

Figure 2: Lot 360 DP 849058 Tathra Bermagui Road, Murrah: Proposed amendment to E2/E3 boundary

The Planning Proposal aims to amend the part of the southern E2 Environmental Conservation and E3 Environmental Management boundary on the subject land by rezoning an area of approximately 4500m² from E2 to E3 to ensure the existing approved eco-tourism facility is located within the E3 zone.

The current E2/E3 zone boundary places the tent sites and part of the asset protection zone within the E2 zone where camping is a prohibited use. The eco-tourism facility constitutes a Special Fire Protection Purpose and holds a Bush Fire Safety Authority under Section 100B of the Rural Fires Act 1997. The Bush Fire Safety Authority contains mandatory requirements for the clearing and maintenance of the Asset Protection Zone (APZ) and it is therefore fitting that the entire facility is contained within the E3 Environmental Management zone.

8 Nine public submissions were made to the Planning Proposal in relation to this property. Two of the submissions supported the Planning Proposal and seven raised issues in relation to this land. These issues were that the rezoning from E2 to E3 may enable a number of additional activities that:

· would be inconsistent with the objectives of the current E2 zone

· may require the removal of dune and back dune vegetation for the purposes of Asset Protection Zones which could impact upon Murrah Beach and Bunga Lagoon

· may impact on the Right of Way through Lot 360 DP 849058 for adjoining owners.

The whole of Lot 360 DP 849058 is considered ecologically sensitive and is zoned a combination of E2 and E3 under the BVLEP 2013. This Planning Proposal contains provisions that relate only to changing the boundary of the E2/E3 zone on a portion of the property based on the location of an existing development and will not reduce the environmental protection standards that currently apply to the land.

The small variation to the zone boundary is consistent with the Shirewide mapping strategy that was adopted in the preparation of Draft BVLEP 2010 to ensure that existing development did not need to rely on existing use rights provisions under the EP&A Act. This mapping strategy was applied to similar developments and dwellings that are located in areas that would otherwise have been zoned E2 due to their proximity to waterways.

The approval for the existing eco-tourism development required the protection of the lands flora and fauna and includes a Vegetation Management Plan which is linked to the title of land through an 88B instrument. Any future development application that may be lodged that is consistent with the provisions of the E3 zoning under BVLEP 2013 would be assessed on its merits under Section 79C of the EP&A Act.

Prior to the gazettal of BVLEP 2013, Council resolved to amend the E3/E2 zone boundary on the southern part of the subject land. This amendment was considered by Council and the Department of Planning and Infrastructure to be minor and not requiring re-exhibition, however due to an error, the amendment to the zone map was not made prior to the gazettal of BVLEP 2013. As a result this Planning Proposal has been prepared to implement Council’s previous resolution.

The Right of Carriageway is included on the certificate of title for the land through the provision of an 88B instrument. The provisions of this Planning Proposal will not impact on the existing Right of Carriageway.

8 The RFS raised no objections to the planning proposal however they considered that the requirements contained within the general terms of approval of a Bushfire Safety Authority were not a justification for the Planning Proposal.

8 The OEH raised no objections to the planning proposal in relation to this land providing any future development as a result of this rezoning will need to exercise due diligence in determining that any actions will not harm Aboriginal Cultural Heritage values in the area.

It is considered that the requirement for Aboriginal cultural heritage assessments can be appropriately addressed during the assessment of future development applications on the site.

8 The RMS, Sydney Ports Corporation and NSW Department of Primary Industry (Fisheries) raised no objections to the Planning Proposal in relation to this land.

Old Bega Hospital Site, Lot 296 DP 728021 Princes Highway, Bega

Figure 3: Lot 296 DP 728021 Princes Highway, Bega

The Planning Proposal aims to rezone Lot 296 DP 728021 from SP1 Special Activities to RE2 Private Recreation. The RE2 zoning would provide the flexibility required for multiple community based uses of the site, whereas the existing SP1 zone limits the use of the site to a specific purpose being ‘roads’.

8 No public submissions were made to the Planning Proposal in relation to this land.

8 The RFS advised that the objectives relating to the subject land are consistent with Section 117 Directions (2) Environment and Heritage and (4.4) Planning for Bushfire Protection.

8 The OEH raised no objections to the Planning Proposal in relation to this land and recommend that ecological and Aboriginal cultural heritage assessments be undertaken prior to further development of the site.

It is considered that the requirement for Aboriginal cultural heritage assessments can be appropriately addressed during the assessment of future development applications on the site.

8 The RMS, Sydney Ports Corporation and NSW Department of Primary Industry (Fisheries) raised no objections to the Planning Proposal in relation to this land.

Conclusion

Public and agency consultation of the Planning Proposal has been completed. The issues raised in the submissions have been addressed in this report and it is considered that they do not warrant any modification to the Planning Proposal as exhibited.

It is recommended that Council proceed to finalise the Plan without any variations in accordance with the delegations issued under Section 59 of the Environmental Planning & Assessment Act 1979.

ATTACHMENTS

Nil

Recommendation

1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal Mapping Amendments No. 1.

2. That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3. That all those persons who have made submissions be advised of the above.

Council 25 June 2014 Item 8.2

8.2. DA No. 1991.1124: Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry)

Acting Group Manager Planning and Environment

Applicant	Bega Valley Shire Council
Owner	Bega Valley Shire Council
Site	Lot 12 DP 811287 Ridge Road, Coolagolite
Zone	1(a) General Rural Zone under Bega Valley Local Environmental Plan 2002
Site area	39.97 hectares
Approved Development	Extractive industry to win, breakup and stockpile approximately 10,000m³ per year from an area of 6 hectares.
Details of the Application to Modify	The application to modify seeks to; · Increase the volume of extracted material from 10,000m³to 17,000m³ per year · Extend the approved crushing days from 20 to 40 per year · Replace existing approved plans relating to rehabilitation and quarry operation

Precis

The application to modify seeks approval for an increase in volume of extracted material and allowable crushing days as well as replacement of existing approved plans relating to rehabilitation works and quarry operations.

The application to modify is reported to Council for determination as Council is both the land owner, applicant and operator of the extractive industry known as ‘Costin’s quarry’. Further a total of three submissions were received during the notification period objecting to the proposed modifications.

The application to modify is recommended for approval.

Background

Development Consent 1991.1124 was issued by Council on 22 July 1991 for an extractive industry at Lot 12 DP 811287 Ridge Road Coolagolite subject to conditions. The proposal constituted designated development and the application was assessed and determined in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

A copy of the original development consent is provided as Attachment 1.

The approval involved the winning, breakup and stockpiling by the use of a bulldozer of approximately 10,000m³(17,500 tonne) of gravel per year from an area of 6 hectares within Lot 12.

Council at its meeting dated 26 July 2011 approved an application to modify the original approval to change the method of extraction to allow drilling, blasting and crushing and to increase the hours of operation.

A copy of the July 2011 modified consent is provided as Attachment 2.

Under the modified approval, the hours of operation for the quarry are restricted to:

Monday to Friday – 7.00am to 6.00pm

Saturday – 8.00am to 1.00pm

Sundays and Public Holidays – Closed.

Operations associated with the drilling, blasting and crushing are limited to 20 days per year. These activities are also restricted to the months of September and October in recognition of the likely presence of threatened species and potential impact by way of noise and vibration.

Drilling is limited to a seven day period within the 20 day per year limitation.

The haulage of material is unregulated under the approval and is generally based on Council requirements throughout the year. However, based on current operational characteristics haulage is generally limited to approximately 20 days per year.

The quarry currently operates under an Environmental Protection Licence (No. 20005) issued by the Office of Environment and Heritage.

A copy of the current EPA licence is provided as Attachment 3.

DETAILS OF THE APPLICATION TO MODIFY

The proposed modification seeks approval for;

· An increase in the volume of material extracted from the quarry from 10,000m³ (17,500 tonnes) to 17,000m³(30,000 tonnes) per year over the life of the quarry.

· Extension of the approved crushing period from 20 days to 40 days per year with the extended crushing period to occur in March (4 weeks).

· Replacement of the approved development plan for the quarry with new plans which provide greater detail of the existing and future operational characteristics of the quarry.

· Replacement of the approved rehabilitation plan for the quarry with a new plan which reflects the existing and future operation of the quarry and best practice site rehabilitation methods.

As previously outlined in the report the haulage of material is unregulated under the existing consent and is generally based on Council requirements throughout the year. Based on current operational characteristics haulage is generally limited to approximately 20 days per year. The modification, if approved, would result in the number of haulage days per year increasing to approximately 30 days.

It is to be noted that an increase in haulage days would not result in an increase in daily truck movements on the local road network. This is based on the fact that there are a maximum number of trucks that can be loaded in a day.

The lateral limits of the approved quarry footprint would not change.

Description of the site and adjoining lands

The site is located approximately 9 kilometres west of Bermagui at the end of Ridge Road. The site has a total area of 39.97 hectares with the approved quarry limited to 6 hectares. At present, the operational face of the quarry, inclusive of batters, is approximately 3 hectares in area.

A locality plan is provided as Attachment 4.

The land is characterised by undulating hills and steep intersecting stream gullies. The quarry site is steep and void of any significant vegetation. The balance of the land remains in a densely vegetated state. Rehabilitation works have commenced on the upper section of the quarry.

Road access to the quarry is fully sealed from its intersection with Cobargo/Bermagui Road.

There are a number of dwellings within the general vicinity of the quarry. They are well removed and screened from on-site quarry operations by the existing topography and vegetation.

A second quarry is located approximately 500 metres to the north of Council’s quarry. The quarry is privately owned (Bermagui Sand and Gravel) and is known as “Haase’s Pit”. The quarry has been in operation for many years and enjoys existing use rights under the provisions of the Environmental Planning and Assessment Act 1979. Council (Mumbulla Shire Council) approved the installation of crushing plant and the erection of a workshop building in March 1976.

In the main, Haase’s Pit is unregulated with the exception of crushing activities which are restricted to between 6.00am and 6.00pm Monday to Saturday inclusive.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 96 and Section 79C of the Environmental Planning and Assessment Act 1979. Staff highlight the key issues of the proposal in this report for Council’s consideration. A full copy of the assessing officer’s Section 96 assessment will be available at the meeting.

Zoning

Bega Valley Local Environmental Plan 2002

The application to modify was lodged prior to the gazettal of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and in accordance with clause 7 of BVLEP 2013, the application to modify is to be assessed as if the Plan had not been made.

The land is located within a 1(a) Rural General Zone in which an extractive industry is a permissible use with Council consent.

The proposal has been assessed in accordance with the objectives of the 1(a) zone and was found to be consistent with those objectives.

Bega Valley Local Environmental Plan 2013 (considered as draft only)

The land is located within an RU2 Rural Landscape Zone under the provisions of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) with an extractive industry a prohibited use within the zone.

Notwithstanding the above State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 would permit an extractive industry within the RU2 zoning.

Issues

The assessment of the application has identified several key issues which are discussed in detail below.

Environmental

The current application is supported by a detailed Environmental Impact Assessment prepared by NGH Environmental dated November 2012 and a Noise Impact Assessment prepared by SLR Global Environmental Solutions dated December 2013.

These reports address potential environmental impacts associated with the proposed changes in operational characteristics as documented in the application to modify. The reports conclude that no new impact types are expected as a result of the proposed modification however issues relating to air quality, noise impact and fauna impact are addressed below.

Air Quality – Crushing process

The proposed modification proposes to increase the crushing period from 20 days to 40 days per year.

Atmospheric pollutants created by the activity include dust and exhaust emissions associated with the operation of plant and equipment on-site. High levels of dust can suppress vegetation growth and impact on nearby residential properties.

Given the distance to nearby residences, the intervening topography and vegetation and prevailing winds, significant impacts caused by dust are considered unlikely. Notwithstanding, suitable operational conditions are imposed on the existing development approval and Environmental Protection Licence for the purpose of dust suppression.

Additional exhaust emissions would impact on air quality but are considered unlikely to be significant given the nature of the machinery involved and the intermittent nature of the work. Ensuring that all equipment is well maintained would assist in minimising vehicle and machinery emissions. Operational conditions are imposed in the Environmental Protection Licence. However, the development consent is silent in this regard. Conditions are recommended to be imposed in the consent, provided as Attachment 5 and 6 to this report, in support of the Environmental Protection Licence.

[Refer draft Condition Nos. 22 and 23]

Air Quality – Truck movements

On average 70 vehicle movements (in and out) per day can be experienced. Dust is generated by this process which has the potential to impact on vegetation and nearby residential properties.

Suitable operational conditions are imposed on the existing development approval and Environmental Protection Licence for the purpose of dust suppression. It is also noted that Ridge Road from its intersection with the Cobargo-Bermagui Road has been sealed to the quarry gate. The sealing of Ridge Road has significantly reduced the impact of dust during haulage.

Noise Impact – Crushing operation/truck movements

A comprehensive noise impact assessment was undertaken by SLR Consulting in 2010 in support of the application to modify the original approval to permit drilling, blasting and crushing of material on-site.

The report identified a number of possible noise issues and provided recommendations to mitigate those concerns. The report stated that the predicted noise levels during drilling and crushing activities would comply with both the intrusive and amenity noise assessment criteria of the NSW Industrial Noise Policy 2000 at all but 2 nearby residences. Where the report identified non-compliance with the Policy, specific recommendations were made to mitigate any impact. Suitable operational conditions are imposed on the existing development approval and Environmental Protection Licence.

As part of the current application, a detailed noise impact assessment report has been prepared by SLR Global Environmental Solutions. The report addresses potential noise impacts associated with the proposed changes in operational characteristics of the quarry.

The report was commissioned specifically to address issues raised by the Council’s Environmental Services staff and Environment Protection Authority (EPA) with regard to:

· Cumulative noise impacts from both Costin’s Pit and Haase’s Pit given the potential for both pits operating concurrently.

· Assessment of noise impact from truck movements associated with the operation of Costin’s Pit to ensure that the proposed activities and mitigation strategies are consistent with the NSW Road Noise Policy 2011.

The report concludes that:

· The existing terrain surrounding Costin’s pit provides a high level of shielding to most dwellings in the immediate locality.

· Cumulative noise impact from both quarries operating concurrently complies with the applicable Amenity noise criteria.

· The overall noise predicted from both quarries was below the existing background noise level (Leq noise level) measured and reported in 2010.

· Based on potential peak traffic volumes at Costin’s Pit and Haase’s Pit whilst operating concurrently, the resultant noise levels at the closest dwelling from haul trucks accessing the site were found to comply with the applicable noise criteria nominated in the NSW Road Noise Policy 2011. However, noise levels at the closest dwelling would exceed the ambient background noise and as such, would be noticeable.

The report has made several recommendations for the purpose of mitigating potential noise impacts. They relate to the hours of operation, limiting the number of daily vehicle movements during haulage, early notification advising local residents of commencement of quarry/haulage operations, maintenance of plant and equipment, siting of crushing plant on-site in a location which takes advantage of topography and the operation of plant and equipment in the quietest and most efficient way.

The report has been reviewed by Council’s Environmental Services Manager who has advised that the noise impact assessment has been prepared in accordance with the NSW Industrial Noise Policy and that the additional matters raised by EPA and Environmental Services staff, have been addressed. Council’s Environmental Services Manager supports the recommendations in the noise impact assessment report.

The report was referred to the EPA for consideration and advice with regard to the terms and conditions of the Environmental Protection Licence. In response, no objection has been raised to the proposed changes in the operational characteristics of Costin’s Pit provided existing and proposed noise control and management practices are maintained and introduced as required. The EPA has also advised that the terms and conditions of the Environmental Protection Licence would not require amendment.

To ensure noise impacts are mitigated, suitable conditions have been imposed in the draft Notice of Determination and modified Draft Development Consent provided as Attachment 5 and 6 to this report.

[Refer draft Condition Nos. 4, 19, 20, 21 and 24]

Fauna Impact

An assessment on the impact of drilling, blasting and crushing on native fauna was undertaken by NGH Environmental in support of the earlier modification in 2011. The report established that the noise, vibration and dust generated by the then proposed quarry activities would have an impact on native fauna, particularly nocturnal species that may be roosting in the general vicinity of the site.

The report identified that those species most at risk included the Wedge-tail eagle, threatened Microbats and Powerful Owl. Conditions were imposed at the time to limit noise generating activities associated with the crushing of material to particular times of the year namely September and October as recommended by the report.

The application to modify is supported by a fauna assessment prepared by NGH Environmental aimed specifically at the potential impact on native fauna given the proposed extension in the crushing period from 20 days to 40 days per year.

The report concludes that given the crushing operation would be limited to one six to eight week period in early Spring (September and October) and one four week period in Autumn (March) and that larger areas of similar and potentially better quality habitat is found in the surrounding areas (inclusive of the Biamanga Natural Park south of the site), the impacts to native fauna over the long term would not be significant.

To ensure impacts on native fauna are minimised, suitable conditions have been imposed in the draft Notice of Determination and Modified Development Consent provided as Attachments 5 and 6 to this report.

[Refer draft Condition No. 17]

Traffic Impact

On average, 70 vehicle movements (in and out) can be expected. The increase in the volume of extraction, crushing period and total haulage days would not result in an increase in daily vehicle movements. This is based simply on the fact that only so many trucks/trailer can be loaded on any given day subject to operational demand and weather.

Ridge Road from its intersection with the Cobargo-Bermagui Road has been constructed to a sealed standard which exceeds that conditioned in the original development consent for the quarry.

To ensure impacts associated with traffic haulage are minimised, a suitable condition has been imposed in the draft Notice of Determination and Modified Development Consent provided as Attachments 5 and 6 to this report.

[Refer draft Condition No. 19]

Consultation

Environment Protection Authority

The application to modify was referred to the Environment Protection Authority with no objection raised to the proposed changes provided existing and proposed noise control and management practices are maintained and introduced as required. The EPA has also advised that the terms and conditions of the Environmental Protection Licence for the site would not require amendment.

Department of Trade and Investment – Resources and Energy

The application to modify was referred to the Department of Trade and Investment. No objection was raised to the proposed changes to the operational characteristics of the quarry subject to the implementation of the recommended measures to mitigate the impacts of noise, dust and emissions from crushing and vehicle movements together with safeguards to protect the local fauna and on-going consultation with neighbouring land holders.

Submissions

The application to modify was subject to two separate 14 day notification periods. The first period commenced on 27 February 2013 and resulted in the lodgement of 2 submissions from local residents. The second period followed the receipt of additional information and commenced on 7 April 2014. In response, 3 submissions were lodged from local residents raising objections to the proposed modifications.

A copy of the submissions will be available at the Council meeting.

The key issues raised in all submissions are discussed below followed by staff comment.

· The intersection of Cobargo-Bermagui Road and Ridge Road is constructed to a standard which does not adequately cater for the volume of traffic generated by the two existing quarries and co-incidental mail box deliveries and routine garbage collection. The standard of construction is detrimental to road safety. An increase in the scale of the quarry would exacerbate the problem.

8 Comment:
Haulage days are unregulated under the existing development approval and Environmental Protection Licence. The proposal would extend the haulage days from 20 to 30 days per year dependant on demand and weather conditions. An increase in haulage days would not translate to an increase in daily vehicle movements over the local road network.

Assessing staff are satisfied that the existing intersection treatment of Ridge Road and Cobargo-Bermagui Road has been designed and constructed in accordance with the development consent for the quarry and to the requirements of Roads and Maritime Services (RMS). The existing consent refers to a “Type A” intersection treatment. This standard has been superseded by new road design standards known as an Urban Basic Right-turn Treatment (BAR) however staff are satisfied that the existing intersection treatment exceeds the new minimum design standards.

Furthermore, Ridge Road has been sealed from the intersection with Bermagui-Cobargo Road to the quarry entrance. It should be noted that the consent only required the sealing of the first 50 metres from the intersection along Ridge Road.

The location of Road furniture (mail boxes) and garbage bins and impact on the function of the intersection has been referred to Council’s Infrastructure, Waste and Water section for assessment.

It is considered that an increase in the scale of the quarry operation would not warrant an upgrade in the design and construction standard through the intersection.

· Ridge Road is not wide enough to cater for existing and any additional traffic generated by the proposed change in the operational characteristics of the quarry. The road should be re-aligned to straighten out the bend in the vicinity of the traffic safety mirror.

8 Comment:
Council’s engineering staff have advised that the existing road formation in Ridge Road was subject to inspection and measurement for the purpose of establishing a minimum formation width. It was found that a minimum formation width of 7 metres was maintained being in excess of the 6.4 metre standard required by the original development consent. The width of the existing formation adequately caters for the safe movement of haulage vehicles. Therefore it is considered that straightening of the road is not required.

It should be noted that straightening of the road would require land acquisition involving Lot 91 DP 580933 and assessment of the impact of vehicle movements and associated road traffic noise on the existing dwelling located on Lot 91.

· The pavement formation of Ridge Road is constructed to a standard which is not suitable to carry the weight of heavy vehicles.

8 Comment:
Ridge Road is a Council maintained public road. Council’s engineering staff have advised that the road has been constructed to a higher standard to that specified in the development consent and to a higher standard to that normally associated with local rural roads.

In recognition of the 2 existing quarries, the road has been sealed to a 6.4 metre wide bitumen standard with unsealed shoulders. On inspection, there is no evidence of deformation or degradation except for some minor edge breaks. This indicates that the standard of construction is suitable for the type of vehicles using the road.

· Truck movements associated with the haulage of material from Council’s quarry can vary from 70 to 152 vehicle movements (in and out) per day. Truck movements associated with the operation of Haase’s Pit have not been taken into account in assessing potential impact on nearby dwellings.

8 Comment:

The applicant has advised that there is no proposed change in the operational characteristics of its quarry which would increase daily traffic movements. The current application acknowledges that on average the quarry would generate approximately 70 vehicle movements (in and out) per day but may exceed 70 at times of high demand such as, road maintenance/construction in response to major flood events.

Advice has also been received to the effect that Council only sources gravel material from Haase’s Pit once the yearly extraction limits (10,000m³) on Council’s quarry have been reached.

· The existing approval does not separate on-site quarry operations from haulage days. Accordingly, the operation of the quarry inclusive of haulage is restricted to 20 days per year.

8 Comment:
The existing consent is clear in this matter. The 20 day period condition in the consent only applies to the drilling, blasting, crushing and stockpiling of material. The loading of material and haulage is not restricted by this condition.

· Council exceeded its operational approval (10000m³) in 2012/2013. It’s obvious that Council cannot adhere to its approvals and that its obligations to monitor its operation.

8 Comment:
The applicant has advised that the crushing of material was completed on 31 October 2013 and that 15,900m³ (27,000 tonnes) was produced which exceeded the threshold in the approval. However, this was a “one off” event in response to major flood events in 2011 and 2012 and the need to access a reliable supply of crushed gravel in the northern sector of the Shire for the repair of Council’s roads under Council’s Flood Repair Program.

Both the development consent for the quarry and the Environmental Protection Licence allows the thresholds to be exceeded in response to an emergency.

The applicant further advised that in previous years, the operational thresholds in the development consent have not been exceeded and this is supported by records required to be kept under the Environmental Protection Licence.

· The NGH Environmental report does not properly identify the location of 3 existing dwellings which are in close proximity to Ridge Road and as such, are exposed to adverse road traffic noise during haulage days. Trucks use compression breaking on a regular basis which is very noisy. The situation is not monitored to ensure compliance.

8 Comment:
The NGH Environmental report initially failed to recognise the presence of 3 existing dwellings located back towards the Cobargo-Bermagui Road/Ridge Road intersection and the potential impact on their residential amenity by reason of road traffic noise.

A further report was commissioned to address, among other things, the impact of road traffic noise on all nearby dwellings.

The issue of road traffic noise and potential impacts have been addressed earlier in this report.

· Council is not at liberty to assess and determine the current application. The current application has to be assessed and determined by a joint regional planning panel.

8 Comment:
Whilst the provisions of Schedule 4A of the Environmental Planning and Assessment Act 1979 apply to Designated Development for extractive industries, the Joint Regional Planning Panels Operational Procedures are clear that the JRPP is the determining for Section 96(2) modifications where the Panel was the original determining authority. In this case, Council was the original determining authority and therefore staff are of the opinion the Council remains the determining authority for the modification.

· In accordance with Condition 15 of the Consent, dilapidation reports have not been prepared and forwarded to affected landowners.

8 Comment:
The condition in the development consent requires the preparation of dilapidation reports for those dwellings located within 500 metres of Council’s quarry.

The applicant has advised that the reports satisfying the development consent were completed in August 2011 but there is no record of the reports being received by Council as part of the requirements of the development consent.

The reports have now been received in accordance with the consent. The report identifies all properties/dwellings in Ridge Road are located outside the nominated 500 metre radius in the approval.

· The detail in Council’s application makes no sense in that the total volume of material to be extracted (17500m³/30000 tonnes) does not equate to the proposed increase in haulage days (20 to 30 days).

8 Comment:
The applicant has advised that approximately 800 tonnes of material is able to be crushed per day whereas approximately 1000 tonnes of material is able to be hauled per day.

· The 30 km/h speed limit along Ridge Road and as nominated in the Consent is not being adhered to whilst Council’s quarry is operating. This is posing a safety concern to local residents.

8 Comment:
The applicant has advised the following procedures have been implemented to address road safety and to limit traffic noise whilst hauling ;

i. No trucks are allowed to travel on Ridge Road prior to 7.00am.

ii. Signage is placed during the hauling of material limiting travel speed to 30 km/h and the use of exhaust braking along Ridge Road.

· There is a serious road safety issue at the intersection of Cobargo-Bermagui Road and Ridge Road during the morning and afternoon school bus pick-up and arrivals. School children are at risk given potential conflict between school buses, pedestrians and haulage vehicles.

Pedestrian/cyclist/heavy vehicle conflicts are also likely to occur along Ridge Road.

8 Comment:
The road standards and the effectiveness of the local road network have been considered earlier in this report.

It is also to be acknowledged that the 30 km/h speed limit is less than the typical ‘school zone’ speed limit applied throughout the State.

· The proposed increase in haulage days will exacerbate the effects of road traffic noise to the detriment of nearby residential properties.

8 Comment:
The effects of road traffic noise on nearby dwellings have been addressed earlier in this report.

· The existing zoning of the land precludes the expansion of industrial development.

8 Comment:
As previously outlined in the report the zoning of the land under BVLEP 2013 does not preclude Council from assessing and determining the current application to modify.

· The proposed increase in haulage days will exacerbate queuing at the intersection of Cobargo-Bermagui Road and Ridge Road.

8 Comment:
The applicant has advised that there will be no increase in queuing on any given day. Average daily/hourly traffic movements associated with haulage would remain unchanged. Simply the number of haulage days will change.

conclusion

The current application to modify the existing development consent seeks to:

· Increase in the volume of material extracted from the quarry from 10,000m³ (17,500 tonnes) to 17,000m³ (30,000 tonnes) per year over the life of the quarry.

· Extending the approved crushing period from 20 days to 40 days per year with the extended crushing period to occur in March (4 weeks).

· Replace specific plans in the approval with updated plans designed to reflect the existing and future operational characteristics of Council’s quarry and best practice standards and methods in site rehabilitation.

Whilst unregulated by the development consent and Environmental Protection Licence, haulage days would increase from approximately 20 to 30 days per year.

The issues raised in the submissions have been assessed and would not warrant a refusal of the current application.

Advice has been received from the EPA and Department of Trade and Investment to the effect that each authority raises no objection to the proposed operational changes of the quarry provided that existing and proposed noise controls and environmental management practices are maintained and applied as required.

The EPA has also advised that the changes would not require a change to the terms and conditions outlined in the Environmental Protection Licence.

Approval of the current application to modify the Consent is recommended.

ATTACHMENTS

1 . Copy of Development Consent 1991.1124 dated 22 July 1991

2 . Copy of Development Consent as modified on 26 July 2011

3 . Environment Protection Authority Licence 20005 dated 19 August 2011

4 . Locality Plan

5 . Draft Notice of Determination to Modify Consent

6 . Draft Modified Consent

recommendation

1. That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report.

2. That all parties who made a submission be advised of Council’s determination.

3. Investigation into the relocation of mail boxes and garbage bins at the intersection of Cobargo-Bermagui Road and Ridge Road be undertaken with the aim to improve the function of the intersection.

4. That Council implement the following road safety and amenity procedures if and when sourcing/hauling gravel material from Haase’s Pit:

· No trucks are allowed to travel on Ridge Road prior to 7.00am

· Signage is to be placed during haulage limiting travel speed to 30 km/h and the use of exhaust breaking.

Council 25 June 2014 Item 8.3

8.3. Bega Valley Shire Council Climate Change Strategy

The Bega Valley Shire Council Climate Strategy articulates the projects and programs Council will implement to address climate change and its impacts on the Bega Valley Shire. It sets forth a comprehensive and pragmatic approach to dealing with mitigation and adaptation issues facing Council operations and the legislated responsibilities of Council.

Acting Group Manager Planning and Environment

Background

The Bega Valley Shire Council Climate Change Strategy sets forth the key steps and actions Council will implement to its own operations to address climate change. Council will address climate change across the areas of risk management, legislated responsibility, greenhouse gas reduction and appropriate adaptation strategies.

To do this the Strategy takes four strategic directions:

1. Lead the implementation of effective climate change programs locally;

2. Reduce greenhouse emissions, environmental impact and be more resource efficient;

3. Adapt to and plan for climate change; and

4. Identify opportunities to support the community to innovate in markets, technologies and institutions to build community and business resilience.

The Draft Climate Change Strategy was approved for public exhibition for a 28 day period until 23 May. Three submissions were received which are detailed in the consultation section below.

ISSUES

Legal

Council has legislated responsibilities under the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 that are directly impacted by climate change. These include:

- Land use planning

- Emergency management

- Service provision (e.g. water & sewer and community programs); and

- Infrastructure provision (e.g. roads, drainage).

Council’s insurer (Statewide) now requires climate change impacts to be taken into account as part of Council’s risk profile. If Council does not do this effectively insurance premiums will increase.

Policy

Council adopted a Climate Change policy (policy 3.12) in July 2013.

Environmental

Climate change is a significant threat to biodiversity of the Shire and the strategy supports Council’s broader efforts to protect and enhance the Shire’s unique natural environment. The importance of protecting and where possible improving this biodiversity, has direct links to the Shire’s efforts to increase tourist visitation.

Sustainability

The Strategy identifies ways to reduce Council’s corporate environmental impact with specific attention to greenhouse emissions and energy reduction. These efforts are also targeted at improving Council’s financial bottom line.

Asset

Council manages a diverse range of assets in the Shire. The Strategy seeks to protect and enhance many of these assets (e.g. pump stations, bridges and roads) from the impacts of climate change (e.g. coastal hazards, flooding) in a coordinated and integrated way. Additionally, the management of these assets needs to be efficient and sustainable with reduced energy consumption and the subsequent mitigation of greenhouse emissions a key priority.

Social / Cultural

The Strategy proposes to support and develop appropriate community programs which help the community to successfully adapt to the impacts of climate change. Federal and State Government support for adaptation programs and activities are likely to increase over time and represent a significant opportunity to become a leader in this field and ensure the Bega Valley Shire community is prepared for climate change impacts.

Economic

The Strategy specifically identifies building a resilient local economy as important to long term sustainability of the Shire. Through supporting new market opportunities and encouraging the Shire in the localised production of goods and services, Council can build a resilient community more adept at addressing local and global climate change impacts.

Additionally, the Strategy seeks to reduce Council’s corporate energy consumption which will help contain Council’s costs of service delivery.

Consultation

The Climate Change Strategy has had significant staff input. Initial feedback from Councillors led to some re-formatting of the document to place greater emphasis on Council’s role in implementing actions.

During the community exhibition period three submissions were received. The submissions in summary were:

Overview of submissions	Staff response
1. Suggested alternative source of climate information being the ‘Nongovernmental International Panel on Climate Change’ (NIPCC).	Council will keep abreast of all climate information as appropriate. However, Council like all other local governments, state, federal and international governments and Council’s insurers will continue to utilise the information provided by the International Panel on Climate Change (IPCC). The IPCC is recognised as the leading and most reliable international body for infrastructure and assessment of climate change.
2. Supportive of the Strategy’s content with suggested changes to framing of native forests, bushfire hazard and biomass (renewable energy) issues.	Through the implementation of the Strategy and in the context of protecting our community and environment, Council will keep abreast of best practice policy, methods and programs to mitigate and adapt to climate change across issues concerning native forests, bushfires and biomass.
3. Supportive of the Strategy’s content with specific interest in bike paths, renewable energy and forests and their role in a healthy local ecosystem.	Council will keep abreast of best practice policy, methods and programs to mitigate and adapt to climate change across issues concerning bike paths (sustainable transport), renewable energy and native forests.

Operational Plan

The 2013-14 Operational Plan identifies the completion of the Climate Change Strategy in 2013-14.

Conclusion

The Bega Valley Shire Council Climate Change Strategy formalises a significant amount of work and effort which Council has been undertaking over a number of years and presents future directions on key areas of responsibility and opportunity. The implementation of the Strategy will assist Council to deliver upon its legislated responsibilities, improve resource efficiency and engage the Shire’s community in the priority issues and projects required to adapt to the impacts of climate change.

ATTACHMENTS

1. BVSC Climate Change Strategy 2014

2. Appendix A BVSC Climate Change Strategy 2014

Recommendation

That Council endorse the Bega Valley Shire Council Climate Change Strategy 2014.

Council 25 June 2014 Item 11.3

11.3. Beach Control 2013/2014

Report on the 2013/2014 season report for patrolled beaches within the Bega Valley Shire.

Business and Technology Manager

Background

Council provides a beach control and lifeguard service at seven beaches, which in recent years has been provided by contract, awarded to Surf Life Saving NSW Pty Ltd, trading as Australian Lifeguard Services (ALS). Council is responsible for the provision and maintenance of equipment such as boards, flags etc. at the four beaches that do not have surf clubs.

ALS was contracted to provide beach patrol and lifeguard services during the summer period at the following beaches:

Aslings Beach (Eden) 26th December 2013 – 28th January 2014

Bar Beach 27th December 2013 – 28th January 2014

Camel Rock 27th December 2013 – 28th January 2014

Horse Shoe Bay (Bermagui) 26th December 2013 – 28th January 2014

Merimbula Main Beach 26th December 2013 – 28th January 2014

Pambula Beach 26th December 2013 – 28th January 2014

Short Point 27th December 2013 – 28th January 2014

Tathra Beach 26th December 2013 – 28th January 2014

The service is complemented by Surf Lifesaving volunteers who patrol Horseshoe Bay (Bermagui), Tathra and Pambula Beaches on Saturday, Sunday and Public Holidays during the same period.

Service Report - Season 2013/14

During the contracted service period 2013/14, the report indicates Lifeguards performed 219 rescues and 10,803 preventative actions. This was a slight increase on season 2012/13 rescues and preventative actions. It is suggested that this was due to less favourable surf conditions over the period.

Lifeguards responded to 611 First Aid incidents, compared to 672 in 2012/2013

Included in the table below is the total attendance.

Beach	Preventative Actions	Rescues	First Aid	Law Enforcement	Public Relations	Attendance
Aslings Beach	1,800	10	121	379	1,744	10,717
Bar Beach	1,377	42	214	44	3,411	27,818
Camel Rock Beach	1,217	9	37	147	1,963	15,349
Horse Shoe Bay Beach	314	2	33	143	964	7,718
Main Beach Merimbula	1,838	74	81	121	3,340	40,771
Pambula Beach	2,237	33	38	469	1,308	15,487
Short Point Beach	944	36	60	31	2,301	14,542
Tathra Beach	1,076	13	27	6	635	28,484
TOTAL 13/14	10,803	219	611	1,340	15,666	160,886
TOTAL 12/13	10,652	178	672	Not recorded	Not recorded	194,137
TOTAL 11/12	13,907	194	434	105	11,679	194,281

Rescues are defined as Lifeguards rendering assistance to swimmers who find themselves in difficult situations from which they are unable to remove themselves.

Preventative action undertaken by Lifeguards includes advising the beach users they are undertaking risky behaviours. This can be swimming in a dangerous or isolated location or swimming outside the Red & Yellow flags or providing other safety and educational advice.

First Aid is the initial care of a suddenly sick or injured person and is the prompt care and attention prior to the arrival of an ambulance. In the Beach Lifeguard context, these generally take place out of the ocean and are classified as responsive tasks.

Attendance is the Lifeguards estimate (a cumulative figure over the course of the day during patrol hours) of beach attendances as recorded in daily logs.

Incidents

The following incidents were extracted directly from the 2013/2014 report.

On 31 December 2013 at Merimbula Main Beach, a member of the public alerted authorities to the fact they hadn’t seen a swimmer return to the shore and were worried about their welfare. Bega Valley Supervisor was contacted via the Surf Emergency Response System and confirmed that he would attend the scene immediately. A search was begun utilising Pambula SLSC’s IRB and RWC under the direction of Bega 1. Services continued to search for the missing swimmer for approximately an hour but were stood down by Police when no sign of the swimmer was located and the original informant could not be contacted for further information. No further action was required by Lifeguards.

On 2 January 2014 at Bar Beach, 6 members of the public were sucked out to sea in a strong current at the same time. The Lifeguard immediately grabbed a rescue board and went to assist, reaching the first 4 patients a short time later. Due to being unable to paddle the rescue board with 4 people holding onto it, the Lifeguard signalled to a nearby member of the public on a PWC to assist with the other 2 patients. The member of the public was able to take both patients back to shore and then returned to assist the Lifeguard ferry the other patients to shore. The Lifeguard performed checks on all patients to ensure they were fine and no further medical attention was required.

On 2 January 2014 at Merimbula Main Beach, 3 members of the public became caught in a rip shortly after Lifeguards had finished packing up the beach and were about to leave for the day. Lifeguards, spotting the emergency, immediately took out rescue boards and paddled out to assist the 3 patients. Lifeguards assisted all 3 patients back to shore where checks were conducted to ensure that the patients didn’t require further medical assistance. No further action was required.

On 6 January 2014 at Tathra Beach, 3 children became caught in a rip shortly after Lifeguards had finished packing up the beach and were about to leave for the day. Lifeguards immediately took out rescue boards and paddled out to assist the 3 children. Lifeguards assisted all 3 children back to shore, where checks were conducted to ensure that the patients didn’t require further medical assistance. No further action was required.

On 10 January 2014 at Tathra Beach, Lifeguards were packing up the beach at the end of the day when a distressed parent approached them and stated that their child was missing. Lifeguards immediately took details of the child and began searching the nearby beach area and water line for any sign of the child. Lifeguards were able to locate the child a short time later down the beach. The child was returned to their parent and was able to leave the beach.

On 17 January 2014 at Camel Rock Beach, an eight year old boy was swimming when he was dumped by a wave and landed awkwardly on his back. Lifeguards immediately assisted the boy back up the beach and began treating the patient as a suspected spinal injury. Lifeguards immobilised the boy and began treating the patient as a suspected spinal injury. Lifeguards immobilised the boy and placed the patient on oxygen therapy. Lifeguards continued to monitor the patient and soon after being placed on oxygen therapy began to show signs of improvement. The patient’s parent decided that they were able to leave the beach without further assistance. Lifeguards recommended seeking further medical assistance to ensure no further treatment was required.

ISSUES

Council has received a deputation from local surf lifesaving clubs presenting their case for support to the clubs for cover of Saturday mornings. This was previously covered by paid lifeguards and is now a requirement of the clubs agreement with Surf Lifesaving NSW. The clubs maintain that there was no consultation with them in relation to this matter by ALS. They acknowledge that this is not a Council issue however it is a matter of concern for them and their volunteers. Following a meeting with the Mayor and senior staff they are preparing a formal position for presentation to Council for consideration.

Council has also received a draft report from Australian CoastSafe following a recent audit undertaken of 156 coastal sites in the Bega Valley. This draft Coastal Public Safety Risk Assessment report provides a series of recommendations for consideration by Council, National Parks and other bodies. The report was prepared as part of a statewide drowning prevention project known as Project Blueprint. Staff have provided feedback on the draft and the report will be presented to Council when the final document is received.

Tathra Chamber of Commerce has also approached Council in relation to supporting a lengthened patrol period for Tathra beach. The Chamber indicated that they would be willing to discuss supporting this initiative financially once the cost was determined.

A further report will be prepared and presented to Council on these matters.

Financial

Council’s annual budget for this service was approximately $192,000 in 2013/2014.

Conclusion

The control and provision of beach lifeguard services is an important part of Council’s services during the peak summer tourist season. The report into the activities of ALS for 2013/2014 season shows the significant number of people which take advantage of the service, suggesting the operation is of continued value to the community.

ATTACHMENTS

Nil

Recommendation

That Council note the 2013/2014 beach control service report.

Council 25 June 2014 Item 11.4

11.4. Merimbula Effluent Management Strategy

This report recommends commencement of an Environmental Impact Statement (EIS) for Merimbula Effluent Management Strategy. The Merimbula Effluent Management Strategy projects recommended are to upgrade Merimbula Sewage Treatment Plant to improve effluent quality, to construct and operate a deep water ocean outfall for the disposal of effluent unable to be reused and to develop recycled water irrigation schemes at Pambula Sports Complex and Pambula Recreation Ground to improve playing amenity and reduce the reliance on potable water use for irrigation. This report recommends that an EIS process be undertaken to assess these projects, gain necessary approvals and make them construction ready when financial subsidy becomes available.

Group Manager Infrastructure, Waste & Water

Background

The Merimbula Sewage Treatment Plant (STP) treats sewage from Merimbula, Pambula, Pambula Beach and South Pambula to an advanced secondary standard. Approximately 75-85% of the effluent produced is disposed via the ocean outfall on the beach or to the exfiltration ponds in the dunes opposite the STP. Approximately 15-25% is used to irrigate the Pambula-Merimbula Golf Course and Oaklands farm.

The existing effluent quality and methods of disposal require an upgrade. Effluent nutrient concentrations and disinfection levels pose a risk to the local receiving environment and public health. The beach face ocean outfall fails to meet community expectations and NSW EPA environmental objectives. The dunal exfiltration ponds are limited by groundwater level impacts and long term sustainability issues.

The Merimbula Effluent Options Investigation (2009-2013) investigated a range of available options for treatment, reuse (8) and disposal (3) of effluent from Merimbula STP. The options were assessed and ranked based on criteria for public health, receiving water quality and aquatic ecology, Aboriginal cultural heritage, regional economy, aesthetic and recreational amenity, construction impact, operation and maintenance, reliability, greenhouse gas emissions and cost (i.e. multi-criteria analysis) by a stakeholder Focus Group during four workshops. All information from the Merimbula Effluent Options Investigation is available on Council’s web site.

Recommendations from the Focus Group on a preferred effluent management strategy were considered by Council at the meeting of 3 July 2013. Council resolved the following:

1. That Council adopt an effluent management strategy for Merimbula Sewer Treatment Plant (STP):

· sewage treatment plant upgrades to improve effluent quality.

· construction of a deep water ocean outfall for the disposal of effluent unable to be used beneficially by the existing reuse schemes at the Pambula/Merimbula Golf Course and Oaklands.

2. That Council pursue ways over the next 12 months to meet a capital funding shortfall for a deep water ocean outfall effluent disposal system with State and Federal Governments, including lobbying of candidates’ for the 2013 federal election.

3. That should a commitment to subsidy funding by State and Federal Governments be not forthcoming, then Council proceed to constructing a dunal exfiltration system once relevant approvals are gained.

4. That should subsidy not be forthcoming, then Council also consider other reuse options as per the Effluent Options Study Focus Group’s recommendations.

Subsequent meetings have been held with State and Federal Government ministers and staff in line with the adopted Council resolution, including Ministers’ Constance, Hendy, Hodgkinson (Chief of Staff) and Stoner.

There was a general acknowledgement at each meeting that upgrading the STP and constructing a deep water ocean outfall was the appropriate strategy to pursue based on the presented facts. Ministers’ Constance and Hodgkinson (Chief of Staff) suggested that Council advance the projects by completing an EIS and gaining the necessary approvals. They advised that making the project construction ready would help in efforts to obtain financial support.

Feedback on funding opportunities was that funding programs/initiatives for infrastructure projects were being developed and would be announced in time.

Developing a new reuse scheme for Pambula Sports Complex and Pambula Recreation Ground was originally assessed as part of the options investigation. It ranked 2^nd out of the 24 strategies assessed by the Focus Group and has continued to be raised by the community as a worthwhile project. It is a reuse project that will provide public benefit and will reduce the reliance on potable water currently used to irrigate these areas.

Point 3 of Council’s adopted resolution mentions proceeding to constructing a dunal exfiltration system once relevant approvals are gained should a commitment to subsidy funding by State and Federal Government not be forthcoming. Proceeding to constructing a dunal exfiltration system is not recommended at this point in time as a commitment to subsidy funding by State and/or Federal Government remains likely. Furthermore, a new dunal exfiltration system has little stakeholder support, has cultural heritage sensitivities, will involve clearing a large area of native dunal vegetation and has uncertainties associated with long term operational performance and impact on Merimbula Lake water quality and groundwater dependent ecosystems. Undertaking an EIS and gaining approval for such a scheme is likely to be difficult.

Preference is to advance point 1 of Council’s adopted resolution by commencing an EIS for sewage treatment plant upgrades to improve effluent quality and construction of a deep water ocean outfall for the disposal of effluent unable to be used beneficially by the existing reuse schemes at the Pambula/Merimbula Golf Course and Oaklands. This is consistent with the advice obtained from Ministers’ Constance and Hodgkinson (Chief of Staff). Developing a new reuse scheme for Pambula Sports Complex and Pambula Recreation Ground is included in the strategy for the reasons outlined above.

ISSUES

Legal

Pollution Reduction Program PRP6 Investigation of beneficial reuse and disposal of treated effluent from the Merimbula Sewage Treatment Plant is a condition of Licence 1741 for Merimbula Sewage Treatment Plant established under Section 58(5) Protection of the Environmental Operations Act, 1997. It arose because an improved effluent disposal system for Merimbula STP was excluded from the Bega Valley Sewerage Program in July 2007.

The Merimbula Effluent Options Investigation project has satisfied many aspects of PRP6. However PRP6 also includes a requirement to develop a capital works plan, obtain approvals and commence design and construction in accordance with approvals. These licence requirements have yet to be met. Commencement of an EIS process will enable Council to demonstrate to the NSW EPA and community that progress is being made towards construction of improved effluent management infrastructure.

All environmental planning instruments (EPI) will require consideration to determine if there are any that prohibit development of the adopted effluent management strategy. If no EPI prohibit development then the development will be assessed in terms of meeting State Significant Development (SSD) provisions under the State Environmental Planning Policy (State and Regional Development), 2011.

If SSD provisions are met then the development will be assessed under Part 4 of the Environment Planning and Assessment Act, 1979 (EP&A Act) and Environment Planning and Assessment Regulation 2000 in accordance with requirements issued by the Director General of the NSW Department of Planning and Infrastructure. An EIS will be required and will be determined by the Minister or delegate.

If no SSD provisions are met then Council as a public authority may be able to meet “development without consent” provisions under the State Environmental Planning Policy (Infrastructure), 2007 and the development assessed under Part 5 of the EP&A Act and Environment Planning and Assessment Regulation 2000. The EIS would be determined by Council under Part 5.

All approvals for construction will be identified during the EIS process and will need to be obtained prior to construction commencement. The EIS process will also include substantial community consultation.

Policy

Nil Policy implications

Environmental

The EIS will assess the environmental impacts of the effluent management strategy projects. The main focus will be the deep water ocean outfall.

The deep water ocean outfall was considered by the Focus Group to offer the greatest relative environmental benefit through improving receiving water quality and ecology, having the least construction impacts and operational greenhouse gas emissions and providing the greatest preservation of Aboriginal cultural heritage, aesthetics and recreational amenity.

Sustainability

The EIS will assess the sustainability of the effluent management strategy projects. The main focus will be the deep water ocean outfall.

The deep water ocean outfall was considered by the Focus Group to be a more sustainable option. It would consume significantly less energy and have less operation and maintenance issues than a dunal exfiltration system. It would also have no capacity limitations for peak wet weather flows and long term population growth.

Asset

The EIS will assess the infrastructure requirements of the effluent management strategy projects. These assets are expected to include:

· Alum and caustic dosing facilities for phosphorous reduction and pH correction

· Chlorine disinfection system

· Ultraviolet (UV) light disinfection system

· Pumps and pipeline for a deep water ocean outfall

· Multiport diffuser to provide mixing and dilution at the discharge point for a deep water ocean outfall

· Transfer pipework, tank storages, irrigation pipework, sprinklers and controls for reuse at Pambula

The construction of a deep water ocean outfall would involve a combination of trenching and horizontal directional drilling (HDD), commencing from a point east of the STP immediately behind the fore dunes of the Pambula-Merimbula dunal system and exiting 1 km away at a depth of -20 m beyond the zone of wave influence, before adopting a dredge and lay construction methodology for up to a further 3.5 km offshore to a favoured depth of -40 m.

Social / Cultural

The EIS will assess the social/cultural implications of the effluent management strategy projects.

Economic

The EIS will assess the economic implications of the effluent management strategy projects including the positive economic implications for tourism and aquaculture.

Strategic

The EIS process aligns with Strategic Business Plan objectives.

Consultation

The EIS process will include substantial community and stakeholder consultation.

Financial

The cost of completing the EIS process is expected to be in the order of $500K to be sourced from the new works reserve.

Funding source		Amount
New Works Reserve	$	500,000

Resources (including staff)

Substantial staff and consultant resources have already been devoted to the project. The EIS process will be undertaken by a suitably qualified consultant procured by competitive tender.

Operational Plan

The EIS process supports delivery of assets that meet Operational Plan objectives.

Conclusion

The sustainable management of effluent from Merimbula STP has been recognised by the community and regulators as an unresolved issue for many years. The detailed investigative planning work undertaken in recent times has advanced knowledge of relevant issues considerably. Stakeholder consideration of the available information enabled a thorough assessment of options to be undertaken. Council’s adoption of an effluent management strategy was based on this considered assessment of options. Meetings with State and Federal Government ministers/staff attained acknowledgement of the strategy and suggestions to commence an EIS process to advance projects to a construction ready stage. Completing an EIS and obtaining the necessary approvals will benefit continued efforts to pursue subsidy funding.

ATTACHMENTS

Nil

Recommendation

That an Environmental Impact Statement (EIS) process for Merimbula Effluent Management Strategy be commenced. The Merimbula Effluent Management Strategy projects to be assessed include upgrading Merimbula Sewage Treatment Plant to improve effluent quality, to construct and operate a deep water ocean outfall for the disposal of effluent unable to be reused.

Council 25 June 2014 Item 11.5

11.5. Public Toilet Management Plan

Report prepared to update Council on the public toilet rationalisation program and a review of levels of service following from Council report of 27 February 2013

Group Manager Infrastructure, Waste & Water

Background

At a Council meeting on 27 February 2013 Council resolved, ‘That the public toilets rationalisation and services schedule outlined below be adopted.’ As a result of the resolution five public toilets across the Shire were demolished at a cost of $41,000.00 at the following locations;

- Horseshoe Bay, Bermagui

- Bega Park, Bega

- Yellow Pinch Dam, Yellow Pinch

- George Bass Park, Eden

- Nullica River, Nullica

The following public toilets have been or are in the process of being transferred over to committees or user groups:

- Lawrence Park, Tathra

- Quaama Hall, Quaama

- Town Hall, Pambula

- Town Hall, Tathra

The cleaning regime changes on other public toilets listed in the previous report are as follows:

- Beauty Point, Beauty Point - 3 cleans per week in summer 1 per week in winter

- Pambula Beach, Pambula Beach - 3 cleans per week in summer 1 per week in winter

- Tathra Wharf, Tathra – Include in next Lease – Lessee to clean

As a result of the above mentioned works there has been a reduction of $20,000 from the maintenance and operations budget for public amenities. This is a reduction of $2,000 in maintenance and $18,000 in general operation.

Budget allocation for 2013/14 $657,000

Budget allocation for 2014/15 $637,000 Total reduction of $20,000.

Further works and investigations relating to other public toilets across the Shire have also been undertaken and are provided here for comparison purposes.

Wandella Hall
Investigation into the supply and installation of a compliant fit for use composting toilet facility.

Option 1 – Cost $33,273, supply only
1 disabled
Option 2 – Cost $39,329, supply only
1 disabled, 1 standard
Installation $15,000 (approx. for both options)

Short Point renewal - $41,400
4 disabled
This involved dismantling the entire structure, regalvanising the frames and rebuilding the facility, internal fittings remained.

Cobargo Toilet improvements - $65,000
Attaching a disabled toilet onto existing toilet structure.

Wolumla Toilet new capital supply and installed - $35,000
1 disabled, plus a septic pod

Littleton Gardens, Bega replacement capital supply and installed - $200,000
1 disabled
2 standard
this is a fully automated facility

Old Racecourse, Bega (flood damage) $34,000 for 12 toilets

Town Hall, Quaama
The facility as a whole is of poor condition and requires improvements works. Options that are available are:

- Upgrade the Onsite Sewer Management System (OSSM) estimated cost $15,000. This is part of an ongoing OSSM upgrade/improvement program. Many of the Shires public toilets have had OSSM upgrades as a result of inspections undertaken by Health and Building staff and with their assistance appropriate treatments have been implemented. This work is seen as urgent.

- Attach a disabled facility onto existing public toilet, similar to Cobargo.

- Replace entire facility ensuring that the facility meets the required standards and is fit for use by the Town Hall and adjacent Memorial Park.

Once the works are complete at the Quaama Town Hall Toilet, the existing toilet block, or standard units, shall be devolved to the Hall committee for care and control in accordance with Council report of the 27 February 2013.

Based on examples above and investigation with suppliers the standard 2014 BVSC toilet design options could be modified and adopted as follows:

Supply and delivery of a prefabricated toilet, comprising 2 unisex disabled units at a cost of $35,000. Plus site preparation and installation depending on conditions and services in the range of $25,000 - $45,000. Exterior options are typically Colourbond type steel but could include weatherboard or masonary.

Asset

A Facility Management Plan addressing the asset management requirements for public toilets within the Bega Valley Shire has been produced. This is a subordinate document to the Asset Management Plan. This document is to be used as a guide for the infrastructure asset management of public toilets.

The purpose of the plan is to:

- Detail the BVSC current Public Toilet Assets Base, including age, condition, value, renewal / replacement date and cost

- Detail the operations and maintenance standards for public toilets within the Shire

- Detail the design criteria for public toilets within the Shire

- Propose the Renewal Works Programme for the Public Toilet Asset Base

- Inform the Community

When comparing the previous report there has been a reduction in the predicted replacement costs for public toilets. This is due to replacement toilets being smaller in size and made from cheaper, appropriate building materials, with a more consistent design approach throughout the Shire.

The lower level of service will also have a reduced life cycle cost for public toilets with one refurbishment at midlife and replacement after 30 years estimated at total capital costs of $200,000 over 60 years. Compared to existing level of service with a 60 year life and a higher construction cost ($200,000), 3 refurbishments ($30,000 each) over the life of the facility, cost is $290,000 over 60 years. These costs do not include maintenance and operation of which there is also an ongoing annual cost of around $10,000 to $15,000 per amenities block.

The shorter life of a facility allows for each facility to be more modern, easier to clean and maintain as well as more able to meet requirements for changes in standards regarding Building Codes and Design / Accessibility Standards.

Revised Public Toilet Renewals Programme, 2014

Toilet Name	2013 Plan	2014 Plan
Horseshoe Bay, Bermagui	Rationalise 2013	Complete
Wallaga Lake, Wallaga Lake	Rationalise 2018/19	Renew as required
Bruce Steer, Bermagui	Rationalise 2018/19	Renew 2014/15
Princes Highway, Cobargo	Rationalise as required	Renew as required

Bega Park, Bega	Rationalise 2013	Complete
Church Street, Bega	Rationalise as required	Rationalise as required
Jim Preo Reserve, Mogareeka	Rationalise 2018/19	Renew as required

Yellow Pinch, Yellow Pinch	Rationalise 2013	Complete
Pambula River Mouth	Rationalise 2017/18	Renew 2014/15
Mitches Jetty, Merimbula	Rationalise 2019/20	Renew as required

Nullica River, Eden	Rationalise 2013	Complete
George Bass Park, Eden	Rationalise 2013	Complete
Memorial Park, Eden	Rationalise 2019/20	Renew as required

Resources (including staff)

Through the further assessment of toilet amenities, it is believed that the review of toilets should not necessarily focus on how many public toilets there are but more the size and purpose of those individual amenities. It can be argued that the majority of our public toilets can be a single disabled unit which would also have the circulation space for baby change facilities and a clothes hook at beach locations for people who wish to use a change room. The installation of a replacement toilet block would be estimated to cost up to $80,000, this may be less depending on whether water and sewer servicing is in place and required site preparation.

The operations, maintenance and renewals of these facilities would also be greatly reduced due to size and easier cleaning of internal fittings. Rehabilitation costs are predicted to be up to $30,000, depending on the size and location of each facility.

Operational Plan

Public amenities should have an ongoing allocation of renewals funding based on the current asset base of:

Capital Replacements 1 per year $80,000 (depending on location and size)

Capital Rehabilitation 2 per year @ $30,000 each = $60,000

Total capital budget of $140,000 per year which is within the Long Term Financial Plan.

Maintenance and operations remain as outlined in Long Term Financial Plan.

Conclusion

Based on the whole of life costs outlined in this report the operation and renewal of public amenities can be sustained within the current asset inventory and organisational framework if a lower level of service is adopted. That is, facilities that are due for renewal, be replaced with smaller, prefabricated units which have a shorter operational life but lower life cycle cost. The table showing the revised renewals program illustrates what is an affordable level of service for Council’s public toilets throughout the Shire.

ATTACHMENTS

Nil

Recommendation

1. That the content of this report be noted.

2. That Council endorses the public toilets renewals programme outlined in this report, based on the revised whole of life costs illustrated.

Council 25 June 2014 Item 11.7

11.7. Design & Construct for the Bega Maher Street Depot - Tender 16/14

This report details the outcomes of evaluation of Tender 16/14 for the design and construct of Bega Maher Street Depot and recommends award to the preferred tender.

Group Manager Infrastructure, Waste & Water

Background

The redevelopment of the Bega Works Depot is a project that is has been programed for a number of years. Stage 1 of the redevelopment involves the demolition of existing offices, disused sheds and small toilet and construction of replacement sheds and an amenities building which includes toilets, training room, meal room and the emergency management control centre.

Stage 1 has been divided into 3 parts namely (1) the demolition of existing, (2) earthworks, drainage and replacement sheds and (3) construction of amenities building.

Part 1 for the demolition works was via quotation and has been awarded and is due to start on the 10^th June 2014.

Part 2, is the subject of this report and includes civil works and construction of the Bega Town Team and Bega Mowing Shed/Workshop. Currently the Bega Mowing Team operates out of small sheds located at the Bega Recreation Ground on Bega Street and the Bega Town Team operates out of the rear of the Council workshop and store at the Bega Depot. The works will allow the Bega Mowing Team to relocate back to the Bega Depot site, whilst providing both teams with shed/workshop that meets Australian Standards and Regulations to operate more effectively and efficiently from.

Council invited tenders from suitably qualified contractors to design and construct the Maher Street Depot at Lot 5-8 DP799742 Maher Street, Bega. Tenders were advertised in local media on the 13^th May 2014, and in the Sydney Morning Herald on the 20^th and 27^th of May 2014. At the close on the 4^th June 2014 at 12:00pm, 23 documents were issued, with 8 submissions received from the following:

· Castlereagh Construction Group Pty Ltd

· David Lesser Building Pty Ltd

· GJ & C Clarke Building Pty Ltd T/As Green Homes Australia Sapphire

· Grant Dowdle Building Pty Ltd

· Mosman Constructions Pty Ltd

· Project Coordination (Australia) Pty Ltd

· RD Miller Pty Ltd

· Zauner Construction Pty Ltd

Applicants were asked to provide:-

· Lump sum price breakdown of the works

· Schedule of Tenderer’s Project Experience

· Schedule of Key Contact Staff

· Schedule of Consultants, Subcontractors & Major Suppliers

· Schedule of Tender Program

· Schedule of Work Health and Safety

· Schedule of Tenderer’s Current Workload

The tender submissions were assessed against the following evaluation criteria:

Criteria	Weighting
Price	60%
Project Experience	30%
Project Functionality	10%
WH&S	Compliant/ Non-Compliant
Total	100%

ISSUES

Legal

Development Consent was granted by the Bega Valley Shire Council under Clause 2.3 of the Bega Valley Local Environmental Plan 2013 subject to conditions.

The tender process complied with the Local Government Act 1993.

Environmental

A Statement of Environmental Effects was completed to assess any environmental impacts likely to be associated with construction of the Bega Works Depot Site.

Asset

Lot 5-8 DP799742, Maher Street Bega, the site of the Bega Works Depot, is Council owned land.

Consultation

Council has consulted with local residents through the development application process. The issues raised by the residents were as follows;

· Traffic Increase

· Non – Compliance of Road Rules

· Alternative Access to the Depot Site

· Noise, Early Starts, Dust and Emissions

These issues were all satisfactorily addressed and the development consent was granted.

Financial

This project is funded under the budget for Council Depot Renewals.

Funding source		Amount
Council Depot Infrastructure Renewals	$	1,350,000

Resources (including staff)

Council engineering staff will manage this project.

Conclusion

The civil works and construction of the works depot sheds is essential works required for the redevelopment of the Bega Maher Street Depot. The preferred tenderer is a local builder who has completed various works for Council in an effective and satisfactory manner.

Council recommends that the preferred tenderer be accepted as they have been assessed as providing the best overall value to Council.

ATTACHMENTS

1 . RFT 16/14 Design & Construction for Bega Maher Street Depot (Confidential)

Recommendation

1. That Council accept the tender from <insert> in relation to contract for the works described in Tender 16/14, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

Council 25 June 2014 Item 12.1

12.1. Candelo Town Hall Cafe Lease

Council approval is sought to enter into a new lease for the occupation of the Candelo Town Hall Café building.

Business and Technology Manager

Background

The Candelo Town Hall Café is a Council managed Crown asset located within the Candelo (R.180039) Reserve at Candelo. The Reserve classification allows passive or active public recreation pursuits which compliment, or are considered ancillary to the operation of the Candelo Town Hall.

Due to a breach of lease terms, the previous tenant was issued with a notice to quit and vacated the property on 13 December 2013. The Candelo Town Hall Committee are actively involved in overseeing the maintenance of the Café and with the assistance of Council staff have taken the opportunity whilst vacant, to carry out repairs and refurbishment works to the inside of the Café prior to it being re-let.

Crown Lands require Council (as Reserve Trust Manager) to undertake a public Expression of Interest (EOI) process seeking applications from prospective tenants to occupy the building. Accordingly, advertisements appeared in all local papers between 27 February 2014 and 11 April 2014. Although there was a significant level of interest and several on-site inspections of the building, only one formal submission was received by the closing date. A copy of that submission has been provided to Councillors separately.

The equipment and fittings within the kitchen area of the café were ageing and various items no longer complied with current health and OH&S standards. It was agreed between Council staff and members of the Hall Committee that the kitchen be offered as an empty space, with the incoming tenant responsible for the fit-out as required. This will require a substantial capital outlay by the incoming tenant and may have prevented other parties who showed an interest from submitting an EOI. It is however considered a better approach, as the tenant will be responsible for maintaining and/or replacing their own equipment, furniture and fittings during the tenancy and not be a financial strain on Hall Committee funds.

ISSUES

Legal

A retail lease agreement will be offered to the applicant if successful, with Crown Lands agreeable to offering longer term tenure in order to provide a level of security to the incoming tenant in lieu of the capital contribution required to fit out the building.

Policy

As the lease is for a commercial purpose, there is no rental rebate available to the tenant under Council’s Rental Assessment and Rebate procedure.

Asset

The Town Hall Café is a Council managed Crown asset which is managed on behalf of the Council by the Candelo Town Hall Committee. All lease fees collected by Council for the occupation of the Café are used to assist with ongoing maintenance of the Candelo Town Hall.

Over the past five months, the Hall Committee have attended to cleaning of all walls, removal of overhead cupboards and the grinding and resealing of the concrete floor in the dining area of the Café. Council’s Environmental Health staff have also advised that the ceiling in the kitchen area will need to be lowered and power points repositioned in order to comply with food safety standards. These works will be done by the Council/Hall Committee in consultation with the incoming tenant and at the most suitable time in the kitchen fit-out process.

Social / Cultural

The Café is an important part of the Candelo streetscape and the only eatery within the town that is not contained within a Licensed premise. The applicant has detailed a business model that will cater well to the local community and passers through, providing both eat in or take away options, with an emphasis on wholesome, fresh food and coffee.

Consultation

NSW Crown Lands staff have been consulted regarding the future occupation of the building and have provided their in principle support to the new agreement, pending Council approval.

Council staff have also met with the applicant to discuss his submission in detail and any issues or concerns raised by the Candelo Town Hall Committee.

Financial

A market rental assessment of the Café was carried out by Opteon Property in February 2012 which provided a market rental range of between $5,000 - $7,000 per annum. The previous tenant had a commencement rental of $5,000 with the provision for an annual increase by CPI. It is suggested that in lieu of the capital investment required by the incoming tenant, the commencing rental amount of $5,000 per annum be retained. It is also suggested that the tenant be given a rent free period of three months during the construction and fit-out phase of the new venture. Crown Lands and Candelo Town Hall Committee members have agreed in principle to this idea.

The lease fee would also be adjusted annually by CPI, with a further current market rental valuation to be carried out at the commencement of the third year and every third year thereafter during the term of the lease.

Resources (including staff)

Council staff have conducted the necessary due diligence assessments to confirm that the proposed tenant is financially able to meet all future commitments of the lease.

Ongoing management of the lease during its term will also require staff resources as required.

Conclusion

The continuing operation of the Candelo Town Hall Café is viewed favourably by the residents of Candelo and the members of the Candelo Hall Committee and has been sorely missed by the community since its closure in December last year.

The sole applicant of the recent EOI process does have all the qualifications, skills and experience necessary to operate a café business and would be considered a suitable tenant.

ATTACHMENTS

1. CONFIDENTIAL ATTACHMENT - EOI received for Candelo Town Hall Cafe (Confidential)

Recommendation

1. That Council, as Reserve Trust Manager of the Candelo (R.180039) Reserve, resolve in principle to enter into a five year retail lease with an option for a further five years of the Candelo Town Hall Café with Mr Ross Morgan on the terms proposed, with a commencing lease fee of $5,000 per annum.

2. That Council agree to a rent free period of three months at the commencement of the tenancy to allow the tenant to fit-out the building at his own cost.

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

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

Council 25 June 2014 Item 12.2

12.2. Occupation of Council managed Crown Reserves at Eden by Playability, Eden Childcare Centre & Eden Preschool

Council are the appointed Reserve Trust Manager of three Crown Reserves in Eden which are occupied by various children’s services agencies. Crown Lands have requested that those occupancy arrangements by renewed and/or formalised and Council approval is therefore being sought to enter into new licence agreements.

Business and Technology Manager

Background

Playability Incorporated (formerly Imlay Special Needs Group Inc) has occupied Crown Reserve (R180019) located off Crown Lane at Eden since 1987. The original lease was for a period of 20 years expiring in 2007, however was never endorsed by the Minister for Lands. Negotiations with Playability and Crown Lands staff in Nowra have been ongoing since 2007 regarding their continued occupation of the site and the annual fee payable to do so.

At the time the Playability lease came up for renewal, it became apparent that the tenure arrangements for the childcare centre and preschool located on adjoining reserves also needed to be resolved and formally consented to by the Minister for Lands. Council entered into a lease with the Eden Pre-School Co-Operative Society Incorporated on 1 May 2004 for the occupation of Crown Reserve (R89653) for Kindergarten purposes. Their lease was for a period of 20 years and received endorsement of Minister’s consent, however due to ongoing management committee membership and staffing issues, the group were unable to continue with management of the facility. The Department of Community Services approached Council to take over management of the centre so that operation of this critical service for the Eden community could continue. Council resolved to take over management of the Preschool on 11 November 2008, with the Eden Pre-School Co-Operative formally terminating their lease on 19 December 2008.

Similarly, the Eden Childcare Centre was also operated by a community committee up until 2007. Due to growing responsibilities under employment and occupational health and safety legislation, Council resumed direct management for the service. There is no current formal tenure arrangement in place for the Childcare Centres’ occupation of the Eden Nursery (R180000) Reserve which is also managed by Council.

For Reserve Trusts managed by a local Council, it is important to ensure a separation of Council and Reserve Trust business. A lease and licence must only reflect the business of the Reserve Trust and where a Council occupies a Crown Reserve for which it is also the appointed Reserve Trust Manager, its occupation of that Reserve still needs to be formalised. This can be done by either a direct lease granted by the Minister under Section 34A of the Crown Lands Act or the Reserve Trust entering into a suitable lease/licence with Council which has received the consent of the Minister for Lands. The delay in formalising these occupation arrangements has been directly attributed to this issue and the concurrence of Crown Lands as to the best way forward. The level of rebate available off market rental has also been a major cause for concern and has been the subject of various detailed submissions to Crown Lands in support of all three facilities.

Formal advice has recently been received from Crown Lands in response to those submissions, that they support in-principle direct licence agreements between each of the Reserve Trusts and:-

· Playability Incorporated for a period of 10 years at minimum annual rental;

· Eden Childcare Centre for a period of 10 years at minimum annual rental;

· Eden Preschool for a period of 10 years at minimum annual rental.

This is considered a very successful outcome, as Crown Land Policy classifies each of the above facilities as community service organisations of general benefit to the local community and as such only eligible to receive a 50% rebate off market rental. A market rental valuation obtained for the sites (land value only) provided an annual rental of $14,000 each. With the 50% rebate, each of the Centres would still be required to pay an annual lease fee of $7,000. This fee would have placed additional financial hardship on each of the Centres involved, which are run on a not-for-profit basis and operate purely to provide a valuable, much needed service to the community.

ISSUES

Legal

Crown Lands have suggested that a licence may be the best form of tenure in this instance as Native Title would need to be extinguished in order to establish long term leasing arrangements.

Council staff cannot see any reason why a 10 year licence would not be considered acceptable.

Policy

Council’s Management of Leases and Licenses procedure provides that where a group or organisation has regular use of a facility as supported by a legal agreement, it should contribute to the management and maintenance costs of the property. In lieu of each of the Centres paying the Crown Land minimum annual rental, they are required to maintain their own buildings (both reactive and structural maintenance) as well as the surrounding reserve. There is to be no additional cost to the Reserve Trust arising from their occupation of the Reserves.

Asset

Although each of the services were constructed using both State and Federal grant funding, at the end of any tenure the asset remains the property of the Crown as owner of the Reserve.

One of the major concerns expressed by Crown Lands has been the issue of maintaining the assets during the term of tenure. They want to ensure that the Reserve Trust would not be left with a poorly maintained, decrepit building at the end of the tenancy and did not support a minimum annual lease/licence fee if the Reserve Trust was also going to be responsible for the maintenance of the buildings. Council staff did however emphasize the fact that being children’s service agencies, the facilities were inspected on a regular basis and the appropriate licences to operate would not be re-issued if the buildings were not maintained to an extremely high standard. Council staff have developed Asset Maintenance Schedules which will be annexed to each of the agreements. The maintenance schedule will ensure that major maintenance works are scheduled and appropriately budgeted for as well as provide a reminder to inspect the buildings bi-annually to identify items of wear and tear which will require attention in the future.

The Eden Childcare Centre will be making a large investment in maintenance during the 2014/15 year, with $29,500 worth of painting already budgeted for. Similarly, the Eden Preschool building will also undergo $27,500 worth of painting during next financial year. During the current financial year, the Childcare Centre spent a total of $46,000 on maintenance and repairs, whilst the Preschool’s expenditure on these items totalled $40,000 for the twelve month period.

Playability’s annual expenditure to maintain their building over the years has also been in the order of $44,000 per annum.

Social / Cultural

Playability are a not-for-profit charitable organisation who deliver a critical service to the community by providing early intervention services for children with a disability or developmental delay, as well as children from vulnerable and disadvantaged families and communities.

The Eden Childcare Centre and Eden Preschool provide a much needed and well-utilised service to those from low socio-economic backgrounds, priority access for children at risk or harm, indigenous children, children from culturally and linguistically diverse backgrounds and children with disabilities.

All three organisations provide quality services to some of the most vulnerable people within the community, and do so on an extremely tight budget. Any significant increase in their operational costs would seriously impact their capacity to deliver much needed services.

Consultation

Consultation with Crown Lands and each of the service providers has been ongoing since 2007 to establish the most suitable tenure arrangements going forward that are considered acceptable to all parties concerned.

Financial

The Crown Lands minimum annual rental fee is currently set at $456 (excluding GST). Each agreement will yield $456 annually to the Reserve Trust, with no financial imposition on Council’s general fund to assist with the maintenance or running costs of the centres.

Licence documentation will be prepared in-house and therefore no legal fees will be incurred in establishing the new agreements.

Resources (including staff)

Considerable staff time has been required over the past five years to liaise with Crown Lands staff and each of the service providers and prepare submissions in support of the rebates requested.

Staff time will also be required for the on-going management of the licenses during their term.

Conclusion

Playability Incorporated, Eden Childcare Centre and Eden Preschool provide essential and extremely well utilised services to the most vulnerable and disadvantaged families within the community. Council’s Social Plan and more recently the Community Strategic Plan have consistently identified early intervention services as a key issue within the Shire and recognise the excellent work, opportunities and support that all three of these services provide to the broader community. For this reason, Council staff fully support their continued occupation of the Council managed Crown Reserves at statutory minimum annual rental.

ATTACHMENTS

1. Maintenance Schedule - to be annexed to licence agreements

Recommendation

1. That Council, on behalf of the Eden (R180019) Reserve Trust, approve a 10 year licence to Playability Incorporated at statutory minimum annual rental.

2. That Council, on behalf of the Eden Nursery (R180000) Reserve Trust, approve a 10 year licence to Eden Childcare Centre at statutory minimum annual rental.

3. That Council, on behalf of the Eden Kindergarten (R89653) Reserve Trust, approve a 10 year licence to Eden Preschool at statutory minimum annual rental.

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

5. Those in accordance with the Crown Lands Act 1989, Council obtain Minister’s consent to the licence agreements.

Council 25 June 2014 Item 12.4

12.4. Applications for Financial Assistance (Section 356)

Council has received Applications for Financial Assistance under Section 356 which are required to be resolved by Council following the adoption of the 2014/2015 Budget.

General Manager

Background

Providing support to community groups to work to achieve outcomes for the local community is a key priority for the Council to achieve the objectives of the adopted community strategic plan. By supporting local volunteer groups and organisations there can be greater achievement and value added to outcomes.

Over many years the support for various groups has grown and it is timely to consolidate the framework and improve Council’s management of this process. By doing this Council can more comprehensively report to the community on its support of community activity.

Overview

Council provides support to a wide range to community organisations. These include:

· South East Arts - $20,500.00 via an annual service level agreement. The agreement and reporting of this is reported separately to Council.

· Sapphire Coast Tourism - $274,494.00 via a funding agreement and linked to a special variation. The agreement and reporting of this is reported separately to Council.

· Mumbulla Foundation - $30,000 via a Memorandum of Understanding. The agreement and reporting of this is reported separately to Council.

Council also runs several specific topic funding programs. Provision of financial assistance is available to promote services to assist Seniors, Youth and Tertiary Scholarships through our Community Services programs to the value of $36,000.00.

The 2014 -15 Community Environment Grants Program provides assistance towards projects targeted at enhancing our local environment to the value $40,000.00.

Council also operates a financial assistance process which is the focus of this report.

Applications for Financial Assistance Process

Council can financially assist others under Section 356 of the Local Government Act 1993. The Draft Budget indicates a total of $242,000.00 available for Section 356 Financial Assistance.

A Media Release was distributed on Friday 31 January 2014 advising an annual call for funding was available in this program.

Eleven applications were received.

Applicants have been advised that: “the outcome of their application will be resolved by Council following the adoption of the 2014/2015 Budget, expected in late June 2014.”

To resolve the eleven current applications prior to 30 June 2014, three independent staff members, recommended by the General Manager, assessed the applications firstly as individuals and then met as a panel to conclude recommendations together. A summary of the assessment has been separately circulated to Councillors.

Procedure

To better improve the process for management of the applications received under this Section 356 allocation, amendments have been made to the current procedure. The revised procedure will be implemented and effective from 1 July 2014.

ISSUES

Legal

The allocations of the funds requested are able to be distributed in accordance with Section 356 of Local Government Act 1993.

Policy

The policy “5.15 Requests for Assistance” is current and will not change.

Scope:

“This policy and procedure manual encompasses the processes implemented to facilitate and manage requests for assistance by members of the public, financial and non-financial, programmed and unprogrammed across all sections of Council.”

Purpose:

“To ensure that community access to BVSC assistance is consistent, transparent and subject to common assessment criteria”

and

“To assist and support positive community outcomes and participation within resource limitations”

A revised procedure for application, assessment and advice of applications received under section 356 meets the scope and the purpose of the policy.

The revised procedure has been amended and will be effective from 1 July 2014.

Financial

Allocation in the 2014/2015 budget for Section 356 is as follows:

Funding source		Amount
Governance and Executive – operating costs – donations	$	242,000.00

Estimated distribution of $242,000.00 for Section 356 funds for 2014/2015

Funds – Already Committed for 2014/2015

Council have already committed to allocating the following funds in 2014/2015 by way of resolution throughout 2013/14:

Sculpture on the Edge Acquisitive (purchase) prize second of three year commitment	10,000.00
Far South Coast & Great War Project (Bega Valley Historical Project) one off commitment	5,000.00
Australia Day expenses (average costs)	10,000.00
Annual school awards donations (average @ $100 each school)	1,000.00
SERAS annual donation	13,303.60
TOTAL	39,303.60

This reduces the amount of funding available for financial assistance:

Funding source		Amount
Governance and Executive – operating costs – donations	$	242,000.00
Less funds already committed for 2014/2015	$	-39,303.60
	$	202,696.40

Based on history, it is expected the distribution of the remaining $202,696.40 funds be as follows:

General Manager Approvals up to the value of $1500.00 include:

· Reimbursement or donations to offset Council fees such as:

o hall / sportsground hire and

o cemetery fees

o rates and DA fees

· Sponsorship for state and/or national Sport/Cultural representation

All requests over $1500.00 must be reported to Council.

The Community Partnership Fund is available for individuals and organisations who are seeking assistance to:

o Establish / improve infrastructure/facilities on community land

o Contribute to Community Events that generate specific economic benefit

· Capped at $2,000.00 (plus in Kind Works/Services)

· Acquittal Process for applications over $2,000.00

Resources (including staff)

The current resourcing required for management of the application process is justified in the position descriptions of those staff responsible.

It is expected that once the revised procedure is operational and fully implemented, that this will in fact save time and resources.

Conclusion

It is appropriate for Council to provide financial assistance to assist and support positive community outcomes.

Current applications for financial assistance are required to be resolved prior to the implementation of the revised procedure, and following the adoption of the 2014/2015 budget.

Amendments to the procedure will ensure the continued consistent and transparent approach to processing applications.

Applications received from 1 July 2014 onwards will be resolved by Council quarterly.

ATTACHMENTS

1. Applications for financial assistance - details and staff recommendations (Confidential)

Recommendation

1. That Council support the following projects at the nominated level of support (insert)

2. That all successful applicants be advised accordingly

3. That all unsuccessful applicants be contacted and afforded the opportunity to apply again under the revised procedure

Council 25 June 2014 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 May 2014.

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 5.07. This policy is reviewed every 4 years by Council and annually by Council staff.

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 $50,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	March 2014	April 2014	May 2014
General Fund	$28,090,726	$22,090,726	$26,090,726
Water Fund	$13,022,303	$13,022,303	$13,022,303
Sewer Fund	$10,886,971	$10,886,971	$10,886,971

In addition there is $6,066,940.80 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	Total ‘000
General Fund	$9,800	$18,196	-$2,154	$25,842
Water Fund	$4,228	$8,794	$1,617	$14,639
Sewer Fund	$1,945	$8,942	$3,908	$14,795

The restrictions reported in Table 2 relate to 30^th of June 2013.

Council formally calculates its restrictions as at 30^th of June each year. These restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between 1^st of July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

ATTACHMENTS

1. 2014.06.25 Investment Report May 2014

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 25 June 2014 Item 12.6

12.6. Adoption of 2014-15 Operation Plan, Budget, Fees and Charges

The Council’s Integrated Planning and Reporting framework document, which includes Operational Plan, Operational Budget and Fees and Charges have been on public exhibition for the required period of 28 days.

Business and Technology Manager

Background

All councils in NSW are required to develop long term, medium term and short term plans under the Local Government Amendment (Planning and Reporting) Act 2009 which has transitioned councils to a new Integrated Planning and Reporting (IPR) framework.

Council has considered several reports since the Council elections in September 2012 outlining the approach to the Community Strategic Plan (CSP) and enacting the Long Term Financial Plan (LTFP).

At its meeting on 7 of May 2014 Council resolved to place the following documents on public exhibition for 28 days covering the period 8 May –5 June 2014:

§ Draft Delivery Plan and Operational Plan 2014-15 including the Revenue Policy 2014-15.

§ Draft Operating Budget 2014 – 15

§ Draft Fees and Charges 2014 - 15

SUBMISSIONS

The following outlines the purpose of each document and submissions received.

Draft Operational Plan 2014-15

The draft 2014-15 details the actions and projects to undertaken to achieve the directions set in the Community Strategic Plan, with half yearly or annual reporting to Council on progress and performance.

There were no submissions received on the Draft Operational Plan.

Revenue Policy 2014-15

In conjunction with the adoption of the Operational Plan for the 2014-15 financial year, Council is required to ‘make’ the Rates and Charges proposed in the Statement of Revenue Policy. The draft Revenue Policy sets the Rates and Charges for 2014-15 as:

a) General Fund

(i) General Rates

· to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0038747 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 and;

· to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0038747 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 516 of the Local Government Act 1993 and;

· to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0069834 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 516 of the Local Government Act 1993 and;

· to make a Base rate of $442.00 on each rateable parcel of land and an ad-valorum rate of 0.0069834 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 516 of the Local Government Act 1993 and;

(ii) Stormwater Charge

· to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

· to make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

· to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

· to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

· to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993 and;

· to make a minimum stormwater charge of $12.50 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the Local Government Act 1993.

(iii) Domestic Waste and Recycling Collection Charge

· to make an annual Domestic Waste Collection charge of $393.00 per annum to provide a once-weekly 140-litre domestic waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment, for all properties categorised as residential and farmland in accordance with Sections 496 and 505 of the Local Government Act 1993 and where those properties are located within Council’s waste collection area. The service charge will be levied on:

§ each residential dwelling or;

§ in the case of multi-unit complexes each residential unit in a multiple unit complex.

· to make, if further capacity is required, upon request, a second waste service, with an additional charge of $204.50 per annum and for a second recycle service with an additional charge of $107.50.

· to make a waste availability charge of $79.50 to be levied on all vacant land where those properties are located within Council’s waste collection area.

(iv) Domestic Garden Organics Collection Charge

· to make an annual Domestic Garden Organics Collection charge of $54.00 per annum for the monthly 240 litre domestic garden organics collection service for properties categorised as residential in accordance with Section 516 of the Local Government Act 1993 and where those properties are located within Council's waste collection area for urban areas and villages. The service charge will be levied on:

§ each residential dwelling or;

§ in the case of multi-unit complexes each residential unit within a multi-unit complex.

(v) Commercial Waste Collection Charge

· to make an annual Commercial Collection charge of $540.50 which meets the costs of the once-weekly 240-litre commercial waste collection and once-fortnightly 240 litre recycling service and the associated waste disposal or treatment. In the serviced areas, each service entitles the user to a once weekly kerbside collection service from one 240-litre mobile garbage bin (being General Waste and Recycling) on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

· to make, if further capacity is required, upon request, a second waste service, with an additional charge of $226.50 per annum and for a second recycle service with an additional charge of $160.00.

(vi) Commercial Garden Organics Collection Charge

· to make an annual Commercial Garden Organics Collection charge of $54.00 per annum for the monthly 240 litre commercial garden organics collection where requested. In the serviced areas, each service entitles the user to a monthly kerbside collection service from one 240-litre mobile garbage bin on the specified collection day. Collections will only be conducted from the Council supplied mobile garbage bin.

b) Water Supply Fund

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

(i) Water Supply Charges

· to make a charge by measure in the amount $2.50 per kilolitre for all water supplied by Council within or without of its area pursuant to section 502 of the Local Government Act 1993.

· to make an annual Access Charge for each connection to Council's water supply at a charge determined according to the size of such connection as set out in the following schedule:

Particulars	Volume factor	Access charge	Charge per Kl $
20mm Water Connection	1.00	$198.00	$2.50
25mm Water Connection	1.56	$308.88	$2.50
32mm Water Connection	2.56	$506.88	$2.50
40mm Water Connection	4.00	$792.00	$2.50
50mm Water Connection	6.25	$1,237.50	$2.50
65mm Water Connection	10.56	$2,090.88	$2.50
80mm Water Connection	16.00	$3,168.00	$2.50
100mm Water Connection	25.00	$4,950.00	$2.50
150mm Water Connection	56.25	$11,137.50	$2.50
200mm Water Connection	100.00	$19,800.00	$2.50
Strata Title Units (per unit)	1.00	$198.00	$2.50
Unconnected properties which are able to connect (ie vacant land)		$198.00

· to make an annual Access Charge of $198.00 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council;

· that subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.50 per kilolitre;

c) Sewerage Local Fund

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

(i) Sewerage Service Charges

· to make a flat sewerage service charge of $1,109.00 for all residential and farmland properties except residential strata and residential non strata properties connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the Local Government Act 1993;

· to make a flat sewerage service charge of $1,109.00 for each residential strata unit connected to the Council's sewerage service network and categorised as residential in accordance with Sections 516 of the Local Government Act 1993;

· to make a flat sewerage service charge $1,109.00 for each residential non-strata unit connected to the Council's sewerage service network categorised as residential in accordance with Sections 516 of the Local Government Act 1993;

· to make a flat sewerage service charge $554.50 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the Local Government Act 1993 that are not connected and able to connect to the Council's sewerage service network.

· to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 516 and 517 of the Local Government Act 1993, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $3.69 per kilolitre;

· to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 516 and 517 of the Local Government Act 1993, calculated on the combination of a flat charge of $1,109.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below

· to make a flat sewerage service charge $554.50 for all properties categorised as business or mining in accordance with Sections 515 and 516 of the Local Government Act 1993 that are not connected and able to connect to the Council's sewerage service network.

· Council notes that the discharge bands have been determined by the NSW Office of Water in its best practice guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

DISCHARGE FACTORS
Discharger	BVSC proposed
B&B	75
Bakery	95
Boarding house or Hostel	90
Butcher	95
Café/Bistro/Cakes/Patisserie	95
Car Detailing	95
Car Wash - hand wash only	75
Car Wash (Robo, clean & go, gerni type)	95
Caravan Park	75
Charcoal Chicken	95
Chicken/Poultry Shop	95
Churches	95
Club (e.g. bowling, golf, racing)	50
Club (e.g. RSL, surf club)	95
Commercial swimming pool	85
Community properties (halls)	95
Community properties (reserves, sporting facilities, etc)	51
Concrete batching plant	10
Craft/stonemason	95
Day Care Centre’s / Pre-schools	95
Delicatessen, mixed business	95
Dental Surgery	95
Depot ( bus, courier, truck, taxi, fuel)	95
Factory/Industry/Warehouse	95
Food processing	90
Fresh Fish Shop	95
Funeral parlor	95
General retail / services	95
Government department	95
Hairdresser / Beauty salon	95
Hospital	95
Hotel	100
Joinery	95
Laundry	95
Marina	90
Mechanical workshop	95
Mechanical workshop w/ car yard	85
Medical practice (incl. physio, herbal medicine, etc)	95
Motel	90
Multi-premise commercial (strata plan, dual occupancy)	95
Nursery	70
Nursing home	90
Office Building	95
Optical Service	95
Panel beating/spray painting	95
Printer	95
Radiator repairer	90
Restaurant (including cafes, canteens, bistros)	95
Schools (Primary)	95
Schools (Secondary)	95
Schools (TAFE, University, etc)	95
Seafood processing	90
Self Storage	90
Service station	90
Shopping centre	85
Supermarket	95
Take away food	95
Veterinary practice, Kennels or Animal wash	80
Wreckers	90

Volume Factor – Sewer

VOLUME FACTORS
Meter size	Factor	Availability charge per year
20mm	1.00	$1,109.00
25mm	1.56	$1,730.04
32mm	2.56	$2,839.04
40mm	4.00	$4,436.00
50mm	6.25	$6,931.25
65mm	10.56	$11,711.04
80mm	16.00	$17,744.00
100mm	25.00	$27,725.00
150mm	56.25	$62,381.25
200mm	100.00	$110,900.00

Liquid Trade Waste

Pursuant to Section 501 of the Local Government Act 1993 Council hereby resolves:

· to make an application fee of $358.00 for new applications and $274.00 for change of use applications.

· to make an annual inspection fee of $121.00 per inspection and $58.00 for re-inspections.

· to make a Liquid Trade Waste usage charge of one dollar ($1.00) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

Band	Discharge factor
1	0%
2	0%
3	10%
4	20%
5	30%
6	50%
7	60%
8	80%
9	90%
2S	% N/A

d) Exemptions – General Rates, Water & Sewer Access Charges

Council hereby resolves that in accordance with the provisions of Sections 555 to 558 of the Local Government Act 1993 the following exemptions must be applied:

Crown Land (general rates, water and sewer access charges) All Crown Land that is not being held under a lease for private purposes.

National Parks (general rates, water and sewer access charges) National parks, historic sites, nature reserves, state game reserves or conservation reserves whether or not the land is affected by a lease, licence, occupancy or use.

Conservation Agreements (general rates only, not water and sewer) Land that is a subject of a conservation agreement, any rate levied on that whole parcel of land is to be reduced by the percentage of the land in which the conservation agreement covers.

Churches or places of public worship (general rates, water and sewer access charges) Churches or places or public worship, minister’s residence, places used for religious teaching or training, and official head or assistance official head of any religious body in the State or in any diocese within the State

Schools (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with a school, school playground or residence occupied by a teacher, employee or caretaker of the school, as defined by the Education Act 1990.

Government Departments, Council, or Emergency Service (general rates, water and sewer access charges) Land that belongs to and is occupied and used in connection with an emergency service or Government department, Council or an emergency service or Government department or Council office or residence provided that it is not commercially leased. This includes Police Stations and residences, Ambulances Stations and residences, Fire Stations and Government offices.

Aboriginal Land Council (general rates only, not water and sewer) Land that is culturally sensitive vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council under Section 43 of Aboriginal Land Rights Act 1983 exempts Local Aboriginal Land Councils from the payment of rates and charges to Local Government Authorities and water supply authorities on certain types of lands.

The types of lands which may be exempt from rates include:

· Land listed in Schedule 1 of the Aboriginal Land Rights Regulation 2002

· Land that is not being used for a commercial or residential purpose (vacant land); and

· Land not being used for a residential purpose and declared by the LALC to be of cultural or spiritual significance.

If land is either listed in Schedule 1 or is vacant land, it is automatically exempt from rate exemptions.

To obtain a rates exemption for land not being used for a residential purpose but is declared by the Local Aboriginal Land Council to be of cultural or spiritual significance (this could include land being used for a commercial purpose such as a cultural centre or museum), the Minister must approve the resolution and list the land in Schedule 1 of the Aboriginal Land Rights Regulation.

Land below a high water mark (general rates only, not water and sewer) Land that is below high water mark and is used for any aquaculture relating to the cultivation of oysters (Detailed in the Fisheries Management Act 1994).

Public places (general rates only, not water and sewer) Land that is a public place.

Public cemetery (general rates only, not water and sewer) Land used for a public cemetery and vested in the Crown, a public body or trustees.

Public library (general rates only, not water and sewer) Land used solely for a free public library and vested in the Crown, a public body or trustees.

Public hospitals (general rates, water and sewer access charges) Land that belongs to a Public Hospital.

Area Health Service (general rates only, not water and sewer) Land that is vested in an area health service.

Non-profit community organisations (general rates, water and sewer access charges) Council elects that upon application by registered non-profit community organisations and sporting ovals controlled by non-profit community organisations, Council will waiver all water access charges. The organisations will be assessed by Council on the following criteria:

· Must be a registered non-profit community organisation.

· Property has to be owned by and used for the purpose defined in the organisation’s charter (unless the tenant can demonstrate that they have taken on the burden of ownership as part of the tenancy agreement)

· Must be solely operated and/or managed by volunteers.

· Must be open to all members of the public (or all members of the public that fall into specified sections of the community as recognised in the organisation’s charter)

In relation to aged care facilities:

They must fall into the categories of either high level care (nursing home) or low level care (hostel) accommodation. The exemption does not extend to self-care units for people that are living independently, as you would in your own home, in a retirement village or aged care complex.

Where the self-care units are part of an ageing in place facility, Council will negotiate the level of exemption with the organisation based on the proportion of residents in the self-care section of the facility.

e) Pension Claim

In accordance with Section 575 of the Local Government Act 1993, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

f) Interest on Overdue Rates and Charges

Council hereby resolves that in accordance with the provisions of Section 566(3) of the Local Government Act 1993 the interest rate to apply to all outstanding rates and charges for the period 1 July 2014 to 30 June 2015 be calculated at 8.5% per annum being the maximum interest rate allowable under the provisions of the Local Government Act 1993 as advised by the Office of Local Government in its circular numbered 14-06 dated March 21, 2014.

Draft Operating Budget 2014-15

Councils draft operating budget takes the 2015 allocation from the Long Term Financial Plan and breaks it down into a detailed operating budget for the various functions of Council. The draft budget for 2014-15 is in line with the Long Term Financial Plan.

Councils operating budget includes operating and capital expenditure totalling $134.7m for 2015. A large portion of this expenditure is retained within the community through the payment of wages and to local suppliers.

The operating budget includes allocations for projects and services such as:

· $7.3m for the renewal of Councils roads

· $2.5m for Community Services

· $1.06m for Fire and Emergency Services

· $1.8m for Cultural Services (library and gallery)

A number of other projects are included in the budget for a total capital expenditure vote of $22.9m for 2015.

Requests were also received by Council relating to two projects identified by the community for Council consideration in the 2014-15 budget which were highlighted in the repot to Council on 7 May 2014:

· A request from Eden Cove residents to amend the LTFP to bring forward funding for Government Road and to identify funding for the Lake Curalo boardwalk and other works in the Estate.

· Sapphire Coast Tourism Ltd (SCT) requested an additional funding allocation of $75,000 above the already budgeted allocation for 2014-15 to assist them with the promotion of the Shire to attract visitors to the region which will include a focus on digital media opportunities.

There were a total of six submissions received in relation to Councils draft 2014-15 budget. These have been summarised in the attachment.

ISSUES

Legal

Council is required to publicly exhibit the annual Operational Plan including Revenue Policy, Annual Operational Budget and Fees and Charges as part of the Council’s integrated planning and reporting framework. This has been done as required.

Strategic

The documents when adopted will guide the Council’s operations under the integrated planning and reporting framework.

Consultation

Annual requirements have been met including hosting of all material on website for 28 calendar days, availability of printed materials in all Shire library locations and Council administration centre, and public notice in local papers. In addition, Council hosted a ‘Listening Post’ at the Bega SCPA markets, Friday May 23 with all material available. Council also met with the Bega Valley Shire Residents and Ratepayers Association on the draft budget.

Conclusion

Council has placed all plans within the Integrated Planning and Reporting framework on public exhibition for the required period of 28 days. The Draft Budget has been drawn from the Long Term Financial Plan..

ATTACHMENTS

1. Summary of submissions - IPR

Recommendation

1. That the Draft Operational Plan, including the Revenue Policy be adopted.

2. Council makes the Rates and Charges for the 2015 financial year as per the Draft Operational Plan and included in this report.

3. That the Draft Fees and Charges with internal amendments be adopted.

4. That Council resolve its level of support for community budget requests in relation to the Draft Operating Budget:

· Request to amend the LTFP to bring forward funding for Government Road and to identify funding for the Lake Curalo boardwalk and other works in the Estate.

· Request for an additional funding allocation of $75,000 above the already budgeted value for 2014-15 to assist Sapphire Coast Tourism (SCT) with the promotion of the shire to attract visitors to the region which will include a focus on digital media opportunities.

5. That the Draft Operating Budget be adopted.

Policy title	Local Procurement
Policy No.:	2.09
Department	Business and Technology
Function	Purchasing
Key theme area	Enterprising Place
CSP Position Statement(s)	All
Responsible Officer	General Manager
Version	1
Adopted
Next revision

Reference No.	Title
2.09.1	Purchasing from Local Suppliers

Category	Councillor/Member Annual Fee		Mayor/Chairperson Additional Fee*
	Minimum	Maximum	Minimum	Maximum
Principal City	$24,430	$35,820	$149,460	$196,660
Major City	$16,280	$26,880	$34,600	$78,300
Metropolitan Major	$16,280	$26,880	$34,600	$78,300
Metropolitan Centre	$12,210	$22,800	$25,950	$60,580
Metropolitan	$8,130	$17,930	$17,310	$39,110
Regional Rural	$8,130	$17,930	$17,310	$39,110
Rural	$8,130	$10,740	$8,640	$23,440
County Council - Water	$1,620	$8,960	$3,460	$14,710
County Council - Other	$1,620	$5,360	$3,460	$9,780

Operational Plan 2014 – 15 including Revenue Policy
No submissions received
Fees and Charges 2014 - 15
Applicant	Issue
Internal comment	Two incorrect fees listed for Murrah Hall (refer pg 21 Fees and Charges) : Request to remove · Rehearsals for local artists · Murrah Hall Committee functions
Internal comment	Correction in wording of asbestos waste fees (refer pg 72 Fees and Charges) Remove : · ~~Asbestos Waste Loads Greater Than 0.25 Cubic Metre (Only At Pambula Landfill)~~ Replace with: · Asbestos Waste Loads Greater Than 0.25 Cubic Metre (Only At Central Waste Facility) Amend Fee Unit Remove : · ~~$215.00 Per Cubic Metre~~ Replace with : $215 Per tonne
Internal comment	Request clarification of two listings within waste section (refer pg 70 Fees and Charges) New lisitings · Fluorescent light tubes – commercial recycling (more than 2 tubes) - $2 per tube Fluorescent light tubes – domestic recycling – no charge
Internal comment	Clarification of subheading pg 39 Fees and Charges. Complying Development Certificate Involving Building Work / Demolition Add in ‘demolition’
Annual Budget 2014 – 15 *Original submissions as confidential attachments*
Applicant	Issue
External	Request for additional funding to enable delivery of Tourism promotion
External	Supports the request for increased funding for SCT
External	Supports the request for increased funding for SCT
External	Supports the request for increased funding for SCT
External	Supports the request for increased funding for SCT
External	Requests Council make improvements in the presentation and clarification of budget material to enable ease of access to information and enable greater understanding throughout the community. Particular examples and recommendations provided – as outlined in attached submission.

Council	25 June 2014
*Item 8.2 - Attachment 1*	*Copy of Development Consent 1991.1124 dated 22 July 1991*

Council	25 June 2014
*Item 8.2 - Attachment 2*	*Copy of Development Consent as modified on 26 July 2011*

Council	25 June 2014
*Item 8.2 - Attachment 3*	*Environment Protection Authority Licence 20005 dated 19 August 2011*

Council	25 June 2014
*Item 8.2 - Attachment 4*	*Locality Plan*

Council	25 June 2014
*Item 8.2 - Attachment 5*	*Draft Notice of Determination to Modify Consent*

Council	25 June 2014
*Item 8.2 - Attachment 6*	*Draft Modified Consent*

Council	25 June 2014
*Item 8.3 - Attachment 1*	*BVSC Climate Change Strategy 2014*

Council	25 June 2014
*Item 8.3 - Attachment 2*	*Appendix A BVSC Climate Change Strategy 2014*

Council	25 June 2014
*Item 10.1 - Attachment 1*	*2014.06.25 attachment - local and social procurement policy*

Council	25 June 2014
*Item 10.2 - Attachment 1*	*2014.06.25 anz@work*

Council	25 June 2014
*Item 11.2 - Attachment 1*	*Plan of Proposed Development*

Council	25 June 2014
*Item 11.2 - Attachment 2*	*Aerial Site Plan DP539154*

Council	25 June 2014
*Item 12.2 - Attachment 1*	*Maintenance Schedule - to be annexed to licence agreements*

Council	25 June 2014
*Item 12.5 - Attachment 1*	*2014.06.25 Investment Report May 2014*

Council	25 June 2014
*Item 12.6 - Attachment 1*	*Summary of submissions - IPR*

Council	25 June 2014
*Item 18.1 - Attachment 1*	*Cats and Wildlife Brochure*