Agenda of Council - 10 June 2015

Council 10 June 2015

Item 8.2

8.2. DA No. 2015.96: Development application for SEPP (Housing for Seniors or People with a Disability) 2004 comprising five units and strata subdivision, 2-4 Martin Street, Pambula

Group Manager Planning and Environment

Applicant	Hansford Family Trust
Owner	B & M Hansford Pty Ltd
Site	Lots 1 and 2 DP 995488, 2-4 Martin Street, Pambula
Zone	R3 Medium Density
Site area	1394m²
Proposed development	Staged Seniors Living Development comprising 5 units; Stage 1 – Demolition of existing dwelling and garage and erection of 5 units under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Stage 2 – Strata Subdivision

Precis

Council has received a development application for the staged development to erect 5 self-contained units under State Environmental Planning Policy SEPP (Housing for Seniors or People with a Disability) 2004 and the strata subdivision of the units. The matter is being reported to Council for determination in accordance with Council Policy 3.01.4 as a Council employee is the applicant and part owner of the property.

The development application has also received several submissions objecting to the proposal.

The development application is being recommended for approval subject to conditions provided in the draft consent attached to this report.

Description of the proposal

The development application seeks approval for a staged Seniors Living Development comprising 5 units;

Stage 1 – Demolition of existing dwelling and garage and erection of 5 units under SEPP (Housing for Seniors or People with a Disability) 2004.

Stage 2 – Strata Subdivision.

An extract from the development plans is provided as Attachment 1 to this report. The proposed site layout, floor plans and elevation will also be available at the Council meeting.

Description of the site

The land comprises two allotments with a combined site area of 1394m². The site is located in Martin Street, a small cul-de-sac located approximately 380 metres east of the Pambula central business district. The site is relatively flat in topography with minimal landscaped gardens and retains an existing single storey dwelling and separate garage.

The immediate neighbourhood comprises residential living that is dominated by single storey dwellings on allotments of approximately 700m².

A locality plan is provided as Attachment 2.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Staff have highlighted the key issues of the proposal in this report for Council’s consideration.

The development application has been lodged in accordance with the provisions of State Environmental Planning Policy SEPP (Housing for Seniors or People with a Disability) 2004. Where there are differences in the development standards and design requirements in the SEPP compared to those provided under Bega Valley Local Environmental Plan (LEP) 2013 and Development Control Plan (DCP) 2013, the SEPP prevails.

Notwithstanding the proposal complies with most of the development standards and design requirements of Council’s LEP and DCP, except for the car parking provisions of the DCP. The proposal complies, however, with the number of car parking spaces required under SEPP.

A copy of the assessing officer’s Section 79C assessment is provided as Attachment 3.

Zoning

The land is zoned R3 Medium Density Residential under Bega Valley Local Environmental Plan 2013. The proposed development is consistent with the objectives of the zone and Seniors Housing is a permitted use in the zone subject to development consent.

Issues

The assessment of the application has identified that concerns were raised in submissions relating to the proposal, which are discussed in detail below.

Submissions

The development application was notified to adjacent and adjoining owners for a period of 14 days from 8 April until 24 April 2015 and also exhibited in the local paper on 22 April 2015 for 14 days. A total of 4 submissions were received in relation to the development.

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

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

Extra Traffic/Parking

“Martin Street is a quiet, low traffic cul-de-sac with very limited parking. On some occasions there is barely enough parking for the current resident’s visitors. This becomes even more of a problem on market days. If this project goes ahead, as I am sure it will, the parking will be a nightmare. The plans show each unit has only a single garage. I can’t see any visitor parking on the plans.”

Staff Comment:

In accordance with the provisions of SEPP (Housing for Seniors or People with a Disability) 2004, the minimum car parking required on-site for this development is 0.5 car spaces for each bedroom where the development application is made by a person other than a social housing provider. As each unit contains 2 bedrooms and the applicant is not a social housing provider, the development meets the minimum car parking requirement of 1 car space per unit. The SEPP does not require the provision of any visitor parking for the development.

Clause 50 of the SEPP details a number of standards that cannot be used to refuse development consent for Self-Contained Dwellings. One of those standards that cannot be used to refuse a development is car parking, if it meets the minimum standards. As the development meets the car parking requirements under the SEPP, the application cannot be refused on car parking grounds.

The SEPP also requires any development to consider accessibility to bus services for the future residents. The application identifies that a bus pickup service is available from Sapphire Coast Buslines Flexi Bus Door to Door. The availability of access into Martin Street was considered unfeasible and therefore a pedestrian path is to be provided from the site back along Martin Street to Narregol Street to ensure access is available to this bus service. The development is considered to meet the intention of the SEPP’s accessibility to bus services requirements.

Servicing

“On garbage day I can’t even imagine what our quiet/tidy street will look like with between 5-15 extra bins on our limited footpath.”

Staff Comment:

The development would generate the need for separate garbage facilities for each unit in accordance with Council’s servicing requirements for garbage collection. The bins would be located within the street on collection days, however, would be stored within the curtilage of each unit outside these days. It is considered that, on collection day, bins can be suitably located within the road reserve and not affect the traffic flow of Martin Street.

Appearance

“Pambula is one of the only towns in the Shire that has managed to maintain a village appearance. I hope Council considers the objections and remembers that we would like to keep our village appearance with ‘village like’ housing.”

Staff Comment:

The appearance of the development from Martin Street would generally be of two, single storey residential buildings. The design is consistent with the existing residential development in the street, being all single storey except for No. 3 Martin Street which is two storeys.

The design is also consistent with existing front setbacks of dwellings in the street, generally all around the 6 metre setback, which is consistent with Council’s provisions under Development Control Plan 2013. The design varies from the dominant weatherboard clad dwellings in the street, with the development proposed to be constructed of brick veneer. Only one other dwelling in the street is also built of brick. It is considered, however, that the design is appropriate and would reasonably maintain the existing “village like” appearance of the street and surrounding area in terms of character and scale.

Solar access

“The units being built on my joint fence line will obstruct the sunlight on my property.”

Staff Comment:

The proposed development comprises single storey units, each having an 18 degree pitched roof with a 1m minimum setback to the side and rear boundaries. The impact of overshadowing has been assessed and it is considered that the proposal would not generate an unacceptable loss of sunlight or overshadowing on the private open spaces or habitable rooms of adjoining residences.

Conclusion

The development application seeks approval for a staged seniors living development comprising 5 units under SEPP (Housing for Seniors or People with a Disability) 2004 and the subsequent strata subdivision of the units.

The application is being reported to Council for determination as the applicant is an employee of Bega Valley Shire Council and is a part owner of the land. The development application also received submissions objecting to the development.

Staff assessment has identified that the development proposal meets all of the provisions of SEPP (Housing for Seniors or People with a Disability) 2004.

Approval of the application is recommended subject to conditions provided in the draft consent, provided as Attachment 4 to this report.

Attachments

1 . Site plan

2 . Locality plan

3 . Section 79C assessment

4 . Draft Consent

Recommendation

1. That Development Application No. 2015.96 for the Demolition of an existing dwelling and garage and the erection of 5 units under SEPP (Housing for Seniors or People with a Disability) 2004 and Strata Subdivision at Lots 1 and 2 DP 995488, 2-4 Martin Street Pambula, be approved subject to conditions as outlined in the draft consent attached to this report.

2. That those persons who made a submission be notified of Council’s decision.

Council 10 June 2015

Item 8.4

8.4. DA No. 2013.199: Section 96 Application to Modify - Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy - Imlay Street, Eden

Group Manager Planning and Environment

Applicant	Milestone (Aust) Pty Ltd
Owner	Great Southern Developments Pty Ltd
Site	Lot 14 DP 250841 – 142-144 Imlay Street, Eden
Zone	2(e) Urban Zone – Bega Valley Local Environment Plan 2002 (Application lodged prior to gazettal of BVLEP 2013)
Site area	2,886m²
Approved development	Demolition of existing building and construction of new supermarket liquor store, speciality retail tenancy and associated signage
Proposed modification	A. Staging of the development as follows: Stage 1 – Demolition of existing structures; Stage 2 – Construction and operation of the approved retail development. B. Amendment to Condition 33 to implement a tender process for the material required to be stockpiled and made available as part of the demolition stage. C. Deletion of Condition 15. D. Amendment to the subheading to Conditions 52 and 53.

Precis

Council is in receipt of a Section 96 Application to Modify the Development Consent issued by the Land and Environment Court of NSW for the demolition of the Hotel Australasia and construction of a retail development.

The modification seeks approval to stage the works with Stage 1 being the demolition works and Stage 2 the construction and operation of the retail development.

The modification also seeks amendment to Condition No. 33 which requires certain material from the fabric of the building to be removed, stockpiled and made available to the public, the deletion of Condition 15 relating to construction hours and a minor amendment to the subheading to Conditions 52 and 53 to clarify the conditions relate to demolition works only.

The application was placed on public exhibition for a period of 14 days with a total of 30 submissions being received; 29 of which object to the proposed modification. Three separate petitions were also received objecting to the proposal.

Whilst the proposed modification does not alter the approved floor plan of the development, it would provide for the staging of the development. Under the current consent the applicant is required to pay the Section 94 car parking contribution of $453,100 to Council, as a result of the shortfall in on-site parking, prior to any work commencing.

The structure of the consent, requiring the Section 94 car parking contribution payment prior to any demolition works being undertaken, was an underlying requirement of Council agreeing to a resolution of the appeal in the Land and Environment Court.

Council in agreeing to the draft conditions and Court consent orders at the time was satisfied the building would only be demolished subject to a significant commitment to the overall development in the form of the Section 94 payment prior to any demolition works commencing.

The proposed modification to stage the development would not require this commitment prior to any demolition works commencing.

The proposed modification to Condition 33 would not alter the requirements for recovery of the nominated material during the demolition process, but relates to the process through which the material is to be made available.

The request to stage the development is not supported. The request to delete Condition 15 and amend the subheading to Conditions 52 and 53 to include the demolition works is supported, as is the amendment to the wording of Condition 33 subject to a revised condition being submitted by the applicant for final Council approval.

Background

A staff report in respect to the proposed development was submitted to the Council meeting held on 18 December 2013 with the following recommendations:

“1. That Development Application No. 2013.199 for the demolition of the existing building and the construction of a new supermarket, liquor store, speciality retail tenancy, on-site carparking, landscaping and associated signage on Lot 14 DP 250841 (No. 142-144) Imlay Street, Eden be approved subject to conditions as detailed in the draft consent.

2. That those persons who made a submission be advised of Council’s decision.”

Council at its meeting held on 18 December 2013 resolved the following:

“1. That following the public deputations the matter be deferred in keeping with the Code of Meeting Practice for a further report to Council incorporating further assessment of the economic impact analysis.

2. That the General Manager be asked to provide a report to the next available meeting advising the Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of DA 2013.99.

3. That the report include reasons for refusal in the event the Council determines to refuse the development application.”

A further report was submitted to the Council meeting held on 12 February 2014 with Council resolving the following:

“1. That Development Application No. 2013.199 being for the demolition of existing building and construction of a new supermarket, Liquor store, speciality retail tenancy and associated signage at Lot 14 DP 250841 (142-144) Imlay Street, Eden be refused for the following reasons.

a. The proposed development would be contrary to clause 23 (2)(b) of the Bega Valley Local Environment Plan 2002 as demolition of the existing building would result in a significant change to the existing and historic character of the Eden urban area.

b. The proposed development would be contrary to clause 65 (1)(a)(vi) and clause 28 (2(f) of the Bega Valley Local Environmental Plan 2002 and the provisions of councils adopted development control plan 40-Port of Eden Town Centre May 2007 as it involves the demolition of the existing building which has a significant historical value within the street scape and to the greater Port of Eden.

c. The proposed development would be contrary to the requirements of councils adopted development control plan No 7- Off street parking July 2007 in that insufficient onsite parking is to be provided to cater for the requirements of the development.

d. That the impact of the proposed development will be detrimental to the viability of other businesses in the locality and the retail centre.”

The applicant was notified of Council’s decision on 19 February 2014.

On 24 March 2014 Council was served with notice that the applicant, Great Southern Developments, had lodged a Class 1 Appeal in the Land and Environment Court of NSW against Council’s decision to refuse the development application.

As part of the Class 1 Appeal process a conciliation conference was held on site on 1 August 2014 before Commissioner Tuor of the Court with the following order handed down by the Court on 5 September 2014.

“TERMS OF ORDER MADE BY THE COURT

The Court notes the parties or their representatives have reached agreement at or after a conciliation conference held pursuant to s 34 of the Land and Environment Court Act 1979, presided over by Commissioner Tuor, as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision the Court could have made in the proper exercise of its functions) as set out in the document annexed hereto.

By consent, the Court makes the following Order:

1. The appeal is upheld.

2. Development application is granted consent subject to the conditions contained in Annexure A.”

Whilst the order was a conciliated position between both parties, Council was still fundamentally opposed to the development. The conciliated position was only agreed to by Council after receiving legal advice and based on the structure of the draft consent which included the payment of a Section 94 car parking contribution prior to any demolition works commencing.

[see Attachment 1 – Court Order and Consent]

Details of Proposed Modification

The application seeks the following modifications to the development consent.

1. Staging of the development as follows:

Stage 1 – Demolition of existing building

Stage 2 – Construction works and operation of retail facility.

The modification seeks the payment of the Section 94 car parking contribution at Stage 2. Currently the conditions of consent require payment prior to issue of a Construction Certificate for demolition works as detailed below:

Condition 2:

Payment to Council of the following contributions pursuant to Section 94 and Section 94B of the Environmental Planning and Assessment Act and the following Development Contributions Plans, prior to the release of the construction certificate:

Section 94 Contributions Plan No. 2 – Car parking

Payment for provision of Car parking of a cash contribution of $453,100.00 prior to the release of a Construction Certificate/commencement of the use to offset the short fall of 46 car spaces not provided on site.

Allocation no. 11320.1600.1608

The actual payment due will be calculated at the rate specified in Council’s adopted Fees and Charges Schedule as at the time of payment. The payments listed in this condition are as at the date of issue of this consent.

*Note: This condition is imposed on the assumption that the development will generate a shortfall of 46 car spaces.

2. Amendment to the sub heading for Conditions 52 and 53 to confirm the conditions relate to the demolition stage only.

Conditions 52 and 53 relate to construction hours and state:

Construction Hours

52. No construction or any other work related activities shall be carried out on the site outside the hours of 7.00am to 5.00pm Mondays to Saturdays. No work to occur on Sundays and public holidays.

53. Where the development involves the use of jackhammers/rock breakers and the like or other heavy machinery. Such equipment may only be used between the hours of 7.00am – 5.00pm Monday to Friday only.

The modification seeks an amendment to include the reference to “demolition works” to the “construction hours” sub-heading.

3. Deletion of Condition No. 15 which states:

15. Construction work shall take place during normal working hours, namely 7am to 5pm, Mondays to Fridays and 8am to 1pm Saturdays (no work on Sundays or Public Holidays) and in a manner so as not to cause a nuisance (by the generation of unreasonable noise or other activity) to the owners and/or residents of adjoining and adjacent properties.

4. Rewording of Condition No. 33 to provide for a public tender process to be carried out for the material required to be stockpiled and made available to the public. Condition 33 currently states:

33. The following material from the existing development to be carefully removed and separately stockpiled (but not cleaned, de-nailed, repaired or made good, as the case may be) on the development site during the demolition phase of the works:

· All 1905-06 bricks in reasonable condition.

· All 1905-06 timber framed windows and doors (including sidelights) in reasonable condition. Avoid breakage of glass or damage to timber work. Windows and doors are to be stored out of the weather.

· The 1905-06 period four-panel doors, especially those to the upstairs bedrooms, where in good condition. Retain period hardware, hinges etc.

· The internal staircase, in a manner that retains the separate flights of stairs. Retain individual elements removed during the process (e.g. newel posts, rails, balusters, skirtings, etc.) and store out of weather.

· Floor bearers and joists, roof beams, rafters etc. that are in good condition.

At or near completion of the demolition phase of the works the developer is to give notice in writing to the Council advising the Council that the foregoing used building materials will be available for pick-up or collection (by members of the public) from the site during standard working hours for a period of not less than 14 days. The developer may at its absolute discretion retain any used building materials for reuse or resale.

In the event that the parapet and other renderings are exposed during the work, the Council is permitted to photograph and document the aforementioned building elements within 48 hours of being informed.

In overall support of the requested modification, the applicant’s submission included the following:

“The proposed modification to stage the Development Consent is necessary to facilitate the demolition of the existing dilapidated building on the site. The existing state of the building also presents a significant insurance and safety risk for the site owner. Numerous break-ins have occurred since the pub use has ceased despite the best efforts of the owner to secure the site with the boarding of windows and securing doors and other such works. There is a serious risk of injury to persons that illegally enter the property with obvious liability and insurance repercussions for the owner. The timely demolition of the dilapidated and unsafe building on the site will therefore have a positive safety and social impact.”

“The proposed amendments to the conditions of Development Consent No. 2013.199 do not propose to alter the built form nor the appearance of the approved development. The streetscape and neighbourhood character will not be affected by the proposal.”

“The proposed amendment to defer payment of the Section 94 contributions until construction of the approved retail development (Stage 2) is necessary enable a Construction Certificate to be issued to undertake urgent demolition works to secure the site and prevent potential safety related incidents from unauthorised access into the site. The proposed staging will also enable greater flexibility for the proponent to deliver the construction of the approved development.”

“The proposed modifications do not seek any reduction of the amount of Section 94 contributions being a total of $453,100.00 and therefore the construction of the approved development as per Condition 2 of Development Consent No. 2013.199 will facilitate the provision of new retail services and improved public domain and car parking infrastructure for the community thereby having an overall net positive social and economic outcome.”

“In order to maintain public safety it is proposed by the proponent that a controlled tender process will be undertaken prior to the materials described in Condition 33 being made available for collection. As part of the tender process, the Expression of Interest will require any persons/contractors to have the necessary insurance, equipment and means to visit the site and transport the original fabric building materials safely from the site in accordance with all legal and road safety requirements.”

[see Attachment 2 – Section 94 Modification Submission]

Staff Assessment

The Section 96 Application to Modify has been assessed by the Manager Planning Services with the following comments provided for Council’s consideration.

1. Proposed staging of the consent.

Comment:

The consent as approved by the Court requires the payment of a Section 94 car parking contribution of $453,100 to Council prior to the issue of a construction certificate for the demolition of the existing building.

This was an agreed position between Council and Great Southern Developments as part of the conciliation process of the Class 1 Appeal to the Court.

The conciliated position was then issued as orders by the Court. It is not known what the position of the Court would have been if the proposing staging was raised at the time of the hearing as a matter of consideration.

The position reached by Council was a result of the conciliation proceedings and advice received from both the consultant engaged to act on Council’s behalf and Council’s legal representative.

Whilst Council still opposed the demolition of the existing building, Council provided the Court with draft conditions should the Court decide to uphold the appeal.

As part of the consideration of the conciliated position and draft condition, Council and staff were concerned that any consent should not allow demolition of the building without a commitment to the overall retail development being completed.

Accordingly, Condition 2 of the draft consent requiring payment of the Section 94 car parking contributions was the underlying requirement that was to be met prior to any demolition works commencing.

Whilst it is acknowledged that the payment did not guarantee the construction of the retail development it was considered that the payment of a significant amount of money indicated a commitment to proceed. (It should be noted that under the terms of the development consent the Section 94 contributions would not be refundable once demolition works commenced even if the construction did not).

Accordingly the staging of the development is not supported for the following reasons:

· The staging of the development would result in the demolition of the existing building without the prior payment of the Section 94 car parking contribution of $453,100. This is contrary to the conciliated position reached between Bega Valley Shire Council and Great Southern Developments as part of the Class 1 Appeal to the Land and Environment Court of NSW.

· The proposed staging could result in a vacant lot within the streetscape of Eden’s CBD with no commitment for future development which would impact on the economic viability and confidence of the town.

· The proposed staging is not in the public interest and community expectation in that the developer and Council had reached a conciliated position, with Orders issued by the Land and Environment Court of NSW, which included an agreed condition requiring the payment of a significant Section 94 car parking contribution prior to any demolition works commencing.

2. Amendment to subheading to Conditions 52 and 53

Comment:

The conditions are under the subheading of ‘Construction Hours’ and there is no objection to amending the subheading to read ‘Demolition and Construction Hours’.

3. Deletion of Condition 15

Comment:

This condition relates to the approved hours for construction works which are also addressed by Conditions 52 and 53. Condition 52 allows construction works to be undertaken until 5pm on Saturdays while Condition 15 restricts Saturdays to 1pm. Council’s Manager Building Services has advised that having regard to the site being located within a commercial zone that allowing construction work to 5pm on a Saturday would be appropriate and also in line with current industry practice.

The request for deletion is supported.

4. Amendment to Conditions 33

Comment:

The proposed amendment to provide for a public tender process for the material required to be recovered and stockpiled is supported in principle; however no revised Condition 33 has been suggested by the applicant.

Should Council resolve to support the proposed amendment in principle, the applicant should be required to provide suggested wording for a revised Condition 33 to the satisfaction of Council.

Submissions

The development application was placed on public exhibition for a period of 14 days from 8 April until 22 April 2015 with a total of 30 submissions being received; 29 of which objected to the proposed modification. Three separate petitions were also received objecting to the proposed modification.

[Submissions and Petitions will be tabled at the Council meeting]

The issues raised in the submissions are outlined below, followed by staff comment.

· This is an iconic site and should be retained as such.

· Eden will lose a valuable heritage building and an important part of its streetscape.

Comment:

The existing development consent permits the demolition of the Hotel Australasia building. This is not a consideration of the Section 96 Application to Modify.

· We already have two supermarkets in town. Why do we need another?

Comment:

The existing development consent includes approval for a supermarket. This is not a consideration of the Section 96 Application to Modify.

· We do not need another liquor store in town. Alcohol is a leading cause of social and health harm. We already have four outlets selling alcohol.

Comment:

The existing development consent includes approval for a liquor store. This is not a consideration of the Section 96 Application to Modify.

· If the staging of the development is approved there would be no legal imperative on the developer to ensure that the site of the Hotel Australasia will be developed in accordance with the original DA. Nor will the developer consequently have to pay the Council Section 94 car parking contributions.

Comment:

As previously outlined in the report, the staging, if approved, would allow demolition to take place without prior payment of the Section 94 Contributions. Staff recommend against the proposed staging of the development.

· The proposed modification is contrary to the decision of the Council.

Comment:

The proposed modification would vary the Order of the Court and the conciliated position. Notwithstanding, Council’s Solicitor M McMahon of McMahon and Associates has confirmed that Council is in a position to legally determine the Section 96 Application to Modify.

· By separating the development into stages there is a genuine risk that the developer will halt works after Stage 1. They may then delay commencing Stage 2 for an unacceptably long period wherein the main street appeal of Eden would be extremely negatively impacted.

Comment:

There is no guarantee under the existing development consent that the payment of the Section 94 contributions would result in the construction of the retail development. However as previously outlined in the report the payment of a substantial amount of non-refundable money, is considered to be a significant commitment to the whole development.

· The development will impact on adjoining developments by way of noise, dust and vibration.

Comment:

The existing consent contains conditions addressing these issues.

Conclusion

The Section 96 Application to Modify Development Consent No. 2013.199 seeks to stage the development to allow the demolition of the existing Hotel Australasia building as Stage 1 and the construction works and operation of the retail development as Stage 2.

As part of the staging, the payment of the Section 94 car parking contribution of $453,100, which is currently required to be paid prior to issue of a construction certificate for demolition works, would be required to be submitted after the building is demolished.

This is contrary to the conciliated position of both parties and confirmed by the orders and consent issued by the Land and Environment Court.

As part of the consideration of the conciliated position and draft condition Council and staff were concerned that any consent should not allow demolition of the building without a commitment to the overall retail development being completed. Condition 2 of the consent required this commitment in the form of the payment of a significant monetary contribution.

The proposal to stage the consent would allow the demolition to occur prior to payment of this contribution and this is not supported by staff for the reasons outlined in the report.

The amendment to the wording of the subheading to Conditions 52 and 53 (and the deletion of Condition 15) is supported by staff in order to clarify that Conditions 52 and 53 include the demolition works.

The amendment to Condition 33, to provide for a public tender process for the material required to be recovered and stockpiled, is supported in principle by staff subject to a revised condition being submitted for Council approval.

The issues raised in the submissions and petitions received by Council have been considered as part of the assessment of the application. The objections to the staging of the development are supported by staff.

Attachments

1. Court Order and Consent

2. Section 96 Modification Submission

Recommendation

That the Section 96 Application to Modify Development Application No. 2013.199 being for the demolition of an existing building and construction of a new supermarket, liquor store and speciality retail tenancy at Lot 14 DP 250841, 142-144 Imlay Street, Eden be determined as follows:

1. That the proposed staging of the development in 2 stages being:

Stage 1 – demolition of existing building

Stage 2 – construction and operation of retail development

be refused for the following reasons:

2. That the sub-heading to Conditions 52 and 53 be amended to read:

“Demolition and Construction hours”.

3. Deletion of Condition 15 be approved.

4. The amendment to Condition 33 is supported in principle; to provide for a public tender process for the material required to be recovered and stockpiled. Prior to finalisation of this request, the applicant is required to submit an amended condition to the satisfaction of Council.

5. That those persons who made submissions be advised of Council’s decision.

Council 10 June 2015

Item 9.1

9.1. National Stronger Regions Funding

The purpose of this report is to advise Council of two requests for support and funding contribution to a National Stronger Regions Funding application and to resolve Council’s priority projects for lodging in Round Two.

General Manager

Background

The National Stronger Regions Fund (NSRF) Round Two is now open. This programme is the Federal Government’s signature funding programme to promote economic development in Australia’s regions. The Government is providing $1 billion over five years with the first round just announced to fund priority infrastructure in local communities. The objective is to fund investment ready projects which support economic growth and sustainability of regions across Australia.

Local Government and incorporated not-for-profit organisations are eligible to apply for funding with a requirement the grant funding must be matched in cash on at least a dollar for dollar basis with all partner funding confirmed.

NSRF funding will be provided for capital projects which involve the construction of new infrastructure, or the upgrade or extension of existing infrastructure. The project must deliver an economic benefit to the region beyond the period of construction. Projects should support disadvantaged regions or areas of disadvantage within a region. The NSRF funded component of the project must be completed on or before 31 December 2019.

Round Two of the NSRF opened on 15 May 2015 and closes on 31 July 2015.

Under Round Two, $25 million will be quarantined for those projects seeking funding of $1 million or less. This will allow a broader reach across Australia's regions and better reflect the national intent of the program. Applicants will also be able to submit up to two applications under this Round.

In the first Round Council applied for funding for development of sewer infrastructure to the North Bega Industrial area to support new business growth and existing business at Bega Cheese and provide opportunities for business growth and new businesses in this important area. The application (half funded by Council) was not successful. Council has requested feedback on the application.

The desired outcomes of the program are:

· improved level of economic activity in regions

· increased productivity in the regions

· increased employment and a more skilled workforce in regions

· increased capacity and improved capability of regions to deliver major projects, and to secure and manage investment funding

· improved partnerships between local, state and territory governments, the private sector and community groups and

· more stable and viable communities, where people choose to live.

Applicants must comply with all of the requirements outlined in the programme guidelines for a project to be considered eligible for grant funding. The guidelines are available online athttp://investment.infrastructure.gov.au/publications/administration/pdf/NSRF_Guidelines_13May_2015_FINAL.pdf

Importantly, cash partner funding can be provided by any organisation including but not limited to, the Applicant, Local Government, state or territory government, not-for-profit organisations and private sector companies.

An eligible Applicant for funding must be a legal entity with an Australian Business Number (ABN); and an organisation that is one of the following:

· a Local Government body including the ACT Government, either in its own right or on behalf of a consortium or

· a not-for-profit organisation either in its own right or on behalf of a consortium that is not owned by a state or territory government.

The NSRF will not fund infrastructure projects which do not have all partner funding confirmed, do not deliver sustainable economic benefits including job creation, are eligible for funding under the National Disaster Relief and Recovery Arrangements, shift costs from state territory or local governments to the Commonwealth, and/or are integral elements of hospitals as they are funded by other Government initiatives.

Grant funding from the NSRF cannot be used for the following:

· replacement of existing infrastructure where there is no demonstrated significant increase in productivity

· expenditure incurred prior to the announcement that the project has been successful in its application for NSRF funding

· provision of services and support activities

· soft infrastructure, including computer software or hardware that is not an integral part of the funded capital project

· payment of salaries for new or existing staff or contractors or

· administrative overhead items including office equipment, vehicles or mobile capital equipment, for example trucks and earthmoving equipment.

Applications will be appraised against each of the following assessment criteria:

· Assessment Criterion 1: The extent to which the project contributes to economic growth in the region

· Assessment Criterion 2: The extent to which the project supports or addresses disadvantage in the region

· Assessment Criterion 3: The extent to which the project increases investment and builds partnerships in the region and

· Assessment Criterion 4: The extent to which the project and proponent are viable and sustainable.

Consistent with the policy intent of the NSRF and given all projects must deliver an economic benefit to disadvantaged regions, Assessment Criteria will be weighted in the appraisal process. Assessment Criterion 1 will represent three parts, Assessment Criterion 2 will represent two parts, and Assessment Criteria 3 and 4 will represent one part each of the total assessment score.

Council needs to determine its priority projects for Round Two. The following list outlines projects which may be able to be progressed as Council projects and includes comment on two external requests received.

POTENTIAL COUNCIL PROJECTS:

1. North Bega Sewer Project

2. Merimbula Airport Master Plan

3. Littleton Gardens

4. Spiire Master Plans implementation

REQUESTS FOR SUPPORT:

5. Twyford Hall

6. Old Bega Hospital

7. Pambula Merimbula Golf Club

1 NORTH BEGA SEWER

· This project was developed utilising Public Works as an external consultant and with strong economic data. Feedback has been requested on the application and why it failed to be assessed positively for funding. It supports strong economic growth and has environmental outcomes. It also meets the criteria of being half funded by Council with Council unable to achieve the project without the supporting funding.

2 MERIMBULA AIRPORT MASTER PLAN

· Council has applied for funding for this project through the NSW State Government’s Regional Tourism Infrastructure (Regional Airports) funding programme however this is a staged process with any confirmation of funding probably not confirmed or announced prior to the deadline of 31 July 2015.

· An external economic assessment of this project and a number of consultancies have supported this project as a major growth driver. Further research on growing passenger numbers is currently underway.

· The EOI for the State programme outlined four stages in the project. The total project cost is in the order of $24.5million

Stage 1 – Resurface Runway Resurface $9m

Stage 2 - Runway Upgrades and Terminal upgrade Expand existing RPT apron; GA Apron – sealed & grass; Taxiway G; Taxiway B between Taxiway A & F; Existing runway 200m extension (north); Seal to end of RESA – southern extension; Arthur Kaine Drive realignment (Stage 1a);Expand existing terminal building - $7.59m

Stage 3 - Interpretation Centre $4m

Stage 4 - Business Park Precinct 1 – General Aviation (Hangar development); Long-stay parking; Water main upgrade $3.91m

Significant progress for the precinct would result from the following aspects of the application and a re-staging of the items outlined in the application:

Stage 2/3 (do critical aspects of Stage 2 with the core aspect of Stage 3)

· Existing runway 200m extension north $2.00m

· Seal to the end of the RESA South $1.2m

· Expand existing terminal building $1.00m

· Develop precinct 1 General Aviation – hangar development including services $2.5m

· TOTAL PROJECT COST: $6.7m

3 LITTLETON GARDENS

· Council has applied for funding through the Public Reserve Management Fund for this significant project and is also investigating ways to complete the works as a matter of priority.

· This precinct is the regional hub and supports business development in Bega.

· At this time there is no formal funding commitment to be identified as matching funding.

4 SPIIRE MASTERPLANS

· The town masterplan concepts have been adopted, Council has identified funding in the next financial year to complete the works in Eden.

· This project could be further developed and meet the assessment criteria.

5 TWYFORD HALL

· Twyford Hall is managed through an incorporated body that have a formal lease arrangement with Council. The facility is a Council facility. If this project is supported it would be identified as one of Council’s two projects. A letter seeking financial support is attached. A copy of the business case is provided to Councillors only. (Please note that this information has not been included in the agenda as it contains commercial information of a confidential nature that would, if disclosed: (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.)

· Twyford Hall have formally requested support from Council to:

o Construct a purpose built raked theatre adjacent to the existing Twyford Hall and will have a seating capacity for 200 patrons. This proposal was previously been submitted in round one of the NSRF.

· The support being sought is in the form of a loan of $1m and loan/grant of $687k.

6 OLD BEGA HOSPITAL

· The Old Bega Hospital Reserve Trust is a Reserve Trust on Crown Land and is not a Council facility. The Trust has also requested Council support via recognition as a priority project in Council’s integrated planning and reporting documents. There is no request for funding to support the project. The request is also provided to Councillors for their information.

7. PAMBULA MERIMBULA GOLF CLUB

· The PMGC is planning on lodging an application to the National Stronger Regions Fund for a one third grant of the likely cost ($1.05M) of the PMGC Course Irrigation System Upgrade and Expansion Project. The club’s funding strategy is based on provision of equal thirds ($350k) from PMGC, the NSRF and NSW State grants and the draft application for the NSRF is progressing well. However at this time they are unable to apply for any NSW State grants until appropriate target funds are available and application windows open. The PMGC have requested that Council offer a letter of support that covers up to $150k should the State or Federal funding targets not be achieved. This request was only received in the week prior to the Council meeting and water and sewer staff have suggested a full report be prepared for the meeting on 1 July 2015 to fully cover the request and the project.

Issues

Legal

Council is required to formally support the projects proposed for submitting for funding in the NSRF Round Two.

Asset

All projects meet the asset criteria of the funding program. Old Bega Hospital is not a Council asset.

Economic

The North Bega Sewer project and the Merimbula Airport project are significant economic drivers. The Town Masterplans and Littleton Gardens projects support growth in the regions town centres. Information about Twyford Hall is provided in the request from the Management Committee.

Strategic

The airport is clearly identified in all relevant State Plans and Regional Development Australia documents as a significant project for the Shire and Region.

Financial

A report on the final project proposals will be presented to Council prior to final submission.

Conclusion

The NSRF program provides an excellent opportunity for regional areas of Australia to progress significant projects which support regional economic development. The program is very competitive and the application process is extensive. Council is required to identify the priority projects it will present for consideration so that the appropriate documentation can be prepared for the applications.

Attachments

1. Twyford Hall Incorporated - Letter to Leanne Barnes NSRF

2. Twyford Hall NSRF Business Case May 2015 (Councillor Only)

3. Old Bega Hospital Reserve Trust letter to the General Manager

4. Old Bega Hospital Reserve Trust Draft Management Plan

5 . Old Bega Hospital Proposal Regional Community and Cultural Centre

Recommendation

That Council support lodgement of applications for the National Stronger Region Fund Round Two for (project names to be inserted)

Council 10 June 2015

Item 11.2

11.2. Bega Civic Centre Council Chambers

This report outlines the background and some important aspects of the proposed Bega Civic Centre Chambers fit out and recommends proceeding with the fit out as recently presented at Council Workshops 27 March 2015 and 15 April 2015

Group Manager Transport and Utilities

Background

After a three phase EOI and Tender process the Head Contract for the Design and Construction of the Bega Civic Centre (BCC) was formally awarded with letter of Acceptance 5 July 2013. This Design and Construct Contract explicitly addresses the Functional Brief for the Bega Civic Centre (which was formally adopted by Council 16 March 2010) against a Council approved budget set at 6 September 2011.

The functional brief received near unanimous community support with the over-riding criteria being for a ‘flexible multi-functional complex’ and ‘requirement for a multipurpose hall with floor plan to allow flexibility of use’.

The contract for the main works of the new Bega Civic Centre was awarded on the basis of maximum included and realised content against the set budget and the brief.

It should be noted the brief, budget and contract as awarded did not originally include the Council Chambers fit out of the level one Function Room in the new Bega Civic Centre.

It is proposed the 170m2 level one Function Room be fitted out to a higher standard, than originally specified, to facilitate its use as the Council Chamber.

Issues

Environmental

Inherent in the design of the Bega Civic Centre are features to meet EPA, section 94, ‘Safer by Design’ and Australian Standard lighting requirements among many other aspects and to achieve ‘beyond the minimum’ statutory requirements of BCA section J. The Chambers interior design of the Level one Function Room is consistent with these aspects.

Asset

If fitted out as proposed it is anticipated the level one Function Room will be used for Council meetings and Councillor Workshops, typically 1 to 2 days per week.

To maximise the asset the level one Function Room will also be available for rent/hire on other days for a wider range of functions, conferences, training purposes and meetings, accommodating up to 120 persons.

New furniture designed to be flexible and multiuse will enable both Council use and for a wide range of other applications including conferences, presentations, training, banquets, workshops and formats which will enhance and optimise the commercial viability of the space.

It is anticipated the level one Function Room will be very attractive and popular given that appropriate audio visual (AV) capabilities including the capacity to live stream Council meetings and provide connectivity for meetings and conferences, furniture and equipment are provided. The level one Function Room fitted out as recommended will be one of the distinctive assets of the new Bega Civic Centre that Council’s venue management will be able to promote.

The original brief for the Bega Civic Centre included for a basic fit out to the level one Function Room consistent with the Centre overall.

To facilitate using the level one Function Room as Council Chamber a succinct fit out brief was developed including the known functional requirements of Council.

Council engaged an expert and experienced architect through competitive quotation to develop the fit out design.

Important requirements of the fit out brief include:

• the context and design of the room as Chambers

• ceremonial, procedural, symbolic and traditional aspects

• flexible multi use requirements when not being used as the Council Chamber

• reflecting contemporary expectations including IT

• capacity for current and future technology

• achieving the result within the budget cost plan

The commissioned architect has developed a fit out scheme that meets the brief requirements and was presented and discussed at two Councillor workshops (see attachments).

Reuse of existing Chambers furniture has been suggested. Re-use of the existing furniture was not part of the brief given to the architects and consequently not taken into account in the design of the fit out. However, it was confirmed during the briefing process and in the Councillor Workshops the existing furniture would not be reused for a number of practical and aesthetic reasons; it was recorded in the workshop that the Councillors requested the furniture have a new and up to date aesthetic including that Councillor’s seats be replaced

Reuse of the existing furniture does not meet the primary brief requirement for flexibility and multipurpose capability of the Chambers space and the BCC as a whole. Re-use of the existing Chambers furniture significantly reduces the flexibility of the space and presents an inconvenient problem of handling and storage.

The space will be available for rent/hire for up to 20 days per month for a wide range of functions, conference and training purposes for up to 120 persons. The new flexible and multiuse furniture will have to be procured in order to enhance and optimise the commercial viability of the space.

Professionals have designed the fit out to a consolidated and coordinated brief; best value is unlikely to be realised through deleting or significantly reducing important features of the consolidated and coordinated design.

Strategic

The Civic Centre design as developed and subsequently approved (DA and CC) includes the following leasable spaces

• Main Hall 400m2 with stage 130m2 to seat up to 500

• The Main Hall can be sub divided into 2 areas

a. with stage 240m2 to seat up to 300

b. and Ground floor function room 160m2 to seat up to 150

• Ground Floor Lobby/Foyer 200m2

• Level One Lobby/Foyer 180m2

• Level 01 Meeting Room 65m2 which can be subdivided into 2 smaller meeting rooms of 32m2

• Backstage studio space 105m2

• Level one Function Room 170m2

These spaces are supported by backstage facilities, accessible amenities on both levels personnel and goods lifts, kitchen and bars. All spaces are all fitted out to a specified standard and are also serviced by audio visual, data and communications to meet the brief and up to the budget.

During the detailed design development it became apparent, and to some extent as suggested in informal discussions with Councillors and the executive, that one of the ‘flexible’ and ‘multipurpose’ functions the 170m2 level one Function Room is as the Council Chamber.

Consultation

Workshops have been held with Councillors on 27 March 15 and 15 April 15 and a clear brief for the fit out established. The many professionals consulted both formally and informally during the design process have endorsed this kind of use for the level one Function Room

Financial

A Cost Plan to $250,000 total has been established and the interior design for the fit out reverse engineered to specifically meet this $250,000 Cost Plan. In addition the detailed IT, AV and live streaming specification for Council meetings is being developed and estimated to be $30,000.

As the Chambers fit out project was not included in the original brief, budget and contract for the BCC it is currently unfunded

Resources (including staff)

The ‘Chambers’ fit out has been designed, priced and is ready to install as part of the completion and commissioning programme of the Bega Civic Centre

Conclusion

The fit out of the level one Function Room to accommodate the Council Chambers as well as a multitude of other uses as designed, represents optimised value for Bega Civic Centre consistent with the stated aims of the Bega Civic Centre and the community expectations inherent in the functional brief.

Attachments

1. Bega Civic Centre Chamber fit out

Recommendation

1. That Council proceed with the Bega Civic Centre Chambers fit out including the multipurpose furniture as detailed in the report and developed in Councillor Workshops including audio, visual and live streaming as an integrated part of the completion works to be ready for the opening in November 2015.

2. That $280,000 funding for the Chamber fit out be included in Council budget consideration for 2015/2016.

Council 10 June 2015

Item 11.3

11.3. Service Road Merimbula

Report is prepared to inform Council of progress in negotiation with regard to the Voluntary Planning Agreement to construct the Merimbula Service Road and to recommend the execution of the agreements.

Group Manager Transport and Utilities

Background

On the 18 October 2011, Council received and adopted a report to enter into a three-way Voluntary Planning Agreement (VPA) to construct a service road from Reid Street (Sapphire Coast Drive) to the rear of properties fronting Main Street, Merimbula. The service road would give effect to a condition of consent for Merimbula Nominee’s supermarket development on Main Street (DA 2008.0629).

The VPA is between Merimbula Imlay Bowling Club (MIBC), Merimbula Nominees (MN) and Bega Valley Shire Council (BVSC) and generally requires BVSC to construct the service road at an estimated cost of $1.2 million with each party contributing a third of the cost by way of funds and /or contributions.

On 17 January 2012, following public exhibition of the VPA and consideration of submissions received, Council formally approved the execution of the VPA.

On the 12 November 2014, Council received a confidential report on the delays in formally executing the VPA and adopted a resolution to suspend approval pending further discussions with the parties concerned. The suspension related to concerns that with the passage of time, the construction estimate on which the VPA was based had become obsolete and under its current terms the financial risk rested with Council.

On the 18 March 2015, a follow up confidential report authorised the General Manager to renegotiate the terms of the VPA and execute an agreement.

Discussions with the parties to the VPA indicate their unwillingness to redraft the terms and conditions already agreed to in the current VPA document. Legal advice received, also indicates that changes to the VPA would require re-exhibition and further consideration by Council.

As a result of these negotiations, the following is considered an acceptable way forward and has received in principle support by each of the parties:

1. That the previously approved and agreed VPA be executed by each party without alteration. See attachment

2. That Council directly engage the preferred contractor via a fixed lump sum contract for a price of $1.2 million (excl GST). See confidential attachment.

3. Council execute a separate agreement with Merimbula Nominees, guaranteeing construction costs such any additional road construction costs will be borne by Merimbula Nominees. See attachment

4. Council undertake relocation of water main at its own costs, estimated to be $75,000.

5. Council enter into separate agreement with Merimbula Nominees, consenting to the use of temporary structural supports (‘soil nails’) on Council land adjacent to the development site.

Issues

Legal

The execution of the VPA without alteration is in accordance with due process as determined by Council on the 17 January 2012.

The separate Road Construction Cost agreement provides protection for Council against the risk of cost overruns and subject to legal details should be supported.

The separate Soil Nail Agreement has previously been supported by Council and requires no further discussion and should be supported.

The direct appointment of a contractor without an open tender process is allowable in accordance with the Local Government Act, Section 55 Clause 3 (i), as Council is not required to call tender where;

“a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”.

In this case the extenuating circumstances are that the contractor to be engaged is the contractor appointed by the developer to undertake site works, and as a significant proportion of the works includes earth fill from the development site it offers best value for Council as a better price could not be achieved as the competitive advantage existed in this instance.

Legal review on the proposed way forward has been sought and it is anticipated that it will be made available for Council consideration prior to the meeting under separate cover.

Environmental

Construction work proposed is in accordance with Development Approval and subject to the review of environmental factors as per normal construction practice.

Asset

The service road will provide public and service access to the new supermarket development as well as adjoining properties along Main Street. It will provide access for car parking and heavy vehicle deliveries and so provide traffic congestion relief to Main Street.

When complete the service road and dedication of land, will become a Council public road asset.

Economic

The construction of the service road will have long term economic benefits for Merimbula as a result of improved traffic conditions due to increased car parking/access and reduced heavy vehicle movements in Main Street.

Consultation

Consultation between each party has been extensive over the last several years. There has been no public consultation apart from the development process and the public exhibition of the VPA as per Council’s original VPA resolution.

Financial

The financial implications remain fixed as per the VPA at $400,000 and is not currently funded in Council’s 2015/16 budget. Further the relocation of the existing water main at an estimated cost of $75,000 will take Council’s total commitment to the project to $475,000. The MN construction cost agreement provides Council surety against costs overrun.

Resources (including staff)

Significant staff time has been involved in the negotiation and ongoing professional staff resources will be required to manage the construction contract.

Conclusion

The proposal to engage the preferred contractor at a fixed lump price with the additional construction cost agreement from Merimbula Nominees removes the concerns that Council had regarding the underlining financial risk associated with the inflationary costs of the VPA. It is therefore recommended that subject to pending legal review that Council execute the VPA in its current form and appoint the preferred contractor for the fix lump sum price.

Attachments

1. Main Street Properties Service Road Planning Agreement

2 . Merimbula Service Road Schedule (Confidential)

3. Merimbula Service Road -VPA letter

4. Planning Agreement Merimbula Service Road

Recommendation

1. That Council formally enter into the Planning Agreement (separate attachment) to this report for the construction of the proposed Merimbula Service Road.

2. That Council formally enter into the Road Construction Cost Agreement (separate attachment) to this report such that any road construction cost overruns for the proposed Merimbula Service Road are the responsibility of Merimbula Nominees.

3. That Council formally enter into the Soil Nail Agreement for the temporary construction of the earth support under the old Merimbula Library building.

4. That Council accept a single invitation tender from <insert> in relation to contract for the works described in service road construction drawings and price schedules, in the amount of $1.2 Million (excluding GST). The reason being that extenuating circumstances exist such that the civil contractor appointed by the developer has access to the earthwork/ fill material required for the service road and offers the best value for Council and a better price could not be achieved as there exists a competitive advantage and a satisfactory result would not be achieved by inviting tenders.

5. That the General Manager and Mayor be authorised to execute the Planning Agreement, Road Construction Cost Agreement and the Soil Nail Agreement.

6. That the minutes for Planning be within 14 days of the Planning Agreement being entered into by all parties.

Council 10 June 2015

Item 12.1

12.1. Resourcing Strategy

Council has exhibited the draft Resourcing Strategy which includes the Asset Management Strategy, Workforce Strategy and Financial Strategy for a period of 28 days.

Group Manager Strategy and Business Services

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 the Integrated Planning and Reporting (IPR) framework.

Council first adopted its IPR framework which included the Resourcing Strategy along with the Asset Management Plans, Workforce Plan and Long Term Financial Plan in June 2011.

As required, Council has now conducted significant reviews across each of these areas to enable an updated suite of strategies and plans which were publicly exhibited to the community.

Documents held on public exhibition include:

Resourcing strategy

The resourcing strategy sets the direction and principles that Council will apply to managing its significant infrastructure portfolio, ensuring Council can deliver its core services with appropriate human and financial resourcing.

The key elements of the resourcing strategy are:

Asset management strategy

The asset management strategy details how Council’s asset portfolio will meet the service delivery needs of its community into the future, outlines the framework for Council’s Asset Management Policy to be achieved and ensures the integration of Council’s asset management with its long term financial plan. The asset management strategy assists Council in meeting the requirements of national sustainability frameworks, the State IPR framework and community services in a financially sustainable manner

Workforce strategy

The workforce strategy is developed on the principles of having the ‘right people in the right jobs at the right time’ and having an ‘adaptive and flexible approach so that the organisation is well placed to take advantage of the opportunities provided by the State local government reform agenda’ The workforce strategy defines three strategic priorities, these are:

1. A workplace of choice

2. Right people in the right jobs

3. Wellbeing and safety

Financial strategy

The financial strategy provides a clear direction and context for decision making that guides the future allocation, management and use of its financial resources. The financial strategy sets the parameters within which Council agrees to operate in order to maintain accepted financial outcomes.

Each of these strategies set the direction and principles to guide our organisation in achieving the financially sustainable delivery of assets and services to the community. These strategies are each presented as a chapter of the Resourcing Strategy.

Supporting each strategy is a plan that demonstrates how we will deliver and achieve the directions established in our strategies.

To deliver Council’s Asset Management Strategy a series of asset management plans have been developed. An asset management plan (AMP) details information about infrastructure assets including actions required to provide an agreed level of service in the most cost effective manner. The plan defines the services to be provided, how the services are provided and what funds are required to provide the services.

The following AMPs are presented for consideration

Transport asset management plan

The transport AMP covers the infrastructure assets that serve the Bega Valley Shire Council community’s transport needs. These assets include roads, bridges, drainage, footpaths, cycle ways, roadside furniture and bus shelters throughout the community area that enable people to travel safely and in comfort throughout the Bega Valley Shire.

Recreation asset management plan

The recreation AMP covers the infrastructure assets that serve the Bega Valley Shire Council community’s parks and recreation needs. These assets include sporting facilities, playgrounds and skate parks, parkland areas, natural areas, aquatic facilities and maritime facilities throughout the Shire. These assets provide opportunity and enable the community to enjoy the health, social, psychological and environmental benefits that become available with well managed parkland areas and recreation facilities.

Building asset management plan

The building AMP covers the infrastructure assets that serve the Bega Valley Shire Council community building needs. These assets include halls, libraries, Regional Gallery, office and depots, children’s centres, Council owned museums and other community buildings throughout the community area that enable people to enjoy and participate in a range of activities.

Water asset management plan

The water AMP covers the infrastructure assets that serve the Bega Valley Shire Council community’s water supply needs. These assets include dams, reservoirs, pumping stations, pipelines and treatment facilities throughout the community area that enable people to enjoy a reliable supply of water at a suitable quality and an affordable price

Sewer asset management plan

The sewer asset management plan covers the infrastructure assets that serve the Bega Valley Shire Council community’s sewerage service’s needs. These assets include mains, pumping stations, treatment facilities and treated effluent reuse systems throughout the community area that enable people to be provided with a reliable sewerage system maintaining and protecting the local pristine environment at an affordable price.

Long term financial plan

The long term financial plan (LTFP) is Council’s ten year financial planning proposal that demonstrates how we are resourcing our planned activities. The LTFP is reviewed annually and updated as part of the operational plan process. .

Issues

Legal

Under the Local Government Amendment (Planning and Reporting) Act 2009, Council is required to publicly exhibit for a period of 28 days.

Consultation

Community ‘drop in’ sessions were held in Council library branches during the exhibition period to provide members of the community the opportunity to seek information and ask questions.

Dates of the community ‘drop in’ sessions were advertised via Community Link, Council website, social media and local media releases.

The dates and venues for the ‘drop in’ sessions were:

Wednesday 6 May 4.00-6.00pm Eden Library

Thursday 7 May 4.00-6.00pm Bega Library

Monday 11 May 4.00-6.00pm Bermagui Library

Tuesday 12 May 4.00-6.00pm Merimbula Library

No public submissions were received on the exhibited documents

Conclusion

Council was required to public exhibit its draft resourcing strategy and asset management plans. Public exhibition included documents available in all library branches, online presence and advertisements in local media. This requirement has been met and no public submissions received.

Attachments

Nil

Recommendation

1. That the draft Resourcing Strategy including the Asset Management Strategy, Workforce Strategy, Financial Strategy be adopted.

2. That the draft Long Term Financial Plan be adopted.

3. That the draft Transport Asset Management Plan, Recreation Asset Management Plan, Buildings Asset Management Plan, Water Asset Management Plan and Sewer Asset Management Plan be adopted.

Council 10 June 2015

Item 12.3

12.3. Adoption of 2015-16 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.

Group Manager Strategy and Business Services

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 29 April 2015 Council resolved to place the following documents on public exhibition for 28 days covering the period 1 May –28 2015:

§ Draft Delivery Plan and Operational Plan 2015-16 including the Revenue Policy 2015-16.

§ Draft Operating Budget 2015 – 16

§ Draft Fees and Charges 2015 - 16

SUBMISSIONS

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

Draft Operational Plan 2015-16

The draft Operational Plan 2015-16 details the actions and projects to undertaken to achieve the directions set in the Community Strategic Plan, with half yearly and annual reporting to Council on progress and performance.

There was one submission received on the Draft Operational Plan.

Revenue Policy 2016-16

In conjunction with the adoption of the Operational Plan for the 2015-16 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 2015-16 as:

a) General Fund

(i) General Rates

· to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0040363 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 (the LG Act) and;

· to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0040363 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 516 of the LG Act and;

· to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0072769 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 516 of the LG Act and;

· to make a Base rate of $465.00 on each rateable parcel of land and an ad-valorum rate of 0.0072769 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 516 of the LG Act 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 LG Act 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 LG Act 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 LG Act 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 LG Act 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 LG Act and;

· to make a minimum stormwater charge of $5.00 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 LG Act.

(iii) Domestic Waste and Recycling Collection Charge

· to make an annual Domestic Waste Collection charge of $402.50 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 LG Act 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 $209.50 per annum and for a second recycle service with an additional charge of $110.00.

· to make a waste availability charge of $81.50 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 $55.50 per annum for the monthly 240 litre domestic garden organics collection service for properties categorised as residential in accordance with Section 516 of the LG Act 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 $553.50 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 $232.00 per annum and for a second recycle service with an additional charge of $164.00.

(vi) Commercial Garden Organics Collection Charge

· to make an annual Commercial Garden Organics Collection charge of $55.50 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 LG Act Council hereby resolves:

(i) Water Supply Charges

· to make a charge by measure in the amount $2.70 per kilolitre for all water supplied by Council within or without of its area pursuant to section 502 of the LG Act.

· 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	$203.00	$2.70
25mm Water Connection	1.56	$316.68	$2.70
32mm Water Connection	2.56	$519.68	$2.70
40mm Water Connection	4.00	$812.00	$2.70
50mm Water Connection	6.25	$1,268.75	$2.70
65mm Water Connection	10.56	$2,143.68	$2.70
80mm Water Connection	16.00	$3,248.00	$2.70
100mm Water Connection	25.00	$5,075.00	$2.70
150mm Water Connection	56.25	$11,418.75	$2.70
200mm Water Connection	100.00	$20,300.00	$2.70
Strata Title Units (per unit)	1.00	$203.00	$2.70
Unconnected properties which are able to connect (ie vacant land)		$203.00

· to make an annual Access Charge of $203.00 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 $2.70 per kilolitre;

c) Sewerage Local Fund

Pursuant to Section 501 of the LG Act Council hereby resolves:

(i) Sewerage Service Charges

· to make a flat sewerage service charge of $1,136.00 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 LG Act;

· to make a flat sewerage service charge of $1,136.00 for each residential strata unit connected to the Council's sewerage service network and categorised as residential in accordance with Sections 516 of the LG Act;

· to make a flat sewerage service charge $1,136.00 for each residential non-strata unit connected to the Council's sewerage service network categorised as residential in accordance with Sections 516 of the LG Act;

· to make a flat sewerage service charge $568.00 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act 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 LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $3.78 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 LG Act, calculated on the combination of a flat charge of $1,136.00 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 $568.00 for all properties categorised as business or mining in accordance with Sections 515 and 516 of the LG Act 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	$1,136.00
25mm	1.56	$1,772.16
32mm	2.56	$2,908.16
40mm	4.00	$4,544.00
50mm	6.25	$7,100.00
65mm	10.56	$11,996.16
80mm	16.00	$18,176.00
100mm	25.00	$28,400.00
150mm	56.25	$69,900.00
200mm	100.00	$113,600.00

Liquid Trade Waste

Pursuant to Section 501 of the LG Act Council hereby resolves:

· to make an application fee of $378.00 for new applications and $289.00 for change of use applications.

· to make an annual inspection fee of $128.00 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 LG Act 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 of 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 (LALC) 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 LALC 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 LG Act, 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 LG Act 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 LG Act as advised by the Office of Local Government in its circular numbered 14-06 dated March 21, 2014.

Draft Fees and Charges 2015-16

The Council determines fees and charges for a range of services such as planning and building, library, and children’s services and facility usage. The fees and charges proposed for these services and facilities for the 2015-16 year are detailed in the draft fees and charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

Council management committees were provided the opportunity to submit their draft fees for 2015-16, and these were included within the exhibition document.

A total of seven submissions were received.

Draft Operating Budget 2015-16

Councils draft operating budget takes the 2016 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 2015-16 is in line with the Long Term Financial Plan.

The draft Budget 2015-16 identifies the funding source by function in the Community Strategic Plan themes, and the special rate variations previously approved by the Minister for Local Government and IPART.

Key factors which have informed the budget development include:

· IPART approved an increase of 5% which results in an additional yield of $1.04M including special variation of $440k for public buildings commencing in 2015-2016.

· Estimated Award increases of 2.70% costing $696k across general, water, sewer and waste.

· Addressing the impact of loss of funding from the Federal Government’s capping of Financial Assistance Grants and loss of funding from the State Government and other sources.

The 2016 draft Budget has been developed in conjunction with Council’s Long Term Financial Plan (LTFP). The LTFP “maps” Council’s long term direction including major projects over a ten year period. The LTFP aligns with the Asset Management Plans and service level documents adopted by Council. The LTFP also includes the adopted long term rate pricing path which does not include any special variation in future years.

In summary:

· The 2016 Budget shows Council’s revenue streams increasing by a combined 3.28%.

· As circumstances and opportunities may alter each year, such as natural disaster events or new grants, the Operational Plan and Budget will be reviewed throughout the year. Major changes are reported to Council via the quarterly budget reviews.

There was a total of one submission received in relation to Councils draft 2015-16 budget.

Council requested that three capital projects be considered in the 2015/16 operating budget. Those projects being;

· Town Centre masterplan Implementation (Providing the 2015/16 allocation of $538K to the completion of the Eden town centre masterplan).

· Merimbula Bypass (Bring forward the completion of the project into 2016/17. Allocating $3m in 2015/16 with the balance occurring in 2016/17).

· Littleton Gardens masterplan implementation (Providing for $2m in the 2015/16 operating budget).

The capital funding for each of these projects have been incorporated into the 2015/16 budget. The funding sources for these projects are through loan borrowings. The repayment of these loans will not commence until the 2016/17 financial year and will be incorporated into that year’s budget.

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, Council administration centre, and public notice in local papers. In addition, Council hosted four ‘drop in sessions’ with all material available and senior staff and Councillors available for community discussion and feedback.

A table summarising all submissions will be posted online prior to the Council meeting and tabled at the Council meeting and circulated to Councillors.

Conclusion

Council has placed all plans within the Integrated Planning and Reporting framework on public exhibition for the required period of 28 days.

Attachments

Nil

Recommendation

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

2. That Council makes the Rates and Charges for the 2016 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 the Draft Operating Budget be adopted.

Council 10 June 2015

Item 13.1

13.1. 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 2015.

Group Manager Strategy and Business Services

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 Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the Strategy and Business Services 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 (the Act) determines money may only be invested in a type of investment authorised by order of the Minister for Local Government and 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 the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under section 625 of the Act.

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Policy

Council has 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 $51,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	March 2015	April 2015	May 2015
General Fund	$25,004,000	$19,004,000	$19,004,000
Water Fund	$16,796,000	$16,796,000	$16,796,000
Sewer Fund	$15,200,000	$15,200,000	$15,200,000

In addition, there is $3,189,550 in uninvested funds in Council’s 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	$9,528	$10,264	$2,402	$22,194
Water Fund	$5,099	$11,697		$16,796
Sewer Fund	$3,255	$11,945		$15,200

The restrictions reported in Table 2 relate to 30 June 2014.

Council formally calculates its Restrictions as at 30 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 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. 2015.06.10 Council Report No Investment Report May 2015

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.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

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

Council	10 June 2015
*Item 8.2 - Attachment 1*	Site plan

Council	10 June 2015
*Item 8.2 - Attachment 2*	Locality plan

Council	10 June 2015
*Item 8.2 - Attachment 3*	Section 79C assessment

Council	10 June 2015
*Item 8.2 - Attachment 4*	Draft Consent

Council	10 June 2015
*Item 8.3 - Attachment 1*	Recommended amendments to Development Control Plan 2013

Council	10 June 2015
*Item 8.4 - Attachment 1*	Court Order and Consent

Council	10 June 2015
*Item 9.1 - Attachment 1*	Twyford Hall Incorporated - Letter to Leanne Barnes NSRF

Council	10 June 2015
*Item 9.1 - Attachment 3*	Old Bega Hospital Reserve Trust letter to the General Manager

Council	10 June 2015
*Item 9.1 - Attachment 4*	Old Bega Hospital Reserve Trust Draft Management Plan

Council	10 June 2015
*Item 9.1 - Attachment 5*	Old Bega Hospital Proposal Regional Community and Cultural Centre

Council	10 June 2015
*Item 11.1 - Attachment 1*	Draft Plan of Subdivision - South East Regional Hospital Sewage Pump Station

Council	10 June 2015
*Item 11.2 - Attachment 1*	Bega Civic Centre Chamber fit out

Signed
Print Name	Councillor

Council	10 June 2015
*Item 11.3 - Attachment 1*	Main Street Properties Service Road Planning Agreement

Council	10 June 2015
*Item 11.3 - Attachment 3*	Merimbula Service Road -VPA letter

Council	10 June 2015
*Item 11.3 - Attachment 4*	Planning Agreement Merimbula Service Road

Council	10 June 2015
*Item 13.1 - Attachment 1*	2015.06.10 Council Report No Investment Report May 2015

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

2 Apologies and requests for leave of absence

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

9 Staff Reports – Community, Culture and Leisure (Liveability)

10 Staff Reports –Economic Development and Business Growth (Enterprising)

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

10 June 2015

Staff Reports –Planning And Environment (Sustainability)

10 June 2015

8.1. Proposed amendment to Local Environmental Plan 2013: Lot 331 DP 1035434 Bermagui Cobargo Road, Cobargo

Background

Overview of Planning Proposal

Access

On-site effluent disposal

Subdivision design

Conclusion

Attachments

Recommendation

Precis

Description of the proposal

Description of the site

Planning assessment

Zoning

Issues

Submissions

Conclusion

Attachments

Recommendation

Precis

Background

Details of Proposed Modification

Staff Assessment

Submissions

Conclusion

Attachments

Recommendation

Council

10 June 2015

Staff Reports – Community, Culture and Leisure (Liveability)

10 June 2015

Council

10 June 2015

Staff Reports – Infrastructure Waste And Water(Accessibility)

10 June 2015

Council

10 June 2015

Staff Reports – Governance And Strategy (Leading Organisation)

10 June 2015