Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 2 November 2016 commencing at 2.00 PM to consider and resolve on the matters set out in the attached Agenda.

 

24 October 2016

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

Copy:

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Mrs Janelle Curtis

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing Of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for  presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

·      Is it consistent with Government policy, Council’s objectives and Code of Conduct?

·      What will the outcome be for you, your colleagues, the Council, anyone else?

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

·      Can the decision be justified in terms of public interest?

·      Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

·         Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

·         Is it likely I could be influenced by personal interest in carrying out my public duty?

·         Would a fair and reasonable person believe I could be so influenced?

·         Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

·         Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st       Do I have private interests affected by a matter I am officially involved in?

2nd     Is my official role one of influence or perceived influence over the matter?

3rd      Do my private interests conflict with my official role?

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

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

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

 


TO:      The General Manager
Bega Valley Shire Council

 

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act 1993  and regulations or dispensation issued by the Office of Local Government  I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd            mm         yy

Item no & subject

 

Interest (tick one)

Pecuniary interest                  Non-pecuniary conflict of interest

* Nature of interest

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

Item no & subject

 

Interest (tick one)

Pecuniary interest                 Non-pecuniary conflict of interest

* Nature of interest

 

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

 

 

 

 

Signed

 

Print Name

 

 

*  Note:  Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

 

 


Council

2 November 2016

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 12 October 2016 as circulated, be taken as read and confirmed.

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Urgent Business

 

8       Adjournment to Standing Committees

Recommendation

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

9       Staff Reports – Planning and Environment (Sustainability)

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

9.1                Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach - Planning Proposal to rezone the land to B5 Business Development................................................................................................................. 9

9.2                Addition to Office Space Redfern Close South Pambula......................................................... 41

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

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

10.1              Sportsground Committee Nominations....................................................................................... 58

10.2              Community Hall Committee Nominations................................................................................... 61

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

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

11.1              Classification of land recently acquired by Council ................................................................. 88

11.2              Licenses for the use of Council Reserves................................................................................... 90

12     Staff Reports – Infrastructure Waste and Water (Accessibility)

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

12.1              Proposed New Road Name: Grey Box Place, Millingandi........................................................ 98

12.2              Acquisition of Land for Public Road at South Wolumla......................................................... 104

12.3              Proposed New Road Names in Bermagui................................................................................. 109

12.4              Re-naming of eight roads within the Biamanga and Gulaga National Parks........................ 125

13   Staff Reports – Governance and Strategy (Leading Organisation)

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

13.1              Pecuniary Interest Returns - 1 July 2015 to 30 June 2016................................................... 140

13.2              'Understanding Our Place' report and Draft Community Ambitions................................... 147

13.3              RFT 78/16 Building Condition Assessment and Quantity Survey for Council's buildings 153t.

14     Staff Reports – Finance (Leading Organisation)

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

Nil Reports.

15     Adoption of Reports from Standing Committees

Recommendation

That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.

 

16     Delegates Reports

 

17     Rescission/alteration Motions

 

18     Notices of Motion

18.1              Constitutional Referendum - Popularly Elected Mayor......................................................... 156

18.2              Hotel Australasia........................................................................................................................... 157

 

19     Questions On Notice

19.1              Cr Nadin - Estuary and Catchment Management.................................................................... 159

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

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

Statement of Re-Commencement of Live Streaming

22     Adoption of reports from Closed Session

23     Resolutions to declassify reports considered in closed session  

 


Council

2 November 2016

 

 

Staff Reports –Planning And Environment (Sustainability)

 

2 November 2016

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Seckold.  

9.1              Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach - Planning Proposal to rezone the land to B5 Business Development................................................................................. 9

9.2              Addition to Office Space Redfern Close South Pambula..................................... 41


Council 2 November 2016

Item 9.1

 

9.1Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach - Planning Proposal to rezone the land to B5 Business Development     

 

The owner of the land has formally requested the New South Wales (NSW) Department of Planning and Environment for a review of the decision to refuse “Gateway” approval for the Planning Proposal. The purpose of this report is to seek a Council resolution in respect of the review request.

 

Director Planning and Environment  

 

Background

Council at its meeting held on 6 April 2016 gave consideration to a report regarding the Planning Proposal lodged by DFP Planning Consultants, on behalf of the owner of the land, Bunnings Group Ltd, to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development and resolved the following:

1.         That the Planning Proposal to rezone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development be endorsed.

2.         That the Planning Proposal be lodged with the NSW Department of Planning Gateway Panel.

3.         The proponent be advised of Council’s Resolution.

The Planning Proposal was lodged with the Department of Planning and Environment on 28 April 2016 requesting a Gateway determination.

The Deputy Secretary, Planning Services, Department of Planning and Environment advised by letter dated 15 August 2016 that:

As delegate of the Minister for Planning I have now determined the Planning Proposal should not proceed for the reasons set out in the attached Gateway determination.”

[Attachment 1 – Gateway Determination]

Council received advice from the NSW Department of Planning and Environment dated 28 September 2016 that the proponent is seeking a review of the Gateway Determination.

The advice includes the proponent’s justification for seeking a review and invites Council to provide its views about the Planning Proposal.

[Attachment 2 – Request for Gateway Review]

An interim reply was forwarded to the Department advising Council would not be in a position to consider the matter within the 21 day submission period and that the matter would be considered at the Council meeting to be held on 2 November 2016. The interim reply restated (the previous) Council’s Resolution of 6 April 2016.

Gateway Determination Review Process

The request for review, and any submissions received, will be considered by the Southern Joint Regional Planning Panel (JRPP) who will consider whether to support the request for the matter to proceed. The JRPP decision will be submitted to the Minister for Planning for final determination.

Council will have the opportunity to address the JRPP meeting and it is recommended the Mayor, or Councillor delegate, present Council's position to the JRPP.

Request for Review of Gateway Determination

The proponent’s request for review is included as Attachment 2 to this report.

In summary, the request for review states:

        “There appear to be two main factors of the Gateway Determination.

The first relates to the compatibility of development that can be undertaken within a B5 zone with the adjoining seniors' housing development. Compatibility of adjoining land uses would be required to be considered irrespective of the zoning of the land. Any Development Proposal for this site would be subject to a future Development Application and that Application would be assessed against the Matters for Consideration detailed in Section 79C(1)(c) of the NSW Environmental Planning and Assessment Act 1979 (EP&A Act) - Suitability of the site for the development.

It is considered that potential conflicts that might arise as a result of the development of this site in accordance with land uses which are permissible in the B5 zone are capable of being managed to ensure the amenity of residents of the adjoining seniors' housing development is not adversely affected. In this regard, therefore, it is considered that this is not a compelling reason as to why the Planning Proposal should not proceed.

The second factor relating to this Planning Proposal appears to be that it involves a 'major commercial development' in a location other than the Bega regional centre. In this regard, areas adjoining the Bega town centre, as well as industrially zoned land to the north and south of Bega were investigated to ascertain if a suitable location was available. As detailed in Section 3.2 of this report, no suitable sites were found due to a number of constraints including topography, lack of visibility and exposure and potentially unsafe traffic movements.

Many of the land uses that are permissible in the B5 zone utilise a large floor plate and, as a consequence, require sites that are relatively flat, or have gentle topography. This feature (i.e. - large floor plates) is also recognised in the mandated objective for the B5 zone as noted in the Standard Instrument LEP:

To enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

It is acknowledged that as the regional centre, major development proposals should seek to locate in Bega, where appropriate. However, where there are no sites that are suitable for a particular activity and where it can be demonstrated that accommodating a use in an alternative location can be undertaken without disrupting the network of centres in the LGA or undermining the primacy of Bega as the principal centre of the region, the option of zoning land to accommodate those uses, which will make a significant contribution to the local economy in terms of job creation, should be considered favourably.

As discussed in Section 3.5 of this report (and Section 4 of the supplementary economic advice at Appendix 3), there are no suitable sites available in Bega with the appropriate attributes suitable for the location of a Bunnings. Furthermore, no strategic policy framework exists that provides Bunnings with a reasonable expectation that such a site would be made available.”

        “As noted in the Essential Economics supplementary advice:

In effect, the interpretation of the policy identified in the Gateway Determination provides the contradictory position that:

·    Bunnings should preferably be located at the Bega regional centre

·    No Bunnings can actually be accommodated by existing land use policy applying in Bega.

For this reason, the relevant policies did not anticipate the commercial success and demand for the Bunnings warehouse retail format in regional areas. This reflects a shortcoming of those policies in the current context of contemporary retail industry and consumer expectations.

“This report has provided detailed discussion as to how a B5 zoning of the subject site would relate to the Tura Beach local centre and the network of centres in the Bega Valley LGA and has demonstrated that, rezoning of the subject site to B5 would not undermine the established network of centres in the LGA and would be entirely consistent with the objectives of the B5 zone.

Further, Council is of the opinion that this Planning Proposal is not inconsistent with their adopted strategies and therefore a review of these is not required in order for this Planning Proposal to proceed.

For the reasons detailed in the report and the attached supporting documentation, it is considered that a reconsideration of the Gateway Determination issued in relation to the rezoning of Lots 33 and 34 DP 243029 is unreservedly justified.”

Planning Comments

Council, at its meeting held on 6 April 2016, resolved to support the Planning Proposal submitted by DFP Planning Consultants, on behalf of the owner Bunning Group Ltd to zone the land B5 Business Development.

The request for review includes additional information addressing the reasons given for the NSW Gateway Panel Determination and provides additional justification for the B5 zone.

There is no change to the proposal outlined in the Planning Proposal considered by (the previous) Council at the meeting of 6 April 2016.

Conclusion

The proponent has lodged a request for review of the NSW Gateway Determination that the Planning Proposal should not proceed.

The review will be considered by the Southern Joint Regional Planning Panel. The Panel's position on the review will be considered by the Minister for Planning in making the determination of the review request.

As part of the review process, Council has been invited to provide comment on the proponent’s request for review.

 

Attachments

1.            Gateway Determination

2.            Request for Gateway Review

 

Recommendation

1.         That Council give consideration to the request for review of the NSW Department of Planning and Environment Gateway Determination of 15 August 2016 in respect of the Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development and resolves a position on the request for review.

2.         That Council advise the Southern Regional Office of the NSW Department of Planning and Environment of the resolution.

3.         That the Mayor {or Councillor} addresses the Southern Joint Regional Planning Panel meeting to support Council's resolution.

 


Council

2 November 2016

Item 9.1 - Attachment 1

Gateway Determination

 


 


 


Council

2 November 2016

Item 9.1 - Attachment 2

Request for Gateway Review

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 2 November 2016

Item 9.2

 

9.2. 2016.357 Addition to Office Space Redfern Close South Pambula        

 

Director Planning and Environment  

 

 

Applicant

N J Bobbin

Owner

N J Bobbin

Site

Lot 71 DP 1074392, 12 Redfern Close South Pambula

Zone

IN1 General Industrial

Site area

11.599 hectares

Proposed development

Addition of office space to industrial premises

Precis

Council is in receipt of a development application for the erection of a new office building and its subsequent use in conjunction with the existing freight transport facility - Bobbins Transport Pty Ltd.

In accordance with Council adopted Policy 3.01.4 Councillor/Staff – Determination of Development Applications, the application is referred to Council for determination on the basis that Cr Russell Fitzpatrick is an employee of Bobbins Transport Pty Ltd.

Approval is recommended.

Description of the proposal

The application provides for the erection of a small office building (69.8m2) comprising four (4) offices and a central reception area.

Timber like wall cladding and factory pre-coloured metal roof sheeting would be used in its construction.

The building would be located immediately to the north of the existing office building on a level section of the site currently used for parking. Displaced car parking would be accommodated elsewhere on site.

The building would be connected to all available services.

The proposed development is designed to improve staff amenity and working conditions. There would be no increase in office employee numbers or working hours.

Detailed plans of the proposed office building and its location on site are shown in Attachment 1.

Description of the site

The subject land is located on the western side of Redfern Close and adjoining Mount Darragh Road. The land currently supports a longstanding freight transport facility (Bobbins Transport).

See attached locality plan (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 highlight the key issues of the proposal in this report for Council’s consideration.

The proposal complies with Council’s Local Environmental Plan and Development Control Plan and will have minimal environmental impact. As such, the application is recommended for approval, subject to standard consent conditions.

A copy of the assessing officer’s Section 79C assessment will be available at the meeting.

Zoning

The subject land is located within an IN 1- General Industrial Zone under the provisions of the Bega Valley Local Environmental Plan 2013 with the proposed development a permissible use with Council consent.

Issues

Policy - Procedure 3.01.4 Councillor/Staff – Determination of Development Applications

The Policy applies to any development application lodged where a Councillor or senior member of staff is connected to the application, for example as an applicant, owner, employee or relative. The Policy in those circumstances requires the referral of the development application to the Council for consideration and determination.

In accordance with adopted Policy, the application is referred to Council for determination on the basis that Cr Russell Fitzpatrick is an employee of Bobbins Transport Pty Ltd.

Submissions

The development application was placed on exhibition for a period of 14 days from 8 September 2016 until 22 September 2016. No submissions were received in relation to the development.

Conclusion

The application provides for the erection of additional office accommodation to be used in conjunction with the existing freight transport facility. The new offices will improve staff amenity and working conditions.

The matter is referred to Council for consideration and determination solely on the basis that Cr Fitzpatrick is an employee of Bobbins Transport Pty Ltd and as such, Policy 3.01.4 Councillor/Staff – Determination of Development Applications applies.

 

Attachments

1.            Development Plans

2.            Locality Plan

3.            Draft Consent

 

Recommendation

That Development Application 2016.357 for the erection of an office building at Lot 71 DP 1074392, 12 Redfern Close South Pambula be approved subject to conditions as provided in the Draft Consent attached to the report.

 


Council

2 November 2016

Item 9.2 - Attachment 1

Development Plans

 


 


 


 


 


Council

2 November 2016

Item 9.2 - Attachment 2

Locality Plan

 


Council

2 November 2016

Item 9.2 - Attachment 3

Draft Consent

 


 


 


 


 


 

 

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

2 November 2016

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Griff.  

10.1            Sportsground Committee Nominations............................................................... 58

10.2            Community Hall Committee Nominations.......................................................... 61


Council 2 November 2016

Item 10.1

 

10.1. Sportsground Committee Nominations      

 

Nominations for positions on Council’s Sportsground Committees are presented for Council endorsement.

 

Director Community, Relations and Leisure  

 

Background

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator or spectator.

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking, development of friendships and can improve social skills.

There are currently 15 sportsground sites managed by Council across the Shire, with volunteer committees in place at many sites and working in partnership with Council.

Council welcomes the participation of volunteers in the care, maintenance and management of the sportsgrounds. The willingness of local people to donate their time and energy is a determining factor in Council’s capacity to deliver the range and quality of facilities that are enjoyed by the broader community.

Council’s adopted framework is based on two levels of committees – the General Sportsgrounds Committee and Community Sportsground Committees for individual sportsground sites. Council’s General Sportsgrounds Committee is constituted under Section 355 (S355) of the Local Government Act 1993 (the Act).

The S355 General Sportsgrounds Committee provides input to Council on the operation, management and maintenance of sportsgrounds across the Shire. The General Sportsground Committee Guidelines which was adopted by Council in December 2014, states that nominations for all Community Sportsground Committees are sought in line with Council elections every four years for appointment by the incoming Council. The committees at Council’s ‘Regional’ and ‘District’ level facilities then nominate delegates to represent them on the S355 General Sportsgrounds Committee.

Nominations have been called for people interested in membership of the various Community Sportsground Committees. Each committee requires a minimum of five (5) and maximum of twelve (12) community members to function.

Three sportsgrounds have at this stage not received sufficient nominations to form a committee (Barclay Street, Wyndham and Candelo). Council staff will work closely with former committee members and the major user groups at these sites to work towards committees being formed. There were no committees that received more nominations than positions available.

Details of the nominees received are provided to Councillors in the confidential attachment.

Issues

Legal

Under the Act at S355 (b) Council can exercise its functions by a Committee of Council. Such committees need not be committees established under clause 260 of the Local Government (General) Regulation 2005. If so Part 10 of the Regulation does not apply to the committees. The members of such committees may therefore be wholly comprised of persons who are not officers or Councillors of the Council.

Section 377(1) of the Act permits the Council to delegate its functions to such a body and provides the Council may do so conditionally. As a result it is usual for a Council who is delegating functions to a committee to do so in accordance with a ‘Constitution’ which prescribes the manner in which the committee must operate in order to exercise its functions.  The relevant Committee Guidelines for Council Committees form this Constitution.

The roles and responsibilities of the S355 General Sportsgrounds Committee and the individual Community Sportsground Committees are outlined in the S355 General Sportsground Committee Guidelines and the Sportsground Committee Operations Manual previously adopted by Council.

Strategic

The management of Council sportsgrounds via committees address a number of outcomes in the Bega Valley Community Strategic Plan 2030 inclusive of the strategic outcomes A2.3 Safe and well maintained built facilities meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community, and L4.6 Volunteer program developed and implemented across whole of shire, and LO3.1 Residents are informed about and involved in Council’s decision making.

Operational Plan

Council’s sportsground management systems are identified in the Operational Plan and Budget 2016-2017 under the strategic action A2.3.1 Consolidate partnerships with community groups in managing and maintaining some community assets such as halls, playgrounds and sporting grounds/facilities.

Asset

The individual sportsground committees play an important role in managing and maintaining the sites across the Shire. Without the involvement of these committed volunteers, Council would require additional resources to operate these facilities and maintain them to a standard that meets community expectations.

Facility Management Plans (adopted by Council) are in place for six sportsgrounds across the Shire. These were developed in consultation with the individual committees and various user groups and stakeholders and they continue to be a key reference point for the management of these facilities by Council and committee members.

Social / Cultural

Council supports over 350 volunteers, many of whom are involved in sportsgrounds as committee members and/or volunteers.

These volunteers and the individual site committees play a key role in meeting the following objectives:

  - Encouraging community health and wellbeing through opportunities to participate in sports and recreational activities;

- Providing community facilities that are accessible to all community members;

- Providing sportsgrounds that offer the best possible ‘fit-for-purpose’ facilities; and

- Increasing the multi-use potential of sporting and ancillary facilities to see sites are adaptable and well used into the future.

Consultation

In preparation of the call for nominations, discussion around the process of nomination to committees occurred at the most recent General Sportsground Management Committee meeting.

Each individual committee was contacted to request members to re-nominate in August, followed by numerous emails, phone calls and Shire-wide advertising via newspapers, Council’s website and Village Newsletters, posters and social media.

Financial and Resources

There is no direct financial impact from this appointment process. The impact of not supporting and growing the community committees has the potential to impact the Council’s budget; however as Council officers will be required to undertake more management and maintenance tasks.

The nomination process and subsequent induction and training for successful nominees are conducted by Council’s Community Development team. Officers will provide ongoing support for committee members to carry out their delegations.

Conclusion

In total 47 individual nominations to Council’s Community Sportsground Committees have been received, along with the Bemboka Lions Club – trustees at Colombo Park (nominations are included on the attached Confidential Memorandum). This reinforces the commitment from a broad cross section of the community to supporting these valuable assets.

A small number of committee members have decided not to re-nominate, many having served their community on these Committees for long periods of time. It is appropriate that retiring Committee members are thanked for their important contribution. Council officers will contact each of these people individually to thank them for their efforts.

 

Attachments

1.            Community Sportsground Committee Nominations (Councillor Only) (Confidential)

 

Recommendation

1.         That Council note the report.

2.         That nominees to Council’s individual Community Sportsground Committees listed in the Confidential attachment be appointed [insert names].   

3.         That Council officers carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

4.         That retiring committee members be thanked for their contribution to the respective committees.

 


Council 2 November 2016

Item 10.2

 

10.2. Community Hall Committee Nominations     

 

Nominations for positions on Council’s Community Hall Committees and an updated Community Hall Committee Guidelines and Operations Manual are presented for Council endorsement.

 

General Manager  

 

Background

Council manages 18 community halls across the Shire, each unique in its own way, and reflective of the community in which it is located. Council welcomes the participation of volunteers in the care, maintenance and management of these community halls. The willingness of local people to donate their time and energy is a determining factor in the Council’s capacity to deliver the range and quality of facilities that are enjoyed by the broader community. The engagement of community members in individual halls ensures they are activated and catering to local needs and aspirations.

Community Hall Committee Guidelines and Operations Manual

The Community Hall Committee Guidelines and the Community Halls Operations Manual were last adopted by Council in 2012 as two separate documents. These documents have recently been reviewed, updated and combined to form the Community Hall Committee Guidelines and Operations Manual and are presented to Council for endorsement. Hall Committees members have had an opportunity to comment on the draft documents and their feedback has been considered in its drafting.

Council’s adopted framework is based on two levels of Committees – the S355 General Halls Management Committee and Community Hall Committees for individual halls. Council’s S355 General Hall Management Committee is constituted under Section 355 of the Local Government Act1993 (the Act).

The S355 General Halls Management Committee provides input to Council on the operation, management and maintenance of halls around the Shire. The Committee is chaired by a Councillor with membership comprising one representative, and one alternate representative from each individual Community Hall Committees.

Under the Guidelines, nominations for all Community Hall Committees are sought, in line with Council elections every four years, for appointment by the incoming Council. Each of those Committees then nominates one representative and an alternative to represent them on the S355 General Halls Management Committees.

Community Hall Committee Nominations

Nominations have been called for people interested in membership of Community Hall Committees.

Each Committee requires a minimum of five and maximum of twelve community members (no Councillor delegate) to function.

Four community halls have not received sufficient nominations to form a Committee (Brogo, Pambula, Tathra, and Towamba). Council officers will work closely with former Committee members and volunteers to encourage new Committee members for these halls and these will be reported to a future Council meeting. In the interim, bookings are being managed by experienced and committed volunteers and, in the case of Tathra Hall, by Council officers. There were no Committees that received more nominations than positions available.

Details of the nominees received are provided to Councillors in an attached Confidential Memorandum.

Issues

Legal

Under the Act S355 (b), Council can exercise its functions by a Committee of Council. Such Committees need not be committees established under clause 260 of the Local Government (General) Regulation 2005. If so Part 10 of the Regulation does not apply to the committees. The members of such committees may therefore be wholly comprised of persons who are not officers or Councillors of the Council.

Section 377(1) of the Act permits the Council to delegate its functions to such a body and provides the Council may do so conditionally. As a result, it is usual for a Council who is delegating functions to a Committee to do so in accordance with a ‘Constitution’ which prescribes the manner in which the Committee must operate in order to exercise its functions.  The relevant Committee Guidelines for Council Committees form this Constitution.

The roles and responsibilities of the S355 General Hall Management Committee and the individual Community Hall Committees are outlined in the attached Guidelines. The main objectives are:

S355 General Halls Management Committee

·    Make recommendations to Council on any aspect of community hall building management and/or committee operations;

·    Make recommendations to Council on appropriate fees and charges structures for community halls;

·    Recommend financial allocations for individual halls from Council funds and/or funds from other sources; and

·    Establish working groups or special task groups where required and report back to the committee.

Individual Community Hall Committees

·    The general care and maintenance of the facility;

·    The management of bookings for the broader community use of the facility; and

·    Nomination of a representative and an alternate for appointment by Resolution of Council to the Section 355 General Hall and Building Committee.

Strategic

The management of Council halls via Committees addresses a number of outcomes in the Bega Valley Community Strategic Plan 2030 inclusive of the strategic outcomes: A2.3 Safe and well maintained built facilities to meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community; L4.6 Volunteer program developed and implemented across whole of shire; and LO3.1 Residents are informed about and involved in Council’s decision making.

Operational Plan

Council’s hall management systems are identified in the Operational Plan and Budget 2016-2017 under the strategic action A2.3.1: Consolidate partnerships with community groups in managing and maintaining some community assets such as halls, playgrounds and sporting grounds/facilities.

Asset

Hall Committees play an important role in managing and maintaining hall assets. Without the involvement of these committed volunteers, Council would require additional resources to operate these facilities and maintain them to a standard that meets community expectations.

Facility Management Plans are in place for community halls across the Shire. These were developed in consultation with the individual Hall Committees and they continue to be a key reference point for the management of these facilities by Council and Committee members.

Social / Cultural

Council supports over 350 volunteers, many of whom are involved in community halls as Committee members and/or volunteers. These halls are important spaces where people of all ages come together, engage in cultural and recreational activities, create connections and build stronger communities.

Local community volunteers play a crucial role in ensuring each hall is activated and reflects the community in which it is located. The engagement of local people in community halls enables Council to better understand and respond to local community needs and aspirations.

Consultation

In preparation of the call for nominations, regular discussion around the process of nomination to committees occurred at General Hall Management Committee meetings. Each individual Committee was contacted to request members to re-nominate in August 2016. Other means of contact undertaken as part of the re-nominations process included: numerous emails; phone calls; shire wide advertising via newspapers; Council's website and Village Newsletter; posters and social media. Council’s Place Based Officers distributed information in localities and promoted membership where numbers were looking low.

Community committees were consulted in the development of the Committee Guidelines and Operations Manual. Feedback from former Community Hall Committee members was considered and is reflected in the more streamlined Manual.

Financial and Resources

There is no direct financial impact from this appointment process. The impact however of not supporting and growing the community committees has the potential to impact the Council’s budget as facilities may return to Council for day to day operations and maintenance.

The nomination process and subsequent induction and training for successful nominees are conducted by Council’s Community Development team. Staff will provide ongoing support for Committee members to carry out their delegations.

Conclusion

The Community Hall Committee Guidelines and Operations Manual set out the responsibilities of the S355 General Halls Management Committee and Community Hall Committees and provide relevant information to support these valuable volunteers to carry out their roles. It has been revised, updated and streamlined and is recommended for endorsement.

In total 84 nominations to Council’s Hall Community Committees have been received. Individual nominations are included on the attached Confidential Report. This reinforces the commitment from a broad cross section of the community to supporting these valuable assets.

A small number of Committee members have decided not to re-nominate, many having served their community on these committees for long periods of time. It is appropriate that retiring Hall Committee members are thanked for their important contribution; Council officers will recognise each of these people individually to thank them for their efforts.

 

Attachments

1.            2016.11.02 Confidential Memo Community Hall Committee Nominations (Councillor Only) (Confidential)

2.            2016.11.02 Attachment Community Hall Committee Guidelines and Operations Manual

 

Recommendation

1.         That Council note the report.

2.         That the draft Community Hall Committee Guidelines and Operations Manual be endorsed by Council.

3.         That nominees to Council’s individual Community Hall Committees listed in the attached Confidential Councillor Memo be appointed

             [insert table below].

4.         That Council officers carry out further promotion of vacant Committee positions and subsequently report the matter to Council for any additional appointments.

5.         That retiring Committee members be thanked for their contribution to the respective Committees.

 


Council

2 November 2016

Item 10.2 - Attachment 2

2016.11.02 Attachment Community Hall Committee Guidelines and Operations Manual

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


Council

2 November 2016

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

2 November 2016

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Nadin.  

11.1            Classification of land recently acquired by Council ........................................... 88

11.2            Licenses for the use of Council Reserves............................................................ 90


Council 2 November 2016

Item 11.1

 

11.1. Classification of land recently acquired by Council       

 

On 29 June 2016 Council received a Confidential Report regarding the property at 243 – 245 Newtown Road in Bega.  This report seeks approval to declassify that Report and to commence a public notification process to classify the land recently acquired as Operational Land under the Local Government Act 1993.

 

Director Strategy and Business Services  

 

Background

Council officers presented a Confidential Report to Council on 29 June 2016 regarding the opportunity to acquire the property located at 243 – 245 Newtown Road in Bega.

The acquisition of the above site was completed on 6 September 2016 and this report is therefore seeking approval to declassify the Closed Session Report and Attachments of 29 June 2016 as well as approval to commence the public notification process required to classify the land under Section 34 of the Local Government Act 1993 (the Act).

Issues

Policy

Section 31 of the Act provides that a property may be classified within 3 months of acquisition by Council Resolution or it automatically defaults to community land.  Section 34 of the Act further provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions.

Conclusion

Council resolved to purchase the property with settlement taking place on 6 September 2016.  Council Resolution is therefore sought to declassify the Closed Session Report and Attachments on this matter and to commence the public notification process required under Section 34 of the Act to classify the land as Operational. 

 

Attachments

1.            Council Report of 29 June 2016 - Bega Land Matters (Councillor Only) (Confidential)

2.            Closed session meeting minutes 29 June 2016 - Bega Land Matters (Councillor Only) (Confidential)

3.            Executed Contract of Sale for 243 - 245 Newtown Road Bega (Councillor Only) (Confidential)

4.            Opeton Property Group Valuation report 243-245 Newtown Road Bega (Councillor Only) (Confidential)

 

Recommendation

1.         That Council formally resolve to declassify the subject report and Attachments from the closed session meeting of 29 June 2016.

2.         That Council give notice of its intention to classify the land as Operational Land under Section 34 of the Local Government Act 1993.

 


Council 2 November 2016

Item 11.2

 

11.2. Licenses for the use of Council Reserves     

 

Council officers have recently completed an expression of interest process via public tender for the use of Council owned and managed reserves throughout the Shire by third parties.  This report details the results of the tender and seeks formal Council approval to grant licence agreements to the successful applicants.

 

Director Strategy and Business Services  

 

Background

In order to obtain Minister's consent for the use of Council managed Crown Reserves, Council (as Reserve Trust Manager) is required to carry out an open and transparent public competition process which meets with the provisions of the Independent Commission Against Corruption (ICAC) Direct Negotiations Guidelines.  This requirement applies to all NSW Councils.  Rather than perform this onerous task on an ad-hoc basis, as requests are received throughout the year, Council officers will now be conducting a public tender once per annum for the use of any reserves throughout the Shire by community groups, sporting organisations and commercial entities.  As a result of this annual process, longer term licence agreements will be awarded to successful applicants, with those reserves not available for further tender for that purpose until those agreements have expired.  The exception being of course, that any new proposal does not conflict with the current licence ie. an unrelated use or trading times proposed.

The first annual Expression of Interest (EOI) 57/16  - Use of Council Reserves was conducted by Council officers during the months of July and August this year.  The tender was available on Council’s e-Tendering portal for a period of 28 days, with a total of 14 parties registering and downloading the tender documents.  A total of seven expressions of interest were received and evaluated against the set criteria by a Tender Evaluation Panel comprising of Council’s Supply Services Coordinator, Group Business Coordinator and Property Officer.

All seven EOI submissions were considered to be conforming and no multiple applications were received for use of the same site.  Existing market organising committees throughout the shire were also encouraged to submit a tender as part of this process in order to formalise their use of those reserves.  The EOI’s received were from the following:-

1.         Bar Beach Kiosk Pty Ltd – Continued operation of Bar Beach Kiosk, Merimbula

2.         Mr G Ice Cream – Operate Mobile Vending Vehicle from Spencer Park, Merimbula

3.         Mr G Ice Cream – Operate Mobile Vending Vehicle from Short Point, Merimbula

4.         Expresso Yourself – Operate Mobile Vending Vehicle from Mogareeka Boat Ramp, Tathra

5.         Sapphire Coast Producers Association – Weekly Farmers Market, Littleton Gardens, Bega

6.         Candelo Market Committee – Monthly Market, Candelo Recreation Ground, Candelo

7.         Rotary Club of Merimbula – Monthly Market, Ford Oval, Merimbula

 

Issues

Legal

Development Consent was recently provided to the Sapphire Coast Producers Association (SCPA) to hold their market weekly rather than each fortnight as has been the case for many years.  A condition of Development Consent was for SCPA to establish a formal licence to occupy the site.  Due to the fact Council had been in caretaker mode during the tender process, a temporary licence was entered into with SCPA so that they could commence operating their Farmers Market on a weekly basis.  This short term arrangement will terminate once formal approval to a longer term licence is granted by Council and the Minister for Lands and the appropriate paperwork executed.

It is anticipated that if approved by Council and the Minister, all new licence agreements will be in place by the end of November 2016, to enable trading by the licensees during the busy summer period.  

Strategic                                                      

All of the EOI’s received were evaluated based on the following criteria:

 

Criteria

Weighting

Economic activity, made up as follows:

Demonstrates how the activity will generate local economic activity and supply for local business.

10%

Demonstrates how the activity will attract external visitation to the area.

10%

Demonstrates how the activity will enhance the enjoyment for reserve users.

10%

Other benefits to the community, made up as follows:

Demonstrates what the level of community participation will be.

15%

Demonstrates what other benefits the community will receive from the activity.

15%

Experience and qualifications, made up as follows:

Demonstrated previous experience in the proposed activity.

10%

Evidence of appropriate accreditation and/or qualifications supplied.

10%

Sustainability, made up as follows:

Is the activity self-sustaining?

10%

If not, how likely is it that the activity will continue without ongoing external support?

10%

 

A copy of all tenders received as well as the evaluation assessment is attached for the information of Councillors. 

Economic

Each of the proposals received provide a level of economic activity or benefit to the community.  The three local markets in particular, attract many locals and visitors to the region and showcase locally made food, goods and seasonal produce.     

Policy

Council’s Use of Public Land (Local Approvals Policy) authorises short term use of Council managed Crown Land for many purposes including mobile food vending, however if approval for use of the reserve is being sought for a period exceeding 12 months, a licence to occupy the site which needs the consent of the Minister for Crown Lands is required.  As such, each of the proposed licence agreements will be dealt with under Council’s Management of Leases and Licenses Procedure.

The proposal received from Mr G Ice Cream is to trade from both the Spencer Park and Short Point Reserves however it is being recommended that only a one year licence be offered for Short Point at this stage to ensure there is no conflict with master planning currently underway for this site by Council’s Recreational Assets team.    

Environmental / Sustainability

Council's Environmental Health officers have been consulted regarding the proposals and have provided confirmation that Mr G Ice Cream, Expresso Yourself and Bar Beach Kiosk Pty Ltd comply with all food safety requirements.  The proposals received from Mr G Ice Cream and Expresso Yourself are considered exempt mobile food/drink outlets as defined under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and do not therefore require Development Consent.  Bar Beach Kiosk already has Development Consent to operate as a kiosk from that location.

Asset

All of the reserves for which applications have been received are Council managed Crown assets.  Although Council has the responsibility to manage and maintain these Reserves, the formal consent of the Minister for Lands is required to authorise any third party use.

All fees obtained for the occupation and/or use of Council managed Crown Reserves assist the Reserve Trust with on-going maintenance and improvement of those Reserves. 

Issues

Over the past six months, Council officers have received a total of eight formal complaints in relation to the operation of the Bar Beach Kiosk.  Prior to any new licence being issued for this site, it is appropriate those concerns be addressed.  The issues raised and staff responses are as follows:

Trading as a restaurant/café rather than a kiosk

Development Consent was issued in 2007 for the operation of the kiosk, with a further DA lodged in 2013 to regularise the new deck and grease arrestor.  The current Development Approval is for use of the building as a kiosk, which has the definition of “premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like” under the Bega Valley Local Environmental Plan.  Advice obtained from Council's Planning officers has confirmed the current use and kiosk structure does comply with the Development Approval.  The kiosk operator currently pays for water access and usage charges, liquid trade waste removal and commercial waste management fees.

Lack of car parking

Council Planning officers have confirmed that as long as the footprint of the kiosk structure (including the deck) does not exceed 50m2 it is not required to provide any staff/customer parking.  The kiosk structure is only approximately 35m2, however this is considered to be ample for the size of the Reserve and anything larger would not be supported by Crown Lands or Council officers.  Planning officers have advised that the parking concerns are a Reserve management issue and not a case of the kiosk operating outside of their Development Consent conditions.  The parking congestion issues experienced at Bar Beach could be referred to the Local Traffic Committee for further comment if appropriate.  It is however difficult to determine who is visiting the Reserve to enjoy the beach and associated facilities and those whose specific reason for visiting the Reserve was to patronise the kiosk.  The argument put forward that there are no issues in winter when the kiosk is not operating is not justified, when volumes of people to the Reserve and beach are heavier during the Spring and Summer seasons and not as much in the colder months. 

With the reintroduction of mobile food vending at both Spencer Park and Short Point, it is hoped this may ease the popularity of Bar Beach - being the only beachside Reserve with refreshments currently available.  Due to the requirement to connect any fixed structure to Council’s water and sewer system and the high costs to do so at those locations, only mobile food vending vehicles that are required to leave the site at the end of each day are being permitted at Short Point and Spencer Park.       

Waste management issues

The Development Consent provides that “an adequate receptacle, to be approved by the Area Environmental Health and Building Officer, shall be provided to store all waste pending disposal.  Such receptacle shall be regularly emptied and no waste shall be allowed to lie or accumulate on the premises other than in the receptacle.”  The operator currently pays for one commercial waste management service, however it is suggested this should be increased in any new licence agreement to ensure that public waste bins are not being relied on for waste solely generated by the operation of the kiosk.  More frequent collection arrangements would also be beneficial.

Location of kiosk structure to a covered sewer pit

There is a Council maintained sewer pump station in close proximity to the kiosk, however Council’s Environmental Health officers have advised it is a fully sealed and vented system and poses no direct health risk to the business. 

Consultation

Crown Lands' officers have been consulted regarding the tender process and have provided their in-principle support to each of the seven proposals.  Crown Lands are supportive of refreshment kiosks on coastal Reserves as they enhance the experience for Reserve users.

Financial and Resources

Each of the licence agreements for either fixed point of sale or mobile food vending from Bar Beach, Spencer Park and Short Point Reserves will be based on current market rental value, as determined by a third party valuer.  Valuations have been requested, however have not been received at the time of this Council report.

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

·    Where a group or organisation has regular use of a facility as supported by a legal agreement, it should contribute to the management and maintenance costs of the property; and

·    Financial contributions from users of Council facilities should be used to assist with the costs involved in the management, maintenance and minor improvement of the facility or reserve.

In consultation with Council’s Recreational Assets officers, the following fee schedule is considered appropriate for the three markets at Bega, Merimbula and Candelo:

·    $5 per stall (unpowered site)

·    $10 per stall (powered site)

The market event organising committees are within their rights to charge individual stallholders more than the amounts stated above, this will simply be the amount they are required to remit to Council on a monthly basis as a financial contribution to assist Council with maintenance and improvement costs associated with each of those Reserves.

It is anticipated these arrangements will be self-regulating, with each of the market committee’s remitting to Council once per month, with a signed statement of stallholder usage at each market event.  Council reserves the right however to carry out random auditing and inspections to ensure the correct fees are being paid to Council and the maximum amount of stalls permissible under the terms of the licence (and Development Consent) are not being exceeded.

Council officer time will be required to prepare the necessary licence documentation, seek endorsement of Minister’s Consent and manage the agreements during their term.

A further tender process will be conducted in July 2017, with any Reserves which have uses already approved, to be excluded.  

Conclusion

Formal Council approval to the seven proposed new licence agreements is now required prior to the seeking of formal Consent from the Minister for Lands.

 

Attachments

1.            EOI - Bar Beach Kiosk (Councillor Only)

2.            EOI - Mr G Ice Cream (Councillor Only)

3.            EOI - Expresso Yourself Mobile Cafe (Councillor Only)

4.            EOI - Sapphire Coast Producers Association Inc (Councillor Only)

5.            EOI - Rotary Club of Merimbula Inc (Councillor Only)

6.            EOI - Candelo Market Committee Inc (Councillor Only)

7.            Expression of Interest - Assessment Sheet (Councillor Only)

8.            Complaints received regarding operation of Bar Beach Kiosk (Councillor Only)

 

Recommendation

1.         That Council, as Reserve Trust Manager of the Spencer Park Reserve (63203) at Merimbula, grant a further 5 year licence to Phoebe Mills, Trading as Bar Beach Kiosk Pty Ltd, for the continued operation of the existing Bar Beach Kiosk at current market rental.

2.         That Council, as Reserve Trust Manager of the Spencer Park Reserve (63203) at Merimbula grant, a 5 year licence to Mr Gordon Thompson, Trading as Mr G Ice Cream, for the operation of a mobile ice cream van at Spencer Park, Merimbula at current market rental.

3.         That Council, as Reserve Trust Manager of the Short Point Reserve (85134) at Merimbula, offer a 1 year licence to Mr Gordon Thompson, Trading as Mr G Ice Cream, for the operation of a mobile ice cream van at Short Point, Merimbula at current market rental.

4.         That Council, as Reserve Trust Manager of the Ray Whyman Reserve (82753) Mogareeka Inlet at Tathra, grant a 1 year licence with a further 1 year option to Ms Monique Henderson, Trading as Expresso Yourself Mobile Café, for the operation of a mobile café refreshment van at the Mogareeka Boat Ramp, Tathra at current market rental.

5.         That Council, as Reserve Trust Manager of the Zingel Place Reserve (97856) at Bega, grant a 5 year licence to Sapphire Coast Producers Association Incorporated for the operation of a weekly Farmers Market within Littleton Gardens (part of Reserve 97856), Bega at a weekly fee payable to Council of $5 per unpowered stall and $10 per powered stall. 

6.         That Council, as Reserve Trust Manager of the Ford Oval Reserve (77269) at Merimbula, grant a 5 year licence to Merimbula Rotary Club Incorporated for the operation of a monthly market within Ford Oval, Merimbula at a monthly fee payable to Council of $5 per unpowered stall and $10 per powered stall.

7.         That Council, as Reserve Trust Manager of the Candelo Recreation Ground (580055) at Candelo grant a 5 year licence to Candelo Market Committee Incorporated for the operation of a monthly market within Candelo Recreation Ground, Candelo at a monthly fee payable to Council of $5 per unpowered stall and $10 per powered stall. 

8.         That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s Consent to the above licence agreements.

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

   

 


Council

2 November 2016

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

2 November 2016

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.  

12.1            Proposed New Road Name: Grey Box Place, Millingandi................................... 98

12.2            Acquisition of Land for Public Road at South Wolumla.................................... 104

12.3            Proposed New Road Names in Bermagui......................................................... 109

12.4            Re-naming of eight roads within the Biamanga and Gulaga National Parks... 125


Council 2 November 2016

Item 12.1

 

12.1. Proposed New Road Name: Grey Box Place, Millingandi     

 

The purpose of this report is to detail the outcome of the public exhibition process recently conducted regarding the proposal to name a new public road located off Millingandi Road in Millingandi.

 

Director Transport and Utilities  

 

Background

A Development Application has been approved for a new subdivision off Millingandi Road, Millingandi and Council received a request from the developer to formally name the new road associated with the subdivision.

The new public road will serve as an access to the subdivided land parcels, from Millingandi Road.  The name Grey Box Place was selected by the developer from Council’s list of pre-approved road names and under Council’s Delegation Register, the Director Transport and Utilities approved the proposed road name and placed it on public exhibition for a period of 28 days.  At the conclusion of the public exhibition period, two public submissions were received. Copies of the public submissions are attached for the information of Councillors.

Out of curtesy, Council's Property officers wrote to the developer advising a number of submissions had been received opposing the proposed road name and as a result the developer has made further road name suggestions for the consideration of Councillors.

Issues

Public Submissions

Below is an outline of the issues raised in the two submissions received with officer comments regarding these points:

Submission 1: Rachael and Michael Branagan:

·   In the process of purchasing one of the newly subdivided parcels of land.

·   Believes the name does not compliment the area.

·   Submitted the name Kurrajong Close.

Officer comment:

The road name Kurrajong has been Gazetted for a new road in Kalaru and is therefore not available for further use in the Bega Valley Local Government Area.

Submission 2: Theresa Smith

·   Noted the meaning of the name and relevance of the name to the area, but is opposed to the name itself.  Believes the name to be less than desirable and that part of the name has gender-specific, anatomical connotations.

·   Submitted the genus of its botanical name, Eucalyptus, as being more suitable and keeping with other street names in the suburb.

·   Also proposed alternatives such as Banksia, Callistemon, Lomandra and Casurina, which are all flora native to the south coast or Grey Myrtle or White Sallee both included on Council’s pre-approved list of road names.

Officer comment:

The following names have been formally Gazetted for existing roads with in the suburb of Tura Beach and are therefore not available for further use within the Bega Valley Local Government Area:

·   Banksia Court;

·   Casuarina Place; and

·   Callistemon Court.

The suggested names of Eucalyptus and Lomandra are in line with the thematic category of natural environment, marine, flora and fauna as such, it is suggested these names be approved for future use within the Shire and added to Council’s pre-approved list of road names.

Developers Response to Submissions

The developer/landholders response to the submissions is as follows:

Neil and Kristine Clements

·   Developer and landholder of newly subdivided land.

·   Submitted an alternate name of Oakleaf Place, which was the name of the butter that was produced at South Pambula butter factory and was first shipped to Sydney in October 1898.  The developer's grandfather, the Late Peter Neilsen Snr once worked at the butter factory.

·   Also submitted a second name of Jacaranda Close for consideration.

Officer comment:

The suggested names of both Oakleaf Place and Jacaranda Close are in line with the thematic category of natural environment, marine, flora and fauna and as such, it is suggested these names be approved for future use within the Shire and added to Council’s pre-approved list of road names if not considered for this proposal.

Consultation

The proposed road name of Grey Box Place has been advertised in local newspapers, allowing 28 days for submissions, with two objecting submissions received.  The submissions have been acknowledged and the submitters will be informed in writing of Council’s decision.  If Council resolves to proceed with the name of Grey Box Place, the Geographical Names Board will be advised to arrange gazettal and signage will be installed.  If Council resolves to uphold the objections received, then a further 28 day public exhibition period will be required to formalise one of the suggested alternative road names.

Financial and Resources

An amount of $238.40 has already been expended by Council advertising the proposal to name the new road as Grey Box Place. If Council decides to uphold the objections, further advertising fees will be required.

Property officers will be required to complete the formal road naming process and arrange street signage.

Conclusion

Formalisation of the road naming is in accordance with NSW Addressing Guidelines and Council’s Road Naming Procedure and an amount of $238.40 has already been expended by Council to advertise the proposal to name the new road as Grey Box Place. It is therefore recommended that Council continue with the road name Grey Box Place, Millingandi.

Council approval is also sought for the suggested road names that are in line with the thematic category of natural environment, marine, flora and fauna to be approved for future use within the Shire and added to Council’s pre-approved list of road names.

 

Attachments

1.            Submission 1: Rachael and Michael Branagan

2.            Submission 2: Theresa Smith

3.            Developers response: Neil and Kristine Clements 

 

Recommendation

1.         That Council approve the proposal to name the new road off Millingandi Road in Millingandi as Grey Box Place.

2.         That the Geographical Names Board of NSW be requested to formally Gazette the name Grey Box Place.

3.         That Council advise all affected property owners and those who made a submission regarding the naming proposal.

4.         That authority be delegated to Council officers to submit the following road names to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Bega Valley Local Government Area, as approved by the Council Delegate:

a)         Eucalyptus

b)        Lomandra

c)         Oakleaf

d)        Jacaranda

 


Council

2 November 2016

Item 12.1 - Attachment 1

Submission 1: Rachael and Michael Branagan

 


Council

2 November 2016

Item 12.1 - Attachment 2

Submission 2: Theresa Smith

 


Council

2 November 2016

Item 12.1 - Attachment 3

Developers response: Neil and Kristine Clements

 


Council 2 November 2016

Item 12.2

 

12.2. Acquisition of Land for Public Road at South Wolumla     

 

Council carried out road widening works on the corner of South Wolumla Road and Towridgee Lane in 1997 and this report seeks Council approval to finalise the associated land matters.

 

Director Transport and Utilities  

 

Background

Council was recently advised by NSW Land and Property Information of an administrative oversite made by Council in 1997 in relation to the acquisition of land for road widening purposes on the corner of South Wolumla Road and Towridgee Lane at South Wolumla.  Investigation shows Lot 1 DP 873960 (being part of Lot 1 DP 606450) on the attached Plan of Acquisition, which was registered on 31 December 1997 was intended to be acquired by Council and dedicated as a public road.

Agreement between Council and the landowner, James Clifford Cochrane (Mr Cochrane), was reached in September 1997 (refer to attached letter dated 15 September 1997 to J.C. Cochrane). The agreed amount of compensation of $3,000 has been paid to Mr Cochrane.

Dedication of Lot 1 DP 87390 as a public road was Gazetted on 23 January 1998 (refer copy attached) however formal acquisition by Council was not formalised at the time.

Council must now proceed to complete the process of acquisition by making an application to the Minister of Local Government in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

Issues

Legal

To finalise the land matters associated with this process, Council’s external legal providers will be required to prepare the Application for Compulsory Acquisition (with Consent) with the Office of Local Government.

Asset

The road widening works were completed in 1997, with the land acquired from the property owner to be dedicated as a public road.  The acquisition is required to formalise ownership of land on which Council infrastructure is situated.

Consultation

Council’s external legal providers have informed legal representatives for the landowner, Mr Cochrane, that formalisation of the land matters will be finalised.

Financial and Resources

Council acquired approximately 1,900m2 of land from Mr Cochrane for the purpose of road widening for a sum of $3,000.  Payment of the compensation was made on 17 October 1997.  Council Property officers and legal providers will be required to finalise the relevant documentation to complete the acquisition and dedicate as a public road.

Conclusion

A Council resolution is sought to make application to the Minister for Local Government and/or Governor to formalise ownership of the land on which the public road is currently situated.

 

Attachments

1.            Registered plan of acquisition DP 873960

2.            Letter from BVSC to JC Cochrane dated 15 September 1997

3.            Government Gazette No. 9, folio 396 dated 23 January 1998

 

Recommendation

1.         That Lot 1 DP 873960 (being part of Lot 1 DP 606450) be compulsorily acquired (with landowner’s consent) for the purpose of a public road pursuant to Section 177 of the Roads Act 1993.

2.         That it be noted Council has already given notice of its intention to dedicate the land, as referred to in recommendation 1 above, in Government Gazette No. 9, folio 396 dated 23 January 1998, as a public road under Section 10 of the Roads Act 1993.

3.         That the General Manager be delegated authority to make application to the Minister for Local Government and/or Governor for acquisition of the land.

 


Council

2 November 2016

Item 12.2 - Attachment 1

Registered plan of acquisition DP 873960

 


Council

2 November 2016

Item 12.2 - Attachment 2

Letter from BVSC to JC Cochrane dated 15 September 1997

 


Council

2 November 2016

Item 12.2 - Attachment 3

Government Gazette No. 9, folio 396 dated 23 January 1998

 


Council 2 November 2016

Item 12.3

 

12.3. Proposed New Road Names in Bermagui     

 

The purpose of this report is to detail the outcome of the public exhibition process recently conducted regarding the proposal to name three unnamed laneways and one unnamed road in Bermagui.

 

Director Transport and Utilities  

 

Background

The New South Wales (NSW) Address Policy applies to all roads in NSW, regardless of custodianship and maintenance agreements and indicates that all roads in NSW shall be authoritatively named and the names Gazetted.  Road naming is legislated under the Roads Act 1993 (the Act)The Act empowers the authority in charge of the road with the rights to name it.

The proposed road names and origin of the names in brackets, for the unnamed laneways and road in Bermagui were as follows:

·    Sea Lace Lane: Sea Lace is a small foliose algae with pale pink to blue-purple fronds found in subtidal reefs throughout the Bega Valley Shire area;

·    Durvillaea Lane: Durvillaea is the botanical name for Bull Kelp.  Named after a French explorer, its northern limit of distribution is around Bermagui;

·    Laurencia Lane: Named after the botanical name for an important genus of red marine algae that grows on rocks in sheltered to moderately exposed reefs in coastal areas; and

·    Posidonia Esplanade: Named after an endangered seagrass found in open bays, ‘Posidonia australis’ commonly known as ‘Strap Weed’ is an important driver of fisheries productivity in coastal waters and is crucial to the maintenance of estuarine biodiversity.

As a result of the public exhibition, four submissions opposing the name ‘Sea Lace’ were received.  One of the four submissions (Bermagui Historical Society Inc.) opposed all four names.

Issues

Public Submissions

Details of the four submissions received are as follows:

Submission 1: Bermagui Historical Society Inc.

·    Objected to all four of the proposed road/lane names in Bermagui;

·    Does not see a connection to Bermagui with the proposed names except for having a marine theme;

·    Recommended the name ‘McIntosh Lane’ to replace Sea Lace Lane;

·    Suggested the name ‘Ringland’ to replace one of the other road names in Bermagui.

Staff comment:

The four proposed road names were chosen by Council officers due to their origin and appropriateness for a coastal and marine environment.

The road name ‘Ringland’ has already been used and Gazetted within the Bega Valley Local Government Area and is therefore not available for further use.

The name suggested by the Bermagui Historical Society of ‘McIntosh Lane’ would be an appropriate name to replace the proposed ‘Sea Lace Lane’.  The origin of the name ‘McIntosh’ is in recognition of James Alexander McIntosh, a long time General Store Keeper and prominent citizen of Bermagui.  The laneway proposed to be named as Sea Lace Lane runs beside where his store was located, which is still standing and today operated as a gift shop.  The General Store was in the hands of the McIntosh family from 1910 to 1967.  When Mr McIntosh died in 1942, the store was subsequently run by his wife (until 1945) and then his daughter and son-in-law until it was sold in 1967.

The name ‘McIntosh’ has been approved by the Geographical Names Board of New South Wales and descendants of Mr McIntosh (see further submissions below).  It is recommended the name of ‘McIntosh Lane’ be used in place of what was originally proposed as Sea Lace Lane.

The submission from the Bermagui Historical Society did not specify any other objections for Durvillaea, Laurencia and Posidonia other than lack of connection to Bermagui.

Submission 2: Greg Smith

·    Objected to the name ‘Sea Lace Lane’;

·    Believes name has no real relevance to the local community;

·    Proposed the name ‘McIntosh Lane’ in recognition of James Alexander McIntosh, a long time General Store Keeper and prominent citizen;

·    Greg Smith is the great grandson of James Alexander McIntosh.

Submission 3: Gay Lane

·    Objected to the name ‘Sea Lace Lane’;

·    Believes the name ‘McIntosh Lane’ has more significance than the proposed ‘Sea Lace Lane’;

·    Gay Lane is the grand-daughter of James Alexander McIntosh.

Submission 4: Errol and Wilma Masterson

·    Objected to the name ‘Sea Lace Lane’;

·    Does not feel that the name is fitting for the area;

·    Proposes to name the laneway ‘McIntosh Lane’;

·    Indicated that there are descendants of J.A. McIntosh still residing in Bermagui who would be proud to have a street/laneway named in his honour.

Consultation

All four proposed names were advertised in local newspapers, allowing 28 days for submissions, with four submissions received.  Submissions have been acknowledged and will be informed in writing of Council’s decision.

If Council resolves to uphold the objection for Sea Lace Lane, replacing the name with ‘McIntosh Lane’ a further 14 day public exhibition period for ‘McIntosh Lane’ will be required to formalise this matter.

If Council resolves to proceed with the names of Laurencia Lane, Durvillaea Lane and Posidonia Esplanade as recommended, the Geographical Names Board will be advised to arrange gazettal and signage will be installed.

Financial and Resources

Council has incurred advertising costs to name the four new roads in Bermagui, however if Council choose to uphold the objections, a further advertisement fee for ‘McIntosh Lane’ will be required.

Property officers will be required to complete the formal road naming process and arrange street signage.

Conclusion

Formalisation of the road naming is in accordance with NSW Addressing Guidelines and Council’s Road Naming Procedure.

Due to the depth of community interest and history relative to the location, it is recommended that ‘Sea Lace Lane’ be changed to ‘McIntosh Lane’ and readvertised for public comment.

As the other three road names of Laurencia Lane, Durvillaea Lane and Posidonia Esplanade did not have strong submissions of objection, other than a lack of significance or relevance to Bermagui, it is recommended these road names proceed and be subsequently Gazetted.

 

Attachments

1.            Bermagui Historical Society submission opposing proposed road name Sea Lace Lane, Bermagui 12 August 2016

2.            Smith submission opposing proposed road name Sea Lace Lane, Bermagui 22 August 2016

3.            Lane submission opposing proposed road name Sea Lace Lane, Bermagui 21 August 2016

4.            Masterson submission opposing proposed road name Sea Lace Lane, Bermagui 23 August 2016

 

Recommendation

1.         That Council approve the naming of a laneway between Lamont Street and Bunga Street in Bermagui as Durvillaea Lane.

2.         That Council approve the naming of a laneway between Hill Street and Murrah Streets in Bermagui as Laurencia Lane.

3.         That Council approve the naming of an unnamed section of road in Bermagui which extends north from Lamont Street as Posidonia Esplanade.

4.         That Council uphold the objections received regarding Sea Lace Lane and readvertise and notify affected properties of the proposal to name the laneway, which extends between Wallaga Lake Road and Wapengo Street in Bermagui as McIntosh Lane, based on the significance of the history relevant to this site.  If no submissions of objection are received, McIntosh Lane will be formally Gazetted, as per usual process.

5.         That the Geographical Names Board of New South Wales be requested to formally Gazette the names indicated in recommendations 1-3 above.

 


Council

2 November 2016

Item 12.3 - Attachment 1

Bermagui Historical Society submission opposing proposed road name Sea Lace Lane, Bermagui 12 August 2016

 


 


Council

2 November 2016

Item 12.3 - Attachment 2

Smith submission opposing proposed road name Sea Lace Lane, Bermagui 22 August 2016

 


 


 


Council

2 November 2016

Item 12.3 - Attachment 2

Smith submission opposing proposed road name Sea Lace Lane, Bermagui 22 August 2016

 


 


 


Council

2 November 2016

Item 12.3 - Attachment 2

Smith submission opposing proposed road name Sea Lace Lane, Bermagui 22 August 2016

 


Council

2 November 2016

Item 12.3 - Attachment 3

Lane submission opposing proposed road name Sea Lace Lane, Bermagui 21 August 2016

 


 


Council

2 November 2016

Item 12.3 - Attachment 4

Masterson submission opposing proposed road name Sea Lace Lane, Bermagui 23 August 2016

 


 


Council 2 November 2016

Item 12.4

 

12.4. Re-naming of eight roads within the Biamanga and Gulaga National Parks     

 

This report is for information only, advising Council of a decision by the Biamanga and Gulaga National Park Boards of Management, together with the National Parks and Wildlife Services of New South Wales, to rename eight existing roads within the two Parks to Aboriginal names.

 

Director Transport and Utilities  

 

Background

The New South Wales Address Policy applies to all roads in New South Wales (NSW), regardless of custodianship and maintenance agreements and indicates that all roads in NSW shall be authoritatively named and the names Gazetted.  Road naming is legislated under the Roads Act 1993 (the Act).  The Act empowers the Authority in charge of the road with the rights to name it.  In the case of roads within National Parks, naming is the responsibility of the National Parks and Wildlife Service of New South Wales (NPWS).

Council officers have been working over the past twelve months to formally Gazette (name) the entire road network within the Bega Valley Shire Council Local Government Area to abide by the NSW Address Policy, which has required extensive liaison with other land managers and road authorities.

In regards to roads within the Gulaga and Biamanga National Parks, those roads that did not have properties addresses from them and were either located solely in the National Park or in a combination of National Park and Forest Corporation of NSW (FCNSW) managed land, were considered for new Aboriginal-themed road name changes, to further recognize the Traditional Owners.

Council’s project to formally Gazette the entire road network came at an opportune time, as both the Biamanga and Gulaga National Park Boards of Management had been discussing with the NPWS, their desire to change the name of some of the roads within the two Parks to Aboriginal themed names.

The two National Park Boards of Management chose the prospective new road names.

All names chosen comply with Council’s Road Naming Policy under Bega Valley Shire Council Procedure 4.04.1 – Road Naming criteria as follows:

Section a.      Council resolved that road names based on the following themes should be nominated:

i.          Local Aboriginal heritage

ii.         Early explorers, pioneers, settlers and historical figures

iii.        Natural environment, marine, flora or fauna

Section c.      Road names should be written in standard Australian English or a recognised format of an Australian Aboriginal language local to the area of the road.  Local Aboriginal Land Councils should always be consulted for Aboriginal names.

Section d.     Road names shall be easy to pronounce, spell and write and preferably not exceed three words (including the road type) or 25 characters.  An exception to this is in the use of Aboriginal names when it is accepted a traditional name may at first appear to be complex but will, over time, become more familiar and accepted by the community.

The Geographical Names Board of NSW has concurred with the use of all eight new Aboriginal road names.

The Local Aboriginal Land Council (who is also represented on the respective Boards of Management) has approved the use of all eight new road names.  One of the original names chosen by the Biamanga National Park Board of Management, ‘Penrith Road’ proposed to replace the name ‘Mumbulla Trig Road’ (named after respected Aboriginal community member Merv Penrith) was not approved by the Local Aboriginal Land Council.  This name was subsequently changed to Gugunyal Road and approved separately from the other seven names, at a later date by the Local Aboriginal Land Council.

The FCNSW have formally approved the re-naming of roads that cross boundaries between National Park and State Forest.

Pursuant to Section 162(1) of the Roads Act 1993, the NPWS have publically advertised the proposed new road names in local media.

The following table outlines the existing road name, the proposed new name, extent, location and origin of each of the names.  All origins of names are based on the Dhurga language, local dialect for the Far South Coast.

Outline of Proposed Road Names

New Road Name

Previous Road Name

Extent of Road

Tenure

Origin of Name

Gugunyal Road
(Biamanga NP)

Mumbulla Trig Road

From the intersection of Mumbulla Creek Falls Road to end

NPWS /

FCNSW

Gugunyal is the Aboriginal word for Kookaburra

Buru Road
(Biamanga NP)

Kangaroo Ridge Trail

From the intersection of Myrtle Creek Trail and Westrops Road to Nutleys Creek Road

NPWS

Buru is the Aboriginal word for Kangaroo

Ngaral Road
(Biamanga NP)

Loop Road

From Correa Road extending westwards to end

NPWS / FCNSW

Ngaral is the Aboriginal word for Black Cockatoo

Gawanggal Trail
(Biamanga NP)

The Honeymoon Firetrail

From Murrah River Forest Road north to Siltstone Firetrail

NPWS /

FCNSW

Gawanggal is the Aboriginal word for Honey

Yuwiya Trail
(Biamanga NP)

Myrtle Creek Trail

From Nutleys Creek Road to the intersection of Westrops Road and Kangaroo Ridge Trail

NPWS

Yuwiya is the Aboriginal word for Myrtle

Wambaara Trail
(Gulaga NP)

Green Bay Trail

From Wallaga Trail north east to end

NPWS

Wambaara is the Aboriginal word for Black Duck

Gurawari Trail
(Gulaga NP)

Long Bay Trail

From Wallaga Trail east to end

NPWS

Gurawari is the Aboriginal word for Swan

Gambaawa Trail
(Gulaga NP)

Meads Trail

From Wallaga Trail south to end

NPWS

Gambaawa is the Aboriginal word for Koala

 

Financial and Resources

There will be no cost to Council for road signage, as signage for the new road names will be the responsibility of the road Authority, in this instance the NPWS.

Council's Road Naming Project Officer will undertake the administration to formally Gazette the eight new Aboriginal names for the roads within Biamanga and Gulaga National Parks as part of the overall project to formally Gazette the road network.

 

Attachments

1.            Approval Biamanga Board of Management of proposed new road names

2.            Approval Gulaga Board of Management of proposed new road names

3.            Local Aboriginal Land Council approval of seven of eight proposed road names

4.            Change of proposed name for Mumbulla Trig Road from Penrith Road to Gugunyal Road due to name Penrith not supported by LALC

5.            Local Aboriginal Land Council approval of eighth name to replace Penrith Road

6.            Forest Corporation NSW approval of proposed name changes within Biamanga & Gulaga National Parks

7.            Advertisement Bega District News September 2 proposed new road names in Biamanga and Gulaga National Parks

 


Council

2 November 2016

Item 12.4 - Attachment 1

Approval Biamanga Board of Management of proposed new road names

 


 


Council

2 November 2016

Item 12.4 - Attachment 2

Approval Gulaga Board of Management of proposed new road names

 


 


Council

2 November 2016

Item 12.4 - Attachment 3

Local Aboriginal Land Council approval of seven of eight proposed road names

 


Council

2 November 2016

Item 12.4 - Attachment 4

Change of proposed name for Mumbulla Trig Road from Penrith Road to Gugunyal Road due to name Penrith not supported by LALC

 


Council

2 November 2016

Item 12.4 - Attachment 5

Local Aboriginal Land Council approval of eighth name to replace Penrith Road

 


Council

2 November 2016

Item 12.4 - Attachment 6

Forest Corporation NSW approval of proposed name changes within Biamanga & Gulaga National Parks

 


 


 


Council

2 November 2016

Item 12.4 - Attachment 7

Advertisement Bega District News September 2 proposed new road names in Biamanga and Gulaga National Parks

 

 

 


Council

2 November 2016

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

2 November 2016

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.  

13.1            Pecuniary Interest Returns - 1 July 2015 to 30 June 2016................................ 140

13.2            'Understanding Our Place' report and Draft Community Ambitions............... 147

13.3            RFT 78/16 Building Condition Assessment and Quantity Survey for Council's buildings            153


Council 2 November 2016

Item 13.1

 

13.1. Pecuniary Interest Returns - 1 July 2015 to 30 June 2016     

 

Report confirming lodgement of Disclosure by Councillors and Designated Persons Returns (Pecuniary Interest Returns) for the period 1 July 2015 to 30 July 2016

 

General Manager  

 

Background

The Local Government Act 1993 (the Act) requires Councillors, the General Manager, Directors/Executive Manager and people nominated by the Council as “Designated Persons” to complete Pecuniary Interest Returns.

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

The special disclosure of pecuniary interest must be in the form prescribed by the Regulations and laid on the table at a meeting of the Council as soon as practicable after the disclosure is made.

Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. 

The register containing completed returns is tabled at each Council meeting.

Committee Members

Although the Council has traditionally not “designated” members of its various Community Committees and it is not envisaged that it will, the obligations under the Act still applies to them.  That is to say, Committee members are required to observe the Pecuniary Interest Provisions of the Act and declare an interest and not vote on matters in which they have a pecuniary interest.  They must also leave the room in which the meeting is being held, after declaring an interest.  All Council Committees are aware of this provision of the legislation.

All Council and Committee meetings are required to follow the Code of Meeting Practice.

Councillors

Councillors are required to lodge a return under Section 449 of the Act and the recommendation provides accordingly.

Councillors are asked to note the form of the Pecuniary Interest Returns is covered by Regulation.   Each section of the Return must be answered.  Officers from the Office of Local Government may make inspections from time to time.

Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP).  The following Councillors, elected in 2012, have lodged returns for the period 1 July 2015 to 30 June 2016:

·    Cr Tony Allen            

·    Cr Michael Britten

·    Cr Russell Fitzpatrick

·    Cr Keith Hughes

·    Cr Anne Mawhinney

·    Cr Kristy McBain

·    Cr Liz Seckold            

·    Cr Sharon Tapscott 

·    Cr Bill Taylor

Independent Audit Committee

Members of the community appointed to Council’s Independent Audit Committee, are required to lodge a return under Section 449 of the Act and the recommendation provides accordingly.  Current members of the Independent Audit Committee are:

·    Mr Geoff Steel – form lodged.

·    Mr Terry Bunn – form lodged.

·    Mr Roger FitzGerald - form lodged.

Designated staff members

The following list represents officers of the Council who have (or their positions have) been “designated” by the Council as officers required to submit a Pecuniary Interest Return for the period 1 July 2015 to 30 June 2016.  These staff or those staff filling these positions will be required to submit returns for the 1 July 2016 to 30 June 2017 reporting period.

Name

Job Title

Baker, Scott

Programs and Partnerships Officer

Barnes, Leanne

General Manager

Basford, Anthony

Director Community, Relations & Leisure

Berenguer, Katrina

CRL Administration Coordinator

Bishwakarma, Pradeep

Management Accounting Coordinator

Bogie, Lyall

Vegetation & Management Coordinator

Bogie, Rebecca

Integrated Planning and Reporting Coordinator

Bosnjak, Timothy 

Ranger

Bradfield, Amanda

Acting Nominated Supervisor Bandara Children's Services

Bray, Lyn

Children’s Services Coordinator

Brenner, Kristina

Manager Children, Families & Ageing

Browne Toby

Waste Services Manager

Bussing, Jenny

Nominated Supervisor Sapphire Mobile Pre-School

Churchward, Nina

Executive Manager, Organisational Governance and Development

Cleverly, Anne

Coordinator Community Development

Colebrook, Lisa

Financial Accounting Coordinator

Collins, Jim

Water & Sewerage Services Manager

Collins, Matthew

Supply Services Coordinator

Corby, Tamara

Cadet Planner

Cox, Maddalyn

Employee Support Services Coordinator

Crane, Kyran

Coastal Management Officer

Cross, Robert

Ranger

Cunningham, Richard

Project Engineer

Curtis, Janelle

Executive Assistant

Dangers, James

Risk/Internal Audit Coordinator

Dawson, Iain

Regional Gallery Curator

Dixon-Keay, Jamie

Vegetation Management Officer

Dodds, Terry

Director Transport and Utilities

Donne, Jeff

Coordinator Communications

Fenton, Samantha

Library Operations Team Leader

Fiedler, Michael

Environmental Management Officer

Flint, Kim

Acting Nominated Supervisor Eden Pre-school

Fowler, Mark

Strategic Planner

Franic, Michael

Ranger

Garner, Lisa

Revenue Coordinator

Grady, John

Manager Recreation & Leisure

Griffin, Christine

Team Leader - PEG Administration & Support Services

Hancock, Cecily

Planning Coordinator

Hankinson, Mark

Water and Sewerage Assets Engineer

Hicks, Rodney

Building Services, Technical Officer

Irvin, Mark

Governance Coordinator

Jackson, Mandy

Nominated Supervisor Bandara Children's Services

Jay Lynette

records Coordinator

Johnston, Aaron

Supply Services Coordinator

Jones, Rebecca

Executive Assistant - Strategy and Business Services

Jordon-Jones, Megan

Systems and Support Officer

Klumper, Tim

Aquatic Operations Coordinator

Lennon, Tom

Technology Services Coordinator

Leyden, Anne

Brighter Futures and Ageing and Disability Services Coordinator

Lunniss, Paul

Works Manager

Madigan, Danny

Environmental Services Manager

Margules, Cassandra

Coordinator Customer & Library Services

Marshall, Rickee

Property Officer

Macfarlane, Ian

Works Manager

McDowall, Kelly

Executive Assistant

McGregor, Carley

Cadet Town Planner

McKenna, Amanda

Environmental Health Cadet

McNeil, Scott

Storage Services Coordinator

Morey, Phil

Town Planner

Morrison, Andrew

Natural Assets Officer

Murphy, Daniel

Environmental Management Officer

Nepal, Pankaj

Finance Manager

Newton, Peter

Design, Development & Traffic Co-ordinator

O’Donnell, Greg

Design, Development & Traffic Co-ordinator

O'Leary, Shane

Economic Development Manager

Osborn, Brett

Environmental Health And Building Surveyor

Pearson, Chris

Ranger

Peters, Matthew

Families and Ageing Administration Officer

Powell, Bruce

Water & Sewerage Operations Engineer

Preo, Michelle

Property Services Coordinator

Pyke, Jonathon

Senior Environmental Health Officer

Quick, Robert

Development Control Planner

Roberts, Richard

Vegetation Management Officer

Rogers, Irena

Aquatic Front Office Coordinator

Sartori, Wayne

Director Transport and Utilities

Scarpin, Lucas

Director Strategy & Business Services Group CFO

Schweitzer, Simon

Manager Community, Culture & Information

Scroope, Ben

Environmental Health and Building Surveyor

Slade, Colin

Environmental Health Officer

Slapp, Rob

Senior Town Planner

St Hill, Rachel

Team Leader Customer Service

Stewart, Andrew

Civil Assets Engineer

Tarpey, Mel

Insurance Officer

Terwin, Karen

Cemeteries and Community Halls Officer

Thompson, Bronwyn

Environmental Health Officer

Thompson, Terry

Vegetation Management Officer

Thomson, Sophie

Strategic Planning Coordinator

Tipping, Jeff

Manager Health and Building Services

Tull, Keith

Manager Planning Services

Turville, John

Recreation Assets Officer

Van Bracht, Derek

Strategic Planning Co-ordinator

Ward Lyndall

Supply Services Administration

Watts, Kevin

Business Services Manager

Webb, Leanne

Coordinator Aquatics

Weber, Timothy

Development Control Planner

Williams, Graeme

Civil Assets & Development Manager

Williams, Lucy

Learning to Swim Program Coordinator

Wood, Joan

Nominated Supervisor Eden Child Care Centre

Woodley, Andrew

Director Planning & Environment

Forms for the period 1 July 2015 to 30 June 2016 were due to be lodged by 30 September 2016.  Forms for the period 1 July 2015 to 30 June 2016 were due to be lodged by 30 September 2016.  All forms had been lodged with the following exception being Officer Janelle Curtis who is currently on long service leave.

 

Attachments

Nil

 

Recommendation

That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2016 and the positions required to submit returns for the period ending 30 June 2017.

 


Council 2 November 2016

Item 13.2

 

13.2. 'Understanding Our Place' report and Draft Community Ambitions     

 

Through the months of May – July Council delivered a major community consultation project, to develop a greater understanding of our communities values and aspirations for the future of their place.  The results of this consultation have been drafted into the Understanding Our Place report, and have enabled the development of draft Community Ambition Statements for the upcoming Community Strategic Plan, 2040

 

Director Strategy and Business Services  

 

Background

The Understanding Our Place report has prepared in accordance with Phase 1 of Council’s adopted Community Engagement Strategy for the upcoming Bega Valley Community Strategic Plan 2040.

The purpose of the Understanding Our Place document is to capture:

•     what we love about the place where we live and the Bega Valley Shire as a whole

•     what challenges we face living in the Bega Valley Shire

•     our future expectations for both the places where we live and the Bega Valley Shire as a whole

•     our visions for the type of community we would like to be a part of in the future

•     our personal values and how connected to our communities we feel.

The information will be used:

•     for general information purposes by the people of the Bega Valley Shire

•     to inform the upcoming Bega Valley Community Strategic Plan 2040 by identifying our values, challenges and emerging issues in our area and to understand the future ambitions of our local community

•     to inform the development of Council’s policies and strategies

•     to inform other government and non-government stakeholders and agencies which have a role in working towards the future of our place and supporting the ambitions of our collective community  

How the information was collected

1,867 people participated in a survey either on paper or online.

The main survey consisted of 18 questions in which 1,553 people participated including attendees at The 2016 Golden Gig Event. This survey included open ended questions about the whole Bega Valley Shire, the place where you live, personal values as well as demographic information.

A shorter version if the survey consisting of 11 questions was completed by 62 targeted individuals or groups who completed the survey together. A youth survey was also designed and sessions were run at high schools with 252 youth aged under 18 participating in a short survey. These shorter surveys included open ended questions about the whole Bega Valley Shire and demographic information.

Age specific engagement techniques were also used to collect information from 52 pre-school children who drew ‘a picture of my favourite day’, and 37 groups of primary school children who completed a mind map exercise ‘what I love about my place’ and‘ what could make my place even better’.

Additional information was also collected at community events and meetings with target groups.  In total, around 2,000 people provided input into the document.

Key findings

The Understanding Our Place shows the things we like best about living in the Bega Valley Shire are each other and the natural environment. Our major challenges include distance, employment opportunities and lack of public transport, medical and other services.

Some of us want the Shire or the place where we live to stay the same as it is now, but for others the main areas we would like to see changes are: employment opportunities; economic growth and diversification; public transport options; bike paths, roads, parking and footpaths; recreation facilities and spaces; community facilities, libraries, waste services and appearance of towns; town planning and land use controls; and Council's decision making and consultation.

Draft Community Ambitions

One of the key reasons for the compilation of the Understanding Our Place Report was to inform the development of the upcoming Bega Valley Community Strategic Plan 2040. The information contributed, identified our communities’ main priorities and aspirations by asking about our values, challenges, future ambitions and the emerging issues in our area.

The Community Strategic Plan is a long term visionary plan and is the main strategic and aspirational document for a council area in NSW. It identifies the main priorities and aspirations of the community.  The Community Strategic Plan is not a Council owned document, however, it is Council’s role to facilitate the composition and publication of the document.

From the information contained in the Understanding Our Place Report, a series of draft ‘community ambitions’ has been compiled to reflect our communities’ main priorities and aspirations. When finalised and adopted, these community ambitions will form the cornerstones of our next Community Strategic Plan. These draft community ambitions as presented in the Understanding Our Place Report include:

By 2040

·    Our air and water is pristine and our natural environment and rural landscapes are preserved

·    Our economy is prosperous, diverse and supported through innovative and creative businesses

·    Our Shire continues to be an enjoyable, safe and affordable place to live

·    Our towns and villages are well presented and provide a range of goods and services that meet local needs

·    Our towns and villages have character and development throughout the shire remains low density and low rise

·    We are a co-operative, kind and culturally rich community

·    We are an active and healthy community with access to good quality recreation and sporting facilities and specialist medical health care

·    We are an engaged community with a transparent, consultative and responsive Council

·    We are leaders in sustainable living and support innovative approaches to resource recovery and the production of alternative energy and food

·    We are well connected by public transport and telecommunications services

·    We have good quality roads and a network of accessible foot and bike paths connects communities throughout the Shire

·    We have meaningful employment and education opportunities for people in all stages of life

Draft Community Ambitions explained

·    Our air and water is pristine and our natural environment and rural landscapes are preserved

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We love our natural environment; the coast, waterways, trees, wildlife and clean fresh air. We love the views, landscapes, scenery, farmland vistas and rolling hills. In the future we would like to protect the quality of our natural environment through better land and water quality management, eliminating littering and weed and pest control. We would also like to preserve more of our natural resources and protect our scenery and rural vistas from over-development.

·    Our economy is prosperous, diverse and supported through innovative and creative businesses

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

In the future we would like our economy to have grown and become more diversified. We have identified economic opportunities in our Shire in the development and utilisation of the Port of Eden, farming and food production, supporting small businesses, developing eco/adventure tourism and tourism infrastructure, attracting new businesses and industries and encouraging innovative ideas and creative businesses.

·    Our Shire continues to be an enjoyable, safe and affordable place to live

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We enjoy a safe, relaxed, coastal, country style of living which we would like to retain. For some, the cost of living and the cost and availability of housing is a problem and in the future we can see a shortage in the provision of affordable housing as well as accommodation that meet the needs of the elderly population.

·    Our towns and villages are well presented and provide a range of goods and services that meet local needs

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We like the local facilities and services that are provided in our towns such as parks, schools, sports facilities, libraries and shops. However, access to these facilities is a problem for many as is the limited range of services and retail goods and available locally. In the future, we would like better quality and a wider range of services available in our towns, including library, youth, elderly, police and social services. We would like our existing facilities to be well maintained and our towns to be better presented. While many of us would like more shopping variety and more availability of local food, some of us want more major retailers in the area while others do not.

·    Our towns and villages have character and development throughout the shire remains low density and low rise

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We like our low population, small uncrowded towns and villages and lack of high rise development. We are generally happy for some growth in our population, but want to maintain a balance between new development and protection of the environment and to retain the existing small town atmosphere and local charm. Other issues for the future include improving urban design in town centres, retaining and simplifying development approvals and preserving agricultural land, heritage buildings and the existing low density residential character.

·    We are a co-operative, kind and culturally rich community

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We love our friends and family and living within small, friendly communities. We also value our indigenous heritage and cultural activities including music, arts and events. In the future we would like more arts, entertainment and cultural opportunities and improved facilities for community activities and events. Some of us would also like our communities to be more accepting and culturally diverse.

·    We are an active and healthy community with access to good quality recreation and sporting facilities and specialist medical health care

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

The natural environment provides us with ample recreation opportunities such as fishing, walking, cycling, motor bike riding and surfing and we participate in a wide range of sporting activities. While we have access to many activities that help us maintain a healthy lifestyle, we do not currently have good access to quality health services. In the future we would like access to good quality general medical services, hospital services Shire-wide, a wide range of resident medical specialists and appropriate health care for people with special needs and for Bega hospital to be operating at full capacity.

·    We are an engaged community with a transparent, consultative and responsive Council

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We are challenged by Council’s approach, decision making processes and focus, by paying rates and the way that Council consults and communicates with us. We have a wide range of ideas about how Council funds should be distributed and what Council’s focus should be but many of us would like a Council that listens to our ideas and opinions, includes us in decision making through meaningful consultation processes, effectively communicates information about what Council is doing or intends to do and is more transparent and open in the future.

·    We are leaders in sustainable living and support innovative approaches to resource recovery and the production of alternative energy and food

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We love the climate and weather in our region and understand that natural resources are finite. In the future, we would like our communities to live more sustainably through improved resource management such as minimising waste disposal as landfill, designing more sustainable buildings and businesses, producing alternative energy and increasing local food production.    

·    We are well connected by public transport and telecommunications services

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We like our central location, air and road links to Melbourne, Canberra and Sydney. Some of us like the feeling of seclusion that the distance from regional centres provides, but many feel disadvantaged and isolated which is compounded by the lack of public transport and problems with telecommunications. The lack of public transport within the Shire also adversely impacts us, making it hard for many people to people to travel to work, education and social opportunities. In the future we would like our towns and villages to be connected with each other and places outside the Shire by an affordable, efficient public transport network, full mobile phone coverage and fast internet services.

·    We have good quality roads and a network of accessible foot and bike paths connects communities throughout the Shire

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We are challenged by the condition of our paved and gravel roads, seasonal parking availability, lack of footpaths in our urban areas and the lack of foot and bike paths connecting our communities. In the future we would like the road network within the Shire to be better maintained, road connections to other regional centres to be upgraded, car parking in our towns and villages to be better designed and more plentiful and highway traffic slowed down in our villages. We would like our Central Business Districts to be more pedestrian friendly and accessible and our urban areas to have more footpaths. We would also like a network of well-maintained shared foot/bike paths linking communities throughout the Shire.

·    We have meaningful employment and education opportunities for people in all stages in life

How did this draft ambition develop? - Through our community consultation feedback, we learnt that:

We love our schools but are limited by the lack of high schools and tertiary education opportunities. Some of us enjoy our jobs but many are challenged by the limited range and number of local employment opportunities. In the future we would like plenty of job opportunities and education services for all stages in life but particularly for our youth.

It is recommended the draft community ambitions be publically exhibited prior to the formal public exhibition of the entire draft Bega Valley Community Strategic Plan 2040. This will ensure they adequately reflect the desired future ambitions of the community and permit the incorporation of community feedback before the development of other components of the draft Community Strategic Plan 2040.

Operational Plan

The delivery of the Community Strategic Plan 2040 consultation is an identified activity within the 2016-17 and 2017-18 Operational Plan.  The delivery of this activity was designed to take place over two financial years

Consultation

The development of the Understanding Our Place report is a result of extensive community consultation.

The survey was promoted throughout the Bega Valley Shire by:

•     Listening posts in the CBDs of the 4 major town centres and 9 markets throughout the Bega Valley Shire

•     11 town hall drop in sessions in villages throughout the Bega Valley Shire

•     Attending community group meetings, events and community services

•     Bega Valley Shire Library email contact list and email contact lists of local community and sporting organisations and businesses, and the local TAFE and University of Wollongong campuses

•     Advertising on radio, local newspapers, Council’s website, Facebook page and Village Newsletter, displays in all local libraries, flyers and posters in shops and town noticeboards

Targeted consultation was held with pre-schools, primary schools and high school students.  Direct consultations were also held with identified groups within our community including indigenous and disability groups.

Conclusion

The publication of the Understanding our Place report is an informing document into the Draft Community Ambition Statements for the upcoming Community Strategic Plan.  The report provides Council, agencies and our community with a snapshot in time of our community values and aspirations

 

Attachments

Nil

 

Recommendation

1.         That Council endorse the publication of the draft Understanding Our Place document as an informing document to the draft Community Ambition statements.

2.         That Council resolve to exhibit the Draft Community Ambition statements for a period of 28 days and that any submissions received be reported to Council.

 


Council 2 November 2016

Item 13.3

 

13.3. RFT 78/16 Building Condition Assessment and Quantity Survey for Council's buildings     

 

This report details the outcome of an evaluation of Tender RFT 78/16 for Building Condition Assessment and Quantity Survey for Council’s Building Assets.

 

Director Strategy and Business Services  

 

Background

Building consultancy services are required to undertake a condition assessment of Council’s building inventory.  The aim of the consultancy is twofold. To:-

1.         complete a quantity survey of Council’s supplied building inventory to a more fine grained level of componentisation than presently exists.

2.         assess the condition of each component of the expanded building asset hierarchy so that the information may be used to value Council’s building stock in the future and to develop refined asset management plans, building upgrade, renewal and maintenance programmes and associated budgets.

The tenders were evaluated in accordance with evaluation criteria, weighting and scoring criteria as follows:-

Value for Money (50%) made up as follows:

·    The overall project cost;

Experience (25%) made up as follows:

·    Demonstrated ability and experience to complete similar projects;

·    Quality systems and QA experience.

Study Methodology (20%) made up as follows:

·    Satisfactory recognition of the project objectives;

·    Conceptual and process approach to project;

·    Proposed arrangements and completion programme in Microsoft Project or Microsoft Excel.

Local community benefit (5%) made up as follows:

·    Recognition of local outcomes, demonstrating support for local business and community enterprise.

The value of the tenders received is within the current budget allocation for the consultancy.

The evaluation of the tenders received is attached in a Confidential Memorandum to Councillors.

Issues

Legal

The tendering process complies with the Local Government (General) Regulation 2005.

Strategic

Council is responsible for approximately $90 million worth of building assets throughout the Shire.  Council’s Building Asset Management Plan (BAMP) provides an overall framework for the strategic management of Council's building portfolio.  Data contained in the existing BAMP was derived from a variety of sources including valuations carried out by an independent valuer, aged based condition ratings and visual inspection. 

A primary objective of the investigation is to allow Council to develop an additional level of componentisation to its existing building asset hierarchy.  This will effectively quantify Council’s building portfolio as at 2016.  Currently, the level of componentisation is too high to allow effective maintenance, renewal and upgrade management of the building stock.  The additional information will allow Council to revalue the building inventory accurately and allow better projections related to upgrade, renewal and maintenance profiles.  A quantity survey will provide the necessary data in compiling the third tier of Council’s building asset hierarchy.

Operational Plan

The proposed consultancy is in accordance with asset management and financial requirements.

Financial and Resources

The Tender responses received are within the budget allocated for the Building Condition Assessment and Quantity Survey project and will be funded by the Special Rate Variation for the renewal and upgrade of Council’s public halls and buildings.

Conclusion

This report provides information about the tender evaluation process and advice by way of Confidential Memorandum on assessment of the received tenders and provides recommendations for Council to consider.

 

Attachments

1.            RFT 78/16 Confidential Memorandum (Councillor Only) (Confidential)

 

Recommendation

1.         That Council accept the recommendations as outlined in the Confidential Memorandum.

2.         That Council accept the quotation from <insert> in relation to RFT 78/16 Building Condition Assessment and Quantity Survey Bega Valley Shire Council in the amount of            <insert> (including GST).

3.         That authority be delegated to the General Manager to execute all necessary documentation.

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

   

 


Council

2 November 2016

 

 

Notices of Motion

 

02 November 2016

 

18.1            Constitutional Referendum - Popularly Elected Mayor.................................... 156

18.2            Hotel Australasia............................................................................................... 157


Council 2 November 2016

Item 18.1

 

18.1. Cr Robyn Bain - Constitutional Referendum - Popularly Elected Mayor        

 

Background

A number of electors have expressed the opinion that the Mayor of the Bega Valley should be popularly elected.

Under the Local Government Act 1993 – Section 228 states:

How is it decided that the mayor be elected by electors?

1.    It may be decided at a constitutional referendum that the mayor be elected by the electors

This can proceed as a constitutional referendum held prior to the April before the next election in 2020 and would then if successful allow for the election of a popularly elected mayor at the 2020 Council elections.  A constitutional referendum could also be held at the time of the next election on 2020 and would then, if successful, allow for the election of a popularly elected mayor at the 2024 Council elections.

Cr Robyn Bain

 

Attachments

Nil

 

Notice of Motion

That Council conduct a constitutional referendum in the period 2017 to April 2020, prior to the next Council elections in 2020, to consider the election by electors of the Mayor.

 


Council 2 November 2016

Item 18.2

 

18.2. Cr Robyn Bain - Hotel Australasia        

 

Background

Council has previously resolved to purchase the Eden Australasia and this has been enacted with Council now the owner of the site. Council’s goal has been the acquisition of a public laneway connecting the Chandos St car park with Imlay St, and the heritage restoration of the former Hotel Australasia.  A Development Application has been lodged and is being assessed for the demolition and restoration. Council previously called for expressions of interest from the community in relation to the site.  It is clear that there is still some community concern about the future of the site.  It would seem suitable for the Council to again gauge interest in the site, allowing the outcomes of the laneway moving to public ownership and the restoration of the façade to be confirmed, with the aim to minimise potential future costs to the community.

Cr Robyn Bain

 

Attachments

Nil

 

Notice of Motion

That Council hold a further Expression of Interest process for private development of the Hotel Australasia maintaining the laneway in public ownership and requiring the heritage restoration of the Imlay Street frontage. Further that no physical works commence on site until such time as Council has resolved its position on the outcome of the Expression of Interest process.

   


Council

2 November 2016

 

 

Questions On Notice

 

02 November 2016

 

19.1            Cr Nadin - Estuary and Catchment Management............................................. 159


Council 2 November 2016

Item 19.1

 

19.1. Cr Nadin - Estuary and Catchment Management     

 

At its Ordinary Meeting on 12 October 2016, Cr Nadin asked if Councillors could be updated on the estuary and catchment management planning currently underway in Merimbula and the estimated completion date for this.

The question was taken on notice by the Director, Planning and Environment.

 

Director Planning and Environment  

 

Response

The environmental, economic and community importance of the catchments of Merimbula and Back Lakes has been formally recognized since 1997 when an Estuary Management Plan (EMP) was first adopted by Council.

Earlier this year Council received funding from the NSW Office of Environment & Heritage for the review of a number of the EMP’s in the Shire, including the Merimbula and Back Lake EMP.  Funding received is on a dollar for dollar basis and Council’s contribution will be funded from our annual estuary funds and the Environment Special Rate Variation. The procurement for the delivery of this review was completed in September 2016 and the University of NSW Water Research Laboratory was successful in securing the contract.

The process will include a review of the actions of the existing EMP; community consultation to identify community needs and aspirations for the lakes and catchments; and development of directions to protect the functioning of the lake and catchments into the future. The review will take approximately 12 months and will also involve government agencies. When the EMP is completed, it will be submitted to the NSW government for certification and gazettal.

This process will deliver Council a Plan that will lead the management of the Merimbula & Back Lakes and catchments into the future. The certification process also ties Council into increased state funding opportunities for potential environmental works around the lakes and in the catchments. 

 

Attachments

Nil