Agenda of Council - 20 September 2017

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

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

· Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

Disclosure of pecuniary interests / non-pecuniary interests

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

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

20 September 2017

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 and Closed session held on 30 August 2017 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be prior to discussion on each item.

4 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 Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision 9

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 User Fees................................................................................................................ 40

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 Assignment of Lease - Lease site LS-02 and Counter Space within Terminal at Merimbula Airport 50

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 Drinking Water Fluoridation ........................................................................................................ 86

12.2 Proposed Merimbula Sewage Treatment Plant Upgrade and Deep Water Ocean Outfall - Community Working Group......................................................................................................................... 294

12.3 RFT 73/17 Sprayed Bituminous Surfacing Program 2017/2018.......................................... 316

12.4 RFT 65/17 Stabilisation Supply and Mix Contract................................................................... 318

12.5 Sapphire Coast Community Aged Care Limited Request for Assistance............................. 320

12.6 Bega Valley Local Traffic Committee......................................................................................... 328

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 Tapscott.

13.1 Consultants and Legals................................................................................................................ 334

13.2 Council Meeting Agenda - Order of Business......................................................................... 336

13.3 Local Government NSW Annual Conference 2017 - submission of motions by Bega Valley Shire Council..................................................................................................................................................... 338

13.4 Gift Register - September 2016 to August 2017..................................................................... 344

13.5 Chairing of Meeting Agenda and Reporting Theme areas.................................................... 353

13.6 Council meeting dates to December 2018.............................................................................. 358

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.

14.1 Financial Statements 2016/17................................................................................................... 361

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 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

18.1 Establishment of two squash courts at Pambula Sporting Complex..................................... 364

19 Questions On Notice

19.1 Cr Nadin - cost of facilator Tura Beach community meeting................................................. 367

19.2 Cr Bain - Communicating the A Frames signage amnesty...................................................... 368

20 Questions for the Next Meeting

21 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 369

21.1 General Manager Annual Performance Review for period ending 30 June 2017

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

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 20 September 2017

Item 9.1

9.1. DA No. 2016.472: Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision

General Manager

Applicant	K Pongratz
Owner	K Pongratz
Site	Lot 28 DP 1107 – 525 K B Timms Drive, Eden
Zone	Part E2 – Environmental Conservation, Part R5 - Large Lot Residential and Part R2 – Low Density Residential
Site area	45.3 Ha
Proposed development	5 lot subdivision

Background

On 15 June 2017 Council approved a five (5) lot subdivision of the land subject to the terms and conditions outlined in Development Consent 2016.472 dated 16 June 2017. The subdivision comprised 4 large residential lots (proposed Lots A to D inclusive) and 1 residue lot (proposed Lot E). See Attachment 1

The residential lots ranged in area from 8,259m² (Lot A) to 1.282 hectares (Lot D). Lot E, being the balance of the Eden Cove Estate maintained an area of 40.87 hectares.

Access to the subdivision was approved from Komirra Drive and K B Timms Drive. As proposed and as approved, reticulated town water and sewer infrastructure would not be provided to the land.

The land is subject to an endorsed Master Plan – Eden Cove Master Plan (7-2-2005) dated 19 April 2006. The development principles of the Master Plan have been transposed into the Bega Valley Local Environmental Plan (BVLEP) 2013 through the prescription of specific zones and corresponding minimum lot size requirements. The principles of the Master Plan have also been recognised by the Bega Valley Development Control Plan (BVDCP) 2013.

On 31 July 2017, the applicant sought a formal review of specific conditions as detailed in the Development Consent, pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 (the Act). See Attachment 2

Planning assessment

The applicant has requested a review of the following Conditions:

Condition 8

The Condition states:

“The development must be provided with underground electricity infrastructure. A Notification of Arrangement letter issued by the relevant electricity supplier is to be obtained and forwarded to the Principal Certifying Authority prior to the issue of a subdivision certificate.”

The applicant has requested that word “underground” be deleted from the Condition. In support, the applicant maintains the approval is for 4 rural residential style lots that are located towards the northern end of an existing road (Komirra Drive) which provides access to other rural residential style lots. All existing lots are accessed by overhead electricity lines located along Komirra Drive and the requirement for underground electricity to proposed lots A-D, adds expense without serving a purpose. Future residential development of the residue Lot E would require underground power.

Officer Comment:
The Condition stems from the assessment of the application undertaken by Council officers pursuant to Section 79C of the Act. Under the provisions of the Act, Council is obligated to consider the provisions of the BVLEP and the BVDCP as they apply to the land in question.

In this instance, the portion of the site which fronts Komirra Drive is located mostly within an R2 Low Density Residential Zone and partly within an R5 Large Lot Residential Zone as prescribed by the provisions of the BVLEP. Under the provisions of the BVDCP (Section 6.4.2.2) where land is located within the R2 Low Density Residential Zone, residential subdivisions will be serviced by underground electricity reticulation. The exception being small scale infill subdivisions serviced by existing overhead reticulation.

Komirra Drive is currently serviced by overhead electricity reticulation. The service supplies up to 7 long standing rural residential style lots on the opposite side of the street. The detail in the Application indicated the existing service would be suitable and available to the proposed subdivision but would need to be upgraded by the installation of transformers to ensure adequacy of supply.

Acknowledging that reticulated electricity would be available to the subdivision, Council officers at the time of the initial assessment were of the opinion the scope of the proposed subdivision, inclusive of any future subdivision potential associated with proposed Lot E could not be regarded as small scale infill subdivision and as such, the provisions of the BVDCP should be applied.

Accordingly, the Condition should be retained without amendment.

Condition 13

The Condition states:

“The inner asset protection zones applying to proposed Lots A to D inclusive shall be managed in accordance with the requirements of the Eden Cove Master Plan (7-2-225) dated 19 April 2006, more specifically and as relevant, Part 4.5 of the associated Bushland Management Plan prepared by Conacher Travers dated March 2006. The plan of subdivision and Section 88B Instrument shall establish a suitable covenant to give effect to this requirement. Council is to be nominated as having the benefit of the covenant and the sole authority to release, vary or modify the covenant.”

Officer Comment
The Condition is designed to ensure that an appropriate level of bush fire mitigation and safety is achieved as part of the subdivision process. However, in doing so, there is recognition that sections of the total land holding have a high standard of environmental integrity and those areas should be subject to protection and embellishment through canopy restoration as referenced and detailed in the Eden Cove Master Plan and Bushland Management Plan.

The applicant is of the opinion that canopy restoration as part of the subdivision (Lots A to D) is not warranted given the natural characteristics of the land and that of adjoining and adjacent lands. The applicant maintains adequate asset protection zones can be established within the individual lots without impacting on environmental integrity. In accordance with the Condition, the applicant has provided a “sample covenant” for Council’s consideration.

The covenant would be applied to Lots A to D and would be worded in accordance with the recommendations contained within the Bush Fire Management Plan referenced in the Condition. The extent of the covenant is shown on the plan attached to applicant’s submission. (Attachment 2)

The terms of the covenant would read:

“The owners of the lot burdened shall manage the areas denoted (R) on the plan as follows:

1. Up to 25% of the shrub layer is to be retained or rehabilitated in a natural state. Connectivity with the sub-canopy or canopy layer is to be avoided.

2. Grasses are to remain managed throughout the entire Inner Protection Area by slashing or brush cutting.

3. A maximum of 1 tree per 100m² is to be retained such that a discontinuous canopy is created i.e. greater than 2m canopy separation.

4. Maintain low fuel levels of less than 3 ton per hectare within an IPA.

5. Remove twigs or branches <10 mm diameter on a regular basis. Dead timber is to be removed within APZ unless it provides shelter or hollows.

6. Placement of plants for landscaping purposes is to avoid planting against rough barked tree species and preferably in discontinuous clumps.”

In the initial assessment of the application, Council officers accepted the position of the applicant in that nominated canopy restoration works within the boundaries of Lots A to D is not warranted and the establishment of required asset protection zones on the individual lots should not be influenced by unnecessary and/or inappropriate canopy restoration works.

The wording of the current Condition of Consent is in accordance with the referenced Bushland Management Plan, and therefore its wording is considered relevant and appropriate. Accordingly, the Condition should be retained without amendment.

Condition 15

The Condition states:

“Prior to the issue of any subsequent subdivision certificate, documentation shall be submitted to Council confirming that any and all works associated with the subdivision will not adversely impact on the integrity of Aboriginal archaeology on the subject land and/or on land in the immediate locality.”

The applicant has requested the Condition be deleted from the Consent on the basis that the only subdivision works to be carried out is the upgrading of existing access roads, the construction of four (4) driveways and the possible placement of power poles in Komirra Drive. These areas are highly disturbed and it is extremely unlikely that works will impact the integrity of Aboriginal archaeology.

Officer Comment
Detailed site investigations and reporting was carried out as part of the Master Plan process for the Eden Cove Residential Estate. The investigations identified a number of sites/potential sites on the Estate which warranted additional investigation for the purpose of establishing appropriate protocols in addressing the significance of each site. The current Application as submitted relied solely on those investigations and reporting.

On review, whilst no sites were identified on Lots A to D inclusive, a number of sites were identified on the residue lot (Lot E) which will need further investigation if and when Lot E is to be developed.

Notwithstanding the above and given the reported presence of a number of sites in the immediate vicinity, it was considered appropriate to impose a suitable condition on the issue of the Consent to ensure appropriate protocols are enacted for the purpose of preserving the integrity of Aboriginal cultural and archaeological heritage.

The Condition places the onus on the applicant to fully establish the scope of the subdivision works as required by the Consent and to engage a suitably experienced and/or qualified professional to evaluate any associated impacts on Aboriginal cultural and archaeological heritage. Some initial upfront investigation may save significant time if, as part of the subdivision works, Aboriginal items of cultural significance are unearthed. In such an event, all works must cease immediately and contact made with the Office of Environment and Heritage for the purpose of resolving on an appropriate course of action.

Accordingly, the Condition is considered fully justified and sustainable and as such should be retained.

Condition 17

The Condition states:

“Prior to the issue of the subdivision certificate, the area shown on proposed Lot D as being included in the canopy restoration area as defined by the Eden Cove Master plan (7/2/2005) dated 19 April 2006, more specifically, the associated Bushland Management Plan prepared by Conacher Travers dated March 2006 shall be revegetated in accordance with the Plan to Council’s satisfaction. Prior to works commencing, consultation with relevant Council staff is recommended for the purpose of defining the scope of the works involved.

Alternatively, the rear boundary of proposed Lot D shall be modified to effectively excise and relocate the nominated area to within the boundaries of proposed Lot E”

The applicant is seeking a deletion of the Condition on the basis that the canopy restoration area as nominated in the Bushland Management Plan need not extend into Lot D. The applicant has recommended an alternative delineation of the mapped restoration corridor which would effectively take the need to undertake any canopy restoration works outside boundaries of Lot D. The applicant maintains that a minimum 40m riparian buffer would be retained between the eastern boundary Lot D and western bank of Bellbird Creek.

Officer Comment
As stated above, the Eden Cove Master Plan references the adoption of a Bushland Management Plan and the proposed lots would be affected by nominated canopy restoration areas.

Under the Plan, the purpose of canopy restoration is to supplement habitat opportunities within existing riparian corridors which are mostly located along Bellbird Creek which traverses the Estate.

In the initial assessment of the application, it was established that large areas of Lots A to C were nominated in the Bushland Management Plan for canopy restoration. On assessment, it was established the existing vegetated riparian corridor width across Bellbird Creek in the vicinity of those lots was in the order of 180m and the bushland characteristics of the adjoining Ben Boyd National Park were pristine and expansive. It was also noted any canopy restoration as nominated by the Plan, would effectively increase the bushfire hazard risk to those properties fronting Komirra Drive directly opposite. Accordingly, compliance with the Plan was not considered warranted as it applied to Lots A to C.

In relation to Lot D, it was noted the Bushland Management Plan nominated a pocket of cleared land adjacent the south eastern corner of the lot. It was considered that revegetation within the nominated area in accordance with the Plan was reasonably justifiable as it would supplement revegetation works required in the future development of proposed Lot E being the balance of the Estate. It was also established that any revegetation works would not influence the siting and design of any future dwelling on the lot or compromise the effectiveness of its associated asset protection zone.

As an alternative, it was considered the rear boundary to proposed Lot D could be easily modified to effectively excise and relocate the area of land in question to within the boundaries of proposed Lot E.

Given the above, the Condition is considered fully justified and sustainable and as such should be retained.

Conditions 24 (a) and (b)

Condition 24(a) states:

“The following subdivision work shall be designed (Engineering Design plans submitted to Council for approval) and constructed in conformity with Council’s Subdivision Guidelines and Technical Specifications (or other documents formally adopted by Council for the purpose of specifying standards for subdivision works as current at the date of the relevant Construction Certificate, and sound engineering practice:

Roadworks

a) The subdivider shall carry out pavement strengthening improvements in Government Road to accommodate traffic loadings arising from the subdivision including the following:

● Pavement strengthening and reconstruction between Komirra Drive and Palestine Creek,

● 6.4 metre wide bitumen sealed pavement with 0.6 metre wide bitumen sealed shoulders on both sides,

● 1.5 metre wide table drains,

● Constructed stormwater drainage (minimum pipe size shall be 450mm diameter),

● Erection of road name signs, and

● Installation of guideposts, protective fencing, and signposting, to the standards specified in the Roads and Traffic Authority’s “Road Design Guide”.

(Reason: to provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development.)

The applicant is seeking a deletion of the Condition on the basis it is excessive, non-reflective of the scope of the subdivision (4 additional rural residential style lots) and therefore, inappropriate. Furthermore, the applicant is of the opinion the works should have been undertaken as part of the earlier subdivision releases (DA 1999.1322) in the Estate and should not be at the expense of any future landowner/developer.

The applicant maintains the Condition is not justified given the fact that the section of Government Road referred to in the Condition services 167 lots and that the standard of the existing road formation would cater for the likely traffic generating potential of the proposed subdivision. The applicant also notes that Council approved a similar subdivision (DA 2013.174) at the eastern end of the Eden Cove Estate and no such condition was imposed on that approval.

Condition 24(b) states:

“The intersection to Government Road with the Princes Highway shall be designed and constructed to satisfy the minimum standards for a CHR/AUL intersection treatment as set out in the Roads and Traffic Authority’s “Road Design Guide”, including the requirement for Safe Intersection Sight Distance for a 70 km/hr design speed in the Princes Highway.

(Reason: to provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).”

The applicant is seeking a deletion of the Condition on the basis it requires a substantial upgrade of the intersection of Government Road and Princes Highway which is excessive and non-reflective of the scope of the subdivision (4 additional rural residential style lots) and therefore, inappropriate. Furthermore, the applicant is of the opinion the works should have been undertaken as part of the earlier subdivision releases (DA 1999.1322) in the Estate and should not be at the expense of any future landowner/developer.

The applicant maintains the Condition is not justified given the fact the intersection services 198 lots and the standard of the intersection would cater for the likely traffic generating potential of the proposed subdivision. The applicant also notes that Council approved a similar subdivision (DA 2013.174) at the eastern end of the Eden Cove Estate and no such condition was imposed on that approval.

The applicant also maintains the Eden Cove Master Plan requires the upgrade of the intersection prior to the construction of the 20^th home in Stage 6 – that is, the next residential stage.

Officer Comment
Development Agreement

As documented in the Master Plan, a Developer Service Agreement is a contractual agreement between the planning authority and the developer. No such Agreement is apparent in Council’s records.

Council at its meeting dated 6 November 2013 considered a Council officer report that outlined the status of the subdivision in regard to outstanding civil engineering works to be completed and the intentions of the developer to undertake those works.

After considering the matter, Council resolved:

“That Council continues to insist that the developer submits an acceptable infrastructure servicing plan to be agreed to by Council prior to the lodgement of development applications for any future subdivision stages, to complete public works associated with the stages released to date, as well as to adequately cater for public works in future stages.”

See Attachment 3

Council’s Resolution was conveyed to the proponent by letter dated 9 June 2016.

The current Development Application (2016.472) was not supported by a Council endorsed Developer Servicing Agreement. In support of the Application at the time, the applicant submitted the following:

· The proposed subdivision is small in comparison to the subdivision potential across the balance of the whole of the Estate.

· The subdivision would not be connected to Council’s reticulated town water and sewer systems.

· No new roads would be constructed.

· The subdivision would attract normal Section 94 contributions.

· The necessity of formulating and adopting a developer servicing agreement would have greater relevance in the subdivision of the balance of the Estate.

On that basis, the applicant was of the opinion the preparation, adoption and implementation of a Developer Servicing Agreement was not warranted at the time.

On review, Council officers formed the view that given the scope of the proposed subdivision, a Developer Servicing Agreement was not warranted or justified at this time. It was accepted that if and when the balance (proposed Lot E) of the Estate was subject to more intense subdivision, a Developer Service Agreement would be integral to the provision of services to the Estate.

Roads

Under the provisions of the Eden Cove Master Plan, consultation between Council and proponent is required to take place prior to lodging any subsequent Development Application for the purpose of establishing an acceptable working bus service route. This was seen as essential in predetermining the size of the required road network in conformity with Council’s/Roads and Maritime Services (RMS) requirements at the time.

Suitable road design standards were established and applied as part of the subdivision design for the first 5 stages in the Estate (Development Consent 1999.1322). Suitable conditions were imposed on that Consent requiring the upgrade of the Government Road/Princes Highway intersection and the upgrade of Government Road from Komirra Drive. The Conditions were generally reflective of the Master Plan requirements and/or were deemed necessary to ensure a suitable standard of road construction in accordance with Council’s adopted Subdivision Guidelines and Technical Specifications for Civil Engineering Works at the time.

The upgrades have not been carried out. Accordingly, and given Council’s Resolution of the 6 November 2013 (as mentioned earlier in this report) it was considered reasonable and justified to impose similar conditions on the current Application to that imposed on Development Consent 1999.1322 to ensure the necessary upgrades are undertaken and completed.

In relation to the timing for the required intersection upgrade, the Eden Cove Master Plan is not specific as suggested by the applicant. The Plan reads:

“Intersection of Government Road and Princes highway is to be upgraded in accordance with RTA Standards prior to the construction of the subdivisions 20^th house.”

Council’s Resolution of 6 November 2013

The applicant is of the opinion that:

· the wording of Council’s Resolution is somewhat ambiguous. It states:” that the developer submits an acceptable infrastructure servicing plan..” - nothing more

· the said plan is to take into account the works that are required for the existing approved and released stages and also the proposed future stages. The need to consider stages that have already been developed appears to be the result of Council not implementing appropriate measures for appropriate works.

· the Resolution is in regard to the residential development of the Eden Cove Estate and the creation of 4 rural residential lots on the periphery of the estate is not impacted by this Resolution. This is supported by the current consent as servicing plans have not required and it is also supported by the approved DA2013.174 at the eastern end of Eden Cove. That approval did not require the provision of a servicing plan nor upgrade Government Road, nor its intersection with the Princes Highway.

· the development of residential land in the shire is difficult with a number of developers going to the wall in their attempts to provide residential estates - 2 developers so far at Eden Cove. This is also evidenced in that almost all such developments are owned by civil contractors who are able, in some part, to reduce their construction costs for these projects. Council must be extremely mindful of the imposition of unrealistic or unnecessary conditions on applications.

The applicant has indicated that should there be an issue with resolving conditions 24(a) and (b) there should be a workshop with the Councillors to gain some clarity in this matter.

Given the circumstances of the case, it is the position of Council officers that Council should consider and resolve on a course of action regarding the appropriateness of Conditions 24(a) and (b).

Attachments

1 . Development Consent 2016.472 dated 16 June 2017

2 . Proponents Submission 31 July 2017

3 . Council Report Eden Cove - Report on outstanding works 6 November 2013

Recommendation

1. That the applicant be advised that in determining the request to seek a review of specific conditions detailed in Development Consent 2016.472 dated 16 June 2017 Council, has resolved the following:

a. That Condition 8, 13, 15 and 17 be retained without amendment for the reasons nominated within the Council report dated 20 September 2017.

2. That Council resolve on the appropriateness of Conditions 24(a) and (b) and advise the applicant accordingly.

Council 20 September 2017

Item 10.1

10.1. Sportsground User Fees

This report provides an update on sportsgrounds user fees structure which was implemented for the 2016/17 year.

Director Community, Relations and Leisure

Background

Council at its Ordinary Meeting of 29 June 2016 in adoption of the 2016-17 Operation Plan, Budget, Fees and Charges resolved:

“3. That the Draft Fees and Charges 2016/17 be adopted with a separate report to Council on the impact of the implementation of Sportsground Fees.”

Council’s aim is to deliver safe, accessible, and fit-for-purpose facilities. The development of Facility Management Plans (FMP’s) has been fundamental to understanding what resourcing is required for sportsground facilities to operate at fit for purpose level. Typically there are two sources for funding operational works at community sportsgrounds – from Council’s general fund and through user fees.

Prior to 2015 the fee structure in place was complex, inconsistent from one facility to the next, and didn’t reflect the levels of use at the sites. In the early part of 2016 Council officers undertook a detailed review of the sportsground fees structure looking to meet the following objectives:

§ A simpler, consistent and equitable system.

§ The amount of use of the grounds would relate to the fees collected.

§ Consistent booking procedures used to capture information.

§ Implementing a user contribution acknowledging the operation and maintenance costs and booked periods of ‘exclusive use’ of a public facility.

§ Consistent annual income to offset a percentage of the Council’s costs of managing the facilities.

§ A consistent invoicing process.

§ Clubs being in a position to clearly factor the user fees into their registrations.

Engagement with Council’s 355 General Sportsground Committee and with sportsground users was undertaken (see consultation and communications section for more detail) and as a result, officers prepared a schedule of fees to be included in the 2016-17 fees and charges.

The fees and charges were subsequently adopted by Council on 29 June 2016, with the Resolution including a separate report be provided to Council on the impact of the implementation of sportsground fees. Information is now available to provide this report.

Issues

Strategic

There are a number of Council plans and policies that relate directly and indirectly to the maintenance and operations of the Shire’s sportsgrounds. They include:

§ Bega Valley Community Strategic Plan 2040

§ Council’s Delivery Program 2017 to 2021

§ BVSC Operational Plan 2017/18

§ Asset Management Plan – Leisure and Recreation 2017

§ BVSC Specification Sports Ovals/Fields 2016

§ Sportsgrounds Condition Assessments 2016

§ Sportsground Facility Management Plans (FMP)

Effective operation of Council’s sportsgrounds links to the following outcomes, goals and strategies identified in the Bega Valley Community Strategic Plan 2040:

Outcome 1 - Active and Healthy Communities

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Outcome 4 – Liveable Places

Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Outcome 6 – Strong, Consultative Leadership

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

Operational / Asset Management Plan

Council’s adopted Asset Management Plan – Leisure and Recreation 2017 identifies existing facilities, their condition and provides the framework for the programed renewal of sportsground facilities.

Individual FMPs have been adopted for the regional and district level sites. Draft FMPs have been developed for local sites and are being finalised. The FMPs provide the framework for operations and maintenance at the sites.

Social / Cultural

FMPs and subsequently the new sportsground fees structure account for the benefits and value of the contribution through both user fees and volunteer efforts in the running of sportsgrounds facilities. This is done through putting a commercial dollar value on the work undertaken by volunteers at each site, which would otherwise be included in works to be funded by Council. This volunteer value is counted towards the contribution made by clubs and committees.

Community Engagement and/or Communications

The review of sportsground facility fees involved: research into fee structures in place across the country; a survey of sportsground users; consultation with sportsground users and in particular sporting clubs; consultation with the various sportsground committees and the S355 General Sportsgrounds Committee; and Councillor Workshops.

A discussion paper was distributed and tabled at the 29 February 2016 S355 General Sportsgrounds Committee meeting. The matter was deferred to an additional meeting on 4 April 2016 where fees were discussed in conjunction with FMPs. The model presented by Council officers in the discussion paper was based on a seasonal rate per registered player approach. An alternative model was discussed and endorsed by the S355 Sportsgrounds Committee based on user fees for each site to recoup 25% of Council’s costs using one of two methods:

1. Where a functioning site committee is in place, officers will advise the committee of the amount required to reach the 25% cost recovery figure. The committee will then inform Council of the amounts payable by each user group/club and invoices will be sent directly to these groups by Council.

2. Where a functioning site committee is not in place, the individual seasonal rate per registered player method ($15 for a junior and $30 for a senior) will be used by Council officers to determine the amounts payable by each user group/club and invoices will be sent directly to these groups by Council.

During the review period of the sportsgrounds fees and charges, all clubs were given the opportunity to provide information through an online survey with individual notifications distributed by email.

Officers have been in regular contact with the site committees and individual user groups throughout 2016-17, with consistent discussions around the fees structure. In addition a further survey was sent on 4 August 2017 to all of the 44 regular sportsground user groups (clubs) in 2016-17 to enable a further opportunity to provide feedback on the new system.

Responses were received from 16 user groups (approx. 33%) with some clubs providing multiple responses through their members – the completed survey responses are a Confidential Attachment to this report. The Attachment is confidential as it includes the names of clubs and individuals.

The key themes identified from those that responded were:

§ Understanding of the system was poor.

§ There was concern from a majority of users around the financial impact of sportsground fees on club finances.

§ Understanding of the operations and maintenance work undertaken by or on behalf of Council at some sites is poor.

§ Many user groups are of the opinion their use of Council’s sportsgrounds should be fully subsidised by the Council.

Financial and resource considerations

Sportsground fees contribute to the operational and maintenance costs of individual sportsgrounds facilities. In 2016-17 a total of $77,375 in sportsground invoices were issued. To date $58,877.08 has been received.

The fees payable for 2016-17 are attached to this report. The fee structure has guided the schedule of fees listed in and adopted in the 2017-18 fees and charges.

The table below is a summary from Council’s FMPs regarding the contribution sought from sportsground committees (25% of overall maintenance costs or per player contribution) and the contribution made by Council.

Table 1

Site	Total Operational and Maintenance Costs	Committee Contribution – Value of volunteer hours	Net cost to Council	Net User Fees billed – 25% of net cost to Council
Bega Sporting Complex	$90,860	$22,860	$68,432	$17,000
Pambula Sporting Complex	$82,840	$28,960	$53,880	$13,470
Berrambool Sports Complex - Merimbula	$88,592	$34,192	$54,400	$13,600
Wolumla Recreation Ground	$35,410	$18,810	$16,600	$4,150
George Brown Oval - Eden	$40,050	$15,250	$24,800	$6,200
Dickinson Oval - Bermagui	$43,600	$12,400	$31,200	$7,800
Bega Valley Fields	$28,670	$7,070	$21,600	$5,400
Lawrence Park - Tathra	$33,210	$13,210	$20,000	$5,000
Barclay Street -Eden	$40,660	$13,420	$27,240	$4,775 based on player numbers

It should be noted that capital renewal or upgrade costs are generally not borne by the users unless they raise funds specifically to improve or upgrade the facilities they use, these cost are usually borne by Council through capital allocations or external grants.

Risk

The financial risk to Council is that fees and charges provide income that is directly related to the use and maintenance of particular sportsgrounds, and if this income is not received there will be a net increase in the draw on Council’s General funds.

Options

There are two key principles that should be considered in this discussion:

1. There needs to be consistency in the application and collection of fees between user groups and across all sportsgrounds in the Shire, regardless of what it is.

2. That sportsgrounds must be fit for purpose, so not doing maintenance is not an option.

Council has two options available, which have a number of possible variations:

1. That a financial contribution is made by the users of sportsgrounds facilities towards to overall cost of operations and maintenance. This level of contribution can be raised or lowered as deemed appropriate.

2. That use of sportsground facilities has no charge. This option increases the draw from the general fund and will impact resources available for other activities.

In determining its position Council needs to consider if a contribution towards dedicated and specialised sportsground infrastructure should be charged. If Council consider other specialised sports facilities such as tennis courts, bowling greens, gyms, squash courts, swimming pools etc. these facilities attract a usage charge and people accept the need to contribute to the running and upkeep of the facility.

Volunteers do an amazing amount of work on Council assets across the Shire; however reliance on volunteers brings with it some risk in terms of knowledge, skills to undertake certain technical tasks, work health and safety requirements and reliability. Council needs to plan for the ebb and flow of volunteers involved in sportsgrounds to ensure that regardless of the volunteer effort there is still capacity to deliver fit for purpose facilities.

Conclusion

Prior to 2016 the method of generating fees and charges at sportsgrounds was inconsistent. Following a review, the S355 General Sportsground Committee resolved that a 25% contribution be made to the overall operating and maintenance costs. The purpose of the sportsground user fees is to establish a consistent and equitable system based on bookings and levels of ‘exclusive use’ of a public facility.

Feedback from the recent survey suggests there is limited understanding of the fees and charges structure and that many user groups are of the opinion their use of Council’s sportsgrounds should be fully subsidised by the ratepayers.

Attachments

1. Sportsground User Fees 2016/17

2 . Sportsgrounds User Fees Survey - Individual Responses (Councillor Only) (Confidential)

Recommendation

1. That Council note the report.

2. That Council maintain the adopted fees for 2017-18.

3. That further information and explanation be provided to sporting groups who use Council sportsground facilities and on Council’s website on the reason and method of determining fees and charges.

4. That the S355 General Sportsgrounds Committee revisit sportsground use fees prior to the 2018-19 schedule of fees being prepared.

5. That all user groups be notified of the outcome.

Council 20 September 2017

Item 12.1

12.1. Drinking Water Fluoridation

Council has added fluoride to drinking water in the Bega/Tathra supply system since 1963. Properties connected to other drinking water systems do not currently enjoy the benefit of added fluoride. This report details the community information process undertaken and recommends Council resolve to refer the matter to the Secretary of NSW Health for decision.

Director Transport and Utilities

Background

Fluoride is a natural part of the earth’s crust. Fluoride occurs naturally in minerals, and is found in: rocks, soil, natural water sources, plants and animals. Fluoride is found in all natural waters however the amount varies depending on the region and original source of water.

In Australia, the amount of naturally occurring fluoride in water is mostly very low (<0.1 mg/L), with the exception of some central Australian ground water supplies.

Naturally occurring fluoride levels are higher in water found in parts of the United States of America (USA), South America, Africa, the Middle East, China and the Indian subcontinent. In these areas, levels of fluoride greater than 3 mg/L are common and can also be considerably higher.

Council has added fluoride to drinking water in the Bega/Tathra supply system since 1963. Customers supplied with drinking water from other supply systems do not currently have the benefits of added fluoride.

NSW Health has been encouraging regional water utilities, including Bega Valley Shire Council to incorporate fluoride into their water treatment processes as an effective measure in preventing and reducing tooth decay.

On 4 November 2015 Council resolved to work with NSW Health to commence a broad based community information program regarding the fluoridation of drinking water.

Council engaged consultants from Hunter H2O on 8 September 2016 to undertake the program inclusive of website development, factsheet development and Agency liaison. The program has been undertaken with financial and technical support from NSW Health.

A memorandum was provided to Councillors on 20 December 2016, detailing the extent of the community information program. The memorandum specified the information program consisted of:

· advertisements in local newspapers;

· factsheet mail outs to 12,000 customers; and

· a custom designed website with high quality peer reviewed information with links to key resource documents and functionality enabling the community to “have their say”.

The community information program extended over a five month period from December 2016 to April 2017.

NSW Health presented to Council in a closed session on 3 May 2017 and at an open session on 28 June 2017.

On 28 June 2017 an update report was presented to Council. The report detailed the information process undertaken and Council subsequently resolved:

1. That Council note the fluoridation of drinking water community information process already undertaken.

2. That a final report regarding addition of fluoride to drinking water be submitted to Council for consideration on 20 September 2017.

3. That Council investigate options to refer the decision on Fluoridation of Water Supplies to the Director of NSW Health.

Council’s Water Supply

Council provides drinking water to about 29,000 people, increasing to 45,000 people during peak holiday times. There are four (4) water supply systems in the Local Government Area (LGA) including Tantawanglo-Kiah, Brogo-Bermagui, Bemboka and Bega-Tathra.

Fluoride has been added to the Bega-Tathra water supply system since 1963. Upgrades to water supply infrastructure, including water treatment facilities, are now in the planning stages. As part of these upgrades, Council is considering adding fluoride to the Tantawanglo-Kiah and Brogo-Bermagui water supplies.

Community Information Program

In September 2016, Council engaged specialist engineering consultants, Hunter H2O, to facilitate a community information program prior to Council making a decision to either accept or reject fluoridation of Bega Valley’s water supplies that remain without fluoride.

The community information program involved the development and distribution of factsheets, consultation with authorities, development and operation of a website and briefing of the Council. The hosted website provided the community with an opportunity to obtain information about Council’s water supply systems, as well as information about fluoridation of drinking water. The website also allowed the community to make submissions and have their say about the proposal.

The aim of the community information program was to provide all stakeholders with factual, science-based information about the fluoridation of drinking water and provide stakeholders with the opportunity to make submissions regarding proposed fluoridation.

Website

Hunter H2O designed a dedicated website to support the community information program. The aim of the website was provision of high quality information regarding fluoridation and Council’s water supply systems. The website also included “have your say” functionality, enabling the upload of submissions.

The website was hosted by Hunter H2O and was accessible via Council’s website. The website consisted of the following pages:

· Overview;

· Factsheets (four);

· Map of water supply areas;

· More information (links to find out more about fluoridation);

· Have Your Say (allowed stakeholders to make a submission via the website).

A screenshot of each web page is attached to this report.

Stakeholders were able to make submissions via the website. The website required a number of fields to be completed including name, address and contact information and allowed for submissions of up to 4,000 characters in length.

The website advised those intending to make a submission that under the Government Information (Public Access) Act 2009, details of their submission, including name and address would be publically available on request. The website also advised submissions that did not contain the author’s name and address would not be considered.

Some stakeholders contacted the Council to ask if they could make a submission directly, rather than via the website, as they did not have easy access to the internet. Council advised these stakeholders they could send their submission directly to Council and it would be included with the other submissions received via the website.

The submissions to the website were collated by Hunter H2O into a spreadsheet and a summary of the submissions is attached. The spreadsheet also contains a summary of the written submissions made directly to Council.

The website went live on 8 December 2016 and was available for stakeholder reference and submissions until 9 April 2017.

Factsheets

Four (4) factsheets were developed in conjunction with NSW Health. Copies of the factsheets are attached to this report and they covered the following topics:

1. Bega Valley Water Supply Systems:

Provided an overview of Council’s water supply system, as well as a description of the water supply areas currently fluoridated and those systems proposed to be fluoridated.

2. Overview of Fluoridation:

Provided an overview of fluoridation including what water fluoridation is, where fluoride comes from, the legislation that is in place to govern the addition of fluoride to drinking water, how much fluoride is added to drinking water and what happens in other states of Australia.

3. Why Fluoridate?:

Provided information about why fluoride is added to drinking water, what fluoride does, provided a link to the latest National Health and Medical Research Council document which included a review of research into fluoridation, provided information on other health effects of fluoridation and ethical issues associated with fluoridation as a public health measure.

4. Frequently Asked Questions:

Provided a list of frequently asked questions and answers about water fluoridation.

Factsheet 1 was mailed out to property owners in the Bega Valley Shire Council water supply areas.

Public Notice

In order to ensure that as many people as possible in the community were aware of Council’s community information program, public notices were placed in local papers. A copy of the public notice is attached to this report.

The notice was placed in the Bega District News, Merimbula News Weekly and Eden Magnet. The notices were run on 14, 15, 16 December 2016 and also on 1, 2, 3 February 2017. The notice directed interested residents to find out more by visiting the Hunter H2O website.

Summary of Submissions

The website was available for 17 weeks and during this time, 396 submissions were made to the website and 34 written submissions were made directly to Council, a total of 430 submissions overall.

Submissions Received

Three hundred and thirty two (332) of the submissions to the website were deemed to be valid submissions. Of these submissions, forty five (45) or (14%) supported fluoridation and two hundred and eighty seven (287) or (86%) were against fluoridation.

Of the 34 submissions that were sent directly to Council, 5 or (15%) supported fluoridation and 29 or (85%) were against fluoridation.

The submissions supporting fluoridation mostly cited dental health benefits as the reason they believed Council should fluoridate its drinking water. A number of the submissions supported fluoridation of drinking water because of the wider public health benefits, not only to themselves but to the broader members of the community and especially those that cannot afford to pay for dental health visits. Submissions often contained multiple reasons for supporting fluoridation of drinking water.

The submissions against fluoridation of drinking water cited a number of reasons including:

· fluoride being toxic

· being against mass medication

· being against forced medication

· didn’t believe that fluoride reduced tooth decay

· didn’t want chemicals added to drinking water

· other

Some submissions gave only one of the above reasons for opposing fluoridation, whilst others gave multiple reasons. Each submission against fluoridation was categorised according to the reason/s given and the total number of submissions by reason category is shown in Table 1 below. At least ten (10) of the objections received were a form/template letter. Note the total numbers in this table are greater than 287, as some submissions contained multiple reasons for opposing fluoridation of drinking water.

Table 1 – Reasons Given Against Water Fluoridation
Reason	Number of Submissions
Believe fluoride is toxic	132
Against mass medication	130
No specific reason given	38
Don’t believe fluoride reduces tooth decay	28
Don’t want chemicals added to their drinking water	25
Other	15

Some of the other reasons included: fluoride links to allergies and diseases; harm to the environment; fluoridation being unconstitutional; prevention of tooth decay readily improved by diet and not by fluoridation; and lastly a desire for drinking water to be as natural as possible.

There were also a number of calls made directly to Hunter H2O’s offices from residents and in each of these cases the resident was advised to speak directly to Council or to have their say via the website.

Website Statistics

During the 17 weeks the website was live, 824 unique users accessed the site. Overall there were 1,216 separate sessions, which means that some users accessed the site on multiple occasions. On average, each person viewed three (3) pages of the website per session and the average duration a person accessed the website site was four and a half minutes.

On average, there were three (3) submissions received each day while the website was live. On a number of occasions while the website was available, there were a high number of submissions received, these occasions were:

· 11 January 2017: 13 submissions

· 25 February 2017: 12 submissions

· 8 March 2017: 29 submissions

· 9 March: 46 submissions

· 2 April: 30 submissions

Figure 1 below shows the number of sessions per day while the website was active.

Figure 1 – Number of Sessions on the Website per Day

Interpretation of Submission Data

The data indicates greater than 85% of submissions to the website opposed the addition of fluoride to drinking water. Similarly, the majority of written submissions received directly by Council opposed the addition of fluoride. This result was expected and in line with the high degree of commitment displayed by the ‘no to fluoride’ side of the debate.

On the ‘yes to fluoride’ side of the debate, approximately 15% of submissions supported the addition of fluoride. However historical survey data from NSW Health indicates that on a broad community scale across NSW, consistently greater than 80% of people support the addition of fluoride to drinking water.

The factsheet mail outs to 12,000 customers may have in fact contributed to low specific response in the observed survey results, on both sides of the debate.

In addition to the submissions outlined above, the NSW Minister for Health and NSW Chief Health Officer wrote to the Mayor and General Manager respectively supporting the expansion of fluoridation in the Bega Valley Shire. Copies of both letters are attached to this report.

Answers to Specific Submission Questions

The submissions received by Council posed many questions which NSW Health undertook to answer. A copy of the NSW Health response to these questions is attached to the report.

Fluoride Petitions

The addition of fluoride to drinking water is a complex issue because of the underlying medical and epidemiological science involved. During the community information process, Council acted with a high degree of integrity around the provision of Australian peer reviewed, science based information to our community. The information was provided to Council by NSW Health and also by the National Health and Medical Research Council.

During the community information program a number of separate petitions were organised by the ‘no to fluoride’ side of the debate. These petitions included over 2,000 signatures and a copy of the petition propositions is attached to this report. Given the importance of the issue, as a community health initiative, the petition propositions themselves need to be evaluated through the lens of ethics, integrity and science. The key question that arises is - 'would a reasonable person in reading the petition propositions, in good faith, sign the petitions and particularly do so in the absence of any peer reviewed, science based information?'

If Council is of a mind to consider the petitions as relevant outside of the original Council Resolution, then it should also consider if it is likely, that based on the petition propositions, the legal equivalent of leading the witness has occurred for many of the signatories.

Role of the National Health and Medical Research Council

The National Health and Medical Research Council (NHMRC) develop health policy advice for the Australian community, health professionals and governments. NHMRC has publicly supported community water fluoridation as a population health measure since 1952, and regularly reviews the scientific evidence on the topic.

In 2014, NHMRC commenced a new evidence evaluation on the health effects of fluoride in drinking water to ensure the body of evidence that underpins its advice (issued as a public statement) is up to date and relevant for the Australian community.

The findings of the comprehensive evaluation have been published in the 2016 NHMRC Evidence Evaluation and are summarised in the July 2017 Information Paper attached to this report. The paper provides the final conclusions of the two-year review, and is the most comprehensive and reliable source of evidence available to decision makers in Australia to date.

Take-home message From NHMRC

The NHMRC Information Paper published in July 2017, explores the potential link between water fluoridation and human health, based on the findings of the 2016 NHMRC Evidence Evaluation.

The Information Paper shows that water fluoridation helps to reduce tooth decay in children and adults. It concludes that fluoridation is effective in reducing the occurrence and severity of tooth decay in children and teenagers by between 26-44%, and around 27% in adults and that there is no reliable evidence of any negative health effects.

NHMRC found consistent evidence of an association between water fluoridation and dental fluorosis. In Australia, however, most dental fluorosis is very mild or mild, does not affect the function of teeth and is not of aesthetic concern to those who have it.

The conclusions in the Information Paper were endorsed by the Fluoride Reference Group, an independent expert committee with members representing the fields of: medicine; dentistry; oral health; epidemiology; psychology; engineering; public health; cancer research; paediatric medicine; toxicology; water quality; ethics; and consumer issues. Attached to this report is an extract from the NHMRC web site showing the Fluoride Reference Group and their qualifications.

In summary the take-home message from NHMRC can be found on Page 1 of the July 2017 Information Paper.

NHMRC has also released a draft public statement based on the July 2017 Information Paper. This states that NHMRC strongly recommends community water fluoridation as a safe, effective and ethical way to help reduce tooth decay across the population.

A copy of the Draft Public Statement is also attached to this report.

Issues

Legal /Policy

Fluoride is added to public water supplies in accordance with the Fluoridation of Public Water Supplies Act 1957 (‘the Act’) and Fluoridation of Public Water Supplies Regulation 2012.

Under Section 6 and of the Act, Council can resolve to fluoridate drinking water and then obtain approval from the Secretary of NSW Health. Alternatively under Section 6A of the Act Council may refer the question of fluoridation to the Secretary for decision.

Attached to this report is a copy of a recent letter from the NSW Chief Health Officer to the General Manager which provides more detail regarding the legal framework and options for Council consideration.

As a separate issue, environmental assessment and approvals associated with the addition of fluoride to drinking water and construction of the facilities are managed as follows.

If the matter is referred under Section 6 or Section 6A of the Act then NSW Health effectively becomes the approval authority and Council has no role to play in any environmental approvals specifically associated with addition of fluoride to drinking water and its consequent impact on the environment.

The NSW Health, Chief Health Officer under delegation from the Secretary (PH460) has the power to approve or direct a water utility to add fluoride to a public water supply. This approval is required to comply with the Environmental Planning and Assessment Act 1979 (EP&A Act). Specifically the approver must consider any impacts on the environment resulting from the activity being approved. This occurs in practice by the Chief Health Officer considering a Review of Environmental Factors (REF) that considers generally the impact of fluoridated water on the environment.

Specific local environmental issues resulting from construction and operation of the fluoridation system would be considered by the water utility according to local planning approval processes in the same manner as all other construction works.

Strategic

The addition of fluoride has a strategic context because Council is in the process of planning and building water treatment plants.

From a buildability and efficiency perspective, there is advantage in incorporating the necessary fluoridation facilities into the new treatment plants at the time of their design and construction. Alternatively, the fluoridation plants can be constructed and commissioned now, ahead of planned water treatment facilities, noting that 100% capital works subsidy is available at present.

Operational / Asset Management Plan

If Council resolves to add fluoride to its drinking water supplies, then additional water treatment infrastructure will be required. These assets are fully funded (100% capital works subsidy) by the NSW State Government.

Social / Cultural

Fluoridation is a complex issue that involves community discussion about scientific information, values, legislation, ethics, equity, individual rights, politics, media, drinking water infrastructure and cost.

Community Engagement and/or Communications

Community engagement and the provision of credible, peer reviewed information has been the focus of the process as detailed above.

Over 400 formal submissions have been received as a result of print media in local newspapers, high quality factsheets, mail outs to 12,000 customers, the custom designed website with links to key resource documents, plus the community “have your say” engagement process.

In addition to the formal resource material, NSW Health has briefed Councillors on two occasions.

Financial and resource considerations

The capital assets required to add fluoride to drinking water are fully funded by the NSW State Government.

Fluoridation will result in increased operational expenses for Council and consequently additional cost to customers of approximately $3-$5 per connected residential property per year.

The community information phase of the project has cost in the order of $41,000, all of which has been subsidised by NSW Health.

Funding source		Amount
Subsidy Funding (NSW Health)	$	41,000

Options

There are two realistic options available for Council consideration. They are for Council to resolve to extend the addition of fluoride to all drinking water supply systems and to obtain approval from the Secretary of NSW Health to do so (Section 6 of the Fluoridation of Public Water Supplies Act 1957) or alternatively refer the question directly to the Secretary of NSW Health for decision (Section 6A of the Fluoridation of Public Water Supplies Act 1957).

The option to not fluoridate the remaining drinking water supplies is not consistent with the findings of the 2017 National Health and Medical Research Council (NHMRC) Information Paper or the associated Draft Public Statement.

Conclusion

Substantial, peer reviewed science based information regarding addition of fluoride to drinking water has been provided to the community in accordance with the original Council Resolution.

Central to the majority of fluoride debate is the issue of credibility and believability. Whilst the passion and commitment of the ‘No to fluoride’ stakeholders is respected, the weight of peer reviewed, scientific, epidemiological and medical evidence supports the safety and efficacy of fluoridation.

At its heart, the addition of fluoride to drinking water is a dental health issue and accordingly any decision to add fluoride to drinking water should rest on science and data. The NHMRC Information Paper is the gold standard in terms of current health policy advice for the Australian community, health professionals and governments.

Accordingly, this report recommends Council resolve to refer the question directly to the Secretary of NSW Health for decision under Section 6A of the Fluoridation of Public Water Supplies Act 1957.

Attachments

1. Briefing memorandum to Councillors 20 December 2016

2. Screenshots of the website hosted by Hunter H2O

3. Summary of submissions received via the Hunter H2O Website and direct to Council

4 . Factsheets developed with NSW Health

5 . Copy of advertisement placed in local media

6 . Letter from NSW Minister for Health and Medical Research, the Hon. Brad Hazzard MP regarding Water Fluoridation in Bega Valley Shire dated 9 August 2017

7 . Letter from Chief Health Officer, Kerry Chant, NSW Health regarding Expanding Water Fluoridation in Bega Valley Shire dated 28 July 2017

8 . Extract of Petition Propositions

9 . National Health and Medical Research Council (NHMRC) Information Paper Water Fluoridation Dental and Other Human Health Outcomes July 2017

10 . National Health and Medical Research Council (NHMRC) Draft Public Statement 2017, Water Fluoridation and Human Health in Australia

11 . Fluoride Reference Group

12 . Letter from the Chief Health Officer to BVSC Councillors Fluoridation consultation info

Recommendation

1. That Council note the fluoridation of drinking water community information process already undertaken.

2. That Council resolve to refer the question directly to the Secretary of NSW Health for decision under Section 6A of the Fluoridation of Public Water Supplies Act 1957.

Council	20 September 2017
*Item 12.1 - Attachment 9*	National Health and Medical Research Council (NHMRC) Information Paper Water Fluoridation Dental and Other Human Health Outcomes July 2017

Council 20 September 2017

Item 12.2

12.2. Proposed Merimbula Sewage Treatment Plant Upgrade and Deep Water Ocean Outfall - Community Working Group

Specialist consultants AECOM have commenced the Concept Design and Environmental Impact Statement (EIS) for the Merimbula Sewage Treatment Plant Upgrade and Deep Water Ocean Outfall. This report recommends forming a Community Working Group to help achieve the project’s community engagement objectives.

Director Transport and Utilities

Background

Bega Valley Shire Council has engaged AECOM to prepare a Concept Design and Environmental Impact Statement (EIS) for the Merimbula Sewage Treatment Plant Upgrade and Deep Water Ocean Outfall.

The project includes consideration of options for upgrading the existing Merimbula Sewage Treatment Plant, selection of an alignment for a deep water ocean outfall and concept design of required infrastructure.

The project has been declared State Significant Infrastructure (SSI) and the Secretary’s Environmental Assessment Requirements (SEARS) has been issued by the Minister for Planning. A copy of the SEARS is attached to this report and they detail the EIS requirements. The SEARS emphasise the need for robust community engagement. As a minimum, the EIS is required to:

· Be informed by consultation, including relevant government agencies, infrastructure and service providers, special interest groups, affected landowners, businesses and the community.

· Document the consultation process, and demonstrate how the project has responded to the inputs received.

· Describe the timing and type of community consultation proposed during the design and delivery of the project, the mechanisms for community feedback, the mechanisms for keeping the community informed, and procedures for complaints handling and resolution.

With the above requirements in mind, a Community Working Group is proposed as one of the measures desirable in achieving genuine community engagement.

Issues

Legal /Policy

An EIS and follow on approvals are required prior to any construction works commencing. The Community Working Group is seen as integral to effective community engagement during the EIS and Concept Design phases.

An extract of the NSW Environment Protection Authority (EPA) Licence is attached, to give context around the need for the project.

Strategic

The Community Working Group will support the community engagement process and ultimately construction of the necessary infrastructure.

Community Engagement and/or Communications

The community engagement methodology will be informed by NSW legislation (SEARS), local guidelines (Bega Valley Shire Council Communication Strategy 2013, Bega Valley Shire Council Media and Community Policy and Media Guidelines and Procedures) and industry best practice (International Association for Public Participation).

A three layer engagement framework is proposed as follows:

Layers one and two will be made up of many of the engagement activities communities are familiar with including:

· Layer one: Ongoing communication and feedback made up of regular, transparent and consistent digital and print communications supplemented by two-way contact opportunities such as email, 1800 phone number, postal address and social media.

· Layer two: Face-to-face engagement including briefings, meetings and community information sessions.

To achieve our goal of the Sewage Treatment Plant upgrades and the location of the ocean outfall reflecting the values of stakeholders and the community, we propose a co-design process achieved through a Community Working Group as our third layer. This will allow the project team to work with the community to formulate solutions and incorporate their recommendation into the decision to the maximum extent possible.

The Community Working Group will be made up of a group of people representative of the impacted community. Council will seek formal expressions of interest from the wider community and other trusted voices in the community. Applications will be reviewed and used to form the Community Working Group. Council will select ten people who most closely match the actual demographics of the wider community using data from the Australian Bureau of Statistics (age, gender, etc.).

The Community Working Group will meet approximately five times, once design options are confirmed and they will meet together until they confirm a preferred design option. The Community Working Group will work through a design and assessment criteria analysis process whereby they will actively participate in identifying the problem, prioritising issues, developing the assessment criteria and analysing the proposed project solutions developed by the project team by applying the assessment criteria.

At the end of the process, the group confirms the preferred option and recommends to Council this option be selected.

Selection of the ten Community Working Group members will be based on formal expressions of interest. It is proposed the Community Working Group members be then chosen by a panel consisting of the Infrastructure Committee Chair, General Manager and Manager Water and Sewerage Services. The group composition will aim to be representative of broad community demographics, impacted by the project.

Financial and resource considerations

The Community Working Group will result in additional cost to Council to cover the reasonable expenses likely to be incurred by the group’s members. Council does not have a specific policy regarding expenses that are incurred by people who volunteer to be part of working groups of this nature.

Because of the time commitment (five meetings) it is proposed that fuel costs be reimbursed in a manner similar to that utilised in the Section 355 Access and Inclusion Advisory Committee Guidelines 2017-2020. Because Council wishes to encourage a broad demographic, it is also proposed to cover reasonable carer’s costs as they apply.

The net cost to Council is likely to be less than $5,000.

Risk

A Community Working Group will reduce risk to the project because it demonstrates a commitment to actively involve the community in the project. The Community Working Group will build trust and rapport with stakeholders and the community through transparency, inclusivity and responsiveness. This will ensure the success of the project and minimise community concerns.

Conclusion

Support from our stakeholders and community is essential for the successful delivery of the Merimbula Sewage Treatment Plant upgrade and deep water ocean outfall. This support can only gained though a genuine commitment to community engagement.

As defined by Council, community engagement involves two or more parties influencing outcomes through talking and listening to another. Council’s Engagement Strategy states that “thoughtfully executed community engagement builds trusting relationships between Council and the community, and is of mutual benefit to all parties involved”. Additionally it states, “We cannot rely on the provision of information to change behaviour”.

These two principles are fulfilled in forming a Community Working Group. The Community Working Group goes beyond providing information and fosters support for the project by providing an avenue for the community and Council to talk and listen to each other.

Attachments

1. Extract of NSW Environment Protection Authority (EPA) Licence for the Merimbula Sewage Treatment Plant

2. Secretary’s Environmental Assessment Requirements (SEAR)

Recommendation

1. That Council note the report.

2. That Council endorse the formation of a Community Working Group, with a membership of ten (10) sought through a publicly advertised expression of interest process.

3. That following the expression of interest process the Infrastructure Committee Chair, General Manager and Manager Water and Sewerage Services appoint ten (10) suitably skilled and qualified people to the Community Working Group.

4. That the Community Working Group members’ reasonable travel and carers expenses be covered during their period of participation.

Council 20 September 2017

Item 12.6

12.6. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from their meeting held on 6 September 2017.

Director Transport and Utilities

Background

The Bega Valley Local Traffic Committee is not a committee of Council. Local Traffic Committees operate under delegation from NSW Roads and Maritime Services who are responsible for traffic control on all New South Wales roads.

The Bega Valley Local Traffic Committee held a meeting on 6 September 2017, the minutes of which have been distributed separately. It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

Attachments

Nil

Recommendation

Proposed ‘No Stopping’ zone at the northern corner of Ocean Drive and Marine Parade, Merimbula

Council approve the installation of a ‘No Stopping’ zone at the northern intersection of Marine Parade and Ocean Drive for a distance of 10 metres in length along the Marine Parade frontage and 18 metres in length along the Ocean Drive frontage.

Bermagui Bus Zone

Council approve the installation of a time restricted ‘Bus Zone 6.00am – 6.00pm Monday to Friday’ in Lamont Street, Bermagui replacing the existing time restricted Bus Zone (7.30am – 9.30am and 3.00pm – 6.00pm) commencing at a point approximately 26 metres from the intersection point of the western kerb line of Wallaga and Lamont Streets, for a length of 29 metres westerly.

Merimbula Parking, Alice Street Carpark – proposed 2 hour carpark

Council approve the installation of 2 hour time restricted parking (8.30am – 6.00pm Monday to Friday and 8.30am – 12.30pm on Saturday) in the Alice Street carpark Merimbula.

Christmas on Imlay – Thursday, 14 December 2017

1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9.00pm on Thursday, 14 December 2017 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

2. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday, 14 December 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6. That organisers have written Police approval prior to conducting the event.

7. That the event achieves all conditions of Council’s Use of Public Land approval.

Eat Merimbula – Sunday, 11 March 2018

1. That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Candelo Court be temporarily closed between 6.00am and 3.30pm on Sunday, 11 March 2018 for Eat Merimbula Food Festival.

2. That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only, but deemed to be a two-lane closure for safety purposes.

3. That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

4. That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Food Festival on Sunday, 11 March 2018, be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

5. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

6. That organisers fully implement an approved Special Event Transport Management Plan.

7. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

8. That organisers have written Police approval prior to conducting the event.

9. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

Tathra Wharf to Waves Bike Ride – Saturday, 20 January 2018

1. That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 20th January 2018 be approved.

2. That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 20 January 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6. That prior to conducting the event, organisers have written approval from NSW Police Force, NSW National Parks and Wildlife Service and Forestry Corporation NSW.

7. That the organisers advertise the change to traffic conditions for the event.

8. That local emergency services and transport operators be notified prior to the event.

Film Permit – Bega, 11-16 November 2017

1. That Council approve the filming event provided that a fully completed event permit is received by Council by 5 September 2017.

2. That Council approve the closure of Hill Street between Peden Street and Auckland Street on 12 November 2017.

3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6. That prior to conducting the event, organisers have written approval from NSW Police Force.

7. That the organisers advertise the change to traffic conditions for the event.

8. That local emergency services and transport operators be notified prior to the event.

Proposed accessible parking – Bar Beach Road

1. Council approve the installation of an accessible car space at the south western end of the Bar Beach Road carpark.

2. Council approve the installation of two ‘No Stopping’ zones, 5.5 metres in length at the rear of the proposed parking at the south western end of the Bar Beach carpark.

3. Council approve the reconfiguration of the accessible car space opposite the picnic tables (mid-point) Bar Beach Road.

4. Council approve the installation of a ‘No Stopping’ zone, for a length of 4 metres, adjacent to the accessible parking bay on the western side (mid-point) of the Bar Beach road as shown.

Bar Beach Proposed ‘No Stopping’ and Parallel parking zones

1. Council approve the installation of a ‘No Stopping’ zone along the lower side of the split road section of Bar Beach road for a length of 45 metres.

2. Council approve the installation of a ‘Parallel Parking’ zone along the upper side of the split road section of Bar Beach Road for a length of 45 metres.

Changes to parking related to the Merimbula Bypass Project

1. Market Street: Council approve the extension of the existing ‘No Stopping’ zone for a distance of 28.0m south (from the former Seahorse garden bed) south of the Monaro Street intersection, across the driveway of the unnamed laneway, to the existing 1P Zone, (to comply with RMS requirements for the new intersection).

2. Council approve the installation of a 24 hour Bus Zone located within the two bus bays in Park Street (27.0m on the southern side and 30.0m on the northern side).

3. Council approve the installation of a ‘No Right Turn’ sign at the exit of the unnamed laneway onto Market Street.

Request for changes to parking in Merimbula in the vicinity of ‘The Pictureshow Man’

That Council advise Mr Louey-Gung that no changes will be made to parking in the vicinity of ‘The Pictureshow Man’ within the Merimbula CBD.

Council 20 September 2017

Item 13.4

13.4. Gift Register - September 2016 to August 2017

Council is required to report on Council’s Gift Register under Council’s Code of Conduct.

General Manager

Background

Council’s Code of Conduct requires Councillors and Council officers to declare on Council’s Gift Register, any token gifts or benefits received by them during the course of their work/activities with Council.

The Register is maintained by Council’s Executive Assistants and a copy of Declarations made in the preceding 12 months is attached (Attachment 1).

Issues

Legal

It is a requirement of the Office of Local Government, for all Councils to have a Gift Register and for this Register to be available for inspection.

Policy

The Model Code of Conduct for Councils in New South Wales, adopted by Bega Valley Shire Council states:

Personal Benefit

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

Gifts and benefits

You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits

Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

· the discussion of official business

· council work related events such as training, education sessions, workshops

· conferences

· council functions or events; and

· social functions organised by groups, such as council committees and community organisations.

b) invitations to and attendance at local social, cultural or sporting events;

c) gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address);

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers;

e) prizes of token value;.

Gifts and benefits of value

Gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

How are offers of gifts and benefits to be dealt with?

You must not:

· seek or accept a bribe or other improper inducement;

· seek gifts or benefits of any kind;

· accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty;

· accept any gift or benefit of more than token value;

· accept an offer of cash or a cash-like gift, regardless of the amount.

For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

Improper and undue influence

You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

Conclusion

The Gift Register has been maintained and is an accurate record of declarations of any token gifts or benefits received by Councillors and Council officers. Non-token gifts are held for the benefit of the Goodwill Committee to raise fund for local charities.

Attachments

1. Gift Register 1 September 2016 to 31 August 2017

Recommendation

That Council note the Gift Register activities between 1 September 2016 until 31 August 2017.

Council 20 September 2017

Item 13.5

13.5. Chairing of Meeting Agenda and Reporting Theme areas

At the Council meeting on 5 October 2012, Council moved to a reporting system in line with the themes of the Community Strategic Plan (CSP), Bega Valley 2030.

General Manager

Background

Following the adoption of the Community Strategic Plan (CSP), Council moved to a portfolio/reporting system in line with CSP themes. In September 2013 Reporting Theme names were confirmed as listed and the Terms of Reference for Portfolio Sections were reviewed.

In October 2014 it was resolved the reporting areas would be included in the Council Agenda:

· Staff Reports: Planning and Environment (Sustainability)

· Staff Reports: Community, Culture and Leisure (Liveability)

· Staff Reports: Economic Development and Business Growth (Enterprising)

· Staff Reports: Infrastructure Waste and Water (Accessibility)

· Staff Reports: Governance and Strategy (Leading Organisation)

· Staff Reports: Finance (Leading Organisation)

It is proposed for the next period that the names in the parenthesis are dropped.

Issues

Legal

The Local Government Act 1993 (the Act) S369 provides the Mayor, or in his/her absence, the Deputy Mayor, presides as Chairperson at meetings of Council.

It has been the practice of Council to nominate Councillors, other than the Mayor, to chair Standing Committees or other Committees as delegated by Council.

To facilitate the smooth running of the meeting it is proposed that going forward the Mayor will chair both the Ordinary and Standing Committees of Council.

Councilllors elected as delegates to S355 Committees will act as chairs for those committee, with the exception of the Internal Audit Committee, where one of the independent members will be elected as per that committees guidelines.

Terms of Reference – Portfolio/Report Sections

Planning and Environment

Objective:

To ensure the unique environment is protected to maintain biodiversity and water quality and managed for our community, to provide growth and economic opportunity.

Terms:

Consider, review, prioritise and resolve:

· Development applications outside staff delegations;

· Comprehensive Local Environment Plan, Development Control Plan and amendments;

· Strategic land use, urban structure, natural resource, coastal management, estuary and climate change plans and reports;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines relating to

o Natural environment, health, building, control, pollution, trees, weeds and regulatory services to the extent Council has jurisdiction in relation to the Local Government Act, Environmental Planning and Assessment Act, Protection of the Environment Operations Act, Heritage Act, Noxious Weeds Act and related legislation;

· Contributions plans under S94 and S94A (Environment Planning and Assessment Act) and S64 (Local Government Act);

· Recommendations from related reference panels;

· Minutes and recommendations from related advisory committees.

· Related matters outside staff delegations.

Community, Culture and Leisure

Objective:

To support a place where everyone regardless of age or circumstance can enjoy a safe, involved and affordable community life.

Terms:

Consider, review, prioritise and resolve:

· The provision of health, welfare and community services to the extent Council has jurisdiction or is agent to provide services on behalf of government;

· Strategic responses to community, cultural and social, voluntary issues and reports;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines in relation to:

o ageing, youth, children’s services, disability and other disadvantaged demographic groups in the Shire,

o library, gallery and cultural services

· Communication between the Council agencies and the community;

· Matters relating to the general health and physical wellbeing of Shire citizens;

· Awards for honorary and voluntary civic service;

· Civic events, festivals and celebrations;

· Recommendations from related reference panels;

· Minutes and recommendations from related advisory committees;

· Related matters outside staff delegations.

Economic Development and Business Growth

Objective:

To support a creative and innovative business community, invigorating growth in employment and economic activity, in partnerships with government.

Terms:

Consider, review, prioritise and resolve:

· Strategic business and property plans and reports;

· Proposals relating to development, acquisition, lease or sale of Council property;

· Economic development, education, marketing and tourism;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines in relation to

· business growth, land investment, tourism;

· Minutes and recommendations from related advisory committees;

· Recommendations from related reference panels;

· Related matters outside staff delegations.

Infrastructure Waste and Water

Objective

To plan, and provide a comprehensive mix of public and private sector services and facilities in order that residents and visitors have access to the quality health, recreation, education, employment, transport, utility and retail resources they want and need.

Terms:

Consider, review, prioritise and resolve:

· Capital works program;

· Tenders for capital works and plant;

· Asset standards, levels of service and hierarchies;

· Asset acquisition and disposal;

· Policies, principles and guidelines in relation to

o works (including roads, bridges, paths), water and waste water

o reserves, buildings, car parks, drainage and waterway infrastructure.

o emergency services;

· Strategic infrastructure management, including water, waste and waste water business plans;

· Asset management plans, facility management plans and plans of management;

· Infrastructure grant funded projects;

· Minutes and recommendations from related advisory committees;

· Recommendations from related reference panels;

· Related matters outside staff delegations.

Governance and Strategy

Objective:

To shape an organisation that supports the agreed aspirations of the community within the capacity of the community and the capability of the organisation.

Terms:

Consider, review, prioritise and resolve:

· Community Engagement Policy and Procedure, Community Strategic Plan, Delivery Plan, Operating Plan, Resourcing Strategy, Revenue Policy (including rates, fees and charges as included in the integrated planning and reporting process) and Annual Reports;

· Function service standards, levels of service and hierarchies;

· Policies, principles and guidelines relating to

o Corporate plan, media and communication, customer service, finance, human resources, information technology, administration, risk and insurance;

· Organisation structure and staff resources;

· Council’s Policies including the Code of Conduct, Code of Meeting Practice and related codes and policies;

· External and internal audit;

· Recommendations from related reference panels;

· Minutes and recommendations from related advisory committees;

· Related matters outside staff delegations.

Finance

Objective:

To support the efficient and effective financial management of the organisation.

Terms:

Consider, review, prioritise and resolve:

· Council’s Annual Operating Budget;

· Council’s Revenue Policy (including rates, fees and charges);

· Council’s Quarterly Budget Review Statements;

· Reports on Council’s investments;

· Year-end financial reporting including audit;

· Community Strategic Plan related financial reporting;

· Investments and loan programs and policies;

· Council’s Long Term Financial Plan.

Attachments

Nil

Recommendation

1. That Council confirms the theme reporting and portfolio structure as:

· Staff Reports: Planning and Environment

· Staff Reports: Community, Culture and Leisure

· Staff Reports: Economic Development and Business Growth

· Staff Reports: Infrastructure Waste and Water

· Staff Reports: Governance and Strategy

· Staff Reports: Finance.

2. That Council note the objective and terms of reference for each portfolio.

3. That all Councillors be members of the Standing Committees and that the Mayor act as Chair for the Ordinary Meeting and Standing Committee for the 12 months until September 2018.

Council 20 September 2017

Item 14.1

14.1. Financial Statements 2016/17

Each year under the Local Government Act 1993 the annual financial statements are required to be referred by Council to the auditors.

Director Strategy and Business Services

Background

In accordance with Section 413 of the Local Government Act 1993 (the Act) Council must “refer to audit” the Financial Reports for the financial year ending 30 June 2017.

Section 413 of the Act outlines Council must refer its Financial Reports to audit prior to them being audited.

Council’s audit of Financial Reports for the financial year ending 30 June 2017 will commence on 3 October, 2017.

Section 413 of the Act advises Council must make a statement in the approved form as to its opinion on the preparation of the general purpose Financial Report (and by extension the Special Purpose Financial Report).

The following recommendation also provides the necessary authority for the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to complete the General Purpose and Special Purpose Financial Reports after audit.

Issues

Strategic

In order to strengthen Council’s governance framework, the draft Financial Reports were to be first presented to the Internal Audit Committee, then to Council, prior to the Auditor’s visit on 3 October 2017. However, due to the earlier timeframes placed on the Council to present the draft Financial Statements to the Auditors it was unable to follow this preferred option.

Last year Council’s audit of financial year ending 30 June 2016 commenced on 17 October 2016.

The meeting of the Internal Audit Committee is scheduled for Tuesday, 26 September 2017.

Financial and resource considerations

The financial reports represent a summary of the financial result of Council operations for 2016/2017.

The recommendations in this report do not represent the Council's approval of the 2017 financial reports.

Financial reports are prepared for and audited by independent entities. The Council does not approve the annual Financial Reports. This report is solely to meet the requirements under the Act and to meet directions issued by the Office of Local Government.

After Council has finalised its audited financial statements, Councillors will be provided with a workshop to discuss the final results in detail. There will also be a public address from both the Responsible Accounting Officer (Chief Financial Officer) and the Auditor in November 2017.

Conclusion

Adoption of the recommendation will ensure Council complies with end of financial year reporting requirements of the Act.

Attachments

Nil

Recommendation

1. That Council resolve that the Council’s General Purpose Financial Report is prepared in accordance with:

a) The Local Government Act 1993 (as amended) and the Regulations made there under; and

b) The Australian Accounting Standards and professional pronouncements; and

c) The Local Government Code of Accounting Practice and Financial Reporting; and

d) Presenting fairly the Council’s operating result and financial position for the year; and

e) Accord with Council’s accounting and other records.

2. The Council’s Special Purpose Financial Reports are prepared in accordance with:

a) NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b) Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c) The Local Government Code of Accounting Practice and Financial Reporting; and

d) The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e) Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f) Accord with Council’s accounting and other records.

3. That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4. That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5. That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

Tender Evaluation
Criteria	Weighting
Price	60%
Project Experience	20%
Project Functionality	15%
Local Community Benefit	5%
WHS	Compliant / Non-Compliant
Total	100%

Tender Evaluation
Criteria	Weighting
Price	60%
Project Experience	20%
Project Functionality	15%
Local Community Benefit	5%
WHS	Compliant / Non-Compliant
Total	100%

Year	Budget $	Actual $
2015-16	295,000	222,187
2016-17	229,080	254,001
2017-18	170,000

Year	Budget $	Actual $
2015-16	245,508	948,526
2016-17	1,865,140	946,381
2017-18	1,841,009

Wednesday, 31 January 2018	Ordinary
Wednesday, 21 February 2018	Ordinary
Wednesday, 14 March 2018	Ordinary
Wednesday, 4 April 2018	Ordinary
Wednesday 18 April 2018	Ordinary
Wednesday, 25 April 2018	ANZAC DAY
Wednesday, 2 May 2018	Ordinary
Wednesday, 16 May 2018	Ordinary
Wednesday, 6 June 2018	Ordinary
Wednesday, 27 June 2018	Ordinary
No meetings in July
Wednesday, 8 August 2018	Ordinary
Wednesday, 29 August 2018	Ordinary
Wednesday, 19 September 2018	2.00pm Meeting Election of Mayor and Deputy Mayor 3.00pm Ordinary
Wednesday, 10 October 2018	Ordinary
Wednesday, 31 October 2018	Ordinary
Wednesday, 21 November 2018	Ordinary
Wednesday, 12 December 2018	Ordinary

Council	20 September 2017
*Item 9.1 - Attachment 1*	Development Consent 2016.472 dated 16 June 2017

Council	20 September 2017
*Item 9.1 - Attachment 2*	Proponents Submission 31 July 2017

Council	20 September 2017
*Item 9.1 - Attachment 3*	Council Report Eden Cove - Report on outstanding works 6 November 2013

Council	20 September 2017
*Item 10.1 - Attachment 1*	Sportsground User Fees 2016/17

Council	20 September 2017
*Item 11.1 - Attachment 1*	Lease Agreement - Site LS-02 at Merimbula Airport

Council	20 September 2017
*Item 11.1 - Attachment 2*	Temporary Licence Agreement - counter space within terminal

Council	20 September 2017
*Item 12.1 - Attachment 1*	Briefing memorandum to Councillors 20 December 2016

Council	20 September 2017
*Item 12.1 - Attachment 2*	Screenshots of the website hosted by Hunter H2O

Council	20 September 2017
*Item 12.1 - Attachment 3*	Summary of submissions received via the Hunter H2O Website and direct to Council

Council	20 September 2017
*Item 12.1 - Attachment 4*	Factsheets developed with NSW Health

Council	20 September 2017
*Item 12.1 - Attachment 5*	Copy of advertisement placed in local media

Council	20 September 2017
*Item 12.1 - Attachment 6*	Letter from NSW Minister for Health and Medical Research, the Hon. Brad Hazzard MP regarding Water Fluoridation in Bega Valley Shire dated 9 August 2017

Council	20 September 2017
*Item 12.1 - Attachment 7*	Letter from Chief Health Officer, Kerry Chant, NSW Health regarding Expanding Water Fluoridation in Bega Valley Shire dated 28 July 2017

Council	20 September 2017
*Item 12.1 - Attachment 8*	Extract of Petition Propositions

Council	20 September 2017
*Item 12.1 - Attachment 10*	National Health and Medical Research Council (NHMRC) Draft Public Statement 2017, Water Fluoridation and Human Health in Australia

Council	20 September 2017
*Item 12.1 - Attachment 11*	Fluoride Reference Group

Council	20 September 2017
*Item 12.1 - Attachment 12*	Letter from the Chief Health Officer to BVSC Councillors Fluoridation consultation info

Council	20 September 2017
*Item 12.2 - Attachment 1*	Extract of NSW Environment Protection Authority (EPA) Licence for the Merimbula Sewage Treatment Plant

Council	20 September 2017
*Item 12.2 - Attachment 2*	Secretary’s Environmental Assessment Requirements (SEAR)

Funding source		Amount
Local / Regional Urban & Local / Regional Rural Sealed	$	1,361,000

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

Recommendation

9 Staff Reports – Planning and Environment (Sustainability)

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

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

12 Staff Reports – Infrastructure Waste and Water (Accessibility)

13 Staff Reports – Governance and Strategy (Leading Organisation)

14 Staff Reports – Finance (Leading Organisation)

15 Adoption of Reports from Standing Committees

Recommendation

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

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

20 September 2017

Staff Reports –Planning And Environment (Sustainability)

20 September 2017

Staff Reports – Community, Culture and Leisure (Liveability)

20 September 2017

Council

20 September 2017

Staff Reports – Economic Develoment and Business Growth (Enterprising)

20 September 2017

11.1. Assignment of Lease - Lease site LS-02 and Counter Space within Terminal at Merimbula Airport

Background

Issues

Legal /Policy

Strategic

Operational / Asset Management Plan

Financial and resource considerations

Risks

Options

Conclusion

Attachments

Recommendation

Council

20 September 2017

Staff Reports – Infrastructure Waste And Water(Accessibility)

20 September 2017

Council

20 September 2017

Staff Reports – Governance And Strategy (Leading Organisation)

20 September 2017

Staff Reports – Finance (Leading Organisation)

20 September 2017

18.1. Cr Russell Fitzpatrick - Establishment of two squash courts at Pambula Sporting Complex

Background

Attachments

Funding source		Amount
Local/Regional Urban & Local/Regional Rural Sealed Roads	$	2,800,000

Council	20 September 2017
*Item 12.5 - Attachment 1*	4.07.5 Water Supply & Sewerage Section 64 Charges

Council	20 September 2017
*Item 12.5 - Attachment 2*	Sapphire Coast Community Aged Care Limited request for refund of 64 contributions letter dated 16 June 2017

Council	20 September 2017
*Item 13.3 - Attachment 1*	LGNSW_Annual_Conference_2017_Draft_Progam_2

Council	20 September 2017
*Item 13.4 - Attachment 1*	Gift Register 1 September 2016 to 31 August 2017