agenda - attachments included2014/12/09 · writes a letter to the hon. andrew onstance, mp...

AGENDA

Ordinary Meeting of Council

9 December 2014

i

ORDINARY MEETING OF COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS, MORUYA

ON TUESDAY 9 DECEMBER 2014

COMMENCING AT 4.00PM

AGENDA

(Proceedings of this meeting will be recorded as per Eurobodalla Shire Council’s Code of Meeting

Practice)

1. WELCOME AND EVACUATION MESSAGE

2. APOLOGIES

Nil

3. QUESTIONS FROM PUBLIC GALLERY (AGENDA ITEMS ONLY)

4. DEPUTATIONS FROM PUBLIC GALLERY (AGENDA ITEMS ONLY)

5. PRESENTATIONS

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Meeting held on 25 November 2014

7. DECLARATIONS OF INTEREST OF MATTERS ON THE AGENDA

(Declarations also to be made prior to discussions on each item) Page No.

8. MAYORAL REPORTS

9. REPORTS OF COMMITTEE

Nil

10. NOTICES OF MOTION

NOM14/023 Support for 2015 NSW State Youth Conference ............................................... 4

NOM14/024 Marina Precinct at North Corrigans Beach ......................................................... 5

ii

11. QUESTIONS ON NOTICE/ITEM OF URGENT BUSINESS

QON14/011 Benchmarking Group 4 Employee Costs ............................................................ 7

12. GENERAL MANAGER'S REPORTS

GMR14/036 Code of Meeting Practice ................................................................................ 14

GMR14/037 Endorsement of Long Term Financial Plan and Revised Delivery Program 2013-2017 for Public Exhibition of a Proposed Special Rate Variation for Community and Transport Infrastructure Projects .......................................... 19

GMR14/038 Code of Conduct Public Report......................................................................... 37

13. PLANNING AND SUSTAINABILITY REPORTS

PSR14/070 Development Application 106/15 Telecommunications Monopole - Benandarah State Forest - North Batemans Bay ............................................. 39

PSR14/071 Certificate of Identification Under the Swimming Pools Regulations 2008 ..... 59

PSR14/072 Submission to Federal Government's Agricultural Competitiveness Green Paper ................................................................................................................. 61

PSR14/073 Tender - Purchase, Handling and Removal of Scrap Metal Stockpiles Tender No. 2015/PLS017 .............................................................................................. 69

PSR14/074 Tender - Processing of Garden Organic, Timber and Stump material tender No. 2015/PLS018 .............................................................................................. 71

14. INFRASTRUCTURE REPORTS

IR14/044 Tender for Kings Highway, East Nelligen Storm Water Pipe Supply (Tender No 2015/ISD007) .............................................................................................. 73

IR14/045 Tender for Design, Supply and Installation of Solar PV Grid Connect Systems (Tender No 2015/ISD020) ................................................................................. 75

IR14/046 Tender for Augmentation of Sewage Pumping Stations BB20 and BB21, Maloneys Beach - Contract No 2015/ISD013 ................................................... 77

IR14/047 Funding offer - 2014-2015 fire mitigation works fund ..................................... 80

IR14/048 Funding Offer - Fishing Platforms - South Durras and Moruya ........................ 82

IR14/049 Local Government Road Safety Officer Program - Funding for 2014-2015 ..... 85

15. FINANCE AND BUSINESS DEVELOPMENT REPORTS

FBD14/079 Lease for Telecommunications Facility - Malua Bay ........................................ 88

FBD14/080 Lease for NBN Facility - Moruya ....................................................................... 90

FBD14/081 Licence for Rural Fire Services Radio Telecommunications Facility - Mt Wandera ........................................................................................................... 92

FBD14/082 Licences at Batemans Bay BMX Reserve ......................................................... 94

FBD14/083 Audit Committee - Terms of Reference ............................................................ 98

FBD14/084 Appointment of Independent Member - Audit Committee ........................... 108

FBD14/085 Business Development Strategic Plan 2014-18 .............................................. 110

16. COMMUNITY, ARTS AND RECREATION REPORTS

Nil

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17. DELEGATE REPORT

DR14/004 2014 National Local Roads and Transport Congress ...................................... 113

18. QUESTIONS/URGENT BUSINESS

89. DEALING WITH MATTERS IN CLOSED SESSION ....................................................... 116

9. CONFIDENTIAL MATTERS

DR CATHERINE DALE GENERAL MANAGER

NOTICE OF MOTION TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 DECEMBER 2014 Page 4

NOM14/023 SUPPORT FOR 2015 NSW STATE YOUTH CONFERENCE

E08.2326

Responsible Officer: Danielle Brice - Councillor

Attachments: Nil

Councillor Danielle Brice has given notice that at the Ordinary Meeting of Council on 9 December she will move the following motion.

MOTION

THAT Council allocate the annual wage index component of Councillor remuneration, totalling $4,889 for 2014/2015, to support Council’s Youth Committee to host the 2015 NSW State Youth Conference.

BACKGROUND

On 10 June 2014 Council determined: THAT due to the current financial circumstances, Council not increase fees for Councillors and the additional Mayor allowance for 2014/15 and Council give consideration to allocating the funds foregone to a project to be determined. (Minute14/121). The notional increase recommended in the Council report was 2.5%. Therefore, the total funds available are $4,889. The 2015 NSW State Youth Conference will be hosted by the Eurobodalla Youth Committee, to be held from 9 - 11 October 2015. The theme will be ‘Create, Collaborate, Change’. The conference will offer the opportunity for approximately 130 young people to get together in the Eurobodalla, listen to inspirational guest speakers, and discuss the needs of young people within their own communities. The program will be designed to build the capacity of young people to activate change in their own communities. Council received a briefing from Youth Committee members on 6 May 2014. Members detailed the benefits of the conference, including youth networking opportunities and the positive impact on local businesses. Since then committee members have begun preparations, including fundraising and planning the three day program to be held in Batemans Bay. The Youth Conference is a worthwhile project to allocate the $4,899 in funding. It will provide educational, social and economic benefits, as well as developing the skills and confidence of Council’s Youth Committee members in the planning and delivery of the conference program.


NOM14/024 MARINA PRECINCT AT NORTH CORRIGANS BEACH

E14.8171

Responsible Officer: Peter Schwarz - Councillor

Attachments: Nil

Councillor Peter Schwarz has given notice that at the Ordinary Meeting of Council on 9 December 2014, he will move the following motion.

MOTION

THAT Council:

1. Supports an application to the member for Bega, the Hon. Andrew Constance, MP for funding of $200,000 to investigate the feasibility of developing a Southern NSW Marine Gateway at Batemans Bay.

2. Writes a letter to the Hon. Andrew Constance, MP advising of Council’s support.

BACKGROUND

A marina precinct at north Corrigans Beach is a community driven proposal that shapes a vision to drive economic growth in NSW through a major new commercial development. A community based committee has met regularly over the last 12 months. It envisages the development would deliver a new tourism and commercial precinct for Batemans Bay including a 4 to 5 star hotel, retail and commercial properties, a deep water marina, boat storage facilities and other marine servicing infrastructure. It would be located at the northern end of Corrigans Beach at the existing rock wall.

The Gross Regional Product of the Eurobodalla economy is estimated at $1.23 billion a year with around 3,000 businesses and a workforce of 13,543 in 2011. The tourism industry is worth $379 million a year. Batemans Bay is the tourism, commercial and retail hub of the Eurobodalla and like many regional towns has high unemployment and low average weekly earnings. The area is the gateway for the ACT to the South Coast offering many pristine experiences through the marine park, the many lakes and estuaries, National Parks, bush walking, surf, fishing and boating. These all provide an excellent basis to develop experiential tourism that would grow from an influx of tourists attracted by the marine development at Corrigans Beach to improve the local economy and employment opportunities. The Far South Coast region had a population of over 167,000 in 2012 and the Canberra/Queanbeyan region had a population of over 415,000. In combination there is a combined population of 582,355 within a two hour drive from Batemans Bay. There is also an anticipated growth in boat ownership and unmet demand for berth and mooring facilities in and around Sydney. In 2010, the NSW Government commissioned a report


NOM14/024 MARINA PRECINCT AT NORTH CORRIGANS BEACH E14.8171

into growth forecasts for boat ownership and storage in the period up to 2026. They estimated that boat ownership would grow by at least 120,000 over that period (from 215,000 in 2009). The cruise industry is another target market for this development. In 2012-13, it was worth $1.23 billion to the Australian economy, a growth of 21% on the prior year with similar growth expected in future years. The remote Western Australia shire of Geraldton, similar in size to Eurobodalla, gets around $3 million a year of local expenditure from cruise ships. The feasibility analysis for which funding is sought will include:

- Demand analysis - Cost/benefit analysis - Study of environmental considerations - Community consultation - Any other matter required to develop a full business case for the development

The request for funding would include details of the proposed development including specific outcomes sought from it.

QUESTION ON NOTICE REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 DECEMBER 2014 Page 7

QON14/011 BENCHMARKING GROUP 4 EMPLOYEE COSTS

E14.8041

Responsible Officer: Dr Catherine Dale - General Manager

Attachments: 1. Benchmarking Group 4 Employee Costs

At the Council meeting held on 14 October Councillor Burnside moved the following motion as a matter of urgency:

THAT:

1. Council carry out benchmarking of a minimum of 4 Councils within Group 4 to establish if our Council falls within reasonable parameters with respect to staffing, percentage of salary expenses of total budget etc.

2. When this is done Council report to the community the average of this Group and our standing within staff numbers, wages as a percent of total expenditure etc.

The benchmarking group that was determined by Council for detailed comparison with Eurobodalla included Albury, Ballina, Bega Valley and Great Lakes.

Response

In response to the resolution of Council, the benchmarking of employee costs as a percentage of total expenditure was conducted. This included 152 NSW councils and 31 Group 4 councils at a broad level to provide context. The four Councils selected (Albury, Ballina, Bega Valley and Great Lakes) were then analysed at a more detailed level.

Group 4 councils are defined as having similar characteristics as classified by the Office of Local Government. This may include consideration of population, size, location (rural/urban), budget and services provided. There are currently 31 councils defined as Group 4 in New South Wales.

To ensure consistency, key documents and processes undertaken by all NSW Councils were utilised. They include the General Financial Statements for 2012/2013, Annual Reports and Financial Data Returns (as submitted to the Office of Local Government and the Australian Bureau of Statistics).

To determine employee costs as a percentage of total expenditure, the Income Statement in the General Purpose Financial Statements for 2012-13 were assessed for the 152 councils in New South Wales.

Eurobodalla employee costs as a percentage of total expenditure in 2012-13 was 31.7%.

State comparison

Graph 1 – State comparison. (attached)

(Please note: the graph includes all 152 councils, however not all council names are listed due to size limitations).

Based on the General Purpose Financial Statements (2012-13) for 152 NSW councils, the state average for employee costs, as a percentage of total expenditure, is 35.2% and the median is 35.3%. Eurobodalla is 3.5% below the average and 3.6% below the median. Therefore Eurobodalla employee costs are within the lowest 30% of councils in the state.


QON14/011 BENCHMARKING GROUP 4 EMPLOYEE COSTS E14.8041

Group 4 comparison

Graph 2 – Group 4 comparison (attached)

As indicated, there are 31 group 4 councils in New South Wales. Based on the General Purpose Financial Statements (2012-13), the Group 4 average for employee costs, as a percentage of total expenditure, is 33.2% and the median is 32.6%. Eurobodalla is 1.5% below the average and 0.9% below the median.

Group 4 – Detailed analysis of Albury, Ballina, Bega Valley and Great Lakes

Graph 3 – Eurobodalla, Albury, Ballina, Bega Valley, Great Lakes comparison (attached)

The four councils, Albury, Ballina, Bega Valley and Great Lakes are Group 4 councils. Detailed analysis included an assessment of Financial Data Returns, Annual reports, as well as well as discussions with each council to clarify the information provided.

Councillors have received a comprehensive briefing on the findings of the analysis, including the impact the three key expenditure factors: employee costs, materials and contracts and depreciation. General observations include the following.

Albury, Bega Valley and Great Lakes have a similar percentage of employee costs to Eurobodalla (respectively 32.4%,30.6% and 31.5%). Ballina has a lower percentage (21%). However, Ballina has higher material and contracts results (30%). Consultation with Ballina Council found that this is due to a higher proportion of partnerships and contracts, with some staff costs within the materials and contracts expenditure line. For example, library staff costs are paid via an agreement with the Richmond Tweed Regional Library Service.

Albury and Bega Valley have a similar percentage of depreciation costs to Eurobodalla (respectively 25.8%, 27.9% and 28%), however Great Lakes and Ballina have lower depreciation costs (respectively 22.2% and 23.3%). Great Lakes do not provide water and sewer services and Ballina are serviced by Rous County Council for water and sewer, impacting this result.

In terms of income Albury Council has a similar percentage of rates and charges to Eurobodalla, however Albury have a significantly higher percentage of user charges (33.5% compared to 22.9%). This indicates that Albury has a greater range of fee for service activities and facilities than Eurobodalla.

In addition to a review of General Purpose Financial Statements, an analysis of the Financial Data Return (FDR) for 2012-13 was conducted. The FDR is provided by each council to the Office of Local Government (OLG) and the Australian Bureau of Statistics (ABS). All employee costs are attributed into categories, as defined by OLG, providing the only consistent framework for comparing council employee costs in NSW.

Analysis indicates that Albury, Bega Valley and Great Lakes provide a similar level of community and education services, although Eurobodalla has a higher percentage of grant income to offset costs for this purpose.

Albury, Ballina, Great Lakes and Eurobodalla expend a similar amount on economic development/tourism activities, with Bega Valley expending less in this category, in part due to contracted service arrangements.


QON14/011 BENCHMARKING GROUP 4 EMPLOYEE COSTS E14.8041

Albury, Bega and Eurobodalla expend similar amounts on water and sewer operations, however Ballina spend a lower amount and Great Lakes has zero expense in this category.

Preliminary information regarding total Full Time equivalent staff (FTE) was augmented by detailed discussions with each council to determine which category of staff were included.

As a result of this analysis the FTE for each council in 2012-13 was determined to be: Eurobodalla 460; Albury 486; Ballina 284; Bega Valley 347 and Great Lakes 297.

Based on this number in relation to total employee costs, Eurobodalla has the lowest average employee cost of the group.

Comparison Table of Selected Councils (attached)

Summary of Key Findings

Over 70% of councils in New South Wales have higher employee costs, as a percentage of total expenditure, than Eurobodalla.

Eurobodalla is below the state and Group 4 average for employee costs as a percentage of total expenditure.

Council is compliant with the Accounting Code for calculating and reporting full time equivalent (FTE) employees.

Full time equivalent (FTE) calculations vary between the councils in relation to how permanent, part-time, temporary, casual and trainee/apprentices are defined and identified in reporting.

A number of councils outsource staffing via contractor and partnership arrangements. As such, the cost is not entirely visible in the employee cost component of the financial statements.

The selected councils do not provide an identical suite of services. For example, a number of councils do not provide services such as water and sewer, community services, galleries and museums and caravan parks.

RECOMMENDATION

THAT the response to the motion regarding benchmarking Group 4 employee costs raised by Councillor Neil Burnside be received and noted.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 9 DECEMBER 2014 QON14/011 BENCHMARKING GROUP 4 EMPLOYEE COSTS ATTACHMENT 1 BENCHMARKING GROUP 4 EMPLOYEE COSTS ATTACHMENT

Page 10

20.7

31.7

49.7

0 10 20 30 40 50 60

Walgett Shire CouncilThe Council of the Shire of Wakool

Balranald Shire CouncilBombala Council

Kempsey Shire CouncilTweed Shire Council

Corowa Shire CouncilCootamundra Shire Council

Singleton CouncilLismore City Council

Bega Valley Shire CouncilBellingen Shire CouncilJerilderie Shire CouncilNarrabri Shire Council

Eurobodalla Shire CouncilAlbury City Council

Wingecarribee Shire CouncilSnowy River Shire Council

Junee Shire CouncilTemora Shire Council

Boorowa CouncilShoalhaven City Council

Tumut Shire CouncilMaitland City Council

Narromine Shire CouncilBathurst Regional Council

Cessnock City CouncilThe Council of the Shire of Hornsby

Wagga Wagga City CouncilOberon Council

Tumbarumba Shire CouncilArmidale Dumaresq Council

Cowra Shire CouncilMosman Municipal Council

Hurstville City CouncilRyde City Council

Cobar Shire CouncilCoonamble Shire Council

City of Lithgow CouncilBurwood Council

Willoughby City CouncilLane Cove Municipal Council

Warringah CouncilNarrandera Shire Council

Glen Innes Severn CouncilGriffith City Council

Fairfield City CouncilThe Council of the City of Botany Bay

Holroyd City CouncilLeichhardt Municipal Council

Waverley Council

Average 35.2%Median

Graph 1 - State Comparisons2012-2013 Financial yearTotal employee costs as a % of total operating expenditure for

Graph 1 – State comparison


Page 11

21

25

25.6

26.7

27.7

28

28.5

28.8

29.6

30.6

30.7

31.4

31.7

32

32.4

32.6

32.8

33.6

34.5

35

35

35.3

35.4

35.9

36.6

38

38.7

39

42.7

44.9

49.7

0 10 20 30 40 50 60

Ballina Shire Council

Byron Shire Council

Clarence Valley Council

Kempsey Shire Council

Greater Taree City Council

Richmond Valley Council

Singleton Council

Dubbo City Council

Lismore City Council

Bega Valley Shire Council

Queanbeyan City Council

Goulburn Mulwaree Council

Eurobodalla Shire Council

Great Lakes Council

Albury City Council

Tamworth Regional Council

Wingecarribee Shire Council

Port Stephens Council

Deniliquin Council

Maitland City Council

Mid-Western Regional Council

Bathurst Regional Council

Cessnock City Council

Wagga Wagga City Council

Armidale Dumaresq Council

Shellharbour City Council

Orange City Council

City of Lithgow Council

Griffith City Council

The Council of the Municipality of Kiama

Broken Hill City Council

Group 4 Average 33.2%

Graph 2 – Group 4 comparison


Page 12

21

30.6

31.7

32

32.4

0 5 10 15 20 25 30 35

Ballina Shire Council

Bega Valley Shire Council


Great Lakes Council

Albury City Council

Staff costs as a % 2012/13

Group 4 Median 32.6Group 4 Average 33.2

Graph 3 – Eurobodalla, Albury, Ballina, Bega Valley and Great Lakes comparison


Page 13

Comparison Table of Selected Councils

REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 DECEMBER 2014 Page 14

GMR14/036 CODE OF MEETING PRACTICE E13.7095


Attachments: Code of Meeting Practice - Under Separate Cover

Focus Area: Collaborative

Delivery Program Link: C1.1 Conduct the business of Council in an inclusive, responsive and transparent manner

Operational Plan Link: C1.1.2 Support the conduct of effective Council meetings

EXECUTIVE SUMMARY

Eurobodalla Shire Council’s Code of Meeting Practice has the following objectives:

To ensure that all meetings of Council are conducted in an orderly, consistent and efficient manner;

To ensure that all meetings of Council are conducted in accordance to the principles of procedural fairness and due process;

To ensure all Councillors have an equal opportunity to participate in the meeting to the fullest extent possible, with respect being accorded to the expression of differing views;

To provide opportunities for community engagement through Council meetings;

To ensure that all Councillors, staff and members of the public fully understand their rights and obligations as participants in meetings of Council;

To ensure that proceedings are transparent and understandable to all persons participating in and observing meetings of Council and its committees; and

To ensure that all proceedings are in accordance with relevant Acts, Regulations and Codes.

At its meeting held on 14 October 2014 Council resolved:

THAT:

1. The commencement times for Ordinary Council meetings be set at 10.00am and conclude at 2.00pm with the potential extension of one hour.

2. The amended Draft Code of Meeting Practice be placed on public exhibition for a period of not less than 42 days.

3. Public submissions be invited on the draft Code of Meeting Practice from 15 October 2014 to 26 November 2014.

4. A further report be provided to Council on 9 December 2014 to consider adoption of the draft Code of Meeting Practice.

5. A report be presented to Council outlining the cost and capacity to live stream Council meetings and that this report be prepared prior to the 9 December 2014 Ordinary Council meeting.



The Draft Code was placed on public exhibition for a period of not less than 42 days from 15 October 2014. One submission was received.

At the Council meeting on 25 November 2014, a report on the investigations into the feasibility and cost of live streaming Council meetings was presented. This report detailed the technical requirement and costs associated with live streaming as well as the capabilities for access to archived recordings of previous meetings. The report was received and noted.

RECOMMENDATION

THAT :

1. The Code of Meeting Practice as presented be adopted noting that the recommendations as outlined in the conclusion section have been included;

2. Live streaming of audio/visual recordings of Council meetings will commence from 10 February 2015, subject to installation and configuration of live streaming system.

3. Archived recordings of the meetings will be available for viewing or downloading from the website for seven years.

BACKGROUND

The Code of Meeting Practice must be interpreted in a manner which is consistent with the Local Government Act 1993 (LGA) and Local Government Regulations 2005 (Reg), the NSW Division of Local Government (DLG) Practice Note 16 (Meetings), and the objectives above.

The Code consolidates provisions in relevant sections of the Local Government Act and Regulations, along with specific supplementary provisions and practice notes adopted by this Council which are consistent with the Local Government Act and Regulations. The Code should be read in conjunction with related legislation, the Council’s Code of Conduct, Codes of Practice, guidelines and internal policies.

CONSIDERATIONS

Prior to the exhibition period, the Code of Meeting Practice was extensively reviewed and major changes include:

The addition of Practice Notes which provide clarification on the Act, Regulation and Supplementary Provisions

Removal of references to committees (except committee of the whole and other committees consisting of all Councillors formed under Reg. 260)

Other changes to reflect specific regulations and codes of practice.

Minor edits include:

Updated references to Office of Local Government

Addition to Appendices section

Minor edits to align with Council’s corporate brand.



This updated Code, in accordance with Council’s resolution on 14 October 2014, was placed on public exhibition and one submission was received.

The submission referred to section 5.11 Public Access Session (formally Non-Agenda Public Forum). The submission specifically mentions clause 7, regarding Council’s written response to members of the public who have addressed a meeting in Public Access Session or Public Forum.

Currently, where there is a question for Council staff, Council will provide a written response to the speaker and publish that response to the Public Access Session on the web. If however, the speaker is making a statement, officers are unable to provide any commentary or response to their statement.

To help alleviate concerns within the community, it is proposed to implement the following practice for Public Access Sessions:

1. Each address will be registered and assigned to a Council officer to provide a response

direct to the speaker, when a question has been asked. A copy of the response will be provided to Councillors via their online document system, and may be published on the Council’s website if the presenter so elects. Where no response is required, a standard letter will be sent to the resident. In situations where the item will be discussed by Council in the future, the letter will indicate when this matter will come before Council. As is the current practice, if the speaker provides a written presentation this will be published on Council’s website in accordance with the Code of Meeting Practice.

2. Council officers are also working on the structure of the website to link the Public Access

Session with the meeting date.

For addresses on Agenda Items it is proposed to implement the following practice:

1. Each address will be registered and a response provided outlining Council’s resolutions

to that agenda item. 2. A copy of the presentation will continue to be acknowledged in the minutes of the

meeting and loaded on Council’s website.

At the Council meeting on 25 November 2014, Council noted a report on the investigations into feasibility and cost of live streaming Council meetings. Once implemented, live streaming, live audio and archived recording of Council meetings will be available to the public for seven years.

Live streaming is the transmission over the Internet of video of an event as it happens. To view the live streaming, users require a device running a supported operating system, supported web browser and speakers. There are minimum system requirements and minimum connection speeds to ensure the video will play smoothly and users will need to ensure they have sufficient data capacity to download.

Council will have no control over the quality or download speed available to individual users wishing to view live streaming or access archived material.



This service would be hosted externally to our website, which will reduce bandwidth and data costs associated with live streaming. Council will work with Squiz, our content management system, to ensure seamless integrated with our current website for greater customer experience.

The recordings will begin at the start of each meeting and will stop at the beginning of the Closed Council agenda items. The current agenda item will also be viewable on the screen as the meeting takes place and is updated as the meeting progresses.

Policy

Once adopted, this Code of Meeting Practice will remain in place for the remainder of this Council term, unless otherwise determined by Council.

Community Consultation

We have consulted with the community by seeking feedback through a 42 day Public Exhibition period where the Code of Meeting Practice was placed on Council’s website, at the Batemans Bay, Moruya and Narooma libraries and Moruya customer service centre. One submission was received and the suggestions were incorporated into the Code of Meeting Practice as a result.

Financial

Adoption of these recommendations will require a budget adjustment of $20,000 which will cover the installation of the equipment and a further $1400 per month for licensing and web hosting costs.

CONCLUSION

The code will be amended to reflect the changes proposed as follows: 5.10(7) now reads: “Public addresses to the Council meeting will be audio-visually recorded and live-streamed via Council’s website during the meeting (see Clause 5.13). When members of the public address the Council they are asked to state their name and the nature of their address for the record. These recordings will remain publicly available via Council’s website for an archive period of seven years.” 5.10(11) – removed ‘if deemed appropriate’ from the last sentence 5.10(12) – inserted a new clause: “Written confirmation of Council’s resolution on each agenda item that a presenter has addressed will be sent to that presenter as soon as is practicable after the conclusion of the meeting, where the presenter has provided their postal or email address for such purpose.” 5.11(7) – removed “if deemed appropriate” from last sentence.



5.13 now reads: 5.13 Audio-visual recording of meetings by Council employees 1. To facilitate greater community access to Council proceedings, Council will make audio-

visual recordings of its meetings, to be live-streamed via Council’s website during each meeting.

2. Council-produced recordings of meetings under this clause are to be kept for a minimum period of 7 years, and then destroyed. Note: This surpasses the requirements of State Records’ General Retention and Disposal Authority: Local Government Records GA39 (13.6.2) which are: ‘to retain until minutes of meeting have been confirmed, then destroy.’

3. During the archive period, access to audio-visual recordings of meetings will be publicly available via Council’s website.

4. Full written transcriptions of proceedings shall not be made available. 5. Recordings are not to be used except in accordance with this Code

Inclusion of Live streaming of Council meetings will provide the community with greater access to Council decisions and debate, and addresses the geographic barriers preventing the public from attending meetings.


GMR14/037 ENDORSEMENT OF LONG TERM FINANCIAL PLAN AND REVISED DELIVERY PROGRAM 2013-2017 FOR PUBLIC EXHIBITION OF A PROPOSED SPECIAL RATE VARIATION FOR COMMUNITY AND TRANSPORT INFRASTRUCTURE PROJECTS

E14.8367


Attachments: Delivery Program 2013-2017 - Under Separate Cover Long Term Financial Plan - Under Separate Cover Micromex Survey - Under Separate Cover Submissions Summary - Under Separate Cover


Delivery Program Link: C2.1 Coordinate the delivery of the Integrated Planning and Reporting Framework across the organisation

Operational Plan Link: C2.1.1 Prepare the Council’s Delivery Plan and Operational Plan

EXECUTIVE SUMMARY

This report informs Council of community feedback about the package of community and transport infrastructure projects that could be funded through a special rate variation (SRV) commencing in 2015-2016.

It also presents information regarding Council’s current rating situation, the special rate variation proposal and rate increase scenarios, and the economic, employment, social, asset management and legal implications, to assist Council in making a decision as to whether or not to notify IPART of its intent to apply for a special rate variation.

The report outlines the impact of a special rate variation on Council’s ability to meet the financial criteria as set out in the NSW Government’s ‘Fit for the Future’ proposal which was released after Council commenced community consultation on a special rate variation proposal on 23 September 2014. The NSW Government has stated that by June 2015 it will require councils to demonstrate they are structurally and financially ‘fit for the future', and that they are sustainable, efficient and able to manage and deliver the services and infrastructure their communities need.

This report outlines that increasing Council’s general rate base through a rate variation would be an important step in meeting the NSW Government’s financial criteria and increasing Council’s medium and long term financial sustainability. If in addition to a rate variation, Council continues to successfully focus on efficiencies, reducing costs and reviewing service delivery models, Council will make significant progress in achieving the State Government’s criteria.

Also of note for consideration of Council’s financial position and this report, is that on 3 December 2014 as this report was being finalised, IPART advised that the 2015-2016 rate peg will be 2.4%. This figure is 0.6% less than the 3.0% previously advised by IPART and will negatively impact the ‘base’ case in this report and Council’s ability to be financially sustainable in terms of infrastructure renewal and the provision of significant community services.



E14.8367

In this context, it is considered that a special rate variation application would be a financially responsible direction for Council and it is recommended that Council progress the special rate variation to the next stage, noting the recommendations outlined below in regard to Council’s ongoing commitment to infrastructure renewal and a review of Council’s Rates and Debtors Hardship Policy.

RECOMMENDATION

That Council:

1. Receive and note the feedback and results of the community consultation.

2. Notify the Independent Pricing and Regulatory Tribunal of Council’s intention to apply for a special rate variation to commence in 2015-2016.

3. Endorse Council’s draft Long Term Financial Plan and revised Delivery Program 2013-2017 for the purpose of public exhibition for a minimum 28 days.

4. Receive a report back to the Ordinary Council meeting 9 February 2015 to consider any submissions received to the exhibition of the Long Term Financial Plan and revised Delivery Program 2013-2017, and determine whether or not to submit an application to the Independent Pricing and Regulatory Tribunal for a special rate variation to commence in 2015-2016.

5. Notes the beneficial impact an SRV would have on the NSW Government’s Fit for the Future financial criteria.

6. Resolve that any residual funds, once the proposed package of works are delivered, and funds that become available once loans are repaid, are entirely allocated and internally restricted to infrastructure renewals.

7. Review its Rate and Debtors Hardship policy to assist any members of the community who may experience hardship as a result of a Special Rate Variation.

BACKGROUND

Council is required to advise the IPART of its intention to consider lodging an application for a special rate variation by Friday 12 December 2014.

At its meeting on 23 September 2014 Council resolved:

1. Council endorse the list of priority infrastructure projects attached (Attachment A) as the basis for a Special Rate Variation proposal for the purposes of community consultation.

2. Council endorse the Community Engagement Strategy (Attachment B)



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3. Council receive a further report in early December to determine whether or not to notify Independent Pricing and Regulatory Tribunal (IPART) of Council’s intent to apply for a Special Rate Variation for the 2015/16 financial year.

4. Council write to the Office of Local Government to clarify the process for Council’s seeking a Special Rate Variation given the overlap of and potential duplication of the Fit for Future package assessment and submission.

This report provides the next stage outlined in point 3 of Council’s resolution.

CONSIDERATIONS

Our current situation

Like many NSW Councils, Eurobodalla has a shortfall in the funds required to provide and maintain its existing facilities and assets. The cost of local government services has risen faster than inflation and Council’s income is limited by State Government rate pegging. The cumulative effect since 1985, when rate pegging began is 6%. Further, unlike our neighbours Bega and Shoalhaven, Eurobodalla's general rate has not increased more than the rate peg since 2006. In 2014-2015, the rate peg was 2.3%. This means that Council currently has a rates income which is 20% below the average rates of comparable Group 4 sized councils. A comparison with neighbouring councils is also shown in the following table:

Rates Comparison Table

2012-13 Average Ordinary

Residential Rate ($)

Average Ordinary

Farmland Rate ($)

Average Ordinary

Business Assessment ($)

Eurobodalla 736.77 1,199.30 2,746.32

Bega Valley 852.21 1,611.63 2,236.63

Palerang 814.54 2,253.44 702.38

Queanbeyan 973.95 2,360.00 3,981.08

Shoalhaven 803.29 1,727.18 1,955.04

Eurobodalla’s special rate variation proposal

The special rate variation (SRV) relates to Council’s general rate only. It does not apply to Council’s water, waste or sewer rates. The proposal is for a 5% rate increase on top of the estimated 3% IPART rate peg amount over three years. This means the general rate is to increase by a total of 8% for 3 years and thereafter increase by the IPART rate peg amount.

The cumulative increase over the three years is 25.97% compared to 9.27% without the SRV.



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It is important to note that the SRV becomes a permanent, and not temporary, part of the rate base after year three. The rate peg amount in year four is added to the new increased rate amount (see rate increase scenarios below). The estimated income generated from this increase is approximately $1.10 million, $2.42 million and $3.84 million at years one, two and three respectively.

The additional revenue will fund a community and transport infrastructure program to be delivered over four years costing $21.4 million, including approximately $1.20 million annually for ongoing renewals. The program will deliver:

Increased annual funding to help address the gap in funding for infrastructure renewal, particularly for short lived assets (useful life less than 20 years)

An enhanced capital works program that will stimulate economic and employment growth and development

A resource base that will significantly improve Council’s medium and long term financial sustainability as required in the State Government’s Fit for the Future criteria

A capital renewal program for existing infrastructure in poor condition (e.g. bridges)

A capital program to upgrade existing infrastructure (e.g. improvements to existing roads, reserves and community facilities) including funding for on-going ‘whole of life costs’

In addition, the SRV will replace funds as a result of the flat lining of Federal Assistance Grants, a decision of the Federal Government June 2013.

The SRV will help to close the current general rate gap between Eurobodalla and other comparative councils noting that on average Eurobodalla’s general rate is 20% below the Group 4 average (2012/13) and to assist with progress towards achieving financial sustainability as required under the State Government’s Fit for the Future program.

To leverage the benefit for the community and minimise the impact on ratepayers, the financing strategy for the SRV includes:

cash funding renewal of short lived infrastructure (less than 20 year life) to address the annual infrastructure funding gap

borrowings of $15.7 million to be repaid over 20 years to match the benefits and costs of long lived infrastructure to ratepayers

ensuring that the ‘whole of life costs’ of any new or upgraded assets are covered including maintenance, operations and depreciation costs

The targeted infrastructure program of $21.4 million will provide:

Community infrastructure including:

Approximately $3.9 million for upgrades and new infrastructure to sportsgrounds, local reserves and parks to improve amenities and increase year round use and capacity



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$560,000 to improve local community halls and improve amenities to increase year round use

$50,000 additional recurrent funding for new pathways

$300, 000 upgrade to Corrigans Beach Reserve Batehaven, Gundary Oval Moruya and Rotary Park Narooma to include playgrounds with special accessibility elements

Economic and tourism infrastructure

$1.8 million to create a multi-use exhibition space with meeting rooms at Moruya Library to increase community usage and support events to promote economic and tourism activity

$1.25 million to upgrade Batemans Bay CBD (North and Orient Street north) to increase town centre vitality, economic and tourism activity

$270,000 to upgrade Moruya Airport terminal building, car park and plane holding area to improve accessibility and user amenity, economic and tourism activity

$350,000 for the provision of accessible toilets (seven) at high profile public sites across Eurobodalla

$300,000 for the provision of accessible viewing platforms and walks at high profile sites to improve visitor experiences and beach access

Transport Infrastructure including:

$1.0 million for Caseys Beach Rock wall renewal

Approximately $5.9 million for reconstruction and sealing of a number of higher trafficked gravel roads and upgrading of bridges and culverts

Project management costs of $750,000 to deliver the projects funded by the SRV

Approximately $1.2 million of annual renewal funding to further address the infrastructure backlog



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General Rate increase scenarios

The general rate component of the overall rate bill will be affected as follows, based on the two options presented to the community:

Residential

Residential Comparison

2015-16 2016-17 2017-18

Total increase

over three years

2018-19

Rate peg 3%

Rate peg only

(3%)

increase $24.55 increase $25.28 increase $26.05 $75.88 increase $26.82

new rate $842.85

new rate $868.13

new rate $894.18

9.27% new rate $921.00

Special rate variation

(3% rate peg + 5% SRV)


new rate $883.76

new rate $954.47

new rate $1,030.82

25.97% new rate $1,061.75

Additional cost of special rate variation p.a.

$40.91 $45.43 $50.30 $136.64

Additional cost of special rate variation above the rate peg per week

$0.79 $0.87 $0.97 $2.63



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Farmland

Farmland Comparison

2015-16 2016-17 2017-18 Total increase

over three years

2018-19

Rate peg 3%

Rate peg only

(3%)


new rate $1,318.11

new rate $1,357.65

new rate $1,398.38

9.27% new rate $1,440.34



increase $102.38

increase $110.57

increase $119.41

$332.36 increase $48.36

new rate $1,382.10

new rate $1,492.67

new rate $1,612.08

25.97% new rate $1,660.44

Additional cost of special rate variation above the rate peg p.a.

$63.99 $71.03 $78.68 $213.70


$1.23 $1.37 $1.51 $4.11

Business

Business Comparison

2015-16 2016-17 2017-18 Total increase

over three years

2018-19

Rate peg 3%

Rate peg only

(3%)


new rate $3,020.24

new rate $3,110.85

new rate $3,204.17

9.27% new rate $3,300.30



increase $234.58

increase $253.35

increase $273.62

$761.55 increase $110.81

new rate $3,166.85

new rate $3,420.20

new rate $3,693.82

25.97% new rate $3,804.63

Additional cost of special rate variation above the rate peg p.a.

$146.61 $162.74 $180.30 $489.65


$2.82 $3.13 $3.47 $9.42



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Measures to address long term funding needs and financial sustainability

Fit for Future

The NSW Government has recently outlined its proposed reform agenda for NSW Local

Government. It has done this through a program titled Fit for the Future, which is a

comprehensive response to the recommendations of the NSW Independent Local Government

Review Panel. The criteria was released after Council’s resolution to consult on a potential SRV.

Each council must prepare a submission by 30 June 2015 to outline how it will become ‘Fit for

the Future’; how it will become sustainable, provide effective and efficient services and have

the scale and capacity needed to meet the needs of communities and partner with the State.

For Eurobodalla this means demonstrating that we meet the criteria set for financial

sustainability, effective services and infrastructure, and efficiency and strategies providing a

plan to progress in a positive direction and achieve this outcome.

A SRV is one way to meet the criteria by addressing the infrastructure backlog to bring and

maintain community assets to the expected level of service as identified and expressed by the

community.

The Fit for the Future criteria relate to Council’s General Fund and not Council’s consolidated

financial position. It therefore does not include the Water and Sewer Funds which are in a

financially sustainable position. The General Fund as evidenced by TCorp’s financial assessment

in 2012 shows that the General Fund faces financially sustainability pressures in the medium to

long term position. In particular operating deficits, low infrastructure renewal expenditure and

increasing infrastructure backlogs are the main challenges facing Council’s General Fund. This

situation is not dissimilar to that of many other Council’s in NSW. The SRV proposal

significantly improves the General Fund position in regard to the Fit for the Future criteria and

whilst complementary strategies need to be implemented, it does set Council on the path

required for the future. This is discussed in more detail later in this report.

Cost containment and savings

In recent years, Council has made significant savings and will continue to focus on efficiencies

and cost reduction by:

improving our procurement and asset management practices

improving productivity

regularly reviewing our service delivery and safety practices



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using better work practices and technologies

collaborating with neighbouring councils, the ACT, NSW and Commonwealth

Governments, and building regional partnerships

Examples of the above are provided in the attached Delivery Program 2013-2017. A full report

on cost containment and savings will accompany Council’s SRV application to IPART if made in

February.

Financial

Council’s financial objective is to be financially sustainable. The SRV proposal represents an important step towards Council achieving this goal and the requirements of Fit for the Future program. The Fit for the Future criteria were released by the Office of Local Government (OLG) after Council resolved to consult on an SRV and has since been incorporated into the process. Council understands the importance of being fit for the future and has structured the long term financial plan around the seven indicators that represent the three key areas of being financial sustainability, effective infrastructure and service provision and efficiency. Whilst Council has followed the criteria it has queries with some of the indicators. In particular, Council is awaiting definitive guidance for the measurement of the infrastructure backlog ratio from OLG. In addition, the benchmarks that Council and IPART have adopted are also less stringent than the OLG benchmarks and continuous improvement is the key theme.

The SRV provides a significant improvement in operating performance, asset renewal and the infrastructure backlog indicators. The operating performance ratio improves by an average of 2.85% over the next 10 years. The asset renewal ratio improves by 11% and the backlog ratio by 12%. The graph below illustrates the impact the SRV will have on the backlog ratio. Without the SRV the backlog increases and with the SRV it declines considerably.

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

Infr

astr

uct

ure

bac

klo

g ra

tio

Year

INFRASTRUCTURE BACKLOG RATIO

Base case (consolidated) SRV (Consolidated) Base case (GF only)

SRV (GF only) Target



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To satisfy the Fit for the Future criteria, OLG requires that all seven indicators are satisfied or as a minimum improving over time with the goal being to meet them. IPART in their review of the program, recommend that the majority of the indicators be met and benchmarks for individual indicators are not as stringent and more continuous improvement focused. Council meets four of the seven indicators on current analysis. Council is proposing a SRV to improve its financial performance, to reduce the infrastructure funding gap thereby improving the status of its infrastructure. In all measures the indicator is significantly improved when the SRV is included. It is feasible with further efficiency and service delivery model reviews that other indicator criteria will be satisfied. This is a major step forward and in the long term, Council will need to review its service delivery model in order to be fit for the future. Council recognises it not only needs to act responsibly and seek adequate funding to provide services but to also live within its means.

The financial implications of pursuing a SRV, including the two financial scenarios (base case and SRV case) are outlined in an updated LTFP 2015-25 and amended Delivery Program 2013-2017.

Legal

Councils must identify the need for a SRV to their General Fund’s rates revenue as part of their

Integrated Planning and Reporting (IP&R) process. The IP&R documents need to be publicly

exhibited and adopted by the Council prior to submission of the SRV application to IPART.

A revised Delivery Program 2013-2017 and Long Term Financial Plan have been prepared for

the SRV consultation which commenced in September 2014.

If Council decides to notify IPART of its intention to apply for a SRV, during December 2014 and

January 2015, formal exhibition inviting feedback on the SRV proposal with Council's amended

Delivery Program 2013-2017 and financial information will occur. The Delivery Program 2013-

2017 and Long Term Financial Plan need to be revised, exhibited and adopted by Council before

applying for a SRV. Deadlines for applications to IPART are 16 February 2014. This timeline is

imposed by IPART.

The revised Delivery Program 2013-2017 presented is a special edition which will stand as a

separate document from February until it is incorporated back into a combined Delivery

Program and Operational Plan for 2015-2016 to be adopted in June 2015.

A decision on a SRV variation application if made in February will not be determined by IPART

until 19 May 2015.

Notwithstanding the above, Council will need to have prepared its Operational Plan 2015-2016

and endorsed for exhibition by then if it is to meet the 30 June 2015 deadline for adoption.

Given the circumstances, this may mean that Council will have to prepare 2 Operational Plans



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to reflect the base case scenario and a special rate variation scenario until a final decision of

IPART is made.

Policy

IPART will assess each SRV application against the criteria set out in the OLG’s Guidelines for

the preparation of an application for a special variation to general income for 2015-2016 (the

Guidelines).

Asset

Like many Councils, Eurobodalla has a significant annual infrastructure gap and backlog of infrastructure works to provide the infrastructure our community depends upon in their everyday lives. If this issue is not addressed, our community will experience a steady decline in the condition of its infrastructure over time, leading to reduced levels of service to the community, reduced public safety, higher risks of infrastructure failure and higher maintenance costs.

Council has actively engaged with its community on this issue as part of the process of considering the special rate variation proposal.

If approved, the proposed special rate variation would provide a significant pro-active measure toward addressing the infrastructure funding gap as well as addressing immediate high risk backlog issues. The SRV will also be supported by a range of measures including:

continuing to strive for improved efficiency and effectiveness

ensuring careful consideration of the impacts of new development on infrastructure needs

pro-actively encouraging appropriate growth in our population (giving a greater population to pay for facilities and community infrastructure such as existing suite of ovals, major reserves and community buildings)

continuing to advocate on behalf of our community for sustainable funding support for NSW Councils (for example, as Council has already adopted the NSW Roads Congress Communique and the as identified at the National Roads Congress)

optimising infrastructure provision and location through review and implementation of existing infrastructure strategies (e.g. recreation strategy)

in the medium term, after our legal commitments are met, transferring funds from capital works such as reconstructing and sealing of gravel roads to renewing existing sealed roads

as loans for the proposed SRV works are paid down, ensuring all residual funding from the SRV is 'ring fenced' and set aside for infrastructure renewal

actively pursuing grants



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The SRV funds would allow short lived infrastructure to be renewed at a more sustainable

frequency. These renewal works are critical to ensuring the longer lived components of assets

are protected so as they do not fail prematurely. By way of example, ensuring road pavements

are resurfaced regularly significantly improves waterproofing and is a cost effective strategy to

help maximise the life of the underlying road pavement.

Addressing the infrastructure gap for short lived assets is also an effective risk based strategy to

reducing the backlog of works in the medium term through the on-going cycle of works across

our network. This is reflected in the medium term noting the reduction in the asset backlog

ratio as highlighted in the attached ten year long term financial plan which, shows a significant

favourable movement with the SRV compared to a continuing unfavourable movement without

the SRV.

This strategy is however less effective for high risk assets such as bridges. The SRV package of

works therefore includes a loan funding program to address the backlog of works to replace

bridges and culverts.

It is also critical that any residual funds or funds becoming available in the longer term as loans

are paid down, are restricted or 'ring fenced' for the purpose of infrastructure renewal so these

funds can be used to fund replacement of longer lived assets when they are due. It is

recommended that this position is formally resolved by Council, thereby giving our community

confidence that these funds will be used for the purpose intended.

The proposed package of works provides a balance between addressing the current funding gap

for existing infrastructure, as well as providing a select program of works to help address

infrastructure sought by our community. Where new works are proposed, the SRV financial

model provides for the on-going maintenance, operation and depreciation costs (i.e. whole of

life costs). This is critical to ensure these new works do not add to the current growing

infrastructure gap.

The level of maintenance is also often limited by the available budget. The SRV provides an

opportunity to implement more pro-active maintenance and renewal regimes to ensure the

useful life of long lived assets is achieved and the reasonable expectations of the community

are met.

Economic Development Employment Potential

The Gross Regional Product of the Eurobodalla economy is estimated at $1.23 billion a year with around 3,000 business and a workforce of 13,543 in 2011. Tourism is an economic driver and the visitor economy was valued at $367 million for the year ending June 2013.



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The proposed package of works will have a direct employment benefit including the engagement of contractors and suppliers. Some works will be delivered through day labour operations which also provide for the use of local sub-contractors and suppliers ensuring maximum benefit to local businesses.

The community transport and infrastructure projects proposed will be an economic stimulus that will generate employment and support Eurobodalla’s business and visitor economy. Accessible tourism is expected to be a growth market for Eurobodalla in future years the inclusion of funds for accessible public amenities and viewing platforms will improve the visitor experience in this market and encourage visitors to ‘stop, stay and spend’. Other examples where business and tourists will be better supported include the upgrade to the Moruya library exhibition centre, upgrade of Moruya airport, Corrigans reserve upgrade, accessibility and playground upgrades and accessible viewing platforms.

The average spend of day visitors in Eurobodalla is $84, below the state average of $105. If visitors are encouraged to stay longer, and hence spend up to the state average, this would inject an extra $12 million a year into the local economy.

Social Impact

The provision of additional funding for infrastructure will deliver broad economic and social benefits to our community, with the inclusion of community and recreational infrastructure projects, designed to improve access at a range of sites and facilities, as well as projects that will create more opportunities for active participation.

This includes a focus on improving the accessibility of council facilities and community infrastructure, providing a positive social impact in the community, where 19% of residents have a disability and 26% are 65 years and older (census 2011).

Communication / Consultation

Councils are required to engage with their community in relation to SRV applications and be

able to demonstrate that the community is aware of the need for, and the extent of a rate rise.

Councils may use a range of methods to consult with their community in relation to special

variation applications. The manner in which Council does this may include, but is not limited to,

mail outs to ratepayers, fact sheets, media releases, public meetings, and community survey.

Information must be presented in a way that community members can understand, clearly

explaining what the SRV is being sought for. For example, it may be for a program of works, to

address infrastructure backlogs, or for service enhancements.



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Councils must be able to show that the information they present to the community is

transparent and clearly identifies the impact of any proposed rate increase on ratepayers.

Information should not be presented so as to minimise the perceived impact of the increase. It

must show:

that the requested special variation includes the rate peg

that multi-year increases in rates are cumulative

if the rate increases will remain permanently in the rate base of the council

increases in other charges, such as for waste management, where these are likely to

exceed CPI increases.

It should be noted that the requirements by IPART for Council to apply for a SRV, do not require

community support for the proposal. Rather, IPART requires that the community is adequately

informed about the proposal and are given an opportunity to provide feedback. There are also

a number of other factors that IPART considers when determining if a Council is eligible for a

SRV, which include the ratepayers’ ability to pay an increase as well as a sound business case

outlining the need for additional funding to address an infrastructure backlog.

Council resolved on 23 September 2014 to commence community consultation on a proposed

special rate variation proposal. This following details the extent of this consultation as well as a

summary of feedback received.

Mail out to all ratepayers

On 16 -17 October 2014 a brochure Funding Our Future was sent to over 21,731 rate payers. The brochure provided information about the package of community and transport infrastructure projects and the SRV proposal. It also advised of the process, community engagement activities and how the community could make a submission to Council.

Community telephone survey

In 2012, a community survey was conducted as part of Council’s preparation Integrated Planning and Reporting documents (Community Strategic Plan, Delivery Program and Operational Plan and its Resourcing Strategy) as required under the Local Government Act 1993 (NSW).



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At this time, Council asked residents and non-residents to provide feedback on two rate increase scenarios:

Option 1 - 5.5% SRV each year for five years from 2013/14 (including rate pegging of

3%) raising an extra $3 million per annum by 2018.

Option 2 - 7% SRV each year for five years from 2013/14 (including rate pegging of

3%) raising an extra $5 million per annum by 2018.

The 5.5% increase option was the most acceptable, with 62% of residents and 68% of non-residents indicating that they were somewhat supported this option. Higher level increase options were rejected. Those supportive felt that the SRV was affordable and needed in order to improve local infrastructure and services. Those not supportive had concerns about Council’s financial management, affordability and personally questioned the relevance of Council’s long-term resourcing strategies. Higher level increase options were strongly rejected.

Of importance to note is that this previous community survey is a vital part of the information that is required by IPART if Council proceeds with an application for a SRV. A key requirement of IPART is that Council demonstrate that the need for a SRV is part of the current Integrated Planning and Reporting process and adopted documents. Council’s current Delivery Program was adopted June 2013.

The purpose of the current community survey was to follow up on the 2012 consultation, to canvass the community’s understanding of the need for and extent of a rate increase now. There are similar questions in the current survey to those that were asked in 2012 to enable a temporal comparison of results to be given.

Micromex Research was engaged by Council as an independent expert in the area to develop, conduct and analyse a statistically valid community survey with a representative cross section of residents/ratepayers for this purpose.

The community survey was conducted between 23 October to 1 November 2014, in accordance with Interviewer Quality Control Australia (IQCA) standards and the market research society code of conduct.

The purpose of the survey was:

i) To determine awareness of and measure community support for a SRV

ii) To provide an avenue for feedback for residents to express their views on the proposed SRV

iii) Measure current levels of satisfaction with Council and Council servicing

602 participants were randomly selected to be representative of the Eurobodalla community’s demographics. The 602 sample size provided a maximum sampling error of plus or minus 4.0% at 95% confidence. This means that 19 times out of 20 we would expect to see the same results, i.e. +/- 4.0%.



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As such the research findings documented can be interpreted by Council (and IPART) as not just the opinions of 602 residents, but as an accurate and robust measure of the entire community’s attitudes. For this survey residents were asked to provide feedback on two rate increase scenarios:

Continuation of current funding - No rate increase above rate peg of 3% over 3 years

A special rate variation - Rate increase of 5% above rate peg to 8% over 3 years

A summary of the findings follows:

89% of residents are very satisfied to somewhat satisfied with the level of service and facilities provided by Council in the local area, which has increased from 85% in 2012.

Residents indicated they believe it is very important that Council continues to improve its community and transport infrastructure.

82% of residents are satisfied or somewhat satisfied with Council’s performance. This result is significantly higher than the NSW Regional Benchmark.

64% of residents were aware that Council was exploring community sentiment towards a rate variation; the majority of whom were informed by Eurobodalla Council’s mail out.

Whilst the majority of residents surveyed did not support paying more when surveyed on the SRV, approximately 50% of residents were supportive or somewhat supportive.

A full copy of the Micromex report is attached.

To date the community consultation on the proposed SRV has been extensive and used a variety of methods to inform the community about the proposal and provide opportunities for Council to receive feedback.

Public Information sessions

Council held 4 public information sessions about the proposed SRV. Details of the meetings were widely publicised online and in the local press and radio.

The meetings were held in the Narooma, Moruya and Batemans Bay Libraries and at Tuross Head shopping centre, and took place on 3 November, 10 November, 17 November and 22 November 2014. Attendance at the meetings by community members varied from 10 – 60 persons at individual sessions.

The main issues which were raised at the public meetings were how the different scenarios would impact on rates, technical issues about each of the scenarios and general questions about Council’s project selection and also maintenance of assets.

Telephone Feedback

A SRV hotline was provided with staff answering 70 phone calls from people wishing to ask a questions about the community and transport projects and the proposed SRV. Staff provided information and directed people to make a submission using the formal channels available.



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Council Website

The Council website featured a large banner in the most prominent position on the site directing people to visit the Funding your Future site to find out information, or make a submission.

Information Stall at Moruya Markets

An information stall was held at the Moruya Country Markets on 8 November 2014. The information stall gave community members the opportunity to ask questions of senior staff and Councillors about the SRV. The stall also provided an opportunity to distribute information including Council brochures, fact sheets, and copies of Council’s strategic documents and other related information.

Media

The adopted community engagement strategy was implemented to inform the community of Council’s intention to apply for the SRV. Activity included: directly mailing all rate payers; providing information to subscribers of Council’s Online Newsletter; issuing 5 media releases and 7 statements in response to media queries which formed the basis of a number of radio stories and interviews and newspaper articles; and commentary in 2 Mayor’s columns which are published in local newspapers and on Council’s website.

Submissions by email and mail

Council received 113 submissions by letter and email. The result of the engagement activities from September to end November 2014 are attached to the report.

15 in support

2 giving conditional support

92 in opposition

4 submissions contained a number of questions about the SRV proposal and Council

operations generally which were forwarded to the relevant staff member for

individual response.

A number of key themes were raised in the submissions opposing the SRV proposal including:

Impact of the rate increase on low income earners and pensioners

Council acknowledges that any rate increase may be difficult for some community members. Council has policies in place to assist ratepayers should they incur difficulty in keeping up with their rates payments including a Rates and Debtors Hardship Policy. It is recommended that this policy be reviewed to respond to the SRV specifically.



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Council should work within its existing budget and be more efficient

Council is committed to improving productivity and containing costs. In recent years, this has been achieved through work practice improvements and staff training, the introduction of new technologies, partnership initiatives and a program of service reviews to ensure we meet the expectations of the community as established by the Community Strategic Plan. Ongoing savings will be implemented.

Questions about the works proposed that appear to benefit tourists over residents for example town centre, viewing platforms etc.

The projects to be funded by the SRV will support the needs of our community as identified in our key strategies, plans and in feedback from the community; and also help promote economic development and employment within Eurobodalla.

Concerns raised about current asset maintenance practices

The SRV proposal provides a significant opportunity to meet the cost of maintaining and renewing Council’s existing community and transport infrastructure to meet the needs and expectations of the community. It is recommended that future funds from the SRV be internally restricted or ‘ring fenced’ to infrastructure renewals.

Other community consultation actions

If Council resolves at this meeting to notify IPART of its intention to lodge an application for a

SRV, further consultation and engagement will take place through a 28 day public exhibition.

The public exhibition and opportunity for the community to provide feedback will be promoted

on Council’s website, at the Batemans Bay, Moruya and Narooma libraries and the Moruya

customer service centre. A media release will be issued and details of the public exhibition will

be featured in Council’s Online News.

CONCLUSION

Council must formally resolve to notify IPART of an intention to lodge a SRV application. This process allows IPART to plan their staffing requirements to assess all applications, due by 16 February 2015, in a timely manner.

A resolution to notify IPART does not bind Council to formally resolving to make the application in February 2015. Further consultation will need to occur and be presented to Council prior to such a resolution.

If Council does not resolve to progress this application at this time, a review and refocussing of the adopted Delivery Program 2013-2017 and Long Term Financial Plan and associated asset management plans will need to be undertaken in early 2015 for consideration by Council, consultation and public exhibition prior to adoption in June 2015.


GMR14/038 CODE OF CONDUCT PUBLIC REPORT E13.7162

Responsible Officer: Jeff Phillips - Complaints Coordinator

Attachments: Nil


Delivery Program Link: C1.1 Conduct the business of Council in an inclusive, responsive and transparent manner

Operational Plan Link: C1.1.1 Support the councillors in meeting their statutory obligations and roles as community representatives

EXECUTIVE SUMMARY

A Code of Conduct Investigation Report on Councillor Milton Leslight was adopted in a closed session at the 25 November 2014 Council meeting. In adopting the recommendations of the Conduct Reviewer, this report has been prepared in accordance with the resolution that the findings be made public.

RECOMMENDATION

THAT this report be noted.

BACKGROUND

Whilst Council’s adoption of the Conduct reviwer’s recommendations covered a range of agreed actions, specifically Councillor Leslight is required, as per Council resolution on 25 November 2014, to offer an unqualified apology to all Council planning staff for his conduct at the meeting held on 8 July 2014 and in particular for making comments directed towards Council planning staff contrary to clauses 3.1 (c) and (e), 3.3, 6.6 and 6.7 (e) and (f) in the Model Code of Conduct.

In accordance with the agreed timeframe, Council requires Councillor Leslight to make the apology at either the 9 December 2014 or the 10 February 2015 Council meeting.

CONSIDERATIONS

Policy

The Model Code of Conduct is a mechanism that allows the public to submit complaints for breaches of the code by Councillors and the General Manager. The Model Code of Conduct has been developed to assist council officials to act in a way that enhances public confidence in the integrity of local government.


Information about code of conduct complaints and the management and investigation of code of conduct complaints is to be treated as confidential and is not to be publicly disclosed except as may be otherwise specifically required or permitted under the Model Code Procedures. Therefore, based on the advice of the Office of Local Government and in accordance with


GMR14/038 CODE OF CONDUCT PUBLIC REPORT E13.7162

Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (March 2013) members of the public will not be able to register to speak on this report.

CONCLUSION

The recommendations from the Conduct Reviewer’s report dated the 23 October 2014 were adopted, in their entirety, in a closed session of Council at the 25 November 2014 Council meeting. In adopting the recommendations of the Conduct Reviewer this report has been prepared in accordance with the resolution that the findings be made public.

PLANNING REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 DECEMBER 2014 Page 39

PSR14/070 DEVELOPMENT APPLICATION 106/15 TELECOMMUNICATIONS MONOPOLE - BENANDARAH STATE FOREST - NORTH BATEMANS BAY

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Responsible Officer: Lindsay Usher - Director Planning and Sustainability Services

Attachments: 1. NBN Monopole Tower Photomontage

Focus Area: Productive

Delivery Program Link: P1.1 Facilitate growth and development of our business community

Operational Plan Link: P1.1.2 Provide business support and development activities

Applicant: Aurecon Australia on behalf of NBN Co Limited

Land: Lot 12 DP 1164869 Corner Batemans Road and Iron Bark Road - Benandarah State Forest

Area: 2729 Hectares

Setbacks: N/A

Height: N/A

Zone: RU3 - Forestry under the Eurobodalla Local Environmental Plan (2012)

Current Use: State Forest

Proposed Use: Telecommunications Monopole

Description: Fixed Wireless Base Station facility, comprising of a 40 metre high monopole and two outdoor units enclosed in a secure compound.

Permitted in Zone: State Environmental Planning Policy (Infrastructure) 2007 permits telecommunications facilities in all zones.

DA Registered: 12 September 2014

Reason to Council: Referred by Director

Recommendation: Approval subject to conditions

EXECUTIVE SUMMARY

This report seeks Council’s determination of an application for a NBN Telecommunications Monopole located within the Benandarah State Forest.

The application relates to a section of forestry land located within 150m from land zoned R5 – Large Lot Residential under the Eurobodalla Local Environmental Plan (2012) and therefore cannot be determined through the Complying Development Certificate process. Had the proposal been located greater than 150m from the residential zone boundary, Council consent would not have been required. The closest residential dwelling to the subject site is located approximately 300m to the south west.

The proposal is consistent with the requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Infrastructure) 2007 (SEPP) Clause



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115, NSW Telecommunication Facilities Guideline including Broadband (2010) and the Eurobodalla Local Environmental Plan (2012).

On 28 October 2014, Council received report PRS14/058 relating to development application 106/15 being a telecommunications monopole to be located in Benandarah State Forest, North Batemans Bay. At this meeting Council resolved the following (Minute No: 14/307):

THAT the report be deferred to allow the applicant to provide additional information in regard to the impacts of the visual amenity and that the matter be reconsidered at the Council meeting on 9 December 2014.

The applicant has prepared photomontages of the monopole and has presented these to the community. These photomontages are included with this report for councillors information.

This report recommends approval of the development application subject to conditions.

RECOMMENDATION

THAT pursuant to the provisions of Section 80 of the Environmental Planning and Assessment Act 1979, Application No. 106/15 in relation to Lot 12 DP1164869 Corner of Batemans and Iron Bark Roads, Benandarah State Forest be APPROVED subject to the conditions set out below.

The development application has been determined by granting of consent subject to the conditions set out below. These conditions have been applied to this consent for the following reasons: ensure that the proposed development:

(a) achieves the objectives of the Environmental Planning and Assessment Act, 1979; (b) complies with the provisions of all relevant Environmental Planning Instruments; (c) is consistent with the aims and objectives of Council’s Development Control Plans,

Codes and Policies. To ensure the protection of the amenity and character of land adjoining, and in the

locality of the proposed development. To minimise any potential adverse environmental, social or economic impacts of the

proposed development. To ensure the development does not conflict with the public interest.

1. This development must be carried out in accordance with the plans stamped and numbered 15/106 and supporting specifications and documentation, or as modified by these conditions or as noted in red by Council on the approved plans. All building work must be carried out in accordance with the requirements of the Building Code of Australia.

Note: Any alteration to the plans and/or documentation may require the lodgement of an application to modify the consent under s96 of the Environmental Planning and Assessment Act (EPA Act) 1979, or a fresh development application. Your Principal Certifying Authority should be consulted prior to any works contrary to this consent being carried out.



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Where there is an inconsistency between the documents lodged with this application and the following conditions, the conditions shall prevail to the extent of that inconsistency

2. Compliance with Australian Standards

The telecommunications facility hereby permitted must be designed and installed so that the maximum human exposure levels to radio frequency emissions comply with current Australian Standards.

3. Loading and Unloading

All loading and unloading of service vehicles in connection with the use of the premises shall be carried out wholly within the site at all times.

4. Bushfire Protection

The following conditions are required for compliance with Section 79BA of the Environmental Planning and Assessment Act 1979:

At the commencement of building works and for the life of the development, the subject site shall be managed as outlined within Section 4.1.3 and Appendix 5 of 'Planning for Bushfire Protection 2006' and the NSW Rural Fire Service's document 'Standards for Asset Protection Zones' on all elevations for a distance of 10 metres.

5. Vegetation Clearing

To minimise potential impacts on threatened species, populations and ecological communities the following is required:

Ensure the extent of clearing is clearly marked in the field prior to the commencement of vegetation clearing;

Relocate any fallen timber and woody debris currently on the ground outside of the APZ, exercise caution in moving timber to minimise potential impacts to fauna that may be occupying fallen logs;

Have the contact details of the nearest veterinary clinic and accredited wildlife carer in case of injured fauna;

Ensure equipment is free of plant material and soil that may contain weed seeds or soil-borne diseases prior to entering the site. Vehicles should be washed-down at an appropriate located where weeds are regularly managed prior to commencing work; and

Ensure appropriate erosion and sediment control measures are implemented ensuring the construction-phase to minimise potential indirect offsite impacts.



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PRIOR TO COMMENCEMENT OF WORKS

6. Erosion and Sedimentation Control

Install such measures as are necessary to effectively control soil erosion on the site and prevent silt discharge into drainage systems and waterways in accordance with Council's Policy - Council’s Soil and Water Management Code. These controls are to remain in place until the development is completed and/or disturbed areas are stabilised. In this regard, warning signs (minimum of two) to promote the awareness of the importance of the maintenance of sediment control techniques have been supplied with this consent. You are required to attach the signs to sedimentation fences with wire ties on the most prominent sediment fence or erosion control device, spaced every 20m, for the duration of the project.

Note: On-the-spot fines may be imposed by Council for non-compliance with this condition.

7. Construction Certificate

The erection of the building the subject of this development consent MUST NOT be commenced until: (a) Detailed plans/specifications of the building have been endorsed with a

Construction Certificate by: (i) the Council, or (ii) an accredited certifier, and

(b) The person having the benefit of the development consent: (i) has appointed a Principal Certifying Authority, and (ii) has notified the Council of the appointment, and

(c) The person having the benefit of the development consent has given at least two days’ notice to the Council of the person’s intention to commence the erection of the building; and

(d) Builders name and licence number has been supplied to Council or the Principal Certifying Authority; and

(g) A sign has been erected on site in a prominent position containing the information prescribed by Clause 98A(2) & (3) of the EP & A Regulations being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited. This sign must be maintained on site while work is being carried out and removed when the work has been completed.

8. Site Waste Management

A site rubbish enclosure must be provided prior to commencement of any work for the period of the proposed work and remain in place for the duration of all works. All waste materials from the site must be disposed of at an authorised waste facility.



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DURING CONSTRUCTION

9. Hours of Operation – NOISE

Construction and demolition work on the site shall only be carried out between the hours of 7.00am and 6.00pm on Monday to Friday inclusive, and 8.00am to 5.00pm on Saturdays. No construction or demolition activity on Sundays and Public Holidays if audible at any residential premise or other sensitive noise receptor.

PRIOR TO COMMENCEMENT OF USE

10. Public Utility Adjustments

Adjustments to the public utilities necessitated by the development shall be completed prior to occupation of the development and in accordance with the requirements of the relevant authority, all at no cost to Council.

ADVISORY NOTES

11. Discovery of a Relic

If Aboriginal relics or objects are uncovered during work, excavation or disturbance of the area, any such activity must stop immediately. The Environmental Protections and Regulation Group of the Office of Environment and Heritage is to be immediately contacted. Depending on the possible significance of the relics, an archaeological assessment and an excavation permit under the NSW Heritage Act 1977 may be required before further works can continue in that area.

12. Land Clearing “Best Practice”

Council encourages the following best practices in relation to the disposal of felled timber:

The harvesting and processing of mill quality timber either on site or through a commercially licensed timber mill;

The stockpiling of suitable felled timber as firewood for heating purposes; and

The mulching or chipping of stumps, crowns and other herbaceous matter either on site or through a licensed landfill tip or recycling centre providing mulching facilities.

13. BCA Compliance

This Development Application has been subject to a merit based assessment. The plans lodged and approved have not been assessed against the provisions of the Building Code of Australia (BCA). It is your responsibility to ensure the plans lodged with any Construction Certificate application show full compliance to all provisions of the BCA.



96.0447.D

BACKGROUND

On 12 September 2014, Council received a development application for a telecommunications monopole due to the location of the proposal being within 150m from land zoned R5 – Large Lot Residential under the Eurobodalla Local Environmental Plan (LEP) (2012). The proposal will provide high speed broadband services over the air to service the North Batemans Bay area. The applicant has advised that NBN Co have not planned for a fibre or satellite service to this area.

On 16 September 2014, the application was advertised in accordance with Council’s Advertisement and Notification Code.

The subject site lies within the Benandarah State Forest to the south of the Ironbark and Batemans Roads intersection. The proposal will require 100m2 of land to accommodate the 40m slimline monopole and associated infrastructure. The proponent proposes access to the site from the internal forest road (Ironbark) accessed off the Princes Highway. Additional entry to the site is available from Batemans Road. Both access roads are unsealed.

The proposal will involve the removal of 15 trees to accommodate the Asset Protection Zone of 10m as required under the NSW Rural Fire Service ‘Telecommunication Towers in Bushfire Prone Areas’ Practice Note. No threatened flora species, endangered ecological communities or critical habitats have been identified.

Alternative sites have been examined by the proponent. Sites are selected on the ability to meet coverage objectives including feasibility and geographical aspects. Co-location with existing infrastructure was also investigated. The applicant advised there is no opportunity available in the vicinity of the target area for this to occur.

The subject site was deemed to be the most acceptable due to the sites following characteristics.

Separation from adjoining dwelling

Minimal environmental impact through reduced vegetation removal

Suitable location from a technical perspective

Topography, location on the prominent ridge allows for a monopole minimising structure height

Reduced visual impact through the use of a monopole type structure and position to the west of all dwellings.

The physical attributes of the site includes mature canopy vegetation characterised by tall canopy species up to 22m in height. Significant views of the ocean are situated to the east. Views of the mature forest to the north and west.

The State Environmental Planning Policy (SEPP) (Infrastructure) 2007 classifies certain telecommunications development that are permitted without consent, with consent and exempt from local environmental approvals. The SEPP Division 21 allows for telecommunication towers as Complying Development Certificates, subject to height limits and



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separation from residential zones. The proposal does not meet the requirements of exempt and complying development under the SEPP due to the compound being less than 150m from the adjoining residential zone.

Eurobodalla Shire Council has previously approved a Telecommunications Facilities at the following locations; DA1207/02 Wattlegrove Road Nerrigundah, DA368/02 Vista Ave Batemans Bay, DA1056/02 Reservoir Road Malua Bay, DA328/02 Princes Hwy Bodalla, DA330/02 Princes Hwy Broulee, DA331/02 Potato Point Road Bodalla, DA761/02 Lookout Road Benandarah, DA167-7-2004 Clearwater Terrace Jeremadra. DA76-4-2005 Trafalgar Road Tuross Heads, DA912/03 Hazel Road Moruya Heads, DA370/06 Tomakin Road Tomakin , DA94/09 Moruya Reservoir Road Moruya and DA382/12 Blairs Road Long Beach.

In addition to the telecommunication facilities approved through the development application process, Council has received in recent months, notification of numerous NBN towers or sites to be erected at various locations throughout the Eurobodalla through the Complying Development Certificate process.

POLICY

The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and the following relevant legislation, planning instruments and policies.

Environmental Planning and Assessment Act 1979 (EP&A Act)

Clause 5(a)(iii) of the EP & A Act states:

“(iii) the protection, provision and co-ordination of communication and utility services”.

The proposal provides enhanced broadband coverage to North Batemans Bay. The proposal is therefore consistent with the objectives of Clause 5.

The proposal has been assessed having regard to Section 79C of the EP&A Act and is deemed as satisfactory. A detailed assessment is attached as Appendix 1.

State Environmental Planning Policy (Infrastructure) 2007

Clause 115(3) of the SEPP requires the consent authority to consider any guidelines concerning the site selection, design, construction and operating principles for the telecommunications facility issued by the Director General and published in the Gazette. The proposal has been assessed against the NSW Telecommunications Facilities Guideline including Broadband (July 2010) and is deemed compliant in this regard. A detailed assessment is attached as Appendix 2.

State Environmental Planning Policy 44 – Koala Habitat Protection

A site investigation, supported by an Ecological Assessment Report by Environmental Property Services, determined that there are no koala feed tree species present as listed under Schedule Two of SEPP 44.



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Eurobodalla Local Environmental Plan 2012 (LEP)

The subject site is zoned RU3 – Forestry. SEPP (Infrastructure) 2007 permits telecommunications facilities in all zones. The objectives of the zone are met as there would be minimal development footprint required to accommodate the proposal and the location of the monopole would not constrain or prevent any part of the State Forest being used for its primary use. The proposal is therefore deemed as satisfactory with regard to the objectives of the LEP.

Land Use Status

The subject property is classified as State Forestry land featuring no existing development in close proximity to the subject site.

ENVIRONMENTAL

A flora and fauna survey was undertaken over the subject site. The proposal will involve the removal of 15 trees, however the vegetation is of low conservation value and is well represented throughout the rest of the subject site. There were no threatened species, Endangered Ecological Communities (EECs) or critical habitats present in or adjacent to the subject site. Good connectivity occurs in the surrounding landscape and the small portion of native vegetation removal will not severely affect this outcome. Three fauna species, although not identified during the survey process, have the potential to occur within the site on occasion. Mitigation measures are contained in the conditions of consent.

The site is identified as being within a Bushfire Prone Area. A Bushfire Risk Assessment analysis has been undertaken in accordance with Planning for Bushfire 2006. The Bushfire Attack Level (BAL) has been identified as BAL Flame Zone with an Asset Protection Zone of 10m on all elevations as required under the NSW Rural Fire Service ‘Telecommunication Towers in Bushfire Prone Areas’ Practice Note.

Cultural/Heritage

An assessment has determined that there are no aboriginal sites previously recorded within or close to the subject site. It is recommend that the consent be conditioned as such that if aboriginal relics or objects uncovered during works the Environmental Protections and Regulation Group of the Office of Environment & Heritage is to be immediately contacted.

‘East Lynne tram line’ Item No.121 is listed within the boundaries of the State Forest as shown in the Eurobodalla Shire Council Heritage Inventory 1997 and Schedule 5 of the LEP (2012). However the site of the proposed telecommunications monopole is situated 4km away from the Tram Line, and separated by mature State Forest. Council’s Heritage Advisor has not identified any adverse heritage impact.

CONSULTATION

The application was publicly notified in accordance with Council’s Advertisement and Notification Code and the provisions of the Environmental Planning and Assessment Act 1979.

The advertising period commenced on 17 September 2014 and concluded on 1 October 2014. Late submissions were received up until Friday 3 October 2014.



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Advertising involved the following:

All landowners adjoining the subject site were notified in writing and provided with an excerpt and a copy of the proposed plans;

2. A public notice appeared in the Bay Post, Moruya examiner and the Narooma News on the 17 September 2014;

3. A sign was placed on site 17 September 2014. A second site inspection determined the sign had been removed. A second sign was placed on site 23 September 2014;

4. The proposal was publicly displayed at Council’s customer service office in Moruya and the Batemans Bay library;

A total of 16 submissions were received objecting to the proposal. A petition of objection containing 34 signatures was submitted, however no planning justification was provided for the objection. Listed below is a summary of the main comments/concerns raised from the public comment period: Visual Impact from surrounding residential dwellings/Loss of bush view.

Response: Whilst it is acknowledged that there will be a visual impact on a small number of dwellings, the primary view is towards the ocean. This view will not be impacted by this proposal. The structure will be visible above the tree line from some aspects. The tower relies on near line of sight to provide coverage to homes and therefore must be visible. There is no opportunity to completely obscure the structure from view. This is common across all radio transmission stations. The dense vegetation the immediate area softens the development with mature canopy in foreground and background which provides an effective screen for the monopole.

Site location not appropriate so close to dwellings

Response: The site has been strategically located to minimise structure height and allow for the maximum number of premises to be provided with coverage. The applicant advised that moving the site will result in additional costs for electrical connection, additional vegetation removal to facilitate longer power run with only a negligible benefit for visual amenity. Structures must achieve line of sight with intended premises. Any loss of sight will need to be addressed with a larger structure. Plans provided incorrect

Response: Intersection of roads were used as a guide for general orientation only as the subject lot is 2729 hectares. The detailed plans provided show the exact location and coordinates.



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Loss of property value 15% to 20 %

Response: In terms of 79C of the EP&A Act 1979 this is not a matter of consideration. Whilst it is acknowledged that some may hold these concerns, it is not relevant for consideration in terms of the context of the planning regime (Telstra Corporation Limited v Bathurst Regional Council [2011] NSWLEC 1379) and (Alphatex Australia v The Hills Shire Council (No.2) (2009). Section 97C of the EP&A Act 1979 requires the consideration for ‘economic impacts in the locality’. Reference to ‘locality’ under 79C of the Act is broader than an economic impact on one or more adjoining neighbours. (Fabcot Pty Ltd v Hawkesbury City Council (1997) 93 LGERA 373) It is deemed that the benefits of the broadband service provide a broader economic advantage in the locality. Non-compliance with Regulations and Guidelines Response: NBN Co have lodged a development application with Council seeking development consent as the proposal does not meet the minimum separation from an adjoining residential zone as shown in the NSW Telecommunication Facilities Guideline including Broadband (2010). The Guidelines describes the specific requirements of ‘complying development’ as contained in the SEPP (infrastructure). Not meeting the requirements of prescriptive complying standards does not mean the development is not permissible. Department of Education and Training recommendation that towers be at least 500m from schools

Response: The NSW Department of Education and Training has adopted a policy that states the following: “While the Department cannot state a specific separation distance between a proposed mobile telecommunications facility and a school or TAFE campus, the Department has a preference for a distance of at least 500 metres from the boundary of the property”. Telecommunications facilities are permissible in all locations and there are no established requirements for minimum distances in relevant regulations this is a ‘preference’ only. This is because regulating antenna output (power) rather than distance is the determinant of safety. There is no school within 500m of this proposal. Health Risk/EME radiation and additional antennas increasing radiation levels.

Response: Radio transmission facilities are required to adhere to strict, scientifically based and proven standards. The standards are regulated by the Commonwealth ‘Australian Radiation Protection



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and Nuclear Safety Agency’ (ARPANSA). The structure operates at 0.087% of the safety limit for human exposure 24/7. This represents a figure 1149 times better than the safe limit. Any new proposed co-locations on the structure will need to take into account the EME output of the existing antennas. This is standard practice and a requirement for EME reports under ARPANSA regulation. EME report represents the maximum EME output from the structure under full load. Antennas are not capable of additional output. It is important to note that this determination is confined to legitimate planning considerations. The proposal is below the limitations imposed through relevant Australian Standards and therefore would not provide reason to refuse the application on the basis of health risks as raised by resident objections. (Telstra Corporation Limited v Hornsby Council [2006] NSWLEC 133) and (Telstra Corporation Limited v Cessnock City Council [2012] NSWLEC 1307). Noise and dust from unsealed roads

Response: Dust mitigation, soil and erosion management, and traffic management will be dealt with and monitored via a condition on the consent. Construction and maintenance access is proposed via the State Forest (Ironbark Road) from Princes Highway, and will not require the use of Clyde or Batemans Road. The tower is unmanned and will only be accessed four times a year for maintenance. Lack of public consultation

Response: The application has been advertised in accordance with Council’s Advertising and Notification Code. Late submissions were received until Friday 3 October 2014. Applicants who expressed concern with lack of community consultation made no submission that further consultation would have seen additional determination issues put forward had more parties participated. Flora and Fauna protection

Response: The ecological report attached to the development application confirms there is no significant environmental impact as defined under relevant legislation or regulation. The proposal will involve the removal of 15 trees to accommodate the Asset Protection Zone of 10m as required under the NSW Rural Fire Service ‘Telecommunication Towers in Bushfire Prone Areas’ Practice Note. No threatened species, endangered ecological communities (EECs) or critical habitats have been identified.



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Noise concerns

Response: The air-conditioning unit will only run as required and operates at a similar level to a household unit. The closest dwelling is approximately 300m away and will not be impacted. Interference with television, radio and Internet reception

Response: NBN is licensed for the exclusive use of the 2300Mhz band. The use of this band will not affect radio transmissions, such as TV and radio, using other bands. High voltage power line be underground rather than overhead

Response: The installation design of new electrical assets will be determined by Essential Energy. Optic fibre possible alternative Response: The applicant has advised that NBN Co have not planned for a fibre or satellite service to this area.

CONCLUSION

It is considered that the proposal is consistent with the requirements of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Infrastructure) 2007, NSW Telecommunication Facilities Guideline including Broadband (2010) and the objectives of the Eurobodalla Local Environmental Plan (2012).

The proposal will have significant benefit for residents in North Batemans Bay through enhanced broadband coverage. Whilst it is acknowledged that there will be a minor visual impact to a few residents, the proposal has a significant advantage to the wider community including local residents, businesses, and visitors to the Eurobodalla.

The proposal has been strategically sited with protection of the highly valued ocean views in mind and designed to minimise its visibility within the surrounding environment as much as practical before service to the area is compromised. The extent of the tree canopy that surrounds the site, particularly in the foreground, softens the proposal’s appearance with the dense vegetation screening the proposal.

Having regard to the above assessment and subject to the conditions of consent, the proposal is deemed as satisfactory with regard to the provisions of the Environmental Planning and Assessment Act 1979.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 9 DECEMBER 2014 PSR14/070 DEVELOPMENT APPLICATION 106/15 TELECOMMUNICATIONS MONOPOLE - BENANDARAH STATE FOREST - NORTH BATEMANS BAY ATTACHMENT 1 NBN MONOPOLE TOWER PHOTOMONTAGE

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PSR14/071 CERTIFICATE OF IDENTIFICATION UNDER THE SWIMMING POOLS REGULATIONS 2008

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Attachments: Nil




EXECUTIVE SUMMARY

This report seeks Council approval to affix the Common Seal of Council on the Certificates of Identification in accordance with Schedule 1, Certificate of identification, of the Swimming Pool Regulation 2008 for each Council employee who is an authorised person under the Swimming Pool Act 1992.

RECOMMENDATION

THAT the Common Seal of Eurobodalla Shire Council be affixed to the Certificates of Identification for all persons who are authorised, by delegation, to carry out compliance inspections in relation to the Swimming Pool Act 1992.

BACKGROUND

On 12 November 2013, in accordance with the Swimming Pools Act 1992 (the Act) and Swimming Pools Regulation 2008 (the Regulation) Council implemented a swimming pool barrier inspection program. This program ensures Council complies with its legal obligation under the Act and to increase pool safety awareness and reduce drowning and near drowning events in backyard swimming pools in the Eurobodalla. This requires Council Officers to undertake compliance inspections on residential properties.

CONSIDERATIONS

Section 27 (2) of the Act requires a local authority to issue a certificate of identification to each authorised officer appointed by it.

Clause 20 of the Regulation states the prescribed form of certificate of identification is the form set out in Schedule 1 of the Regulations. These provisions set out the requirement to affix the seal of Council to each certificate. Council currently has 9 positions that are authorised, by delegation, to carry out compliance inspections in relation to the Swimming Pool Act 1992. Legal

In accordance with Section 22B of the Act, Council was required to develop and adopt a program for the inspection of swimming pools in its area to ensure compliance with the requirements of Part 2 of the Act. This program was adopted in November last year and requires Council to undertake mandatory compliance inspections on pools within our shire.


PSR14/071 CERTIFICATE OF IDENTIFICATION UNDER THE SWIMMING POOLS REGULATIONS 2008

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In developing the swimming pool barrier inspection program Council was required to consult with its local community. The draft swimming pool barrier inspection program was placed on public exhibition from 16 September 2013 to 16 October 2013, during this time no submissions were received.

CONCLUSION

Each Council officer authorised under the Act is required to have a Certificate of Identification that is ratified by way of Common Seal of the Council, and reflects the requirement of the Swimming Pools Act and Regulations.


PSR14/072 SUBMISSION TO FEDERAL GOVERNMENT'S AGRICULTURAL COMPETITIVENESS GREEN PAPER

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Attachments: 1. Submission to Agricultural Competitiveness Green Paper

Focus Area: Sustainable

Delivery Program Link: S7.2 Maintain, update and communicate planning informations and issues

Operational Plan Link: S7.2.3 Monitor, report and communicate and implement changes relating to land use planning

EXECUTIVE SUMMARY

The Australian Government has commissioned a White Paper to boost agriculture’s productivity and profitability. A taskforce has been established to prepare the White Paper and conduct the consultation. Council previously made a submission to an Agricultural Competiveness Issues Paper as part of the consultation process.

The Australian Government has now released the ‘Agricultural Competitiveness Green Paper’, the next stage in the consultation process.

The Green Paper represents the summation of the views of the public from the Issues Paper consultation. The Green Paper is presented as a further discussion of possible options proposed by stakeholders for improving the competitiveness of the agricultural sector. The Government states that not all options discussed in the Green Paper will be taken forward in the White Paper. The Government is seeking comments on those ideas that will make the most difference. Submissions on the Green Paper close 12 December 2014.

A draft submission has been prepared and is included as an attachment to this report.

RECOMMENDATION

THAT:

1. Council endorse the submission on the Agricultural Competitiveness Green Paper.

2. Council’s submission be forwarded to the Federal Government and a copy be forwarded to the Member for Eden-Monaro.

BACKGROUND

In February 2014, the Federal Government released an Issues Paper as the first stage of community consultation in the development of a White Paper on the competitiveness of the Australian agricultural sector.

Council made a submission to the Issues Paper highlighting a range of opportunities to support the expansion of agriculture in Eurobodalla. To support Council’s submission, a copy of the Rural Lands Issues Paper, developed as part of the Rural Lands Strategy project, was attached to Council’s submission.



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The second stage in the development of the White Paper was the release of a Green Paper for public consultation. The Agricultural Competitiveness Green Paper was released in October 2014.

Submissions on the Green Paper close on 12 December 2014.

CONSIDERATIONS

The Agricultural Competitiveness Green Paper outlines what the Government is already doing in relation to supporting agriculture in Australia and it identifies a range of suggestions raised by stakeholders through submissions to the earlier Agricultural Competitiveness Issues Paper.

The Green Paper addresses the following matters as they relate to agriculture:

Infrastructure

Working with the States and Territories

Competition and regulation

Finance, business structures and taxation

Foreign investment

Education, skills and training, and labour

Drought

Water and natural resource management

Research, development and extension

Biosecurity

Accessing international markets

The opportunities raised in Council’s submissions to the Issues Paper, many of which would apply to regional communities across Australia, are not represented in the Green Paper. While many of the stakeholder suggestions included in the Green Paper are commendable and should be supported, it is considered appropriate in making a submission to the Green Paper, to reiterate the opportunities outlined in Council’s previous submission to the Issues Paper, including the following:

The need to upgrade the Kings Highway to improve access to markets;

Provision of a resource/help desk for expert advice on regulatory requirements and investment opportunities;

Facilitating regional deals between farmers and local retailers;

Supporting the sharing of resources and skills amongst producers;

Delivering on-line training opportunities for farmers

Directing resources to land with the highest potential to increase yield



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The Green Paper makes no mention of the potential impacts of climate change on farmers and the need to consider ways in which farmers can adapt to those changes.

Environmental

The Green Paper rightly acknowledges that “family farms are the best stewards of the land because they’ve been on it for generations and care about maintaining it for future generations”. However, this does not mean that the Government should not provide assistance and advice to help farmers manage and protect environmental values on their land. The draft submission attached to this report highlights the need for government assistance to support natural resource management including consideration of stewardship payments or tax incentives to farmers who protect natural areas.

Social Impact

A productive rural community is important to the social fabric of Eurobodalla. The draft submission identifies a range of opportunities to support local producers which will have positive social impacts.


A healthy rural sector in Eurobodalla has the potential to increase employment opportunities, particularly through an increase in the number of sole-operator or family farms. The draft submission identifies a range of opportunities to support growth in agriculture in Eurobodalla.


Council’s submission to the earlier Issues Paper included a copy of the rural Lands Issues Paper endorsed by the rural Lands Steering Committee. The community members of the Rural Lands Strategy Steering Committee were advised of the release of the Green Paper and the details regarding how they could make a submission should they wish.

CONCLUSION

There are many positive suggestions within the Agricultural Competitiveness Green Paper that are worthy of support. There are also many other opportunities and ideas that should be considered by Government in the development of the Agricultural Competitiveness White Paper. A draft submission has been prepared that highlights the positive suggestions in the Green Paper and reiterates those additional suggestions raised by Council in our submission to the earlier Issues Paper.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 9 DECEMBER 2014 PSR14/072 SUBMISSION TO FEDERAL GOVERNMENT'S AGRICULTURAL COMPETITIVENESS GREEN PAPER ATTACHMENT 1 SUBMISSION TO AGRICULTURAL COMPETITIVENESS GREEN PAPER

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Agricultural Competitiveness Green Paper

The Government is developing a White Paper on the Competitiveness of the Agriculture Sector that

will provide policy directions for enhancing the profitability of the sector and boosting agriculture’s

contribution to economic growth, trade, innovation, productivity and regional communities.

Following the release of an Issues Paper and consideration of almost 700 submissions received to

that Paper, the Government has now released a Green Paper which “represents a summation of the

views of the Australian public on the vital issue of the health and future of Australian agriculture”.

Eurobodalla Shire Council made a submission to the Issues Paper highlighting a range of

opportunities to support the expansion of agriculture in Eurobodalla. Many of these opportunities,

which would apply to regional communities across Australia, are not represented in the Green

Paper. In particular, it is disappointing that there is no mention in the Green Paper on the need for

farmers to be aware of the potential impacts on agriculture from climate change and ways in which

farmers can adapt to minimise those impacts.

In this submission to the Green Paper, Council again offers a range of suggestions to support growth

in agriculture in Eurobodalla and responds to a number of stakeholder suggestions outlined in the

Green Paper.

Infrastructure

Council supports stakeholder suggestions in relation to infrastructure improvements in regional

areas to improve access to markets, in particular the identification of regional air freight hubs and

improvements to communications infrastructure.

The following comments were made in relation to infrastructure in Council’s submission to the

Issues Paper:

Support for increased investment in the reuse of water, storage or sourcing of additional

supply (e.g. bore rather than river) and increased use of effluent would provide greater

security for the inputs to the supply chain.

Improved transport links generally would improve Eurobodalla producers’ ability to deliver

value for money goods to market e.g. Canberra airport’s impending acceptance of

international flights into Asia and the potential for new markets for a whole range of high

end value added products and improvements to the Kings Highway between Batemans Bay

and Braidwood.

Working with the States and Territories

Council supports reducing red tape for farmers and rural land owners, particularly where there is

duplication between State and Federal legislation. However, rather than “removing excessive native

vegetation laws” as identified in the Green Paper, Council suggests that the aim should be to “review

native vegetation laws to minimise duplication between State and Federal legislation and achieve an

appropriate balance between environmental protection and farm productivity”. Council notes that a

review of native vegetation laws in NSW is currently underway.


Page 65

Council supports the statement that “the Government encourages States and territories to ensure

that regulations are flexible enough to deal with individual circumstances so that environmental

outcomes can be achieved alongside improved farm productivity”. However, such flexibility must be

provided within an evidence-based framework that involves recording and auditing of

environmental outcomes so that the cumulative impacts on natural resources can be measured.

Council supports the statement that “a strong agricultural sector requires the natural resource base

to be maintained for future generations”. In addition to the stakeholder suggestions highlighted in

the Green Paper on this issue, Council recommends that the Government also encourage and

promote sustainable farming practices and adaptation to the potential impacts of climate change.

The following comments were made in relation to this matter in Council’s submission to the Issues

Paper:

There is a myriad of state & federal regulation affecting agriculture and this causes issues for

farmers in terms of complexity, time, jurisdiction and duplication.

As a minimum, a resource / help desk where farmers could go to quickly get expert advice of

what regulation (state & federal) is relevant, would be very useful.

Reducing duplicated legislation would reduce time and compliance costs. One example

would be in the environmental space where a time poor farmer is currently required to

navigate through the federal Environmental Protection and Biodiversity Certification Act as

well as overlapping state regulation (in NSW) of the Native Vegetation Act and the

Threatened Species Act.

In addition, some local producers who meet organic food standards choose not to become

officially certified because of the administrative / regulatory burden.

Competition and regulation

Council supports greater encouragement and facilitation of farm gate sales and other ways to ensure

more direct sales from local producers to local retailers and consumers.


Paper:

Encouragement and support for ‘regional’ deals with local producers and local independent

supermarkets would be beneficial. Two local dairy companies have distribution

arrangements with a few local IGA supermarkets which:

Provides competition on quality to large supermarkets

Provides producer with steady revenue

Allows producer to plan and expand gradually.

Local production for local markets would include support for community gardens and local

produce, farmers markets. The economic value of such enterprises and small scale

producers to the economy should be evaluated with a view to increasing levels of

operational and financial support. Advantages of supporting such activities include:

Starting on a small lot helps avoid some of the high costs of entry which discourage new

farmers. People grow a bit on their existing plots and start selling their produce before

they need to make financial investment decisions

Local produce / farmers markets provide positive local competition to major

supermarkets. This has been evidenced in Moruya where a new and successful Farmers

Market has been established.


Page 66

Primary producers get 100% of the retail price when sold at Farmers Markets making

commercial production more viable for more producers.

Finance, business structures and taxation

Council supports stakeholder suggestions relating to greater assistance and advice to farmers on a

range of business improvements, including financial matters, export readiness and opportunities for

business collaboration. As mentioned above, Council also recommends greater assistance and

advice to farmers on sustainable farming practices.


Paper:

The aggregation of small producers has many benefits and many local dairy producers were

part of the successful Bega Cheese co-operative prior to its listing on the ASX as a major

national company. Support services e.g. ‘A Sharing Resources Kit’ for other small producers

to work together would be valuable and would allow:

Shared distribution which means reduced costs and greater access to large markets

Greater added value by the sharing of processing & packaging equipment

Foreign Investment

Council supports appointing a senior investment specialist for agribusiness and food to help facilitate

proposed investments that contribute to industry growth and would like to see this role consider

how overseas investment could benefit small producers as well as large scale ones.

Education, skills and training, and labour

Council supports stakeholder suggestions in relation to improving education, skills and research and

the availability of labour, particularly the suggestion for creating national agricultural tertiary

excellence centres in regional locations.

The following comment was made in relation to this matter in Council’s submission to the Issues

Paper:

Greater education for farmers and developing the ability to deliver such training online or in

regional outposts of universities, could not only improve skills but help keep the talent base

in the rural areas. Relevant training is hard to come by in Eurobodalla and local community

groups have started to organise such training themselves.

Drought

Whilst Council supports the provision of assistance and relief for farmers in times of drought, more

efforts should be directed towards ensuring the best use of the most fertile lands where the

likelihood of and risks associated with droughts are low.

The following comment was made in relation to this matter in Council’s submission to the Issues

Paper:

The direction of resources to land with highest potential to increase yield would involve

ways of encouraging intensive agriculture on the most fertile lands. Farmers may currently

be averse to doing this because of the additional risk or through lack of knowledge. Over


Page 67

recent times, much of the financial support to farmers has been drought-relief related which

is not necessarily going towards maximising production.

Water and natural resource management

Council supports statements in the Green Paper that “family farms are the best stewards of the land

because they’ve been on it for generations and care about maintaining it for future generations”.

However there is always room for improvements to farm practices to ensure ongoing sustainability

of land and water resources and natural ecosystems.

Again, Council recommends greater assistance and advice to farmers on sustainable farming

practices. Council also supports consideration of equitable and efficient ways to support farmers

who protect natural areas through some form of stewardship payments or tax incentives.

As mentioned above, it is important that farmers be encouraged and assisted in adapting to the

potential impacts of climate change. Potential impacts of climate change for Eurobodalla farmers

may include changes to ecosystem services, increased saline intrusion, increased bushfire frequency

and intensity, changes in rainfall patterns, increased erosion and changes to the extent of acid

sulphate soils.

Research, development and extension

Council supports stakeholder suggestions relating to updating the rural research, development and

extension priorities to better align with community needs and decentralising agricultural research

functions to regional areas, as appropriate.

Biosecurity

Council supports stakeholder suggestions to strengthen the biosecurity legislation and systems as

identified in the Green Paper.


Paper:

Biosecurity remains important. Maintaining animal health and reducing the transfer of

weeds/invasive species across borders/countries/states is a key action e.g. Check /

regulation of nurseries, fodder industry, produce and agricultural suppliers to minimise the

potential for transfer of invasive species

Additional funding for research on weeds of national significance, as well as new and

emerging weeds would reduce the future impacts and economic costs.

Weeds of National Significance (WONs) programs have worked well and linking federal

funding direct to Local Control Authorities (eg Councils) would be more efficient than the

current process.

Accessing international markets

Council supports stakeholder suggestions to strengthen Australia’s overseas market efforts,

particularly in relation to providing more export readiness training for farmers. In particular, Council

supports efforts to open up export markets which small producers can benefit from.


Paper:


Page 68

Financial and in market support for new export projects would be most welcome and this

could be via the Commercialisation grants and dedicated export market business support

managers. Whilst in Aquaculture, Australia’s Oyster Coast, www.oystercoast.com.au , is one

such initiative looking to open up brand new export markets.

Additional support at the beginning of and through the export accreditation process would

encourage producers to undertake what, to many, could be a daunting and time consuming

process. Farmers tend to be small operators and time poor. This Oyster initiative is one

which would get to market much quicker with either financial support for a co-ordinator role

or such manpower provided directly by government.

One small local vegetable grower who believed they had zero export potential has been

identified by a Shanghai businessman who has explained that they are extremely keen for

quality, chemical free produce grown in areas that have clean environments. This is an

example of where Australia and Eurobodalla can compete – on quality rather than price.

Means of promoting and certifying this quality would be welcome and would get more local

product into high end markets.


PSR14/073 TENDER - PURCHASE, HANDLING AND REMOVAL OF SCRAP METAL STOCKPILES TENDER NO. 2015/PLS017

E07.1134


Attachments: 1. Confidential Tender - Purchase, Handling and Removal of Scrap Metal Stockpiles


Delivery Program Link: S5.2 Operate and maintain Council's waste management and collection service

Operational Plan Link: S5.2.2 Manage kerbside collection

EXECUTIVE SUMMARY

Tenders have been received for the purchase, handling and removal of scrap metal stockpiles from Council’s waste management facilities.

Tenders have been assessed and a preferred tenderer selected for consideration by Council.

RECOMMENDATION

THAT Council accepts the tenderer recommended in the confidential attachment and enters into a binding agreement as detailed in Tender No. 2015/PLS017 for the purchase, handling and removal of scrap metal stockpiles.

BACKGROUND

As part of the recycling and recovery initiatives at waste management facilities, Council has for some time accepted scrap metal at no charge, then on sold the scrap to a registered scrap metal recycler at an agreed tender rate. The last tender for this was in 2012 and the contract is due to expire December 2014. As a result of advertising through the Sydney Morning Herald, local papers and on the web through Tenderlink, three tenders were received for the purchase, handling and removal of scrap metal stockpiles.

CONSIDERATIONS

All tenders received were non-conforming however, the non-conformance was minor in nature and did not affect the evaluation against criteria. All of the tenders were assessed by a selected evaluation panel of three Council staff against the following criteria:

1. Quoted price rate (best value to Council). 2. Conformance with specification.

A price comparison is provided in the confidential attachment.


PSR14/073 TENDER - PURCHASE, HANDLING AND REMOVAL OF SCRAP METAL STOCKPILES TENDER NO. 2015/PLS017

E07.1134

Environmental

Recycling scrap metals closes the recycling loop, reducing the reliance on raw materials, utilising the embodied energy and diverting resources from landfill.

Financial

The commodity market has favoured Council with improved price over the previous tender period resulting in positive budget impacts.

CONCLUSION

Based on tender assessment criteria, it is concluded that the tender recommended for acceptance represents the best value for money to Council.


PSR14/074 TENDER - PROCESSING OF GARDEN ORGANIC, TIMBER AND STUMP MATERIAL TENDER NO. 2015/PLS018

E08.2465


Attachments: 1. Confidential tender - Processing of Garden Organic, Timber and Stump Material


Delivery Program Link: S5.2 Operate and maintain Council's waste management and collection service

Operational Plan Link: S5.2.2 Manage kerbside collection

EXECUTIVE SUMMARY

Tenders have been received for the processing of garden, timber and stump material from Council’s waste management facilities.

Tenders have been assessed and a preferred tenderer selected for consideration by Council.

RECOMMENDATION

THAT Council accepts the tenderer recommended in the confidential attachment and enters into a binding agreement as detailed in the processing of garden, timber and stump material Tender No. 2015/PLS018.

BACKGROUND

As part of the recycling and recovery initiatives at waste management facilities, Council has for some time processed garden organic (green waste), timber and stump waste and have sold or given away the shredded raw mulch product. The last tender for this processing activity was in 2012 and the contract is due to expire December 2014. As a result of advertising through the Sydney Morning Herald, local papers and on the web through Tenderlink, four tenders were received for the processing of garden, timber and stump material.

CONSIDERATIONS

All of the tenders were conforming and were assessed by a selected evaluation panel of three Council staff against the following criteria:

1. Quoted price rate (best value to Council); 2. Conformance with specification.

A price comparison is provided in the confidential attachment.

Environmental

Recycling garden organic material closes the recycling loop, saving landfill space, reduces methane production and provides a beneficial product for residents to put on their gardens.


PSR14/074 TENDER - PROCESSING OF GARDEN ORGANIC, TIMBER AND STUMP MATERIAL TENDER NO. 2015/PLS018

E08.2465

Financial

While the incoming material remains constant there will be no impact on the funding for this activity.

CONCLUSION

Based on the tender assessment criteria, financial capacity and price it is concluded that the tenderer recommended for acceptance represents the best option for Council.


IR14/044 TENDER FOR KINGS HIGHWAY, EAST NELLIGEN STORM WATER PIPE SUPPLY (TENDER NO 2015/ISD007)

E12.6217

Responsible Officer: Warren Sharpe OAM - Director Infrastructure Services

Attachments: 1. Confidential Attachment - Tender No 2015/ISD007


Delivery Program Link: P2.1 Undertake advocacy activities to further the development of transport infrastructure and support future growth

Operational Plan Link: P2.2.2 Undertake contract works for the Roads and Maritime Services on the Kings highway

EXECUTIVE SUMMARY

This report outlines the evaluation of Request for Tender (RFT) No 2015/ISD015 - Supply of Concrete Pipes and Headwalls in support of storm water infrastructure works associated with road realignment at Main Road 51, East Nelligen (Design No 4518D) and recommends the best value source of supply.

RECOMMENDATION

THAT Council endorse the recommendation to award a contract to the preferred tenderer assessed as providing the best value offer, as listed in the confidential attachment.

BACKGROUND

As part of the realignment of the Kings Highway at East Nelligen, a requirement exists to procure concrete pipes and headwalls to ensure adequate storm water infrastructure is established for the completed works.

Design No 4518D provides hydraulic calculations determining the requirement for the concrete pipes and headwalls.

Council’s designers tested the market via Procurement Australia (under a bulk supply panel exempt from the NSW Government Requirements of Tendering) and it was assessed that better value for money could be obtained through the use of open tender procurement method.

CONSIDERATIONS

Legal

The subject tendering activity was conducted in accordance with the Local Government (General) Regulation 2005, D of Local Government (DLG) Tendering Guidelines for NSW Local Government. The request for tender (RFT) met the advertising requirements of Local Government (General) Regulation 2005 – Regulation 167, publishing a notice in ‘relevant newspapers’ as defined within Regulation 164.


IR14/044 TENDER FOR KINGS HIGHWAY, EAST NELLIGEN STORM WATER PIPE SUPPLY (TENDER NO 2015/ISD007)

E12.6217

A detailed tender assessment was completed with the compliance of products with applicable Australian Standards and cost being the determining factors.

Policy

The RFT meets all requirements under Council’s Procurement Policy and its Tendering Code of Practice.

Environmental

The Roads and Maritime Services have approved the culverts for use at this site as part of their environmental review.

Asset

The Roads and Maritime Services is the asset owner of the infrastructure associated with the subject RFT.

Social Impact

The realignment of the Kings Highway is a significant work, designed to improve the safety and efficiency of transport. All road users will benefit from these works, in particular local residents living in Nelligen and surrounding rural areas, as well as visitors to the Eurobodalla.


The upgrading of the Kings Highway is a significant boost to tourism and economic development in the Eurobodalla. These works combined with future upgrades of the highway will encourage greater visitation to the Eurobodalla and improve transport efficiency to/from our area.

Financial

Funding for the purchase of the subject concrete pipes and headwalls has been made available from the NSW Government via the Roads and Maritime Services. Our local member Andrew Constance MP has offered good support to Council’s advocacy for the upgrade of the Kings Highway.

CONCLUSION

The preferred tenderer represents best value for money through selection of the lowest priced and a compliant offer.


IR14/045 TENDER FOR DESIGN, SUPPLY AND INSTALLATION OF SOLAR PV GRID CONNECT SYSTEMS (TENDER NO 2015/ISD020)

E14.8306


Attachments: 1. Confidential Attachment - Tender No 2015/ISD020

Focus Area: Support Services

Delivery Program Link: SS3.3 Provide administrative, technical, professional and trade services

Operational Plan Link: SS3.3.3 Provide building maintenance and construction services, procurement, stores and electrical trade services to support council operations

EXECUTIVE SUMMARY

Tenders have been received for the design, supply and installation of solar photovoltaic (PV) grid connect systems for various council owned buildings and facilities.

The tenders have been assessed and a preferred tenderer selected for consideration by Council.

RECOMMENDATION

THAT Council accept the preferred tenderer as identified in the confidential attachment for the design, supply and installation of solar photovoltaic grid connect systems for various council owned buildings and facilities.

BACKGROUND

Tenders have been received for the design, supply and installation of solar PV grid connect systems for various council owned buildings and facilities as shown below.

Site Size of System (kW)

Narooma Swimming Pool 20 minimum

Batemans Bay Library 20 minimum

Narooma Library 10

Batemans Bay Works Depot 8

Narooma Visitors Centre 3

Narooma Works Depot 3

Eurobodalla Regional Botanic Gardens 3

Surf Beach Waste Management Facility 3

Brou Landfill 13

Gundary Oval Clubhouse 1

Dalmeny Community Hall 1

Dalmeny Campground 1

The purpose of the solar PV systems is to reduce mains electricity use at these sites, with the intention to lower costs, maximise energy yield and reduce greenhouse emissions.


IR14/045 TENDER FOR DESIGN, SUPPLY AND INSTALLATION OF SOLAR PV GRID CONNECT SYSTEMS (TENDER NO 2015/ISD020)

E14.8306

This work has been included in the current works program, and is the third stage of the solar power projects designed to offset the greenhouse gas emissions from the Northern Water Treatment Plant.

CONSIDERATIONS

Legal

The tendering was conducted in accordance with the Local Government (General) Regulation 2005, D of Local Government (DLG) Tendering Guidelines for NSW Local Government. The request for tender (RFT) met the advertising requirements of Local Government (General) Regulation 2005 – Regulation 167, including publishing a notice in relevant newspapers as defined within Regulation 164. A detailed tender assessment was completed which included assessment of the tenderer’s previous experience in completing similar projects, experience of personnel, quality of products proposed and price.

Policy

The tendering process was undertaken in accord with Council’s Procurement Policy and its Tendering Code of Practice.

Environmental

The installation of the solar PV grid connect systems proposed will result in a saving of approximately 160 tonnes of carbon-dioxide equivalent emissons per year.

Financial

Funding for the Brou Landfill and Surf Beach Waste Management Facility has been allocated from the Waste Fund.

Funding for the General Fund sites has been allocated from the Energy Efficiency Fund. Stage 2 was part funded through the Regional Development Australia Fund. A reduction in scope in the final design phase of stage 2 has allowed some of this funding to be transferred to stage 3 projects. This transfer will provide up to 50% of the costs for the Narooma Swimming Pool, Batemans Bay and Narooma libraries as part of the stage 3 work.

It is estimated that the new systems will save Council $38,000 annually in electricity costs from 2015/16 onwards.

CONCLUSION

The preferred tenderer identified in the confidential attachment represents the best value for money, experience in similar sized projects, experienced personnel and quality of product.


IR14/046 TENDER FOR AUGMENTATION OF SEWAGE PUMPING STATIONS BB20 AND BB21, MALONEYS BEACH - CONTRACT NO 2015/ISD013

E05.9189.PS


Attachments: 1. Confidential attachment


Delivery Program Link: S1.1 Provide and renew sewer infrastructure

Operational Plan Link: S1.1.1 Deliver capital and renewal works program

EXECUTIVE SUMMARY

Tenders have been advertised and received for the construction of new valve pits and associated works at sewage pumping stations BB20 and BB21 at Maloneys Beach. The purpose of the works is to undertake necessary asset renewals combined with necessary upgrades to reduce Work Health and Safety risks associated with future operation, maintenance and renewals at the two pump stations.

This work has been included in the current 2014/15 works program.

Only one tender was received through the Request for Tenders. Whilst the tender amount is higher than the construction estimate, the tenderer has recently won a contract of a similar nature with Council, submitting the lowest priced tender, and completed the contract successfully with minimal variations, no contract disputes and no health and safety or environmental incidents.

RECOMMENDATION

THAT, in accordance with Clause 178 of the Local Government (General) Regulation 2005, Council accept the tender from the preferred tenderer for the construction of new valve pits and associated works at sewage pump stations BB20 and BB21 at Maloneys Beach.

BACKGROUND

Sewage pumping stations BB20 and BB21 were constructed in 1991. A necessary requirement for pumping station operation is to have isolating and reflux valves located on each rising main exiting the pumping station. Valves in a sewage environment have a design life of 25 years. As the valves in BB20 and BB21 are 23 years old and are in poor condition, Council has programmed to replace the valves in the current financial year.

The valves are located inside the pump station wet well, which creates substantial Work Health and Safety risks when undertaking valve or pump maintenance, or future replacement of these valves (restricted access, working in a confined space with potentially toxic and flammable environment). Whilst Council staff are well trained and resourced to undertake work in such environments, it is far better to eliminate the hazard where practicable. Current design practice is to locate valves in a separate concrete pit to provide ease of access and thereby reduce Work Health and Safety risk.



E05.9189.PS

Detailed designs and contract documentation was prepared for the construction of new valve pits, replacement of isolating and reflux valves and associated upgrade works for these pumping stations.

CONSIDERATIONS

A request for tenders was advertised in the Sydney Morning Herald, the local paper and on the web through Tenderlink. Upon close of tenders on the 12 November 2014, one tender was received.

The tender received is on file E05.9189.PS and is tabled at this meeting.

The sole tenderer was assessed as meeting all the non-price criteria, being:

previous company experience in similar works on live sewage pump stations;

previous personnel experience in similar works; and

adequate Work Health and Safety and Environmental Systems.

The tenderer has recently undertaken similar work with Council, being the augmentation of sewage pump station BB08 in Surfside. This previous contract (over $800k) was completed successfully, with quality work being undertaken on time, within budget with no contractual disputes and no health, safety or environmental incidents. Therefore, the sole tenderer is considered to have the necessary skills to successfully undertake the works and complete the contract.

Working on live pump stations requires specialist expertise, as the pump station has to be taken off line with 24 hour bypass pumping in operation for extended periods such that the integrity of the sewer system is not compromised and potential for environmental and public health incidents is minimised whilst the work proceeds.

Financial

The construction estimate for the project and the tender received are shown on the confidential attachment. Whilst higher than the estimate, the tender process for the augmentation of sewage pump station BB08 in 2012 for similar works resulted in seven tenders being received, with a variation in price between the tenders of 50%. Therefore, it is considered that the variation from the construction estimate provided by NSW Public Works is within reasonable limits. The successful tenderer won this tender process, submitting the cheapest tender. Therefore, it is not considered likely that re-tendering will provide any substantial reductions in price sufficient to justify the cost and delays involved in recalling tenders.

Council currently has allocated $1.6M ($800k/year) over the next two years for pump station upgrades in Batemans Bay. The current tendered amount can be accommodated within these funds without affecting delivery of other programmed works.



E05.9189.PS

CONCLUSION

Request for Tenders were called, with only one company submitting a tender for the augmentation of sewage pump stations BB20 and BB21. Whilst the sole tenderer submitted a price higher than the construction estimate, they are considered to have the necessary skills to successfully undertake the works and complete the contract, having recent experience successfully undertaking similar work for Council at a competitive price. It is therefore considered that the sole tenderer will provide project delivery at value for money to Council.


IR14/047 FUNDING OFFER - 2014-2015 FIRE MITIGATION WORKS FUND E01.5050


Attachments: Nil


Delivery Program Link: S3.2 Assist with planning for and coordination of emergancy services

Operational Plan Link: S3.2.2 Assist in development, review and implementation of Bushfire Risk Management Plan

EXECUTIVE SUMMARY

Council has been successful in obtaining grant funding from the NSW Rural Fire Service for the 2014-2015 Fire Fighting Fund. This report seek to endorse the actions of staff in accepting the grant.

RECOMMENDATION

THAT Council endorse the actions of staff accepting the grant funding offer of $40,000 from the NSW Rural Fire Service under the 2014-2015 Fire Fighting Fund.

BACKGROUND

The Eurobodalla Shire covers approximately 342,900 hectares and a significant proportion of this area is identified as bush fire prone land. There are approximately 1,200 parcels of Public Reserve and Crown land under Council’s care and control on both urban and rural environments totalling approximately 2,500 hectares.

The risk management of fire is often a complex and emotive issue, one that requires a balance between managing the risks of people and community assets and acknowledging the value of the natural environment to our social, economic and cultural wellbeing.

It is the duty of a public authority (Council, National Parks, State Forests, Crown Lands), owner or occupier to undertake maintenance and management of land under their care or control in order to mitigate bush fire risk under the Rural Fires Act 1997.

The Eurobodalla Bush Fire Management Committee in accordance with the Rural Fires Act 1997 prepared the Eurobodalla Bush Fire Risk Management Plan. The plan identifies the levels of risk across the Eurobodalla local government area and establishes coordinated hazard reduction zone strategies, which responsible land management authorities implement in order to manage bush fire risks.

Council lodged a grant funding application for the amount of $40,000 to the NSW Rural Fire Service under their Fire Fighting Fund.

The Fire Fighting Fund assists land managers, in this case Council, to undertake bush fire mitigation works that contribute to a safer community better able to prepare, respond to and withstand the effects of bush fire in New South Wales.

Council will utilise the funds for mechanical hazard reductions works, hard-clearing and grooming of asset protection zones in urban areas in the Eurobodalla.


IR14/047 FUNDING OFFER - 2014-2015 FIRE MITIGATION WORKS FUND E01.5050

CONSIDERATIONS

Council’s Delivery Program 2013-2017 states that we will collaborate with land management agencies to deliver coordinated bushfire risk management across the shire through the Eurobodalla Bushfire Risk Management Plan.

This offer of funding will assist in the undertaking of additional maintenance to enable Council to work towards meeting the objectives of the Eurobodalla Bush Fire Risk Management Plan and maintaining Asset Protection Zones.

Council’s Bush Fire Risk Management Plan supports this successful funding application.

Financial

In a letter dated 23 October 2014, the NSW Rural Fire Service notified Council that it has been successful in obtaining grant funding of $40,000 to be expended within 2014-2015 financial year. No matching contribution is required by Council.

CONCLUSION

The support of the NSW Rural Fire Service through their Fire Fighting Fund is valued. The acceptance of this grant will make a significant contribution in improving asset protection zones in urban interface areas and will assist Council to achieve its targets outlined in the Delivery Program.


IR14/048 FUNDING OFFER - FISHING PLATFORMS - SOUTH DURRAS AND MORUYA

E08.2116


Attachments: Nil


Delivery Plan Link: Parks, Foreshores and Community Facilities

Operational Plan Link: Provide, maintain and renew: Boat ramps, wharves, jetties and pontoons

EXECUTIVE SUMMARY

Grant funding has been successfully secured under the NSW Department of Primary Industries, Recreational Fishing Trust for $82,000 for the construction of two timber fishing platforms.

South Durras $40,000

Russ Martin Park Moruya $42,000

This funding will enable Council to provide two timber fishing platforms with hand rails which will allow anglers with limited mobility and people who do not have a boat, to fish in a safer environment.

Building these new assets will require an adjustment to future budgets to provide for maintenance and depreciation.

RECOMMENDATION

THAT:

1. Council accept the grants from the NSW Department of Primary Industries under the Recreational Fishing Trust for the construction of timber fishing platforms at:

(a) South Durras - $40,000; and

(b) Russ Martin Park, Moruya - $42,000

2. Council increase the annual maintenance allocation for boat ramps, wharves and jetties by $750 per annum commencing from the 2015/16 financial year and $1,250 per annum for depreciation.

BACKGROUND

The NSW Department of Primary Industries under the Recreational Fishing Trust (RTF) provides financial support for improvements for recreational angling facility projects.

South Durras

The existing boat ramp at Durras Lake is readily accessible by anglers. The boat ramp can become congested with the launching and retrieval of boats and people fishing in the same location. Fishing and access to the foreshore from the embankment in adjacent areas has led to erosion.



E08.2116

A new fishing platform will provide a viable alternative for access away from the boat ramp and mitigate erosion of the embankment. The proposed fishing platform is to be located to the north east of the existing Durras Lake boat ramp, off the pathway adjacent to the caravan park.

Recreational anglers without boats will benefit by the proposed fishing platform on the eastern bank of Durras Lake as it will provide a safe area for fishing and also provide an area where persons with limited mobility can enjoy “dropping a line in” in a quiet location that is easily accessible to them.

Moruya

The existing boat ramp at Riverside Park, Moruya has trailer and car parking, a timber wharf, fish cleaning tables with town water available and a new floating pontoon was completed in 2012. This boat ramp and associated facilities can be congested, making it less desirable for recreational anglers especially those with limited mobility.

The proposed fishing platform will be located off Russ Martin Park on the southern bank on Moruya River east of the Moruya River Bridge, approximately 160m west of the existing boat ramp. Access will be provided from the existing pathway network, parking is close by, there is an amenities block adjacent and there is an existing street light within the park for night time security. This platform will enable people with limited mobility to access and fish in a suitable and relaxed area away from the congestion of the existing boat ramp.

CONSIDERATIONS

The funding offer will enable Council to enhance recreational fishing opportunities.

The RTF funding offer stipulates that Council must accept the offer within three months from the date of offer and the project should commence within six months of the Funding Deed being signed. Therefore, it is proposed to commence construction of the fishing platforms in 2014/15 financial year.

Asset

Accepting this grant will require additional costs to maintain and ultimately renew the fishing platforms. The annual maintenance costs for these assets have been estimated at $750 per annum and it is proposed to increase the annual maintenance allocation for boat ramps, wharves and jetties by this amount commencing in the 2015/16 financial year. An increase in the allowance for depreciation will be required to renew this new asset over the longer term.

Social Impact

The Eurobodalla Disability Action Plan’s priorities include increased social inclusion for people with disability, particularly around inclusion in community activities such as sport and recreation, physical access to buildings, facilities and public spaces. Facilities such as accessible fishing platforms meet the priorities of this plan.


Recreational fishing is a multi-million dollar industry. Provision of a limited number of fishing platforms in the right locations will enhance fishing, bringing benefits to local businesses.



E08.2116


The initial request for the facility to be located at South Durras came from the Durras Progress Association. Discussions were also held with the nearby caravan park owner and residents during the design phase of the project.

Financial

Council’s capital contribution towards this project is in kind and involves design, project management and administration and therefore a separate allocation of funds by Council is not required.

An increase of $2,000 per annum will be required in the annual budget with $750 for boat ramps, wharves and jetties to provide for inspection and maintenance of this facility, plus an increase in depreciation of $1,250 to provide for the future replacement of this asset.

CONCLUSION

Grant funding of $82,000 has been offered to Council from the NSW Department of Primary Industries under the Recreational Fishing Trust for the construction of timber fishing platforms at South Durras and Moruya.

This funding will allow Council to enhance recreational fishing opportunities for all anglers, including those with limited mobility and people who do not have a boat to fish.

An increase in the annual maintenance allocation for boat ramps, wharves and jetties and an increase in the allowance for depreciation will be required to care for this new asset over the longer term.


IR14/049 LOCAL GOVERNMENT ROAD SAFETY OFFICER PROGRAM - FUNDING FOR 2014-2015

E05.9578


Attachments: Nil


Delivery Program Link: P2.3 Provide road and traffic management planning, programs and infrastructure

Operational Plan Link: P2.3.1 Implement road safety programs and plans

EXECUTIVE SUMMARY

To provide Council with a summary of successful grant applications for the 2014-15 financial year relating to road safety education projects.

RECOMMENDATION

THAT Council accepts the funding offer from Roads and Maritime Services made available under the Local Government Road Safety Program as follows:

1. Batemans Bay Night Bus - $7,000

2. Narooma Night Bus - $2,600

3. Kings Highway Road Safety Partnership - $20,000

4. Novice Motorcycle Rider Training Program - $4,000

5. Graduated Licensing Scheme Workshops - $1,200

6. Vulnerable Road Users - $3,000

BACKGROUND

As part of the Local Government Road Safety Program (LGRSP), Road Safety Officers are eligible to bid for project funding each financial year. All projects must adhere to the terms and conditions outlined in the LGRSP Funding Guidelines and Performance Funding Agreement made between Council and Roads and Maritime Service (RMS).

CONSIDERATIONS

1. Batemans Bay Night Bus - $7,000 The Batemans Bay Night Bus service has been operating since 2005-06. The service provides alternate late night transport for patrons from licensed premises in the Batemans Bay CBD. The project aims to reduce the incidence of drink driving offences and anti-social behaviour. This project is jointly managed by ESC Road Safety Officer and RMS. This year Maxi Taxi’s will be commissioned to provide the service which will allow more flexibility and an increased level of service. The Maxi Taxi’s will have signage indicated that it is a designated Night Bus service. Security Guards will also be employed to ensure the safety of all patrons. This summer campaign the service will operate over 8 nights.



E05.9578

2. Narooma Night Bus - $2,600 The Narooma Night Bus service has been operating since 2005-06. The service provides alternate late night transport for patrons from licensed premises in Narooma. The project aims to reduce the incidence of drink driving offences and anti-social behaviour. This project is jointly managed by ESC Road Safety Officer and RMS. A coach style bus has been commissioned to provide this service with an on board Security Guard employed. The Narooma Night Bus will operate over 3 nights.

3. Kings Highway Road Safety Partnership - $20,000 This program has been operating since 2007. It is a partnership formed between Eurobodalla Shire Council, Shoalhaven City Council, Palerang Shire Council, Queanbeyan City Council, NSW Policing, ACT Policing, Roads and Maritime Services, NSW-ACT Road Safety Trust, and ACT Government. The Road Safety Officer from Eurobodalla Shire Council coordinates this partnership. The aim of the partnership is to reduce road trauma on the Kings Highway during peak holiday season by coordinating inter-agency education and enforcement strategies. The Kings Highway Road Safety Partnership was cited within the Kings Highway Road Safety Review (2013) compiled by RMS. It states that this partnership is the only road safety education and enforcement campaign (other than RMS’s state-wide campaigns), that provides a coordinated approach between enforcement and public education across a number of jurisdictions. One of recommendations of the Road Safety Review (2013) was that RMS continue to support the Kings Highway Road Safety Partnership.

4. Novice Motorcycle Rider Training Program - $4,000 As outlined in the Road Safety Strategic Plan (2013-2017), motorcycle riders are identified as vulnerable road users with unique road safety needs. In the Eurobodalla learner riders are exempt from attending the “compulsory” pre-learner rider course due to the remoteness of our area (Goulburn is the closest available course). This leaves our novice motorcycle riders at a disadvantage and at a higher risk of serious accident. The Novice Motorcycle Rider Training Program will provide an opportunity for learner motorcycle riders to attend a free rider training course in our local region. An accredited motorcycle rider training provider will be engaged to run this course in 2015.

5. Graduated Licensing Scheme Workshops - $1,200 The purpose of the Graduated Licensing Scheme Workshops are to inform supervising drivers of the new laws for learner and provisional drivers, how to use the learner driver log



E05.9578

book, and how to plan on-road driving lessons. It is a condition of the RMS funding that two workshops are conducted annually.

6. Vulnerable Road Users - $3,000 This project has two main target groups; a. Pedestrian safety targeted at the older age group of 60 years and over. ESC works in

partnership with the Local Health District to present at four falls prevention groups per year. The use of motorised wheelchairs/scooters are also covered in these presentations.

b. Child restraint education and safety checks. This program is a new initiative for the Eurobodalla based on recent Centre for Road Safety national campaign that “2 in 3” child restraints are not fitted correctly. Six education sessions/workshops will be conducted in the Eurobodalla at parent groups/play groups. The Road Safety Officer will also arrange for a stall at the Batemans Bay Coast Kids Expo and the Moruya Babies and Toddlers Expo promoting child safety in and around cars.


We have consulted with the community and stakeholders via focus groups to assist in the development of the Road Safety Strategic Plan 2013 – 2017. The focus groups provided an understanding of road safety issues at a local level, and helped to identify and rank priorities of local road safety issues. The projects identified in the Local Government Road Safety Program are a reflection of the issues identified in the Road Safety Strategic Plan.

Staff

Council’s Road Safety Officer is responsible for the implementation of projects as outlined in the Local Government Road Safety Program and reporting progress and outcomes to RMS.

Financial

The funding offer from RMS is 100% funding, therefore, Council does not need to allocate additional financial resources to implement the programs. Some projects involve partnerships with other government agencies and/or local business and such contributions are factored into the funding application.

CONCLUSION

It is recommended that Council formally accept the grant funding offered by Roads and Maritime Service subject to the terms and conditions outlined in the Local Government Road Safety Program funding agreement.


FBD14/079 LEASE FOR TELECOMMUNICATIONS FACILITY - MALUA BAY 94.7281.D

Responsible Officer: Anthony O’Reilly - Director Finance and Business Development

Attachments: 1. Confidential Attachment - Lease for Telecommunications Facility - Malua Bay



Operational Plan Link: SS3.3.4 Manage Council property to achieve best value to the community

EXECUTIVE SUMMARY

As a result of an upgrade to Telstra’s telecommunications facility on Council’s water reservoir site in Reservoir Road, Malua Bay, Telstra is requesting Council to consent to the surrender of the existing leases over their facility and the granting of two new leases over the increased area.

The use of an increased area will not affect Council’s operations on the site and the terms and conditions of the new leases will reflect those of the existing leases.

RECOMMENDATION

THAT:

1. Consent be given to the surrender of Leases AE569122 and AE569123 over part Lot 11 DP 850712.

2. A Deed of surrender be entered into with Telstra Corporation Limited.

3. Two consecutive leases, three and five years respectively, be granted to Telstra Corporation limited over part of Lot 11 DP 850712 for telecommunications purposes with terms and conditions in line with the leases to be surrendered subject to the initial lease being the amount set-out on the confidential attachment to report …. Lease for Telecommunication Facility – Malua Bay.

4. All costs associated with the surrender and granting of new leases be borne by Telstra Corporation Limited.

5. Consent be given to affix the Common Seal of Council to the Deed of Surrender of leases AE569122 and AE569123 and the two consecutive leases being granted to Telstra Corporation Limited over part of Lot 11 DP 850712.

BACKGROUND

Council has previously granted four consecutive five-year leases over part of Lot 11 DP 850712 being the site of Council’s water reservoir in Reservoir Road, Malua Bay.

Currently two years into the third lease, Telstra Corporation Limited, as a result of an upgrade to their facility, require the lease area to be enlarged and have requested Council consent to the surrender of the current and the further remaining lease and grant two new consecutive leases over the larger area.


FBD14/079 LEASE FOR TELECOMMUNICATIONS FACILITY - MALUA BAY 94.7281.D

CONSIDERATIONS

Legal

Before new leases can be granted it will be necessary for the current lease (AE569122) and the further remaining lease (AE569123) to be surrendered. A Deed of Surrender will need to be entered into by both parties releasing both of their obligations under the existing leases. A Surrender of Lease will be required to be registered at the Land and Property Information Office.

Two new leases with the same terms and conditions as the existing leases can then be granted with the first lease of three years to commence on the date of the surrender of the current lease.

Asset

Amending the lease area from 60m2 to 107.5m2 as shown in the plan below will not interfere with the Council’s water operations nor the Rural Fire Services (RFS) operations on this site.

Financial

The proposed rent and rent reviews are in line with the current and further remaining leases.

The initial rent and rent reviews are set-out in the Confidential Attachment to this report.

CONCLUSION

Surrendering the current leases and granting a further two consecutive leases for the same periods over a larger area will not adversely affect Council’s operations on the site and therefore there is no reason not to accept Telstra’s proposal.


FBD14/080 LEASE FOR NBN FACILITY - MORUYA E14.8412


Attachments: 1. Confidential Attachment - Lease for NBN Facility - Moruya




EXECUTIVE SUMMARY

As part of the roll out of the National Broadband Network (NBN), NBN Co have identified the Optus telecommunications tower on the site of the Moruya water reservoir in Reservoir Road, Moruya as a suitable site to co-locate and have requested four consecutive five-year leases be granted to secure tenure. The provision of an NBN facility within Lot 278 DP 752151, being the site of the Moruya water reservoir, is considered desirable for the general community, providing social and economic benefit without adversely affecting Council’s operations on the site.

Rent has been negotiated subject to Council concurrence.

RECOMMENDATION

THAT:

1. Four consecutive five-year leases over part Lot 278 DP 752151, Reservoir Road, Moruya be granted to NBN Co Limited for an annual rental in accordance with the proposal set out in the Confidential Attachment this report - Lease for NBN Facility – Moruya.

2. All costs associated with the granting of the lease be borne by the applicant.

3. Consent be given to affix the Common Seal of Council to the leases of part Lot 278 DP 752151.

BACKGROUND

As part of the National Broadband Network, NBN Co Limited wish to establish a facility on the site of the Moruya water reservoir in Reservoir Road, Moruya and co-locate on the existing Optus Telecommunications tower.

CONSIDERATIONS

The site of the Moruya water reservoir, Lot 278 DP 752151 is Council owned land classified as operational land. As such there is no legal impediment to granting a lease.

The proposed lease is over an area of approximately 20m2 adjoining the existing lease to Optus. A plan showing the proposed lease area is below.


FBD14/080 LEASE FOR NBN FACILITY - MORUYA E14.8412

Legal

A lease will provide secure tenure for NBN Co to establish their facility on the site. NBN CO is seeking four consecutive four-year leases. This is considered standard for such facilities.

The proposed leases will have similar conditions to existing leases granted other telecommunications operators.

Consent to affix the Common Seal of Council to the leases will be required.

Asset

The NBN Co facility will not adversely impact on Council’s operations on this site.

Social Impact

The provision of the NBN to this area will be beneficial to people requiring access to a fast, dependable broadband network.


The NBN will have positive outcomes for the local business community.

Financial

The proposed rent and rent reviews are set out in the Confidential Attachment to this report.

All costs associated with the granting of the lease should be borne by the applicants.

CONCLUSION

The provision of an NBN facility within Lot 278 DP 752151, being the site of the Moruya water reservoir, is considered desirable for the general community, providing social and economic benefit without adversely affecting Council’s operations on the site.


FBD14/081 LICENCE FOR RURAL FIRE SERVICES RADIO TELECOMMUNICATIONS FACILITY - MT WANDERA

E80.0139


Attachments: 1. Confidential Attachment - Licence for RFS Radio Telecommunications Facility - Mt Wandera



Operational Plan Link: SS3.3.3 Provide building maintenance and construction services, procurement, stores and electrical trade services to support council operations

EXECUTIVE SUMMARY

The Rural Fire Service (RFS) propose a radio telecommunications facility to be co-located on the NSW Police communications tower on Mt Wandera to ensure dependable communication coverage.

Council under its current Service Agreement with the RFS is responsible for providing tenure for RFS facilities and therefore it will be necessary for Council to enter into a licence agreement with NSW Police to co-locate the facility on the Police tower.

Funds are available in the Council’s RFS budget to cover the ongoing rent.

RECOMMENDATION

THAT:

1. The General Manager be given delegated authority to negotiate up to four consecutive five-year licences to co-locate an Rural Fire Service radio telecommunications facility on the NSW Police communications tower on Mt Wandera with rent based on the criteria set out in the Confidential Attachment to Report …Licence for RFS Communications – Mt Wandera.

2. Consent be given to affix the Common Seal of Council to the Licence for Rural Fire Service radio telecommunications on Mt Wandera.

BACKGROUND

Council, under the provisions of the Rural Fire Service (RFS) Agreement entered into with Bega Valley Shire Council and the Commissioner of the NSW Rural Fire Service, is responsible for the provision of communications sites for the RFS.

The RFS wish to establish a site and propose to co-locate on the NSW Police tower situated on Mt Wandera.

The RFS has requested Council enter into a licence agreement with NSW Police to facilitate the proposal.


FBD14/081 LICENCE FOR RURAL FIRE SERVICES RADIO TELECOMMUNICATIONS FACILITY - MT WANDERA

E80.0139

CONSIDERATIONS

Legal

A formal licence agreement will be required to provide legal tenure for the RFS facility on Mt Wandera. To ensure secure tenure it would be preferable to enter into four consecutive five-year licences. This has yet to be negotiated with NSW Police.

Asset

The facility, although used and maintained by RFS will, under the current service agreement, be owned by Council.

Social Impact

Strong and dependable communications are essential for public safety in relation to bush fire.

Financial

The rent and rent reviews offered by the NSW Police, as set out in the Confidential Attachment, are acceptable.

An application fee of $1,036 payable to NSW Police is required.

The costs for the licence will be covered by Council’s RFS recurrent budget.

CONCLUSION

The proposed Rural Fire Service (RFS) radio telecommunications facility located on Mt Wandera is essential to provide dependable communications for the RFS. A licence to secure tenure for the facility will be required.


FBD14/082 LICENCES AT BATEMANS BAY BMX RESERVE E82.6521


Attachments: Nil




EXECUTIVE SUMMARY

The Batemans Bay Lions Club who have previously held a licence to use the BMX club house and associated facilities for club activities at the site of the BMX track in Calga Crescent, Batemans Bay wish to continue occupation.

The Batemans Bay BMX Club has in recent times seen a resurgence in interest and growth of the club. They are now seeking a licence to conduct their activities.

The continued use by the Lions Club in support of their charitable works and the improvements and ongoing maintenance of the BMX track by the BMX Club to provide another recreational venue is considered beneficial to the community as a whole.

Granting licences to both clubs is considered appropriate.

RECOMMENDATION

THAT: 1. In accordance with the Section 47A(2) of the Local Government Act 1993 public notice be

given of Council’s intention to grant a five-year licence to use the club house and associated facilities within Lot 2 DP 729153 Calga Crescent, Batemans Bay to the Lions Club of Batemans Bay Inc. to conduct club activities.

2. In accordance with the Section 47A(2) of the Local Government Act 1993 public notice be given of Council’s intention to grant a five-year licence to use the club house, associated facilities and the BMX track and surrounds within Lot 2 DP 729153 Calga Crescent, Batemans Bay to Batemans Bay BMX Club to conduct club activities.

3. If any submissions are received a report be presented to Council in regard to the respective licence for further consideration.

4. If no objections are received a licence be granted to the Lions Club of Batemans Bay Inc. to use the club house and associated facilities to conduct club activities with conditions including:

(a) An annual fee in the amount $460 plus GST increased annually in line with the CPI.

(b) Maintenance of public liability insurance in the amount of $20 million.

(c) Responsibility in equal shares with other licensees for the repair and maintenance of the club house and associated facilities excepting structural repairs.

(d) Electricity costs to be shared with other licensees.



(e) Club will have exclusive use of club house on certain days (determined in consultation with other licensees).

5. If no objections are received a licence be granted to the Batemans Bay BMX Club to use the club house, associated facilities and the BMX track and surrounds to conduct club activities with conditions including:

(a) An annual fee in the amount $460 plus GST increased annually in line with the CPI.

(b) Maintenance of public liability insurance in the amount of $20 million.

(c) Responsibility in equal shares with other licensees for the repair and maintenance of the club house and associated facilities excepting structural repairs and full responsibility for the repair and maintenance of the BMX track.

(d) Electricity costs to be shared with other licensees.

(e) No fixed structures to be constructed without the consent of Council.

(f) No signage, including sponsor’s signage, without the consent of Council.

(g) Club will have exclusive use of club house on certain days (determined in consultation with other licensees).

BACKGROUND

The Batemans Bay BMX track is located within Lot 2 DP 729153, Council owned land on the corner of George Bass Drive and Calga Crescent. The Batemans Bay Lions Club previously held a licence to conduct club activities together with the promotion of BMX activities. The sport waned over the years but the Club still uses the club house and toilets and wish to continue.

The Batemans Bay BMX Club has in recent times seen a resurgence in interest and growth of the club. They are now seeking a licence to conduct their activities.



CONSIDERATIONS

A plan showing the BMX facilities is below.

Legal

To provide secure legal tenure the most appropriate means is to grant a licence to both clubs.

Lot 2 is classified as community land and in accordance with the provisions of the Local Government Act, public notice of the intention of Council to grant a licence has to be given.

Asset

As in the previous licence the Lions Club has advised they are prepared to repair and maintain the building at their cost. It is considered reasonable for both parties to share all costs associated with the buildings including electricity.

The repair and maintenance of the track and the immediate surrounds will be the responsibility of the BMX Club.

Social Impact

The provision of a meeting room will aid the Lions charitable work in the area.

The resurgence of the BMX Club and the ongoing maintenance and improvements to the track will be a boon to the club members and another recreational venue for the local youth.


We will consult with the community by seeking feedback through a 28 day Public Exhibition where the proposed licences will be notified in the local press and on Council’s website as well as direct mail to adjoining landowners.



Financial

Given the clubs will be responsible for repair and maintenance of the licensed facilities, Council’s minimum licence fee in line with the Crown Lands statutory minimum, currently $458 plus GST, should apply.

CONCLUSION

The revitalization of the BMX track will provide an additional recreational facility for the local youth and the assistance to the Lions Club is important in supporting their charitable works.

Granting a licence to both clubs is considered appropriate.


FBD14/083 AUDIT COMMITTEE - TERMS OF REFERENCE E05.9354


Attachments: 1. Audit Committee Terms of Reference


Delivery Program Link: SS1.2 Maintain a sound governance framework within which Council operates

Operational Plan Link: SS1.2.2 Ensure transparency in council dealings

EXECUTIVE SUMMARY

The current Terms of Reference of the Audit Committee do not outline the procedures for the nomination and appointment of independent external members. This report is presented to Council to seek approval for the inclusion of procedures in the current Audit Committee Terms of Reference.

RECOMMENDATION

THAT Council endorse the inclusion of the procedures for the nomination and appointment of independent external members in the Audit Committee Terms of Reference as outlined in this report.

BACKGROUND

Due to the recent resignation of an independent Audit Committee (the Committee) member, the Committee took steps to find a replacement member.

The Terms of Reference do not indicate what steps are required when appointing a new member of the Committee.

It was agreed at the Audit Committee Meeting of 28 October 2014 that management would advertise the vacant position and review and summarise all applications received. The Committee was then advised of the applications and agreed with the selection recommendation.

A further report is presented to this meeting seeking Council endorsement of the preferred applicant.

It was also agreed at the Audit Committee Meeting of 28 October 2014 that a report be presented to Council requesting the procedure for filling a vacant position on the Audit Committee be included in the Terms of Reference.

CONSIDERATIONS

To assist with the replacement of Audit Committee members in the future, the Terms of Reference should indicate the steps required to fill any vacated positions. The Terms of Reference to state:

Nomination and appointment of independent external members


FBD14/083 AUDIT COMMITTEE - TERMS OF REFERENCE E05.9354

Council management will coordinate the advertisement and assessment of the nominations. Management will present to the Audit Committee the individual/s for Audit Committee consideration and endorsement. Management will prepare a report for Council consideration with Audit Committee comments.

CONCLUSION

It is a requirement of the Audit Committee under the Office of Local Government’s Internal Audit Guidelines, to report to Council any changes to their Terms of Reference. This report seeks Council endorsement to include procedures for the Audit Committee to follow when replacing an independent Audit Committee member in the current Terms of Reference.

A copy of the draft updated Terms of Reference is attached to this report.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 9 DECEMBER 2014 FBD14/083 AUDIT COMMITTEE - TERMS OF REFERENCE ATTACHMENT 1 AUDIT COMMITTEE TERMS OF REFERENCE

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FBD14/084 APPOINTMENT OF INDEPENDENT MEMBER - AUDIT COMMITTEE E05.9354


Attachments: 1. Confidential Attachment - Independent Audit Committee Member Applications


Delivery Program Link: SS1.2 Maintain a sound governance framework within which Council operates

Operational Plan Link: SS1.2.2 Ensure transparency in council dealings

EXECUTIVE SUMMARY

This report seeks Council’s endorsement of the Audit Committee’s recommendation for the appointment of an independent member to replace Andrew Topp, who resigned recently from the Audit Committee.

RECOMMENDATION

THAT

1. Council appoint the preferred applicant, as identified in the confidential attachment to this report as Applicant 1, as an independent member of the Audit Committee in accordance with Council’s adopted Audit Committee Terms of Reference and the Division of Local Government’s Internal Audit Guidelines.

2. A letter of invitation from the General Manager, be forwarded to the successful applicant inviting them to join the Audit Committee as an independent member.

3. A letter from the General Manager be forwarded to Mr Andrew Topp thanking him for the commitment and contribution he gave to the Audit Committee during his term.

BACKGROUND

The Audit Committee is an advisory committee to Council and the General Manager, and has no executive powers unless such powers are delegated to it by the Council.

The Eurobodalla Shire Council Audit Committee Terms of Reference allow for three independent members on the committee as per minute FS13/19 of 12 March 2013 which states:

THAT as a matter of urgency:

1. Eurobodalla Shire Council Audit Committee Terms of Reference be amended to allow for three independent members;

Mr Andrew Topp, one of the independent members, recently resigned from the Audit Committee. An advertisement was placed in the local newspapers and on Council’s website inviting interested members of the community to apply for the vacant position. A copy of the


FBD14/084 APPOINTMENT OF INDEPENDENT MEMBER - AUDIT COMMITTEE E05.9354

Audit Committee Terms of Reference was supplied to those who expressed an interest in the vacant position.

The members of the Audit Committee, taken collectively, should have a broad range of skills and experience relevant to the operations of Eurobodalla Shire Council. Some of the roles and responsibilities of the Audit Committee members relate to reviewing risk management, control framework, external accountability and legislative compliance and preference is given to a person with local interests and a strong background in areas of administration, corporate or public sector governance, finance audit legal, project management or management generally.

CONSIDERATIONS

At the Audit Committee meeting held on 28 October 2014 the Audit Committee agreed to make a recommendation to Council on the applications for the vacant position once they had reviewed them.

Three applications for the vacant position were received. All voting members of the Audit Committee have reviewed the applications and agreed on the recommendation. A summary on the applications received is available in the confidential attachment to this report.


We informed the community through providing information on Council’s website and advertising on Council’s noticeboard page in two local newspapers.

Financial

The position was advertised as suiting a person wishing to be involved in community or public service duties on a substantially voluntary basis with any reasonable and actual expenses paid by Council.

CONCLUSION

Three applications for the position of Independent Member of the Audit Committee were received. Applicant 1, as noted in the confidential attachment to this report, is recommended by the Audit Committee to be invited to fill the position on the Audit Committee made vacant by the recent resignation of one of the Independent Audit Committee members. .


FBD14/085 BUSINESS DEVELOPMENT STRATEGIC PLAN 2014-18 E88.0056


Attachments: 1. Under Separate Cover - Business Development Strategy

2. Summary of public comments




EXECUTIVE SUMMARY

The draft Business Development Strategic Plan was publicly exhibited in accordance with the Council resolution and 10 submissions were received. The Strategic Plan has been amended in consideration of these submissions.

RECOMMENDATION

THAT Council adopts the Business Development Strategic Plan 2014-18 as attached.

BACKGROUND

A draft Business Development Strategic Plan was presented to the Council meeting of 26 August 2014 which set out the direction of Council’s Business Development activities over the period 2014-18. At that meeting Council resolved that:

1. The draft Business Development Strategic Plan be placed on exhibition for a period of 28 days

2. A further report be prepared to adopt the final Business Development Strategic Plan following community consultation

Ten submissions were received as part of the public exhibition process with additional comments made by the Tourism Advisory Committee.

A summary sheet of the comments is attached to this report and full comments were provided to Councillors on 27 November.

Many of the comments were of tactical rather than strategic nature so inclusion in the Strategic Plan has been at a high level and they are being considered and prioritised as part of the Business Development Division’s Action Plan.

Seven of the comments related to establishing a local renewable energy sector. This is now mentioned in the Strategic Plan as one potential future strategic focus – investigations have commenced into the viability of this strategy. Other changes to the Strategic Plan as a result of public comments include:

- The introduction now includes additional commentary about local success stories.

- The prominence of tourism in this plan has been increased as have the direct references to the Tourism Destination Management Plan.


FBD14/085 BUSINESS DEVELOPMENT STRATEGIC PLAN 2014-18 E88.0056

- Some potential new target sectors have been included in s11.2 but they have not been included as priorities for now due to the lack of resources to pursue them or confirm them as being sectors we should target. Their mention in the plan will however assist businesses in those areas applying for government grants.

The revised Business Development Strategic Plan 2014-18 is attached.

CONSIDERATIONS

Policy

The Strategic Plan has been developed in the context of the Community Strategic Plan ‘One Community’ and specifically looks at Focus Area 3 ‘Productive Communities’.

To become a whole of Council document, this strategy will be integrated with the strategies, plans and adopted policies and processes of Council and become a whole of Council responsibility.

The link with other Council’s strategies has been strengthened following the period of public consultation.

Social Impact

The Strategic Plan will play a role in addressing the social impact of an ageing population and the effects of seasonal employment factors.


The Gross Regional Product of the Eurobodalla economy is estimated at $1.23 billion a year with around 3,000 businesses and a workforce of 13,543 in 2011.

Council has a role to play in assisting growth in the economy and employment in the region.

Communication/Consultation

The Strategic Plan was placed on public exhibition at the Batemans Bay, Moruya and Narooma libraries and Moruya customer service centre for a period of 28 days. A media release was issued as well as promotion through Council’s other communication channels and direct promotion to Chambers of Commerce. It was also presented to the Tourism Advisory Committee.

The Business Advisory Committee has been consulted on four separate occasions and has also been presented the more detailed action plan that sits under the Strategic Plan. They will continue to receive reports on progress against the Strategic Plan.

Financial

This four year Strategic Plan has been developed within the context of existing budgets to ensure resources are allocated to deliver the best economic outcomes.

CONCLUSION

It is recommended that Council adopts the Business Development Strategic Plan 2014-18

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 9 DECEMBER 2014 FBD14/085 BUSINESS DEVELOPMENT STRATEGIC PLAN 2014-18 ATTACHMENT 1 SUMMARY OF PUBLIC COMMENTS

Page 112

Business Development Strategy

Comments Received

Name Nature of comments

1 Education linkages important, possible renewable energy, possible targeting of Aged care / health sector and a broad range of other general comments

2 Health & Wellness sector inclusion as priority action with suggestions as to how this might be achieved

3 Sound strategy More targets / measures and improvements to available data recommended Wants chambers of commerce more involved in capacity building

4 Importance of NBN to establish a ‘live locally, work in the city’ workforce

5 Supportive of the focus on the food sector Encourage local energy production including renewables. Would save costs and increase local employment.

6 Establish a renewable energy industry / project / hub. It’s a growth area, possible TAFE / UOW partnerships. The clean energy target is expected to drive $19 billion of investment.

7 Establish a renewable energy industry / project / hub. Quotes NSW Renewable Energy Action Plan, mentions economic benefits of Nyngan and Broken Hill projects

8 Establish a renewable energy industry sector. Existing NSW projects deliver $76million to local contractors and $66 million spent on local materials. Climate Institute indicates this is a growth area.

9 Create local jobs through encouraging people to switch from non-local coal to locally made / installed renewables

10 Initiatives to attract renewable energy businesses. Would help address seasonality and could collaborate with local education providers

Tourism Advisory Committee

Health & Wellness sector More tourism focus in Plan Mention list of potential sectors to assist in grant applications More positivity

DELEGATE REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 DECEMBER 2014 Page 113

DR14/004 2014 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS E91.3255

Responsible Officer: Rob Pollock - Councillor

Attachments: Nil


Delivery Program Link: P2.1 Undertake advocacy activities to further the development of transport infrastructure and support future growth

Operational Plan Link: P2.1.1 Advocate for improved infrastructure and increased levels of funding

EXECUTIVE SUMMARY

Councillor Rob Pollock and Council’s Director Infrastructure Services attended the 15th National Local Roads and Transport Congress from 12-14 November 2014 in Tamworth, NSW. This report highlights the outcomes from the Congress.

RECOMMENDATION

THAT Councillor Pollock’s report on the 2014 National Local Roads and Transport Congress Delegate’s Report be received and noted.

BACKGROUND

Australian Local Government President Mayor Troy Pickard, firstly acknowledged and thanked his predecessor Dr Felicity-Ann Lewis, for her outstanding service. He advised that she worked tirelessly for ALGA in what was a very challenging time – that of leading the campaign for Constitutional Recognition.

The President then welcomed the delegates to the Congress and outlined the program.

Conference Speakers

The following key speakers presented at the Congress:

Deputy Prime Minister, the Hon Warren Truss MP.

The Hon John Anderson AO.

Jack Short, former Secretary General of the International Transport Forum – Transport Reform, the European Story.

Sal Petrocciktto, CEO NHVR – NHVR Working with Local Government (presentation attached).

Jeff Roorda and Associates for the Australian Local Government Association – National State of the Assets 2014 Local Roads Infrastructure Report (presentation attached).

Chris Champion CEO – Institute of Public Works Engineering Australasia – Asset Management.



President’s Closing Address

The President advised that in his opening address he wanted to achieve four things and he believed that the following objectives had been met:

To provide Councils with the information needed to understand the national transport agenda in the lead-up to the next Federal election.

To facilitate dialogue on the relevant issues and to determine what we need to maximize local government’s role in transport reforms.

To report on the update of the National State of the Local Road Assets Report.

To start forming up our 2016 Federal election strategy and commencing the work required to build our case for continued federal support.

Local Government faces five key challenges in our relationship with the Federal Government in the next two years:

1. Securing our place in the Federation by maintaining the direct funding relationship between local government and the Commonwealth.

2. Growing the funding pie.

3. Restoring indexation for, and improving the level of Federal Assistance Grants Scheme.

4. Achieving permanency for Roads to Recovery beyond the budget cycle.

5. Improving the capacity of the sector to manage our assets and ensure that they are fit for purpose.

We need to support of all Councils in progressing these issues.

Following the Congress press released were released by ALGA (copies attached).

CONSIDERATIONS

Asset

Many Councils have identified a significant backlog in infrastructure works and are pursuing part funding through special rate variation proposals. Eurobodalla is no different in this respect.

Nevertheless, it is essential that Councils work with the NSW Roads & Transport Directorate, Local Government NSW and Australian Local Government Association to continue to advocate for a more sustainable funding model for our local communities.

Social Impact

Roads and transport are critical to the social well-being and safety of our community.


Road upgrades are needed to open up our road networks to more efficient forms of transport. Council is strongly advocating for upgrades to the Princes and Kings Highway, including necessary works to allow B-doubles to access to Eurobodalla. The positive side of this is the potential improve the efficiency of transport and reduce the price of goods locally.



This will however place pressure on Council to fund upgrades to bridge and roads to support higher productivity vehicles. Our perspective is higher levels of government need to assist Council through provision of funding for the necessary infrastructure upgrades. The Australian Government has provided some funding, including $300m over five years for bridge upgrades (Australia wide). Council will continue to seek funding from the available sources.

Professor Doug Baker paid tribute to Councillor Danielle Brice of Eurobodalla Shire Council openly at the Congress, noting that her persistence had led to him to visiting Moruya Airport. As a consequence, research funding has been secured to look at the economic value airports play, particularly in regional areas. Moruya Airport has been chosen as one of only six airports to be included in this important research, and I congratulate Councillor Brice for pursuing this matter so determinedly.

CONCLUSION

The National Roads Congress provides a critical collaboration for Local Government to develop a plan to advocate for a better deal from NSW and Australian Governments on behalf of our communities.

Whilst in Tamworth we also undertook separate tours of:

1. Tamworth Airport – we were advised that this airport handles about 160,000 passengers per annum with a single carrier

2. Tamworth Equine Centre - I would encourage my fellow Councillors to visit this impressive centre. Although much larger than the one under consideration at Moruya Racecourse, there is much to be learnt by seeing such a centre on the ground.

ORDINARY COUNCIL MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 9 DECEMBER 2014 Page 116

19. DEALING WITH MATTERS IN CLOSED SESSION

In accordance with Section 10A(2) of the Local Government Act 1993, Council can exclude members of the public from the meeting and go into Closed Session to consider confidential matters, if those matters involve:

(a) personnel matters concerning particular individuals; or (b) the personal hardship of any resident or ratepayer; or (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business; or (d) commercial information of a confidential nature that would, if disclosed; (i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret, (e) information that would, if disclosed, prejudice the maintenance of law; or (f) matters affecting the security of the council, councillors, council staff or council

property; or (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or information concerning the nature and location of a place; or

(h) an item of Aboriginal significance on community land.

and Council considers that discussion of the material in open session would be contrary to the public interest.

In accordance with Section 10A(4) of the Local Government Act 1993 the Chairperson will invite members of the public to make verbal representations to the Council on whether the meeting should be closed to consider confidential matters.

Nil


EUROBODALLA SHIRE COUNCIL

ETHICAL DECISION MAKING AND

CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS

AND COMMUNITY COMMITTEES

ETHICAL DECISION MAKING

Is the decision or conduct legal?

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

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

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

CONFLICT OF INTEREST

A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Department of Local Government; and Non-Pecuniary – regulated by Codes of Conduct and policy, ICAC, Ombudsman, Department of Local Government (advice only).

THE TEST FOR CONFLICT OF INTEREST

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

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

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

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

IDENTIFYING PROBLEMS

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

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

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


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

AGENCY ADVICE

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes.

CONTACT PHONE EMAIL WEBSITE


Public Officer 4474-1000 [email protected] www.esc.nsw.gov.au

ICAC 8281 5999 [email protected] www.icac.nsw.gov.au

Local Government Department 4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman 8286 1000

Toll Free 1800 451 524 [email protected] www.ombo.nsw.gov.au

Reports to Committee are presented generally by ‘exception’ - that is, only those items that do not comply with legislation or policy, or are the subject of objection, are discussed in a report.

Reports address areas of business risk to assist decision making. Those areas include legal, policy, environment, asset, economic, strategic and financial.

Reports may also include key planning or assessment phrases such as:

Setback Council’s planning controls establish preferred standards of setback (eg 7.5m front; 1m side and rear);

Envelope taking into account the slope of a lot, defines the width and height of a building with preferred standard of 8.5m high;

Footprint the percentage of a lot taken up by a building on a site plan.

Acronym Meaning Description

ACR Australian Capital Region

The political and strategic grouping of the ACT government and 17 adjacent councils.

AEP Annual Exceedance Probability

For floods expressed as a % eg 1% = 1:100 year event. The NSW Flood Guidelines nominate types of development and controls.

AHD Australian Height Datum

Floor levels for buildings set to remain at or above flood level (expressed as 'freeboard').

APZ Asset Protection Zone Area to be cleared and maintained around habitable buildings in bushfire prone areas.

AS Australian Standard Standards set by national body as minimum construction, service, system, planning or design requirements.



BCA Building Code of Australia

Prescribes minimum standards or performance base for building construction.

CAMP Companion Animal Management Plan

Required by state law, plan nominating management of dogs and cats and areas for access for the exercise of dogs (eg beaches and reserves).

CC Construction Certificate

Floor plans approved by council or private certifier in compliance with development conditions and BCA.

COPW Condition of Public Works Report

Required by state law to define the condition of infrastructure assets, the cost to upgrade to defined standards, the current costs of maintenance and desired levels of maintenance.

CP Cultural Plan A cultural plan enables identification of cultural assets, identity and needs as well as providing a framework to develop cultural initiatives to increase opportunities for residents.

CSR Complaint and Service Request

Requests received from public by phone, letter, email or Councillor to attend to certain works (eg pothole) or complain of certain service or offence (eg dogs barking).

DA Development Application

Required by state law to assess suitability and impacts of a proposed development.

DAP Disability Action Plan Council plan outlining proposed works and services to upgrade facilities to progressively meet Disability Discrimination Act.

DCP Development Control Plan

Local planning policy defining the characteristics sought in residential, commercial land.

DECCW Department of Environment, Climate Change and Water (formerly EPA, NPWS, DEC)

State agencies (former Environment Protection and National Parks), DNR managing state lands and natural resources and regulating council activity or advising on development applications.

DWE Department of Water and Energy

State agency managing funding and approvals for town and country water and sewer services and State energy requirements.

DoP Department of Planning

State agency managing state lands and regulating council activity or advising on development applications or strategic planning.

DLG Department of Local Government

State agency responsible for regulating local government.

DoL Department of Lands State agency managing state lands and advising on development applications or crown land management.

DoC Department of Commerce

State agency (formerly Public Works) managing state public water, sewer and buildings infrastructure and advising/supervising on council infrastructure construction.



DoH Department of Health State agency responsible for oversight of health care (community and hospital) programs. Also responsible for public warning of reportable health risks.

DOTAR Department of Infrastructure, Transport and Regional Development and Local Government

Federal agency incorporating infrastructure, transport system, and assisting regions and local government.

EBP Eurobodalla Bike Plan Strategic Plan identifying priorities and localities for cycleways in the Shire.

EIS Environmental Impact Statement

Required for designated and state developments researching and recommending solutions to social, economic and environmental impacts.

EMP Estuary Management Plan

Community based plan, following scientific research of hydrology and hydraulics, recommending actions to preserve or enhance social, economic and environmental attributes of estuary

EMS Environmental Management System

Plans prepared by council (such as waste management and strategic planning) around AS14000.

EOI Expressions of Interest

Often called in advance of selecting tenders to ascertain capacity and cost of private sector performing tasks or projects on behalf of council.

EP&A Environment Planning & Assessment Act

State law defining types of development on private and public lands, the assessment criteria and consent authorities.

ESC Eurobodalla Shire Council

ESD Ecologically Sustainable Development

Global initiative recommending balance of social, economic and environmental values in accord with 7 ESD principles.

ESS Eurobodalla Settlement Strategy

Council strategy prepared with assistance of government to identify best uses and re-uses of urban lands, the appropriate siting of private and public investment (eg institutions, employment areas or high density residential) based on current and planned infrastructure and land capacity.

ET Equivalent Tenement Basis of calculation of demand or impact of a single dwelling on water and sewer system.

FAG Financial Assistance Grant

Federal general purpose grant direct to local government based on population and other 'disability' factors.



FSR Floor Space Ratio A measure of bulk and scale, it is a calculation of the extent a building floor area takes up of an allotment.

GIS Geographic Information System

Computer generated spatial mapping of land and attributes such as infrastructure, slope, zoning.

IPART Independent Pricing & Regulatory Tribunal

State body that reviews statutory or government business regulatory frameworks and pricing levels.

IPWEA Institute Public Works Engineers Australia

Professional association.

IWCMS Integrated Water Cycle Management Strategy (or Plan)

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation to water, sewer and stormwater systems.

IWMS Integrated Waste Management (Minimisation) Strategy

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation of waste (solids, effluent, contaminated, liquid trade waste).

LEP Local Environment Plan

The statutory planning instrument defining the zones and objectives of urban and rural areas.

LGAct Local Government Act State law defining the role of Mayor, Councillors, staff, financing, approvals etc.

LGMA Local Government Managers Australia


LGNSW Local Government NSW

Representative advisory and advocacy group for councils in NSW.

MOU Memorandum of Understanding

Agreement in principle between parties (eg council and agency) to achieve defined outcomes.

NPWS National Parks & Wildlife Service

Now merged into DECCW.

NRM Natural Resource Management

NVC Native Vegetation Act 2003

State law defining means of protection of threatened legislation and approval processes to clear land.

OC Occupation Certificate Issued by council or private certifier that building is safe to occupy and in compliance with development conditions and BCA.

OSMS On site sewage management system

Includes septic tanks, aerated systems, biocycles etc.

PCA Principal Certifying Authority

The person or organisation appointed by applicant to inspect and certify structures.



PIA Planning Institute of Australia


POEO Protection of the Environment Operations Act

State law outlining standards for emissions and discharges and penalties for pollution.

PoM Plan of Management (usually for community land)

Council plan nominating type of uses for community land and range of facilities progressively to be provided on land.

PPP Public Private Partnerships

PTS Public Transport Strategy

Council strategy to initiate mechanisms to promote and facilitate public transport (bus, taxi, community transport, cycles) in design of subdivisions, developments and council works.

REF Review of Environmental Factors

Council examination of risk and social, economic and environmental benefit of proposed works, assessed against state planning, environment and safety laws.

REP Regional Environment Planning Policy

Outlines compulsory state planning objectives to be observed in development assessment and strategic planning.

RFS Rural Fire Service State agency responsible for providing equipment and training for volunteer firefighter brigades, and the assessment and approval of developments in bushfire prone lands.

RLF Regional Leaders Forum

The group of mayors and general managers representing the councils in the ACR.

RMS Roads & Maritime Service

State agency responsible for funding, construction and maintenance of state roads, the approval of council works on arterial roads and development applications.

S64 S64 Contributions Plan

Developer contributions plan to enable, with council and state funds, the augmentation of water, sewer and stormwater infrastructure.

S94

S94A

S94 Contributions Plan

S94A Contributions Plan Levy Plan

Developer contributions to enable construction of public infrastructure and facilities such as roads, reserves, carparks, amenities etc.

SCG Southern Councils Group

Political and strategic grouping of councils along the NSW south coast from Wollongong to the border, lobbying government for assistance (eg highways) and resourcing sharing initiatives.

SCRS South Coast Regional Strategy

Regional Strategy prepared by DoP for ESC, BVSC and part SCC to guide new LEPs.



SEA Strategic Environment Assessment

Spatial assessment of environmental constraints of land considered in design and assessment of subdivision and infrastructure.

Scientific research behind assessment of capacity of land and waterways in rural residential and urban expansion lands to sustain human settlement.

SEPP State Environmental Planning Policy

Outlines compulsory state planning objectives.

SNSWLHD Southern NSW Local Health Districts

State board commissioned with oversight of health care in Highlands, Monaro and Far South Coast.

SoER State of the Environment Report

Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social, economic and environmental features of the Shire and appropriate responses to address or preserve those issues.

SP Social Plan Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social framework of the community, their services and facilities and economic interactions.

…….SP Structure Plan Plan promoting landuses and siting of infrastructure and facilities in towns (eg, BBSP – Batemans Bay Structure Plan).

SRCMA Southern Rivers Catchment Management Authority

State agency commissioned with assessment and monitoring of health and qualities of catchments from Wollongong to the border, and determine directions and priorities for public and private investment or assistance with grants.

STP Sewer Treatment Plant

Primary, secondary and part tertiary treatment of sewage collected from sewers before discharge into EPA approved water ways or irrigation onto land.

TAMS Total Asset Management System

Computer aided system recording condition and maintenance profiles of infrastructure and building assets.

TBL Triple Bottom Line Commercial term coined to encourage business to consider and disclose social and environmental risk, benefit and costs in the conduct of business to guide investors as to the long term sustainability and ethics of a business. Taken up by Council to record the basis of prioritisation, the review of condition, the monitor of progress and the financial disclosure of preventative or maintenance investment in council based social and environmental activities.

ToR Terms of Reference

TSC Threatened Species Conservation Act 1995

State law governing the protection of nominated species and relevant assessment and development controls.



WCF Water Cycle Fund Combination of water, sewer and stormwater activities and their financing arrangements.

WSUD Water Sensitive Urban Design

Principle behind the IWCMS and council development codes requiring new developments to reduce demand and waste on water resources through contemporary subdivision and building design.

agenda - attachments included2014/12/09 · writes a letter to the hon. andrew onstance, mp...

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