Agenda of Council - 1 May 2013

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS AND COMMUNITY COMMITTEES

Ethical decision making

Is the decision or conduct legal?

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

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

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

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

Pecuniary – regulated by the Local Government Act and Department of Local Government

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

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

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

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

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

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

Council 1 May 2013

AGENDA

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 10 April 2013 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

Recommendation

That an apology from Cr Britten be accepted for his inability to attend the meeting.

3 Declarations

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

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

RECOMMENDATION

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

8 Staff Reports – Planning and Environment (Sustainability)

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

Nil Reports

9 Staff Reports – Community and Relationships (Liveability)

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

9.1 Reforming Public Library Funding.................................................................. 10

9.2 Review of vacation care program................................................................... 18

10 Staff Reports – Economic (Enterprising)

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

Nil Reports

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1 Bega Valley Local Traffic Committee Meeting 3 April 2013............................... 30

11.2 Tender 10/13 Vegetation and Timber Waste Processing................................... 32

12 Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1 Certificate of Investments made under Section 625 of the Local Government Act 1993 36

12.2 Public Exhibition - Fees and Charges 2013 - 2014........................................... 40

12.3 Exhibition of response papers - social issues and cultural settings................ 42 .

13 Adoption of Reports from Standing Committees

RECOMMENDATION

That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.

14 Delegates Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

19 Questions for the Next Meeting

20.. Confidential Business

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 1 May 2013 Item 9.1

9.1. Reforming Public Library Funding

Council has been requested to support a Public Libraries NSW submission on the reform Public Library Funding requesting increased funding in the NSW State budget for public libraries.

Group Manager Community & Relationships

Background

Council’s library service is funded via a number of sources including fees and specific grants, general rates, a special variation, funding from the University of Wollongong and minor recurrent funding from the NSW government. Council has also been successful in achieving Library Development Grants for Eden, Bermagui, Merimbula and Bega Libraries over the past 6 years.

Since 2010, NSW government funding for public libraries has continued to diminish. If no action is taken it may be that in future budgets there will be no general library development grants and subsequent impact on the recurrent subsidy funds.

A new, evidence-based funding model has been developed for public libraries. It aims to increase recurrent public library funding to Councils from $26.5m to $30m per annum and will benefit Bega Valley Shire libraries by:

· Increasing the per capita allocation to recognise cost increases since 1994

· Addressing disadvantage (by applying appropriate disability factors)

· Phasing out anomalies due to former council amalgamations

· Ensuring funding sustainability, and

· Building and maintaining infrastructure via a new capital fund.

Public Libraries NSW (of which Bega Valley Shire Council is a member) have requested that member Councils resolve to support a funding reform proposal prepared by Public Libraries NSW, NSW Metropolitan Libraries Association and the State Library of NSW and endorsed by the Library Council of NSW. A copy of the letter from the Chairman and the proposal are attached.

The Bega Valley Library Service has approximately 21,000 members and services the community through branches, the mobile service, Books in Flight and the Home Library service. The partnership with the University of Wollongong and other educational institutions provides services to students across all age groups. The service is one of the best utilised and highly considered by the community as evidenced in the recent community survey. Issues for Council will continue to be how to develop and grow the service within tight budget constraints. The need to grow the NSW recurrent grant is critical.

ISSUES

Legal

Under the terms of the Library Act 1939 and the Library Regulation 2010, the State Library of NSW administers funding to NSW public libraries, on an annual basis. The Library Act 1939 sets out that the Library Council of NSW advises the Minster for the Arts on matters of public library policy and administration and the provision of assistance to local libraries. The NSW State Government currently provides $26.5M annually to local government in support of public libraries.

Social

The sustained growth in demand from the people of NSW demonstrates the need for library services and has placed pressures on local governments which are endeavouring to meet the demand. 3.3 million people in NSW are library members, loans of books have increased to 50 million per annum and Internet usage has grown to 2.7 million hours in 2010/11. Public libraries are a key resource for community well-being and the delivery of government services.

It is critical that government funding not be reduced and that in fact it should be increased.

“Libraries can play an important role for older and younger residents, and as hubs of community learning.” (BVSC Community Strategic Plan, p 43)

The new funding model addresses disadvantage transparently by applying appropriate disability factors. This should attract the support of local State member, the Hon Andrew Constance MP, who is Minister for Disability Services.

Asset

The Library Development Grants are key to continuing to ensure that library services are able to support education and community activities in local areas. Funding to Bega Valley Shire Council over the past has been received for the internal work and furniture at Merimbula and Bermagui, works in Eden, and the new RFID self scanning project established in Bega in December 2012.

The new funding model includes a Building Library Infrastructure Program of $30m over 4 years (rather than grants provision) for building and maintaining infrastructure. This is to be used for the renewal of library buildings, systems, collections and equipment and will dovetail with the Council’s Long-Term Financial Plan’s focus on renewal of community assets.

Additionally:

“Council acknowledges much of the infrastructure facilities (assets) under its care and control was constructed through Federal and State Government funding or community fundraising. Council recognises the standards envisaged for those assets have changed over time and Council’s ability to maintain and replace those assets to those standards has declined. To narrow the gap between the standards to which assets should be maintained and the ability of Council to finance maintenance of those standards additional effort will be put into identifying increased funding to direct to asset maintenance as a priority.”

(BVSC Community Strategic Plan, p 40)

Financial

The current public library funding in NSW is $26.5 million. The current financial recurrent support for the Bega Valley Library Service from the NSW government is $105,888 as outlined below.

Subsidy / Disability and Geographic Adjustment 2012/13
Council	Population for 2012/13 (ABS June 2011)	Prescribed per capita amount of $1.85	Disability and Geographic Adjustment	Total
Albury City	51,359	$ 95,014	$ 41,658	$ 136,672
Armidale Dumaresq	26,005	$ 48,109	$ 39,507	$ 87,616
Ashfield	43,152	$ 79,831	$ 34,513	$ 114,344
Auburn	80,352	$ 148,651	$ 61,948	$ 210,599
Ballina	42,922	$ 79,406	$ 36,206	$ 115,611
Balranald	2,438	$ 4,510	$ 15,122	$ 19,632
Bankstown City	191,460	$ 354,201	$ 116,423	$ 470,624
Bathurst Regional	40,187	$ 74,346	$ 45,813	$ 120,159
Bega Valley	34,035	$ 62,965	$ 42,923	$ 105,888
Bellingen Shire	13,490	$ 24,957	$ 26,180	$ 51,137
Berrigan	8,618	$ 15,943	$ 23,367	$ 39,310

The Library Council recommendation is that this amount be adjusted to $30 million from 2013/14 and indexed from the following year - 68% of this would be allocated to councils by population; 17% by the NSW Local Government Grants Commission disability factors to explicitly address disadvantage and 15% be applied to Statewide Programs.

In addition it is proposed that a $30 million Building Library Infrastructure Program for building and infrastructure be established to replace the provision of grants from operating funds.

Conclusion

Sustainable continuation of high-quality library facilities is a key community service contributing to the wellbeing and quality of life of Bega Valley Shire residents. The Bega Valley can only benefit from the adoption of the proposed public library funding reforms.

The motion proposed by the Public Libraries New South Wales and its partner organisations is contained in the recommendation. The full letter and “Reforming Public Library Funding” summary is attached.

ATTACHMENTS

1 View. Reforming public library funding

Recommendation

1. That the Bega Valley Shire Council joins other Councils throughout NSW in lobbying the NSW State Government to adopt the revised funding model for public libraries as outlined in the document Reforming Public Library Funding.

2. That Council write to the Minister for the Arts, the Hon George Souris MP, through the Hon Andrew Constance, Member for Bega, calling upon the Government to implement the submission of the Library Council of NSW for the reform of the funding system for NSW public libraries proposal.

Council 1 May 2013 Item 9.2

9.2. Review of vacation care program

The National Legislation covering vacation care changed in 2012. Council has reviewed compliance and identified issues in relation to the Bega Vacation Care program which require changes to the program.

Group Manager Community & Relationships

Background

Bega Valley Shire Council is the legal Approved Provider for two out of school hours programs for children aged 6 – 12 years. Families using these services contribute to the economic and social sustainability of the Bega Community through work, study and volunteering.

Until 2005 BVSC Bandara Children’s Services provided 10 After School and 10 Vacation Care programs from its site in Bega. Increased demand for Vacation Care places prompted the program to be moved to Bega West Public School and expanded to 30 places. The After School program continued to operate 10 places from Bandara Children’s Services. Families using both these school age programs pay fees and are eligible for Commonwealth Child Care Benefit subsidies.

In 2012, National Children’s Services Law, Regulation and Quality Standards were introduced across Australia. For the first time in NSW, Out of School Hours programs became regulated. The introduction of National Law coincided with the closure of Bega West Public School and a transfer of the Vacation Care program to Bega Valley Public School. The After School and Vacation Care programs and their venues are now required to comply with the Law for certification of premises and staff, participation in quality processes, compliance, inspection and audit assessments of programs, children’s health and safety, physical environment, leadership and management, and records.

As a result there have been changes to key aspects of all school age program operations. These changes are significant for BVSC’s legal role and obligations as Approved Provider of the services. The Approved Provider is liable for sanctions, fines and penalties for breaches of the new legislation. The legal requirements include greater responsibility for risk control and management, duplicated external compliance, reporting and accountability procedures, and higher qualifications for program staff. These changes have resulted in increased operating costs.

There has been limited impact from changes for After School care programs because they operate from an existing BVSC site at Bandara Children’s Services where staff and reporting requirements can be shared. There are also effective environmental risk management strategies in place at Bandara which comply with Law and BVSC’s workplace health and safety policy and procedures.

However, the school site presents increased exposure to legal, health and safety risks and financial penalties for BVSC as Approved Provider of the Vacation Care program. These risks are largely connected to operating the Vacation Care program from a site not under BVSC’s care and control. An injection of funds from BVSC would be needed to continue to operate an affordable program from the Bega Valley Public School site. These funds would be used to employ additional qualified staff to minimise some of the environmental risks, and to manage the duplicated operational requirement including compliance and reporting tasks. The program would also need to recruit a qualified and certified educator for the statutory position of Nominated Supervisor. Even with these measures in place, there would still be uncontrolled risks associated with operating the Vacation Care program from a venue not owned by BVSC.

There are also no opportunities for cost sharing/ savings for Vacation Care while it is located at the Bega Valley Public School.

All areas of risk can be reduced and service delivery costs managed more effectively by returning Vacation Care to its original operating site at Bandara Children’s Services. This may impact some families because there would be fewer available Vacation Care places.

ISSUES

Legal

Key applicable Law

· NSW Children (Education and Care Services National Law Application) Act 2010.

· Commonwealth Education and Care Services National Regulations, 2011.

· NSW Children and Young Persons (Care and Protection) Act 1998 No 157

· NSW Children and Young Persons (Care and Protection) Regulation 2000

· NSW Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009

Bega Valley Shire Council is the Approved Provider of Bega Vacation Care program and employer of the program staff. This means BVSC has statutory obligations for the health, safety, protection and wellbeing of children, staff and others. Bega Valley Shire Council does not own the Vacation Care premises and therefore does not have care and control of the buildings, equipment and grounds. This is an issue of concern because

· The current Bega Valley School site and facilities permits unauthorised public access to children and does not prevent children from leaving the service without authorisation. Risks associated with public access issues are currently controlled by employing additional staff. This increases costs to families of service delivery.

· The school plans necessary major maintenance on buildings and grounds during school holiday periods. This increases the number of people not employed by BVSC and the types of potentially hazardous activities operating on the site when Vacation Care is operating.

· Bega Valley Shire Council is unable to address environmental risks and hazards to users or workers in the Vacation Care program at once because the building, equipment and grounds are owned and maintained by the Department of Education. The process is further complicated by the absence of Department of Education staff during holiday periods.

· A significant amount of equipment is transported from Bandara Children’s Services to the school site by BVSC Vacation Care staff for use by children in the program. This increases the risks of manual handling injuries to program staff.

Policy

The proposed Family and Children policy recognises that there is a role for local government to play in supporting the capacity of all families to live well, care for, protect and educate children and to make meaningful contributions to the community. This is articulated in the Charter for Councils under the Local Government Act, 1993. The Family and Child policy describes Council’s role as a mix of information provision, interagency connection, community engagement and delivery of affordable services that enable families to work, study and volunteer in the shire.

BVSC’s current commitment to Vacation Care is of particular importance because there are few alternative activities and services for children aged 6 – 12 years in Bega. A transfer of venue and reduction of Vacation Care places could:

· impact negatively on the ability of some families to maintain their work, study or volunteering commitments

· decrease the number of available child protection referred places for early intervention agencies

· reduce the risks to children, staff and others associated with operating a program from a site not under the care and control of Council

· provide some cost savings that can be passed on to families using the program

· provide an opportunity for BVSC to connect families to information about other programs for school age children in school vacation periods

· be managed using Commonwealth Priority of Access guidelines and BVSC children’s services allocation of vacancy procedures to ensure transparent and equitable allocation of vacancies

Asset

Bandara site approval and compliance

The building, access and surrounds at Bandara comply with BVSC workplace health and safety requirements, and with National Law. Of particular importance is the way the lay out manages and controls authorised access to children and to the site.

Bandara onsite resources

Bandara Children’s Services can provide a reduced number of Vacation Care places on its site. It also has available a significant number of school age materials, equipment and resources that are safe, clean and in good repair. This reduces manual handling risks of transporting these resources to the school site.

Minor capital expenditure would be needed to improve supervision of children using shared adult toilet facilities.

Bandara maintenance

Increased use of facilities at Bandara Children’s Services by older children would add to maintenance costs for the asset, particularly in the outdoor environment. This would need to be monitored and assessed closely by Bandara’s WH&S officer and Nominated Supervisor.

BVSC has care and control of the Bandara site where there are established policy and procedures for prioritising, managing and responding to risks and hazards.

Suitable alternate Bega Valley Shire Council sites

Any site used for After School or Vacation Care needs to comply with Law and Regulations. These areas are addressed specifically in Part 6, 161 – 175 of the NSW Children (Education and Care Services National Law Application) Act 2010. Penalties for the Approved Provider and Nominated Supervisor associated with breaches of these areas range from $1,000 to $50,000.

The particular requirements of sites and facilities specified in Commonwealth Education and Care Services National Regulations, 2011include:

· Controlled public access to children with effective supervision at all times (Reg 82/ 83/99/ 157)

· 7 square metres of unencumbered shaded natural outdoor space per child (Reg 108/ 113/ 114)

· 3.25 square meters of unencumbered indoor space per child (Reg 107/ 115)

· disabled access and supervised toilet facilities (Reg 109/ 115)

· temperature controlled environment (Reg 110)\

· an administrative area (Reg 111)

· fridge/ food storage (Reg 77/ 78)

· indoor and outdoor equipment safe, clean and suited to children aged 6 – 12 years (Reg 103/ 105)

· secure record storage (Reg 181/ 183)

No alternate Bega sites have been identified that are under the care and control of BVSC and meet the requirements under the new Law and Regulations for school age programs. If Council wishes to continue to provide an extended Vacation Care program they would need to identify a site and allocate rate revenue to cover the cost of major building and grounds works to ensure the site’s compliance with Law and Regulations.

The future development of the Bega Town Hall site may provide a venue however there is no designated outdoor space and the development is still some time off.

Social / Cultural

Fewer Vacation Care places may impact some working families and those in high risk early intervention and support situations. Without Vacation Care, they may need to use informal or ad-hoc care for their children. This could include using their own leave entitlements, friends, extended family, or family day care.

Recent Vacation Care programs show that working families are the most strongly represented user group. Their patterns of use also highlight that families often cancel bookings with 24 hours’ notice, or do not use their booked day. At the last minute they choose alternative activities such as trips with friends, visits to relatives or other activities provided within the community at low or no-cost. These patterns suggest that early links to organised alternative activities may reduce the number of families with unused bookings.

Last minute cancellations impact on the cost of providing Vacation Care in two ways.

Firstly, the Vacation Care program employs staff based on the number of children who are expected to attend. This means when numbers of children are lower than expected, staff costs are higher than necessary.

Secondly, it is difficult to fill last minute cancelations. This means the income for the program is lower than expected, and the operational costs continue at a higher level. These costs are distributed across all families using the service through the fees and charges that are set.

These is scope for Vacation Care staff to respond to the social impact of any gaps created in service delivery by increasing the emphasis on promoting and linking families to alternative school holiday activities and programs offered by businesses within the shire.

Economic

Disadvantages

The users of Out of School Hours services make a contribution to the economic and social sustainability of the community. Most users of the program are working, studying or contributing in a voluntary capacity to other community organisations or caring for aging family. Some families may be unable to continue to work, study or volunteer during school holiday periods without care for their school age children. This may disadvantage small business in the community because of higher levels of employee and volunteer absences.

Advantages

There may also be benefits to some small businesses and community organisations from linking families to alternative activities being offered for children aged 6 – 12 years during school holidays. These include activities offered by AUSWIDE Merimbula Vacation Care program, Library Services, the Marine Discovery Centre, Coast-life, Sports groups, Pambula Aquatic Centre, Fling, National Parks Bournda and others.

Consultation

Program staff

Throughout 2012, Vacation Care and After School care staff provided review, evaluation and feedback to Children’s Services managers about the operation of Out of School Hours programs under the NQF. Feedback has been used to identify and manage the risks to BVSC of current Vacation Care program operations.

Other local service providers

In February 2013, letters were sent to all community and education organisations involved in the provision of programs to children aged 6 – 12 years. Organisations were invited to discuss the provision of Out of School Hours programs in Bega. A similar invitation was placed in the Families NSW newsletter. No contact or expressions of interest have been received.

Government departments

The range of options for Out of School Hours services were discussed with the NSW Department of Education and Communities, Early Childhood Education and Care Services Directorate, Out of School Hours services Team Leader and the Department of Education, Employment and Workplace Relations Child Care Benefit Team Leader.

Families

Families using Vacation Care program will be individually informed about any changes approved by BVSC to the current school age programs. Staff will use a range of communication strategies including an individual letter to each family, face-book and notices on the BVSC website.

Financial

Commonwealth Child Care Benefit (CCB) funding

Under the Commonwealth Tax Law families will only be eligible for Child Care Benefit if each program operating from the Bandara site has its own Service Approval number. This means there are some increased costs and administrative/ management requirements that must be duplicated so that families can continue to receive benefits. These include the following:

· State government fees and charges for approvals

· Commonwealth government fees and charges for quality assessment and compliance

· Management responsibilities associated with regular compliance inspections and quality assessment inspections

· Management and staff costs associated with preparing required Quality Improvement documentation

· Staff costs for additional Educational Leader

· Staff costs for child care benefit administrative processes

While a change of venue for Vacation Care does not avoid duplication of all fees and charges, there will be cost savings associated with the need for fewer qualified staff.

Current budgeted Vacation Care staff salaries for 2013/ 2014: $ 25,509.

· Salary cost savings from change of venue: $13,848 (plus on-costs).

· Savings passed on to families in reduced program fees: .0.70c per hour

· Daily savings for average family: $6.00 per child per day.

The remaining savings would be redirected to cover duplication of administrative/ management processes at Bandara.

Commonwealth Sustainability Assistance – Community Support Program

Each CCB funded program currently receives ‘Sustainability Assistance’ funding under the Department of Education, Employment and Workplace Relations (DEEWR) Community Support program. Funding is linked to the number of children who attend the each program and funding levels reduce as numbers of children increase. The current funding can only be retained if each program continues to operate as a separate entity. Each service requires a separate Service Approval number. Rates for each program in 2012/2013 were:

· Long day care (average less than 40 places): $ 41,440

· After school care (average less than 20 places): $ 11,742

· Vacation care (average less than 20 places): $ 11,742

TOTAL: $ 64,924

Vacation Care program should remain eligible for $11,742 Sustainability Assistance under the Commonwealth Community Support Program if it operates from Bandara Children’s Services.

Resources (including staff)

Buildings

The current premises at Bandara can include 10 After School and Vacation Care places. There are already significant school age resources, equipment and materials available at Bandara. Some minor upgrades to shared school age toilet facilities would improve access and supervision.

Human resources

Under the National Law, Vacation Care requires two staff to be on premises at any time. This is costly when there are only a few children in attendance at Bega Public School. The transfer of Vacation Care to Bandara would allow for a single staff member in the school age program who can work with other staff at Bandara when there are low child numbers. Transferring the Vacation Care program to Bandara would reduce the number of additional qualified and experienced staff required to operate the program because there are other staff on site at all times.

In addition, one staff member can be a Nominated Supervisor for all programs at the site. This would reduce the number of staff required in statutory roles.

BVSC has had difficulty in recruiting and retaining qualified and experienced Vacation Care program staff. This is linked to the short periods of available employment for staff, and the requirements for higher qualifications and training. There would be improved opportunities for casual staff to access alternative employment within the other children’s programs offered at Bandara.

Management and administrative resources

Access and operation of management and administrative resources would be more effective from a BVSC children’s services site. This includes:

· improved access to ICT, records, information and telephone systems

· combined Government reporting processes, including quality audits and accreditation

· reduced number of additional required qualified staff and combine the available program expertise and knowledge base

· decreased duplication of staff roles

· improved risk management strategies

Financial resources

Vacation Care would remain eligible for ‘Sustainability Assistance’ providing it has an individual Service Approval number. Continued funding would offset some of the costs associated with duplicated Out of School Hours management and administrative processes.

Operational Plan

L7.1 Improve access to affordable learning opportunities for all children.

Strategic actions: Implement transition to National Quality Framework for children’s services workforce and service operations.

The transition to the National Quality Framework (L7.1) has increased the cost of staffing and providing school age services. These changes to Law have had the greatest impact on fees for families using Vacation Care programs. The move of the Vacation Care program to Bandara would create a lower cost service to families. There would be less income generated by fees but this is offset by the savings made in staff employment costs. These savings could be passed on to families as reduced and more affordable fees.

Conclusion

Bega After School and Vacation Care programs have been affected by changes to National Law, Regulation and Quality Standards. The most significant impacts have been in the areas of cost of program delivery, increased duplication of Government accountability and reporting processes, and additional risks for Bega Valley Shire Council as Approved Provider of these services.

There have also been increased risks to BVSC in operating children’s services at a site not under its direct care and control.

Increased costs and risks can be managed more effectively by relocating Vacation Care to Bandara Children’s Services with a reduced number of places.

Bandara Children’s Services has staff with the skills and expertise to meet the requirements of delivering Vacation Care Services within the NQF, and the site facilities, resources and equipment can accommodate school age children.

The cost savings achieved by transferring Vacation Care to Bandara can be passed on to families in reduced fees.

There will be some families in the community who may be affected if there are fewer Vacation Care places. BVSC has existing community engagement strategies that can link these families with alternative activities for school age children.

There are currently no other organisations in Bega with the capacity or interest in delivering these programs to the community.

ATTACHMENTS

Nil

Recommendation

1. That Council resolve to continue operating After School Care without change, from Bandara Children’s Services.

2. That staff investigate vacation Care transfer from Bega Valley Public School to Bandara Children’s Services and continue to operate the program at 10 places.

3. That appropriate staffing reallocation and responsibilities be managed to ensure compliance with legislation and Council’s procedures relating to any change.

4. That fees for the program be reviewed accordingly and reported to Council for advertising and adoption.

5. That staff continue to explore other viable options for the provision of school aged programs in Bega for children aged 6 – 12 years.

Council 1 May 2013 Item 11.2

11.2. Tender 10/13 Vegetation and Timber Waste Processing

This report details the outcome of the evaluation of Tender 10/13 for the processing of vegetation and timber waste and recommends award to the preferred tenderer.

Group Manager Infrastructure, Waste & Water

Background

Council requires periodic shredding/mulching services for vegetation and timber waste disposed of at Council’s waste and recycling depots. The shredded material is recycled through use onsite and is also made available to residential customers at no charge for use in gardens. Council also has occasional requirements for this service at construction sites, where substantial vegetation clearing is required.

Historically, Council has undertaken this activity on a quotation basis for one off services. The administrative burden of procuring services in this way is such that a longer term tendered service is more desirable. The tendered services are for a proposed contract period of three years.

ISSUES

Legal

The tender process complies with the Local Government Act 1993.

Council’s waste facility licences, where applicable, permit mulching of wood waste and garden waste. Elsewhere the activity is conducted with lawful authority in compliance with the requirements of the Environmental Planning and Assessment Act 1979 and the Protection of the Environment Operations Act 1997.

Policy

The proposed service helps meet the objectives of Council’s Waste Services Policy.

Environmental

Recycling garden and timber waste has environmental benefits, in terms of recycling material which might otherwise be burned or sent to landfill.

Sustainability

The activity has sustainability benefits, in terms of returning organic carbon to the soil. By diverting organic waste from landfill, the activity helps to avoid the generation of methane, thus reducing greenhouse gas emissions and reducing the rate of consumption of landfill space.

Strategic

The activity is in accordance with Council’s 2020 Vision on Waste Strategy.

Financial

The activity is budgeted for and will be funded from the waste management revenue. The tender is on a schedule of rates basis and the exact cost will vary, dependant on quantities from year to year.

Funding source		Approximate Assessed Amount over 3 years
Waste Fund	$	297,300

Resources (including staff)

The services are fully contracted and do not have additional staffing implications.

Operational Plan

The services are part of the operational plan.

Conclusion

Periodic vegetation and timber waste processing services are beneficial to the community and are vital to the proper functioning of Council’s waste depots. A tender process has been implemented that secures these services at a competitive rate for a period of three years.

ATTACHMENTS

1 . Confidential memorandum to Councillors regarding Tender 10/13 Vegetation and Timber Waste Processing (Councillor Only) (Confidential)

Recommendation

1. That Council accept the tender from (insert) in relation to contract for the works described in Tender 10/13, in the approximate amount of $(Insert) over three years (excluding GST), subject to variations and provisional sums.

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

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

Council 1 May 2013 Item 12.1

12.1. Certificate of Investments made under Section 625 of the Local Government Act 1993

To report the details of Council’s investments during the month of March 2013.

Finance Manager

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 9 October 2012.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $55,000,100. These funds can be broken into the following Funds:

Funding source	January 2013	February 2013	March 2013
General Fund	$37,633,675	$37,406,634	$40,406,634
Water Fund	$8,749,118	$8,749,118	$8,749,118
Sewer Fund	$5,844,348	$5,844,348	$5,844,348

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

ATTACHMENTS

1 View. 2013.05.01 ATTACH Certificate of Investment Report March 2013

Recommendation

1. That Council receive and note the attached report indicating Council’s Investment position.

2. That Council note the Certificate of the Responsible Accounting Officer.

Council 1 May 2013 Item 12.3

12.3. Exhibition of response papers - social issues and cultural settings

Council placed its social issues and cultural settings papers on public exhibition in December 2012. Following the exhibition period draft response papers have been prepared to inform the review of the community strategic plan.

Group Manager Community & Relationships

Background

The NSW Government has established Integrated Planning and Reporting (IP&R) legislation, requiring all councils to establish a long term strategic, infrastructure and financial framework. Council is required to formally review and exhibit the community strategic plan in the year following an ordinary election. To date Council has signalled no change to the CSP, unless the rates variation is not approved in full, which in turn would necessitate a revision of the relevant asset plans and long term financial plan.

The newly elected Council has formally resolved on two occasions to continue with the planning regime in their current adopted form. It must however exhibit the community strategic plan updated in its new format. Council had resolved to do this following notification from the Independent Pricing and Regulatory Authority in relation to Council’s lodged Special Variation application. An updated draft of the community strategic plan will be presented to the Council meeting on 22 May 2013 for the purpose of gaining community feedback on the minor changes proposed, including incorporation of social and cultural issues outlined below.

Through the transition to IP&R, the development of separate Social Plans and Cultural Plans were no longer mandated. Councils were encouraged to incorporate social and cultural issues into the community strategic planning process. Council’s previous Social and Cultural Plans informed the development of the adopted community strategic plan, Bega Valley 2030.

In consultation with community, peak agencies and organisations, the Social Issues Papers and the Cultural Setting Report was developed and placed on public exhibition following the Council meeting on 12 December 2012.

The Social Issues Papers were designed to give an overview of the social issues facing Volunteers, Aboriginal People, People from Cultural and Linguistically Diverse Backgrounds (CALD), People with a Disability, Older People, Men, Women and Young People in the Bega Valley. The Cultural Setting Report was designed as a document to inform on current cultural activity within the Shire, and identifies future opportunities and challenges of the cultural industry, community groups and Council.

Draft response papers, the Cultural Settings Response and the Social Issues Response have been developed in response to the Cultural Setting Report and Social Issues Papers. These have been separately circulated to Councillors.

These responses identify Council’s roles and responsibilities in relation to key items under Council’s area of influence and responsibility. It is important that Council clearly articulate what activities it can resource and support and that expectations are not raised beyond the Council’s capacity to deliver. Clear targets and frameworks will then be developed in Council’s Delivery Program and Operational Plan to achieve the outcomes and outputs in its area of responsibility.

Council is also a key partner with other agencies in some areas of the scope of these documents and this also needs to be reflected in the final IP&R reports adopted by Council.

ISSUES

Policy

Since adoption of IP&R, the development and adoption of Social Plans is no longer mandatory. The Cultural Settings Response and the Social Issues Response have been developed in response to the Cultural Setting Report and Social Issues Papers and community needs and will serve as informing documents to the Council’s Integrated Planning and Reporting Framework.

The process utilises Council’s adopted Community Engagement Policy and reflects the directions outlined in currently adopted policies under the Liveability theme.

Social / Cultural

The Social Issues Response will assist Councillors in making informed decisions about the allocation of resources and the opportunity for Council to advocate on behalf of the community.

The Cultural Settings Response aims to increase awareness and understanding of the significance and potential of the cultural life of our communities and to provide a platform for discussion with community, government and industry partnerships to enable cultural development, planning and support.

Strategic

The response papers clearly provide a key input into the review process for the Council’s community strategic plan and other aspects of the Council’s integrated planning and reporting framework.

Consultation

Council staff have continued liaison with key groups including the Council’s Cultural Planning Section 355 committee and focus groups.

It is proposed to place these documents on public exhibition to allow for input during the process of finalising the community strategic plan review.

Financial

The drafted response papers outline Council’s role, Council’s position in relation to key outcome areas and any related Council level of service or activity. The responses have been developed by staff in line with the adopted long term financial plan.

Conclusion

The draft Social Issues Response and Cultural Settings Response have been developed in consultation with the relevant sectors of the community. The documents will serve to inform Council on appropriate responses to social issues and cultural activities within the Shire which are within Council’s area of influence and activity, and will assist Council in informing the review of the Community Strategic Plan.

ATTACHMENTS

Nil

Recommendation

That the draft Social Issues Response and Cultural Settings Response be placed on public exhibition until 31 May 2013 and feedback provided with the report on the adoption of the community strategic plan in June 2013.

Council	1 May 2013
*Item 9.1 - Attachment 1*	*Reforming public library funding*

Council	1 May 2013
*Item 12.1 - Attachment 1*	*2013.05.01 ATTACH Certificate of Investment Report March 2013*