Agenda of Council - 10 September 2014

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 10 September 2014

AGENDA

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 20 August 2014 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

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 – Sustainability (Planning and Environment)

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

8.1 Community Sharps Management Plan............................................................ 11

8.2 Public Exhibition - Central Business District Landscape Masterplans................ 14

9 Staff Reports – Liveability (Community and Relationships)

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

9.1 Bemboka and Eden Pools; hours of operation for the 2014/15 season............ 18

10 Staff Reports – Enterprising (Economic)

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

10.1 Tourism Future14 - Tourism Industry Summit................................................... 22

10.2 Sapphire Coast Tourism Funding Agreement ............................................ 24

10.3 Applications for Financial Assistance - Section 356
First Quarter 2014/2015.................................................................................. 39

11 Staff Reports – Accessibility (Infrastructure Waste and Water)

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

11.1 Bega Valley Relay for Life............................................................................. 44

11.2 Electricity Supply Contracts........................................................................... 46

11.3 Bega Valley Local Traffic Committee Meeting 6 August 2014........................... 50

11.4 Road Closure - section of unformed laneway between Auckland and Little Church Streets in Bega 52

12 Staff Reports – Leading Organisation Governance and Strategy)

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 57 .

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

16.1 Medicare GP co-payment.............................................................................. 63

17 Urgent Business

18 Questions On Notice

19 Questions for the Next Meeting

20.. Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public.............. 65

20.1 Merimbula Land Redevelopment Options

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 10 September 2014 Item 8.1

8.1. Community Sharps Management Plan

A Community Sharps Management Plan (CSMP) is a coordinated preventive strategy to minimise environmental and human health problems associated with exposure to ‘sharps’ (i.e. needles and similar objects). A CSMP is designed to manage ‘sharps’ in the community, by minimising the risks of harm from needle-stick injuries to Council staff and the wider community.

Group Manager Planning and Environment

Background

Community Sharps are those objects used in non-clinical activities including needles, syringes and lancets (used by people with diabetes and other medical conditions) that are used by injecting drug users or those who require self-injection in the home or in public places.

The majority of users of sharps dispose of them via safe (and approved) means. However, the hazard presented by needles, syringes and lancets disposed of by unsafe (unapproved) means presents considerable risks to some Council staff and the wider community.

There have been documented cases where community sharps have been left lying around or hidden in unexpected public locations, such as:

· Parks / Reserves

· Public toilets

· Playgrounds

· On the street

· Amongst waste

The need to consider introducing a CSMP is highlighted by a recent incident in which needles/syringes were found amongst illegally dumped rubbish within the Bega Valley. The investigation of this incident revealed the lack of awareness and suitable locations to dispose of community sharps.

The proposed introduction of a CSMP seeks to provide an integrated awareness and education program and an expanded collection and disposal system, for the responsible disposal of sharps within the Bega Valley. The aim is for the community to dispose of personal sharps through facilities associated with a CSMP collection program, rather than by illegal dumping or disposal through Council’s domestic waste disposal system.

ISSUES

Policy

The introduction of a CSMP is consistent with Council’s environmental health policies and will improve the organisation’s general obligation to maintain public safety.

Consultation

External:

Council’s Environmental Health staff have been consulting with NSW Health, the NSW Pharmacy Guild and other councils.

Internal:

Environmental Health staff have been consulting with Council’s Rangers, Water and Sewerage staff, Waste Services staff and Town Teams regarding the issues relating to community sharps. There is support from these teams for the introduction of a CSMP.

Future:

Should Council support the recommendation of this report, staff will need to undertake further consultation with local partners including pharmacies, hospitals and community health centres.

Financial

1. NSW Ministry of Health provides funding to Councils who are developing a CSMP. Grants of up to $10,000 are available through this program including support for Council staff training and resources.

2. If adopted, a CSMP is likely to involve an ongoing cost due to the placement, disposal and replacement of sharps bins. If provided, this service is likely to be via the routine operation and maintenance of Council Parks and Reserves.

Funding source		Amount
NSW Ministry of Health	$	Up to $10,000

Resources (including staff)

If Council adopts a CSMP it would be managed by Council’s Environmental Health Team and supported by Council’s Town Teams and Waste Services Teams.

Conclusion

The aim of a CSMP is to provide a safer environment for both the community and Council. It would inform the wider community as to where and how to appropriately dispose of personal sharps. If a CSMP is put in place, it would help to manage the risk of needle-stick injuries and reduce the potential harm associated with the inappropriate disposal of community sharps.

If the recommendation is supported by Council, it is proposed that further consultation would be undertaken with relevant stakeholders to enable a draft CSMP to be prepared and reported to Council. With Council’s agreement, a draft plan would then be placed on public exhibition.

ATTACHMENTS

Nil

Recommendation

That Council supports the preparation of a draft Community Sharps Management Plan.

Council 10 September 2014 Item 8.2

8.2. Public Exhibition - Central Business District Landscape Masterplans

Council has engaged SPIIRE Landscape Architects to prepare landscape masterplans and design guidelines for the central business districts of Eden, Merimbula, Bega and Bermagui. This report recommends that the draft plans for Merimbula, Bega and Bermagui be placed on public exhibition to seek community feedback on the proposals contained within each plan.

Group Manager Planning and Environment

Background

The proposed public exhibition will be the second major consultation exercise undertaken as part of this program. Council previously publicly exhibited the ‘Design Visions and Options’ report that was prepared by SPIIRE. The ‘Design Visions and Options’ report presented a range of design options for the central business districts (CBDs) of the four towns being examined as part of this project. Improved pedestrian movement and safety, the creation of comfortable public spaces, improving streetscapes and amenity, increasing economic activity and improved traffic flow were among the major issues examined by the Design Visions and Options report.

Over recent months SPIIRE have been collating the results from the first public exhibition and gathering more detailed physical survey information from Council. At the Council meeting of 30 July 2014, Council resolved:

“4. That the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be subject of a Councillor workshop.

5. That following the Councillor workshop, the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be placed on public exhibition and then reported back to Council for finalisation.”

In accordance with that resolution a Councillor workshop was held on Wednesday, 13 August 2014. Final draft masterplans and design guidelines have now been completed for Bermagui, Bega and Merimbula, incorporating technical consideration of requested amendments suggested by Councillors at the Councillor workshop.

A copy of the draft Masterplans can be viewed on Council’s website:

Bega

http://www.begavalley.nsw.gov.au/attachments/SPIIRE/DRAFT_Landscape_MasterPlans_issue_29082014_i-39.pdf

Bermagui

http://www.begavalley.nsw.gov.au/attachments/SPIIRE/DRAFT_Landscape_MasterPlans_issue_29082014_39-63.pdf

Merimbula

http://www.begavalley.nsw.gov.au/attachments/SPIIRE/DRAFT_Landscape_MasterPlans_issue_29082014_63-89.pdf

ISSUES

Sustainability

Sustainability is a key principle underpinning the draft landscape masterplans and accompanying design guidelines. Where possible, the masterplans only recommend essential changes to physical infrastructure such as roads, footpaths or drainage in an effort to reduce project costs and ensure that good infrastructure is not unnecessarily replaced.

The designs guidelines also highlight the preferred use of locally available or recycled timber products, local species and that landscaping be undertaken in accordance with Sensitive Urban Water Design principles. The landscape masterplans and materials suggested are robust in nature, to minimise the ongoing maintenance and replacement costs to Council.

Social / Cultural

The successful implementation of the draft landscape masterplans will result in improved town centres that are more pedestrian friendly and create improved community spaces. The masterplans provide the opportunity for the incorporation of local artworks into the streetscape and create spaces that can be used for community events, performances and exhibitions.

Consultation

It is proposed to publicly exhibit the draft Landscape Masterplans for a period of six (6) weeks, beginning the week of 15 September and concluding on Friday, 24 October 2014. The exhibition process will incorporate a number of community engagement and feedback opportunities including; “listening posts” in each of the three CBD’s, online surveys, meeting with Chambers of Commerce and other interest groups. Feedback will also be able to be received via the project website, email and standard letter submissions. Exhibition displays will be set up in Council’s Bega Office and Council’s libraries.

Conclusion

The draft CBD Landscape Masterplans for Bega, Bermagui and Merimbula have been through an extensive process of development and it is now appropriate to place them on formal public exhibition. The public exhibition process will provide Council with valuable feedback from the wider community as to their opinions, to help inform Council’s final consideration of the Masterplans.

ATTACHMENTS

Nil

Recommendation

1. That the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be placed on public exhibition for a period of six (6) weeks.

2. That a report be presented to Council following the public exhibition, detailing the results of the public exhibition and recommending any suggested amendments to the Masterplans, prior to their final adoption by Council.

Council 10 September 2014 Item 9.1

9.1. Bemboka and Eden Pools; hours of operation for the 2014/15 season

Consultation has been held on the proposed hours of operation for the Bemboka and Eden pools for the upcoming season.

Acting Group Manager Community Relations and Leisure

Background

Bega Valley Shire Council has been reviewing the operations of the pools, usage and hours of operation in preparation for the upcoming season. Issues affecting Council pools were covered in a workshop with Councillors in August. A determination on the operating hours is needed to allow the pools to commence operations on September 29th. Maintenance works required at Bemboka is on track to be completed to meet with this timeframe.

Consultation was held with users of both Eden and Bemboka pools and staff recommendations are below.

Bemboka Pool.

The main impact on the operations of Bemboka Pool was the need for two staff to cover the 10am to 6pm opening. The proposed operating hours for Bemboka Pool that were put to the community were;

2.00pm to 6.00pm Monday to Sunday. This allows the pool to be operated by one staff member and significantly reduces staffing costs. It also means that the water is warmer when the pool opens. Attendance is low at Bemboka in the mornings particularly in the early and late stages of the season.

This represents a reduction of four hours per day from the previous year but ensures the pool stays within operational budgets, is open every day and allows after school activity including learn to swim. Council has committed to include one afternoon a week of learn to swim classes for term four and has factored in longer opening hours for the Bemboka Public School Swim program in November.

The Friends of Bemboka pool were consulted about these changes and provided the following feedback on the hours of operation; the community was generally accepting of the reasons for the reduction in hours but advocated for the 10am to 6pm timeslots to be maintained on weekends and school holidays, particularly in the hottest months.

The group also provided feedback on the importance of the toddler pool, payment of annual passes in instalments to assist low income families and the possibility of cheaper fees given the short season and the socio-economic profile of Bemboka. The feasibility of these ideas is being investigated by staff.

Eden Memorial Pool

The main impact on the operational costs at Eden is the requirement for two staff to be on duty to cover the two pools. During the 13/14 season, after consultation with the community a 6am opening two days per week was trialled. The community responded well to this and the trial was successful with good numbers attending.

The hours of operation proposed for the upcoming 14/15 season are;

Monday/Wednesday/Friday 10.00am – 6.00pm (8.0)

Tuesday/Thursday 6.00am – 9.00am & 2.00pm – 6.00pm (7.0)

Saturday/Sunday 10.00am – 6.00pm (8.0)

This allows us to maintain the early start two days per week (the toddler pool will not be open during these 6.00am to 9.00am periods meaning only one staff member is required). It also means the requirement for two staff on those days is reduced to the four hour period in the afternoon.

This represents a rescheduling of hours across the week allowing us to keep within operational budgets but ensuring we are balancing the needs of the regular users of the pool including the local schools, early morning lap swimmers and those that utilise the pool in the middle of the day during the week.

A meeting with the community was held in Eden on Thursday 28 August. Those present were understanding of the need to make changes to operating hours and, similar to the Bemboka community, were keen to see the pool open all day in the January school holidays and to stay open until 6 on weekends.

The feedback from the community was very constructive and they provided some practical ideas about the pool including increasing shade areas and improved marketing of the pool which we are investigating.

Conclusion

Pools are an important part of local communities. The proposed opening hours for both Bemboka and Eden pools strikes a balance between maintaining operating costs and meeting the needs of the community. A review of the operational costs has indicated we are in a position to compromise with the community and have the capacity to extend the opening hours of both pools for the month of January.

The community has provided valuable feedback and has been willing to work with Council, a review of attendance and operations will be conducted during the course of the upcoming season to ensure we continue to achieve this balance.

ATTACHMENTS

Nil

Recommendation

That the hours of operations for Bemboka and Eden pools are adopted as follows;

Bemboka

2.00pm to 6.00pm Monday to Sunday.

10.00am to 6.00pm Monday to Sunday during January

Eden

Monday/Wednesday/Friday 10.00am – 6.00pm

Tuesday/Thursday 6.00am – 9.00am & 2.00pm – 6.00pm

6.00am- 6.00pm during January

Saturday/Sunday 10.00am – 6.00pm

Council 10 September 2014 Item 10.1

10.1. Tourism Future14 - Tourism Industry Summit

The Tourism Future14 summit will be held on October 8 and 9 2014.
A pre-summit networking dinner will be held at Oaklands event centre on the evening of Wednesday 8 October followed by the Tourism Future14 summit which will be held at the Four Winds Festival site, Barragga Bay on
Thursday 9 October.

Group Manager Strategy and Business Services

Background

Bega Valley Shire Council in conjunction with Sapphire Coast Tourism Ltd is holding the inaugural Tourism Growth Summit on 8 and 9 October in the Bega Valley Shire. The aim is to attract and promote our region to large tourism enablers such as Airlines, Cruises, Canberra Airport, Destination NSW, Tourism Australia, Parks Australia and others to assist us in growing our visitor numbers over the foreseeable future.

Tourism Future14 will bring together a wide range of tourism stakeholders from across the Bega Valley Shire, for the specific purpose of capitalising on the great opportunities in and for the area. The focus will be on tourism, inbound visitors, ACT and region and the exciting cruise opportunity.

Key political members have been invited to the Summit including the Minister for Communications Malcolm Turnbull, New South Wales Deputy Premier, and Minister for Trade and Investment Andrew Stoner, New South Wales Treasurer Andrew Constance, Minister for Trade and Investment Andrew Robb, New South Wales Minister for Primary Industries and the Assistant Minister for Tourism and Major Events Katrina Hodgkinson, Member for Eden-Monaro Dr Peter Hendy and The Hon. Paul Green MLC.

Key presentations from leading tourism organisations and operators will be delivered at the Summit on Thursday 9 October at the Four Winds Festival site at Burragga Bay. These presentations will be focused on nature experiences and international growth.

Members of the community can register for this event by visiting:

www.sapphirecoast.com.au/tourism-future-2014

ISSUES

Strategic

Council conducted a community satisfaction survey in 2012 which identified what the community considered as priority areas for the future of our Shire. One of those priority areas was the promotion of tourism and branding.

The Community Strategic Plan identified tourism as a priority under Council’s Enterprising Place theme:

“Our tourism business opportunities are enhanced, and reflect the values of the community and natural environment.”

The Tourism Future14 Summit is a key event which provides our Shire with the opportunity to meet the identified priorities of our community to promote tourism and branding of the Bega Valley.

Conclusion

The Tourism Future14 is an exciting event for our Shire which will provide valuable promotion and an opportunity for key tourism stakeholders to network and gather information which will enhance their businesses.

ATTACHMENTS

Nil

Recommendation

That Council note the Tourism Future14 Summit for information.

Council 10 September 2014 Item 10.2

10.2. Sapphire Coast Tourism Funding Agreement

Sapphire Coast Tourism have elected to activate the option within the previously executed funding agreement between Bega Valley Shire Council and Sapphire Coast Tourism for a further three (3) years concluding June 30, 2017.

Group Manager Strategy and Business Services

Background

In 2011 Council entered into a 3 year contract to provide funding to Sapphire Coast Tourism (SCT) to deliver tourism promotion on behalf of the Shire and to administer the funding to the Shires Visitor Information Centres.

This contract expired on June 30, 2014. The contract allowed for an option to extend for a further 3 years at the current contractual conditions. The SCT board resolved to request this extension.

While working through the funding agreement between Bega Valley Shire Council and SCT, a number of amendments were identified as being required to bring the contract under the current Integrated Planning and Reporting (IPR) framework. This framework was not in effect when the original contract was executed.

The IPR framework includes Councils Community Strategic Plan (CSP), Delivery Plan (DP), and Operating Plan (OP). The framework forces a strategic approach as each document deals with a specific timeframe;

· CSP = 10 yrs

· DP = 4 yrs

· OP = 1yr

Council decided to implement a similar system with the SCT contract to ensure a consistent approach to its reporting requirements.

The new funding agreement now includes a reporting framework. In order to activate the contract, SCT must present a 3yr strategic action list which can be incorporated into Councils reporting framework. SCT is also required to have Operating actions outlining how it intends to implement the strategic actions.

SCT will then report to Council each six months detailing its progress against the annual operating actions.

Council staff feel that this framework ensures efficient use of Council resources and ensures that the delivery of services meets the expectations of Council and the community.

Council and SCT’s three year strategic actions are;

· Support the implementation of Australia's Coastal Wilderness program and encourage tourism operators to benefit from and contribute to the experiences that ACW will bring.

· Identify and promote the regions visitor experience to maximise the social, cultural, environmental and economic wellbeing of the community through sustainable tourism

· Support the capacity of Visitor Information Centres to implement marketing strategies and collect and collate industry data to enable future marketing opportunities

· Work with Visitor information Centres to encourage an extended ‘length of stay’ for visitors

· Support development of the Bundian Way and Monaroo Bobberra Gudu Keeping Place.

· Implement tourism and facility signage plan.

· Plan and Implement a program of tourism related infrastructure funded through Council Tourism Infrastructure Special Variation

· Design new and renewed jetties, fire trails, board walks and cycle ways and lookouts to reflect SCT themes

The one year action items include;

· Continue membership and advocacy within South Coast Regional Tourism Organization including drive promotion as focus

· Australia’s Coastal Wilderness Journeys project in market - digital and print

· Weekly content development for all digital assets - Web - Social

· Off-peak paid digital campaign into ACT and Regional VIC market - Autumn 2015

· Participate in Spring SCRTO/DNSW marketing campaign into Regional NSW and VIC

· 2 x Operator workshops with local industry to drive new product development

· Fund at least 1 national media famil

· Maintenance and delivery of visitor guides and experiences collateral to local and out of area Visitor Information Centres.

· Manage DNSW funded MKT campaign for Eden Whale Festival

· Manage and deliver TourismFuture14 summit and workshops

· Develop BVSC – SCT Cruise Strategy

ISSUES

Legal

The attached funding agreement was drafted by a legal representative working with both Council and SCT to ensure it met all modern standards and met the needs of both parties while ensuring Councils expectation were conveyed and the relative funding sources committed.

Social / Cultural

The Shire is currently experiencing a number of regional projects that when complete will have the potential to attract a greater number of visitors. SCT are tasked with increasing visitation numbers, and ensuring the Shire takes advantage of these initiatives.

Economic

The value of tourism to the Shire is difficult to quantify, however economic data furnished to Council indicates the value to our community of Tourism activities could reach as high as $367 million per annum. Through better promotion and product, the Shire should aim to retain visitors longer as well as attract new visitors to the area bringing much needed investment and spending.

Strategic

Councils Community Strategic Plan contains the following directions;

E3 – Growing tourism opportunities

By 2030: Our tourism business opportunities are enhanced, and reflect the values of the community and natural environment

E4 – Supporting tourism infrastructure

By 2030: Our region has appropriate tourism infrastructure to meet community, business and tourist needs, that is planned and managed

Financial

Council attracts a Special Variation to its rating yield of $274,494.00. This allocation is then passed to SCT in full. The commencing allocation to SCT paid quarterly is $68,623.50.

The allocation is indexed by Local Government Cost Index each year.

Council allocated a further $75,000 to SCT to assist with digital marketing for the 2014/2015 financial year when it adopted its 2015 operating budget.

Conclusion

Sapphire Coast Tourism has successfully conducted tourism promotion for the Shire for the past three years. Council staff recommends that Council resolve to activate the extension of these services for a further three (3) years as per the attached funding agreement.

ATTACHMENTS

1 . 2014.09.10 SCT Funding Deed

Recommendation

1. Council approve the activation of the three (3) year extension to the funding agreement as per the terms attached to this report.

2. Council authorise the Mayor and General Manager to execute any necessary documents in order to action the resolution above.

Council 10 September 2014 Item 10.3

10.3. Applications for Financial Assistance - Section 356
First Quarter 2014/2015

Applications for Financial Assistance under Section 356 have been received for the first quarter of 2014/2015.

General Manager

Background

A report was provided to Council on 25 June 2014 outlining the revised procedure for handling Applications for Financial Assistance under Section 356 of the Local Government Act.

The procedure was endorsed by the Leadership Executive Group on 4 August 2014.

The procedure details that individuals and organisations can apply for assistance at any time throughout the year, however applications for the Community Partnership Fund will be reported to Council for resolution every quarter.

The applications in this report have been received from 1 July 2014 to 29 August 2014.

ISSUES

Legal

The allocation of funds requested are able to be distributed in accordance with Section 356 of the Local Government Act 1993.

Policy

The administration and allocation of funds are provided in line with Councils Policy 5.15 Requests for Assistance and Councils Procedure 5.15.1 Applications for Financial Assistance – Section 356.

Strategic

By providing support to individuals and organisations to achieve outcomes for the local community, Council is working towards achieving the objectives of the adopted Community Strategic Plan.

Financial

The table below shows the opening balance of the budget item as of 1 July 2014, and details the expenditure.

Funding source – Governance and Executive – operating costs - donations		Amount
Balance as at 1/7/14	$	202,696.40

Less Resolution of Council 25/6/14 Item 21.1 Transfer to Sapphire Coast Tourism	$	-25,000.00
Less Resolution of Council 25/6/14 Item 12.4 Successful Applicants 31/1/14 - 31/3/14	$	-9,686.00
Less General Manager Approvals 1/7/14 - 29/8/14 (<$1500.00)	$	-5,130.00
Available Balance (not including current applications detailed in confidential attachment)	$	162,880.40

The funds available to date are $162,880.40.

This amount will be reduced appropriately to reflect the resolution of Council for this agenda item.

Conclusion

Applications for Financial Assistance – Section 356 have been received for this quarter. It is appropriate for council to continue to provide financial assistance to assist and support positive community outcomes.

ATTACHMENTS

1 . Confidential Memorandum to Councillors - Applications for Financial Assistance - Section 356 - First Quarter 2014/2015 (Confidential)

Recommendation

1. That Council agree with the recommendations as per the confidential attachment.

2. That Council support the following projects at the nominated level of support <insert>

3. That all successful applicants be advised accordingly

4. That all unsuccessful applicants be contacted and provided feedback on their application

Council 10 September 2014 Item 11.1

11.1. Bega Valley Relay for Life

Council has received a request from Bega Valley Relay for Life for in-kind support for the staging of the Bega Valley Relay for Life event on the 11 and 12 October 2014.

Group Manager Transport and Utilities

Background

Council has received a request to borrow equipment as part of the Bega Valley Relay for Life event to be held at the Pambula Sporting Complex on 11 and 12 October 2014.

The request is in line with the previous event held in 2013 in which Council granted temporary use of traffic cones, barrier boards, star pickets and high visibility safety netting for the control of traffic for the event.

ISSUES

Social / Cultural

This is proving to be a large community event and Council equipment on display will show support for the event.

Financial

No cost implications for Council as equipment is being used outside of normal operational hours and will be returned after use.

Resources (including staff)

Loan of Council equipment only.

Conclusion

The 2014 Bega Valley Relay for Life is in line with the previous request and support given to this event in 2013. Given the event offers a high public profile and Council support of the event is at no cost, it is recommended that Council continue to support this event.

ATTACHMENTS

Nil

Recommendation

That Council support the Bega Valley Relay for Life event by providing in-kind support via loan of minor traffic equipment to be controlled and supervised by volunteers at no cost to Council.

Council 10 September 2014 Item 11.2

11.2. Electricity Supply Contracts

Report prepared to advise Council of the recently completed Large Sites and Street Lighting electricity supply contract for Bega Valley Shire Council.

Group Manager Transport and Utilities

Background

Electricity supply to Council is divided into three parts: namely large sites (>100MWh p.a.), small sites and street lighting. Up until 2011, Council had in place supply contracts for street lighting (June 2011) and large sites (December 2011), while small sites were charged the relevant applying tariff at the time of billing.

During 2011, Council joined with 15 to 20 other rural/regional councils asking Local Government Procurement (LGP) to seek tenders for supply of electricity. Unfortunately, due to Council’s contractual commitments, this meant that Council was included in two separate tendering processes, which were staggered during late 2011 and early 2012.

The outcome was the award of contracts through Local Government Procurement (LGP) as follows:

· Street Lighting to Origin Energy from 1 July 2011 until 31 December 2014 (adopted by Council on 3 July 2012) and then moved to AGL from 1 January 2015 until 31 December 2016 (adopted by Council on 18 December 2013)

· Large Sites to ERM Retail Pty Ltd from the 1 January 2013 until 30 June 2015 (adopted by Council 3 July 2012); and

· Small Sites to Origin Energy until 30 June 2014 (adopted by Council on 3 July 2012) and then moved to Powerdirect Pty Ltd from 1 July 2014 until 31 December 2016 (adopted by Council on 12 February 2014)

Forty five (45) NSW Councils and three (3) Not for Profit organisations gave authorisation in April 2014 to LGP to again run a request for tender on their behalf for the supply of electricity. The tender process was for Street Lighting and Large Sites and was issued on 24 June 2014 and closed on 9 July 2014. This process was a closed tender utilising the panel of electricity retailers that was established from a previous Expression of Interest (EOI).

The outcome was to award the contract through LGP as follows:

· Street Lighting to ERM Energy from the 1 January 2017 until 31 December 2017

· Large Sites to ERM Energy from the 1 July 2015 until 31 December 2017

The contract is for energy supply only and does not include network charges and many other charges such as loss factor, demand, regulated fees, power correction, metering, etc. Extra charges can amount to between 40-60% of electricity invoices received. The contract is exclusive of carbon tax and losses.

Essential Energy the NSW distribution network service provider (DSNP) who own and operate the ‘poles and wires’ that transport electricity from transmission networks to NSW residents have submitted a 2014-19 Substantive Regulatory Proposal for increases in its charges to local Council customers in NSW for the provision of street lighting infrastructure from 1 July 2015 to the Australian Energy Regulator (AER). The AER will draft a determination on the proposal in November 2014 which will be open for feedback and then in January 2015 a revised determination will be made taking into account the feedback. Final plans and proposed charges will then be published on 30 April 2015. If this proposal for increased charges is accepted it will negatively impact on network charges for Street Lighting.

ISSUES

Legal

Contract process has been conducted by LGP for a collective of Councils across rural/ regional NSW. The LGP tendering process complies with the Local Government Tendering regulations.

Environmental

The use of alternative energy and the more efficient use of electricity continue to be investigated however the options available to the South Coast are limited at this stage.

Asset

Electrical energy is a significant component of Council’s operating costs particularly in the Water and Sewer Funds. Large user sites include sewer treatment plants, sewer pumping stations and water supply pumping stations.

Other large users include the administration/library building, works depot and swimming pools.

Financial

The cost implications of electricity prices on Council’s operating budget are significant. The table below summarises the potential costs. It is impossible to give a more definitive assessment of costs as each of the 224 metered sites varies significantly in energy usage, use profile, network charges, power factor, power loss, regulatory charges etc.

It should be noted that currently the NSW electricity market is trading at its lowest in 12 months and that the collective tendering process conducted by LGP has given Council economy of scale and improved purchasing power with the existing offer is lower than the present rates and provide significant savings.

Please note carbon tax at the estimated rate of 2.134 c/kWh was excluded from electricity charges as at 01/07/2014.

Street Lighting	Peak (c/KWh)	Shoulder (c/KWh)	Off Peak (c/KWh)
Present to 31/12/2014 to Origin Energy (carbon inclusive)	5.683	5.683	2.665	Adopted 3 July 2012
01/01/2015 to 31/12/2016 to AGL Sales	3.4	3.4	3.4	Adopted 18 Dec 2013
01/01/2017 to 30/06/2017 to ERM Energy	5.6444	3.6087	2.9365	To be approved
01/07/2017 to 31/12/2017 to ERM Energy	5.8007	4.0388	3.0995	To be approved

Large Sites	Peak (c/KWh)	Shoulder (c/KWh)	Off Peak (c/KWh)	Comments
01/01/2012 to 31/12/2012 (carbon inclusive) to ERM Energy	6.5202	6.5202	2.7601	Adopted 3 July 2012
01/01/2013 to 30/06/2015 (carbon inclusive) to ERM Energy	7.2805	7.6098	5.0038	Adopted 3 July 2012
01/07/2015 to 31/12/2017 to ERM Energy	4.6226	4.7585	3.0161	To be approved

Conclusion

Electrical energy pricing is a significant operational cost to Council. While alternative and efficient use of energy can and will continue to be developed, the bulk of Council’s operations require a secure and reliable electrical energy supply.

The best way to secure competitive pricing is via collective tendering and in this way, gain some economies of scale. Council has done this through LGP and the resulting supply contracts are the subject of this report. The project will also enable all participating Councils to have a common end date, ensuring that when re-approaching the market in 2-3 years, the group will be even more viable as a market force.

ATTACHMENTS

Nil

Recommendation

1. That Council endorse the electrical energy supply contract for large sites to ERM Energy from 1 July 2015 to 31 December 2017.

2. That Council endorse the electrical energy supply contract for street lighting to ERM Energy from 1 January 2017 to 31 December 2017.

3. That Council endorse the action taken by officers in securing the contract.

Council 10 September 2014 Item 11.3

11.3. Bega Valley Local Traffic Committee Meeting 6 August 2014

This report recommends that Council adopt the advice of the Bega Valley Local Traffic Committee meeting held 6 August 2014.

Group Manager Transport and Utilities

Background

The Bega Valley Local Traffic Committee held a meeting on 6 August 2014, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.

ATTACHMENTS

Nil

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 6 August 2014 and approve the following:

Reboot in Bermagui – 27 & 28 September 2014

1 That the proposed traffic arrangements involving the Fun Run and the temporary closure of Lamont Street and Wallaga Streets on Saturday, 27 September 2014, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

3 That organisers fully implement an approved Special Event Transport Management Plan with an amendment to be made to the submitted Event Transport Management Plan to include “No Through Road” & “Parking Only” signs at the intersection of Lamont and Montague Streets to avoid traffic congestion.

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

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

Extension to 2 hour time restricted parking – Main Street, Merimbula

That Council approves the installation of 2 hour time restricted parking (8.30am to 6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) from the western edge of the existing No Stopping Zone adjacent to the Merimbula Woolworths to the eastern edge of the existing No Stopping Zone adjacent to the driveway to No. 88 Main Street, being a distance of approximately 100 metres.

That Council approves the installation of 2 hour time restricted parking (8.30am to 6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) from the western edge of the existing No Stopping Zone adjacent to Club Sapphire to the existing No Stopping Zone adjacent to the Club Sapphire car park entrance, being a distance of approximately 70 metres.

No Stopping Zone corner Elizabeth Street and Fishpen Road, Merimbula

That Council approve the placement of No Stopping zone signs on the northern side of the intersection of Elizabeth Street and Fishpen Road and extending the Fishpen leg to a distance of 17 metres.

Council 10 September 2014 Item 11.4

11.4. Road Closure - section of unformed laneway between Auckland and Little Church Streets in Bega

Council approval is sought to apply to Crown Lands to have the section of unformed laneway between Auckland and Little Church Streets in Bega closed and a title issued.

Group Manager Transport and Utilities

Background

A recent tree action request was lodged with Council and upon inspection it was determined that the tree was located on an unformed laneway between Auckland and Little Church Streets in Bega. It appears that over time opposite ends of the laneway have been closed and consolidated with adjoining property, leaving a section of laneway which is no longer accessible to the public. It has been determined that the section of laneway shown on the attached map known as Lot 1 DP 46922 was closed via Government Gazette on 11/05/1984 and the section within Lot 120 DP 1081538 was closed through possessory title application. Title Volume 153 Folio 225 (copy attached) indicates that the residue of the land is laneway, with Crown Lands confirming the laneway is Council Public Road. Council approval is sought to apply to Crown Lands to have the section of laneway formally closed and title issued, with the intention of negotiating a possible sale to adjoining neighbours.

ISSUES

Legal

If Council consent is received, a road closure application will be lodged with Crown Lands for processing. If approved by Crown Lands, Council will be required to have a plan of first title creation prepared by a registered surveyor, with title issue in the name of Bega Valley Shire Council to follow. As the land was classified as road prior to closure, the Lot would automatically revert to operational land under the Local Government Act and could be sold by Council if required.

Financial

As the road closure has been initiated by Council, the road closure application fee of $767.30 will be payable by Council, however it is anticipated that an eventual sale of the Lot created will cover all costs associated with the road closure and title creation process.

Conclusion

As the unformed laneway is no longer accessible without traversing privately owned land, it is considered that formal closure of the section of laneway should be requested.

ATTACHMENTS

1. Location map unformed laneway between Auckland and Little Church Streets in Bega

2 . Title Volume unformed laneway Bega

Recommendation

1. That Council approve the lodgement of a road closure application to formally close the section of unformed laneway between Auckland and Little Church Streets in Bega as indicated on the map attached to the report to Council of 10 September 2014.

2. That the Mayor and General Manager be authorised to execute the necessary documents and that if required, Council authorise its Seal to be affixed to any such document, under the signature of the Mayor and General Manager.

Council 10 September 2014 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 August 2014.

Group Manager Strategy and Business Services

Background

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

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines, published in May 2010, the 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 (the Act) determines that money may only be invested in a type 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 the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under section 625 of the Act.

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

Policy

Council holds an Investment Policy published under policy number 5.07. This Policy is reviewed every 4 years by Council and annually by Council staff.

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

Financial

The attached report indicates a current investment portfolio of $51,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	June 2014	July 2014	August 2014
General Fund	$27,090,726	$23,090,726	$27,090,726
Water Fund	$13,022,303	$13,022,303	$13,022,303
Sewer Fund	$10,886,971	$10,886,971	$10,886,971

In addition, there is $3,646,636.75 in uninvested funds in Council’s operating account.

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

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

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

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

Table 2: Restricted Cash and Investment by Fund

Funding source	External Restrictions ‘000	Internal Restrictions ‘000	Unrestricted ‘000	Total ‘000
General Fund	$9,800	$18,196	-$2,784	$25,212
Water Fund	$4,228	$8,794	$1,617	$14,639
Sewer Fund	$1,945	$8,942	$3,908	$14,795

The restrictions reported in Table 2 relate to 30 June 2013.

Council formally calculates its Restrictions as at 30 June each year. These Restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.

There have been expenditures between July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.

ATTACHMENTS

1. Investment Report August 2014

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 10 September 2014 Item 16.1

16.1. Cr Keith Hughes - Medicare GP co-payment

Background

For over 30 years Medicare has provided universal health coverage through the provision of bulk billing services from general practitioners and free public hospital treatment.

The proposed introduction of a GP co-payment by the Federal Government represents a significant shift away from universal health care and towards a user-pays system.

Health care experts have raised many objections to the proposed GP co-payment. These objections include triaging patients based on ability to pay rather than need for treatment; putting extra pressure on hospital outpatient services and recognition that the current system of GP bulk billing is the most efficient way of delivering front line health services to the community.

These pressures would also shift costs from Federal funding for GP consultations to State funding for hospital services. There is considerable doubt that the proposed GP co-payment level of seven dollars will cover the administration costs of collecting the co-payment.

Others have suggested that the GP co-payment is ‘the thin end of the wedge’ and will inevitably lead to higher payments in the future and the further erosion of Medicare’s universal healthcare ambitions.

Cr Keith Hughes

ATTACHMENTS

Nil

NOTICE OF MOTION

1. That Council write to the Federal Minister for Health, the Federal Leader of the Opposition, the Federal Leader of the Greens and the Federal Leader of the Palmer United Party to express Council’s opposition to the introduction of the proposed Medicare GP co-payment, for the reasons given above

2. That Council write to “Save Medicare” to indicate support for its ongoing campaign to stop the introduction of the Medicare GP co-payment

Map

About this Document	Disclaimer
This map has been created for the purpose of showing basic locality information over Bega Valley Shire Council. Property boundary line cadastral data is supplied by LPMA. Any error should be reported to the GIS Section, Bega Valley Shire Council.	This map is a representation of the information currently held by Bega Valley Shire Council. While every effort has been made to ensure the accuracy of the product, Council accepts no responsibility for any errors or omissions. Feedback on omissions or errors would be appreciated.

Council	10 September 2014
*Item 10.2 - Attachment 1*	*2014.09.10 SCT Funding Deed*

Council	10 September 2014
*Item 11.4 - Attachment 1*	*Location map unformed laneway between Auckland and Little Church Streets in Bega*

Council	10 September 2014
*Item 11.4 - Attachment 2*	*Title Volume unformed laneway Bega*

Council	10 September 2014
*Item 12.1 - Attachment 1*	*Investment Report August 2014*