Agenda of Council - 17 December 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, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

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

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

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

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

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

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

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

Signed
Print Name	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

17 December 2014

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 3 December 2014 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

Recommendation

That the leave of absence from 1 December 2014 to 31 January 2015 requested by Cr McBain be accepted.

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 Cr Ftizpatrick.

8.1 Report on exhibition of Planning Proposal - Detached Dual Occupancy Development in Rural Zones 10

8.2 Finalisation of Planning Proposal to Reclassify Certain Council Land.................................... 14

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

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

9.1 Formation of S355 General Sportsground Committee............................................................. 22

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

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

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 Cr Taylor.

11.1 Merimbula Effluent Management Strategy EIS - Engagement of NSW Public Works Manly Hydraulics Laboratory....................................................................................................................................... 38

11.2 Merimbula Lake and Back Lake Flood Study at Merimbula - RFT 53/14............................... 44

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 Cr Mawhinney

12.1 Tathra and Merimbula Wharves Risk Assessment ................................................................... 50

12.2 Public Liability and Professional Insurance Excess................................................................... 75

12.3 Statewide Mutual Insurance Rebate........................................................................................... 78

12.4 Delegations Register - Part 1........................................................................................................ 80

12.5 Actions from Resolutions of Council - Status Report................................................................ 99

12.6 Boundary Adjustment - Tanja RFS Site...................................................................................... 118

12.7 NSW Local Government reform update - Fit for the Future................................................. 121

12.8 Major Projects update.............................................................................................................. 128 .

13 Staff Reports – Finance (Leading Organisation)

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

13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 131.

14 Adoption of Reports from Standing Committees

Recommendation

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

15 Delegates Reports

15.1 SERAS Board Meeting November 2014.................................................................................... 137

16 Rescission/alteration Motions

17 Notices of Motion

17.1 Portrait of the Queen.................................................................................................................. 139

18 Urgent Business

19 Questions On Notice

19.1 Question on Notice from Cr Tapscott - Pambula Pony Club.................................................. 141

19.2 Cr Hughes - Kisses Lagoon rehabilitation................................................................................. 142

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 145

22.3 Code of Conduct

This report is confidential in accordance with section 10A (2) (a) (i) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals; AND the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

22.2 Proposed Acquisition part Lot 111, Dp 623470, Palmer Lane

This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND 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.

22.3 Proposed Acquisition part Lot CP SP 74126, Palmer Lane

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council 17 December 2014

Item 8.1

8.1. Report on exhibition of Planning Proposal - Detached Dual Occupancy Development in Rural Zones

The purpose of the report is to detail the outcomes of the public exhibition of the Planning Proposal to permit Detached Dual Occupancy development in the RU1 Primary Production and RU2 Rural Landscape Zones.

Group Manager Planning and Environment

Background

Council at its meeting held on 9 July 2014 gave consideration to a report recommending the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) be amended to permit Detached Dual Occupancy development in rural zones. The resolution of that Council meeting included the following:

“1. That Council staff prepare a planning proposal to permit detached dual occupancies as a permitted use with consent in the RU1 and RU2 Land Use Tables of BVLEP 2013.

2. That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination.”

Exhibition of Planning Proposal

Council received a Gateway Panel approval for the Planning Proposal and delegation to make the plan under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Infrastructure on 23 September 2014. In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 14 days from 5 November to 21 November 2014.

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to government agencies.

The Gateway Determination required consultation with the Rural Fire Service. Other Government agencies notified included NSW Office of Water, NSW Department of Primary Industries, NSW Office of Environment and Heritage and NSW Trade and Investment Resources and Energy.

A total of six submissions were received, five from government agencies and one public submission.

A copy of the submissions will be tabled at the Council meeting.

Discussion of Submissions

No objections to this Planning Proposal were received during the exhibition period.

The following section details the issues raised in the six submissions received.

• NSW Rural Fire Service raised no objections to the Planning Proposal, however asked that Council give consideration to the fact where a dual occupancy is proposed, it is assumed the proposal will be subdivided and such will be assessed as if submitted under Section 100B of the Rural Fire Act for a Bushfire Safety Authority.

Staff Comment:

Future subdivision of a detached dual occupancy would be prohibited unless the minimum subdivision lot size under BVLEP 2013 was able to be met. If subdivision was permissible, the proposal would be assessed under Section 100B of the Rural Fire Act.

· NSW Office of Water raised no objections to the Planning Proposal, however asked that Council give consideration to the fact that enabling detached dual occupancy development in proximity of existing rural dwellings could potentially increase Basic Landholder Right water extraction from rivers and creeks for domestic use.

Staff Comment:

‘Dual Occupancy (attached)’ and ‘Rural Workers Dwellings’ are permissible with consent in the RU1 Primary Production and RU2 Rural Living zones under Clause 2.3(1) of BV LEP 2013. This Planning Proposal would enable flexibility when locating and building an additional dwelling, but would not increase the number of dwellings already permitted under BVLEP 2013.

· NSW Department of Primary Industries raised no objections to the Planning Proposal, however asked that Council give consideration to development approved as a result of the Planning Proposal may increase the risk of land use conflicts, particularly with intensive agriculture developments such as dairying.

Staff Comment:

To minimise the potential adverse impacts of additional dwellings on existing farming operations and the amenity of the rural landscape, it is proposed the following clause be adopted that specifies the criteria for consideration of approval of a detached dual occupancy in the RU1 and RU2 zones.

“... Development consent must not be granted to development for the purpose of a dual occupancy (detached) on land in Zone RU1 Primary Production or RU2 Rural Landscape unless the consent authority is satisfied that:

a) the development will not impair the use of the land for agriculture or rural industries, and

b) each dwelling will use the same vehicular access to and from a public road, and

c) each dwelling will be situated within 100 metres of each other, and

d) the land is physically suitable for the development, and

e) the land is capable of accommodating the on-site disposal and management of sewage for the development, and

f) the development will not have an adverse impact on the scenic amenity or character of the rural environment.”

· NSW Office of Environment and Heritage raised no objections to the Planning Proposal, however asked that Council give consideration to the need for further removal of native vegetation that may be required as a result of the Planning Proposal.

Staff Comment:

Any potential impact on native vegetation would be assessed as part of the Development Application process. However, it is considered any potential impact would be minimal as any detached dwelling would be required to be located within 100m of an existing dwelling and use existing services including the same access road, therefore limiting the need for vegetation removal.

· NSW Trade and Investment Resources and Energy raised no objections to the Planning Proposal, however asked that Council give consideration to development approved as a result of the Planning Proposal may increase the risk of land use conflicts, particularly with intensification of dwellings in the vicinity of operating mines and quarries.

Staff Comment:

Any land use conflict with existing approved mines or quarries would be considered as part of the Development Application process.

The following issue was raised in public submissions:

· Council should give consideration to the imposition of the condition to limit the location of one dwelling to within 100m proximity of the other which may be too restrictive in terms of privacy and space.

Staff Comment:

The 100 metre separation was based on achieving two dwellings within reasonable proximity to each other given potential topographic constraints, whilst clustering development on a lot for the purposes of service provision and access.

It is acknowledged there may be concerns with specifying a numerical standard as to how far the second dwelling is to be located from the first. However, it is considered it is important to specify a distance to ensure such accommodation does not conflict with, or affect the viability of existing or potential agricultural activities, rural industries and to limit any vegetation removal.

Council would be able to consider a variation to this 100m standard in accordance with Clause 4.6 ‘Exceptions to Development Standards’ of BVLEP 2013.

Conclusion

The Planning Proposal provides for ‘dual occupancies (detached)’ or ‘secondary dwellings’ in the RU1 Primary Production and RU2 Rural Landscape zones to improve housing options for rural residents and support for farmers with succession planning.

Council staff has considered the issues raised in the submissions, including those from government agencies, however it is considered no change to the Planning Proposal (as exhibited) is warranted.

Attachments

Nil

Recommendation

1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013.

2. That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3. That all those persons who have made submissions be advised of the above.

Council 17 December 2014

Item 8.2

8.2. Finalisation of Planning Proposal to Reclassify Certain Council Land

The purpose of this report is to detail the outcomes of the public exhibition and public hearing of the Planning Proposal to reclassify various parcels of Council land from ‘Community land’ to ‘Operational land’ and rezone part of Lot 182 DP 1100739 and Lot 2 DP 569005 to R2 Low Density Residential.

Group Manager Planning and Environment

Background

The majority of Council land is classified as either ‘Community land’ which is generally open to the public (for example, parks, reserves or sports grounds) or ‘Operational land’ which may be used for other purposes (for example, as works depots or garages, or held by Council as a temporary asset). ‘Classification’ of public land refers to the process when this land is first acquired and first classified as either ‘operational land’ or ‘community land’. ‘Reclassification’ of public land refers to the process of changing the classification of ‘operational’ land to ‘community’ land or from ‘community’ land to ‘operational’ land.

Depending on the circumstances, Council land is classified or reclassified by either a resolution of Council under section 31, 32 or 33 of the Local Government Act 1993, or a Local Environmental Plan (LEP) under the Environmental Planning and Assessment Act 1979.

Where classification or reclassification is proposed through an LEP process, Council must prepare a Planning Proposal to include the land in Schedule 4 of Bega Valley Local Environmental Plan (BVLEP) 2013. In addition to the usual requirements for public exhibition of a Planning Proposal, the Local Government Act 1993 also requires a public hearing is held after the public exhibition when ‘Community land’ is proposed to be reclassified as ‘Operational land’.

The following section of this report details a number of Council properties identified by previous Council Resolution for inclusion in Schedule 4 of BVLEP 2013 through the Planning Proposal process.

Lot and DP

Location

Existing Use

Reason for Reclassification

Council Meeting Date

Council Resolution

Lot 11

DP 735675

Waterloo Creek Road, Brogo

Water pump station

To regularise existing use

16 April 2014

· That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013

· That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination

Lot 1 DP 1037443	Cnr Imlay & Mitchell Streets, Eden	Public building and car park	To regularise existing use	16 April 2014	· That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 · That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination
Lot 949 DP 810986	Main Street, Merimbula	Car park	To regularise existing use	16 April 2014	· That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 · That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination
Lot 299 DP 1151525	Snowy Mountains Highway, Numbugga	Fire shed	To regularise existing use	16 April 2014	· That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 · That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination
Lot 14 DP 249924	Moore Wrens Road, Tarraganda	Public Reserve	To enable a permanent lease agreement with adjoining owners to enable water access from the Bega River	16 April 2014	· That Council prepare a Planning Proposal to amend Schedule 4 Part 2 of the BVLEP 2013 · That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination
Lot 158 DP 1140729	Tura Beach Drive, Tura Beach	Vacant Tura Tavern Building	To facilitate the establishment of a number of uses for the tavern building including branch library, office space, work room, community meeting room etc.	12 June 2013	· That the General Manager be authorised to bid at auction or negotiate in private treaty for the acquisition of the Tura Tavern property, being Lot 158 DP 1140729 · If successful at auction, the General Manager be authorised to execute the contract at time of sale, for co-signing by the Mayor with associated documents executed under Council seal · If acquired, the property be classified as operational land
Lots A & 12 DP 201599, Lot 1 DP 163768 and Lot 2 DP 91361	Market Street, Merimbula	Vacant Mobil Service Station Site	To enable the construction of the Central Business District bypass and intersection and possible future sale, lease or development of the remainder of the site.	20 March 2013	· That Council resolve under section 31(2) of the Local Government Act to classify the land at 25-27 Market Street Merimbula as operational land
Part Lot 182 DP 1100739 and Lot 2 DP 569005	Lake Street, Merimbula	Public Reserve	To rectify an encroachment issue of building over Public Reserve. This portion of Lot 182 DP 1100739 is proposed to be reclassified to ‘operational land’ and rezoned R2 Low Density Residential. (Figure 1 illustrates Lot 2 DP 569005 and the part of Lot 182 DP 1100739 that is proposed to be reclassified and rezoned).	12 June 2012	· Appendix 2 – Support (or partial support) for the submission request, however, due to the nature of changes proposed re-exhibition would be required. Land subject to the submissions is to be identified as a ‘deferred matter’ in the CLEP. Staff are to prepare Planning Proposals seeking to amend the CLEP, once adopted, in accordance with Council’s resolutions and a “gateway determination” by the Minister for Planning prior to re-exhibition · In relation to the subject land, Appendix 2 contained the following resolution - exhibit re-classification of small portion of reserve to operational land with all costs to be borne by the applicant

Figure 1: Proposed Zone – Part Lot 182 DP 1100739 and Lot 2 DP 569005 Lake Street, Merimbula

Planning Proposal: Reclassification of Council Land

Council received a Gateway Determination for the Planning Proposal under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Environment on 9 July 2014. Because the Planning Proposal includes the reclassification of Council land, Council cannot have delegation to make the plan under section 59 of the Environment Planning and Assessment Act 1979 and the plan must be finalised by the Minister for Planning and Environment.

In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 28 days from 1 August to 29 August 2014. The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to adjoining land owners. No public submissions were received.

The Gateway Determination did not require consultation with any public authorities or Government Agencies under section 56(2)(d) of the Environmental Planning and Assessment Act 1979.

A Public Hearing was held on 21 October 2014 in accordance with section 57 of the Environmental Planning and Assessment Act 1979. The public hearing was notified on Council’s website, in local newspapers and in writing to adjoining land owners. The Report of Public Hearing conducted by Garret Barry Planning Services will be tabled at the Council meeting. Two members of the public attended the hearing.

Discussion of Public Submissions

No public submissions were received during the exhibition period.

Discussion of Public Hearing

Representation was received at the Public Hearing in relation to Lot 158 DP 1140729 Tura Beach Drive, Tura Beach.

Two members of the public addressed the hearing together and advised they were making a submission both in their own right and on behalf of the Body Corporate of the Tura Beach Shopping Centre 40176 as they are the owners of units 4, 5 and 6 within the centre.

The following issues were raised in their submission:

· The car parking capacity of Lot 158 DP 1140729 may not be sufficient for the range of uses proposed therefore leading to excessive pressures on the shopping centre car park.

Staff comment:

Car parking provisions were assessed for the development of the Tura Beach Tavern which required a minimum of 55 car spaces to be provided onsite in accordance with the then Development Control Plan No. 7 – Car parking. The applicant provided a total of 57 onsite car spaces.

In broad terms, it is considered likely the 57 car spaces currently provided onsite is adequate to accommodate the proposed future uses including branch library, office space and community meeting rooms. This is based on previous traffic surveys and car parking requirements for similar uses including the Merimbula Library. The specific parking requirements for the proposed uses of the site will be fully assessed as part of the Development Application process in accordance with the requirements of Bega Valley Development Control Plan 2013.

· The potential of enabling commercial uses of the site may result in excessive or unfair competition with the adjoining Tura Beach Shopping Centre.

Staff comment:

Given the land is zoned B1 Neighbourhood Centre under BVLEP 2013, it was open to the market for anyone to acquire and convert the building to a range of competing commercial uses. However Council’s acquisition of the site for the proposed community uses will likely attract potential customers to the benefit of the adjoining shopping centre.

· The site should remain community land and be limited to community use and at a scale that does not adversely impact on the Tura Beach Shopping Centre Body Corporate area.

Staff comment:

The proposed community uses for the site are likely to increase activity in the area and generate business for the Tura Beach Shopping Centre.

Conclusion

Planning staff has considered the issues raised in the submissions to the Public Hearing and conclude there are likely to be significant benefits of the proposed Council operations to adjoining businesses.

It is considered Council would be unreasonably constrained by being limited to the land use scope of a ‘Community land’ classification for Lot 158 DP 1140729 and the reclassification to ‘Operational land’ will strengthen the local services provided to the Tura Beach District from this proposed Council facility.

No changes to the Planning Proposal as exhibited are recommended.

Attachments

Nil

Recommendation

1. That Council resolves to adopt the amendments to Schedule 4 of Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal to reclassify the following lots from ‘Community land’ to ‘Operational land’:

1.1 Lot 11 DP 735675 Waterloo Creek Road, Brogo

1.2 Lot 1 DP 1037443 Cnr Imlay and Mitchell Streets, Eden

1.3 Lot 949 DP 810986 Main Street, Merimbula

1.4 Lot 299 DP 1151525 Snowy Mountains Highway, Numbugga

1.5 Lot 14 DP 249924 Moore Wrens Road, Tarraganda

1.6 Lot 158 DP 1140729 Tura Beach Drive, Tura Beach

1.7 Lots A and 12 DP 201599, Lot 1 DP 163768 and Lot 2 DP 91361 Market Street, Merimbula

1.8 Part Lot 182 DP 1100739 Lake Street, Merimbula as identified in Figure 1 of this report.

2. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 to zone Lot 2 DP 569005 and that part of Lot 182 DP 1100739 identified in Figure 1 of this report, as R2 Low Density Residential and apply a 550sqm minimum lot size, 7.5m height limit and 0.5:1 floor space ratio.

3. That Council requests the Minister for Planning and Environment finalise the plan under section 59(2) of the Environment Planning and Assessment Act 1979.

4. That those persons who attended the Public Hearing be advised of the above.

Council 17 December 2014

Item 9.1

9.1. Formation of S355 General Sportsground Committee

Council endorsement is sought to form the S355 General Sportsground Committee, following the establishment of the individual Community Sportsground Committees earlier in the year.

Group Manager Community, Relations and Leisure

Background

As previously reported, Council relies heavily on volunteers to nominate for a variety of facility management and service advisory committees. The willingness of local people to contribute their time and effort is a determining factor in the Council’s capacity to maintain the range of facilities enjoyed by the broader community.

Council has adopted a framework for those committees managing facilities under delegation. This is based on two levels of committees –Community Committees responsible for the day to day management and operations of individual sites and S355* General Committees are representative of those community committees. This structure has been set up for Council Halls and Cemeteries and is operating well after some teething problems and some key learnings (*S355 is a reference to the relevant Section in the Local Government Act 1993 (the Act) enabling Council to exercise its functions by a Committee).

In line with the hierarchy identified in Council’s Recreation Asset Management Plan (RAMP), Council staff have been working with the regional and district level sportsground users to establish Community Sportsground Committees under the new structure, and to develop Facility Management Plans that set out responsibilities and requirements for the ongoing management and maintenance of the identified regional and district level sportsground. The Community Sportsground Committees were endorsed at the 16 April 2014 Council meeting and the draft Sportsground Facility Management Plans were presented and noted by Council at the 30 July 2014 Council meeting.

The S355 General Sportsground Committee will be the peak advisory body representing regional and district sportsground users. It will provide input and information to Council on the operation, maintenance and management of facilities identified as regional and district sportsgrounds within the Shire. The Committee is chaired by a Councillor, with membership consisting of two representatives from each Community Sportsground Committee, with the exception being George Brown Oval in Eden which has one representative due to lower use by comparison to other facilities. The S355 General Sportsground Committee is governed by the Act.

Council, at this time, has seven Community Sportsgrounds Committees, each requiring a minimum of five members and a maximum of 12. The individual Community Sportsgrounds Committees do not have nor require a Councillor delegate in order to function.

Change to nominations process for the S355 Committee

Currently nominees for S355 General Committees are reported separately to Council for adoption. In an effort to simplify the process, and as all members of the individual Community Sportsgrounds Committees have already been endorsed by Council, it is recommended each Community Sportsground Committee nominate its representative/s to be on the S355 General Sportsground Committee annually, in line with the process for electing Committee chairs, secretaries etc. This will give different Community Committee members an opportunity be on the S355 General Committee and will give each Community Committee the delegation to nominate members to the S355 General Committee. Names of the delegates to the S355 General Sportsground Committee will be reported to Council each year via the S355 General Committee minutes.

Issues

Legal

In the Act, section 355(b) states the Council can exercise its functions by a committee of the Council. Such committees need not be committees established under clause 260 of the Local Government (General) Regulation 2005. If so Part 10 of the Regulation does not apply to the committees. The members of such committees may therefore be wholly comprised of persons who are not staff or Councillors of the Council.

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

Policy

The roles and responsibilities of the S355 General Sportsgrounds, and the Community Sportsground Committees are outlined in the Sportsground Committee Guidelines attached to this report. The main objectives are outlined in the Register of Delegations Part 1 S355 General Sportsground Committees and also Community Sportsground Committees.

Asset

The individual Community Sportsground Committees currently coordinating respective sporting competitions and associations within the Bega Valley Shire are invaluable. Without the input of these volunteer committees, Council would require significant additional resources to operate and maintain these facilities.

There is no doubt the Community Sportsground Committees and Council have access to differing resources. Links and coordination opportunities enabled through the S355 General Sportsground Committee will enable Council and the community to best utilise the resources available in the most efficient provision of sportsground assets to the broader community.

Social / Cultural

Volunteerism is a key feature of the Bega Valley Shire community. This has been recognised by Council. Supporting volunteers will continue to be a major focus for Council.

Strategic

The management of sportsgrounds and support of volunteer management committees are identified in Council’s Community Strategic Plan (CSP) and are implemented through delivery and operational plans, as well as specific asset management plans.

Consultation

Consultation was undertaken in the development of the Individual Community Sportsground Committee Guidelines. The Guidelines for the S355 General Sportsground Committee reflect those previously adopted for General Halls and Cemetery committees.

Financial

There is no direct financial impact from this appointment process. There may be financial and or service level advantages achieved through better coordination and utilisation of skills and resources.

Resources (including staff)

The nomination process and subsequent induction and training for successful nominees will be provided by Council staff whose role includes providing ongoing support for committee members to carry out their delegations.

Conclusion

The S355 General Sportsground Committee is the key advisory body for our regional and district level sportsgrounds. The formation of the Committee will complete the establishment of our committee structure for sportsgrounds.

Attachments

1 . Draft S355 General Sportsground Committee Guidelines attachment to Formation S355 General Sportsground Committee

Recommendation

1. That Council endorse the establishment of the S355 Sportsground Committee.

2. That Council authorise staff to amend the S355 Committee Guidelines as requested to reflect the change to the nomination process.

Council	17 December 2014
*Item 9.1 - Attachment 1*	Draft S355 General Sportsground Committee Guidelines attachment to Formation S355 General Sportsground Committee

1 Preface

Bega Valley Shire Council recognises the essential and active role community members play in the provision of services to our community. One of the key roles that community members play in Council operations is the management of community facilities, including the sportsgrounds available across the Shire for the use and enjoyment by the local community.

The operations of Council committees are governed by a range of legislative, policy and procedural requirements. These guidelines have been developed by Council to provide an operating framework for the S355 General Sportsground Committee. This committee comprises of representatives from each of the individual Community Sportsground Committees as well as a Councillor who chairs the meetings. A Council officer offers a secretariat function to the committee. These guidelines include information on the roles and responsibilities members of this committee accept as delegates of Council and the scope and limitations of the committee.

1.1 Review

These documents will be reviewed and amended by Council as required.

All committee suggestions and feedback is welcome and should be forwarded to Council to ensure consideration in the review process. Correspondence can be forwarded to council@begavalley.nsw.gov.au or PO Box 492 Bega NSW 2550.

1.2 Support

Although these guidelines are designed to give members an understanding of the committees’ operating framework, Council is committed to ensuring that committees have access to the support needed to fulfil the committee’s roles and responsibilities.

Any questions or requests for assistance should be directed in the first instance to Council on 6499 2222.

2 Introduction

2.1 Council’s Sportsground management system

Sportsground and other buildings available for use by the community are important places for our community to engage in social, artistic, cultural, educational and recreational activities.

Council’s Sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities.

Council recognises that the number and quality of these Sportsground could not be provided to the community without the efforts of Committees and the wide range of volunteers who assist the committees in their work in managing and maintaining the facilities.

Council has implemented the committee management system outlined in this document to assist committees with their involvement in overseeing maintenance, use and development of our community’s sportsgrounds.

Adherence to these guidelines helps ensure that all committee members:

· have the information and tools required to operate within the limits of the responsibilities delegated to them by resolution of Council;

· have the information and tools to operate within the legislative and government frameworks we must operate in; and

· and volunteers are adequately covered by insurance.

These guidelines also clarify Council’s roles and responsibilities in this important community/government partnership. It is this Committee / Council partnership that helps provide the best possible ongoing provision of Sportsgrounds for use by our local community.

2.2 Implementation of these guidelines

Once these guidelines are adopted by resolution of Council, they will accompany the Community Sportsground Committee Guidelines and Operations Manual to act as a guide in the overall management of the Shires Sportsgrounds.

All Committee members must have access to these guidelines. A copy of the guidelines will be provided to all members of this committee at their induction meeting. Additional copies of the guidelines are available from Council and on the Council website.

It should be noted by Council and committees that the absence of guidelines for specific activities in this, or related documents, must not be taken as an absence of any required procedures or responsibilities and as such, committees with questions not specifically addressed should be directed in the first instance to Council on 6499 2222.

2.3 Key dates for committees

The General Sportsground Committee will meet four times per year. The committee meetings will be held in the Council office in Bega in February, May, August and November each year. Each meeting will focus on a key aspect of facilities management. These include:

· Operations – Responsibilities, coordination, programing, developing efficiencies.

· Budgeting – Income and expenditure review. Operational, Maintenance and Capital.

· Service Levels and Reporting – Review of operations performance, community feedback and opportunity for improvements in provision. Provide information to Council relating to the use and management of facilities for review and comparison to be used in developing improvements and efficiencies where practical and achievable.

· Income, Fees and Charges – Review of income generated through Sportsgrounds with the aim of ensuring consistency, equity and balance between users and facilities across the shire.

3 The legalities of Committee operations

3.1 The legal position of committees

Council’s Sportsground Committee’s management structure is based on two levels of committees, the General Sportsground Committee (a Section 355 committee) and a Community Sportsground Committee for each individual sportsground managed by the community of behalf of Council.

The Local Government Act 1993 (‘the Act’) is the legislative framework that outlines how Council can exercise its functions in respect to the operation of a wide range of community services and facilities.

Council’s Section 355 General Sportsground Committee is the advisory body constituted under Section 355 of the Act. This committee is made up of nominated representatives from each of the individual Community Sportsground Committees and is chaired by a Councillor. The delegated functions of this committee are outlined in section 3.5 of this document and also in Council’s Delegations Manual.

A key section of the Act relevant to the delegation of authority by Council to Committees is Section 377. Section 377 provides that certain functions may be delegated to a committee and also outlines which activities Council cannot delegate.

Relevant sections of the Act, including Sections 355 and 377 are available on Council’s website.

Full text of the is available from Council or online at: http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/

As Council has delegated authority to the committee to act on Council’s behalf, this authority may be withdrawn or altered as deemed necessary by resolution of Council or in writing by Council’s General Manager or his/her representative.

3.2 Sportsgrounds committee hierarchy

COUNCIL

Delegates functions to

Section 355 General Committees

The following table shows the structure of the Council committees and lists the name of each of the individual Sportsground community committees for facilities managed under this framework.

SECTION 355

GENERAL SPORTSGROUND COMMITTEE

Members representatives from

Individual Community Sportsground Committees

INDIVIDUAL

COMMUNITY SPORTSGROUND COMMITTEES

3.3 Related Council policies and procedures

Policies and procedures are essential to ensure that legal, fair and consistent decisions are made across Council operations. Policies and procedures support Council in achieving its corporate objectives, including deliverables identified in the Community Strategic Plan, and provide crucial guidelines for Councillors, staff and other stakeholders.

This document aims to provide details of the steps that committees need to follow to meet the requirements of Council policies and procedures.

A copy of all related Council policies and procedures are available from Council or online at www.begavalley.nsw.gov.au/Your_Council/Policies/Policies.htm

Council officers are also available to answer questions and assist committees with policies and procedures that are essential to ensure that legal, fair and consistent decisions are made across Council operations.

3.4 Committee correspondence and communications

Correspondence from Council S355 committees is effectively correspondence from the Council as the committee acts on Council’s behalf as delegates of Council.

The following guidelines are provided for all committees to use in correspondence and communications to ensure appropriate representation on behalf of Council:

· Committees may write to any person, body, organisation or agency in the pursuit of information which, in the committee’s opinion is an integral part of information and data gathering and collecting to enable the committee to be best placed to advise the Council on a matter within the committee’s delegations.

· Committee may write or otherwise communicate with any person, body, organisation or agency on any other matters within the committee’s delegations which are not of a contentious nature. A contentious matter is taken to be a matter which has the potential to be derogatory, unseemly, not in the public interest, or likely to erode public confidence in the Council.

· Committees may not represent or imply a representation of the views of Council without express authorisation of Council’s General Manager or his/her representative.

3.5 Committee roles and responsibilities

The roles and responsibilities of the S355 General Sportsground Committee as delegated by resolution of Council are to:

· Make recommendations to Council on any aspect of sportsground management and/or sportsground operations;

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

· Advise Council of the membership of individual sportsground community committees;

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

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

3.6 Committee membership

3.6.1 Community Sportsgrounds Committee Membership

Council, at this time, has seven Community Sportsgrounds Committees, each requiring a minimum of five members and a maximum of 12. The members are nominated from representatives of each organised regular user group of the facility. Committee composition will demonstrate an equity in representation between facility users. Community Sportsground Committee nominations will be reported to Council for appointment. The term of Community Sports Ground Committee appointments will be for the same term as the Council who appointed committee members with the addition of an extra three months leeway following the general election of Councillors.

The individual Community Sportsgrounds Committees do not have nor require a Councillor delegate in order to function.

3.6.2 Section 355 General Sportsground Committee Membership

The Section 355 General Sportsground Committee is chaired by a Councillor, with membership consisting of two representatives from each Community Sportsground Committee, with the exception being George Brown oval in Eden which has one representative due to lower levels of use by comparison with the Community Committee sites. S355 Committees are governed by the Local Government Act 1993.

Members of the General Sportsground Committee will be appointed by Community Sportsgrounds Committees, the members of which have already been endorsed by Council. It is recommended that each Community Sportsground Committee nominate its representative/s to be on the S355 General Sportsground Committee annually – in line with the process for electing Committee chairs, secretaries etc. This will give different Community Committee members an opportunity be on the General Committee and will give each Community Committee the delegation to nominate members to the General Committee. Names of the delegates to the S355 General Sportsground Committee will be reported to Council each year via the S355 General Committee minutes.

A Council officer provides a secretariat function to this committee.

3.7 Meeting procedures

3.7.1 Meeting frequency

The General Sportsground Committee will meet four times a year in February, May, August and November unless otherwise advised by a Council officer.

3.7.2 Meeting notification

Although meeting dates are predetermined, as a reminder, notification of General Sportsground Committee meetings will be made in writing providing four weeks notice of the next meeting date.

3.7.3 Reimbursement of petrol expenses

The cost of petrol incurred by the General Sportsground Committee members to attend General Sportsground Committee meetings will be reimbursed using the rates provided in council’s schedule of fees and charges which is available from council or online at: http://www.begavalley.nsw.gov.au/Your_Council/Fees/fees&charges.pdf

3.7.4 Quorum

The quorum of a Section 355 committee meeting shall be a majority of members of the Committee. The majority is taken to be one half of the number of the committee members rounded up to the next number (i.e. in the case of twelve members, the quorum is seven).

3.7.5 Record keeping and public access to information

Under the Government Information Public Access Act (‘the GIPA Act’), Section 355 committee meeting notices and minutes of meetings are required to be published on Council’s website.

Draft minutes of the S355 General Sportsground Committee will be provided to committee members within one week of the meeting date (where possible) and confirmed at the next meeting of the committee.

3.7.6 Code of Conduct and Code of Meeting Practice

Council recognises the importance of being transparent in all its dealings, and has adopted a Code of Conduct and Code of Meeting Practice to be observed by all Section 355 Committees. These codes detail the appropriate behaviours of committee members and the obligations of committee members should a conflict of interest or pecuniary interest arise.

In order to assist committee members, definitions of conflict of interest and pecuniary interest are provided below:

a) A conflict of interest exists when a committee person has to deal in a matter in their public capacity, which is also a matter where the person:

· has a private interest arising out of kinship, friendship, membership of an association, society or trade union, or involvement or interest in an activity; or

· could reasonably be perceived by others as one in which a conflict of interest could possibly exist.

b) A pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom that person is associated.

In the event of a committee member feeling that they may have a conflict of interest or pecuniary interest, it is their obligation to ensure that they comply with the Council Code of Conduct and the Council Code of Meeting Practice.

The appropriate procedure for handling conflicts of interest or pecuniary interests is for that person to declare the interest and taking no part in discussion or voting on the matter under discussion. This may include the necessity for the person to leave the meeting while the agenda item is addressed.

Full copies of Council’s Code of Conduct and Code of Meeting Practice and are available from Council or online at: http://www.begavalley.nsw.gov.au/Your_Council/Policies/Policies.htm

Committee members should be aware that conflicts of interest and pecuniary interest are also governed by Part 2, Division 1 of the Act and there may be serious consequences for breaching these conditions.

3.8 Insurances

Committee members and volunteers at Council facilities are covered by a range of insurances.

Committees must note that the following insurances do not preclude the committee from due diligence and the requirement to follow all relevant council policies and procedures as well as the guidelines included in this operations manual.

3.8.1 Public Liability Insurance

As committees are appointed under the provisions of the Act, committee members are automatically included in Council's insurance coverage, which are:

· Public liability. Public liability insurance protects committee members and Council against financial risk of being found liable to a third party for death or injury, loss or damage of property or ‘pure economic’ loss resulting from the individuals negligence.

· Professional indemnity. Professional indemnity insurance protects committee members and Council from legal action taken for losses incurred as a result of the committees’ professional advice.

Members of committees should note that they are only covered by the above insurances when acting within the scope of their delegation.

The following general information applies to the public risk policy:

(a) The public risk policy covers Council and the committee against claims made by members of the public for personal injury or injury to personal property arising from a negligent act or omission of Council and/or the s355 committee.

(b) When an accident occurs, members of the committee are instructed that they are not empowered to admit liability. For action to be taken in these circumstances the claimant should contact Council directly on 6499 2222.

3.8.2 Personal accident insurance

Council has arranged a personal accident policy to cover committee members and inducted volunteers.

The following benefits relate to the Personal Accident Insurance Policy where volunteers do not have personal insurances:

(a) Capital $300,000.00

(b) Weekly $4,000.00

Council 17 December 2014

Item 11.1

11.1. Merimbula Effluent Management Strategy EIS - Engagement of NSW Public Works Manly Hydraulics Laboratory

Reporting on the proposed upgrading of the Merimbula Sewage Treatment Plant to improve effluent quality; and construction and operation of a deep water ocean outfall for the disposal of effluent not able to be beneficially reused.

Group Manager Transport and Utilities

Background

On 25 June 2014 Council resolved that the Environmental Impact Statement (EIS) process for Merimbula Effluent Management Strategy be commenced and the projects to be assessed include: upgrading Merimbula Sewage Treatment Plant to improve effluent quality; and to construct and operate a deep water ocean outfall for the disposal of effluent unable to be beneficially reused.

For the deep water ocean outfall to proceed to construction, an assessment of oceanographic conditions and ocean water quality needs to be undertaken to support EIS data requirements.

This report recommends engagement of NSW Water Solutions – Manly Hydraulics Laboratory (MHL) to carry out the oceanographic work.

Merimbula Sewage Treatment Plant (“Merimbula STP”) is owned and operated by Bega Valley Shire Council. It services the localities of Merimbula, Pambula, Pambula South and Pambula Beach.

Treated effluent from Merimbula STP is beneficially reused to irrigate Pambula Merimbula Golf Course and a nearby rural property known as “Oaklands”. The balance of treated effluent unable to be beneficially reused is discharged to exfiltration ponds located in the sand dunes east of the plant and to Merimbula Bay via a shore based outfall.

NSW Environment Protection Authority (EPA) has asked Council via its Merimbula STP Environment Protection Licence, to seek necessary approvals to construct a deep water ocean outfall and upgrade the Merimbula STP to rectify the shortfalls of current effluent management arrangements.

For the EIS process to commence a large amount of water quality and oceanographic data is required to be collected. There is no oceanographic data available for the Merimbula area. This EIS process will also require a concept design for the outfall be developed to allow the impact to be realistically assessed. Over the last three months Council has worked with NSW EPA and consultants to design data gathering programs to support the EIS process. The water quality program has commenced and the proposed oceanographic monitoring is detailed in the attached confidential proposal from MHL.

The proposed oceanographic monitoring program has been derived from extensive experience in ocean outfall monitoring, the existing Council hydrodynamic model and discussions with NSW EPA on 9 September 2014.

The monitoring program will provide continuous data on ocean currents and water temperatures throughout the water column from two deep-water, 90m and 120m depths locations, representative of the East Australia Current (EAC) and one local representative near-shore location, 30m depth, within the Merimbula Bay study area and two field exercises within Merimbula Bay.

The deep-water data will be derived from augmentation of the existing University of NSW - Sydney Institute of Marine Science (SIMS) buoys and include continuous measurement of ocean currents and temperatures for the full water depth.

Scope of Oceanographic Program

The following activities will be undertaken as part of the work:

· Provide offshore water temperature and velocity data over a 12 month period to characterise the EAC offshore boundary conditions for hydrodynamic and water quality modelling.

· Provide continuous measurement of currents, salinity and temperature data at a representative near-shore location within the Merimbula Bay study area.

· Provide representative spatial distributions of currents and water quality profiles within the study area for calibration of the hydrodynamic model.

· To provide a direct measure of the local ocean turbulence and far-field dispersion characteristics near the proposed deep ocean outfall in the Merimbula area.

The full scope of works can be perused in Section 3 of the Confidential Attachment.

Issues

Legal

NSW Water Solutions is a business unit of NSW Public Works, and includes Manly Hydraulics Laboratory (MHL). Council is proposing to directly enter into a contract with the Crown (MHL) for the provision of the specialist oceanographic services. The NSW Local Government Act 1993 Part 3 Division 1 Section 55(3) - NSW Government tendering requirements is relevant to the engagement of NSW government agencies as service providers.

Council is proposing to directly appointment MHL for the following reasons:

· Comprehensive start to finish capability of MHL noting there are no other consultants who have the complete field based and modelling experience inclusive of planning, equipment procurement, installation, maintenance and oceanographic modelling necessary to deliver the project.

· Standing and associated extensive networks within the water quality and oceanographic modelling fields, allow MHL to liaise directly with both regulatory and scientific experts to ensure data collection and presentation will satisfy both scientific and regulatory review.

· Reduction in time (and costs) associated with conventional tendering (documentation, adjudication, contract negotiation and agreement etc.) are important considerations for this project due to the NSW EPA licencing requirements and subsidy timing implications.

· The program of works and scope is subject to change due to environmental factors.

Policy

Engagement of MHL (as the Crown) is permitted by the NSW Local Government Act 1993. There are nil policy implications.

Environmental

The EIS will assess the environmental impacts of the effluent management strategy inclusive of the deep ocean outfall. The engagement of MHL will allow data gathering to commence to support the EIS process.

Asset

The construction of the deep water ocean outfall will involve a combination of trenching and horizontal directional drilling (HDD), commencing from a point east of the STP and exiting 1 km away at a depth of -20 m beyond the zone of wave influence, before adopting a dredge and lay construction methodology for up to a further 3.5 km offshore to the current favoured depth of -40 m.

Social / Cultural

The EIS process will assess the social/cultural implications of the effluent management strategy projects. The engagement of MHL will allow data gathering to commence to support the EIS process.

Economic

The EIS process will assess the economic implications of the effluent management strategy projects including the positive economic implications for tourism and aquaculture.

Strategic

The EIS process aligns with Strategic Business Plan objectives.

Consultation

The EIS process will include substantial community and stakeholder consultation.

Financial

The cost of completing the EIS and concept design process inclusive of oceanographic work is expected to be sourced from the sewer fund new works reserve.

Resources (including staff)

Substantial staff and consultant resources have already been devoted to the project. The ongoing EIS process will require substantial staff and consultant resources.

Operational Plan

The EIS process supports delivery of assets that meet Operational Plan objectives.

Conclusion

Over the last three months Council has worked with NSW EPA and consultants to design data gathering programs to support the EIS process. The water quality program has commenced and the proposed oceanographic monitoring is detailed in the attached confidential proposal from MHL.

It is considered due to the specialist nature of the work and their comprehensive capability, MHL be engaged to carry out the oceanographic work as outlined above and detailed in the confidential attachment.

Attachments

1 . Merimbula Oceanographic Monitoring (Confidential)

2 . Local Government Act 1993 No 30 Division 1 Tendering

Recommendation

1. That Council accepts recommendations as detailed in the confidential attachment.

2. That Council engage (insert) to carry out the oceanographic work as detailed in their Proposal number 14-1430 for the sum of (insert amount) (GST Exclusive).

Council 17 December 2014

Item 11.2

11.2. Merimbula Lake and Back Lake Flood Study at Merimbula - RFT 53/14

This report details the outcomes of evaluation of Tender 53/14 for the Merimbula Lake and Back Lake Flood Study at Merimbula and recommends award to the preferred tender.

Group Manager Transport and Utilities

Background

The flood study forms an initial stage for the development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual, The Management of Flood Liable Land, April 2005.

Council has taken the initiative to carry out the flood study to assist with planning for and managing the risks that occur from flooding events.

The Office of Environment and Heritage (OEH) is supporting Council by providing subsidy funding and technical assistance for the project.

Council invited tenders from suitably qualified consultants to prepare a detailed flood study for the town of Merimbula and its surrounds. The study will focus on the Merimbula Lake and Back Lake estuarine systems.

The study stages consist of:

• Stage 1 - Completion of Data Collection and Community Consultation Report

• Stage 2 - Completion of Model Calibration and Validation Report (including proposed design flood modelling parameters)

• Stage 3 - Draft Flood Study Report

• Stage 4 - Final Flood Study Report

Tenders were advertised in the local media on the 17 & 24 October 2014 and in the Sydney Morning Herald on the 14 & 21 October 2014. At the close of advertisement on the 5 November 2014 at 12:00pm, documents were issued, with 7 submissions received from the following:

Applicants:

• BMT WBM

• Cardno

• GHD

• NSW Public Works MHL

• Royal Haskoning DHV

• SMEC

• WMA Water

Applicants were asked to provide:-

• Attachment A Fee Proposal

• Attachment B Hourly Rates for Study Team

• Attachment C Cost schedule

• The outline plan for the work with cost breakdown by stage

• Short Curriculum Vitae of the proposed study team

• Relevant similar recent projects completed with referees

• The proposed study methodology

• Details of WHS, environmental and quality assurance processes

• Details of inclusions and exclusions

• Other relevant information including commercial terms and conditions

• Demonstration of capacity and ability to undertake the work

The tender submissions were assessed against the following evaluation criteria

Criteria	Weighting
Tender Value	55%
Experience	25%
Study Methodology	15%
Local Community Benefit	5%
Total	100%

Issues

Legal

The tender process complied with the Local Government Act 1993 (the Act).

In accordance with Section 733 of the Act, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the Management of Flood Liable Land, April 2005 which formed a key component of the flood study requirements and technical brief.

The project will be undertaken in accordance with the terms and conditions of the funding agreement between Council and the NSW Office and Environment for grant number 2013-2014-FM-0030.

Environmental

Environmental concerns such as climate change, including sea level rise, will be addressed in the flood study report in accordance with current NSW Government Guidelines. Other environmental concerns are usually addressed in a subsequent flood risk management study and plan following community consultation.

Asset

The final report including findings will form the basis of future asset/community planning and protection.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain.

However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices. Therefore development and management of floodplains needs to consider a broad range of issues including balancing the benefits of occupying the floodplain against the costs.

The final flood study report will form the technical basis of a future floodplain risk management study and plan that incorporates the management and consideration of social/cultural/economic impacts.

Consultation

Consultation will be carried out via formal public exhibition and the invitation of public comment and submissions, a community flood questionnaire, a number of print media releases and other techniques according the preferred tenderer’s community consultation strategy. Community consultation regarding flood study outcomes and findings are a part requirement by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the Management of Flood Liable Land, April 2005.

To further comply with the NSW Government consultation requirements according the Floodplain Development Manual mentioned above, Council also resolved to form and convene a Floodplain Risk Management Focus Group at its meeting of 25 September 2013 that will be consulted during the project. Government agency and Councillor representation has now been finalised according to the proposed composition. An initial call for nominations for community representatives was undertaken during April 2014 and no nominations were received. The selection of community representatives has still yet to be finalised and will be the subject of a report to Council at a later date.

Financial

This project is funded under the budget for storm water operating expenses. A grant was secured from the NSW Office of Environment and Heritage under their 2013/2014 NSW Floodplain Risk Management Programme in the amount of $120 000 with a funding ratio of 2:1 for every Council dollar to undertake the project.

Funding source		Amount
BVSC – Storm Water Operating Expenses	$	60,000

Resources (including staff)

Council engineering staff will manage the project and will utilise other relevant staff resources from communications, administration and planning as appropriate.

Operational Plan

The commencement of the flood study project meets the Operational Plan Key Outcome: A4.1 Support Rural Fire Service (RFS) and State Emergency Service (SES).

Conclusion

It is recommended that the preferred tender be accepted to carry out the flood study.

Attachments

1. Merimbula Lake and Back Lake Flood Study aggregated RFT53/14 evaluation form (Confidential)

2 . OEH funding agreement for report Merimbula Lake and Back Lake Flood Study (Confidential)

3 . Confidential Memorandum RFT 53.14 Merimbula Lake and Back Lake Flood Study at Mermbula (Confidential)

4 . Consultant referee check (Confidential)

Recommendation

1. That Council accepts recommendations as detailed in the confidential attachment.

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender 53/14, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

Council 17 December 2014

Item 12.1

12.1. Tathra and Merimbula Wharves Risk Assessment

This report summarises the findings of the recent Risk Assessment of Tathra and Merimbula Wharves.

Executive Manager Organisational Development and Governance

Background

Bega Valley Shire Council (Council) is responsible for the care, control and management of the historic steamer wharves owned by the Crown at Tathra and the rebuilt fishing platform at Merimbula. Both wharves are considered tourist attractions and are used extensively by tourists and local residents, predominantly as platforms for recreational fishing. By the very nature of their location and usage, both wharves will always present a relatively high inherent risk of injury to users. These risks will obviously be heightened during times of adverse weather and/or water conditions.

In 2009, Council engaged the services of Australian CoastSafe to undertake a Coastal Public Safety Risk Assessment of both wharves. The assessment’s final report was received by Council in February 2010. The risk assessment identified a range of hazards, risks and suggested risk treatments/controls. Several of the risk control recommendations have been subsequently implemented since 2010.

In October 2014, InConsult was engaged to facilitate a further risk assessment of both wharves to assess the current level of risk and determine the costs and benefits of implementing any further risk controls. The risks and risk control measures are detailed in a risk register shown in Appendix 1 of the attached report.

Risk Treatments

The following additional risk control measures are proposed:

1. Erect appropriate warning signage that complies with relevant standards at all entrances to both wharves including relevant pictogram/ warnings for strong currents, large waves, deep water, strong winds, sharp drop offs, no diving, no jumping, children to be supervised at all times;

2. Install lights on top of both of the wharves decks that illuminate wharf edges, extraction ladders and water around the wharves;

3. Develop a procedure for closure of the wharves by Council’s Town Teams in adverse weather conditions (linked to Bureau of Meteorology (BoM), Surf Life Saving (SLSA) warnings);

4. Extend the fencing on Merimbula Wharf along the northern (and southern if necessary) edge to comply with AS 4997-2005 Guidelines for the design of maritime structures;

5. Increase Town Team inspections to weekly during holiday periods and ensure all inspections are documented and maintained in Council’s records system;

6. Remind other Council staff who visit the wharves on a regular basis to report any obvious issues e.g. missing rescue rings;

7. Formalise annual Level 1 routine maintenance inspection and structural inspections and ensure they are properly documented;

8. Advise the Café lessee at Tathra Wharf not to place seating around the area of the emergency phone and lighting switch;

9. Ensure consistent mechanisms and signage is in place at both wharves for rescue rings; and

10. Prevention of vehicles parking at the immediate entrance to Merimbula Wharf.

Financial

Indicative costs for implementation of these additional controls are $35,000 which can be funded via the Council’s 2014 Statewide insurance rebate received as a result of Council’s participation in risk management initiatives.

Treatment	Estimated Cost
Warning signage	$ 2,000
Wharf Closure signage	$ 2,000
Lighting above ladders	$ 25,000
Additional fencing at Merimbula Wharf	$ 5,000
Signs at rescue rings	$ 500
Parking barriers	$ 1,000
Total:	$35,000

Implementation Timeline

It is envisioned a number of the ‘risk controls’ will be implemented prior to the 2014 Christmas Holiday period; however, the installation of additional lighting and improved signage will be completed as soon as possible early in 2015.

In relation to the wharf closure procedure and protocol an information and communication strategy will be developed so that the local and visiting community are made aware of the procedure and reasons for its implementation.

Monitoring and Review

Delegated Council staff will oversee the implementation of these controls. Additionally, a biannual desktop audit will be undertaken to ensure inspections are occurring, with findings being reported to the Council’s Enterprise Risk Management Committee.

Conclusion

Implementation of the proposed risk controls once adopted will further reduce the hazards and risks inherent with the use and management of these wharves.

Attachments

1. Tathra and Merimbula Wharves Risk Assessment Report

Recommendation

That Council notes the risk assessment findings for Tathra and Merimbula Wharves and approves the costs of implementation of the risk controls identified in this Report.

Council 17 December 2014

Item 12.4

12.4. Delegations Register - Part 1

Part 1 of Council’s Register of Delegations has been reviewed with identified changes being incorporated into the document. Council is required to adopted the updated Register

.Executive Manager Organisational Development and Governance

Background

As part of its requirement under the Section 377 of the Local Government Act (1993) (the Act), Part 1 of Council’s Delegations Register was reviewed and updated to incorporate a number of required changes. Part 1 of the register includes delegations to the following individuals/parties:

i. Councillors

ii. The Mayor

iii. Standing Committees

iv. Section 355 Committees

v. The General Manager

Part 1 sets out the general powers of the Council to delegate in accordance the Act. A copy of this section of the register is attached to this report. Once considered by Council and approved, a copy of Part 1 will be made available to all stakeholders by way of uploading on to Council’s webpage.

Part 2 of the register, which sets out the delegations of staff, will subsequently undergo review following the adoption of Part 1.

The review of the register reflects the observations made during Council’s recent Internal Audit process in which several recommendations were made regarding Council’s delegations documentation, particularly in reference to the Register of Delegations. The purpose of the internal audit process was to provide assurance on the currency, coverage and conformance of the Register. A comprehensive list of recommendations made during the audit is available in the 2014 Internal Audit Report.

Council was commended on its undertaking of an internal audit on delegations as it provided evidence that Council is actively considering the function, accuracy and transparency of its delegation responsibilities.

Despite this commendation several observations were made during the internal audit which resulted in a number of recommendations being made to Council regarding the review and maintenance of the Delegations Register – Parts 1 and 2. These recommendations were:

1. Instigate a review of Council’s Delegation Register and have it formally approved by Council in the near future.

2. Re-publish the current Delegations Register on Council’s website, clearly noting it is under review.

3. Review the format of the Register so it effectively communicates Delegations to all relevant stakeholders.

4. Ensure the review process for the Register reflects formal draft, review and approval processes as specified by the Act.

5. Consider outsourcing the maintenance of Delegations to improve efficiency, probity and compliance.

6. Provide in-house training and awareness sessions for Council

Issues

Policy

The review of the Delegations Register is relevant on a policy level as it will ensure compliance with Council’s policy and procedure framework. As per the requirements of the Act, Council must undertake a review of its policies within 12 months of its election. The extent of the review extends to Council’s Delegations Register. Council has annually reviewed its delegations since the 2012 election. This usually occurs at the time of the annual Mayoral election. In 2014 this was delayed due to the internal audit process.

In September 2013, Council reviewed and adopted its current policy framework which reflects the Community Strategic Plan (CSP). Presenting policy in this format is consistent with the requirements of the Act. A schedule of review was created as part of this framework, which includes the review of policies on a four year cycle. This is reflective of the Council election timeframes.

Procedures are reviewed on a two-year cycle or as specified by particular legislation.

The Act requires Council’s Delegations Register to be reviewed quarterly and reported through the Operational Planning process. The Register attached to this report will be reviewed on this basis.

The Executive Manager | Organisational Development and Governance will be responsible for instigating the quarterly review of the Register. The review will be coordinated in consultation with the Governance Coordinator, who oversees the review of all corporate documents, including the Delegations Register.

To facilitate the maintenance and review of the Delegation Register, the document is included in Council’s Document Control Register, which records pertinent details of corporate documents such as creation date, version number, review date and responsible personnel.

Conclusion

The review and maintenance of Council’s Delegation Register, Parts 1 and 2 is a high priority for the Organisational Development and Governance Team and thus has been incorporated into its document control register. A system of review has been established to facilitate the quarterly review of Council’s Delegation Register.

Attachments

1. 11/12/2014 Register of Delegations Part 1 FINAL DRAFT November 2014

Recommendation

That Council adopt Part 1 of the Delegations Register.

Council 17 December 2014

Item 12.7

12.7. NSW Local Government reform update - Fit for the Future

The NSW Government’s Fit for the Future program (FFtF) is now being implemented and it is timely to report to Council the progress to date and the proposed process for Bega Valley Shire Council.

General Manager

Background

The NSW Government has been working with local councils since 2011 to have discussions and gather data and inputs focusing on reviewing local government and addressing planning for a sustainable future. In 2011 local councils from throughout NSW attended, Destination 2036, a summit aimed at discussing how local government could meet the challenges of the future.

Since that time there has been an Independent Local Government Review Panel established to review the structure, form and performance of local government in NSW and the Local Government Acts Taskforce established to review the relevant legislation. Bega Valley Shire Council made submissions to both these processes which have been reported to Council.

The State Government released their response to the findings of this three-year independent review of local government in September 2014. The response, branded Fit for the Future, incorporates: a package of funding; expert assistance; facilitators and technical support; and a range of documents and templates for councils. Since that time a series of workshops, briefings and information circulars have been provided to local government, with the final FFtF templates for Councils to consider being released at the end of October. Copies of all the documents have been circulated to Councillors and can be found at

http://www.fitforthefuture.nsw.gov.au/

In the attached table to the response, noting the Independent Panel’s recommendation for each Council in NSW, the structural change recommendation for Bega Valley is – No Change.

FFtF councils will need to strive to achieve benchmarks established by the Office of Local Government (OLG). These have been based on the work of TCorp and the Independent Local Government Review Panel and have been reviewed by IPART.

The four key criteria are:

Sustainability – generate sufficient funds over the long term to provide the agreed level and scope of services and infrastructure for communities as identified through the integrated planning and reporting (IPR) process.

Effective infrastructure and service management – maximise return on resources and minimise unnecessary burden on the community and business, while working strategically to leverage economies of scale and meet the needs of communities as identified in the IPR process.

Efficiency – efficient service and infrastructure delivery, achieving value for money for current and future ratepayers.

Scale and capacity – demonstrate strong organisational and regional capacity to mobilise resources to engage effectively across community, industry and government.

The criteria/benchmarks are outlined in the table below.

The FFtF documents from the OLG include:

· The Government’s response to the Panel and Taskforce reports and recommendations

· A roadmap for stronger, smarter councils which outlines the State Government’s vision

· A blueprint for the future of local government which outlines the funding and what the State Government is asking local councils to do by reviewing their situation, preparing a submission and making the transition to new models

· Joint Organisations – a roadmap for intergovernmental collaboration

The templates for use by councils when they have answered the key question “Do you have the right scale and capacity” include:

· FFtF self-assessment tool

· Templates for councils that are considering a merger or Rural Council status

· Template for Council Improvement Proposal – existing structure

Councils who become FFtF will have access to cheaper finance to build and maintain the facilities their communities need, such as better roads and bridges and regional facilities. Each Council has also been assigned a Relationship Manager from the OLG.

Outlined below is the process for councils.

The process Councils must undertake:

1. REVIEW THE SITUATION – Do you have the right scale and capacity?

Each council has been asked to look at its current situation and consider the future needs of its community and the recommendations of the Independent Panel. For Bega Valley the recommendation from the panel is No Change however a number of options have been discussed including realigning boundaries, developing alternative service delivery models in co-operation with neighbouring Council’s, and supporting Bombala in their discussions about possible merger or rural council status.

Bombala Council, who were identified in the recommendations from the Independent Panel to merge with Cooma-Monaro and Snowy Mountains, resolved to also consider a merger with Bega Valley Shire and subsequently listed the Bega Valley option as their first priority. Councils considering mergers have access to independent facilitators from an OLG Panel however it now appears councils cannot address two options simultaneously. Bombala have now been advised Ernst and Young have been appointed as the facilitators for the discussions to be held between the three High Country councils.

The NSW Government have also provide a self-assessment tool to help guide councils assess their current status. The assessment tool aims to assist councils to get a clear picture of how they are performing in the areas of financial management, service delivery and scale of operations. Since its release Bega Valley has undertaken a run through of the assessment tool however the final Council position will not be inputted until after the current series of OLG briefings and workshops which conclude in mid-December.

The key points highlighted by the guidance material councils must address include:

· More robust revenue base and increased discretionary spending

· Scope to undertake new functions and major projects

· Ability to employ a wider range of skilled staff

· Knowledge, creativity and innovation

· Advanced skills in strategic planning and policy development

· Effective regional collaboration

· Credibility for more effective advocacy

· Capable partner for State and Federal agencies

· Resources to cope with complex and unexpected change

· High quality political and managerial leadership

The starting point for all FFtF proposals is therefore the Independent Panel’s final report.

Councils have been encouraged to discuss ideas and options with their community and neighbouring local government areas. Bega Valley Shire had already commenced a detailed review of its Resourcing Strategy. This includes a full service review utilising templates applied in other councils and best practice methodology, a review of the long term financial plan, asset management plans and workforce strategy. Fully informed with options and models for the future local community discussions will be held in March 2015. The final proposal will be publicly exhibited with Council’s draft annual planning documents and budget, the results from the current review of services, the long term financial plan, asset management plans and workforce strategy prior to adoption by Council and submission to the OLG.

2. PREPARE A SUBMISSION

After considering all options, the reviews outlined above and community input, Council will need to identify areas for improvement and opportunities, plans and strategies to ensure the State established benchmarks are met into the future. Integrated planning and reporting (IPR) documents will then be reviewed and Council’s Improvement Proposal (CIP) will be prepared and publicly exhibited for comment. The final CIP outlining how Bega Valley intends to become FFtF must be submitted by 30 June 2015.

The CIPs are then assessed by an Independent Panel and a final determination about each council’s FFtF status is released.

Councils who have responsibilities for water and sewer management do not include these figures in the financial modelling however there are a number of sections in the template relating to water utility management.

3. MAKING THE TRANSITION

Once councils have a plan in place to become FFtF they will receive assistance and support from the NSW Government to implement their plan. For merging councils, this includes funding to support the transition process and establish their new FFtF venture.

Councils in regional areas will also have support in setting up their new regional Joint Organisations.

When FFtF councils have completed their transition, they will have access to a range of opportunities, including cheaper finance options, simplified reporting requirements, priority access to State funding and grants and options for additional planning powers.

4. JOINT ORGANISATIONS – a new role for regional advocacy

Bega Valley Shire Council is currently a member of Southern Council’s Group (SCG) (a regional organisation of councils (ROC)) and has some strategic relationships and undertakes projects with the South East Regional Organisation of Councils (SEROC). These organisations have formed over time (30 years for SCG and more recently for SEROC) to provide strategic alliances and a range of shared services specific to each region. The model for ROCs across the State varies greatly.

In FFtF this model will be amended with new organisations, called Joint Organisations (JO) being formed to provide a forum for local councils and the State to work together to deliver the things that matter most to communities. These JO will be enacted through proposed legislative change expected in 2016.

JO will support councils in regional areas to become FFtF, alongside the other structural changes and improvements recommended by the Independent Local Government Review Panel. In particular JOs will provide regional services and act as a liaison/advocacy agent between local government and State government agencies.

The JO regions have been proposed in the FFtF documentation with four members of SCG identified as the Illawarra JO (Wollongong, Shoalhaven, Shellharbour and Kiama) with Bega Valley being identified in the South East JO (Bega, Eurobodalla, Bombala, Snowy River, Cooma-Monaro, Queanbeyan and Palerang). The JO model proposed in FFtF does not currently recognise SEROC as a JO in the proposed boundaries with the other current members forming the Tablelands JO with Wingecarribee. OLG led workshops on the pilot JO have commenced and more information will be available for other councils in the near future.

The Illawarra JO has been identified as one of five JO pilots to be supported to look at opportunities and processes over the next six months. SEROC applied to become a pilot but was not successful in the first round. All new Jos will receive financial support from the State Government

In July 2014 Bega Valley gave notice of its intention to withdraw from SCG at the end of the current financial year as required under the SCG Constitution. Follow up has occurred with the Executive Officer of SCG and the OLG re processes, now that Illawarra Councils have been included in the JO pilot. Advice is that whilst there will be work on the pilot, the current SCG will remain until the end of the financial year at which time it is proposed it will wind up, realise its assets with potential return to member councils and then the transition to the Illawarra JO will be formalised.

Bega Valley Shire Council has also advised SEROC of its intention to consider options into the future aligned with the outcomes of the FFtF process and has been attending SEROC meetings with observer status. So as to minimise financial burden, it is recommended Bega Valley approach SEROC about associate membership status, with this to be reviewed in light of the JO process progressing.

LEADING THROUGH UNCERTAINTY- a local workshop opportunity

Leadership from councillors and senior staff will be critical over the coming period of restructure and refocus. In 2014, senior staff at Bega Valley have been involved in developing a new leadership approach. Three staff having attended leadership activities facilitated by the Australian School of Applied Management (ASAM) with two staff undertaking the program in 2015. The ASAM also hold the Australian Local Government Leadership Summit which provides a forum for local government leaders to connect, collaborate, ideate and debate around issues and opportunities determined to be of critical importance from a leader’s perspective.

Being courageous, thinking outside the square and looking to the future will be important for councils over the next period. To assist drive a level of local regional leadership, the opportunity is presented for Council to consider hosting a regional workshop for local councils with an emphasis on evidence based leadership strategy and discussion built around real local government leadership situations, and a focus on proactive collaboration with peers and other councils.

The workshop would be planned for March 2015 with invitations to neighbouring councils for councillors and senior staff. The program would be independently facilitated and would feature presentations from local government bodies that have looked at doing things differently. The program would also focus on developing skills in adaptive leadership mindset and overcoming new challenges.

The OLG are committed to trying to achieve a new way of looking at how local government works and collaborates. Bega Valley can provide a real opportunity to assist this locally by hosting such a regional workshop program.

If considered appropriate a report on the program, costings and potential funding would be presented to the January Council meeting.

Issues

Legal

FFtF has now been endorsed by government. Legislative changes are expected prior to the 2016 Council elections

Strategic

The process of developing a road map under the FFtF model fits well with Council’s planned review of its Resourcing Strategy. The CIP when developed will be a key guiding agreement in the Integrated Planning and Reporting framework.

Consultation

The FFtF and IPR processes require community input and discussion. It is planned the initial input opportunities will be held, using a range of media and face to face methods, in March 2015. The final proposal and draft plans will then be on public exhibition prior to adoption by Council.

Financial

The current service level review and IPR Plan reviews is being managed in house. There is access to OLG appointed technical panels and it is not expected there will be a direct financial cost for this process outside of normal operational commitment.

Resources (including staff)

The work will be undertaken by current Council staff and is expected to be a major focus for the Strategy and Business Services Group with workload impacts across all areas.

Operational Plan

The FFtF process will dovetail well with the review of Council’s adopted Resourcing Strategy and development of the 2016 draft Budget and Operational Plan.

Conclusion

The NSW State Government’s response to the Independent Local Government Review Panel and the Local Government Acts Taskforce has been eagerly anticipated. The FFtF approach and process fits well with the work already planned to be completed by Bega Valley in the current year. The focus on stronger and smarter councils aligns well with Bega Valley taking a leadership role in planning for appropriate scale and capacity with a focus on sustainability, effectiveness, and efficiency.

In 2015 Council will be presented with several models, responses to the benchmark criteria, and draft plans for consideration. The community will have opportunity for input and comment prior to lodgement of final plans with the OLG.

Attachments

Nil

Recommendation

1. That Council note the update on the NSW State Government’s response to the Independent Local Government Review Panel and the Local Government Acts Taskforce, Fit for the Future.

2. That Council advise SEROC of its intention to become an associate member for the period 1 January 2015 to 30 June 2015.

3. That Council receive a report on the costings and program for a local government leadership forum proposed for March 2015.

Council 17 December 2014

Item 12.8

12.8. Major Projects update

Council has been working on improving updating information related to its major projects and including regular progress information on Council’s website along with quarterly updates to Council

General Manager

Background

Council has a number of major projects currently underway across the Shire as well as projects planned for the period to 2016. Council is also a key driver and partner in some significant State initiatives. As part of the General Manager’s performance review quarterly meeting held in October, it was resolved in December 2014 Council would adopt the list of key projects the progress of would be regularly reported to Council and the community. It was suggested by the consultant facilitating the performance management process the list be limited to major and significant projects.

The General Manager, with senior staff, report via confidential spreadsheet to Councillors, progress on approximately 40 projects and service/organisational matters on a every six week basis. This process started when the now General Manager commenced acting in the role and has continued. The process and project management procedures have been reviewed and training has been held for key staff.

It is suggested Council resolve the top ten projects to be profiled in detail on Council’s website, with updates to be reported to Council on a quarterly basis, with each project being profiled in Council’s annual report.

Key infrastructure projects Councillors have listed to be considered for inclusion in this formal process are:

· Bega, Bermagui, Eden and Bega Town Centre designs

· Bega Civic Centre

· Eden Port development

· Littleton Gardens

· Merimbula Airport

· Merimbula Bypass

· Merimbula effluent management

· Merimbula lands development

· Tura Community Centre and Branch Library development

Key organisation operational projects are:

· Response to Fit for the Future, the NSW State Government’s response to the independent review of Local Government including the review of Council’s Resourcing Strategy, including Council’s Asset Management Plans, Long Term Financial Plan and Workforce Strategy

· Council’s Business Growth and Economic Development Strategy implementation

· Council’s community and community engagement review

Obviously all these projects and a range of other projects are outlined in Council’s adopted Integrated Planning and Reporting documents. This proposal however allows Council to provide the community with critical updates on the progress of these key projects.

Issues

Strategic

These projects have key strategic importance for the Shire and are all included in Council’s integrated planning and reporting documents.

The Council should focus annually on its key projects which will be highlighted as part of the consultation process for the development of the Delivery Plan and Operational Plan.

Operational Plan

The projects are all included in Council’s Operational Plan.

Conclusion

Council is involved in a wide range of services, projects and operational activities. Council receives a quarterly report and an Annual Report on progress against its adopted Delivery and Operational Plan. The proposal to highlight key projects provides an opportunity for Council to report to the community on progress made, any issues that may have been identified or any new opportunities.

Attachments

Nil

Recommendation

1. That Council resolve the final list of projects to be included on its major projects list for the period 1 January to 30 June 2015.

2. That into the future the development of the annual Operational Plan includes a list of the top projects to be reported on a quarterly basis to the Council and the community.

Council 17 December 2014

Item 13.1

13.1. 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 November 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 Strategy and Business Services 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 money may only be invested in a type of investment authorised by order of the Minister for Local Government and 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 has 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 $54,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	September 2014	October 2014	November 2014
General Fund	$18,004,000	$22,004,000	$22,004,000
Water Fund	$16,796,000	$16,796,000	$16,796,000
Sewer Fund	$15,200,000	$15,200,000	$15,200,000

In addition, there is $4,454,435.21 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	$9,528	$10,264	$6,666	$26,458
Water Fund	$5,099	$11,697		$16,796
Sewer Fund	$3,255	$11,945		$15,200

The restrictions reported in Table 2 relate to 30 June 2014.

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 November 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	17 December 2014
*Item 11.1 - Attachment 2*	Local Government Act 1993 No 30 Division 1 Tendering

Council	17 December 2014
*Item 12.1 - Attachment 1*	Tathra and Merimbula Wharves Risk Assessment Report

Funding source		Amount
Public Liability-Professional Insurance	$	148,300 Yearly saving

Council	17 December 2014
*Item 12.2 - Attachment 1*	Public and Professional Liability Insurance Excess

Council	17 December 2014
*Item 12.4 - Attachment 1*	11/12/2014 Register of Delegations Part 1 FINAL DRAFT November 2014

Council	17 December 2014
*Item 12.5 - Attachment 1*	Outstanding Council Meeting Actions 1/9/14 to 30/11/14

Council	17 December 2014
*Item 12.5 - Attachment 2*	Completed Council Meeting Actions 1/9/2014 to 30/11/2014

Council	17 December 2014
*Item 12.6 - Attachment 1*	Plan of subdivision for Tanja Rural Fire Station

Council	17 December 2014
*Item 13.1 - Attachment 1*	Investment Report November 2014

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

2 Apologies and requests for leave of absence

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

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

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

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

17 December 2014

Staff Reports –Planning And Environment (Sustainability)

17 December 2014

Staff Reports – Community, Culture and Leisure (Liveability)

17 December 2014

Council

17 December 2014

Staff Reports – Infrastructure Waste And Water(Accessibility)

17 December 2014

11.1. Merimbula Effluent Management Strategy EIS - Engagement of NSW Public Works Manly Hydraulics Laboratory

Background

Scope of Oceanographic Program

Issues

Legal

Policy

Environmental

Asset

Social / Cultural

Economic

Strategic

Consultation

Financial

Resources (including staff)

Operational Plan

Conclusion

Attachments

Recommendation

Council

17 December 2014

Staff Reports – Governance And Strategy (Leading Organisation)

17 December 2014

Staff Reports – Finance (Leading Organisation)

17 December 2014

17.1. Cr Keith Hughes - Portrait of the Queen

Background

Attachments

Notice of Motion

19.2. Cr Hughes - Kisses Lagoon rehabilitation

Response

Attachments

Confidential Business

Adjournment Into Closed Session