Agenda of Council - 14 January 2015

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

14 January 2015

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 17 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.

Nil Reports

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 Seniors Week 2015 Grants........................................................................................................... 10

9.2 Lifeguards on Tathra Beach during February 2015.................................................................. 12

9.3 Youth Week 2015 Small Grants.................................................................................................... 14

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 McBain.

10.1 Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act............................................................................... 18

10.2 Future Cities Program ................................................................................................................... 66

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 Organic Waste Process Improvement........................................................................................ 72

11.2 Sewer main jetting and pump station vacuuming RFT 64/14.................................................. 77

11.3 Bega Valley Local Traffic Committee Meeting - 3 December 2014....................................... 79

11.4 Review of Developer Contributions for childcare establishments........................................ 81

11.5 Recommendation for acceptance of Tender RFT 60/14 ........................................................ 84

11.6 Recommendation for acceptance of Tender RFT 59/14 ........................................................ 87

11.7 RFQ 49/14 Suppy and delivery of one (1) wheeled excavator plant number 186001 with a weight range between 9000Kg to 11000Kg ..................................................................................................... 90

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 Procedure 5.02.9 Elected Officials Communication Protocols............................................... 94

12.2 Options for conducting the 2016 Local Government Election............................................. 103

12.3 Leading Through Uncertainty - a local government leadership forum............................... 108

12.4 Bega Valley Medallion (Community Service) Award Committee....................................... 111 .

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 114.

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

16 Rescission/alteration Motions

16.1 Rescission of Point 2 of Resolution 17 December 2014 - NSW Local Government reform update - Fit for the Future............................................................................................................................................. 120

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

19.1 Response to question on notice from Cr Sekhold - Tathra Ring Road - Proposal for walking track. 124

19.2 Disposal of Small Quantities of Asbestos - Cr Seckold............................................................ 126

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......................... 128

22.1 Proposed disposal of Council land at Phillipps Street, Eden

This report is confidential in accordance with section 10A (2) (c) 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.

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council 14 January 2015

Item 9.1

9.1. Seniors Week 2015 Grants

Nine applications for Senior’s Week 2015 small grants have been received and are presented for the consideration by Council.

Group Manager Community, Relations and Leisure

Background

National Seniors Week is held annually across Australia. It is an opportunity for people to join together and celebrate the valuable contribution of older people in our communities. In 2015, Seniors Week will run from Saturday 14 March to Sunday 22 March.

Across the country Seniors Week provides the opportunity for older people to participate in creative, sporting, recreational, and/or cultural activities. These opportunities and activities may focus on building skills, promoting self-expression and/or communicating the unique experiences of older people and play a valuable role in connecting older people with the broader community and building health and wellbeing.

To support Seniors Week in the Bega Valley Shire area, Council provides a number of small grants to local not-for-profit organisations to assist them in staging various events and activities. These grants aim to meet the broader objectives of Senior’s Week and require all events to be inclusive and accessible. A budget of $5,000 has been set for grants in 2015 with applicants invited to apply for a contribution of up to $500.

The 2015 Golden Gig Concert and Luncheon will be organised by Council as a separate event.

The Bega Valley Shire has a strong network of older people/seniors groups and voluntary organisations with a significant senior membership. Nine of these groups have applied for funding under the Council’s Seniors Week small grant program. Together they propose a variety of events across the Shire which should appeal to a diverse range of older people. All applicants meet Council’s eligibility criteria.

Applications are provided for the consideration of Council.

Issues

Social / Cultural

Council’s Social Issues Papers provide documentation on a range of social issues affecting older people in the Bega Valley Shire. Social isolation and men’s health are amongst those explicitly addressed by the proposed Senior Week activities. Seniors Week programs also build on the community strengths; building and supporting volunteering and participation in community life by all. In addition, a number of the proposed activities have a strong cultural component inclusive of music, performance, the visual arts and creative writing.

Strategic

Senior’s Week activities support outcomes identified in Council’s Community Strategic Plan 2012-17 under the Liveability platform. Specifically outcome L2.6 Community actively participates in events, festivals and creative community activities and L1.5 Healthy lifestyles are promoted through health promotion, support networks and facilities.

Consultation

Seniors Week events can provide opportunities for older people to be consulted as part of Council’s community and social planning processes. Opportunities to include consultative elements into Seniors Week events are being considered.

Financial

A budget of $5,000 is allocated for the Seniors Week 2015 grant program. There are also additional funds allocated in the 2015 budget to cover the Golden Gig.

Funding source		Amount
Community Development Seniors Program	$	5,000

Resources (including staff)

Current staff resources are adequate to administer and co-ordinate Council’s Seniors Week grant program. Community Development staff will have little involvement in organising proposed activities as they are delivered by community volunteers.

Operational Plan

The coordination of the Seniors Week grants program is part of the community development operational plan outcomes for 2014/15.

Conclusion

Applications received for Council’s Seniors Week 2015 small grants program reflect a diverse range of activities for older people to be delivered in a range of locations across the Bega Valley Shire. All nine applications meet the criteria for funding and are recommended for financial support.

Attachments

1 . Memo to Councillors - Seniors Week 2015 Small Grants (Confidential)

Recommendation

1. That Council accept the recommendations as outlined in the confidential attachment.

2. That Council allocate the Seniors Week 2015 Grants to (insert names).

3. That Council authorise the use of unallocated Seniors Week 2015 grant funds to cover costs associated with the promotion of Seniors Week 2015 in the Bega Valley Shire.

Council 14 January 2015

Item 9.2

9.2. Lifeguards on Tathra Beach during February 2015

A proposal has been received by the Tathra Chamber of Commerce for lifeguards to be present at Tathra Beach in February 2015. This report outlines the actions taken to support and facilitate this community initiative.

General Manager

Background

The Mayor was approached by Mr Rob White from Tathra Beach House Apartments regarding an extension of lifeguard services into February at Tathra Beach. Mr White indicated the idea had support of local businesses and the Tathra Chamber of Commerce.

Council has previously resolved to focus its resources on the provision of lifeguard services during the school holiday period.

The provision of lifeguard services is undertaken by Australian Lifesaving Services (NSW) (ASL), the professional arm of the Surf Life Saving (NSW). This is done under contract at eight locations across the Shire: Camel Rock Beach; Horseshoe Bay Beach; Tathra Beach; Short Point; Bar Beach; Main Beach Merimbula; Pambula Beach; and Aslings Beach.

In discussion with Council it was suggested to Mr White that if local businesses were able to raise the total funds required to cover the extension of services, Council could facilitate a contract variation with ALS to provide the service extension. In addition it was suggested the Chamber of Commerce apply for a Southern Phone Mayoral Grant that was available at the time.

Mr White, through the Chamber of Commerce, has been able to secure contributions from four local businesses and was also successful in receiving funding through the Southern Phones Mayor Grants. Together the Chamber of Commerce is able to fully fund the extension of lifeguard services at Tathra Beach throughout February 2015.

Issues

Legal

A letter of Agreement has been signed by the Tathra Chamber of Commerce committing to fully covering the costs of the extension period through the pledges by local businesses and the Southern Phones grant.

Council has a three year contract with ALS for the period 2013/14, 2014/15 and 2015/16. To facilitate the extension of lifeguard services at Tathra Beach during February 2015, a variation to the existing contract has been enacted for the 2015 period.

Policy

The contract variation amount is within the financial delegation of Officers.

Economic

This initiative is being championed by Mr White and the Tathra Chamber of Commerce as a way of encouraging greater visitation during the February period, particularly targeting families who have children not yet in the school system.

Strategic

It needs to be clear this initiative is a one off extension, fully funded by the Tathra Chamber of Commerce.

Consultation

Consultation for this initiative has been undertaken by the Tathra Chamber of Commerce. Council Officers have been involved in liaising with Mr White and ALS.

Financial

It needs to be clear, this initiative is a one off extension to lifeguard services at Tathra beach and is fully funded by the Tathra Chamber of Commerce.

Funding source		Amount
Tathra Chamber of Commerce through a Southern Phones Mayor’s Grant and contribution by local businesses	$	12,950 (GST Incl.)*

* Nil cost to Council.

Resources (including staff)

The initiative has minimal impact on staff resources.

Operational Plan

The initiative supports the BVSC Delivery and Operational Plan 2014/15 through outcome E3.1: Visitation to the Shire: sustains the expanded tourism sector throughout the year.

Conclusion

This initiative is an example of the community seeing an opportunity and working with Council to deliver a community benefit.

Attachments

Nil

Recommendation

That Council note the report.

Council 14 January 2015

Item 9.3

9.3. Youth Week 2015 Small Grants

Seven applications for Youth Week 2015 small grant funding have been received and are presented for Council’s consideration.

Group Manager Community, Relations and Leisure

Background

National Youth Week (NYW) is Australia’s largest celebration of young people aged from 12–25 years old. It recognises and celebrates the valuable contribution young people make in our communities. All NYW events and activities are run by young people, for young people. NYW is a joint initiative between the Commonwealth, State, Territory and Local governments. In 2015 National Youth Week 2015 will be held from Friday 10 April to Sunday 19 April 2015 with the theme “It Starts With Us”.

Bega Valley Shire Council will also support events and happenings during NYW through its Library Services and Gallery programs. Community Development Officers encourage other organisations to contribute to a 10 day calendar of events and Youth Councillors are actively involved in the planning of NYW activities.

A major way in which Council supports NYW in the Bega Valley Shire is through the provision of Youth Week grants for not-for-profit organisations. These grants encourage community members to work with young people to run free activities which are accessible to a broad range of youth across the Bega Valley Shire. Successful projects need to demonstrate the involvement of young people in the planning and implementation of activities. A budget of $5,000 has been allocated for grants in 2015, with applicants invited to apply for a contribution of up to $1,000.

Council has received seven applications for Youth Week 2015 grants from a range of community organisations. Activities are proposed in Eden, Merimbula, Bega and Bermagui and include a number of new applicants for 2015. All applicants meet Council’s eligibility criteria.

A summary of these applications are provided for the consideration by Council.

Issues

Social / Cultural

Issues impacting on young people In the Bega Valley Shire are well documented in Council’s Social Issues Papers. NYW activities increase connectedness between young people and the broader community and promote young people in a positive light. The skills development, leadership opportunities and social activities provided via participation in NYW are invaluable for young people.

Strategic

NYW activities support outcomes identified in Council’s Community Strategic Plan 2012-17 under Liveability, specifically outcome L41.1 Young people are involved in all aspects of local life including civic leadership, business, education and volunteering.

Consultation

NYW provides a platform for young people to express their ideas and concerns. These can be fed into Council’s broader community and social planning processes. The involvement of Youth Council in the planning and delivery of NYW activities strengthens them as advocates for other young people.

Financial

The total amount requested by applicants exceeds the available budget.

As such the NYW grant program budget of $5,000 has been allocated on a competitive basis taking into account previous year’s allocations and project adaptability.

Funding source		Amount
BVSC Youth Week Small Grants Program	$	5,000

Resources (including staff)

Current staff resources are adequate to administer and co-ordinate Council’s Youth Week grant program.

Conclusion

The seven applicants for Youth Week Small grants meet the criteria for funding; however total requests exceed the available budget. The projects prioritised represent a broad range of activities for youth across the Shire and should attract a large number of young people.

Attachments

1. Memo to Councillors - Youth Week 2105 Small Grants (Confidential)

Recommendation

1. That Council adopt the recommendation outlined in the confidential memorandum.

2. That Council allocate the Youth Week 2015 Grants to (insert names).

Council 14 January 2015

Item 10.1

10.1. Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

This report seeks a resolution to rescind the acquisition of Crown Land in Merimbula that was originally proposed for the Merimbula Cultural Centre.

Group Manager Strategy and Business Services

Background

This matter was reported to Council on 1 October 2014 where it was resolved the matter be deferred for a further report to include a review of options for use of the land for aviation purposes.

Crown Lands have advised Council by email that Council either finalise the acquisition of Lot 1 DP 1004805 by payment of compensation and statutory interest or rescind the acquisition and cause a notice of rescission to be published in the Government Gazette.

The email received from the Project Manager of NSW Trade and Investment, Crown Lands, advised under Section 70 of the Land Acquisition (Just Terms Compensation) Act, if Council resolve to rescind the acquisition notice, Crown Lands will only claim $1,000 in compensation (being the 50% share of the original valuation report which was paid by Crown Lands). For this reason, Council should consider rescission of the acquisition notice for Lot 1 DP 1004805.

With regard to airport operations, it can be confirmed that Lot 1 DP 1004805 is located beneath the Obstacle Limitation Surface (OLS) and may require vegetation restriction control to a height not exceeding 15-20 metres. The parcel of land is not within the take-off and landing OLS and therefore it is considered a minor issue with regard to airport aviation operations.

Furthermore, on 21 October 2005 Gazettal of Bangalay Sand Forest Endangered Ecological Community (EEC) was verified and mapped by the then NSW Department of Environment and Climate Change over Lot 1 DP 1004805. The NSW Office of Environment and Heritage (OEH) have strongly requested to rezone Lot 1 DP 1004805 from SP2 Infrastructure ‘Air transport facility’ to E2 Environmental Conservation under BVLEP 2013 due to the presence of a number of threatened species and the presence of an endangered ecological community.

The compulsory acquisition agreement was based on a valuation prepared in 1999 by Caddey Searl and Jarman. This valuation was carried out on the basis that Council owned a significant parcel of adjoining land, being Lot 120 DP 847899, and the possible land swap of Lot 2 DP 549112 which was also owned by Council. The valuation was not carried out in isolation, nor was it based on the zoning of the land at the time. Confirmation was received from Crown Lands that the adjacent Council site, the subject of the proposed land swap (Lot 2), was no longer required however the acquisition proceeded on the basis of the original valuation.

Council requested a further valuation from Opteon Property in August 2012. The valuer was requested to undertake the valuation on the basis the land was to be acquired in isolation under the Land Acquisitions (Just Terms Compensation) Act. The zoning of the land at the time of the valuation in 2012 was 5(a) Special Uses, which was comparable to the 6(a) zoning the land was at the time of the original valuation in 1999, both zones being for public purposes only.

Clarification on both the previous valuations was sought from Opteon, and a third valuation was provided based on the land being in isolation and on the current zoning of SP2 Infrastructure (Air Transport Facility). Assessment of the compensation payable for the property in isolation under the Land Acquisitions (Just Terms Compensation) Act 1991 is $25,000 – the same amount assessed in the 2012 valuation. The valuer also clarified in his opinion, the original valuation in 1999 should not have been based on a Rural 1(a) zoning as the property had always been a public reserve and had never had a superior zoning or use. Therefore the valuation should have considered the zoning at that time.

Council staff are of the opinion however, the acquisition of the site would not have progressed to Gazettal stage without agreement to the amount of compensation payable being reached.

A copy of the Council reports of 1 October 2014, 7 May 2014, 3 July 2012 and 21 November 2012, new Opteon valuation and letter of clarification are attached for information.

Financial

Given no allocation for funding has been made or planned for, compensation payable would need to be taken from Operational revenue.

Conclusion

Due to the site constraints and prohibitive development costs involved in any proposed development of the site, together with the acquisition amount payable of $350,000 plus a significant amount of statutory interest in excess of $250,000, it is not considered feasible for Council to continue with the compulsory acquisition and Council should consider rescission of the acquisition notice for Lot 1 DP 1004805.

Attachments

1 . Report to Council 01.10.2014 ~ Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

2 . Report to Council 07.05.2014 ~ Finalisation of the compulsory acquisition of the historically proposed Merimbula Cultural Centre site

3 . Report to Council 03.07.2012 ~ Rescission of acquisition of land for merimbula cultural centre community and cultural committee

4 . Report to Council 21.11.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

5 . Opteon Valuation Report Lot 1 DP 1004805 30 October 2014

6 . Opteon Valuation Report cover letter Lot 1 DP 1004805

Recommendation

1. That Council write to the Crown Lands Division and seek consent to rescind the acquisition of Lot 1 DP 1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and that Council cause a notice of the rescission to be published in the NSW Government Gazette.

2. That Council finalise the rescission of the acquisition of Lot 1 DP 1004805 by payment of compensation under Section 70 of the Land Acquisition (Just Terms Compensation) Act for the amount of $1,000.

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

Background

In June 1998, Council proposed to acquire and rezone parts of R23456 and R61630, being a section of Crown land near the airport in Merimbula for the purpose of developing a Merimbula Cultural Centre.

Council made application to the Department of Local Government seeking approval for the proposed acquisition of land adjacent to the site to be gazetted. The purpose of the acquisition was to complement the existing Council landholding to enable development of a proposed Merimbula Cultural Centre and would be used as ancillary to the main site.

In exchange for the land to be acquired, Council was required to surrender to the Crown, certain Council land described as Lot 2 DP 549112, comprising of 18.5 hectares which was to be added to the adjacent vacant Crown land of the existing Coastal Protection Area. The surrender of the Council land was a condition of the Crown’s agreement to permit the acquisition. Compensation was to be determined in accordance with the legislation.

On 2 June 2000, the acquisition of Lot 1 DP 1004805 was gazetted, with the issue of compensation yet to be finalised. It would appear that no further action occurred whilst Council investigated development prospects and funding opportunities for the site.

On 3 July 2012, a report was presented to Council recommending rescission of the acquisition due to site restrictions as a result of re-zoning, however due to an address to Council, the matter was deferred for a further report to Council. The further report was intended to address the matter of land valuations, any compensation payable should Council not proceed, and confirmation that the adjacent Council site of 18.5 ha was no longer required as a land swap.

The further report was presented to Council on 21 November 2012, again seeking Council approval to rescind the acquisition, however Council resolved as follows:-

1. That Council retain Lot 1 DP1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and advise the Crown Lands Division of its decision.

2. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on Lot 1 DP1004805 for the purpose of the operation of the airport precinct following the resolution of a further planning proposal.

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

A copy of the Council reports of 3 July 2012 and 21 November 2012 are attached for the information of Councillors.

ISSUES

Legal

In September 2011, the Crown Lands Division wrote to Council noting that the compensation issue remained outstanding. Council was also informed that the requirement to surrender the Council land was no longer necessary.

As the requirement to surrender the Council land was originally imposed to allow rezoning of the Crown Land acquired for the cultural centre, the Crown Lands Division sought Council advice as to whether the compensation issue was intended to be finalised or whether the acquisition was to be rescinded under section 31 of the Act.

Policy

At the time of acquisition, the land was zoned Special Uses 5(a) under the then Bega Valley Local Environmental Plan 2002, however it’s zoning under the CLEP is now SP2 Infrastructure.

Economic

Acquisition of the site as originally proposed is no longer considered feasible due to the significant costs involved to service the land. In addition, a further valuation was obtained from Opteon on 21 August 2012 valuing Lot 1 DP 1004805 at only $25,000.

Consultation

Crown Lands indicated back in 2012 that unless Council had granted other interests in the land since the acquisition or received compensation or other income from the site, it was not expected that Crown would claim any compensation.

Recent contact with both Crown Lands and the Office of Local Government however has indicated that compensation totalling $350,000 will be payable (based on the Caddey Searl and Jarman valuation report of 22 October 1999) and additionally that a significant amount of statutory interest incurred since the date of gazettal would also be payable under Section 50 of the Land Acquisition (Just Terms Compensation) Act 1991. Interest calculated to 29 November 2012 amounted to $203,296.29, however advice will need to be sought to calculate interest to date once Council resolve on its decision on how to proceed. The compulsory acquisition with agreement was based on the market value of the land at the time of gazettal, being 2 June 2000. As part of the agreement reached at that time, Council and the Crown Lands Division each paid a 50% share of the cost of the valuation report.

Financial

Given no allocation for funding has been made or planned for any consideration given would need to be taken from operational revenue.

Conclusion

Due to the site constraints and costs involved in completing the acquisition it is recommended that Council should now write to the Crown Lands Division and seek their consent to rescind the acquisition under Section 31 of the Act and finalise the outstanding issue of compensation relating to the acquisition. In relation to the issue of compensation under part 4 of the Act, when Council seeks the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

Council	14 January 2015
*Item 10.1 - Attachment 3*	Report to Council 03.07.2012 ~ Rescission of acquisition of land for merimbula cultural centre community and cultural committee

3. Rescission of the acquisition of the site intended for the proposed for Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

This report seeks a resolution to rescind the acquisition of crown land in Merimbula that was originally proposed for a cultural centre.

General Manager

Background

In June 1998, Council proposed to acquire and rezone parts of R23456 and R61630, being a section of Crown land near the airport in Merimbula for the purpose of developing the Merimbula Cultural Centre.

Council made application to the Department of Local Government for approval of the proposed acquisition of land adjacent to the site to be gazetted. The purpose of the acquisition was to complement the existing Council landholding to enable development of the proposed Cultural Centre and would be used as ancillary to the main site.

In exchange for the land to be acquired, Council was required to surrender to the Crown, certain Council land described as Lot 2 DP549112, comprising 18.5 hectares which was to be added to the adjacent vacant Crown land of the existing Coastal Protection Area. The surrender of the Council land was a condition of the Crown’s agreement to permit the acquisition. Compensation was to be determined in accordance with the legislation.

The plan of proposed acquisition under the Local Government Act was registered at the Land Titles Office on 10 August 1999.

On this basis, Council resolved on 14 September 1999, on the motion of the Administrator, to approve the acquisition of Lot 1 DP1004805.

In November 1999 the Minister for Local Government, pursuant to section 187(2) of the Local Government Act, approved of Council giving a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act (the Act) in respect of Lot 1 DP1004805. In addition, pursuant to section 19 of the Act, the Governor approved of Council declaring the land is to be acquired by compulsory process. Council was then required to follow the procedures set out for compulsory acquisition of land by Councils.

On 2 June 2000, the acquisition of Lot 1 DP1004805 was gazetted. The compensation issue under the legislation then remained to be finalised.

It would appear that no further action occurred whilst Council investigated development prospects and funding opportunities for the site, and that the compensation issue remains unresolved.

ISSUES

Legal

In September 2011, the Crown Lands Division of the Department of Lands wrote to Council noting that the compensation issue remained outstanding. Council was also informed that the Department of Planning and Infrastructure had advised that the requirement to surrender the Council land was no longer required.

As the requirement to surrender the council land was originally imposed to allow rezoning of the crown land acquired for the cultural centre, the Crown Lands Division sought Council’s advice whether the compensation issue was intended to be finalised or whether the acquisition was to be rescinded under section 31 of the Act.

Policy

The relevant land is currently zoned Special Uses 5(a) under the Bega Valley Local Environment Plan 2002, and is proposed to be zoned SP2 Infrastructure under the draft Comprehensive Local Environment Plan.

Asset

The relevant site forms part of the area known as the Merimbula Airport and Precinct, which is a sensitive site surrounded by lake, wet land and dunal systems. The current airport land held by Council covers the Merimbula sewer treatment plant (STP) and a portion of the Merimbula Pambula Golf Club. Other Council land within the airport holding is a strip east of Arthur Kaine Drive. To its east and south are lands held by NSW Lands and NPWS as crown reserve or Ben Boyd National Park.

Social / Cultural

Since initially acquiring the site, Council has turned its focus to smaller public facility developments in the Shire. The draft Merimbula Airport and Precinct Strategy proposes only to retain and utilise the two hectare tourist allotment for sale, lease or development.

Economic

The significant costs involved to service the land and to develop the site have been determined to be such that it is no longer feasible to develop the site as originally proposed. The site is under consideration for dunal exfiltration from the STP capitals and can remain crown land for that purpose

Strategic

The draft Merimbula Airport and Precinct Strategy (MAPS) details the renewal works required to the runway and associated infrastructure, and includes options for the preparation of a business plan to operate the airport and master plan to develop the airport.

Subject to any renewal works and development taken up by Council, the maintenance of CASA obstacle limitations surface (OLS) may require identification of some public and private lands requiring management of height limits and other development controls in the flight path.

The strategy, business plans and associated documents will detail any such restrictions that are necessary for the precinct, including the adjacent land the subject of this report. In addition, details regarding land uses must await the resolution of planning proposals.

Any such restrictions will ensure there is no interference with operational and other requirements for the airport.

The Crown Lands Division will need to be made aware of the likelihood of such restrictions to the site.

Consultation

Council has discussed the relevant issues with the Crown Lands Division. In relation to the issue of compensation under Part 4 of the Act, when Council seeks the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

It is anticipated that unless Council has granted other interests in the land since its acquisition, and has received compensation or other income, the Crown is not expected to claim any compensation.

Conclusion

It is suggested Council request a rescission of the acquisition under section 31 of the Act and to finalise any outstanding issues of compensation relating to the acquisition process.

Recommendation

1. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on the land the subject of the request for rescission for the purpose of the operation of the airport precinct following the resolution of a further planning proposal.

2. That Council advise the Crown Lands Division of its decision of a rescission of the acquisition Lot 1 DP1004805 under section 31 of the Land Acquisition (Just Terms Compensation) Act.

3. That Council cause a notice of the rescission to be published in the NSW Government Gazette.

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

Council	14 January 2015
*Item 10.1 - Attachment 4*	Report to Council 21.11.2012 ~ Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

10.3. Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

Providing further information following request to reconsider the acquisition of crown land in Merimbula that was originally proposed for a cultural centre.

General Manager

BACKGROUND

This matter was reported to Council on 3 July 2012 when it was deferred to enable further enquiries to be made, including obtaining advice from a valuer.

By way of background, the original concept for a major facilities site in Merimbula was developed in the late 1980s. In the early 1990s, with the support of Council for such a project, a committee of Council was formed to locate a suitable site.

The committee considered potential Council owned sites, and when none were suitable, an approach was made to the Crown Lands office, for a suitable site. In the mid-1990s, negotiations commenced in relation to the relevant site. In June 1998, Council proposed to acquire and rezone parts of R23456 and R61630. This represented the section of Crown land near the airport in Merimbula.

Council made application to the then NSW Department of Local Government for approval of the proposed acquisition of land adjacent to the site to be gazetted. The purpose of the acquisition was to complement the existing Council landholding at Lot 120 DP847899, to enable development of the proposed Cultural Centre and would be used as ancillary to the main site.

In exchange for the land to be acquired, Council was required to surrender to the Crown certain Council land described as Lot 2 DP549112, comprising 18.5 hectares which was to be added to the adjacent vacant Crown land in the existing Coastal Protection Area. The surrender of the Council land was a condition of the Crown’s agreement to permit the acquisition. Compensation was to be determined in accordance with the legislation.

The plan of proposed acquisition under the Local Government Act was registered at the Land Titles Office on 10 August 1999.

On this basis, Council resolved on 14 September 1999, on the motion of the Administrator, to approve the acquisition of Lot 1 DP1004805.

In November 1999 the Minister for Local Government, pursuant to section 187(2) of the Local Government Act, approved of Council giving a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act (the Act) in respect of Lot 1 DP1004805. In addition, pursuant to section 19 of the Act the Governor approved of Council declaring the land to be acquired by compulsory process. Council was then required to follow the procedures set out for compulsory acquisition of land by Councils.

On 2 June 2000, the acquisition of Lot 1 DP1004805 was gazetted. The compensation issue under the legislation then remained to be finalised.

The plans for the Merimbula Cultural Centre remained supported by the Council until it was dismissed in 2001. When the next elected Council was installed, support for the proposal waned, as other community projects were prioritised.

It would appear that no further action then occurred whilst Council investigated development prospects and funding opportunities for the site, and that the compensation issue remains unresolved.

ISSUES

Legal

In September 2011, the Crown Lands Division of the NSW Department of Lands wrote to Council noting that the compensation issue remained outstanding. Council was also informed that the NSW Department of Planning and Infrastructure had advised that the requirement to surrender the Council land was no longer required.

The Crown Lands Division has informed Council that should Council instead determine that it wishes to retain the site, the compensation payable to the Crown by Council would be as agreed as at the date of gazettal in June 2000. If compensation is payable, then interest would also be payable, unless a special agreement, supported by justifiable grounds, is approved to the contrary.

The Crown Lands Division has informed that if Council did not receive any income for the use of the land whilst in the possession of the Council, then the Department of Lands may not claim compensation. The issue of compensation will be a matter for the Department, upon formal notification by Council of its intentions.

Council has obtained a valuation of the site (separately provided to Councillors) and an assessment of whether compensation would be payable, for the purposes of further discussions with the Crown Lands Division.

Policy

Asset

The airport proper has been recently subdivided from the lands east of Arthur Kaine Drive. In the Merimbula Airport and Precinct Strategy, recently rescinded, it was proposed to utilise a 2ha council operational land adjacent to this proposed site, for tourism development, while other council owned lands east of Arthur Kaine may be capable of offset against areas proposed for development on the airport proper, as they were subject to EECs. Those lands were also being considered for dunal exfiltration of effluent from Merimbula STP and long stay carparking.

The lands surrounding the site in question (Lot 1 DP1004805), as noted on the attached maps, are as follows:

Lot 7008 DP 1069534 – owned by the Department of Lands

Lot 7307 DP 1167055 – owned by the Department of Lands

Lot 2 DP 549112 – owned by BVSC; zoned 7(f1) Coastal Lands Protection zone

Lot 120 DP 847899 – owned by BVSC; zoned 5(a) Special Uses zone

Lot 121 DP 847899 – owned by BVSC; zoned 2(1) Residential Tourist zone

Environment

The lot has been described a Coastal Bangalay Forest and classified as Endangered Ecological Community (EEC). The better quality EEC area is understood to be towards the northern zoned tourism site. The lot may also be considered as a potential site for dunal exfiltration of treated effluent from the Merimbula sewer treatment plant.

Economic

The significant costs involved to service the land and to develop the site to accord with NSW legislation are considered to be such that it may be no longer feasible to develop the site as originally proposed.

Strategic

Subject to any airport renewal works and development taken up by Council, the maintenance of CASA obstacle limitations surface (OLS) may require identification of some public and private lands requiring management of height limits and other development controls in the flight path, including those lands east of Arthur Kaine Dr. The adopted LEP, yet to be gazetted through the NSW Minister for Planning, provides for such controls in the flight corridor and ensure there is no interference with operational and other requirements for the airport.

The airport strategy (if reconsidered), business plans and associated documents will detail any such restrictions that are necessary for the precinct, including the adjacent land the subject of this report. In addition, details regarding land uses must await the resolution of a further planning proposal.

The Crown Lands Division will need to be made aware of the likelihood of such restrictions to the site.

Consultation

Council has discussed the relevant issues with the Crown Lands Division. In relation to the issue of compensation under Part 4 of the Act, should Council seek the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

Council heard at deputation at the July 2012 meeting, alerting councillors to initial intended uses for the site around 2000, and suggesting the acquired land be retained and uses kept for community purposes.

Financial

It is anticipated that unless Council has granted other interests in the land since its acquisition, and has received compensation or other income, the Crown is not expected to claim any compensation

Conclusion

Council intended to request a rescission of the acquisition under section 31 of the Act and to finalise any outstanding issues of compensation relating to the acquisition process. No compensation is expected, as the land has not been used since acquisition and no revenues gained.

Notwithstanding, Council may elect to retain the site, hold it for future community uses, or potentially consider for native vegetation offsets or additions to national park or state reserve.

ATTACHMENTS

1. Executive Summary Valuation Sept 2012 (Councillor Only)

2. Map 1 Proposed site for Merimbula Cultural Centre - Lot 1 DP 1004805

3. Map 2 Merimbula Airport Precinct Lands - North and East of Proposed Merimbula Cultural Centre Site

4. Map 3 Merimbula Airport Precinct lands - South of Merimbula Cultural Centre proposed site

Recommendation

1. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on Lot 1 DP1004805 for the purpose of the operation of the airport precinct following the resolution of a further planning proposal.

2. That Council determine whether to retain or rescind the acquisition of Lot 1 DP1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and advise the Crown Lands Division of its decision, and cause a notice to be published in the NSW Government Gazette, if rescinded.

Council 14 January 2015

Item 10.2

10.2. Future Cities Program

Council has been invited to lodge and expression of interest in the 2015 Future City Program.

General Manager

Background

In late 2014, The United States Studies Centre at the University of Sydney invited Bega Valley Shire Council to participate in the Future Cities Program for 2015 (the Program). This Program is focused on city/town-centre revitalisation whilst also supporting local government leaders in building sustainable, livable and resilient communities.

The Program is now entering its third year with Programs run in 2013 and 2014.

In 2013 the participating councils were Blacktown City Council, City of Botany Bay Council, Liverpool City Council, Parramatta City Council, Waverley Council, and Woollahra Municipal Council. In 2014 the invited participants were from City of Canada Bay Council, Gosford City Council, Hornsby Shire Council, Marrickville Council, Pittwater Council, and Wollongong City. Six local government areas are selected for participation in the program for each year. The Program is actively seeking regional Council participation.

The primary goal of the Future Cities Program is to promote sustainable development by supporting elected leaders, together with local government and community leaders, with an evidence based approach to strategic land use planning; additionally, the Future Cities Program also aims to provide on-going knowledge sharing and capacity building between Australian and American partners.
Details of the Program can be found at the following website: http://www.futurecities.org.au/events-50/future-cities-program-2015

The 2015 program, which will be led by Professor Edward Blakely, will take the nominated delegates from the successful Councils through a three-day intensive strategic workshop in Sydney followed by a US-Australian International City Exchange to the west coast of the United States and Vancouver, Canada.

The Program is currently in its first stage for the 2015 year, which involves inviting all local government bodies in NSW to attend an Open House meeting and register their Expression of Interest (EOI) in participating in the Program.

The program is comprised of four stages:

STAGE 1 Project Selection: All New South Wales councils are invited to register their expression of interest in participating in the program. Following the initial expression of interest a formal submission is required from each prospective council. Those selected to participate in the program will be notified and assisted in preparing their project for the Mayors’ Forum. This stage will also involve securing and submitting a council resolution from all prospective councils committing to participate in the Mayors’ Forum and International Exchange, and agreeing to the financial commitments.

STAGE 2 Mayors’ Forum in Sydney: The three-day intensive workshop will be led by experts in urban design and sustainable development from Australia and the United States. The focus of the workshop will be on developing and connecting strategic thinking to planning and urban design skills and approaches.

STAGE 3 US-Australian International City Exchange: After the Mayors’ Forum, all of the selected councils will embark on a seven-day exchange to cities on the west coast of United States of America, where participants will be exposed first hand to the initiatives our American counterparts employ to tackle their sustainability and liveability issues.

STAGE 4 Project Review and Evaluation: Following the Future Cities Program, all attendees will be supported and encouraged to translate their learnings into the development of their precinct.

The Program is supported by the NSW Department of Trade and Investment, the University of Sydney, and the United States Studies Centre at the University of Sydney.

Expressions of Interest close on 13 February 2015. Formal Submissions are then required by 27 February 2015. Submitted projects from each prospective council will then be reviewed, and those selected to participate in the program will be notified by 6 March 2015 and assisted in preparing their project for the Mayors’ Forum.

Benefits to Council

The Program provides significant benefits to participating Councils. The Program provides to all participating councils strategic evidence-based solution formulation and advice regarding a target precinct/issue/project within the Local Government Area. The Program involves the target precinct/issue/project undergoing strategic sustainability analysis, and makes these finding available to and property of Council. The Program also exposes Council to leading American and Australian urban design and planning experts, and facilitates ongoing beneficial relationships between Council and these experts.

It is proposed that should Council consider participation in the Program in 2015 or 2016 that the submitted project would be the town centre redevelopment work currently being undertaken for Bega, Bermagui, Merimbula and Eden. This is a unique project which looks at the future development and focus for the main centres across the Shire. Council is focussing on ensuring that each town is unique and reflects the local community themes and that this is reflected in design and works that will support the centres to grow into the future.

Issues

Legal

There are requirements relating to the resolution by Council relating to overseas travel and subsequent reporting of such activity.

Sustainability

The very clear objective of this program is on developing local government capacity to make a real difference in improving liveability, sustainability and productivity of our towns. As this program is a collaboration between the University of Sydney Faculty of Architecture, Design and Planning, and the NSW Government it is focussed on supporting local leaders to make a meaningful difference to NSW cities and towns.

Social / Cultural

The 2015 Future Cities Program is focussing on the revitalisation of precincts and the holistic sustainability and resiliency of neighbourhoods and communities. It is expected that the 2016 Program would be run in a similar manner.

Economic

Clearly the program focusses on driving local governments to look at and encourage innovative approaches to development and design. The Program has a key objective to move NSW towns and cities towards sustainability and strategically developing their communities in line with future demands placed on their centres as places for people to live, work and play.

Consultation

The Program requires that one of the three representatives from a local government area is a business leader. It is proposed that should Council resolve to support participation in this program in 2015 or 2016 that selection of a suitable person should be done in partnership with the Bega Business Forum and local Chambers of Commerce.

Financial

Program costs for 2015 include:

· Mayors’ Forum - $1,900 for each local government area plus travel and accommodation estimated at $1,000 in total as travel by car would be the preferred mode.

· US/Canada Study Tour - Estimated at $5,000 per person which includes all costs excluding international airfares

· International Airfares – Estimated $1,500 per person

The US-Australian International City Exchange costs include all domestic travel and transfers, accommodation, meals, access to leading American and Australian experts, presentations from various US organisations and institutions on leading urban design and planning practices, and the opportunity for ongoing dialogues and discussions with our US partners.

It would be proposed that if Council resolve to consider this Program the costs for the Mayor be met from the Councillor professional development allocation, the staff component would be negotiated with the objective being that it is a supported program, some aspects would be paid for by the participating staff member from their salary package. The costs for the business representative would be covered by the business growth project allocation and the nominating body.

All other incidentals would be the responsibility of the participating members.

Resources (including staff)

One Council staff member would form part of the project team. All other administrative tasks are carried out by the Program.

Operational Plan

The focus on reinvigorating, redeveloping and re-scoping the four main towns in the Shire is a clear objective in Council’s community strategic plan and associated plans. This project will add significantly to the work currently being done in our town centre design project.

Conclusion

The Future City Program 2015 is clearly a unique and relevant program with Bega Valley focussing on undertaking considerable work in the coming four years to bring about a significant outcome for the four major towns in the local government area. This program would allow for Council to become leaders in regional centre and town revitalisation and take advantage of a number of other significant projects including the Eden Wharf extension and the Merimbula Airport redevelopment. It should be noted that 2015 will be a significant year for all local councils in NSW. Council may wish to defer consideration until the 2016 Program.

Attachments

Nil

Recommendation

1. That Council consider participation in the Future Cities Program in 2015 or 2016.

Council 14 January 2015

Item 11.1

11.1. Organic Waste Process Improvement

Recent changes in Environment Protection Agency (EPA) legislation require producers of compost products to meet quality standards defined in the Australian Standard for Composts, Soil Conditioners and Mulch. This report discusses the need for Council to improve its process, along with analysis of the options in the medium term and a recommends a preferred option.

Group Manager Transport and Utilities

Background

Management of waste involves environmental risks. It is recognised by the EPA and Council that those risks need to be managed appropriately to protect public health and the environment. The benefits of recycling are well understood and include:

· Reduced reliance on landfill;

· Increased social, environmental and economic benefits.

The environmental benefits of recovering organic waste are significant. The quantity diverted from landfill in the Bega Valley each year is approximately 5,000 tonnes. To return this material to landfill would reduce the lifespan of the Central Waste Facility (CWF) by approximately one third, and increase methane emissions and consequent greenhouse gas impacts substantially.

The environmental risks posed by recovering and processing garden waste into compost relate to, fire, leachate control and pasteurisation processes. The composting/pasteurisation process is not complicated, however it does require additional monitoring and management of windrows and stockpiles through the various stages of the process. The EPA publishes a guideline for composting facilities and directs the processor to AS4454 – Composts, Soil Conditioners and Mulches for guidance on infrastructure and performance objectives.

To achieve legislative and environmental outcomes, it is proposed Council acquire additional plant and create a dedicated fixed term field position to establish and improve the process of organic composting from waste received through all stages of the process, including development of a documented quality assurance process.

Under the Protection of the Environment Operations Act 1997 (POEO) and POEO (Waste) Regulation 2014, the EPA has the power to exempt waste material from some of the requirements of the waste regulatory framework where it can be demonstrated that use of the waste is a fit for purpose reuse opportunity and causes no harm to the environment or human health. The legislation is intended to draw a line between legitimate resource recovery and waste disposal practices which may cause environmental harm.

The current practice of stockpiling garden waste, periodically shredding and then providing a product to the public (currently at no charge) does not meet the requirements of the new regulation and the status quo presents a significant risk to Council. This report advocates a modest increase in resourcing in terms of plant and labour to improve the process to meet compliance objectives, along with delivering a range of additional benefits discussed further below.

Asset

The proposal requires civil works at Merimbula Transfer Station as part of the final closure plan for the landfill activity. The works include the development of an impervious hardstand over an older area of landfill and design and construction of a compost leachate management system. These works have been planned for and accommodated within the existing budget for landfill closure works.

Issues

Legal

Regulation of waste is provided under the POEO. The EPA has recently concluded a review of the subordinate legislation, the POEO (Waste) Regulation. The new regulation came into effect on 1 November 2014.

Environmental

The proposal continues Council’s commitment to recycling and reduction of waste to landfill and reuse of waste.

Consultation

The proposal will require some discussion with the NSW EPA but does not impact on current services offered to the community, except with regard to improving the quality of the product that will become available.

Financial

At present Council does not charge a fee for supplying mulch by the trailer/ute load as the full cost of the current process is met by the gate fee (or waste charges for kerbside collected garden waste). Mulch supply is far greater than demand and a large quantity of accumulated mulch is used for rehabilitation purposes on landfill sites. With the staged closure of the old landfill sites, the demand for the mulch product will decrease further.

It is believed the lack of demand for the product could be caused by a number of factors including:

· Lack of confidence in product quality – which is addressed by this proposal;

· Convenience of loading services – which requires suitable site plant and staff training;

· Lack of marketing and education in relation to the benefits of organic compost.

Adding value to the mulch to produce a pasteurised compost product will have a financial impact however it is expected to result in a product which is far more marketable, so consideration should be given to how the cost of additional composting processes is recovered.

Option 1: Recover full cost via gate fee (no fee for compost sale)

This option would require an increase in the gate fee for garden waste from current $18/cubic metre to approximately $30 and compost would remain available to the general public at no charge.

Advantages	Disadvantages
• Increased gate fee covers entire process cost.	• Increased gate fee likely to result in complaints and dissatisfaction.
• Financial risk is low and is borne by waste generator	• Higher environmental risk of inappropriate garden waste disposal (burning & illegal dumping) due to increased gate fee.
• Value added compost product available to the public at no charge.	• Potential commercial competition impact due to high quality material being given away at no charge.
	• Product potentially viewed as having of no value despite considerable quality improvement.

Option 2: Recover part cost via gate fee and part cost via compost sales

Option 2 involves splitting the additional processing cost between the gate fee and the sale price of the compost, for example at a ratio of 50:50. The gate fee would reduce to approximately $15.00/ cubic metre, and a charge of $15 per cubic metre would apply to the compost. This model is most commonly adopted by Council waste facility operators.

Advantages	Disadvantages
• Financial risk is distributed between waste generator and product end user.	• Moderate financial and operational risk due to uncertainty of end user market (partly mitigated by Council commitment to use in projects).
• Value added compost available to the public at very low cost	• Potential customer dissatisfaction (likely to be slight) due to pricing of compost.
• Slight reduction in gate fee likely to result in customer satisfaction.	• Potential commercial competition impact due to high quality material being sold well below market value.
• Slightly reduced environmental risk of inappropriate garden waste disposal	· Still some potential for inappropriate waste disposal

Option 3: Recover full cost via compost sales (no gate fee)

Council could dispense with the gate fee for garden waste altogether and recover the entire cost of the process from the sale of compost at approximately $30/m³. This model is similar to that adopted by the Cooma Monaro Shire Council (CMSC) and in the Australian Capital Territory.

Advantages	Disadvantages
• Significantly reduced environmental risk in terms of illegal dumping and inappropriate burning of garden waste.	• High financial risk as demand likely to be reduced by higher purchase price. Significant market uncertainty.
· Competition with landscape material suppliers on a more level playing field	• Likely to increase quantities of garden waste possibly significantly; further increasing operational and financial risks.
• Price of compost clearly linked to cost of production.	· No financial disincentive to waste generation.
· Significant level of customer satisfaction for waste generator.	• Potential customer dissatisfaction at price of compost.
	• High financial risk as demand likely to be reduced by higher purchase price. Significant market uncertainty.

Option 2 is the preferred model as a starting point as it appropriately distributes the risks of the operation between waste generator and Council. Council should consider this option as a starting point, and subject to the outcomes of the programme, move the business model toward Option 3 if appropriate.

Council should also take the lead in using the product in its own applications. The potential for use in parks, sportsgrounds and landscaping is significant provided the product meets appropriate standards.

The proposal has a modest financial impact in terms of additional labour and plant to manage the process however this cost should be completely offset by the value of the resource produced. The following inputs are required to manage the process:

Item	Funding source		Amount
Tractor, tow behind water tank and windrow turner	Waste fund	$	20,000 p.a. (approx. $200,000 capital outlay)
2 year fixed term project officer/operator (field based incl. 67% on costs)	Waste fund	$	91,326 p.a
Sampling and testing costs	Waste fund	$	10,000 p.a.
Transport (assumes approx. 1000 m³ of material trucked to Merimbula from outlying facilities) each year	Waste fund	$	25,000 p.a
Waste shredding contract (existing cost)	Waste fund	$	64,000 p.a
Total process cost		$	194,000 p.a
Cost/m³ product (assume 7000m³/annum)		$	30.05

The total cost of the process is approximately $30 per cubic metre which is similar to the costs quoted by CMSC who have been operating an enhanced process for approximately two years. CMSC do not charge a gate fee but have set their compost price at $60/m³. The product is of a high standard but on their advice the product price has been set too high for the local market (Attached photographs of Cooma process).

Resources (including staff)

The proposal requires resources as detailed above which will be met entirely from within available funding sources and may be reduced subject to Council obtaining a grant under the EPA’s Waste Less Recycle More initiative.

Conclusion

To ensure legislative compliance, process and risk is managed appropriately it is recommended Council increase the resourcing level afforded to the garden organic waste composting process. Infrastructure upgrades, plant and human resources are required to achieve these objectives, and it is recommended the process improvement is treated as a project with drive and ownership of project outcomes driven from within the field based waste management team.

Attachments

1. Organic waste process improvement - Cooma photographs

Recommendation

1. That Council endorse the creation of a fixed term project officer dedicated to process improvement of organic waste management in the field for a trial period of 2 years.

2. That Council endorse the acquisition of appropriate plant required for efficient processing of organic waste at Merimbula Transfer Station.

3. That Council adopts the Option 2 charging model that distributes the financial impact of additional processing cost between the waste generator and product user.

Council 14 January 2015

Item 11.2

11.2. Sewer main jetting and pump station vacuuming RFT 64/14

This report details the outcomes of evaluation of Tender RFT 64/14 for sewer main jetting and pump station vacuuming and recommends award to the preferred tender.

Group Manager Transport and Utilities

Background

The Water and Sewerage Services Asset Management Plan has identified a need to carry out proactive sewer asset cleaning throughout the shire.

The works increase the operating life of Council’s sewer mains and reduce the incidence of sewer blockages and unlicensed sewage discharges to the environment.

Sewer cleaning is to be carried out in all Bega Valley townships serviced by gravity sewer systems. A programme of jetting works has been developed in accordance with sewer main condition and also performance data from Council’s Closed Camera Television (CCTV) programme.

The contract is based on sewer jetting at an annual and per metre rate with specific asset vacuuming activities costed on a per hour basis. The work will be funded from approved operations budget allocations for the 2014/15 and 2015/16 financial years.

Tenders were advertised in local media and in the Sydney Morning Herald. At the close of the tender box on 11 November 2014 submissions were received from the following companies:

• A&L Pipe-Eyes Pty Ltd

• Aqua Assets Pty Ltd

• Barry Bros Specialised Services Pty Ltd

• DASMA Industries

• GMA Environmental Services

• Interflow Pty Ltd

The tender submissions were assessed against the following evaluation criteria

Price 45%

Project Experience 35%

Safety Systems 15%

Local Community Benefit 5%

Issues

Policy

Procurement and execution of the services are in accordance with Council policies.

Environmental

The proposed works will reduce the frequency of unlicensed sewage discharges to the environment.

Asset

The proposed works will enhance the life and performance of sewer assets.

Strategic

The proposed works will help achieve the Levels of Service detailed in Council’s Water Supply and Sewer Strategic Business Plan.

Consultation

Residents will be contacted prior to work commencing in their area.

Financial

Funding source		Amount
23010.2300.2311 \| Mains and Connection Operation	$	400,000

Resources (including staff)

Contract administration and sundry field support activities will be undertaken by Council staff.

Operational Plan

The proposed works will help achieve goals detailed in Council’s Operational Plan.

Conclusion

The Water and Sewerage Services Asset Management Plan has identified the need to carry out proactive sewer cleaning works throughout the shire.

The proposed jetting and vacuuming works will increase the operating life of Council’s sewer mains, reduce the incidence of sewer blockages and unlicensed sewage discharges to the environment.

A confidential memo is attached to this report and provides details of the tender evaluation process inclusive of a recommendation for engagement of the preferred contractor.

Attachments

1. Councillors Memorandum RFT 64/14 (Confidential)

2 . Tender Assessment RFT 64.14 (Confidential)

Recommendation

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

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 64/14, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

Council 14 January 2015

Item 11.3

11.3. Bega Valley Local Traffic Committee Meeting - 3 December 2014

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee meeting held 3 December 2014.

Group Manager Transport and Utilities

Background

The Bega Valley Local Traffic Committee held a meeting on 3 December 2014, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. The recommendations were supported unanimously by the Committee.

Attachments

Nil

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 3 December 2014 and approve the following:

Rotary Club of Merimbula, Merimbula Mother’s Day Classic Fun Run - 10 May 2015

1. That the proposed traffic arrangements involving Ocean Drive and Fishpen Road, Merimbula for the Merimbula Mother’s Day Classic on Sunday, 10 May 2015, be deemed a Class 2 special event.

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

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

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

6. That the event achieves all conditions of Council’s issued Land Use approval.

7. That Marshalls indicated on the Route Plan at Ocean Drive and Fishpen Road; wear the appropriate high visibility clothing.

8. That event organisers liaise with public transport operators and provide special event details to enable an alternate route for their patrons during proposed traffic arrangements.

Bermagui Seaside Fair Street Parade – 14 March 2015

1. That, subject to conditions, Scenic Drive, Bermagui from Endeavour Point Headland will be temporarily closed from 9.30am to 11.30am on Saturday, 14 March 2015 for the Bermagui Seaside Fair Street Parade.

2. That, subject to conditions, Lamont Street, Bermagui between the intersections of Montague Street and Wallaga Street be temporarily closed from 9.30am to 11.30am on Saturday, 14 March 2015 for the Bermagui Seaside Fair Street Parade.

3. That the proposed traffic arrangements involving the temporary closure of Scenic Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair street parade on Saturday, 14 March 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

8. That event organisers are to liaise with public transport operators and provide special event details to enable an alternate route for their patrons during proposed traffic arrangements.

Council 14 January 2015

Item 11.4

11.4. Review of Developer Contributions for childcare establishments

Due to recent development applications and requests from applicants, a review of the method and value of developer contributions as applied to childcare and preschool facilities has been undertaken. The result and conclusions of this review is outlined within this report.

Group Manager Transport and Utilities

Background

Developer contributions have been calculated using those set out in the fees and charges guidelines. Where there is no set assessment under Council’s fees and charges, current practise is to refer to the method outlined in the Water Directorate Equivalent Tenement (ET) Guidelines.

The water directorate indicates headworks contributions applicable for childcare and preschool facilities should be calculated on a per person basis. This includes both children and teachers. The number of people in the centre is then multiplied by an ET figure, and any credits existing are subtracted to give the total ET’s applicable for the development.

· No. People × water ET value-credits=total Water ET for development

· No. People × sewer ET value-credits=total Sewer ET for development

The current per person ET values for water and sewer are 0.06 and 0.1 respectively. These ET values are based on the assumption of the average water and sewer usage and discharge of 230 kL/a and 140 kL/a respectively.

It has been suggested the ET figures for childcare and preschool facilities are too high and that due to an increase in water saving and re-use measures, the ET figures should be reduced, therefore reducing the value of developer contributions.

Issues

Legal

The changes to the developer contributions for childcare/pre-school centres will require amendment to Council’s fees and charges

Social / Cultural

The reduction in developer charges for childcare/pre-school facilities may provide additional incentive for the development of centres throughout the Shire, increasing the access to early childhood education.

Financial

In order to evaluate the claim that childcare and preschool facilities use less water and discharge less to sewer than outlined in the Water Directorate Guidelines, an evaluation of the water consumption was undertaken for all childcare and preschool centres in the Bega Valley Shire. The results of this evaluation can be seen below.

The first step in reviewing the value of developer contributions involved determining the number of children in the childcare and preschool facilities each day. This involved calling each facility and asking for information regarding their occupancy numbers. Once this was determined, the water consumption was divided by the number of people (children and teachers) occupying each facility. This gave a figure for the amount of water used per person, per annum. This figure was then divided by the standard water usage figure for BVSC (205kl/a) not the water directorate (230kL/a) to determine the equivalent tenement value per person. This was repeated for all facilities. An average of the ET value was then taken to determine what the value of an ET should be locally. 2 values were found to be statistically invalid and were therefore excluded from the average calculation.

The same process was followed to determine the ET value for sewer, with the inclusion of a sewer discharge factor. It is recognised not all the water used in childcare and preschool facilities will be discharge to sewer, and it is therefore appropriate to adjust the water consumption figure to reflect the predicted volume of sewer discharge. Due to the small amount of watering of gardens, and the presence of children, it was determined a 90% sewer discharge factor was appropriate.

			Water		Sewer
Centre	KL Consumption Average	Number People	kL/A/P	ET/P	KL/A/P	ET/P
Bandara	519	65	7.99	0.039	7.19	0.051
Bega Pre-School	161	44	3.65	0.018	3.29	0.023
Bermagui Pre-School	134	32	4.19	0.020	3.77	0.027
Eden Childcare	610	43	14.19	0.069	12.77	0.091
Eden Pre-school	129	27	4.78	0.023	4.31	0.031
Little Lambs	295	39	7.57	0.037	6.82	0.049
Little Nippers Childcare	478	62	7.71	0.038	6.94	0.050
M.T. Kindergarten	394	65	6.07	0.030	5.46	0.039
Pambula Pre-School	287	42	6.82	0.033	6.14	0.044
Shorebreakers Childcare	646	60	10.77	0.053	9.69	0.069

				0.0402		0.05296

Conclusion

From the above calculations, it can be seen there is a large variation and only a mild correlation between water consumption and the number of children in a childcare or preschool facility. Despite the relationship being marginal, it can be seen there is a relationship.

With an increase in the number of occupants in a facility on a daily basis, there is an increase in the water consumption. The relationship between these factors could be diluted as a result of the small sample size, the variations in water saving measures adopted by the facilities, as well as water harvesting, and the geographical location of the facilities.

It can be seen from the calculations above the average ET value for the childcare and preschool facilities is 0.040 for water and 0.053 for sewer. Subsequent calculations relating water consumption to the area of the facility, and water consumption to the size of the buildings yielded results that showed no relationships. From this it can be seen the strongest relationship between water consumption and childcare and preschool facilities lies in the number of occupants at the facility each day. Those facilities with a higher occupation generally consume more water and therefore discharge more to Council’s sewer infrastructure.

The review suggests the ET value for childcare and preschool could be levied to reflect local experience.

On this basis it is recommended that water ET be reduced from 0.06 per person to 0.04 and for sewer from 0.1 per person to 0.06.

Attachments

Nil

Recommendation

1. That Council approve the ET value used to calculate the total ET value for childcare and preschool developments, be reduced to 0.04 ET per person for water and 0.06 ET per person for sewer.

2. That Council note the method of calculation for the total ET value of childcare and preschool facilities is based on the number of occupants in the facility on a daily basis.

3. That Council advertise and amend Council’s Fees and Charges to reflect the change.

Council 14 January 2015

Item 11.5

11.5. Recommendation for acceptance of Tender RFT 60/14

This report details evaluation of RFT 60/14 – Tender for Sewer Mains Relining program of works for 2014/15 and 2015/16

Group Manager Transport and Utilities

Background

Bega Valley Shire has an annual program of sewer mains renewals utilising both sewer pipe bursting and sewer relining to ensure the ongoing performance of sewerage systems, as outlined in the 2011 Sewerage Asset Management Plan and the 2014 Strategic Business Plan. This financial year sewer mains in Bega and Eden are programmed for renewal, with mains in Bega and Eden renewed via relining.

Relining is a trenchless method of extending the life of buried pipelines without replacing the existing pipe. Relining provides a rigid spirally wound UPVC or alternatively a heat treated plastic liner installed within the existing pipes. It is used in situations where there are root intrusions or damaged internal surfaces but not where pipes are severely disjointed.

The alternative pipe bursting technology also allows for increasing the diameter of pipelines to increase capacity, as recently carried out in Bega. A limiting factor is the risk of impacting on nearby structures when upsizing and difficulties in carrying out these works on excessively deep mains.

Relining does not incur these risks, especially the spirally wound version which can be carried out on live sewer mains.

The scope of the relining works is for supply of specified materials including pipes, fittings, excavation, installation, reconnection, backfill and restoration of surfaces for 150 mm, 225mm and 300mm diameter sewer reticulation mains over a two year period. An indicative program of works for the first year with approximate total lengths for tender evaluation purposes was included in the tender as follows:

· 1492 metres in Bega; and

· 537 metres in Eden.

A schedule of prices has also been included in the tender, to allow the schedule of individual sections of mains relining works to be reprioritised or altered based on Closed Camera Television (CCTV) camera investigations underway at the time of calling tenders.

Tender

The Tender was advertised in the Sydney Morning Herald on 21 October 2014, in Local newspapers and on Council’s webpage during week commencing 20 October 2014.

Tender Documents were issued on the 21 October 2014 and tenders received up to 12 noon on the 26 November 2014 via the Tenderlink electronic tendering system. Three companies obtained documents and attended the mandatory pre-tender meeting.

A tender evaluation plan consistent with the NSW Local Government Tendering Regulations and the Conditions of Tendering was prepared and endorsed by the tender evaluation panel prior to the close of tenders.

The tender evaluation criteria and weighting were as follows:

Criteria	Description	Weighting
Non Financial Criteria
Experience in works of a similar nature and value, as a company and with proposed individuals	similar recent relining projects proven track record qualifications and experience of project and site manager	15%



Methodology	Demonstrated understanding of works required, including risk management and customer relations. QA, safety and environment management systems, program of works	20%
Local community benefits	Establishment of worksite, procurement of goods and services within the shire.	5%
	Non –Financial Criteria Subtotal	40%
Financial Criteria
Total Extended Schedule of Rates and Lump Sum Items	Total offered within Tender Schedules with calculated value of additional works for year 2 based on schedule of rates	60%
	Financial Criteria Subtotal	60%

At the time of close of tenders, 2 conforming tender submissions were received. The tender evaluation was carried out in accordance with the Tender Evaluation Plan with a preferred tender identified in this process. See details in the attached Confidential Memorandum to Councillors.

Issues

Legal

The tendering process was required to comply with the Local Government (General) Regulation 2005 (the Regulation).

Policy

The subject works are in accordance with Council’s Asset Management Plan.

Environmental

The proposed works will provide a positive environmental impact by increasing the reliability and performance of critical sewage reticulation systems, reducing the possibility of discharges of sewage to the environment.

A formal REF has been prepared for the works for issue to the successful tenderer before works commence.

Asset

The ongoing need for sewerage reticulation renewal/upgrade works is identified in Council’s Sewer Asset Management Plan.

Social / Cultural

Reduction in sewage surcharges due to mains blockages will improve the social amenity. The technique used minimises excavation and disruption to customers’ access and impact on property assets.

Economic

The ongoing reliability of Council’s sewerage assets will continue to support the important tourism and aquaculture industries in the Bega Valley Shire.

Strategic

The works included in the program are consistent with Council’s Asset Management Strategy and the current Water and Sewer Strategic Business Plan.

Consultation

A consultation plan is included in the scope of works, whereby written notification of the program of works is to be provided to householders and property owners. Further notifications will be made when works are due to commence.

Financial

The recommended tender price is accommodated in Council’s two year 2014/16 budget for sewer mains renewals works as detailed in the attached confidential memo to Councillors.

Resources (including staff)

Project management and site inspections of the construction works will be undertaken by Council staff.

Operational Plan

The proposed works are in accordance with Council’s Operational Plan.

Conclusion

This report recommends award of the contract to a preferred tenderer in accordance with details presented to Councillors in the Confidential Memorandum attached to this report.

Attachments

1. Councillors Memorandum - RFT 60.14 2014/15 and 2015/16 (Confidential)

2. RFT 60.14 Tender Evaluation for sewer mains pipe relining (Confidential)

Recommendation

1. Council accept the recommendations as outlined in the confidential attachment.

2. Council accept the tender submission from <insert> in relation to the tender for Sewer Mains Relining for 2014/15 and 2015/16 in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

Council 14 January 2015

Item 11.6

11.6. Recommendation for acceptance of Tender RFT 59/14

This report details evaluation of RFT 59/14 – Tender for Sewer Mains Pipe bursting program of works 2014/15 and 2015/16

Group Manager Transport and Utilities

Background

Bega Valley Shire Council has an annual program of sewer mains renewals utilising both sewer main pipe bursting and sewer main relining to ensure the ongoing performance of sewerage systems, as outlined in the 2011 Sewerage Asset Management Plan and the 2014 Strategic Business Plan. This financial year sewer mains in Bega are programmed for renewal.

Pipe bursting is a trenchless method of extending the life of buried pipelines without replacing the existing pipe. Pipe bursting provides a new high density polyethylene pipe installed within the existing pipes. It is used in situations where there are root intrusions or damaged internal surfaces.

This technology also allows for increasing the diameter of pipelines to increase capacity, as recently carried out in Bega to divert flows from sections of the reticulation network where surcharging was occurring during wet weather events. A limiting factor is the risk of impacting on nearby structures when upsizing and difficulties in carrying out these works on excessively deep mains.

The scope of the pipe bursting works is for supply of specified materials including pipes, fittings, excavation, installation, reconnection, backfill and restoration of surfaces for 150 mm, 225mm and 300mm diameter sewer reticulation mains over a two year contract period. An indicative program of works with approximate total lengths for tender evaluation purposes was included in the tender as follows:

· 3266 metres in Bega and

· 1765 metres in Eden.

A schedule of prices has also been included in the tender, to allow the schedule of individual sections of mains pipe bursting works to be reprioritised or altered based on Closed Camera Television (CCTV) camera investigations currently underway.

Tender

The Tender was advertised in the Sydney Morning Herald on 21 October 2014, in Local newspapers and on Council’s webpage in the week commencing 20 October 2014.

Tender documents were issued on the 21 October 2014 and tenders received by 12 noon on the 26 November 2014 via the Tenderlink electronic tendering system. Four companies obtained tender documents and attended the mandatory pre-tender meeting.

A tender evaluation plan consistent with the NSW Local Government Tendering Regulations and the Conditions of Tendering was prepared and endorsed by the tender evaluation committee prior to the close of tenders.

The tender evaluation criteria and weighting were as follows:

Criteria	Description	Weighting
Non-Financial Criteria
Experience in works of a similar nature and value, as a company and with proposed individuals	similar recent relining projects proven track record qualifications and experience of project and site manager	15%



Methodology	Demonstrated understanding of works required, including risk management and customer relations. QA, safety and environment management systems, program of works	20%
Local community benefits	Establishment of worksite, procurement of goods and services within the shire.	5%
	Non –Financial Criteria Subtotal	40%
Financial Criteria
Total Extended Schedule of Rates and Lump Sum Items	Total offered within Tender Schedules with calculated value of additional works for year 2 based on schedule of rates	60%
	Financial Criteria Subtotal	60%

Issues

Legal

The tendering process was required to comply with the Local Government (General) Regulation 2005 (the Regulation).

Policy

The subject works are in accordance with Council’s Asset Management Plan.

Environmental

A formal REF has been prepared for the works for issue to the successful tenderer before works commence.

Asset

The ongoing need for sewerage reticulation renewal/upgrade works is identified in Council’s Sewer Asset Management Plan.

Social / Cultural

Reduction in sewage surcharges due to mains blockages will improve the social amenity. The technique used minimises excavation and disruption to customer’s access and impact on property assets.

Economic

The ongoing reliability of Council’s sewerage assets will continue to support the important tourism and aquaculture industries in the Bega Valley Shire.

Strategic

The works included in the program are consistent with Council’s Asset Management Strategy and the current Water and Sewer Strategic Business Plan.

Consultation

Financial

The recommended tender price is accommodated in Council’s two year 2014/16 budget for sewer mains renewals works as detailed in the attached confidential memo to Councillors.

Resources (including staff)

Project management and site inspections of the construction works will be undertaken by Council staff.

Operational Plan

The proposed works are in accordance with Council’s Operational Plan.

Conclusion

This report recommends award of the contract to a preferred tenderer in accordance with details presented to Councillors in the Confidential Memorandum attached to this report.

Attachments

1. Councillors Memorandum - RFT 59/14 (Confidential)

2. RFT 59/14 Tender Evaluation for Sewer Mains pipe bursting (Confidential)

Recommendation

1. Council accept the recommendations as outlined in the confidential attachment.

2. Council accept the tender submission from <insert> in relation to the tender for Sewer Mains Pipe bursting for 2014/15 and 2015/16 in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

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

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

Council 14 January 2015

Item 11.7

11.7. RFQ 49/14 Suppy and delivery of one (1) wheeled excavator plant number 186001 with a weight range between 9000Kg to 11000Kg

This report details the outcome of the evaluation of RFQ 49/14 for the purchase of one wheeled excavator and recommends award to the preferred supplier.

Group Manager Transport and Utilities

Background

As per Council’s plant and equipment long term financial plan, quotations were called via Local Government Procurement Vendor Panel for the supply and delivery of a wheeled excavator including a mulching attachment to replace Council’s existing tractor/slasher/reach mower combination that operates within the Sealed Road Maintenance Team.

The wheeled excavator quoted, had a machine weight range of 9,000kg to 11000kg kg.

At the close of quotation period on 24 September 2014, two quotes were received from separate companies; the two machines were of the correct class and meet all specifications, therefore both machines were included in the initial tender assessment.

The preferred company was given the opportunity to demonstrate their wheeled excavator at its dealership in Sydney to enable Council’s operator and Fleet Supervisor to carry out the second stage of the assessment. The excavator is a brand new model released to Australia in December 2014 and proved to be a very capable machine of meeting the required operational needs of Council.

Issues

Asset

The purchase of a wheeled excavator forms part of an approved restructure in the Sealed Road Maintenance Section and will be replacing Council’s tractor/slasher/reach mower combination. It is anticipated the wheeled excavator will be greater utilised and a more efficient machine, meeting the change in work tasks within the Sealed Road Maintenance Section.

The proposed plant mix will provide Council with two existing tractor slasher units and one excavator/mulcher to cater for road side slashing, vegetation control and sealed road verge maintenance.

It has been identified via reports generated by “Reflect” (Councils Maintenance Management Software) an increase in the number of pipe, drainage and shoulder defects on sealed roads. The wheeled excavator will be utilised to rectify these issues in combination with vegetation management.

The excavator will be utilised as a quick deployment machine during natural disasters consisting of storms, floods, high winds and bushfires, carrying out immediate vegetation clean up, drainage repairs and rehabilitation works.

The expected life span for the Excavator/Mulcher with Council is a total of eight years or 8,000 machine hours.

Financial

The excavator has an asset value in the vicinity of $220,000 and will be replacing the existing tractor/slasher/reach mower with a combined replacement value of $290,000. Funding is available within the Plant Reserve Budget.

Conclusion

The assessment and field trials of the wheeled excavator, determined the preferred machine to suit Bega Valley Shire Council’s operational needs and provide a high level of design and safety features aimed towards the operator.

The successful supplier’s machine has been recommended to Council on the basis of minimum whole of life costs, with maximum productivity and minimum breakdown time being a major factor to support Council’s Sealed Road Maintenance and Vegetation Control programs. The preferred machine meets all standards and required specifications.

Attachments

1. Councillors Memorandum - RFT 49/14 (Confidential)

Recommendation

1. That Council accepts the recommendation as outlined in the confidential attachment.

2. That Council accept the quotation from (insert) in relation to the purchase of one wheeled excavator as described in RFQ 49/14, in the amount of $(insert) (including GST).

3. That Council approve the sale of the existing tractor/reach mower via Government Auctions.

4. That authority is delegated to the General Manager to execute all necessary documentation.

5. That the other supplier be advised of Council’s decision.

Council 14 January 2015

Item 12.1

12.1. Procedure 5.02.9 Elected Officials Communication Protocols

This Communication protocol has been developed to provide guidance in relation to using good communication principles and practices in written and oral communication between and from Elected Officials.

Executive Manager Organisational Development and Governance

Background

The Office of Local Government (OLG) in its Model Code of Conduct specifies the requirements of behaviour for Elected Officials and Council Employees. In September 2013, Bega Valley Shire Council conducted a review of its policy documents – including policy 5.02 Behaviour of Councillors and Staff.

Following on from this review, Council adopted a document which reflects the OLG’s Model of Code of Conduct – procedure 5.02.1 Code of Conduct. This procedure stipulates the required behaviours of elected officials, the General Manager, and employees, as well as members of Council Committees. The Code of Conduct deals with eight particular sub-topics, two of which are ‘Relationships between Council officials’ and ‘Use of Council Resources’.

This draft Communication Protocol has been written to reflect and reiterate the information provided by the OLG in its Model Code of Conduct. The purpose of the protocol is to clearly encourage efficient and effective communication practices between elected officials and between elected officials and Council employees. The principles and methods of communication included in the protocol are based on Council’s adopted Code of Conduct, its Customer Service Commitment and Standards of Service, as well as industry standard communication processes.

Issues

Policy

The adoption of this protocol has implications on a policy level as its implementation supports compliance and commitment on behalf of elected officials and employees alike. From an elected official’s perspective, the protocol provides clarification of expectations about reasonable and professional behaviour related to ways of communicating within Council.

From an employee’s perspective, the protocol outlines expectations of reasonable and appropriate response timeframes to requests by elected officials.

There are a number of advantages of implementing this protocol. It will increase operational effectiveness and transparency. Requests will be registered in a formal context to ensure response in an appropriate manner and timeframe. The quality of information provided in response to requests will also be improved as Managers will have an opportunity to consult with other relevant Council officers prior to responding.

Conclusion

The draft Communication Protocol is designed to clarify the expectations of communication between elected officials and between elected officials and Council employees. It has been drafted in alignment with the Model Code of Conduct as well as Council’s Customer Service procedures. Implementation of this procedure will lead to an improved level of communication in terms of effectiveness and efficiency.

Attachments

1. Procedure 5.02.9 Elected Officials Communication Protocol

Recommendation

That Council adopt the Communication Protocol Procedure 5.02.9.

Council 14 January 2015

Item 12.2

12.2. Options for conducting the 2016 Local Government Election

Research has been undertaken to determine the best option for the administration of the 2016 Councillor Elections for the Bega Valley Shire Council.

Executive Manager Organisational Development and Governance

Background

Prior to the 2012 elections, Council was advised of three options for administrating Local Government Councillor Elections. The three options were to:

· Engage the New South Wales Electoral Commission (NSWEC)

· Run the election internally utilising Council staff

· Engage a third party.

Under Section 55(3) of the Local Government Act 1993 (the Act), Council were also advised it could enter a contract with the NSWEC without having to invite tenders for the administration of elections even though the estimated costs exceed $150,000 tender threshold.

2012 Elections

In 2012, Council engaged the NSWEC to coordinate its election. The cost incurred for this service was $196,816.40.

Although the NSWEC were engaged to coordinate the election process; the General Manager oversaw the conduct of the election as required by the Local Government Act 1993 and Local Government Amendment (Elections) Act 2012 No 21.

The General Manager was supported by Council officers where required, to prepare the Non-Resident Roll, including writing to potential non-resident electors, providing telephone, email and other written advice. Additionally, Council officers spent time liaising with the Returning Officer’s staff members in relation to a variety of issues both prior to and after the actual Election Day. The role of Council officers during the election process included: identifying locations of polling places and advertising advice; planning; and logistics. This level of Council officer involvement is expected to be replicated for the 2016 elections. Council officers involved in dealing with the 2012 elections included relevant managers, the communications team and customer service staff. The number of hours committed by Council officers was in the order of 210 hours.

Following the 2012 elections Council received a significant amount of feedback regarding the election process. Specifically, the feedback focussed on the perceived lack of public awareness of the election taking place and the logistics of the election. A number of suggestions were provided as part of this feedback process including:

· Providing a general mail-out to all potential electors not just ratepayers;

· Promoting the election more widely using local radio stations;

· Including election information on Council’s website in a clear and concise manner; and

· Improving communication about the actual location of the Returning Officer.

2016 Elections

As mentioned above, it is expected the General Manager, Executive Manager Organisational Development and Governance, the Governance Coordinator, Communications Coordinator, and Executive Assistants and Customer Service Staff will be engaged to facilitate delivery of the 2016 election process. Other managers or staff will be involved on a needs a basis.

The same three options for administrating the election are available to Council for the 2016 elections.

Table 1.1 of this report provides a comparison of projected costs for each of the three options available. The figures provided for the 2016 process are based on an increase of 4% from the costs incurred during the 2012 elections.

Table 1.1 – Details of options for coordinating 2016 Council Elections

Option		Amount (2016)	Amount (2012)
(1) Engage the NSWEC	$	205,000.00	196,816.40
(2) Council – internally run election	$	214,569.00	206,316.00 *
(3) Engage the Australian Electoral Company (third party provider) (without deductions) (with deductions)	$	306,781.92 224,275.01	-

*For option 2 the figure used to calculate running the election with Council staff, is based on the average costs incurred by three Councils in 2012 that are relatively the same size as the Bega Valley Shire Council, namely Cessnock (population 46,208), Kempsey (population 28,134), and Lane Cove (population 31,150). The population of the Bega Valley Shire in 2011 was 31,950. A factor for Bega Valley is the large area covered by the Shire and the need to provide a number of polling locations.

Table 1.2 of this report summarises the costs incurred by these Councils to run their own elections

Table 1.2 – Summary of costs incurred to run election, Bega Council in comparison with benchmark Councils

Option 2 – Council runs the election itself		Amount (2012)	Population (2011)
1. Cessnock Council	$	289,971	46,208
2. Kempsey	$	182,987	28,134
3. Lane Cove	$	145,992	31,150
4. Bega Valley Shire Council	$	206,316	31,950

If option 2 is chosen, Council would be responsible for coordinating all services required to deliver the election. It would also be required to appoint a Returning Officer and a Deputy Returning Officer. This is likely to have a significant impact not only on Council’s financial resources, but also its human resources and other work related priorities would need to be reassessed to accommodate undertaking this service.

For option 3 – Engaging the Australian Electoral Company (third party provider), the figures included in table 1.1 are based on a quote provided by the Australian Electoral Company. Specific line items included in this quote are considered Commercial-in-Confidence and thus have not been attached to this report.

This option of outsourcing to a third party provider typically requires the establishment of a Service Level Agreement. This will be the case if Council chooses number 1 (NSWEC) or number 3 (Australian Electoral Company) options. The line items included in a service level agreement generally include those listed in table 1.3 below.

Table 1.3 – Indication of general services offered in Service Level Agreements

Service(s) included	Option of Coordination
	NSWEC	BVSC	Australian Electoral Company
Enrolment	ü	N/A	ü
Council Liaison	ü	N/A	ü
Data Management	ü	N/A	ü
Election staffing	ü	N/A	ü
Financial services	ü	N/A	ü
Venue procurement	ü	N/A	ü
Voting	ü	N/A	ü
Counting and results	ü	N/A	ü
Logistics	ü	N/A	ü
Media, communication & advertising	ü	N/A	ü
IT infrastructure and application support	ü	N/A	ü
Call Centre	ü	N/A	ü
Ballot paper production, allocation and distribution	ü	N/A	ü
Nominations and how to vote	ü	N/A	ü
Event operations management	ü	N/A	ü
External reporting and evaluation	ü	N/A	ü
Virtual tally room	ü	N/A	ü

Issues

Legal

Regardless of which election administration process Council utilises, the administration/conducting of the election must adhere to the requirements of the Local Government Amendment (Elections) Act 2012 No 21.

Policy

All options for conducting the elections have implications under Council’s Policy 5.02: Behaviour of Councillors and Staff as well as Procedure 5.02.2: Code of Conduct.

Throughout the election process, Council will also have to consider how it will communicate conducting the election and the implications this will have on Council officers as well as the community. Due to communication requirements, during the conducting of the election, Council will need to adhere to Policy 5.10: Communications as well as Procedure 5.10.1: Communication Strategy

Consultation

Council officers will be required to consult with a number of key stakeholders including but not limited to relevant contact officers from either the NSWEC or Australian Electoral Company, should Council choose either option 1 or 3. Council officers will also need to consult with the community in regards to sharing information about the election.

Financial

All three options outlined in this report require significant financial resources to be expended. It is important to note however, option 2, (BVSC to coordinate the election process itself), will incur both financial and increased non-financial resources. The amount of human resources required to administer/conduct the election internally will be significantly higher compared to the options of outsourcing the administration/coordination.

Resources (including staff)

As detailed in the Background section of this report, significant amounts of time and resources will need to administer the 2016 election similar to those required for the 2012 election process. It is anticipated the following officers will be involved in coordinating the election process:

· General Manager;

· Group Manager | Strategy and Business Services

· Executive Manager | Organisational Development and Governance

· Governance Coordinator

· Executive Assistants (EA’s)

· Communications Team

· Customer Service Team

Based on the time allotted to coordinating the 2012 election, it is anticipated at least 210 hours will be required in order to deliver the 2016 election. The amount of resources expended to coordinate the election will differ depending on the option selected. More Council resources will be required to coordinate the election in-house (option 2). If the option 1 is chosen, it could be expected to spend approximately 210 hours of staff resources on the project. Finally, if the option 3 is selected, the amount of staff resources required will be significantly lower, unless Council chooses the deductions in costs package where Council officers fulfils certain administrative roles during the election process.

Conclusion

Consideration must be given to the most appropriate option for Bega Valley Shire Council to coordinate the 2016 Election. Factors to consider in making this decision will include financial costs incurred, as well as the human resource requirements of coordinating the election under all three of the options outlined.

If Council resolves to engage the NSWEC it is required to formally advise the NSW Electoral Commissioner 18 months in advance of the Election date in September 2016. This report allows Council to make its determination on its method of conducting the 2016 local government election and if it resolves to again engage the NSWEC to advise them within this timeframe.

Attachments

1. Memo to Councillors Quote from Australian Electoral Company (Confidential)

2. Australian Electoral Company quotation to BVSC 2016 elections (Confidential)

3 . Australian Electoral Company quote - coordinate 2016 elections (Confidential)

Recommendation

1. That Council determine the method for conducting the 2016 Elections for Bega Valley Shire Council from the options presented.

2. That Council delegate responsibility for implementing the approved option to the General Manager.

Council 14 January 2015

Item 12.3

12.3. Leading Through Uncertainty - a local government leadership forum

This report further outlines the proposal for Council to host a local government leadership forum in 2015

General Manager

Background

At its meeting on 17 December Council resolved:

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

Following the Council resolution discussions were commenced with the Office of Local Government (OLG) and the Australian School of Applied Management (ASAM). ASAM are the convenors of the National Local Government Leadership Summit held annually in Melbourne. Through the Australian Excellence in Local Government Leadership partnership the ASAM also oversee the rollout of the Australian Local Government Colloquium.

ASAM is involved in a series of research projects into the perceptions of leadership and management capacity in local government. This work aligns with leadership best practice models from outside local government. This is critical as for local government to grow and maintain and grow relevance as a key level of government it is critical that new perspectives, constructive challenges, fresh ideas and new approaches are considered, adapted and implemented.

Local government across Australia is dealing with a number of challenging issues including reform, relevance to community, and most importantly breaking out of old paradigms. To do this leaders, both elected and employed, need to be challenged to “dare to be different”, to take on new approaches and to drive forward through agile decision-making.

In NSW with the Fit for the Future program rolling out, with merger research and discussions on the table for some south east NSW councils, with new joint organisations being piloted and better working together through regional collaboration high on the agenda, it is timely for elected and employed officials to come together to discuss these important topics.

Much of the current planning and workshopping for Fit for the Future is focussing on the technical side of Smarter Local Government, and LGNSW has developed topic specific workshops aimed at assisting Councils to respond to Fit for the Future. These include sessions on

· To Merge or Not to Merge

· Fit for the Future? Proposal Bootcamps; and

· Regional Collaboration

The above sessions are all being held in Sydney with the Bootcamps also being run in Dubbo and Port Macquarie.

The OLG has also run a series of briefing sessions on the various tools and templates and there are a number of consultants on the OLG technical panel available to help with the mechanics of the process such as service reviews, community survey and engagement and asset management plans.

The gap at this time for regional and rural councils in particular appears to be the opportunity to look at how councillors and senior managers can be leaders in the reform framework. This proposed forum would allow participants to consider approaches that strengthen inter-council networks and projects, develop new partnerships and alliances, and provide leadership in addressing service profiles, asset management and operational efficiency. The key objective of the forum would be to build the leadership capacity of local government to ensure the best outcomes for local communities from the reform process.

The concept design for a proposed forum in the South East of NSW would cover the following topics:

· Meeting the needs to our communities – why do we do what we do – the importance of connection with the community – leading discussion on scale and capacity for local government and developing inter-council alliances and services;

· The importance of strong leadership in local government in uncertain times; and

· Developing an adaptive leadership mindset and overcoming new challenges

As discussions about the full program are still being finalised and with the OLG closed for the Christmas break when the current Business Paper was being finalised a draft proposal will be presented via separate memo when completed in early January and will cover financials.

The current proposal is for an arrival dinner on a Thursday night in April with a key note speaker focussing on courageous leadership, the forum day on the Friday with three or four keynote speakers focussing on the theme of Leading through Uncertainty and three workshop sessions aimed at building improved leadership skills for the Fit for the Future agenda and identifying opportunities for inter-council alliances and services. Key note speakers would be drawn from local government across Australia and from other organisations such as the OLG, and LGNSW.

Key organisations involved would include the Office of Local Government, LGNSW, LG Professionals, and councillors and senior staff from south east local councils. Invites would also be sent to key politicians and government leaders as well as regional council organisations.

Issues

Legal

Local government reform process, Fit for the Future, will not only require local government in NSW to address scale, capacity, efficiency and service delivery it will require courageous leadership to set a clear new agenda for local government. Whilst the new framework is yet to be legislated it is expected that changes proposed for the Local Government Act will set the framework for a new local government environment both for local councils and for joint organisations of councils.

Strategic

In order to take advantage of the reform opportunity council leaders will need to think innovatively, be courageous in their decision making with their local communities, and challenge the status quo. This is another step from dealing with local issues in the short term; this current agenda provides the opportunity for local government leaders to drive a new and improved local government for their communities.

Consultation

The proposed program will be developed in consultation with the Office of Local Government, the Australian School of Applied Management, and the surrounding councils.

Financial

It is proposed that the OLG be approached to provide some funding and the remainder of the project be self-funded through registrations. A more detailed costing will be provided prior to the meeting.

Resources (including staff)

Staff time will be required to manage the administration of the forum

Conclusion

It will be critical that local government leaders step up and make critical decisions for the future of their communities, the local councils they lead and NSW. The proposed forum provides an opportunity for regional local government leaders to step away from the day to day and consider how they will embrace the opportunity and the challenge of leading at this time.

Attachments

Nil

Recommendation

That Council endorse the proposed local government leadership forum for the south east as a project with costs to be met by grants and registration fees.

Council 14 January 2015

Item 12.4

12.4. Bega Valley Medallion (Community Service) Award Committee

The Bega Valley Medallion Committee seeks Council’s endorsement for the appointment of two new Committee Members.

General Manager

Background

1 The Bega Valley Medallion (Community Service) Award

The Bega Valley Medallion is Council’s Community Service Award. The award is presented in recognition of the outstanding work of volunteers across Bega Valley Shire and recognises one of the great strengths of a community, namely people who are prepared to give up their own time to for the benefit of others and the community as a whole.

The eligibility criteria for this Award requires recipients to have served within the Bega Valley community for an extended period of time, preferably more than 10 years and in a number of areas and/or organisations. However, consideration is also given to those volunteers whose commitment to one organisation or group is such they would not be able to give much time to other activities (for example being on call 24 hours a day, seven day a week). Community Service can be in any field including: sports; community service; health; education; arts; the environment; and other community type service focus environment.

Nominations are called each year around May but can be submitted at any time and held until they are considered by the Bega Valley Medallion Committee (made up of four community members and the Mayor). The medals are presented at a Bega Valley Medallion Presentation Ceremony, usually held in July or August each year.

2 The Bega Valley Medallion Committee (the Committee)

The Committee was established by Council’s Administrator in 2000. The Committee assesses nominations and makes the decision on who will receive the award each year. The Committee Members, who have been in the role since the Committee’s inception are: Chairperson: Mrs Edna Duncanson (Bega) OAM, other current Committee Members being: Mrs Norma Allen (Cobargo) and Mrs Mary Cocks OAM (Eden). The Mayor is Council’s Delegate to the Committee.

The Committee has recently received a resignation from member Mr Donald Hay, who was appointed in 2012.

The Committee is seeking Council endorsement for two new Committee Members.

Issues

Policy

In coming months a review of the Bega Valley Medallion Committee Guidelines will be undertaken to bring this Committee into line with the operations of other Committees of Council. The review of the Guidelines will include Committee Member eligibility criteria, and Committee Members’ length of appointment.

Social / Cultural

At present, this Committee falls outside the parameters of Council’s Section 355 Committee structure. It is envisaged the above mentioned Review will include developing a Charter and aligning its role, function and operations similar to Council’s other Section 355 Committees.

Currently replacement of Committee Members falls to the Committee to determine with Council being asked to endorse the selected Committee Member.

Conclusion

To replace Mr Donald Hay, the Committee has sought interest from members of the community who had been involved in the Medallion process in various ways in the past.

The Committee seeks Council’s endorsement to appoint two new members to the Committee. They are Mrs Lori Hammerton (Bermagui) and Mr Guy Higgins (Tathra).

It is recommended that until the completion of the Review of the Committee’s Guidelines has been completed, appointment of the two new members be for a 12 month period.

Attachments

Nil

Recommendation

1. That Council note a review of the Bega Valley Committee Guidelines will be undertaken to align the Committee with Council’s Section 355 Committee Structure

2. That Council endorse the appointment of two new community members to the Bega Valley Medallion Committee being Mrs Lori Hammerton and Mr Guy Higgins for a period of 12 months.

Council 14 January 2015

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 December 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 $57,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	October 2014	November 2014	November 2014
General Fund	$22,004,000	$22,004,000	$25,004,000
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 $512,540 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	$5,994	$25,516
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 December 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 14 January 2015

Item 19.1

19.1. Response to question on notice from Cr Sekhold - Tathra Ring Road - Proposal for walking track.

Response to Cr Liz Seckold’s, question on notice at the Council Meeting held 3 December 2014 :

Group Manager Transport and Utilities

On 3 December 2014 Cr Seckold asked a question regarding the Tathra Ring Road and a proposed walking track:

With no promise of Federal Funding being available to fund the $2.5 million estimated cost to reconstruct the old Tathra Ring Road, could Council explore the possibility of constructing a walking track on the old Tathra Ring Road alignment. The proposed walking track could connect to the Memorial Gardens on the Tathra Headland and the Indigenous Walk that has been initiated by the Tathra Public School.

Investigation into Tathra Headland and a proposal for Ring Road walking track.

Detailed geotechnical and engineering investigations of the Tathra Headland have been carried out by Council 2009 to 2013.

The headland has been and continues to be eroded through weather exposure, high seas and storm wave action. Approximately 70 m of the original road formation has been substantially washed away with the remaining ‘path’ down to only a metre in width in places with rock falls at a number of locations.

Following a report on the above, with an estimate of costs, Council resolved on 3 July 2013:

1. That Council note the report on the Tathra Ring Road design and estimate.

2. That Council continue to support the sourcing of grants from State and Federal Government for the funding of the re-construction of Tathra Ring Road without the further financial contribution by Council.”

By reducing the scope and interpolating from the above studies, the implications of a 100m pedestrian pathway from a point adjacent to the wharf up to the headland and the Memorial Gardens, can be assessed.

The works will still necessarily involve:

• Substantial stabilisation works across the cliff face of both the steep jointed rhyolite and the softer gravel and sand material, currently eroding away;

• Stormwater drainage in overflow channel;

• Possible wave deflection structure;

• Federal and State approvals, as any proposed works will come under the aegis of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, the NSW Environment Planning and Assessment Act 1979, as well as the LEP;

• A formal Environmental Impact Statement (EIS) will be required.

It should be noted the project will affect a number of Aboriginal midden sites along the cliff top.

Extrapolating from and based on the previous construction cost estimate, works for a path around the headland on the Old Tathra Ring Road alignment will in the order of $600,000.

Attachments

Nil

Council 14 January 2015

Item 19.2

19.2. Disposal of Small Quantities of Asbestos - Cr Seckold

At the Council meeting on 3 December, 2014, Cr Seckold asked a question regarding the disposal of small quantities of asbestos.

Group Manager Transport and Utilities

At the Council meeting on 3 December 2014 Cr Liz Seckold asked a question regarding Council’s policy on the disposal of small quantities of asbestos found around or under older homes, which advises householder to pre-purchase an approved plastic bag for $10, from the Council office in Bega or transfer stations at Bermagui, Merimbula and Eden to enable disposal of the material as landfill.

Cr Seckold asked that Council consider trialling a free asbestos disposal via the approved the plastic bags available at the Council offices in Bega or transfer stations. This may offset the cost associated with illegal disposal of small amounts on private and public land, which landowners and Council staff deal with.

The question was taken on notice by the by the Acting Group Manager Transport and Utilities and the following response was provided to Councillors via memorandum.

Response

In 2013 Council introduced a simplified process for receipt and disposal of small quantities of asbestos cement (AC). Prior to the introduction of the new process, Council’s procedure was suitable for contractors dealing with full sheets and substantial quantities, but for small quantities (e.g. pieces discovered around homes) the inconvenience of the process and consequent likelihood of inappropriate disposal was considered a risk that could be better managed.

The new process enabled householders to dispose of small quantities of AC at Bermagui, Merimbula or Eden Waste depots conditional upon the pre-purchase of a standard bag at the waste facility. The new process enabled Council staff to engage with the customer and to ensure appropriate information (e.g. flyers) could be provided in advance of cleaning up small amounts of AC from around the home. It also ensured the bags used to handle the AC complied with regulatory requirements.

Whilst it would be possible to waive the charge for this service altogether, it is not recommended for the following reasons:

· There are costs associated with the provision of standard bags, storage, transfer and subsequent landfilling of asbestos. These costs are in the region of $18,000 per annum.

· Council’s experience is that record keeping, along with control of material presentation and handling will tend to deteriorate if no charge is applied. Whilst this may not be a substantial risk for materials such as co-mingled recycling, cardboard and scrap metal (all free), it is considered a risk for asbestos due to its hazardous nature. A further concern is materials that are not AC, and for which a charge ordinarily applies, may tend to be inappropriately disposed of as AC in order to avoid the charge. This is sometimes the case in other waste streams and further adds to the cost of managing those wastes.

· It is unlikely illegal dumping will be reduced by offering free bags. The factors contributing to illegal dumping are complex and often materials found illegally dumped are already free to dispose of. Council’s Rangers advise illegal dumping of asbestos is relatively uncommon in the Bega Valley. Illegal dumpers are considered unlikely to change behaviour due to waiving of the small fee on household AC disposal.

Attachments

Nil

Map

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

Council	14 January 2015
*Item 10.1 - Attachment 1*	Report to Council 01.10.2014 ~ Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

Council	14 January 2015
*Item 10.1 - Attachment 2*	Report to Council 07.05.2014 ~ Finalisation of the compulsory acquisition of the historically proposed Merimbula Cultural Centre site

Council	14 January 2015
*Item 10.1 - Attachment 5*	Opteon Valuation Report Lot 1 DP 1004805 30 October 2014

Council	14 January 2015
*Item 10.1 - Attachment 6*	Opteon Valuation Report cover letter Lot 1 DP 1004805

Council	14 January 2015
*Item 11.1 - Attachment 1*	Organic waste process improvement - Cooma photographs

Council	14 January 2015
*Item 12.1 - Attachment 1*	Procedure 5.02.9 Elected Officials Communication Protocol

Council	14 January 2015
*Item 13.1 - Attachment 1*	Investment Report December 2014

Council	14 January 2015
*Item 16.1 - Attachment 1*	Rescission of Point 2 of Resolution 17 December 2014 - NSW Local Government reform update - Fit for the Future

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

14 January 2015

Staff Reports – Community, Culture and Leisure (Liveability)

14 January 2015

9.1. Seniors Week 2015 Grants

Background

Issues

Social / Cultural

Strategic

Consultation

Financial

Resources (including staff)

Operational Plan

Conclusion

Attachments

Recommendation

Council

14 January 2015

Staff Reports – Economic Develoment and Business Growth (Enterprising)

14 January 2015

Council

14 January 2015

Staff Reports – Infrastructure Waste And Water(Accessibility)

14 January 2015

Council

14 January 2015

Staff Reports – Governance And Strategy (Leading Organisation)

14 January 2015

Staff Reports – Finance (Leading Organisation)

14 January 2015

16.1. Cr Michael Britten - Rescission of Point 2 of Resolution 17 December 2014 - NSW Local Government reform update - Fit for the Future

Background

RESOLVED on the motion of Crs Seckold and Tapscott

Attachments

Notice of Motion

Confidential Business

Adjournment Into Closed Session

Recommendation