Ordinary

Meeting Notice and Agenda

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 25 February 2015 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

19 February 2015

 

TO:

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

Cr Bill Taylor

 

COPY:

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary

 

 

 


Publishing Of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.        Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.        Background for reports is provided by staff to the General Manager for  presentation to Council.

3.        The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.        The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.        The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

    Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.


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

25 February 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 4 February 2015 as circulated, be taken as read and confirmed.

2       Apologies and requests for leave of absence

 

3       Declarations

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

4       Deputations (by prior arrangement)

 

5       Petitions

 

6       Mayoral Minutes

 

7       Adjournment to Standing Committees

Recommendation

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

8       Staff Reports – Planning and Environment (Sustainability)

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

8.1                   Finalisation of Planning Proposal - South Bega Industrial (Boundary Road)............................ 9

8.2                   Request for review of determination of Section 96 Application to Modify condition 4 of Development Consent 1999.438 - Clay target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui  13

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                   Mobility access on the footpath in Main Street, Merimbula................................................... 20

9.2                   Young Women's Scholarship 2015.............................................................................................. 25

9.3                   Senior of the Year Award 2015.................................................................................................... 27

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.

Nil Reports

11     Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1                 Bega & Brogo Rivers Floodplain Risk Management Study & Plan Grant Offer..................... 30

11.2                 Gipps Street Carpark Application for Section 94 Funding ...................................................... 34

11.3                 Bega Valley Local Traffic Committee Meeting 4 February 2015............................................ 37

11.4                 Review of headwork charges for Nursing Homes .................................................................... 41

11.5                 RFT 13/15 Intergrated Water Cycle Management Strategy Consultancy ............................ 44

12   Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1                 Internal Audit Committee rotation and selection of Chairperson.......................................... 48

12.2                 Tathra Beach Kiosk Lease  ............................................................................................................ 51

12.3                 Applications for Financial Assistance: Section 356
Third Quarter 2014/2015...........................................................................................................
54 .

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                 Quarterly Review Budget Statement (QBRS) at September 2014.......................................... 57

13.2                 Certificate of Investments made under Section 625 of the Local Government Act, 1993 60.

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

 

17     Notices of Motion

17.1                 Walking Track Tathra Headland.................................................................................................... 66

 

18     Urgent Business

 

19     Questions On Notice

19.1                 Establishment of a Tech Park - Question from Cr Kristy McBain............................................ 70

 

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........................... 71

22.1                 Haven Place Retirement Village

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

 

23     Adoption of reports from Closed Session

24     Resolutions to declassify reports considered in closed session  

 


Council

25 February 2015

 

 

Staff Reports –Planning And Environment (Sustainability)

 

25 February 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.  

8.1              Finalisation of Planning Proposal - South Bega Industrial (Boundary Road)........ 9

8.2              Request for review of determination of Section 96 Application to Modify condition 4 of Development Consent 1999.438 - Clay target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui............................................................................................. 13


Council 25 February 2015

Item 8.1

 

8.1Finalisation of Planning Proposal - South Bega Industrial (Boundary Road)      

 

The purpose of the report is to detail the outcomes of the public exhibition and to finalise the Planning Proposal for South Bega Industrial Land affecting Lots 239, 240 and 241 DP 750190 Boundary Road, South Bega.

 

 

Group Manager Planning and Environment  

 

Background

The purpose of the South Bega Industrial (Boundary Road) Planning Proposal is to rezone Lots 239, 240 and 241 DP 750190 Boundary Road, South Bega to IN1 General Industrial to regularise the existing uses of 2 of the subject lots and also to facilitate the provision of additional employment land in the Bega area.

Lot 239 is partly developed as a rural supplies business. Lot 240 is partly developed as a bus depot and vehicle repair station and also contains a dwelling. Lot 241 contains a dwelling only. All three lots contain areas of undeveloped land with physical potential for industrial type uses (see Figure 1).

Figure 1: Lots 239, 240 and 241 DP 750190 (subject land edged red)

The subject land is currently deferred from Bega Valley Local Environmental Plan (BVLEP) 2013 and is currently zoned 2(f) Future Urban under BVLEP 2002. In Draft BVLEP 2010 the subject land was proposed to be zoned R5 Large Lot Residential.

The Planning Proposal zones the subject land IN1 as shown in Figure 2. Council is currently investigating the appropriate land use and zoning of the area surrounding the subject land which is also currently deferred from BVLEP 2013.

Figure 2: Proposed zoning of subject land

In accordance with Council’s strategy for applying height controls to industrial zoned land in the Shire, the Planning Proposal also amends the Height of Buildings Map to apply a height limit of 14 metres (see Figure 3).

Figure 3: Proposed height limit of subject land

Exhibition of Planning Proposal

Council received a Gateway Determination for the Planning Proposal and delegation to make the plan under Section 59 of the Environmental Planning and Assessment Act 1979 from the Minister of Planning and Infrastructure on 24 November 2014. In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 14 days from 16 January 2015 until 30 January 2015.

The Gateway Determination required consultation with the Office of Environment and Heritage and Roads and Maritime Services and comments were received from both Government Agencies.

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers and in writing to affected and adjoining landowners. One public submission was received during the exhibition period.

A copy of the public and Government Agency submissions will be tabled at the Council meeting. The following section details the issues raised in the submissions.

Submissions

Neither the Office of Environment and Heritage and Roads and Maritime Services objected to the Planning Proposal.

·    The Office of Environment and Heritage noted the presence of known aboriginal sites in the area and that future development needs to consider potential impacts to Aboriginal cultural heritage values.

Staff comment:

Assessment of the potential impacts on Aboriginal cultural heritage values will be appropriately addressed during the consideration of any future development on the land in accordance with relevant planning legislation.

·    The Roads and Maritime Services noted that the relatively low increase in traffic generation is unlikely to have a significant impact on the classified road network.

The public submission raised the following issues:

·    Objection to the land being zoned industrial due to impact on own adjoining land on southern side of Boundary Road which is zoned R2 Low Density Residential due to the combination of future uses and adverse impact on land value when developed for housing.

Staff comment:

The zoning of the subject land to IN1 is unlikely to result in future land use conflicts when the adjoining land is developed for residential purposes. Two of the lots are currently used for industrial purposes with an aim of the Planning Proposal being to regularise these existing uses. There are currently a number of dwellings in the vicinity of the subject land and there is no record of recent issues arising from conflict with the existing uses. The potential expansion of employment generating uses within the subject land will be assessed to ensure compatibility with the adjoining residential land in accordance with relevant legislation at the time of lodgement of any development application.

·    Request for 10-15 acres of land south of Boundary Road to be zoned as commercial or bulky goods to work in with the proposed industrial zone.

Staff comment:

The zoning of this land was considered in detail by Council following a submission by the owner to Draft BVLEP 2010 requesting a zoning that permitted both residential and non-residential uses. On review of this submission, Council considered that the land is an important part of Bega's future as it is in one ownership and is ideally suited to a residential subdivision following the construction of the bypass, and resolved to zone the land R2 Low Density Residential.

·    Remainder of the land facing Boundary Road between the subject land and the Highway be zoned industrial for consistency.

Staff comment:

Council is currently investigating the appropriate land use and zoning of the area surrounding the subject land which is also currently deferred from BVLEP 2013. This land is being considered in the ongoing Industrial Employment Land Review.

Conclusion

Public and Government Agency consultation of the South Bega Industrial (Boundary Road) Planning Proposal has been completed. Following a review of the issues raised in the submissions, Council staff recommend that no changes are necessary to the Planning Proposal as exhibited.

It is recommended that Council proceed to finalise the plan in accordance with the delegations issued by the Minister for Planning and Environment.

 

Attachments

Nil

 

Recommendation

1.      That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the South Bega Industrial (Boundary Road) Planning Proposal.

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

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

 


Council 25 February 2015

Item 8.2

 

8.2. DA No. 1999.1438:   Request for review of determination of Section 96 Application to Modify condition 4 of Development Consent 1999.438 - Clay target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui        

 

Group Manager Planning and Environment  

 

 

Applicant

Bermagui Field and Game Inc.

Owner

Bermagui Field and Game Inc.

Site

Lot 101 DP 1172182 (formally part of Lot 10 DP 849934), Murrah River Road, via Bermagui

Zone

RU2 Rural Landscape

Site area

24.6 hectares

Proposed development

Section 96 application to Modify condition 4 of Development Consent 1999.1438

Precis

Council has received a request from Bermagui Field and Game seeking a review of the determination of the Bega Valley Shire Council to refuse the Section 96 Application to Modify condition 4 of Development Consent No. 1999.1438.

The request for review is submitted for Council determination.

Background

The applicant lodged a Section 96 Application to Modify on 27 August 2012 seeking to modify Condition 4 to permit an additional training day per month. The Section 96 application was notified in accordance with Development Control Plan No 3 – Notification Policy with 18 submissions received.

The Section 96 Application to Modify was reported to Council on the 22 May 2013 with the following staff recommendation;

1.    That the Section 96 Application to Modify Development Consent 1999.1438 for the Clay Target Shooting Range only Lot 101 DP 1172182 Murrah River Road, via Bermagui, be approved subject to the conditions outlined in the attached draft modified consent.

2.    That those persons who made a submission be advised of Council’s decision.

Following public deputations, Council resolved the following;

1.    That the matter be deferred to enable advice to be provided in a report to the next practicable meeting on the consequences of deletion of draft condition 12.

2.    That report also provide further advice on the impact of lead shot on the environment, including potential remediation costs and liability.

3.    That report also provide further advice on the impact of noise at distances greater than those assessed in the Acoustic Report.

4.    Further, that the General Manager provide a report to the next practicable meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of the proposed modification of Condition 4 of DA 1999.1438.

5.    That the General Manager’s report include reasons for refusal of the proposed modification in the event that Council ultimately determines to refuse the Section 96 application.

A further report was submitted to the Council meeting held on 24 July 2013 in accordance with Council’s resolution with Council resolving to refuse the Section 96 Application to Modify for the following reasons:

a.      The proposed development would be contrary to Clause 65(1)(a)(i) of the Bega Valley Local Environmental Plan 2002 as the increase in lead shot use would result in an adverse impact on the water quality in the area.

b.     The proposed development would be contrary to Clause 65(1)(b)(i) and (ii) of the Bega Valley Local Environmental Plan 2002 as the increased hours would result in unacceptable impacts on adjoining and nearby dwellings due to increased noise generation.

c.      The proposed development would be contrary to Clause 65(1)(b)(i) and (ii) of the Bega Valley Local Environmental Plan 2002 as the increase lead shot would result in unacceptable impacts on the environment.

d.     For the purpose of Section 79C(1 )(b) of the Environmental Planning and Assessment Act 1979 (as amended), the proposed development would result in unacceptable noise impacts on adjoining dwellings.

e.     Approval of the Section 96 Application to Modify Condition 4 would not be in the public interest, for the purpose of Section 79C(1 )(e) of the Environmental Planning and Assessment Act 1979 (as amended) as:

i)    The development fails to mitigate noise impacts on adjoining and nearby rural dwellings.

ii)   The development fails to mitigate concerns associated with potential contamination of the site and onto adjoining lands associated with the increase in lead shot.

Detail of Section 96 Application to Modify

Condition 4 currently states:

“The use shall be restricted to a maximum of 12 days (between the hours of 10.00am and 5.00pm) in any one calendar year unless otherwise approved by Council. There shall not be less than 20 days between any event.”

The application to modify sought to allow one training day per month, which would be the second Saturday of each month, between the hours of 11am and 4pm. The Club advised that it would enable them to conduct skills training, junior development, safety training, an introduction to firearms for new shooters and Firearms Licence Tests. The applicant has detailed that the increased days would not be used for competition and the number of shots fired would be in the region of 1-3% of a competition day.

The applicant sought to modify Condition 4 to read;

“Use for the audible firing of firearms will be limited to Competition and training days. The use, for the purposes of competition, shall be restricted to a maximum of 12 days (between the hours of 10.00am and 5.00pm) in any one calendar year, unless otherwise approved by Council. There shall not be less than 20 days between any competition event. The use, for the purposes of training days, shall be restricted to a maximum of 1 day per month (between the hours of 11.00am and 4.00pm).”

In support of the request the applicant provided additional information from noise consultants Renzo Tonin.

Review of determination

The applicant lodged the Review of Determination on 2 August 2013 in accordance with the provisions of section 96AB of the Environmental Planning and Assessment Act 1979 (copy of request is provided as Attachment 1). The request provided additional information for Council’s consideration including a reduction in the number of additional training shoot days from 12 per year down to 6 days per year.

Upon lodging the review of determination, the applicant sought legal advice and on 12 December 2013, the applicant amended the request for Review of Determination to what they originally applied for in the S96 Application to Modify being ;

“Use for the audible firing of firearms will be limited to Competition and training days. The use, for the purposes of competition, shall be restricted to a maximum of 12 days (between the hours of 10.00am and 5.00pm) in any one calendar year, unless otherwise approved by Council. There shall not be less than 20 days between any competition event. The use, for the purposes of training days, shall be restricted to a maximum of 1 day per month (between the hours of 11.00am and 4.00pm).”

Issues

In accordance with the provisions of Section 96AB of the Environmental Planning and Assessment Act 1979 Council is to review the refusal of the Section 96 Application to Modify Condition 4 of Development Consent 1999.1438 made on the 24 July 2013. The proposal has been previously been assessed by Council officers and Council in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

Consultation

The Review of Determination was not notified as it relates specifically to Council’s decision on 24 July 2013.

Conclusion

The request for review of the decision of Council to refuse the Section 96 Application to Modify Condition 4 of DA 1999.1438 is submitted for Council determination in accordance with Section 96AB of the Environmental Planning and Assessment Act 1979.

 

Attachments

1.            1999.1438 Request for Review of Determination

 

Recommendation

That Council determine the request for review of the determination of Council in respect of the Section 96 Application to Modify Condition 4 of DA No. 1999.1438 which was refused by Council on 24 July 2013.

 

 


Council

25 February 2015

Item 8.2 - Attachment 1

1999.1438 Request for Review of Determination

 

 

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

25 February 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.  

9.1              Mobility access on the footpath in Main Street, Merimbula............................. 20

9.2              Young Women's Scholarship 2015...................................................................... 25

9.3              Senior of the Year Award 2015........................................................................... 27


Council 25 February 2015

Item 9.1

 

9.1Mobility access on the footpath in Main Street, Merimbula     

 

This report seeks Council approval to enter into a Deed of Agreement with the Society of St Vincent De Paul Pty Ltd and Spencer Ventures Pty Ltd to resolve a mobility access issue on Main Street, Merimbula.

 

Group Manager Community, Relations and Leisure  

 

Background

Council’s Access Advisory Committee brought to the attention of Officers a situation in Merimbula where a utility pole was located in the middle of a footpath (See attached photo). The pole prevents movement along the footpath and forces people to go around the pole onto the road pavement. The situation is particularly difficult for people with reduced mobility, in a wheelchair, a scooter or pushing a pram or the like.

Officers have been working with the owners of the two property’s adjoining this location, Telstra who also have infrastructure against the fence and a pit at the base of the pole and internally across departments to find a solution to the issue.

The solution proposed is to create an easement across the corner of two properties to realign the course of the footpath around the pole. Both property owners have agreed for this to occur without compensation reflecting great community spirit.

Issues

Legal

Councils Solicitor will be engaged to prepare a Deed of Agreement between Bega Valley Shire Council, Society of St Vincent De Paul Pty Ltd and Spencer Ventures Pty Ltd to formalise the agreement reached in relation to the provision of easements to the benefit of Council to resolve a footpath mobility access issue.

Asset

Works will be required to remove a section of the boundary fence, create the footpath across the easement/around the utility pole and make good the respective driveways of the properties.

Consultation

The Society of St Vincent De Paul Pty Ltd and Spencer Ventures Pty Ltd has provide their in principle support to the project and are willing to enter into a deed of agreement with Council to formalise the project.

Financial

There will be no cost to Council for acquisition of the easements; however Council will be required to cover the cost of all survey, legal and construction expenses to complete the project.

Resources (including staff)

Council Property staff and external legal providers will be involved in finalising the relevant paperwork.

The cost to undertake this project are being met through existing budget allocations. In addition, Council via the Access Advisory Committee is seeking a contribution from Essential Energy towards the costs.

Conclusion

This project demonstrates the ability of Council to facilitate positive outcomes through community input; in this case the Access Advisory Committee.

Council resolution is sought for the Mayor and General Manager to execute a Deed of agreement with the Society of St Vincent De Paul Pty Ltd and Spencer Ventures Pty Ltd to rectify the footpath mobility access issue on Main Street, Merimbula and execute the necessary documentation.

 

Attachments

1.            St Vincent De Paul Society agreement to easement

2.            Spencer Ventures Pty Ltd agreement to easement

3.            Photo - Merimbula Utility Pole Obstruction

 

Recommendation

1.         That Council authorise the Mayor and General Manager to execute a Deed of agreement with the Society of St Vincent De Paul Pty Ltd owners of Lot 284 DP 17033 and Spencer Ventures Pty Ltd owners of Lot 1 DP 334085 to rectify a footpath mobility access issue on Main Street, Merimbula.

2.         That Council authorise the Mayor and General Manager to execute the necessary documentation to create the easements.

 


Council

25 February 2015

Item 9.1 - Attachment 1

St Vincent De Paul Society agreement to easement

 


Council

25 February 2015

Item 9.1 - Attachment 2

Spencer Ventures Pty Ltd agreement to easement

 


Council

25 February 2015

Item 9.1 - Attachment 3

Photo - Merimbula Utility Pole Obstruction

 

 

 



Council 25 February 2015

Item 9.2

 

9.2Young Women's Scholarship 2015     

 

Nominations have now closed for the Bega Valley Young Women’s Scholarship.  Four nominations were received.

 

Group Manager Community, Relations and Leisure  

 

Background

Bega Valley Shire Council is awarding the Young Women’s Scholarship for the seventh year as a part of the Shire’s International Women’s Day (IWD) celebrations. The theme for IWD 2015 is “Make it Happen”. It is a global celebration of the economic, political and social achievements of women.

The scholarship recognises the important and lasting contribution that young women make in our community. The $500 scholarship is awarded to a local woman aged 18 to 25 that shows potential in her field of endeavour, whether it is business, music, community, arts or sport.

The Scholarship opportunity was widely promoted across the Shire through local newspapers, radio and directly to community organisations.  Nominations closed on 4th February 2015.

Social / Cultural

The scholarship provides the Bega Valley Shire Council an opportunity to recognise and celebrate young local women’s achievements and the contribution they continue to make to the Shire. The Scholarship will raise the profile of successful young women and provide an opportunity for them to be role models for other local young women.

Financial

There is no financial impact to Council for the Young Women’s Scholarship this year.  The scholarship funds have been allocated in the community development budget area.

Funding source

 

Amount

International Women’s Day Project  (allocation number 21159. 2100.0049)

$

500.00

Operational Plan

Organisation of the Young Women’s Scholarship forms part of the annual work plan for the community development t team and is included in the Operational Plan for Council’s Community and Cultural Services Section.

Conclusion

The Young Women’s Scholarship is an important way for Council to recognise the role young women play in our community. In order to ensure the confidentiality of the nominees, the nominations are summarised in a separate confidential memo to Councillors.

All the nominees have contributed significantly to their communities and would each be worthy recipients of the Young Women’s Scholarship.

 

Attachments

1.            Memo to Councillors 2015 young womens scholarship  (Confidential)

 

 Recommendation

1.         That Council accept the recommendations contained in the Confidential Memorandum.

2.         That Council award the 2015 Bega Valley Young Women’s Scholarship to [insert recipient name].

 


Council 25 February 2015

Item 9.3

 

9.3.  Senior of the Year Award 2015     

 

Nominations for Council’s Senior of the Year Award 2015 have been received and are presented for Councillor’s consideration

 

Group Manager Community, Relations and Leisure  

 

Background

As part of Seniors Week celebrations, Bega Valley Shire Council recognises the contribution of an outstanding older person through the annual Senior of the Year Award. This award recognises the significant way in which older people improve and support our community life.

The Senior of the Year Award will be presented during Seniors Week at Council’s Seniors Luncheon, the Golden Gig. This year the Golden Gig will be held on the Tuesday 17 March at Club Sapphire Merimbula with over 280 people expected to attend.  All nominees for the Senior of the Year Award will be invited to attend the event where their contributions will be individually recognised as part of the celebrations.

Calls for nominations for the Senior of the Year Award 2015 were originally distributed as part of Councils broader advertising for the Australia Day Awards. The application period for the Senior of the Year award was then extended to 13 February 2015. 

A summary of these nominations are presented for the consideration of Council.

Issues

Social / Cultural

The Senior of the Year Award is an important way in which Council recognises and celebrates the valuable contribution of older people in our community. Presentation at the Golden Gig, with an audience of over 280 community members, the award highlights their contribution to a wide audience of peers and other community members.

Strategic

The Senior of the Year Award supports outcomes identified in Councils Community Strategic Plan, under Community Ambition L4 Opportunities for all Stages of Life; we have the opportunity to pursue meaningful employment, volunteering, and wellbeing through all stages of life, and the contributions we make in our community are valued.

Financial

All costs associated with the Senior of the Year Award 2015 are covered in Council’s Budget for Seniors Programs. There are is no further financial impact on Council.

Funding source

 

Amount

Seniors programs

$

7,000

Resources (including staff)

The administration of the Senior of the Year Award 2015 is undertaken using existing staff resources.

Conclusion

The Senior of the Year Award 2015 is an important way in which Council recognises the contribution of older members of our community. Nominations received have been summarised in a separate confidential memorandum for Councillor’s consideration.

 

Attachments

1.            Memo to Councillors Senior of the Year Award 2015  (Confidential)

 

Recommendation

1.       That Council accept the recommendations as contained in the confidential memorandum.

2.       That Council award the 2015 Bega Valley Senior of the Year to [insert recipient name].

  

 


Council

25 February 2015

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

25 February 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.  

11.1            Bega & Brogo Rivers Floodplain Risk Management Study & Plan Grant Offer. 30

11.2            Gipps Street Carpark Application for Section 94 Funding .................................. 34

11.3            Bega Valley Local Traffic Committee Meeting 4 February 2015....................... 37

11.4            Review of headwork charges for Nursing Homes .............................................. 41

11.5            RFT 13/15 Intergrated Water Cycle Management Strategy Consultancy ......... 44


Council 25 February 2015

Item 11.1

 

11.1. Bega & Brogo Rivers Floodplain Risk Management Study & Plan Grant Offer     

 

Council has been offered a grant of $141,000 by the Office of Environment and Heritage under its Floodplain Risk Management Grants Scheme for the 2014/2015 financial year.  The grant is to facilitate the completion of a project for the Bega and Brogo Rivers Floodplain Risk Management Study and Plan.  The grant requires formal acceptance by Council by returning the supplied funding agreement to the Office of Environment and Heritage by 13 March 2015, executed with the General Manager’s signature.

 

Group Manager Transport and Utilities  

 

Background

Application was made to the NSW Office of Environment Heritage Floodplain Management Program grants scheme on 14 May 2014 for The Bega and Brogo Rivers Floodplain Risk Management Study and Plan.  Council was notified 12 January 2015 of its successful application and has received a grant offer of $141 000 to complete the proposed project.

The Floodplain Management Program supports the implementation of the NSW Government's Flood Prone Land Policy as outlined in the NSW Government's Floodplain Development Manual 2005.

The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.

The NSW Government recommends local councils understand and manage their flood risk through the floodplain risk management process as outlined in the manual.

The Floodplain Management Program provides financial support to councils and eligible public land managers to:

•          Make informed decisions on managing flood risk by preparing floodplain risk management plans (and associated background studies) under the floodplain risk management process

•          Implement floodplain risk management plans to reduce flood risk to both existing and future development, and reduce losses through a range of property, flood and response modification measures as outlined in the manual

•          Provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.

Assistance under the program is normally offered by the State Government providing $2 for every $1 provided by local councils.

The floodplain risk management study forms the 2nd stage towards development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual 2005.

The Office of Environment and Heritage (OEH) supports Councils by providing funding and technical assistance for various floodplain management projects like floodplain risk management studies and floodplain risk management plans.

The floodplain risk management options identified during the floodplain risk management study will be essential for the development of the proposed floodplain risk management plan strategies and recommendations. The identified structural and non-structural floodplain risk management options will require modelling, cost-benefit analysis and community consultation for final inclusion in the proposed Floodplain Risk Management Plan to be developed.

Issues

Legal

The 2014/2015 grant offer will require formal acquittal at project completion by way of formal execution by the General Manager with supporting financial documentation attesting to the full and proper expenditure on approved activities under the funding agreement.

Policy

The acceptance of the 2014/2015 grant offer will allow completion of the floodplain risk management study and plan project that will ultimately provide Council with a contemporary floodplain risk management plan in accordance with the NSW Floodplain Risk Management Manual 2005 requirements.

Environmental

The outputs of the completed floodplain risk management plan will form a technical input into Council’s current Comprehensive Local Environmental Plan 2013 and vice versa.

Asset

Once the floodplain risk management study and plan is completed, implementation of recommendations of protection strategies for Council assets may be required.

Social / Cultural

Once the floodplain risk management plan is completed, implementation of recommendations to address emergency response and access issues during flood events may be required.

Economic

Acceptance of the grant offer may lead to some flood study survey activities being sub-contracted to local surveying businesses.  The final floodplain risk management plan recommendations for implementation will minimise economic impacts from future flood events. 

Strategic

The acceptance of the 2014/2015 grant offer has a number of strategic implications.

The completed floodplain risk management study outputs will form further inputs into the proposed floodplain risk management plan for the Bega and Brogo River catchments. 

The proposed floodplain risk management plan outputs will produce inputs into Council’s current Development Control Policy 4.1.1, its underlying procedure 4.1.1(l) Flood Prone Land – Determination, the Bega Valley Comprehensive Local Environmental Plan 2013 with its underlying Development Control Plan (DCP) 2013.

The floodplain risk management plan outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential works projects arising from the finalised flood risk management plan recommendations.

Consultation

Acceptance of the 2014/2015 grant offer has a number of consultation implications.

Consultation with the community is an integral part of the floodplain risk management study and plan completion process.  Media releases, radio interviews, focus groups and community questionnaires are typical activities undertaken during a floodplain risk management study and plan project.  Consultation with State government agencies and residents within the Bega and Brogo catchment areas will be consulted using a variety of these activities.

Other consultation activities required typically include public information meetings, public exhibition of the draft floodplain risk management study and plan, processing of submissions and presentation of the completed report to Council by the flood study consultant.

Further, as per Council’s resolution at its meeting of 25 September 2013, a floodplain risk management focus group and technical sub-committee was proposed that comprised state agency and community representatives. State agency and Councillor representation has now been resolved and nominations from the community via advertisement in local print media and Council’s website has commenced.  The final selection of the community representatives will be the subject of a separate report to be tabled before Council after closure of the nomination period as per the resolution made 25 September 2013.

Financial

The grant offer is made on the basis of 2:1 (State: Council) dollars.  The grant funding is available for a maximum period of 3 years as per the conditions of the funding agreement to enable the project to be completed.  Council would need to ensure that the required matching contribution of $70 500 would be available over the project period which may extend up to 2 years in practice.  The $70 500 matching contribution is fully available for the current 2014/2015 financial year and any unexpended funding will need to be carried over to subsequent financial years to ensure the completion of the project.

Funding source

 

Amount

Office of Environment and Heritage

$

141 000

BVSC Stormwater operating expenses

$                    

70 500

Resources (including staff)

Council’s 2014/2015 budget allocation for the completion of the proposed floodplain risk management study and plan project is currently set at $70 500.

Additional resources required will be the efforts of operational staff from within Council’s Transport and Utilities and Planning and Environment Groups and meeting facilities.

Operational Plan

Completion of the floodplain risk management study and plan will achieve the aims in the 2014/2015 Operational Plan namely:

Community Ambition A4 – Emergency Planning

Outcome A4.1: Support Rural Fire Service (RFS) and State Emergency Service (SES) during natural disaster events to protect community and property and provide support through emergency planning, and response measures.

Conclusion

There are significant policy, strategic and financial advantages for Council by accepting the 2014/2015 grant offer of $141 000 from the Office of Environment and Heritage.

 

Attachments

Nil

 

Recommendation

That the grant offer of $141 000 from the Office of Environment and Heritage (OEH) for completion of Council’s Bega and Brogo Rivers Floodplain Risk Management Study and Plan be accepted and the funding agreement executed with the General Manager’s signature for return to OEH by the submission date of 13 March 2015.

 


Council 25 February 2015

Item 11.2

 

11.2. Gipps Street Carpark Application for Section 94 Funding       

 

The demolition of 81 Gipps Street, Bega has recently been completed.  The acquisition of this property was anticipated as an opportunity to expand the Gipps Street Carpark.

Details of the project and a request for Council to approve Section 94 Bega car parking funding to complete the upgrade are outlined within the report.

Group Manager Transport and Utilities  

 

Background

The existing Gipps Street car park site provides the best current opportunity to increase the number of available public car spaces within the Bega Central Business District (CBD). Current spaces total 108 within the carpark but with the purchase of the property 81 Gipps Street and a reconfiguration of the existing carpark, an opportunity exists to increase the number of parks by 37. 

Section 94 Bega car parking funds are required to complete the project.  The project will allow Council to address several issues relating to parking within the Bega CBD.

Issues

Legal

The carpark currently provides rear access to several properties and this reduces the number of car parking spaces available.  After consultation with Councils property section and review of each properties Certificate of title it was discovered only one property has legal Right of Way Access. Additionally this property Lot 101 DP 576466, has a further two layback accesses to the rear shed that do not have Right of Way Access.  The properties listed below also have no Right of Way Access from the carpark.

•             Lot 5      DP248175

•             Lot 6      DP248175

•             Lot 91    DP565914

No Development Application is required, as the works are managed under the State Environmental Planning Policy (SEPP).

Environmental

A Review of Environmental Factors (REF) has been completed for the project by Councils engineering design section.

The aesthetics of the carpark will improve, coinciding with BVSC CBD Landscaping Masterplan for Bega.

Asset

With the upgrades to Littleton Gardens, an overall loss of carparks will occur. This project will increase the available carparks within the Gipps Street Carpark by 37, giving the Bega CBD a net increase of approximately 13 spaces.

Social / Cultural

Gipps Street Carpark is located within a short distance of Bega’s popular restaurants, sporting club and social facilities.  Increasing the available spaces, making access more convenient, may encourage community members and tourists to support these establishments.

Economic

Due to loss of parking that is to occur with the upgrade to Littleton Gardens, any increase of parking within the CBD will support local business.

Strategic

This project presents an opportunity to increase parking at minimal cost within Bega’s CBD.  The carpark has also been designed so that if in the future an opportunity presents itself, a second level parking structure may be constructed.

Financial

This project requires approval to access Section 94 Car parking funding.  An estimate of the costs associated with the project has been calculated at $170,000 and excludes land purchase. 

Funding source (available)

 

Amount

S94 CP2 Carparking - Bega

$

180,155

S94 CP2 Carparking – Bega Town Centre

$

69,963

Resources (including staff)

The project will be put to Tender. An employee from Councils engineering section will be engaged to project manage the works.

Conclusion

Due to pressure to address the loss of parking that has and will occur with upgrades to Littleton Garden, the opportunity to increase car spaces within the Gipps Street Carpark presents as a logical solution.  An increase of 37 spaces is a significant increase and will address issues relating to the existing carpark. 

The design layout attached to this document has been designed to achieve maximum spaces with minimal cost, also considering legal and environmental factors.  On this basis it is recommended that Council approve Section 94 Car parking Bega funding to allow the construction of this project.

 

Attachments

1.            ATTACHMENT - Gipps Street Carpark Design Layout

 

Recommendation

That Council approve the allocation of Section 94 Bega Carparking funds to undertake construction and upgrade of Gipps Street Carpark, creating an additional 37 car parking spaces.

 


Council

25 February 2015

Item 11.2 - Attachment 1

ATTACHMENT - Gipps Street Carpark Design Layout

 


Council 25 February 2015

Item 11.3

 

11.3. Bega Valley Local Traffic Committee Meeting 4 February 2015     

 

This report recommends the Council adopt the advice of the Bega Valley Local Traffic Committee meeting held 4 February 2015.

 

Group Manager Transport and Utilities  

 

Background

The Bega Valley Local Traffic Committee held a meeting on 4 February 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 1 October 2014 and approve the following:

Business Growth Unit request for dedicated parking for RV’s and caravans

1.         That council approves the installation of a designated RV and Caravan parking zone in Bega Street opposite Club Bega, for a length of ninety (90) metres commencing at the mandatory No Stopping zone at the intersection of Gipps and Bega Street and terminating opposite the intersection of Bega and Canning Streets, Bega

2.         That Council install advance directional signs indicating the locations of the RV and Caravan parking areas (Bega Recreational Grounds, Bega Street and Bega showground) with distances from parking areas to the CBD.

Installation of Give Way sign and line marking Ida Rodd Drive, Eden

1.         That Council approve the installation of a give way sign and line at the T-intersection of Ida Rodd Drive and Cosham Close, Eden

Anzac Day March and Service - Merimbula

1.         That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That sections of Main Street, Market Street and Beach Street, Merimbula be temporarily closed on Saturday, 25 April 2015 for the Merimbula RSL Sub-Branch Anzac Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

Anzac Day March and Service - Pambula

1.         That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day March and Service in Pambula on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That Quondolo Street, Pambula be temporarily closed on Saturday, 25 April 2015 for the Merimbula RSL Sub-Branch Anzac Day March and Service in Pambula, in accordance with the Traffic Control Plans.

3.         That the temporary closure of the Princes Highway, Pambula is a matter solely for Roads and Maritime Services.

4.         The Merimbula RSL Sub Branch applies for a RMS Road Occupancy License.

Anzac Day March and Service - Eden

1.         That the proposed traffic arrangements for the Eden RSL Sub Branch Anzac Day March on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Saturday, 25 April 2015 for the Eden RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan.

Anzac Day March and Service - Bega, Bemboka, Tathra and Wolumla

1.         That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Anzac Day March and Service in Bemboka be approved and deemed a Class 2 special event.

2.         That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Bega, Anzac Day Dawn Service, March and Service in Tathra and Anzac Day March and Service in Wolumla be approved and deemed a Class 2 special event.

3.         That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra and Bega Street in Wolumla be temporarily closed on Saturday, 25 April 2015 for the Bega RSL Sub Branch Anzac Day proceedings, as per the Traffic Control Plans.

4.         That the temporary closure of the Snowy Mountains Highway, Bemboka are matters solely for Roads and Maritime Services.

5.         To apply for a RMS Road Occupancy License for the Bemboka Anzac Day March &                Service.

Anzac Day March and Service – Bermagui

1.         That the proposed traffic arrangements for the Bermagui RSL Sub Branch Anzac Day March and Service on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That the section of Lamont Street, Bermagui, between the intersections of Wallaga Street and Scenic Drive be temporarily closed on Saturday, 25 April 2015 for the Bermagui RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan.

The Great Wars: Tales from the Far South Coast – Light Horse Troop Ride

1.         That, subject to conditions, Auckland Street and a section of Bega Street, Bega be involved in a mobile road closure from 10.00am until 11.15pm on Saturday, 21 March 2015 for the opening of the Bega Valley Historical Society’s exhibition to commemorate the ANZAC Centenary.

2.         That the proposed traffic arrangements involving the mobile road closure of Auckland Street & Bega Street, Bega for the Bemboka Light Horse Troop Parade  on Saturday, 21 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.

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

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

5.         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.

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

Installation of No Stopping Zone, George Street, Pambula

1.         Council approve the installation of a “No Stopping” zone at the head of the cul-de-sac bulb on the western end of George Street commencing at the western end of the driveway to number 8 terminating at the southern end of the driveway to 3 George Street, South Pambula, being a distance of 28 metres.

Candelo Village Festival

1.         That, subject to conditions, sections of William Street and Panbula Street, Candelo be temporarily closed from 12 noon on 28 March 2015 to 1am on 29 March 2015 for the Candelo Village Festival.

2.         That the proposed traffic arrangements involving the temporary closure of William Street and Panbula Street, Candelo for the Candelo Village Festival on Saturday, 28 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.

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

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

5.         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.

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

7.         That the event achieve all conditions of DA 2008.0012, including parking provisions.

Bemboka Triathlon

1.         That, subject to conditions, Hoskins Street and Sam Cnr Road, Bemboka be temporarily closed between the intersections of Kameruka Street to the junction of Lookout Lane & temporary closure of Kameruka Street from intersection of Hoskins Street to 1st driveway east of pool from 8.00am to 3.00pm on Saturday, 21 March 2015 for the 2015 Bemboka Triathlon.

2.         That the proposed traffic arrangements involving the temporary closure of Hoskins Street, Sam Cnr Road & Kameruka Street, Friends of Bemboka Pool 2015 Bemboka Triathlon on Saturday, 21 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.

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

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

5.         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.

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

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

 


Council 25 February 2015

Item 11.4

 

11.4. Review of headwork charges for Nursing Homes       

 

Due to recent development applications and requests from applicants, a review of the method and value of headwork's contributions as applied to nursing home facilities has been undertaken. This review has investigated the variation in headwork’s contributions for nursing homes as a different facility to retirement villages. The results and conclusions of this review will be outlined within this report.

 

Group Manager Transport and Utilities  

 

Background

Headwork's contributions have been calculated using the guidelines set out in the fees and charges. Where there is no guideline for assessment under the fees and charges, current practise is to refer to the Water Directorates Section 64 determinations of Equivalent Tenements Guidelines. Since there are no guidelines set out under Councils fees and charges, the current practise is to adopt the method outlined in the Water Directorate document. The water directorate indicates the headwork’s contributions applicable for nursing home facilities should be calculated on a per bed basis. The number of beds in the facility is then multiplied by an Effective Tenement (ET) figure, and any credits existing are subtracted to give the total ET’s applicable for the development.

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

No. Beds × Sewer ET value-credits=total Sewer ET for development

The current per bed ET values for water and sewer are 0.5 and 0.75 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. For a development involving 40 beds, this equates to 20 ET ($158,100) for water and 30 ET ($332,010) for sewer.

Bega Nursing Homes development has suggested that the ET figures for nursing home 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 headwork’s contributions.  Accordingly, and in line with recent requests, an analysis of usage and therefore contributions rates has been undertaken.

Issues

Legal

The changes to the headwork's contributions for nursing home facilities will require addition into Council’s fees and charges

Social / Cultural

The reduction in developer charges for nursing home facilities may facilitate the potential for an increase in the number of facilities throughout the shire, increasing the access to aged care.

Financial

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

The first step in reviewing the value of headwork's contributions involved determining the number of beds in the existing nursing homes throughout the shire. Once this was determined, the water consumption was divided by the number of beds in each facility. This gave a figure for the amount of water used per bed, per annum. This figure was then divided by the standard water usage figure for the Bega Valley (205kL/a) to determine the equivalent tenement value per bed. This was repeated for all facilities. An average of the per bed ET values was then taken to determine the local per bed ET value.

The same process was followed to determine the ET value for sewer, with the inclusion of a sewer discharge factor. It is recognised that not all the water used in nursing home facilities will be discharged 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 re-use systems, it was determined that a 90% sewer discharge factor was appropriate.

Note: Due to the comparative age of the Bega Nursing Home, and the introduction of BASIX requirements for new buildings, the total water consumption does skew results and the Bega Nursing Home has been excluded from averages. Also it should be noted that the Tura Beach facility is a mixed nursing home and retirement village.   On this basis and given the relatively small sample set it is difficult to drew definitive conclusions.  The analysis results below therefore represent the best available for the Bega Valley Shire.

Beds

Consumption

KL/a/Bed

ET/Bed

KL/a/Bed

ET/Bed

Eden (Bimmil St)

28

1877.27

67.05

0.33

60.34

0.43

Eden (Barclay Street)

85

5541.67

65.20

0.32

58.68

0.42

Bega (Upper Street)

66

7092.67

107.46

0.52

96.72

0.77

Tura Beach

66

5933.16

89.90

0.44

80.91

0.58

Average

0.36

0.48

Conclusion

From the above calculations, it can be seen that there is a strong correlation between water consumption and the number of beds in a nursing home facility. With an increase in the number of beds in a facility, there is an increase in the water consumption. It can be seen from the calculations above that the average per bed ET value for nursing home facilities is 0.36 for water and 0.48 for sewer.

It can also be seen that a reduction is appropriate for the comparison of the newer nursing home facilities with the older Bega nursing home. This may not be the case when attempting to compare all new buildings with old buildings, but it would appear a similar figure may be appropriate.

 

Attachments

Nil

 

Recommendation

1.         That Council accept the method of calculation for the total ET value of nursing home facilities to remain based on the number of beds in the facility.

2.         That Council approve the reduction of the ET value used to calculate the total Equivalent Tenement value for Nursing Home developments from 0.5ET for Water and 0.75ET for Sewer to 0.36 ET for Water and 0.48 ET for Sewer.

 


Council 25 February 2015

Item 11.5

 

11.5. RFT 13/15 Intergrated Water Cycle Management Strategy Consultancy       

 

 

Group Manager Transport and Utilities  

 

Background

The NSW Government’s Best Practice Management of Water Supply and Sewerage Framework (the framework) has nineteen (19) requirements:

1.    IWCM Strategy (water supply)

2.    IWCM Strategy (sewerage)

3.    Water Conservation Plan (water supply)

4.    Strategic Business Plan (water supply)

5.    Strategic Business Plan (sewerage)

6.    Drought Management Plan (water supply)

7.    Full Cost Recovery (water supply)

8.    Full Cost Recovery (sewerage)

9.    Appropriate Residential Charges (water supply)

10.  Appropriate Residential Charges (sewerage)

11.  Residential Revenue - Usage Charges ≥75% (water supply)

12.  Appropriate Non-residential Charges (water supply)

13.  Appropriate Non-residential Charges (sewerage)

14.  Appropriate Liquid Trade Waste Fees and Charges (sewerage)

15.  Development Servicing Plan with Commercial Developer Charges (water supply)

16.  Development Servicing Plan with Commercial Developer Charges (sewerage)

17.  Liquid Trade Waste Policy and Approvals (sewerage)

18.  Performance Monitoring Reporting by Sept 15 (water supply)

19.  Performance Monitoring Reporting by Sept 15 (sewerage)

A Local Water Utility (LWU) that implements the 19 framework requirements is deemed to have an effective and sustainable water supply and sewerage business.

BVSC Water and Sewer Services has implemented or substantially implemented 16 of the 19 framework requirements. An IWCM Strategy that has been endorsed by the NSW Office of Water will satisfy a further two (2) requirements.

Implementation of the framework is a requirement for payment of subsidy funding towards the capital cost of backlog infrastructure under the NSW Government's Country Towns Water Supply and Sewerage Program.

The purpose of an IWCM Strategy is to provide a 30-year strategy for the provision of appropriate, affordable, cost-effective and sustainable water services that meet community needs and protects public health and the environment.  It is the peak planning document for water supply and sewerage services along with the Strategic Business Plan.

The process to develop an IWCM Strategy is defined by a Check List issued by the NSW Office of Water. It involves demographic and water cycle analysis and projections, issues identification, evaluation and assessment of feasible options to address the issues, development of IWCM scenarios, evaluation and ranking of IWCM scenarios, broad community feedback, financial planning and an adopted IWCM scenario.  It is expected to take approximately 12 months to complete.

Public tenders were called for the preparation of an IWCM Strategy on the 25th November 2015. Tenders closed on the 18th December 2014.  Seven (7) tenders were received and evaluated in accordance with Local Government Tendering regulations.  The process was managed by NSW Public Works.

The evaluation method included weighted price and non-price criteria with a price: non-price ratio of 50:50. 

Non-Price Criteria

·    Previous experience in delivering IWCM

·    Ability to deliver on time

·    Experience and quality of nominated personnel

·    Quality of submission

A two envelope system was adopted.  Price information was held by an independent officer and not provided to the Tender Evaluation Committee until the evaluation of non-price criteria was completed.

Issues

Legal

Tenders have been called and assessed in accordance with Section 55 of the Local Government Act and the Local Government Tendering Regulations.

Environmental

The IWCM Strategy will assess scenarios for the delivery of water supply and sewerage services against a triple bottom line of environmental, economic and social criteria.

Sustainability

The IWCM Strategy will outline the delivery of acceptable and appropriate levels of service to the community in a sustainable financial and environmental manner.

Asset

The IWCM Strategy includes a 30-year Total Asset Management Plan. It will include an update of the existing asset renewals plan within the Strategic Business Plan.

Economic

The IWCM Strategy identifies the lowest uniform level of stable typical residential bills (TRBs) to meet the levels of service and price path for the next 4 years in current dollars.  It includes a Financial Plan.

Strategic

The IWCM Strategy and Strategic Business Plan will be the peak planning documents for BVSC Water and Sewerage Services.

Consultation

Community involvement is a requirement of the IWCM Strategy development process.

Financial

Consultancy costs to develop an IWCM Strategy are allocated in the 2014-15 budget from Reserves.

Resources (including staff)

Substantial consultant and staff resources will be required to complete this project over the next 12 months.

Operational Plan

The IWCM Strategy process supports Operational Plan objectives associated with asset management.

Conclusion

BVSC Water and Sewerage Services require an IWCM Strategy to satisfy the requirements of the NSW Government’s Best Practice Management of Water Supply and Sewerage Framework. The IWCM Strategy will become the peak planning document for water supply and sewerage services along with the Strategic Business Plan. Development of an IWCM Strategy in accordance with the NSW Office of Water Check List is expected to take approximately 12 months to complete.

Attachments

1.            Memo to Councillors:  IWCM RFT 13/15 (Confidential)

 

Recommendation

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

2.         The proposal from <insert> for the adjusted sum of <insert> (GST inclusive) to develop an IWCM Strategy with BVSC Water and Sewerage Services be accepted

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

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

 

  

 


Council

25 February 2015

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

25 February 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.  

12.1            Internal Audit Committee rotation and selection of Chairperson...................... 48

12.2            Tathra Beach Kiosk Lease  .................................................................................. 51

12.3            Applications for Financial Assistance: Section 356
Third Quarter 2014/2015....................................................................................
54


Council 25 February 2015

Item 12.1

 

12.1. Internal Audit Committee rotation and selection of Chairperson     

 

As per the attached confidential memorandum, following the completion of the selection process, Council’s endorsement is sought to appoint Independent Representatives to Council’s Internal Audit Committee and to appoint the Chairperson of that Committee. 

 

Executive Manager Organisational Development and Governance  

 

Background

The Audit Committee Charter states the following regarding Independent Audit Committee appointments:

Independent Representatives

·    Council shall seek nominations from persons interested in being appointed to the available position. All nominees who satisfy the conditions of this Charter shall be eligible for appointment;

·    Eligible nominees will be interviewed by the Mayor, the Chair of the Governance and Strategy  Committee, the General Manager and a representative of the Leadership Executive Group, who shall make recommendations to Council; 

·    Following receipt of recommendations from the Panel, Council may appoint the independent external member by making a direct appointment based on merit;  and

·    The independent external members will be appointed for the term of four (4) years, ceasing at the end of the Financial Year following the end of term of the Council. The independent external members will be eligible for extension or re-appointment following a formal review of their performance.

Committee Chairperson

·    An independent member of the Committee will be appointed by Council as the Chairperson of the Committee; taking into account the qualifications and leadership and communication skills of nominees.

Selection process

The selection process for independent members was undertaken through a publicly advertised process in December 2014, with a selection panel consisting of the Mayor, the Chair of the Strategy and Governance Committee, the Acting General Manager and a representative of the Leadership Executive Group.

The selection criteria, as part of the selection process, for these roles were:

·    Senior business or financial management / reporting knowledge and experience;

·    Tertiary qualified in Business, Commerce, Accounting or other related disciplines from either the private or public sectors;

·    Knowledge about the duties and responsibilities of the position as outlined in the Charter; especially in relation to Local Government operations, financial reporting and auditing requirements, risk management, and corporate governance in addition aware of the complexity of Council service delivery and infrastructure challenges would be desirable; and

·    Requisite industry, business, financial and leadership skills and possess strong interpersonal skills and well developed communication skills.

Applications

Council received three applications at Close of Business 15 January 2015, with the Panel reviewing the resumes of all applicants against the selection criteria listed above. Details of the nominees have been provided to Councillors as a confidential attachment.

Internal Audit Committee Representative

Each of the candidates were interviewed by the selection panel and assessed against the selection criteria.

Internal Audit Committee Chairperson

In selecting the Internal Audit Committee Chairperson the Panel considered the relevant experience, qualifications and suitability of the applicants for the roles Independent Representatives and Chairperson.

Internal Audit representative term

The Internal Audit Committee Charter states independent external members will be appointed for a term of four (4) years, ceasing at the end of the Financial Year following the end of term of the Council.

In order to align the appointment of independent external members with the Financial Year following the end of term of the Council intention is to appoint the Independent Representatives and Chairperson for an initial period of two years. Additionally, noting the Charter makes provision for the assessment of the Audit Committee’s performance it is anticipated this process will also consider renewal of terms and recruitment options for recommendation to Council following the Council elections in 2016.

Issues

Financial

The Audit Committee Charter states that Internal Audit Committee Members are not formally remunerated but all out of pocket travel expenses will be reimbursed.

Conclusion

Following adoption of the recommendation by the Council the General Manager will write to all candidates to thank them for their application and advise the successful candidates of their appointment to Bega Valley Shire Council’s Internal Audit Committee.

The Internal Audit Committee Selection Panel has made a recommendation to Council on the appointment of the Chairperson and Independent Representatives to the Internal Audit Committee.  Both appointments are for an initial period of two years.  This information has been provided to Councillors via confidential memorandum.

 

Attachments

1.            Memo to Councillors - Nominations & panel recommendations: IAC (Confidential)

 

Recommendation

1.       That Council accept the recommendations as contained in the confidential memorandum.

2.       That Council appoints (insert names) as Independent Representatives to the Internal Audit Committee, for a period of two years.

3.       That Council appoints (insert name) as the Independent Audit Committee Chairperson.

4.       The General Manager write to all candidates to thank them for their application and advise them of Council’s resolution.

 


Council 25 February 2015

Item 12.2

 

12.2. Tathra Beach Kiosk Lease        

 

The current lessee of the Tathra Beach Kiosk has requested Council’s consideration to vary their lease term in order to advance the public competition process required under the Crown Lands Act prior to any future lease being offered. 

 

Group Manager Strategy and Business Services  

 

Background

Council resolved in December 2011 to enter into a further five year lease with Bibi’s Pty Ltd for their continued occupation of the Tathra Beach Kiosk building.  The five year lease was the option period available under the original lease entered into in 2006.

The Tathra Beach Kiosk is located on Crown Reserve 79310 at Tathra, managed by the Tathra Beach (R79310 Reserve Trust) the affairs of which are managed by the Bega Valley Shire Council.  In accordance with the Crown Lands Act 1989, Council is required to undertake a competitive Expression of Interest (EOI) process at the end of a lease term prior to entering into any new lease of the site.

The current lease does not expire until 31 August 2016, however the lessee has formally requested that Council, in consultation with Crown Lands, consider varying the existing term to terminate on 31 March 2015, in order to bring the public competition process forward.  Several urgent building maintenance issues need attention, including the replacement of refrigeration equipment and the lessee is reluctant to make any further significant financial investment without any long term security of tenure.        

Issues

Legal

Variation of Lease documentation will be prepared by Council’s solicitor and executed by Bibi’s Pty Ltd and Council as Reserve Trust Manager in order to amend the termination date from 31 August 2016 to 31 March 2015.

Policy

As advised earlier in the report, the requirement to go out to public competition is in accordance with the Crown Lands Act 1989, however this approach is also in line with Council’s Management of Leases and Licences policy.

Asset

The Tathra Kiosk building is a Council managed Crown Land asset.  As asset manager and landlord, Council do contribute to structural maintenance of the building and over recent years have replaced the roofing, guttering and carried out flooring and tiling works as identified in the asset maintenance schedule.

The current lessee has also made many internal improvements to the building since taking over the lease in 2010.

The asset is included on Council’s building insurance policy, however the tenant insure all contents and have the required public liability insurance to a value of $20 million.

Social / Cultural

The kiosk plays an integral role in enhancing the enjoyment for reserve users, by providing a take away food and beverage service to both beach and reserve patrons.

Economic

The Tathra Beach Kiosk is also a popular and well patronised eat-in café and restaurant venue by both local residents and the many tourists who visit and holiday in the Shire.  The kiosk has historically closed down for several months during the quieter winter period, however is open to the public for the majority of the year.

Consultation

The current tenant formally wrote to Council on 14 November 2014 requesting consideration to progress the EOI process earlier and amend the existing lease term.

Crown Lands staff were consulted and have agreed to this course of action, pending Council’s approval.

If Council approval is received for the variation of lease, Council staff will commence the EOI process by placing advertisements in all local media inviting applications from suitably qualified individuals to operate the business going forward. 

The results of the EOI process will be reported to Council for final consideration before any new lease is entered into.

Financial

As the lease is on commercial retail tenancy terms, the annual lease fee payable by the tenant is based on current market value.  A valuation was carried out by Caddey, Searl & Jarman in November 2011 which provided an annual rental of $15,360 (excluding GST).  A CPI increase has also been applied each year since that time, with a current rental achieved of $16,395 (excluding GST) per annum.

A further market valuation can be obtained prior to the commencement of the new lease if considered appropriate.

Resources (including staff)

Council staff time will be required to carry out the Expression of Interest process, collate all applications received and report the matter back to Council for consideration.  Further staff resources will also be required to arrange execution of the lease documentation and endorsement of Ministers consent.

Ongoing management of the lease and the building will require staff resources as required.

Conclusion

The current lessee has complied with their obligations under the lease since taking over the business in 2010 and has already made a significant financial investment in the building.  It is considered a sound commercial decision to try and secure a further long term lease prior to making any further investment.

Council staff would be required to conduct the public competition process in 2016 anyway, so the request to progress that process now is not unreasonable.  

Attachments

Nil

 

Recommendation

1.         That Council approve the request from Bibi’s Pty Ltd to vary the existing lease of the Tathra Kiosk to now terminate on 31 March 2015.

2.         That the Mayor and General Manager be authorised to execute the necessary documents;

3.         That in accordance with the Crown Lands Act 1989, Council commence a public Expression of Interest process seeking applications from suitably qualified individuals to operate the Tathra Beach Kiosk, with the results of the EOI to be reported to Council for further consideration. 

 


Council 25 February 2015

Item 12.3

 

12.3. Applications for Financial Assistance: Section 356
Third Quarter 2014/2015
     

 

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

 

General Manager  

 

Background

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

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

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

The applications in this report have been received from 11 November 2014 to 23 January 2015.

The applications received for this quarter are:

Applicant

Request

Amount

Australian Light Horse Association – 7th Light Horse Bemboka Troop

Equip troop with uniform and saddlery for use at Anzac centenary marches throughout the Shire

$3,000.00

Sapphire Coast Anglican College

Contribution towards the resurfacing of the rear access road of the College

$2,000.00

 

Issues

Legal

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

Policy

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

Strategic

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

Financial

The table below shows the opening balance of the budget item as of 3 December 2014, and details the expenditure between 3 December 2014 and 11 February 2015.

Funding source – Governance and Executive – operating costs - donations

Amount

Balance as at 3/12/14

$

104,224.80

Less Resolution of Council 3/12/14 Item 12.2 Successful Applicants 30/8/14-10/11/14

$

-11,000.00

Less Already Committed Funds 11/11/14-11/2/15

$

-0.00

Less General Manager Approvals 11/11/14- 11/2/15(<$1500.00)

$

-7,219.95

Available Balance (not including current applications detailed in confidential attachment)

$

86,004.85

The funds available to date are $86,004.85.

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

Conclusion

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

 

Attachments

1.            Memo - Applications for Financial Assistance - Third Quarter 2014/2015 (Confidential)

 

 Recommendation

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

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

3.    That all successful applicants be advised accordingly.

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

   

 


Council

25 February 2015

 

Staff Reports –  Finance (Leading Organisation)

 

25 February 2015

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Hughes.

13.1            Quarterly Review Budget Statement (QBRS) at September 2014...................... 57

13.2            Certificate of Investments made under Section 625 of the Local Government Act, 1993         60


Council 25 February 2015

Item 13.1

 

13.1. Quarterly Review Budget Statement (QBRS) at September 2014     

 

Budget review statements are prepared and presented to Council quarterly in accordance with Section 203 of the Local Government (General) Regulations 2005.

 

Group Manager Strategy and Business Services  

 

Background

Under the Integrated Planning and Reporting (IPR) guidelines, a quarterly budget review statement (QBRS) must be presented to Council for each financial quarter.

The QBRS, due to its size has been distributed to Councillors electronically and if requested, in hardcopy. The electronic version has been placed on Councils website for public access at:

Click here to view the Quarterly Budget Review Statement for December 2014

The QBRS is presented in a summary format which reflects the Long Term Financial Plan. Each function of Council is presented individually as is a summary page for each group and fund. The report also shows a range of management information for each Function, such as:

§ Income Progress graphs: These graphs illustrate how each function is progressing with their revenue estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

§ Reserves table: This table outlines cash reserves that are linked to that particular function and their movements throughout the financial year.

§ Expense Progress Graphs: These graphs illustrate how each function is progressing with their expenditure estimates. The overall graph illustrates the cumulative progress of the function, while the monthly graph shows progress month by month.

§ Revotes Table: This table tracks the progress of the revotes from the 2014 financial year.

It is the intent of this report to provide information to the users of the QBRS report in order to illustrate the financial performance of each particular function of Council.

Council staffs retain the ability to enquire, transact, and report on the detailed General Ledger, which includes budgets. If there are specific questions relating to detailed transactional information, staff can provide answers to those questions.

Issues

Legal

Clause 203 of the Local Government (General) Regulations 2005 states:

Budget review statements and revision of estimates

1.    Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2.    A budget review statement must include or be accompanied by:

a.           A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b.           If that position is unsatisfactory, recommendations for remedial action.

c.           A budget review statement must also include any information required by the Code to be included in such a statement.

Financial

The QBRS reports the detailed variances for the December 2014 quarter. There are no major or significant variances to report to Council. A more detailed analysis is located within the QBRS attachment.

As at the end of December 2014, Council held $58M in cash and investments – the bulk of which remain restricted for use with planned infrastructure or projects preconditioned by loans, grants or development contributions.

As per Council’s policy, the QBRS reflects the budget in a balanced position and maintains working capital at adopted levels. All net movements are factored through the movement to and from reserves, including anticipated transfers to asset, ELE and property reserves at year end.

Conclusion

Council’s December 2014 QBRS has been presented to Council. Council financial performance is healthy and within the operating budget set by Council in June 2014.

 

Attachments

Nil

 

Recommendation

1.         That Council note and endorse the December 2014 Quarterly Budget Review Statement.

2.         That Council adopt the variances to its operating budget as outlined in the QBRS.

3.         That Council place the QBRS for December 2014 on its website for public information.

 


Council 25 February 2015

Item 13.2

 

13.2. 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 January 2015.

 

Group Manager Strategy and Business Services  

 

Background

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

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

 

Issues

Legal

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

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

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

Policy

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

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

Financial

The attached report indicates a current investment portfolio of $54,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source

November 2014

December 2014

January 2015

General Fund

$22,004,000

$25,004,000

$22,004,000

Water Fund

$16,796,000

$16,796,000

$16,796,000

Sewer Fund

$15,200,000

$15,200,000

$15,200,000

In addition, there is $1,783,066 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

$3,995

$23,787

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.            Investments Report January 2015

 

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

25 February 2015

Item 13.2 - Attachment 1

Investments Report January 2015

 


 

  


Council

25 February 2015

 

 

Notices of Motion

 

25 February 2015

 

17.1            Walking Track Tathra Headland......................................................................... 66


Council 25 February 2015

Item 17.1

 

17.1. Cr Liz Seckold - Walking Track Tathra Headland        

 

Background

Following on from information provided to Councillors by staff, in response to my question on notice of 3 December, 2014  (copy attached).

I believe Council needs to scope out the project costings and feasibility of a walking track at Tathra Headland, as there is public interest in this proposal

 

Cr Liz Seckold

 

Attachments

1.            Response to QON Cr Seckold Tathra Ring Road - Proposal for walking track

 

Notice of Motion

1.         That Council receive a report on the feasibility of constructing a 100 m walking track adjacent to the Tathra Wharf up to the Tathra Headland and Tathra Memorial Gardens within the footprint of the original Tathra Ring Road.

2.         That Council undertake community consultation in relation to the proposal.

 


Council

25 February 2015

Item 17.1 - Attachment 1

Response to QON Cr Seckold Tathra Ring Road - Proposal for walking track

 


 

  


Council

25 February 2015

 

 

Questions On Notice

 

25 February 2015

 

19.1            Establishment of a Tech Park - Question from Cr Kristy McBain....................... 70


Council 25 February 2015

Item 19.1

 

19.1. Establishment of a Tech Park - Question from Cr Kristy McBain     

 

Cr McBain asked at the Council Meeting of 10 September 2014 to receive a report on the ability to establish a steering committee for a Tech Park within the Shire.

 

Group Manager Strategy and Business Services  

 

Council Meeting 10 September 2014

Item 18.5 Establishment of Tech Park

Following the public forum of 10 September 2014, Cr Kristy McBain asked could Council receive a report on the ability to establish a steering committee for a Tech Park within the Shire.

The question was taken on notice by the Group Manager Strategy and Business Services and the response is provided below:

Council does have the authority to create a committee to consider options for a Technology Park within the Shire.

Council staff have commenced investigation into possible scope and terms of reference should Council resolve to direct staff to form such a committee.

Council staff have made contact and enquiries with a number of industry experts and are incorporating their opinions into the draft Economic Strategy currently being developed for Council consideration in April 2015.

 

Attachments

Nil

       


Council

25 February 2015

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

22.1    Haven Place Retirement Village

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.