Agenda of Council - 18 March 2015

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

Agency advice

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

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

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

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

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

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

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

Signed
Print Name	Councillor

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

Council

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

2 Apologies and requests for leave of absence

Recommendation

That an apology from Cr Tapscott be accepted for their inability to attend the meeting.

3 Declarations

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

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

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

8 Staff Reports – Planning and Environment (Sustainability)

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

8.1 Draft Clean Air Procedure.................................................................................... 10

8.2 Amendments to Development Control Plan 2013 regarding commercial car parking provisions................................................................................................ 23

8.3 Educational Establishment and Reception Establishment, Newtown Road, Bega - Proposed Modification to Condition No. 3............................................ 25

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 Bega Valley Shire Council Library Service Strategic Plan.................................. 34

9.2 Community Engagement and Communications Toolkit................................ 149

9.3 Expiring Pool Management Contracts............................................................. 153

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 Sapphire Coast Sporting Car Club request to reinstate the Bega Valley Rally .............................................................................................................................. 162

11.2 Waste Management Donations........................................................................ 166

11.3 Community representative selection for Bega Valley Shire Floodplain Risk Management Focus Group................................................................................ 250

11.4 Bega Valley Local Traffic Committee Meeting 4 March 2015....................... 254

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 Proposed Lease to Tathra Surf Lifesaving Club............................................... 258

12.2 Proposed sale of building at Merimbula Airport............................................ 261

12.3 Code of Conduct matter: Cr Allen.................................................................. 288 .

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 Community Strategic Plan - Half Year Review of 2014-15 Operational and Delivery Plan....................................................................................................... 292

13.2 Certificate of Investments made under Section 625 of the Local Government Act, 1993............................................................................................................ 357.

14 Adoption of Reports from Standing Committees

Recommendation

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

15 Delegates Reports

15.1 South East Academy of Sport (SERAS) meeting 16 February 2015.............. 363

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

19.1 Merimbula Board Walk...................................................................................... 366

19.2 Question On Notice - Circus Animals............................................................... 368

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

25 Code of Conduct Apology

Council 18 March 2015

Item 8.1

8.1. Draft Clean Air Procedure

A draft Clean Air Procedure has been prepared by Council staff with assistance from local NSW Rural Fire Service and Fire & Rescue NSW. It is proposed to place the draft procedure on public exhibition for 28 days.

Group Manager Planning and Environment

Background

Backyard burning in incinerators or open pile and burning of vegetation on properties nearby to adjoining residences can unnecessarily expose the community to health risks and nuisances associated with smoke. The requirement to obtain approval to open burning in these areas seeks to improve local air quality conditions and reduce the need to investigate along with the cost for fire brigades to extinguish nuisance fires.

The draft Clean Air Procedure has been developed in accordance with the Protection of the Environment Operations (Clean Air) Regulation 2010 with the support of local NSW Rural Fire Service and Fire and Rescue NSW. The regulation already operates in many other Councils for the improvement of local air quality, public health and amenity and the promotion of sustainable waste management practices.

Bega Valley Shire Council receives complaints concerning the lighting of fires in residential areas as a result of back yard burning and clearing of land. The impacts range from fumes inside adjoining houses to soiling of clothes and other items on clothes lines and people generally not being able to enjoy the amenity of their property.

The production of wood smoke from the burning of waste and vegetation increases the level of fine particulate material in the air that subsequently impacts on community health. The main health risks related to this form of air pollution include:

• Increase frequency of asthma attacks

• Increase activity restrictions due to adverse lung reactions

• Increase potential for severe respiratory distress and heart attacks

• Increase mortality due to heart disease and respiratory illness.

The disposal of garbage or vegetation by burning is not necessary in many areas as garbage services are readily available. In addition, Council has introduced a free voucher system for green waste and/or solid waste delivered to the landfills in small vehicles such as a car or trailer.

To address local wood smoke issues, the draft Clean Air Procedure would require land occupiers to obtain an approval to open burning in areas within 75 metres of adjoining residential dwellings. Landholders in most rural areas of our Shire would not need to obtain any specific approvals from Council provided they comply with a range of sensible measures to minimise smoke production and improve general fire safety around their property.

By controlling burning in urban and village locations there will be improvements in local air quality conditions and a reduction in the number of nuisance fires that local firefighting agencies would need to respond to.

Issues

Legal

The draft procedure is consistent with Council’s listing under the Protection of the Environment Operations (Clean Air) Regulation 2010 and provides the necessary administrative support to the listing.

Policy

The draft procedure is consistent with the outcomes identified in Council’s draft Environmental Health Policy.

Environmental

By controlling open burning within the Bega Valley Shire there will be improved local air quality outcomes and a lessening in the potential for nuisance fires impacting on the local environment.

Sustainability

The introduction of controls on burning vegetation within other Councils’ areas has seen reductions in the production of greenhouse gas emissions as a direct result from less fires being lit. Council’s Waste Services has a range of educational material to support more sustainable alternatives to back yard burning such as mulching, composting and recycling.

Economic

The control of open burning of vegetation places an increased demand on green waste collection and/or shredding/mulching or involves greater use of private transport to the waste facilities. Encouragement of households to utilise on-site composting and/or worm-farming operations helps to offset these demands.

Consultation

Consultation has been undertaken in the preparation of the draft procedure with:

• NSW Rural Fire Service staff

• Fire and Rescue NSW staff

• BVSC Waste Services staff

Financial

It is proposed Council set no fee for the issue of approvals required under the draft procedure during a transition period of 12 months. Costs to oversee these approvals would be covered within existing budgets.

The setting of a fee in the future could be considered as part of the drafting of the 2016/17 Budget.

Resources (including staff)

Applications for burning permits will be assessed by staff within the Environmental Health Services utilising existing staff resources. It is envisaged that, based on feedback from other Councils, the numbers of applications will diminish over time.

Conclusion

The draft procedure aims to reduce the incidence of open burning, improve public health and reduce the potential for nuisance fires impacting upon local firefighting resources.

Attachments

1 . Draft Clean Air Procedure

2 . Draft Clean Air Procedure Application Form

Recommendation

1. That the draft Clean Air Procedure be approved to be exhibited for public comment for 28 days prior to formal adoption by Council.

Council 18 March 2015

Item 8.2

8.2. Amendments to Development Control Plan 2013 regarding commercial car parking provisions

This report relates to commercial car parking provisions and proposes amendments to the Bega Valley Development Control Plan 2013 (DCP) in order to align with the existing Planning Agreements Policy.

Group Manager Planning and Environment

Background

Council, at the meeting of 14 January 2015 considered a report on the adoption of Section 94 and 94A Contributions Plan (Contributions Plan 2014) and Planning Agreement Policy. The resolution of 14 January 2015 included the following:

3. That Council adopt the Draft Planning Agreements Policy as publically exhibited with an amendment to deal with the issue of shortfall in commercial car parking.

4. That a report on amendments necessary to the Bega Valley Development Control Plan 2013 to complement the Planning Agreements Policy for car parking be presented to a future Council meeting, as per Option 3 on page 25 of the staff report.

Contributions Plan 2014 rescinded the previous Section 94 plan for car parking and instead provides for a Planning Agreement to be entered into for commercial developments with a shortfall in the provision of on-site car parking.

Details of proposed amendments

As a result of the adoption of the Section 94 and 94A Contributions Plans and Planning Agreement Policy the following amendments to Development Control Plan 2013 are recommended:

1) Sections 2.4.6.2, 2.4.6.3 and 2.4.6.5 - Merimbula Town Centre precinct specific requirements

Sections 2.4.6.2, 2.4.6.3 and 2.4.6.5 apply to development in the following Merimbula precincts: Precinct 2 Monaro Street, Precinct 3 Town Square and Precinct 5 Market Street Village. The provision states that:

· To maximise the opportunity of commercial floor space in this precinct car parking contributions will be payable in lieu of the provision of on-site parking on properties facing Market street.

It is recommended this requirement is deleted from Sections 2.4.6.2, 2.4.6.3 and 2.4.6.5 of the DCP as Contributions Plan 2014 does not include provisions for the payment of Section 94 contributions for car parking.

2) Section 5.9.2.4 - Off-Street car and bicycle parking requirements for commercial developments

Section 5.9.2.4 contains requirements for off-street car and bicycle parking for commercial developments which include:

· Car parking may not be accessed by laneways or driveways on allotments facing Carp Street in Bega, Market Street in Merimbula or Lamont Street in Bermagui.

· The payment of car parking contributions in lieu of the provision of on-site parking is required for commercial development on allotments facing Carp Street in Bega, Market Street in Merimbula and Lamont Street in Bermagui. Contributions may not be made in lieu of provision of car parking for residential use of the land.

It is recommended these requirements are deleted from Section 5.9.2.4 of the DCP as Contributions Plan 2014 does not include provisions for the payment of Section 94 contributions for car parking and be replaced with the following:

· Car parking may not be accessed by laneways or driveways on allotments facing Carp Street in Bega, Market Street in Merimbula or Lamont Street in Bermagui.

· Where rear laneway or alternative access to allotments facing Carp Street in Bega, Market Street in Merimbula or Lamont Street in Bermagui cannot be achieved, Council will consider a planning agreement to enable a payment of a monetary contribution in lieu of the provision of on-site parking for commercial development in accordance with Council’s Planning Agreements Policy.

· A planning agreement may not be made in lieu of provision of car parking for residential use of the land.

Conclusion

The recently adopted Contributions Plan 2014 does not include provisions for the payment of Section 94 contributions for car parking and, as a consequence, several amendments are required to Development Control Plan 2013. The Contribution Plan 2014 provides for a Planning Agreement to be entered into where there is a shortfall in the required on-site parking for commercial development.

Attachments

Nil

Recommendation

1. That Council place the amendments to Development Control Plan 2013 on public exhibition for a period of 28 days.

2. That a further report be submitted to Council for consideration at the completion of the public exhibition period.

Council 18 March 2015

Item 8.3

8.3. DA No. 2009.0004: Educational Establishment and Reception Establishment, Newtown Road, Bega - Proposed Modification to Condition No. 3

Group Manager Planning and Environment

Applicant	Norm and Narelle Pearce
Owner	Norm and Narelle Pearce
Site	Lot 2 DP 1083308 – 187-189 Newtown Road, Bega
Zone	R2 Low Density Residential
Proposed development	Educational Establishment and Reception Establishment
Proposed modification	Modification to Condition No. 3 of Development Consent to permit trading 7 days per week with the following hours: Monday to Friday – 7.00am to 12.00 midnight Saturday, Sunday and Public Holidays – 8.00am to 12.00 midnight

Précis

Council is in receipt of a Section 96 Application to modify Condition No. 3 of the consent issued for a Reception Establishment and Educational Establishment to operate from the land.

Condition No. 3 limits the operation of the use to:

· Monday to Friday 7.00am to 6.00pm
with the exception of one day 7.00am to 12.00 midnight

· Saturday 8.00am to 12.00 midnight

· Sunday No trading

The modification seeks an extension to the approved hours of operation to allow trading to midnight Monday to Sunday.

The application to modify was notified to adjoining and adjacent owners with one objection received.

This report recommends that the application to modify be approved for a 12 month trial period.

Description of the site

The site is described as Lot 2 DP 1083308, 187-189 Newtown Road, Bega. The site is located approximately 800 metres south of the Bega CBD. The property is elevated above Newtown Road and retains the dwelling-house known as “Bismarck House”, gardens and formal customer parking area at the rear of the site.

Vehicular access to the site is via a concrete sealed public road that also provides access to a separately owned dwelling-house at the rear of the subject land.

Details of Modification Sought

The modification seeks to extend the approved hours of operation for the Educational Establishment and Reception Establishment. Condition No. 3 of the consent limits the hours of operation to:

“3. a) The hours of operation are to be:

· Monday to Friday 7.00am – 6.00pm
with the exception of one day 7.00am – 12.00 midnight

· Saturday 8.00am – 12.00 midnight

· Sunday No trading

Subject to:

· The noise control measures recommended in the Noise Impact Assessment Report for Thornleigh on Newtown, Newtown Road, Bega prepared by Benbow Environmental Report No. 121051-Rep-Final-Ver 2 February 2013 being implemented, including –

· The existing on-site carparking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

· Patrons accessing and exiting the building from the front

· Upgrading of the window glazing

· PA system not being used between 6.00pm and 7.00am.”

The modification proposes the following hours of operation:

Monday to Friday 7.00am – 12.00 midnight

Saturday, Sunday

and Public Holidays 8.00am to 12.00 midnight

subject to the existing restrictions under Condition No. 3 and with the carpark being closed on Sundays and Public Holidays.

Issues

Noise Impact

The subject site is located in a R2 Low Density Residential zone and adjoins residential uses. The potential for impact on the existing amenity of the residents from noise generation associated with the use was a significant issue in the assessment of the application originally and the subsequent modifications. The applicant lodged a noise report with the development application when originally lodged and a revised noise report was submitted in February 2013 to support the request for amendment to condition 3 which was approved by Council on 22 May 2013.

In summary, the report concluded that extended operating hours was appropriate subject to noise control measures being included in any consent. These measures are included in condition 3 of the consent as modified.

The request for modification of condition 3 to extend the hours was referred to Council’s Coordinator Building Services who advised the following;

I have no objection to the proposed modification to change operating hours on the basis of a twelve month trial subject to;

1. Before the end of the trial period provide Council with an attended noise monitoring validation report to confirm that the specified noise control measures are effective.

2. Provide a certificate of compliance for the installation of the kitchen extractor fan acoustic silencers.

Submissions

The Section 96 Application to modify was notified to adjoining and adjacent owners with one submission received during the notification period objecting to the proposed modification.

The reasons for the objection are outlined below followed by staff comments.

· Mr Pearce has never complied with the conditions of consent with cars constantly parking in the driveway at night when this is not allowed.

· Also cars are constantly driving up the driveway at night to pick up people when leaving. This results in lights shining into my house and the noise waking up my kids.

Comment:

This matter was separately followed up with the operator who confirmed that on occasion patrons do drop off or pick up at the rear of the site after 6.00pm. This is usually people who are elderly or with limited mobility. This is despite signs being placed advising the carpark is closed other than for the disabled carpark. As part of the request for extended hours the applicant proposes the carpark would be closed on Sundays and public holidays. The applicant has been advised that it is their responsibility to ensure compliance with all conditions of consent and that the closure of the carpark after 6.00pm needs to be monitored more closely. A 12 month trial period will allow Council to review the operation of the use, and in particular, compliance with conditions of consent.

· There are up to 3 signs located out the front of the building when only 1 is allowed.

Comment:

The matter has been addressed separately by Council’s Building Services Team.

· There is an existing outside light that shines into my house and Council has done nothing about this even though I have raised the issue before.

Comment:

This matter was raised with the applicant who advised that the bulb had been removed from the outside light.

Conclusion

The Section 96 Modification Application seeks to extend the hours of operation to allow trading until 12.00 midnight Monday to Sunday.

Council’s Building Services Coordinator has assessed the request, including the previous noise reports submitted to Council by the applicant, and concluded that the extended hours are appropriate for a 12 month trial period subject to noise control measures being in place. Further a noise validation report should be submitted before the end of the trial period for Council consideration.

The issues raised in the objection have been assessed by Council staff, however it is considered they do not warrant refusal of the application. Nonetheless, it is considered that a 12 month trial period is warranted.

Attachments

1. Background History

Recommendation

That the Section 96 modification to modify Condition No. 3 of Development Consent No. 2009.0004 being for an Educational Establishment and Reception Centre at Lot 2 DP 1083308, 187-189 Newtown Road, Bega be approved subject to the following:

1. Condition 3. a) The hours of operation are to be:

· Monday to Friday 7.00am – 6.00pm
with the exception of one day 7.00am – 12.00 midnight

· Saturday 8.00am – 12.00 midnight

· Sunday No trading

Subject to:

· The existing on-site carparking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

· Patrons accessing and exiting the building from the front

· Upgrading of the window glazing

· PA system not being used between 6.00pm and 7.00am.

b) Notwithstanding a) above for a 12 month trial period the following additional operating hours will apply.

· Monday to Friday 7.00am – 12.00 midnight

· Saturday, Sunday
and Public Holidays 8.00am – 12.00 midnight

Subject to:

· The existing onsite carparking area been closed on Sundays and Public Holidays other than for the use of the disabled parking space.

· Before the end of the trial period provide Council with an attended noise monitoring validation report to confirm that the specified noise control measures are effective.

· Provide a certificate of compliance for the installation of the kitchen extractor fan acoustic silencers within 3 months of the commencement of the trial period.

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

Council 18 March 2015

Item 9.1

9.1. Bega Valley Shire Council Library Service Strategic Plan

The Bega Valley Shire Council Library Service (Library Service) has recently undergone an external review and a Strategic Plan has been developed to guide improvements outlined in the review over the next three years. The report is presented to Council for noting.

Group Manager Community, Relations and Leisure

Background

Council has four library facilities located at Bermagui, Merimbula, Eden and Bega. Library services are dynamic and the community’s expectations about what they can do at a library is ever evolving. The use of technology in library services has grown significantly over the last 15 years. In particular, the role as a borrowing facility is only one of many services offered. A snap shot of some of the other services include: internet access; training courses; specific activities for children and young people; provision of information for visitors; home library; hosting of university collections; student support; on-line resources including e-books and audio books; guest speakers; historical information digitisation and cataloguing; meeting spaces; research support; and access to computers and other special events.

To address this changing environment and expectations Council undertook an external review of the Library Service to identify areas for improvement, opportunities and lay out a plan for the next three years. The review was undertaken by Veronica Lunn from NobleWorks Consultancy. Her findings report is attached. The Library Service review was then used as the basis for developing the Strategic Plan for the Service.

Broadly, the key findings of the review were:

§ Responding to changing context of delivery;

§ Better integration and alignment with Council strategic directions and planning, as well as support functions;

§ Consideration on how the library spaces are used;

§ Increase in partnerships to run services/programs;

§ Evidence based collection management;

§ Structure that enables better use of libraries; and

§ Increase resources for collection development.

These findings, outlined in more detail in the Review report, formed the basis for turning the Review into action; the Strategic Plan.

The vision for Library Service is – ‘To inspire, empower, support and connect our community and visitors with ideas, technology, information and experiences in vibrant and welcoming library spaces’.

To meet this Vision the Strategic Plan is organised under four goals:

§ Well utilised;

§ Customer focused;

§ Continuous improvement; and

§ Good Governance.

Outcomes are identified under these Goals. In addition to the strategies listed in the Plan, a number have been highlighted as priorities. The detail of these is available in the attached Strategic Plan.

Issues

Legal

Library Services in NSW are governed by the Library Act 1939 (NSW) last updated in 2013.

Policy

The Library Service Strategic Plan presented with this report provides the operational direction and activities to meet the goals outlined in the Plan.

Social / Cultural / Economic

Libraries play an important role in the access and management of community information.

The Review and Strategic Plan identify opportunities for the Library Service to do more than it currently is to support the social and economic development of the Shire.

Consultation

Development of the Plan involved all Library Service staff and many other staff from across the Council.

The Plan has identified the need to seek feedback from Library Service users and those people that are members, but don’t come into the libraries.

Financial

Council invests significant capital and operational resources to deliver a Library Service. This review and subsequent Strategic Plan is about maximising that investment.

The Library Service has an operating budget of $1.76M per year and 14 staff engaged in a variety of full and part time roles. This is supported by approx. $180k in external grants and fees to offset this investment. The Library also receives part of its funding through a special rate variation.

Funding source – 2014/2015		Amount
General funds	$	1,400,000
Special Rate Variation	$	185,000
Grants	$	111,000
Fees & charges (incl. University collection service fee)	$	69,000
Total	$	1,765,000

Operational Plan

L2.2.1 - Optimise Bega library and branch libraries to provide services and spaces for children, young people, students and older people and develop as learning centres.

L2.2.2 - Develop partnerships with schools, tertiary institutions and community groups to grow services.

L2.2.3 - Review program and new technologies for library service provision.

Conclusion

The Library Services provides a valuable and important community asset that has a long history of service to the community. The Review and Strategic Plan provide an opportunity for Council to refocus our efforts and maximise Council’s investment. The Library Service review is also forming a cornerstone for this area within the service reviews being undertaken across all Council areas. These reviews will all be considered as part of the Council’s updated Resourcing Strategy to be considered in April 2015.

Attachments

1. Bega Valley Shire Council Library Review - November 2014

2. Bega Valley Shire Council Library Services Strategic Plan 2015-2017

Recommendation

That Council note the Library Service Review and Strategic Plan, which will be implemented over the next three years.

Council 18 March 2015

Item 9.2

9.2. Community Engagement and Communications Toolkit

Following consultancy, community and peer reviews, a Community Engagement and Communications Toolkit has been developed to support and guide effective engagement and communication activities.

Group Manager Community, Relations and Leisure

Background

Throughout 2013, a Communications Strategy was prepared, exhibited and reported to Council. Preparing the Strategy allowed us to focus on what we want our communications to achieve, and how this is best accomplished. Extensive research revealed that our past efforts were lacking in terms of providing clear and succinct information to the community, which can result in confusion, misunderstanding and missed opportunities in terms of community engagement and feedback.

On September 4, 2013 the Communications Strategy was adopted with the following Motion:

That the General Manager work with staff to engage a company with expertise in communications to prepare a strategy for broader engagement and a detailed action plan for community input opportunities.

The above Resolution linked the Communications Strategy and Council’s adopted Community Engagement Policy and Procedure that were due for review as part of Council’s policy and procedure review across all areas.

At its meeting on 22 January 2014 Council Resolved:

That Council advertise a Request for Quote to engage a company with expertise in communications and community engagement to provide a review of Council communications and engagement strategies, procedures, and proposed action plan and to provide advice on implementation of a staff training plan.

That Council request staff develop guidelines for the establishment of a reference committee to assist and advise Council on community engagement and communication and that the guidelines and framework for the committee be reported to the next Council meeting.

Subsequently an external consultant, Two Cents Group, was contracted to conduct a review of Council’s communications and community engagement activities and future directions, and a Community Engagement and Communications Reference Group was established following the endorsement of Council.

Through work undertaken via this review, and guided by the established Community Engagement and Communications Reference Group, a ‘Community Engagement and Communications Toolkit’ (the Toolkit) has been developed. The toolkit is designed to support staff and encourage consistency and professionalism as we open the channels of two way communication and engagement between the local community and Bega Valley Shire Council.

The Toolkit is designed to be a living document and will require updating as new engagement and communication opportunities evolve, and in response to community and social changes.

Following Council endorsement of the Toolkit, staff training will be developed and delivered to support implementation.

Issues

Legal

Through the Local Government Act’s Taskforce the following recommendation was made:

“Councils prepare the most locally appropriate and flexible community engagement strategy guidelines. This will provide communities the opportunity to engage, through the following and other locally appropriate principles, and allow a flexible framework for continuing community engagement.

The principles for such strategy will:

a. include commitment to the community being at the centre of local government using ongoing engagement which ensures fairness in the distribution of resources; rights are recognised and promoted; people have fairer access to the economic resources and services essential to meet their basic needs and to improve their quality of life; and people have better opportunities to become informed and involved especially through use of technology

b. consider and understand that persons who may be affected by, or have an interest in, a decision or matter should be provided with access to relevant information concerning the purpose of the engagement and the scope of the decision(s) to be taken

c. consider and understand that interested persons should have adequate time and reasonable opportunity to present their views to the council in an appropriate manner and format

d. ensure that the views presented to the council will be given due consideration

e. consider and understand that councils, in exercising their discretion as to how engagement will proceed in any particular circumstance, will have regard to the reasonable expectations of the community, the nature and significance of the decision or matter, the costs and benefits of the consultation process, and to intergenerational equity

f. arrange flexible special engagement procedures in particular instances

g. consider all groups, even though it may be difficult to reach every diverse community group, and some groups will choose not to engage”

Social / Cultural

Improving the consistency of our community engagement and communications will enable Council and community to further develop a positive and trusting relationship.

Consultation

The Toolkit has been reviewed through the Council appointed community reference group, and feedback has been provided through Council’s ‘Managers Forum’ and other key staff.

As identified in the Toolkit, receiving feedback from the community has been built in to the tools that the public can use in getting their voice heard by Council. When an engagement plan is developed by officers this will identify the best methods for the process to occur and what type of feedback Council are seeking.

One area that Council has been previously criticised in relation to is providing feedback to people involved in consultation processes. Closing the loop is an important part of the engagement processes, so that people know how their input has been used.

In addition, the Reference Group has agreed to convene at a suitable time in the future to review the progress of Council and provide feedback on the use and effectiveness of the Toolkit. This will further enhance Council’s engagement strategies and feed into the ongoing refinement of the tools used by Council.

Operational Plan

Development of this Council resource was identified in the 2014-15 Operational Plan:

LO3.2.1.1 – Finalisation and endorsement of Communications and Community Engagement Action Plan (Toolkit) in consultation with community reference group.

LO3.2.1.2 – Delivery of training for Council staff on identified areas of Communications and Community Engagement Action Plan (Toolkit)

Conclusion

The development of the Toolkit has been undertaken in response to an identified need to improve two way communications between Council and the community, and the need to establish a framework for Council to develop a consistent approach to engagement and communication activities.

Links

DRAFT: Community Engagement and Communications Report 2015

http://www.begavalley.nsw.gov.au//attachments/20151303_Draft_Community_Engagement_&_Communications_Repor_FINAL.pdf

DRAFT: Community Engagement and Communications Toolkit 2015

http://www.begavalley.nsw.gov.au//attachments/20151303_DRAFT_Community_Engagement_&_Communications_Toolkit.pdf

Attachments

Nil

Recommendation

That the Community Engagement and Communications Toolkit be adopted by Council for implementation.

Council 18 March 2015

Item 9.3

9.3. Expiring Pool Management Contracts

The current contracts for operating the Council pools at Bega, Cobargo and Candelo conclude at the end of March this year. This report provides an overview of possible management models and summarises the pros and cons of each for Council in providing facilities and delivering services.

Group Manager Community, Relations and Leisure

Background

Bega Valley Shire Council (BVSC) has six public swimming pools, owned by Council, located throughout the Shire. The largest facility, Sapphire Aquatic Centre, is an enclosed all year round facility located in Pambula Beach. The remaining five pools are seasonal outdoor facilities that operate from October to March and are located in Bega, Bemboka, Candelo, Cobargo and Eden. All pools are available to all residents and visitors.

Currently three pools are managed by individual operators on contract to BVSC (Cobargo, Bega and Candelo) and three are directly managed by Council (Sapphire Aquatic, Eden and Bemboka).

The current contract period for the externally operated pools is due to expire at the end of this summer season. The operators have been aware the contract finished at the end of the 14/15 season since they entered into the contract. The expiry of a contract agreement is an opportunity to review the circumstances around delivery of services and consider which management model (or possibly combination) is the best fit to get the balance right between service provision and the level of subsidy paid by the community in operating those facilities.

History

In recent history all the pools in the Shire have been operated under a contract arrangement where an external operator has been paid a seasonal fee by Council to provide a service; related primarily to opening hours. This contract was last put to tender in 2010.

Two years ago, the operators at Sapphire Aquatic Centre, Eden and Bemboka pools identified they were either unable to or did not want to continue operating those pools. This left Council with a decision to either leave the pools closed or take up the operation of the pools directly, despite them operating at a significant cost. Council accepted the challenge to keep the pools open. Through making some operating changes and focusing on delivering key services and core programs the patronage of these pools has increased over recent time.

Management Models – Public Facilities

There are five management models Council employs to manage public assets. There are pros and cons associated with each; however the fundamental differences relate to the amount of control, accountability and resourcing responsibilities retained by the asset owner (Council). A brief summary is provided below, in order from most control to least control:

· Direct management – Council retains direct influence for all service levels and operations.

· Community management – Council retains high levels of influence. Some operational works and services are delivered by community members, typically for no or very little fee.

· Contract Management – Council has mid-levels of influence over service levels. Council sets service levels however options to amend them begin to become limited. An external organisation is employed for an agreed fee to deliver services or specification defined in a formal contract document. Council has obligations to the service provider.

· Licence – Lower levels of influence over service levels. Council issues a licence to an organisation to operate its asset. Typically Council’s influence will be in conditions being put on the operating licence to ensure basic service levels and ensure some access to the community. Usually the operator will incur most operating costs and some fees (usually low) are paid by Council however the operator will retain all revenue.

· Lease – Very little influence over service levels. Council hands over most of its influence in exchange for a higher fee for exclusive use and occupation.

The table below gives a visual representation of the influence and control considering several operational elements.

Opportunity and Risk Management

No matter which management model is employed by Council there are inherent risks and opportunities in running public pools. Examples of inherent risks include: drowning; lack of trained staff availability; asset failure; lack of service provision; excessive expenditure; requirements to respond to regulatory changes; water quality and public health; and chemical use and storage. In some instance risk exposure to Council can be reduced by employing lower direct control management models. These can be used to reduce exposure to risks associated with liability and resourcing issues. Like-wise, risks associated with infrastructure and asset management and service levels are better managed by a higher control model. In looking at management models, those which most effectively mitigate what are considered core risks and / or make the most of opportunities and available resources can lead to preferred model/s.

How the current Management Model Works

The table below gives an overview of the operational items involved in running a public pool and where the responsibilities lie under the current management models.

Operational Item	Direct Management Council Responsibility	Current Contract Model Operator Responsibility
Staff Wages	Council	Operator
Contractor Fee	N/A	Council
Staff Training	Council	Operator
Operating Insurances	Council	Operator
Property Insurance	Council	Council
Electricity Costs	Council	Council
Water Costs	Council	Council
Sewage Costs	Council	Council
Chemical purchase	Council	Council
Water testing	Council	Operator
Asset Repairs & Maintenance	Council	Council
Grounds Maintenance	Council	Operator
Cleaning	Council	Operator
Asset Renewal (Capital)	Council	Council
Opening Hours	Council	Operator (as per contract)
Activities and Programs	Council	Operator

The table below provides an overview of revenue received from operating pools. Income received by Council goes toward off setting costs associated with operating all pools.

Revenue Stream	Direct Management Council Income	Current Contract Model Operator Income
Contract Payment	Nil	Operator
Pool Membership	Council	Operator
Casual Admission	Council	Operator
School Groups	Council	Operator
Learn to Swim	Council	Operator
Squad and Development Programs	Council	Operator
Water Aerobics	Council	Operator
Kiosk	Council	Operator

Council pays a management fee to the contractor/s for the operation and management of its asset. The contractor also retains all other operating revenue gained through fees, charges and sales at the location.

Advantages of the current structure to Council:

1. The existing operators have a long history and have built strong community relationships at respective sites.

2. The contractors are largely self-sufficient in terms of operating systems and programs

3. Key Council staff interact with these contractors regularly.

4. To a large extent the administration requirements and costs to Council to administer these sites is minimal.

5. Fewer staff are directly employed by Council. It is estimated that additional positions (depending on operating hours) would be required from October to March each year for each site.

Disadvantages of the current structure to Council:

1. There is a lack of cohesion between sites leading to missed opportunities for Council to standardise purchasing and operating practices.

2. There are missed opportunities to coordinate and fully utilise the assets i.e. offer a Shire wide pool pass to residents and standardised Learn to Swim program delivery.

3. Limited ability to create a Shire wide pools operational and pricing structure.

4. There is lack of incentive for contractors to work towards operating efficiencies for items they are not are not responsible for (ie power, water, chemical use).

5. There are limited mechanisms for Council to direct that best practice procedures are adopted at the contract managed pools.

6. Lack of standardisation of administration procedures, promotion of services, use of technology and reporting.

7. Increased risk of miscommunication to the public.

8. Increased risk of damage to the asset potentially leading to increased maintenance costs and replacement costs.

Issues

Legal

As part of workplace health and safety requirements, and overarching public liability and duty of care, there are specific regulations that come into effect when operating public pools. These include: supervision levels and staff training; chemical use and storage; and water quality monitoring and testing. These regulations are in place to manage risk by legal means. Breaches can lead to penalties for the pool operator.

The Local Government Act 1993 applies in relation to procurement of services and also for use of public assets for commercial benefit. The Crown Lands Act applies where assets are located on Council managed Crown Lands.

Policy

Council does not have a formalised policy on provision of public pool facilities and service levels provided at the pools. Currently pools utilise over $1.5m or approx. 50% of Council’s leisure services operational budget (by comparison sports facilities operational budget is $250k). With this in mind there is definite scope for a specific project to develop a formal Aquatic Facilities Policy.

Council’s procurement policy applies to purchasing of services to operate pools.

User fees are identified in Council’s adopted fees and charges policy.

Sustainability

Sustainability issues relate to ensuring the most efficient use of water and power resources

Council has seen significant benefits from reducing power and water use at sites under its operation. This was demonstrated to Councillors during an inspection at Sapphire Aquatic Centre in November 2014.Under the current contract power and water bills are paid for by Council and, at present, there is no requirement for contractors to operate in the most efficient manner and in turn no mechanism for operators and/or Council to attain the benefits of more efficient power and water use

Asset

Pools are a significant asset for Council. The older pools will require renewal/replacement in the foreseeable future as they come to the end of their useful life. Bega in particular will require decisions to be made regarding the need for significant investment within the next five years. As shown in the table above, a more direct operating model provides more flexibility to Council in regard to asset management and potential scheduling of major works.

Services

Council looks primarily at effective and equitable provision of services and facilities to the community. Generally this means getting the right balance between having as many people and possible get the benefits of public facilities against having excessive operating deficits funded by the broader community, many of which might not use that facility or service.

Service levels in the current contract are based on operating hours (10am – 6pm. The service provider has the scope to extend operating hours (subject to conditions) to meet demand and take advantage of commercial and service opportunities. For example some limitations of the current contract include:

· At present, the base hours are from 10am to 6pm. If an operator was to choose to stick to these hours there are limited mechanisms for Council to direct the facility to be opened outside these hours, despite there being a demonstrated demand.

· At present the contracted pools have to remain open throughout the day despite there being known highs and lows in patronage.

· Council covers all asset maintenance and utilities costs and there is no mechanism for either Council or the contractor to gain benefits from better managing utilities consumption.

The current contractors have built strong relationships within the community and this has currently been expressed through letters and the media.

Social / Cultural

There is no questioning the value and benefits that pools provide to those that use them. Since becoming involved in operating pools, Council has been able to listen to, and work with, local communities to develop services and programs to meet their core needs and interests. Providing the identified core services well is a key aspect of this. Good examples include programing aqua aerobics classes at Bemboka and supporting the Friends of Bemboka Pool in organising the first Bemboka Triathlon (planned for 21 March 2015).

Strategic

At present there is no strategic direction or formalised Council adopted long term plan in regard to provision and operation of public pools in the Shire. There is need for a specific project to develop a formal Aquatic Facilities Planning /Policy document to provide strategic direction and inform things such as pool operations and management as well as future investment priorities.

Consultation

As this report is not proposing major changes, there has not been formal consultation run by Council. There has been notification to the community of the expiry of the contracts and review of operating models.

The current contractors have been kept informed of the expiry of their contracts and have been asked to provide information to Council on use and operational aspects of the pools they run. Supply of much of this information is a requirement of their contact with Council, noting they are running and operating public facilities, there is commercial aspect to the operations and there are legislative requirements to ensure accountability

Much of the current interest from the community is around maintaining service levels and the relationships users have developed with the pool operators. There have been submissions made to Council demonstrating strong interest in this issue.

If Council chose to tender operation of Council facilities the potential annual and collective dollar value over the contract term, it would require an open pubic tender as per procurement requirements.

Financial

As stated above, pools currently account for 50% of the leisure services operating budget. Pool members, casual users, and those that participate in programs (learn to swim, squad training, pool fitness/aqua aerobics etc.) pay a fee to use pools, however this fee does not cover the operational costs and the balance is heavily subsidised by Council. Public pools are a high value asset that require high capital investment for asset renewal.

Council has an obligation to the community to ensure funds are well spent and that considering all information, the provision of pools is subsidised to what is considered to be a reasonable and equitable level. Contractors have provided more detailed financial information which has been made available to Councillors in confidence.

Annual Pool Contract Management Fees for Bega, Cobargo & Candelo – 2014/15		Amount
From General Funds	$	138,451

Conclusion

This report is in response to the current contract for management of the three pools (Bega, Candelo and Cobargo), which are expiring at the end of the current season. Its purpose is to provide background, an outline of what are considered key operational elements, inherent risks and opportunities.

Secondly, it allows Council the opportunity to develop a clear strategic vision for all its pools, their management, operation, and future development.

Council officers therefore seek support for the recommendations outlined below.

Attachments

1 . Bega swimming pool contract FINAL.pdf (Confidential)

2 . Candelo swimming pool contract.PDF (Confidential)

3 . Cobargo swimming pool contract.PDF (Confidential)

Recommendation

1. That the General Manger be authorised to execute appropriate documentation for a two year extension (two seasons) of the current pool contractors at Cobargo, Bega and Candelo pools.

2. That officers work with the existing contractors to refine some elements of the current contracts to provide greater flexibility and accountability.

3. That a strategic plan be developed and presented to Council for adoption at least six months prior to the end of the extension period.

Council 18 March 2015

Item 11.1

11.1. Sapphire Coast Sporting Car Club request to reinstate the Bega Valley Rally

Council has received a request from the Sapphire Coast Sporting Car Club Incorporated to reinstate the Bega Valley Rally for 2015 on Bega Valley Shire roads including Upper Cobargo Road, Buckajo Road and The Snake Track.

Group Manager Transport and Utilities

Background

Council has received a request from Sapphire Coast Sporting Car Club Incorporated for temporary road closures on three Council roads for competitive stages of the Bega Valley Rally on Sunday 7 June 2015 (June long weekend).

Roads will be closed before and during each stage of the rally. It is estimated to be approximately 4 hours closures on each of three Council roads:

· Buckajo Road, Bega. (13.7km)

Start - 430m from Snowy Mountains Highway. Finish – 300m past Spring Creek Road.

· Upper Cobargo Road, Bega, (7.4km)

Start - 500m From Princes Hwy. Finish- 1km from Snowy Mountains Highway.

· The Snake Track, Eden (full length).From west to east. Finish/finish 500m from Princes Highway

Organisers have advised;

“Surveys carried out after previous events show that 83% of the entrants were keen to see the use of Shire Roads in Bega returned to the event, so using Shire Roads is a big draw card. Proof of this showed in the entries as when Shire Roads were dropped before, entries went from 105 to less than 42 at its worst.

Running the event based in Bega is vitally dependant on gaining access to some Shire roads because there are limited numbers of suitable forestry roads in close proximity. This is largely due to the establishment of new National Parks which have reduced the number of Forest roads suitable for rally stages to only two near Bega.”

The Local Traffic Committee at its meeting 4 February 2015, provided advice to the Sapphire Coast Sporting Car Club that the event would:

· need to meet the requirements of Roads and Maritime Services Special Event Guidelines

· require in principal support from the Bega Valley Shire Council, prior to submission to Local Traffic Committee

· require qualified marshals at every entry/ exit point on the route

· require appropriate traffic control signage and to include on highway “road closure ahead”.

Issues

Legal

Event organisers will need to meet the State Special Events Guidelines and also recommendations set by the Bega Valley Local Traffic Committee.

Environmental

The environmental impacts associated with the event are unknown; however, they potential could include dust and noise.

Asset

There will be some damage to Council roads from the event. Whether the damage is significant will depend on weather conditions during the rally. The event organisers are unable to give assurances in regard to repairs to any damage following the event.

It is noted, there is no expectation from the event organisers, that Council will undertake a maintenance grade prior to the event.

Economic

The information provided by the organiser, suggests there are significant benefits to the local economy. There will be a large number of people coming to the district, all with the need for accommodation, meals, fuel, tyres and repairs.

Financial

The cost of the rally to Council is difficult to estimate. However, there will be an impact on Council Roads, but the extent of any damage is unknown and dependent on weather conditions.

Consultation

The extent of public consultation has been limited and largely confined to the car rally community only. The impact on local residents along the route of the rally will vary and not be limited to environmental impacts of dust and noise, but also social impacts such as temporary loss of access to their properties.

Resources (including staff)

The use of Council resources is expected to be limited. Council resources will be required in processing the request and Traffic Committee administration. Council does not prepare roads for rallies and does not generally change maintenance regimes for rallies.

Conclusion

If Council agreed to provide principle support for Bega Valley Rally, it will enable the Sapphire Coast Sporting Car Club to progress with organising the Bega Valley Rally. The Rallis is likely to provide significant economic benefit to the Bega Valley Shire.

Council will need to consider the environmental and social impacts on residents and other visitors when determining whether to support in principle the Bega Valley Rally as proposed.

Attachments

1. Bega Chamber of Commerce & Industry Sapphire Coast Sporting Car Club Application to reinstate the Bega Valley Rally in Bega 2015

Recommendation

1. That the organisers of the 2015 Bega Valley Rally be advised that Council supports/not support the rally in principle.

2. That Council support/not support the road closures(as listed), on Sunday 7th June 2015 for the Bega Valley Rally subject to requirements set out by the local Traffic Committee

a) Buckajo Road, Bega Including the spectator point on private land

b) Upper Cobargo Road, Bega

c) The Snake Track

Council 18 March 2015

Item 11.2

11.2. Waste Management Donations

This report discusses the current situation with waste management donations and recommends a mechanism for managing requests for fee waivers and financial support in respect of waste management services.

Group Manager Transport and Utilities

Background

Council’s waste management section receives a significant number of requests to provide fee waivers, rebates and free services to a wide variety of community groups, volunteers, clubs, events, charities and individuals each year.

Council does not have a formal mechanism for managing such requests because waste management charges are excluded from Council’s current Section 356 donations procedure. The exact cost of fee waivers and financial support is uncertain but it is estimated to be approximately $30,000 per annum.

Issues

Legal

Council procedure 5.15 Requests for Financial Assistance has been developed to comply with the requirements of section 356 of the Local Government Act 1993. The General Manager is delegated authority to approve reimbursement or donations of up to $1500 for Hall / sportsground hire, cemetery fees, rates and DA fees. The General Manager is not currently delegated the authority to approve reimbursement or donation of fees relating to waste management services (including tipping fees) under the policy/procedure.

Council may, in accordance with a resolution of the Council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions. Council has no other obligation, other than passing a resolution, to comply with section 356 if the assistance is not for private gain.

A proposed recipient who acts for private gain is not ineligible to be granted financial assistance under section 356, however under the proposed guidelines; application for Waste Management Donations resulting in private gain will be rejected.

Policy

Whilst Council has a clear policy statement in relation to its waste management objectives, Council does not have a current policy/procedure in relation to waste management donations. Policy in relation to donations should be focused on outcomes which align with Council’s broader objectives for waste management, and it is therefore important Council sets some policy objectives in relation to waste management donations

The number of requests for waste management donations has increased in recent years. Recipients can be categorised generally as follows:

Individuals and community groups acting for public good –Typically community members clearing dumped waste and weeds from public land, including Clean Up Australia day and many ad hoc requests. Typically Council will waive fees for bona fide activities which have a clear community benefit. This does not include cleaning up private land. The costs per individual activity are typically less than $1000 and all requests are documented.

Individuals experiencing hardship - Council is sometimes contacted by community service or charitable organisations to provide assistance to residents suffering genuine disadvantage and unable to afford the cost of tipping fees. Normally there is a public health or threat of eviction concern. Whilst the support is provided for private purposes it is not considered support for “private gain” (as per section 356). The cost of assistance per individual is typically less than $100. It is proposed that such requests are screened carefully and are supported by documentary evidence, such as a formal request from a community service or charitable organisation.

Charities – Includes long standing recurrent funding provided to St Vincent de Paul Bega to assist with the cost of waste disposal, and one off assistance such as waste disposal from the annual Samaritan Shop sale held at Pambula each year. In the case of St Vincent de Paul, the costs are significant at $6000/year. Charity recyclers (Op’ Shops) provide a valuable community service and this report recommends that Council continue to assist all Op’ Shops. However, it is recommended that the support is tied to changes in practice targeted at reducing the amount of inappropriate waste disposal rather than simply providing relief from tipping fees. It is proposed Council consult with the Op’ Shops to obtain a better understanding of the practicable measures, which may be available to reduce the problem.

Events – Includes Cobargo Folk Festival, Bermagui Seaside Fair, Merimbula Food Festival, Pambula Motor Fest, Eden Whale Festival etc. Council will typically donate mobile garbage bins and collection services during and after the events. Some events adopt waste minimisation practices (i.e. Cobargo Folk Festival) others do not. This report recommends that Council support is contingent on event organisers implementing a waste minimisation and management plan generally in line with the NSW EPAs “Waste Wise Events Guide” (attached)

Educational Programmes – Organisations such as schools, Bournda EEC and South East Arts run programmes which typically rely on donations of re-usable materials, but may also request funding for workshops, prizes, printed materials and other resources. Council has typically supported such request where there is a clear educational dimension aligned with Council’s waste minimisation objectives. Ordinarily the value of individual requests would not exceed $1500.

This report advocates a continued programme of waste management donations supporting projects, activities and events with the following policy objectives:

· Improved waste management and environmental outcomes for the Bega Valley community.

· Improved community awareness and education in relation to sustainable waste management.

· Diversion of waste from landfill in line with the waste management hierarchy.

The draft guidelines for the Waste Community Assistance (donations) Program are attached

It is proposed Council staff consider all requests for waste donations but will generally not approve requests where:

· The proposed recipient acts for private gain, and therefore requires a Council resolution and 28 days public notice in accordance with Section 356.

· The proposed recipient does not detail measures aimed at achieving the objectives of the programme, such as waste minimisation.

· There is no clear benefit for the local community.

· Funding is likely to be recurrent, there are no clear measures to reduce reliance on funding and/or improve waste management outcomes from year to year.

· The value of the request exceeds $5000 in any given year.

Environmental

The proposed Waste Management Donations Programme is aimed at achieving improved environmental outcomes in relation to waste management.

Sustainability

The proposed Waste Management Donations Programme incorporates elements of sustainability. Proposed recipients will need to demonstrate measures that assist in offsetting the impacts of waste generation, along with demonstrating how their proposal may have longer term benefits in reducing waste to landfill.

Social / Cultural

The proposed Waste Management Donations programme demonstrates Council support for community based endeavours which have clear social benefits. Council demonstrates community leadership by supporting those projects, events and activities which are innovative, best practice or otherwise beneficial, and go beyond providing a simple “hand out”.

Economic

Council’s objective is to encourage economic opportunity in recycling and resource recovery to offset increasing levels of waste generation in the community. That objective is proposed to be realised by waste management donations, wherever practicable, to be contingent on waste minimisation practices which align with the waste management hierarchy.

Consultation

It is proposed to consult directly with regular recipients in relation to the proposed guidelines for Waste Management Donations.

Financial

The annual cost of waste management donations is estimated to be approximately $30,000 per annum and it is proposed to identify this amount in the waste management budget. The following lists some of the recipients of waste management donations over recent years, the list is not exhaustive and does not include individual recipients of fee waivers etc:

Organisation/event	Approximate annual value
St Vincent de Paul (Bega)	$6000
Yuin Folk Club – Cobargo Folk Festival	$1000
Pambula Motorfest	$1000
CleanUp Australia Day	$5000
Bournda Environmental Education Centre	$500
Eden Marine High School	$100
Bega High School	$100
Pambula Show	$1000
Merimbula Food Festival	$1000
Eden Whale Festival	$1000
South East Arts	$500
Merimbula Classic	$500
Four winds festival	$250
Bermagui flora fauna reserve trust	$100
Pambula Samaritan Shop	$1000
Southern Women’s Resource Centre	$1500
Bermagui Seaside Fair	$500
Total	$21,050

Conclusion

It is proposed Council make a resolution in accordance with section 356 of the Local Government Act 1993 to authorise financial assistance to the Bega Valley Shire community in the form of a Waste Management Donations Programme. The Programme will be administered by the waste management section of Council in accordance with the application and assessment guidelines and in line with the waste management principles outlined in this report.

Attachments

1. Draft Waste Community Assistance Program 2015-2016

2. Waste Wise Events Guide

Recommendation

1. That Council resolves to provide financial assistance in the form of a Waste Management Donations Programme to the Bega Valley community in accordance with Section 356 of the Local Government Act1993

2. That Council authorise an annual budget of $30,000 drawn from the waste fund to finance the programme.

3. That Council endorse the principles outlined in this report and the draft guidelines for the administration of the Programme via the Waste Management Section of Council.

Council	18 March 2015
*Item 11.2 - Attachment 2*	Waste Wise Events Guide

Council 18 March 2015

Item 11.3

11.3. Community representative selection for Bega Valley Shire Floodplain Risk Management Focus Group

At its meeting of 25 September 2013, Council resolved to convene a Floodplain Risk Management Focus Group comprising Council, State Agencies/Authorities and community representatives. This report finalises the selection of community representatives for the Focus Group.

Group Manager Transport and Utilities

Background

The Floodplain Risk Management Focus Group is a requirement of the floodplain risk management process. The Group provides a forum for the discussion of technical, social, economic and ecological issues and for the distillation of possible differing viewpoints on these issues into management plans.

Council resolved the following composition of representatives for the Focus Group at its meeting of 25 September 2013:

· Bega Valley Shire Council – 2 Councillors and 3 staff

· Department of Environment Climate Change and Water (DECCW) - 2

· Southern Rivers Catchment Management Authority – 1

· State Emergency Services - 1

· Department of Planning - 1

· Department of Community Services - 1

· Community representatives - 3

Councillor, staff and State Agency representation has been finalised.

An expression of interest for community representation was conducted in October 2013. However no nominations were received at that time. A second call for expressions of interest was conducted in February 2015 and a single nomination received.

A sub-committee to deal with technical issues was also proposed on the 25 September 2013 and comprises the following members:

· Bega Valley Shire Council – 5 staff

· Council’s nominated consultant

· Department of Environment Climate Change and Water (DECCW) - 2

· Southern Rivers Catchment Management Authority (now Southern Local Land Services) – 1

· State Emergency Services - 1

· The Bureau of Meteorology - 1

The membership of the technical sub-committee has been finalised.

At its meeting of 25 February 2015 Council accepted grant funding from the NSW Office of Environment and Heritage to undertake the Bega and Brogo Rivers Floodplain Risk Management Study and Plan. Consultation with the floodplain risk management focus group will be essential for the completion of the upcoming project.

Issues

Legal

In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the Management of Flood Liable Land, April 2005.

Locally, NSW Government policy is implemented through Council’s adopted Comprehensive Local Environmental Plan 2013 and Comprehensive Development Control Plan 2013.

Focus Group recommendations are advisory in nature, as responsibility for planning matters lies with Council.

The Focus Group’s principal objective is to assist Council in development of one or more floodplain risk management plans for the LGA. The resultant recommendations may necessitate review of Council’s existing policies when floodplain risk management plans are eventually adopted.

Environmental

Environmental concerns such as climate change and catchment management practices will be addressed through the Focus Group.

Asset

The Focus Group and its technical sub-committee will provide input for floodplain risk management and minimisation strategies for Council and community assets as part of the overall floodplain risk management process.

Social / Cultural

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

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

Social/cultural concerns will be addressed through the Focus Group representation.

Consultation

Consultation via the Focus Group will be extensive.

Financial

The formation and operation of the Focus Group is expected to cost in the order of $5,000 per annum when active floodplain risk management projects are in progress. These costs are associated with meetings and training as needed.

Costs of operation are ineligible for funding under the NSW Office of Environment and Heritage Floodplain Risk Management Grant Scheme and will be funded from the Bega Valley Shire Council’s Stormwater budget as required.

Funding source		Amount
BVSC Storm Water Operating Expenses	$	5000.00

Resources (including staff)

Flood studies, floodplain risk management studies and implementation of floodplain risk management plans will also require substantial staff resources.

Operational Plan

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

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

Expressions of Interest for community representatives for the Floodplain Risk Management Focus Group have now concluded according to Council’s resolution of 25 September 2013 and all names are presented to Council for selection to the Focus Group.

Attachments

1. Committee Nomination Form

Recommendation

1. That Council approve and endorse the single nomination received for a community representative on the Floodplain Risk Management Focus Group.

2. That Council seek further expressions of interest for community representatives when the Bega and Brogo Rivers Floodplain Risk Management Study and Plan project commences in full.

Council 18 March 2015

Item 11.4

11.4. Bega Valley Local Traffic Committee Meeting 4 March 2015

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

Group Manager Transport and Utilities

Background

Bega Valley Local Traffic Committee met on 4 March 2015. The minutes of the meeting 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 4 March 2015 and approve the following:

Anzac Day March - Cobargo

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

2. That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Saturday, 25 April 2015 for the Cobargo RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan.

Merimbula Jazz Festival Street Parade - 6 June 2015

1. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10am and 11am on Saturday, 6 June 2015 for the Merimbula Jazz Festival Street Parade.

2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 6 June 2015 for the Merimbula Jazz Festival Street Parade and performance.

3. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival Street Parade on Saturday, 6 June 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

Anzac Day March and Service – Candelo

1. That the proposed traffic arrangements for the Candelo 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 William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Saturday, 25 April 2015 for the Candelo RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan.

Merimbula 10km Fun Run and 5km Fun Run/Walk - 31 May 2015

1. That, subject to conditions, sections of the following Council roads be temporarily closed from 8am to 12pm on Sunday, 31 May 2015 for the Merimbula Fun Run:

a) One lane of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road intersection;

b) Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c) One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d) One lane of Beach Street, Merimbula between the Market Street and Main Street intersections;

e) One lane of Main Street, Merimbula between the Beach Street and Lake Street intersections;

f) Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

2. That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 25 May 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Control Plan 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.

Quaama Public School P&C Annual Walkathon - 26 March 2015

1. That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on 26 March 2015 be approved and deemed a Class 4 special event.

2. That future events be held under a Class 2 Special Event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual

Installation of No Stopping Zone and One Way directional signs within the Unnamed Lane, Bermagui (Bermagui Woolworths)

1. Council approves the installation of “No Stopping” zone along both sides of the unnamed lane, commencing at its intersection with Bunga Street and terminating at its intersection with Montague Street.

2. Council approves the implementation of “One Way” traffic and associated signage from the intersection of the unnamed lane with Wallaga Street to its intersection with Montague Street.

Council 18 March 2015

Item 12.1

12.1. Proposed Lease to Tathra Surf Lifesaving Club

In order to meet its statutory obligations as Reserve Trust Manager, Council staff have been trying to establish a formal tenure arrangement with the Tathra Surf Lifesaving Club since 2007 for their occupation of the Tathra Beach Reserve. Council approval is now being sought to enter into a suitable lease.

Group Manager Strategy and Business Services

Background

Bega Valley Shire Council is the appointed Reserve Trust Manager of the Tathra Beach (R79310) Reserve for Public Recreation and Resting Place at Tathra on behalf of Crown Lands.

A Plan of Management was prepared for the Tathra Foreshores Reserves and adopted by Council in August 2002. That Plan of Management identified the need for formal tenure to be established between Council, as Reserve Trust Manager and the Tathra Surf Lifesaving Club for their continued occupation of the clubhouse building and associated storage facilities located within the Tathra Beach Reserve. The Tathra Surf Lifesaving Club have occupied the premises for many years and have a historical, social and recreational footprint associated with the Reserve, however they do not have any formal tenure entitlements.

Both Bermagui and Pambula Surf Lifesaving Clubs have legal tenure to occupy Council managed Crown Reserves within the Shire and have had for many years. Staff from Crown Land have been assisting Council with lease negotiations with the Tathra Surf Club since 2007 and have met both on-site and at Council’s Bega office with members of the Club, their legal representative and Council staff on several occasions over the years to further those discussions and negotiate the terms of a suitable lease.

Crown Lands have, for several years, been in the process of developing a policy for the occupation of Crown land by surf lifesaving clubs throughout New South Wales (NSW). This policy will outline the agreed principles and requirements to enable ongoing and lawful occupation of Crown land by the surf lifesaving movement. It will also establish the roles and responsibilities of surf clubs, Crown Lands and Reserve Trust Managers. A specialised lease template has also been formulated for use to ensure a level of consistency for surf club tenure throughout the State. Surf Lifesaving NSW has been consulted regarding the new policy and has provided input into its contents. The policy and lease template are currently awaiting final approval from the Minister for Land and Natural Resources. The Tathra Surf Club have been delaying lease negotiations until that policy position is finalised, however due to the lack of legal tenure over the Reserve, there are significant public liability concerns and exposures for both the Crown and Council (as well as the Tathra Surf Club) and an interim short-term lease has been recommended.

Issues

Legal

Legal advice was obtained from Council’s legal panel solicitors in October 2013 to determine what the implications were for both Council and the Crown arising from the lack of legal tenure by the Tathra Surf Club and what options were available to Council to resolve the matter.

That advice indicated Council should strongly insist on an interim lease or licence as a bridging measure until a long term lease could be secured to minimise exposure to both the Tathra Surf Club and Council with regard to public liability concerns.

Policy

It is anticipated that once the Crown Land Policy for the occupation of Crown Land by surf lifesaving clubs is adopted, the short-term lease entered into may be terminated and long term tenure of 20 years will be offered using the specific surf club lease template.

Under existing Crown Land policy, surf clubs are classed as a Category 1 Service Organisation and as such are only required to pay the minimum annual lease/licence fee. That fee is currently $501.60 per annum.

Council’s Management of Leases and Licences procedure requires that all lands under Council control are managed in a way that are demonstrably equitable, consistent and transparent, comply with legislative requirements and obtain best value for the local community. Council cannot be seen to be giving preference to one organisation over another and is mindful that both other surf clubs have legal tenure in place.

Asset

The clubhouse building has predominantly been built by the Tathra Surf Club, with the assistance of community fundraising efforts and successful grant funding applications.

Council’s Management of Leases and Licences Procedure provide that when a high level of rental rebate is afforded, an organisation or group may take responsibility for the long term maintenance of the facility to ensure sustainability. This may happen where a facility is used solely by one organisation and will be documented in the agreement. Where applicable, Council will work with these groups to develop a long term Facility Management Plan to ensure the on-going maintenance and replacement cost of the building are adequately budgeted for.

Social / Cultural

Surf Clubs provide a valuable voluntary service to local communities by providing a safe beach and aquatic environment. Surf Lifesaving Clubs are also important community assets, with facilities often available for use by the general public for meetings, training, functions and events.

The Crown Land draft policy provides for the use of surf club buildings for revenue generating purposes under certain circumstances to give surf clubs the opportunity to raise additional revenue to assist with the upkeep of the building. Accordingly, the Tathra Surf Lifesaving Club received development consent in June 2013 to operate as a Reception Establishment. The use of the building as a reception establishment however is currently only permitted for a maximum of six days per year (in addition to surf club member functions). Surf Clubs throughout NSW are permitted to hold either a ‘limited’ or ‘on-premises’ liquor licence to complement their use of the building for member functions and as a reception venue. An essential condition of that development consent however was for the Surf Club to do all things necessary to execute a suitable Lease Agreement with Council and the Crown prior to the commencement of the reception establishment. It is in the Surf Club’s best interest to formalise their tenure immediately if they wish to continue to hire the venue and comply with their development consent conditions.

Consultation

The consent of the Minister for Land and Natural Resources will be required to the proposed lease prior to having the documents executed. Crown Lands staff in Nowra have been kept informed of all negotiations in this regard and have provided advice in relation to which requests by the Tathra Surf Club would receive consent or otherwise. One of those requests was to include the public carpark behind the clubhouse building and a section of the grassed reserve within the exclusive leased area. This did not receive the approval of Crown Lands, as it would be inconsistent with the gazetted purpose of the Reserve being for public recreation and should be available to the public at all times. As a compromise, Council staff have agreed to appropriately line-mark a section of the rear carpark to ensure that access to the rear roller door of the clubhouse and the beach is unimpeded for emergency vehicles at all times.

The Director of Crown Lands also provided Council (as Reserve Trust Manager) with the in-principle approval to enter into a three year lease as an interim measure until such time as the Crown policy is adopted and a long term lease is executed.

Financial

The Crown Lands statutory minimum annual rental of $501.60 would be payable under the terms of this lease, with the provision for an annual increase by CPI.

Any revenue received by the Surf Club for the use or hire of the building would be retained by the Club to assist with the ongoing maintenance of the asset.

Resources (including staff)

Extensive staff resources have been required over the years to attend meetings, prepare documentation, liaise with Crown Lands staff and negotiate with Tathra Surf Club representatives to formalise their tenure of the Reserve. Ongoing management of the lease during its term will also require staff resources, as will the preparation of a further long term lease once the Crown Lands policy receives final approval from the Minister.

Conclusion

The negotiation process in this matter has been lengthy and Council staff are of the opinion that the lease is now at a point where it can be finalised. Council approval is sought to obtain the consent of the Minister for Lands and Natural Resources to execute the final lease documents.

Attachments

Nil

Recommendation

1. That Council, as Reserve Trust Manager of the Tathra Beach (R79310) Reserve authorise in-principle a three year lease with the Tathra Surf Lifesaving Club to formalise their occupation of the Tathra Beach Reserve at the Crown Lands’ statutory minimum annual rental fee.

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

3. That in accordance with the requirements of the Crown Lands Act, Council obtains Minister’s consent to the final lease.

Council 18 March 2015

Item 12.2

12.2. Proposed sale of building at Merimbula Airport

A request has been received from a lessee at Merimbula Airport to purchase an old building from Council which is located on their leased site.

Group Manager Strategy and Business Services

Background

Aviation ID Australia has occupied a building at the Merimbula Airport via sub-lease agreement from the Airport operator, Airport Agencies. The single story building was the original industrial maintenance workshop and office for the airport, but has been improved considerably by the lessee during their period of tenancy.

Council resolved on 3 December 2014, to enter into direct leasing arrangements with the property tenants at the Merimbula Airport and accordingly, Aviation ID Australia were offered a three year lease. That lease was executed recently and the lessee is now wishing to redevelop the site, which requires the removal of the old building to make way for the construction of a new office facility. Following a formal request from Aviation ID Australia to purchase the building, Council staff obtained a market valuation from Opteon Property Group for the potential disposal of the asset.

The building is approximately 172m² and was constructed in around 1956. The building consists of asbestos roofing material and painted hardwood timber cladding walls. The improvements made by the tenant since 1998 include concrete slab flooring foundation to the southern side of the building, internal plasterboard lined walls, ceilings, carpet floor coverings, built in cabinets and fit out. These improvements were excluded from the valuer’s assessment as the lessee would be within their rights to remove all improvements at the end of any tenancy.

Issues

Legal

If Council resolve to sell the building to the lessee, this may be done via private agreement as it is only the improvements and not the land that is to be disposed of.

Policy

Section 55 of the Local Government Act 1993 does not require Council to invite public tenders for the disposal of property (as distinct from Land) for an amount less than $100,000.

Council’s acquisition and disposal of land procedure defines the process for the sale of land, not property improvements only.

Asset

The main concern with the existing structure is the presence of asbestos roofing. In order to redevelop the site, the removal of all asbestos is required. The lessee has investigated the costs involved in removing the asbestos and replacing the roof. Quotations received are in the order of $6,000 for asbestos removal and disposal and $5,000 for the replacement of the roof using Colourbond steel.

If Council were to carry out the above works to provide an asbestos free building to lease, it too would be required to outlay in excess of $10,000.

Strategic

Council staff considers there is no merit in retaining the old maintenance building, and that a sale to the lessee at the price offered would in fact transfer liability for removal of the asbestos to the tenant. On that basis, the proposed reduction from the valuation amount is considered reasonable.

Consultation

Council staff have been liaising with the lessee during the past six months in relation to the lease and proposed redevelopment of the site by Aviation ID Australia.

Financial

The valuation obtained for the old building improvements located on lease site LS-06 at Merimbula Airport provided a market value of $20,000.

The valuation considered the building had exceeded its nominal economic useful life of 50 years, based on its original construction and condition with no regard to internal refurbishments completed by the lessee. However, as the building was still in an operational and used condition, a representative amount of 15% of the current replacement cost was adopted.

The lessee has offered a purchase price of $10,000 which takes into consideration the costs involved for them to remove and dispose of the asbestos and replacement of the roof with a more suitable material.

Resources (including staff)

Property staff, with the assistance of Council’s legal panel solicitors, will be required to complete the sale transaction if Council resolve to proceed as recommended.

Conclusion

As Council has only at this stage been able to offer a three year lease to Aviation ID Australia, the lessee has indicated that the initial redevelopment of the site will include the removal of all asbestos and roof replacement in Colourbond steel. The lessee intends to carry out these works as soon as possible in order to provide a safe site for company staff. If a longer term lease is offered by Council at the expiry of the existing lease, the lessee proposes to remove the old building completely and construct a new two storey office on the site.

Council approval is sought to sell the old maintenance workshop and office building at the Merimbula Airport to Aviation ID Australia for the amount offered.

Attachments

1. Valuation Report - Proposed sale of building at Merimbula Airport

Recommendation

That Council:-

1. Accept the offer received from Aviation ID Australia to purchase the old maintenance workshop and office building located within lease site LS-06 at Merimbula Airport for the sum of $10,000 on the basis that the lessee remove and dispose of all asbestos roofing at their own cost within a period of 12 months from the date of purchase.

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

Council 18 March 2015

Item 12.3

12.3. Code of Conduct matter: Cr Allen

The Council has received advice from the Office of Local Government in relation to this matter.

General Manager

At its meeting on 17 December 2014 Council resolved:

1. That Council note the Code of Conduct Investigation against Councillor Tony Allen.

2. That Council as per the Office of Local Government’s Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW - March 2013, determine the complaint by Resolving to:

a) Accept the recommendations from the Independent Reviewer as per Clause 8.56, and

i) That at a public Council meeting no later than two months after Council resolution of this matter Cr Allen publically apologise to Mrs Campbell (Clause 8.35 (d) of the Procedure)

ii) That these findings of inappropriate conduct be made public (Clause 8.35 (e) of the Procedures):

· That Cr Allen’s conduct of failing to appropriately organise a meeting with Mrs Campbell, including taking her wishes into consideration and providing her ample time to prepare for such a meeting was improper, particularly as a person who held the highest position within the local community and one who was very familiar with the conduct of such meetings.

· That in failing to properly organise and consider all parties to such a meeting Cr Allen failed to treat Mrs Campbell and others with respect and failed to exercise a reasonable degree of care and diligence in carrying out the functions as Mayor.

3. That Council accept under the Code of Conduct the information provided to Councillors in the Closed Session report to Council and the Independent Reviewer’s report remains confidential information.

As required in the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, Council advised the Office of Local Government (OLG) on 22 December 2014 of the stated reasons for not accepting and making public a third finding from the conduct reviewer.

Council were also advised by Cr Allen and by the OLG that Cr Allen had sought a review of the conduct reviewer’s consideration of the matter.

The OLG advised Council by letter received on 20 February 2015 that the OLG had completed its review of the matter and advised Cr Allen of its outcome. The OLG advised that:

· An item should be notified in the agenda of a meeting to allow Cr Allen to deliver his apology at that meeting. This should probably occur at the next ordinary meeting of the Council given that the timeframe specified in the Council resolution of 17 December 2014 has now elapsed.

· Under clause 8.57 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, councils are required to specify the reasons for a decision not to accept a conduct reviewer's recommendation in their resolution. The Council's stated reasons for its decision of 17 December 2014 appear not to be reflected in the resolution recorded in the minutes of that meeting. Given the complainants would have received the conduct reviewer's final report outlining her findings and recommendations, it is the Office's view that consistent with clause 8.57, they are entitled to be provided with the Council's reasons for not accepting the conduct reviewers third finding.

· Cr Allen is obliged to comply with the Council's resolution requiring him to make an apology in the manner specified in that resolution. Now that the Office has finalised its review of Cr Allen's concerns in relation to the consideration of the matter, it can see no impediment to his being required to do so. Should he fail to do so, this would potentially constitute a breach of clause 8.10 of the Council's code of conduct which places an obligation on councillors to comply with any council resolution requiring them to take action as a result of a breach of the code. Breaches of this provision are to be referred to the Office of Local Government for consideration under the misconduct provisions of the Local Government Act 1993.

Following receipt of the above the following is provided:

This is the first Council meeting when publication of this material could properly occur in the Business Paper and an item included with due notice as noted in the first dot point above.

An agenda item has been included in the Council Business Paper for this meeting. This is at “Item 25 Code of Conduct Apology”.

In relation to clause 8.57 of the Procedures requiring councils to specify the reason for a decision not to accept a conduct reviewer’s recommendation the following is provided. The 3rd finding stated:

3. I also find that you harassed Mrs Campbell, as a member of the public by expecting her to be immediately prepared to deal with your concerns at your whim and by touching her in an inappropriate manner.

The reason why Council rejected this finding is twofold:

1. The Independent Reviewer makes the statement as to the “reasons” for her findings outlined on page 5 of her report, namely:

While there is insufficient prima facie evidence that you shook or handled Mrs Campbell roughly your version of how you and she touched is implausible.

Council considered the Independent Reviewer admitted there is insufficient prima facie evidence and instead of making a factual finding she has only outlined her opinion which may not be able to be substantiated as a finding.

2. The wording used by the Independent Reviewer “touching her in an inappropriate manner” were not clear enough to allow Council to consider properly their meaning, namely referring to an action as inappropriate touching could be construed in either an harassing or potentially sexual way and Council felt given the litigious proceedings and decisions this finding on the balance of probabilities was not established and this has been confirmed and accepted by the OLG.

In relation to the third dot point, in the response from the OLG and noted above, this would only apply should there be no apology.

Attachments

Nil

Recommendation

That Council note this report and the reasons for the omission of the third finding from the independent reviewer’s report.

Council 18 March 2015

Item 13.1

13.1. Community Strategic Plan - Half Year Review of 2014-15 Operational and Delivery Plan

The half year review provides Council with a status update on the adopted Operational and Delivery Plan which sit within the Community Strategic Plan framework

Group Manager Strategy and Business Services

Background

The 2014-15 Operational Plan was developed in alignment with the adopted Community Strategic Plan (CSP), Delivery Plan (DP) Resourcing Strategy and Long Term Financial Plan (LTFP).

The Operational Plan, along with Annual Operational Budget and Fees and Charges were publicly exhibited during May – June 2014. The suite of documents were subsequently adopted by Council on June 25, 2014.

The purpose of the Delivery and Operational Plan half yearly review is to determine current status of Operational Actions. Managers and staff have provided status updates against operational activities. This is to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues. Detailed reporting on activity line is provided in the attachment.

Issues

Legal

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of the Operational Plan.

Strategic

A summary of operational activity status and achievements by themed community ambition area are provided below. Detailed update is provided in the attachment.

A Liveable Place - Summary of activity by Community Ambition Area

Community Ambition: L1 – Wellbeing and Safety - by 2030 in the we feel safe in our community, with access to health, social and community services, and have appropriate community infrastructure provided to support a high quality of wellbeing and safety

Key achievements: Council continues to support the Police Liaison Committee through hosting and administration. Public amenity and safety has been maximised through the development of proactive regularity programs. The implementation of the Regional Illegal Dumping project ‘RID’ has been completed and the review of the Companion Animal Control Areas is currently underway with community consultation in progress. The fostering of partnerships to provide health services and health education opportunities across this Shire is of ongoing importance and liaison continues with the University of Wollongong across a range of programs including nursing, the Australian National University Rural Medical School and other programs and University of Canberra via mobile health clinics.

Forecast areas of delay: Nil to report

Community Ambition: L2 – Access to learning and creativity - by 2030 we are an inspired community with expanded access to life-long learning and skill development, and have creativity and celebration integrated into our community life.

Key achievements: Our childcare services continue to deliver quality care with the National Quality Agenda qualification requirements met ahead of schedule. Bega Valley Shire Council continues to provide one of the lowest fee services in the Shire, making this service accessible to a diverse community. Current early childhood cadet positions are due for completion in 2015. Library partnerships have continued with University of Wollongong (UoW), Australian National University (ANU) and Auswide to support high school students, home schooled and U3A students. Our library services have continued to provide up to date technical support to the community with all staff trained at advanced levels in technology to meet the demands of the community. Weekly adult technology / computer literacy classes have been held throughout the financial year with all classes at 100% capacity. Council has continued to support and encourage cultural and creativity within the Shire with a continuing partnership with South East Arts to delivery local training opportunities, and promotion of community events.

Forecasted areas of delay: Nil to report

Community Ambition: L3 - Demonstrated respect and inclusion – by 2030 we are a harmonious community where everybody is welcomed, respected and diversity is celebrated.

Key achievements: We continue to work in partnership with Aboriginal communities and others agencies to narrow the gap in areas of education, employment and health. The University of Wollongong Early Start Project has commenced in Eden Childcare and Bandara Children’s Services with initial data collection commenced. Follow up data collection has been undertaken as part of the Jump Start project. This is a comparative study linked to tackling obesity. An Indigenous traineeship is in place for the Eden Preschool. Recruitment to the traineeship at Bandara Children's Services will be undertaken in March 2015. An Indigenous Early Childhood Policy is also being developed to provide a framework for improved partnerships with the Indigenous local communities.

Forecasted areas of delay: Nil to report

Community Ambition: L4 – Opportunities provided for all stages of life - by 2030 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.

Key achievements: Activity to support young people and youth related opportunities are ongoing with the PCYC currently operating from the Youth Space. Youth Council activities have taken place. Young people have been engaged in the development of the 'Net Gen' grant funded project. Activity in this area is an ongoing program.

Volunteering is encouraged and supported with ongoing training and induction programs. Revised scoping of the Disability Inclusion Plan is underway with key stakeholders.

Forecasted areas of delay: The process of engaging other services (other than PCYC) to deliver activities within the Youth Space has been challenging, however work continues in this area.

An Enterprising Place - Summary of activity by Community Ambition Area

E1 – Growing our local businesses - by 2030 we have increased business capacity and opportunities, generating ongoing economic development.

Key achievements: In recognition of the need to establish an effective enquiry management system within Council for businesses and potential investors a Customer Request Management (CRM) system has been developed and is now in place.

Council policies and procedures have been reviewed and amended where appropriate to clarify and promote business growth principles.

An engagement program has been developed and delivered to support businesses; this has included economic gardening activities, ‘Out of hours’ business forum and business education workshops.

A ‘regulatory advisory service’ has been established which assists in liaison between business developers and regulatory authorities.

REMPLAN economic modelling data has been commissioned and is utilised and provided to businesses to show potential or realised impact for business development or community initiatives.

Forecasted areas of delay: Activities including the ongoing support of business programs are in place but currently on hold during staff recruitment processes.

E2 –Growing our region - by 2030 our region is strong and diverse, which attracts and provides new opportunities for both business and the community.

Key achievements: Creation of the ‘Live, Work, Invest’ website has been completed and is live. This website has been developed in response to identified need for an informative and effective tool for business.

Council continues to work with industry partners to improve route options at Merimbula airport. An improved alliance with ACT Tourism and Canberra airport is in progress. With meetings held with Canberra Airport to greater strengthen our ties and our understanding of our ongoing needs in aviation.

Promotion of the capabilities, products and services of the region continues with promotional material developed and attendance at the SeaChange event in Sydney to promote the Bega Valley region.

Forecasted areas of delay: Nil to report.

E3 –Growing tourism opportunities - by 2030 our tourism business opportunities are enhanced and reflect the values of the community and natural environment.

Key achievements: Council continues to work in partnership with Sapphire Coast Tourism. Through Sapphire Coast Tourism the region maintains a high standard of marketing and advertising material and visitor information services. The Tourism Futures Summit, a partnership between Council and SCT was successfully delivered in October 2014 and hailed a “resounding success”. Collection of date on areas such as bed count statistics to measure changes and trends is ongoing. Council continues to support the Bundian Way and Monaroo Bobberra Gudu Keeping place and place an advocate role in this area.

Forecasted areas of delay: Signage project for the Australia’s Coastal Wilderness project has been rejected by the Tourism regulatory authority and this project will no longer continue

E4 –Supporting tourism infrastructure - by 2030 our region has appropriate tourism infrastructure to meet community, business and tourist needs that is planned and managed.

Key achievements: Identified tourism infrastructure included the completion of the Australia’s Coastal Wilderness Drive signage project. As reported above, this project has been rejected by the Tourism regulatory authority and will not be continuing.

Tourism Infrastructure projects have been drafted and integrated with Town Centre Masterplans - to be presented to Council for adoption of calendar year 2015.

Forecasted areas of delay: Nil to report

Sustainability - Summary of activity by Community Ambition Area

S1 – Valued natural environments – by 2030 the natural environment and ecosystems are appropriately protected and enhanced

Key achievements: Partnerships are continuing with NSW Local Lands Services (LLS) with projects in weed management in place. The Coastal Weeds Endangered Ecological Community (EEC) projected have now been implemented and are complete. Council is continuing to increase staff and community awareness and understanding of the values of biodiversity and has completed the integration of tree protection and management measurements in the Local Environment Plan (LEP) with broader vegetation management

Community consultation has commenced for the review of wildlife protection zones in the companion animal control areas procedure.

Coastal zone management is of ongoing importance to our community and to Council. The Coastal Processes and Hazard definition study has been drafted, awaiting adoption and the Pambula Lake Coastal Zone Management Plan has been completed. Policies are currently in development for the ‘Entrance Management for estuaries opened by Council’.

Council continues to support community education initiatives that promote the values of our natural environment with the implementation of the ‘Love our Lakes’ program ongoing.

The implementation of the Kisses Lagoon Bega Rehabilitation Project is in progress and ahead of schedule

Forecasted areas of delay: Development of a Pest Species/ Biosecurity Strategy is awaiting the NSW Biosecurity Act. This is not within the control of Council.

S2 – Sustainable communities – by 2030 our community has the services, opportunities and support to live sustainably

Key achievements: Council has continued to monitor and work towards reducing its own draw on capital resources (water, energy, fuel) with executive reporting of corporate energy consumption. Corporate sustainability procedures and guidelines have been developed and adopted.

Progress is ongoing with the development of strategic objectives of the 2020 Vision on Waste, with the completed waste audits utilised to inform this process. Council continues to support and encourage waste minimisation behaviour with the enhancement of ‘tip shops’ at waste facilities to help reduce waste to landfill. Support is provided to broader community participation in waste education activities including the ‘Trashformation’ at Eden Whale Festival. Council will again actively support Clean Up Australia Day, with preparations for this event in progress. Event will be held in March 2015.

Forecasted areas of delay: Nil to report.

S3 – Character and amenity – by 2030 the character and amenity of our towns and villages is protected and enhanced.

Key achievements: Council continues to ensure development controls are consistent with community values and individual character of each settlement with the adopted Development Control Plan.

Facility Management Plans for key sports grounds have been developed and reported to Council. The Facility Management Plans are also utilised to inform the current review of Asset Management Plans.

Work towards CBD Masterplans continues with the community consultation facilitated by SPIIRE consultancy completed and the consultation report to guide design process reported to Council.

Forecasted areas of delay: Nil to report.

S4 – Proactive support and planning – by 2030 there is proactive planning with the community for the protection of our built and natural environment.

Key achievements: Upgrade of the treatment process elements at Tura and Eden sewage treatment plants to enhance beneficial effluent reuse is in process and nearing completion with the finale stages of eliminating operational problems.

Procedure and guidelines on Climate Change risk have been developed and adopted.

Forecasted areas of delay: Nil to report.

Accessibility - Summary of activity by Community Ambition Area

A1 Connected Communities – by 2030 our people, freight and destinations are connected to enable travel in, out or around the shire in a way that is safe, accessible and environmentally sustainable and the road network allows for efficient travel and is clearly marked.

Key achievements: Council bridge and drainage structures and road and path surfaces are being maintained and renewed in accordance with Asset Management Plans with condition assessments completed for all timber bridges. Assessment process has enabled a re-prioritisation of scheduled works, with load limits in place on identified timber bridges. Condition assessment of pavement renewal program has also been completed enabling the prioritisation of rural and urban roads schedule. Details on scheduled roadwork is provided in the attachment.

Forecasted areas of delay: Nil to report – however reprioritisation has taken place following completion of condition assessments.

A2 Facilities and services - by 2030 our infrastructure, facilities and services are strategically planned, located and designed and maintained to meet our local and visiting community needs

Key achievements: Disability Inclusion Plan has been scoped and is currently being revised in consultation with key stakeholders.

Council continues to partner with community groups in managing and maintaining identified community assets. Hall and Cemetery guidelines and operating procedures adopted by Council and in place with committees effectively managing. Management models to be reviewed 2015/16.

A continuing check of demographic data to enable input to infrastructure and facility development plans has continued. Review and development of Asset Management Plans are in progress. Identified projects on recreational facilities (Leisure) continue as scheduled, including the completion of Tathra Foreshore viewing platform and landscape improvements, other projects are in progress including the Merimbula rock wall, Dickinson Park Pavilion renewal, Lake Curalo walking track, and consultation of the concept plans for Bruce Steer pool. Detailed updates on recreational projects provided in the attachment.

Forecasted areas of delay: Pambula Sporting Complex – Squash Courts have been delayed due to review of Development Approval required post Council resolution October 1 2014. George Griffin Club House is delayed awaiting the completion of Regional Sportsgrounds Masterplanning project which will define the final scope of work.

A3 – Essential services – by 2030 our water, sewer and waste services meet public health and environmental health standards, and meet our local and visitor community needs

Key achievements: Construction of a new water supply reservoir at Nutleys Creek Rd, Bermagui to improve water pressure and long term capacity for customers is underway. Reservoir detailed design is in progress with a Review of Environmental Factors (REF) completed and geotechnical work completed. NSW Public Works commissioned to complete detailed design and tendering for reservoir construction. New inlet and outlet mains construction works have commenced.

Work has continued to review options to improve water pressure and quality to Tarraganda customers, with a new trunk main from Bega to Tarraganda installed. Unlined fittings removed and replaced. Pressure, flow and water quality now improved significantly. Review use of existing reservoir.

Source water sampling and analysis carried out to progress the provision of filtered and treated water for Bemboka customers. Treatment types have been investigated, and a proposal for concept design developed. Review of Environmental Factors and tendering has been provided by NSW Public Works. Land acquisition is underway for this project.

An options study has been completed for the treated effluent reuse and disposal options study for Merimbula Sewer Treatment Plant (STP). Environmental Impact Statement (EIS) for Ocean Outfall is in progress with data collation to support process and Expression of Interest underway.

Work is ongoing to provide the west Pambula area with a reticulated sewerage system. A design for pressure sewer has commenced following initial investigations indicating that conventional gravity sewer is not suitable for the site.

Management of waste disposal facilities in accordance with land fill environmental management plans continues. Merimbula landfill activity has now closed. A preliminary design has been completed for the Bermagui waste transfer station.

Forecasted areas of delay: Nil to report.

A4 – Emergency Planning – by 2030 our emergency services are supported and provide emergency response for our community during natural disasters.

Key achievements: The Bega / Brogo River Catchments flood study has been completed. Administrative support continues for the Local Emergency Management Committee. Support to State Response Agencies during emergency exercises is ongoing.

Forecasted areas of delay: Nil to report.

Leading Organisation - Summary of activity by Community Ambition Area.

LO1 – Proactive leadership – Bega Valley Shire Council is proactive in representing the needs and aspirations of our community.

Key achievements: The commitment to professional development opportunities for Councillors continues. Council continues to work with state agencies in the revision of strategic plans and development of performance measurements to enable improved evidence based reporting to the community. Work is progressing in the review of Resourcing Strategy (Workforce Strategy – Financial Strategy and Asset Strategy) and development of Council’s Improvement Plan (CIP) as part of the Fit for the Future review of local government in NSW.

Forecasted areas of delay: Nil to report.

LO2 – Business excellence – Bega Valley Shire Council is an organisation that embraces and demonstrates best practice governance and workplace excellence.

Key achievements: Review of the Long Term Financial Plan is in progress and will be presented to Council this financial year. An independent review of procurement is in progress and also includes a review on contract management system for tenders and contracts. The development of an Asset Management Program has been completed with software installed and operational.

Council continues to develop and work towards effective communications and understanding of Council decision making with our community with quarterly public community finance meetings held to enable question and answer sessions.

Enterprise Risk Management processes have been developed to accommodate all 'business' and support area's needs. An Enterprise Risk Committee exists and Managers have commenced actively reviewing risk plans and registers. Future activities aim to improve the collaborative approach to Enterprise Risk Management and mechanisms to report important risk issues to the Leadership Executive Group.

Succession planning is in place with traineeship/cadetship programs in place. Council currently employs over 40 trainees / cadets, providing employment opportunities for youth within our region and opportunities for succession planning. The ongoing future direction of the traineeship/cadetship program will be further evaluated post review of the Workforce Strategy.

Council is committed to providing a safe, healthy work environment and continues to be proactive in all Work Health Safety (WHS) matters. Emergency Management Plans are completed for Council’s Zingel Place Office, with staff of Zingel Place administration building completing relevant training. Regular drills have been held and monthly testing of evacuation systems. Specialised training has been provided to the Organisational Development and Governance team to support and manage suicide and crises management. Mental health awareness programs have been rolled out across the organisation with a refresher course to be held 2015 calendar year. The drug and alcohol policy has been developed with training currently in place for implementation. All staff have now completed training in ‘Move for Life; a manual handling accredited training program.

Forecasted areas of delay: Negotiations on Enterprise Wide Collective Agreement will be reviewed post development and adoption of Workforce Strategy – June 2015.

LO3 – Informed and engaged - Our community is informed and engaged with opportunities to determine the direction of the shire with effective and accountable leadership.

Key achievements: Council’s Communications and Community Engagement Toolkit Strategy has been developed and reviewed with the appointed reference group. Staff implementation will take place over the 2015 calendar year. A program of community and Councillor forums has been delivered and will be considered for ongoing delivery to enable greater access for our community to present ideas and projects to Council, listen to Council issues and have their say on issues of priority for them. A community calendar is live and updated on the Council website which identifies key community activities and community consultations, highlighting opportunities for the community to provide input and feedback. Additional opportunities for community to engage with Council continue to be provided including online and physical suggestion boxes. Council continues to provide quality customer service with opportunities for community to provide feedback on the service they received through monthly call back surveys. These surveys enable staff to assess areas of improvement and ensure that customer satisfaction levels are maintained.

Forecasted areas of delay: Nil to report

Consultation

The half yearly update is an informing document for the community. A public information session was held on Thursday 5 March in Bega Valley Shire Council Chambers to provide members of the community an opportunity to ask questions. The half yearly update is posted on the Bega Valley Shire Council website post Council endorsement.

Conclusion

Across the organisation the 2014-15 Operational Plan and subsequently the 2012-17 Delivery Plan are progressing well. The current review of the Resourcing Strategy incorporating the Asset Strategy, Financial Strategy and Workforce Strategy, and review of Asset Management Plans and Workforce Plan will enable a revised development of the 2015-16 Operational Plan.

Attachments

1. 2014-15 Operational Plan Half Yearly Update

Recommendation

That Council receive and note the status update on the 2014-15 Operational Plan

Council 18 March 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 February 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	December 2014	January 2015	February 2015
General Fund	$25,004,000	$22,004,000	$22,004,000
Water Fund	$16,796,000	$16,796,000	$16,796,000
Sewer Fund	$15,200,000	$15,200,000	$15,200,000

In addition, there is $4,535,953 in uninvested funds in Council’s operating account.

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

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

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

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

Table 2: Restricted Cash and Investment by Fund

Funding source	External Restrictions ‘000	Internal Restrictions ‘000	Unrestricted ‘000	Total ‘000
General Fund	$9,528	$10,264	$6,747	$26,539
Water Fund	$5,099	$11,697		$16,796
Sewer Fund	$3,255	$11,945		$15,200

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

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

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

Attachments

1. Investment Report 2015.02.18

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	18 March 2015
*Item 8.1 - Attachment 1*	Draft Clean Air Procedure

Council	18 March 2015
*Item 8.1 - Attachment 2*	Draft Clean Air Procedure Application Form

Council	18 March 2015
*Item 8.3 - Attachment 1*	Background History

Council	18 March 2015
*Item 9.1 - Attachment 1*	Bega Valley Shire Council Library Review - November 2014

Council	18 March 2015
*Item 9.1 - Attachment 2*	Bega Valley Shire Council Library Services Strategic Plan 2015-2017

Council	18 March 2015
*Item 11.1 - Attachment 1*	Bega Chamber of Commerce & Industry Sapphire Coast Sporting Car Club Application to reinstate the Bega Valley Rally in Bega 2015

Council	18 March 2015
*Item 11.2 - Attachment 1*	Draft Waste Community Assistance Program 2015-2016

Council	18 March 2015
*Item 11.3 - Attachment 1*	Committee Nomination Form

Council	18 March 2015
*Item 12.2 - Attachment 1*	Valuation Report - Proposed sale of building at Merimbula Airport

Council	18 March 2015
*Item 13.1 - Attachment 1*	2014-15 Operational Plan Half Yearly Update

Council	18 March 2015
*Item 13.2 - Attachment 1*	Investment Report 2015.02.18

Council	18 March 2015
*Item 15.1 - Attachment 1*	SERAS meeting 16/2/2015 - Report for Participating Councils

Ordinary

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

2 Apologies and requests for leave of absence

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

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

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

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

25 Code of Conduct Apology

Council

18 March 2015

Staff Reports –Planning And Environment (Sustainability)

18 March 2015

8.1. Draft Clean Air Procedure

Background

Issues

Legal

Policy

Environmental

Sustainability

Economic

Consultation

Financial

Resources (including staff)

Conclusion

Attachments

Recommendation

Précis

Description of the site

Details of Modification Sought

Issues

Noise Impact

Submissions

Conclusion

Attachments

Recommendation

Staff Reports – Community, Culture and Leisure (Liveability)

18 March 2015

Council

18 March 2015

Staff Reports – Infrastructure Waste And Water(Accessibility)

18 March 2015

Council

18 March 2015

Staff Reports – Governance And Strategy (Leading Organisation)

18 March 2015

Staff Reports – Finance (Leading Organisation)

18 March 2015

19.2. Question On Notice - Circus Animals

Attachments