Agenda of Council - 20 May 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

20 May 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 29 April 2015 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

Recommendation

That an apology from Cr Taylor 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 Finalisation of Planning Proposal - Mapping Amendments No. 2........................................... 10

8.2 Coastal Planning and Management Committee......................................................................... 18

8.3 Proposed Adoption of Landscaping Guidelines........................................................................ 21

8.4 Erection of a Detached Garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach... 49

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 Littleton Gardens public art commission.................................................................................... 58

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

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

10.1 Postponement of Development Packs for Merimbula CBD.................................................... 62

10.2 Recreational Vehicle Friendly Town (RVFT) Application - Bega and Cobargo...................... 69

10.3 Assignment of Share in Lease - Lease Site LS-08 at Merimbula Airport............................... 76

10.4 Tathra Beach Kiosk Lease.............................................................................................................. 78

10.5 Occupation of Old Pambula Courthouse.................................................................................... 81

10.6 Surrender of Lease Site LS-02 at Merimbula Airport & Issue of New Lease........................ 84

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 Land Acquisition for Water Reservoir at North Bega .............................................................. 88

11.2 RFQ 16/15 Supply and deliver of an excavator with a weight range between 13,800kg and 15,000kg 104

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 Applications for Financial Assistance: Section 356
Fourth Quarter 2014/2015........................................................................................................ 108

12.2 Correspondence Bega Valley Shire Residents and Ratepayers Association...................... 110

12.3 NSW local government operational and management effectiveness report FY14........... 121

12.4 Fit for the Future Council improvement proposal............................................................... 232 .

13 Staff Reports – Finance (Leading Organisation)

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

13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 238

13.2 Quarterly Review Budget Statement (QBRS) at March 2015.............................................. 243.

14 Adoption of Reports from Standing Committees

Recommendation

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

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 246

22.1 Proposed Acquisition of part SP 74126, Palmer Lane, Merimbula

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

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council 20 May 2015

Item 8.1

8.1. Finalisation of Planning Proposal - Mapping Amendments No. 2

The purpose of this report is to detail the outcomes of the public exhibition and government agency consultation to finalise the Planning Proposal for Mapping Amendments No. 2 (various properties).

Group Manager Planning and Environment

Background

Council at its meeting held on 12 June 2012 gave consideration to a report on the Draft Comprehensive Local Environmental Plan 2010 (CLEP) and as part of the resolution at the meeting resolved the following:

2. That in regard to the draft CLEP Council adopts the recommendations for the submissions outlined in:

• Appendix 2 - support (or partial support) for the submission request however, due to the nature of changes proposed, a “planning proposal” is to be prepared by Council and a “gateway determination” by the Minister for Planning is required prior to re-exhibition;

6. That Council proceed with a “planning proposal” and, if agreed by the Minister for Planning, re-exhibit those properties in accordance with the adopted recommendations of agreed submissions contained within Appendix 2. In the interim the subject land be “deferred”, thereby retaining its current zoning and status under Bega Valley Local Environmental Plan 2002.

Specifically, for part of Barragoot Swamp, Appendix 2 states: “Amend zone of swamp to E2 and amend waterway overlay to better reflect the waterbody” which affected part of Lot 881 DP 1063701.

Subsequently, Council at its meeting on 6 November 2013, gave consideration to a report on proposed amendments to Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and resolved the following:

4. Lot 344 DP 250227 Arthur Kaine Drive Merimbula be zoned E4 Environmental Living with a 2,000sqm lot size.

8. That part of Lot 411 DP 1073628 … which is part of Barragoot Swamp, be Zoned E2 Environmental Conservation.

9. Lot 292 DP 853663 Sapphire Coast Drive, Bournda be included in LEP 2013 Schedule 1 Additional Permitted Uses with Neighbourhood Shop and Service Station listed as permitted uses.

Further, Council at its meeting on 28 May 2014 gave consideration to a report on amending the minimum lot size map in BVLEP 2013 affecting Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot and resolved the following:

1. That Council staff prepare a planning proposal to amend the Bega Valley Local Environmental Plan 2013 Lot Size Map applying to Lot 20 DP 1042188 from 120ha to 10ha.

In accordance with the above Council resolutions, a Planning Proposal was prepared which included the following land:

· Part Lot 881 DP 1063701 and Part Lot 411 DP 1073628 Tathra-Bermagui Road, Bermagui

· Lot 292 DP 853663 Sapphire Coast Drive, Bournda

· Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot

· Lot 344 DP 750227 Arthur Kaine Drive, Pambula

The objective of the Mapping Amendments No. 2 Planning Proposal is to make minor amendments to BVLEP 2013 and associated maps to resolve anomalies to permit existing lawful uses occurring on certain land and to amend the zoning of Barragoot Swamp to reflect existing environmental values.

Exhibition of Planning Proposal

Council received a Gateway Determination for the Planning Proposal on 5 January 2015 from NSW Planning and Environment and delegation of the functions of the Minister of Planning and Infrastructure to make the plan.

In accordance with the Gateway Determination, the Planning Proposal was placed on public exhibition for 28 days from 13 February 2015 to 13 March 2015 and three public submissions were received. A submission was also received from the NSW Rural Fire Service (RFS).

The exhibition of the Planning Proposal included notification on Council’s website, in local newspapers, in writing to affected and adjoining landowners and the Bega Local Aboriginal Land Council.

The submissions received by Council to the Planning Proposal and Council staff responses are addressed below.

Discussion of submissions

NSW Rural Fire Service

The RFS advised it does not object to the Planning Proposal and noted the subject sites are identified as fire prone land which will affect future development applications. A specific comment regarding Lot 292 DP 853663 Sapphire Coast Drive, Bournda is discussed below.

Part Lot 881 DP 1063701 and Part Lot 411 DP 1073628 Tathra-Bermagui Road, Bermagui

The Planning Proposal aims to zone those parts of Lot 881 DP 1063701 and Lot 411 DP 1073628 that contain Barragoot Swamp as E2 Environmental Conservation to ensure its future protection (see Figure 1), as well as including the swamp as a watercourse on the BVLEP 2013 Riparian Lands and Watercourse Map.

The Swamp is an arm of the Barragoot Lake Estuary and has important environmental values, which include containing Endangered Ecological Communities and important bird breeding habitat. Barragoot Lake is closed to the sea for the majority of the time, during which Barragoot Swamp is inundated.

Figure 1: Tathra-Bermagui Road, Bermagui: Proposed Land Use Zones (as exhibited in Planning Proposal)

· Five public submissions were made to the Planning Proposal in relation to this land. Three submissions supported the E2 zoning of the swamp, but requested the zone and watercourse map be extended to cover the overflow from the dam to the north eastern of Lot 188 DP 1063701. The fourth submission supported the E2 zoning. The fifth submission from the owner of Lot 881 DP 1063701 also agreed the swamp should be protected but the forest west of the swamp and the land between the swamp and the Tathra – Bermagui Road should not be included. Most submissions contained maps with suggested boundaries of the swamp.

Staff comment:

The forest west of the swamp and the land between the swamp and the Tathra – Bermagui Road is not included in either the proposed E2 zone or waterway. The boundaries of the swamp proposed in submissions from the owner and others cover a slightly larger area on the eastern side than contained in the planning proposal. It is not considered appropriate to apply the E2 zone to areas of paddock or the dam overflow area as they are outside the actual area of Barragoot Swamp.

Consequently, it is recommended the boundaries of the E2 zone and watercourse on the eastern side of the swamp be amended in line with the most conservative suggested boundary (see Figures 2 and 3).

Figure 2: Tathra-Bermagui Road, Bermagui: Recommended changes to E2 zone boundary proposed following exhibition of planning proposal

Figure 3: Tathra-Bermagui Road, Bermagui: Recommended changes to watercourse map proposed following exhibition of planning proposal

Lot 292 DP 853663 Sapphire Coast Drive, Bournda

The Planning Proposal aims to facilitate the use of the property at Lot 282 DP 853663 Sapphire Coast Drive, Bournda, known as the Stone House Café (see Figure 4) by including it in BVLEP 2013 Schedule 1 Additional Permitted Uses with Neighbourhood Shop and Service Station listed as permitted uses.

Figure 4: Lot 292 DP 853663 Sapphire Coast Drive, Bournda - Aerial Photograph

· One public submission was made to the Planning Proposal in relation to this land supporting the amendments contained in the planning proposal.

Staff comment:

The submission by the owner of the property supported the planning proposal and no amendments were suggested.

· The RFS noted the site is subject to a significant bushfire risk and any future development application for a service station will need to demonstrate it can provide an adequate combination of bush fire protection measures and comply with the aims of Planning for Bushfire Protection 2006.

Staff comment:

It is acknowledged that any future development application for a service station (or any other permitted use) on the site would be assessed in accordance with the Environmental Planning and Assessment Act 1979 and any other applicable legislation or guidelines including Planning for Bushfire Protection 2006.

Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot

The Planning Proposal aims to amend the minimum lot size for Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot (see Figure 5) to enable regularisation of the use of the land for a dwelling. The Planning Proposal will not permit any additional residential subdivision or enable future development of the land for unsuitable purposes.

Figure 5: Lot 20 DP 1024188 Sapphire Coast Drive, Wallagoot - Aerial Photograph

· No public submissions were made to the Planning Proposal in relation to this land.

Lot 344 DP 750227 Arthur Kaine Drive, Pambula

The Planning Proposal aims to rezone Lot 344 DP 750227 Arthur Kaine Drive, Pambula (see Figure 6) from E2 Environmental Conservation to E4 Environmental Living with a 2,000sqm lot size. The rezoning is in keeping with the general zoning strategy for such land and will permit the further development of the land for residential purposes without having to rely on existing use rights provisions.

Figure 6: Lot 344 DP 750227 Arthur Kaine Drive, Pambula - Arial Photograph

· No public submissions were made to the Planning Proposal in relation to this land.

Conclusion

Public and agency consultation of the Planning Proposal has been completed. The main issue raised in the public submissions related to amending the E2 zone boundary for Barragoot Swamp. It is recommended Council support the proposed minor change to the E2 zone boundary and watercourse contained in Figures 2 and 3.

The realignment of the zone boundary is considered minor and would not require re-exhibition of the Planning Proposal. As such, Council can proceed to finalise the plan in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

Attachments

Nil

Recommendation

1. That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 subject to the minor alterations contained in Figures 2 and 3 of this report.

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

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

Council 20 May 2015

Item 8.2

8.2. Coastal Planning and Management Committee

This report recommends Council adopts the suggested actions from the Coastal Planning and Management Committee meeting of 6 March 2015, pending minor re-drafting of two draft coastal planning documents.

Group Manager Planning and Environment

Background

The Coastal Planning and Management Committee (the Committee) provides an important medium for Council’s ongoing delivery of its Coastal and Estuary Management Programs. The Committee helps ensure the Shire’s coastal zone is effectively managed to preserve its’ significant economic, social and environmental values. It has developed partnerships that deliver funding and other resources to Council’s coastal management activities.

The Committee met on 6 March 2015. The minutes of this meeting have been distributed separately. It is a requirement Council formally adopts the recommendations, prior to further action being taken. The recommendations were supported unanimously by the Committee.

At the meeting, the Committee considered draft reports and presentations relating to the Draft Pambula Lake Coastal Zone Management Plan and the Draft Bega Valley Shire Coastal Hazards Definition Study.

The Draft Pambula Lake Coastal Zone Management Plan:

This draft plan was commenced in 2008 with the formation of a Pambula Estuary and Catchment Working Group. Council and NSW Office of Environment and Heritage funding subsequently saw the completion of detailed studies into the functioning and processes involved with Pambula Lake. In 2008 the data compilation was completed and in 2012 the Estuary Processes Study was completed. Following additional consultation with targeted groups and agencies, the Draft Pambula Lake Coastal Zone Management Plan was completed in early 2015.

The key sections of the Draft Pambula Lake Coastal Zone Management Plan relate to human usage of the estuary and lake, and the lake processes and condition pressures including values and threats. The draft plan uses a risk-based approach and provides an assessment of potential management options and implementation suggestions.

The Draft Bega Shire Coastal Hazards Definition Study:

This draft study forms the first stage of the development of the Bega Valley Shire Coastal Zone Management Plan. The draft study investigates the open coast hazards and processes. It does not investigate community issues/values, ecological aspects, and economic aspects. These are to be covered in the next stage of the study process. The study applies a risk-based approach to defining and mapping coastal hazards and focuses on the coastal areas around the main settlements of Bermagui, Cuttagee, Murrah, Tathra, Tura, Merimbula, Eden/Twofold Bay and Wonboyn.

The coastal hazards identified in the draft study are listed below:

· Short-term erosion, including erosion of beach in response to storms (storm bite), and wave variability (beach rotation);

· Long term recession, including continuation of past trends, potential sea level rise and sediment losses to adjacent inlets;

· Coastal inundation, including elevated water levels during storms and potential sea level rise in the future; and

· Other hazards, including coastal entrance instability and sand drift.

The draft study uses modelling along with previous studies and data from photogrammetry wave/water level measurements, historical photographs and storm history. The draft study has identified erosion scenarios based on current erosion hazards, projected 2050 erosion hazards, and projected 2100 erosion hazards.

Copies of the full draft study available upon request.

Issues

Legal

The development of the Pambula Lake Coastal Zone Management Plan and the Bega Valley Coastal Hazard Definition Study will assist Council in managing coastal environmental hazards and reduce Council’s potential liability in accordance with the requirements of Section 733 of the Local Government Act 1993.

Environmental

The development of the plan and the study will result in improved understanding and management of environmental impacts in the coastal zone.

Asset

The draft Bega Valley Coastal Hazards Definition Study provides details of potential hazards to low lying infrastructure that will assist in the management of Council assets.

Financial

Exhibition costs will be minor and will be funded from existing budgets.

Operational Plan

The Draft Pambula Lake Coastal Zone Management Plan and Draft Bega Valley Coastal Hazards Definition Study are actions identified in the Operational Plan under Strategic Action S1.2.1 – Administer Coastal Zone Management Program.

Conclusion

The Draft Pambula Lake Coastal Zone Management Plan and the Draft Bega Valley Shire Coastal Hazards Definition Study have been under development for some time. Preparation of the draft documents has been funded by Council and the NSW Office of Environment and Heritage (OEH). They were presented to Council’s Coastal Planning and Management Committee on 6 March 2015 and endorsed for public exhibition. A Councillor workshop discussed both drafts on 10 April 2015.

Since the Committee meeting, staff from Council and OEH has identified the need for some minor revision of both documents and this is currently being undertaken.

Following incorporation of any minor amendments, it is recommended both draft documents be placed on public exhibition for 30 days, and then reported back to Council for consideration of submissions and adoption.

Attachments

Nil

Recommendation

That Council endorses the recommendations of the Coastal Planning and Management Committee meeting held on 6 March 2015 and approves the public exhibition of the Draft Pambula Lake Coastal Zone Management Plan and the Draft Bega Valley Shire Coastal Hazards Definition Study for a period of 30 days.

Council 20 May 2015

Item 8.3

8.3. Proposed Adoption of Landscaping Guidelines

This report provides a summary of the public exhibition process for the draft Landscaping Guidelines and recommends adoption subject to the changes proposed within this report.

Group Manager Planning and Environment

Background

Council at its meeting held 22 October 2014 considered a report on the draft Landscaping Guidelines and resolved the following;

1. That the document “Landscaping guidelines: A guide for preparing landscaping plans for lodgement with development applications in the Bega Valley” be noted by Council.

2. That the landscaping guidelines be placed on public exhibition for a period of 28 days with the following additional wording included in Section 7 of the report: “Depending on the zoning and requirements of relevant NSW Legislation applicable from time to time”.

Exhibition of Draft Landscaping Guidelines

The draft landscaping guidelines were publically exhibited from 16 January until 13 February 2015.

The document was made available for viewing at Council’s Bega Office, at the Bermagui, Eden and Merimbula libraries and on Council’s website. A copy was emailed to development industry professionals, as well as wholesale and retail nurseries throughout the Shire.

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

Discussion of Submissions

The following section details the issues raised in the three submissions.

• The legal basis and intention of the landscaping guidelines needs to be clear to establish when it applies and what information should be included.

Staff Comment:

The introduction to the Landscaping Guidelines has been redrafted to clarify the application of the Guidelines and lodgement requirements and provide more general advice to applicants about how to prepare a landscaping plan and what Council officers take into consideration when assessing the plan.

The quality of landscaping plans has varied greatly and is quite often an afterthought in the development process. These guidelines are designed to improve the quality of the landscaping plans to result in better, more practical and sustainable landscaping in the Shire.

• It is recommended the document be re-drafted to exclude duplication and rearranged chronologically from the initial survey work through to the preparation of the final plan.

Staff Comment:

The original document has been reviewed having regard to the submission and restructured to reflect the process undertaken when preparing a landscaping plan from the initial survey through to the preparation of the plan and selection of plant species. This has resulted in a more concise document, including the deletion of former Section 7 “Conditions”.

• Advice has been received from a qualified botanist that the species list should be deleted as these plants were originally selected for riparian restoration and many are not suitable for domestic gardens.

Staff Comment:

The species list formed part of Development Control Plan No. 1 – Residential Standards which was originally adopted in August 2003 and was included as part of the draft Guidelines.

The species list has been reviewed by Council’s Natural Assets Officer who has confirmed the list was targeted at riparian zone revegetation and includes a number of plants that are not suitable for domestic or commercial gardens.

On review, it is not considered necessary to limit the plant species, given the broad range of plants that may be suitable depending on the characteristics of the site, and the Guidelines would be a more useful document if it identified species that were not suitable for domestic or commercial situations such as varieties of existing or potential weed species.

Accordingly it is recommended the species list be deleted from the Guidelines.

• The list of weed species has been reviewed by a qualified botanist who has suggested the inclusion of a number of additional species and potential weeds, including a number of lawn species and succulents.

Staff Comment:

It is considered, through consultation with Council’s weeds management team, the weeds list should be refined by including more common varieties found in existing gardens or sold in local nurseries, rather than weeds associated with agriculture or those that are unlikely to be planted.

A number of additional plant species with the potential to be invasive have been expanded including some succulents, climbers and lawn varieties.

• It is recommended the proposed checklist be updated to correspond with the matters contained within the landscaping guidelines.

Staff Comment:

The checklist has been updated to ensure the matters to be considered as part of preparing a landscaping plan are reflected in the checklist, including the physical features of the site, surrounding uses, the type of development, plant selection and ongoing maintenance.

• Concerns have been raised about the notification process. It has been recommended a copy of the Guidelines are made available on Council’s website and placed back on public exhibition.

Staff Comment:

The draft landscaping guidelines were publically exhibited from 16 January until 13 February 2015.

It is not considered necessary to go through a further notification process.

Conclusion

The Landscaping Guidelines have been developed in response to a key direction within Council’s Delivery and Operational Plan “to ensure the character and amenity of our towns and villages is protected and enhanced” and to complement the development standards and design outcomes expressed in the residential chapter of Bega Valley Development Control Plan 2013. The document will provide guidance to applicants about the preparation of landscaping plans for lodgement with development applications.

The matters raised during the exhibition period have been taken into account and integrated into the Landscaping Guidelines which are now recommended for adoption.

Attachments

1 . Attachment 1 - Revised Draft Landscaping Guidelines

Recommendation

1. That the revised draft Landscaping Guidelines (as attached to this report) be adopted.

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

Council 20 May 2015

Item 9.1

9.1. Littleton Gardens public art commission.

Group Manager Community, Relations and Leisure

Background

The inclusion of artworks is integral to the redevelopment of the Bega Littleton Gardens precinct, as a place of civic and cultural life. A commissioning process for two distinct art works was conducted as part of that redevelopment; a feature artwork and an interactive play sculpture. The aim of the process was to ensure site specific artworks were developed and installed in time for the opening of the Bega Civic Centre.

Process

The selection process for the feature artwork and the interactive play sculpture was undertaken in accordance with Council’s Public Art Procedure. A Selection Panel was established comprising of: Mayor Councillor Michael Britten; Simon Schweitzer (Manager, Community and Culture BVSC); Iain Dawson (Curator, Bega Valley Regional Gallery); Andrew Gray (CEO, South East Arts); and Jen Hunt (community representative).

Expressions of interest were requested from interested artists for both art works. In total 23 submissions were received from a wide range of artists, demonstrating a high interest in the site and an acknowledgement of the potential significance of the project.

Following shortlisting by the panel, three selected artists were given the opportunity to respond to a design brief specific to each project. The details of these are set out below. The next stage in the process will see the selected artist work with Council officers, and others, to refine their design and clarify the siting. It is proposed that the work will be installed by October 2015.

Feature Art Work

The design intention of the feature artwork was to create a distinctive and contemporary sculptural piece which responded to the site. Artists were asked to develop a design which would:

- enhance the ambiance of Littleton Gardens;

- have a considered presence by day and night;

- have the potential to become a much loved icon for the Shire;

- reference culture/history/environment;

- age gracefully over time; and

- require minimal maintenance and cleaning.

Two submissions were considered by the Selection Panel against this criterion. A summary of these submissions, along with the Selection Panel’s recommendations is provided in the attached confidential memorandum.

Interactive Play Sculpture

The design intention of the interactive play sculpture was to create a work which would provide opportunities for creative play for children of all ages.

Artists were asked to develop a design which would:

- delight and inspire children and adults;

- provoke interest and interaction with the community and with visitors;

- reference culture/history/local ecology;

- age gracefully overtime;

- require minimal maintenance and cleaning; and

- consider safety issues associated with a sculpture designed for children.

Issues

Legal

Any selected artists will be required to enter into a commissioning agreement with Council which will clarify the roles and rights of both parties. This agreement will be informed by a best practice model developed by Arts Law Centre of Australia and is commonly used by NSW Councils who commission art works.

Policy

The commissioning process was developed in accordance with Council’s Public Art Procedure.

Asset

The commissioning process allows design modifications to be made to the works prior to installation. The artist will work with Council staff and engineers to ensure the artwork is safely and appropriately designed and installed. Once installed, the artwork becomes the property of Council and will be listed with Council’s insurers.

Social / Cultural

Art in public spaces can create a point of difference and interest, enhance ambience and attractiveness, encourage use and vitality, and contribute to a sense of pride and wellbeing in the community. The design briefs for the artworks in Littleton Gardens were established to encourage artists to be thoughtful in their approach to the site, and to develop works that would reflect the Bega Valley Shire’s diverse heritage, culture and ecology.

Strategic

Council’s Community Strategic Plan Key Direction on access to learning and creativity states: we are an inspired community with expanded access to lifelong learning and skill development, and have creativity and celebration integrated into our community life.

The Littleton Gardens artworks will directly address the specific outcomes (L2.6 and L2.7) of this key direction: encouraging the community to actively participate in events, festivals, creative community activities and supporting and developing cultural industries in the Shire.

Financial

Purchase of the artworks is funded as part of Stage 1 of the Littleton Gardens redevelopment. A total budget of $70,000 was established for the artworks. Artists worked to a $30,000 budget for the major artwork.

Funding source		Amount
Littleton Gardens redevelopment – feature artwork	$	30,000

Resources (including staff)

This project is achievable within the current resources of the Community and Cultural Development team.

Conclusion

The installation of public artworks in Littleton Gardens will enhance the attractiveness and amenity of the area, and help define the precinct as Bega’s community and cultural hub. Council’s commissioning process has resulted in proposals by artists which are sensitive to the site; reflect the character, history and ecology of the Shire; and which will inspire community connections to the area.

Attachments

1 . Littleton Gardens Artworks Submissions and Selection Panel recommendations (Councillor Only) (Confidential)

Recommendation

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

Council 20 May 2015

Item 10.1

10.1. Postponement of Development Packs for Merimbula CBD

This report provides information to Council on the progress of the Development Packs relating to Council owned land in Merimbula.

Group Manager Strategy and Business Services

Background

At the Council Meeting of 3 December 2014, a report was provided on Development Opportunities for the Merimbula CBD.

The opportunity to present key Council owned land within the Merimbula CBD to the market for development was provided.

The sites identified were:

· Main Street (formerly library, meeting rooms and Council office space);

· Alice Street (car park to the rear of the RSL);

· Park Street/Palmer Lane (public car park behind shopping precinct);

· Market Street (former Mobil site);

· Cabarita Place (car park behind current library).

Property Description	Physical address/Lot and DP	Area (in sq.m)
Main Street	946/604076; 949/810986	4,917
Alice Street	2/1090625	3,326
Park Street/Palmer Lane	5/252400; 7/252400	6,421
Market Street	12/567260; A/201599; 1/163768; 2/91361	1,511
Cabarita Place	9/285146	1,081

The Council report on 3 December 2014 indicated:

“Following adoption of the CLEP on 2 August 2013 Council is now in a position to, over the coming years, prepare development packs to offer these properties to the market for future development.

In stage one it would be proposed that the Cabarita Place and Park Street/Palmer Lane parcels are put forward.

A development pack will be prepared for each of the two sites and will utilise internal and external expertise in the areas of planning, engineering, property, and business growth to ensure that all potential development opportunities are highlighted and the community requirements such as parking and development style are covered.

Once submissions have been received, an assessment report will be prepared on each submission for Council to consider. We propose to use industry experts to assist Council in considering each submission to ensure the best overall outcome.”

At present, the Merimbula Bypass presents some variables that are likely to affect both resolved parcels of land to varying degrees.

With land acquisitions and regulatory approvals still pending finalisation on the Merimbula Bypass it is felt that placing impacted land out for Expressions of Interest for Development may be premature at this time.

Conclusion

Both the Park Street and Cabarita Place sites will be impacted by the construction and completion of the Merimbula Bypass, and it is advised Council defer the placement of these parcels out for Expression of Interest for Development until such time as the Merimbula Bypass concludes its acquisition and approvals processes.

Attachments

1. Council Report 3 December 2014

Recommendation

1. That Council defer the release of the development packs for the Park Street/Palmer Lane, and Cabarita Place properties until such time as the acquisition and approvals process for the Merimbula Bypass are concluded.

2. That a report be presented to Council, once the acquisition and approvals processes for the Merimbula Bypass are concluded, seeking to finalise and release development packs and commencement of an expression of interest process for the Park Street/Palmer Lane and Cabarita Place properties.

Council 20 May 2015

Item 10.2

10.2. Recreational Vehicle Friendly Town (RVFT) Application - Bega and Cobargo

Council has been approached to submit a RVFT Application to the Campervan and Motorhome Club of Australia Limited (CMCA) for Bega and Cobargo.

Group Manager Strategy and Business Services

Background

The RV Friendly Town™ program is an initiative of the Campervan and Motorhome Club of Australia Limited (CMCA).

It is aimed at assisting recreational vehicle (RV) consumers as they journey throughout Australia.

RV’s include motorhomes, campervans and caravans.

Before a town can be appointed to the RV Friendly Town™ program, a set of guidelines must be met which includes:

Essential Criteria

· Provision of appropriate parking within the town centre, with access to a general shopping area for groceries and fresh produce

· Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs, as close as possible to the CBD

· Access to potable water

· Access to a free dump point at an appropriate location

Desirable Criteria

· Provision of long term parking for self-contained recreational vehicles

· Access to medical facilities or an appropriate emergency service

· Access to a pharmacy or a procedure to obtain pharmaceutical products

· Visitor Information Centre (VIC) with appropriate parking facilities

· VIC to provide a town map showing essential facilities, such as short and long term parking areas, dump point and portable water

· RV Friendly Town™ signs to be erected within the town precinct

If successful, the CMCA will promote the town by advertising on its own website and through publication of an article in the CMCA’s monthly magazine.

In addition, Council will be supplied with two (2) roadside signs free of charge, as per this example:

Copy of Franklin RV Friendly Sign

Council has been approached by local organisations in Cobargo and Bega to become recognised as an RV Friendly Town™ through the CMCA program.

Both Cobargo and Bega meet the essential criteria outlined under the RVFT program. Organisations in both towns have recently moved to install free dump points at the Cobargo Hotel and at the Bega Showground.

Cobargo and Bega Chambers of Commerce have requested that Council accept the RVFT program and place at least two signs in each town indicating membership of the RVFT program.

Requests have also been made as to whether or not additional directional signage could be placed in these two towns directing travelers to the free dump points. At this stage, no commitment has been made in this regards. Council is still considering the impacts of such a request.

Conclusion

The Recreational Vehicle traveller market is a growing tourist market for the Bega Valley. Programs such as this one provide a town or village with an additional promotional stream to encourage visitors to stop and hopefully seek out local experiences, putting additional income into the local economy.

Attachments

1. Factsheet: About the CMCA

2 . Factsheet: RV Friendly Town Program

3 . Letter regarding outcome of Local Traffic Committe Meeting 04/02/2015

Recommendation

That Council endorse Bega and Cobargo seeking membership to the RV Friendly Town program.

Council 20 May 2015

Item 10.4

10.4. Tathra Beach Kiosk Lease

Reporting the results of a recent public competition conducted for the future lease of the Tathra Beach Kiosk building and seeking Council approval to grant a ten year lease to the successful applicant.

Group Manager Strategy and Business Services

Background

This matter was reported to Council on 25 February 2015, seeking approval to conduct a public competition process required for the future tenure of the Tathra Beach Kiosk building. The current lessee, Bibi’s Pty Ltd had requested Council’s consideration to vary their existing lease term to expire 15 months earlier in order to carry out the public competition process required by Crown Lands prior to granting any further long term tenure. Council approval to the request was granted and accordingly a Variation of Lease was executed by Bibi’s Pty Ltd and Council with the current lease to expire on 31 May 2015.

A public notice advertisement was then published in all local media from 12–18 March 2015, seeking Expressions of Interest (EOI’s) from experienced operators for the future lease of the kiosk building located within Crown Reserve 79310 at Tathra. During the 28 day submission period which followed the advertisement, only one EOI was received from Bibi’s Pty Ltd, the current lessee.

Issues

Legal

As the building is a Council managed Crown Land asset, the in-principle support of Crown Lands was obtained to the lease variation and advancing of the public tender process required. At that time, Crown Lands’ staff also provided their support for Council, as Reserve Trust Manager, to offer a ten year lease to the successful applicant, pending final Council approval.

The lease will be subject to the Retail Leases Act 1994 and will require registration on title as the term exceeds three years.

Policy

The public competition process required is in accordance with Section 102 of the Crown Lands Act, 1989 and Council’s Management of Leases and Licenses Procedure.

Asset

In their detailed submission, Bibi’s Pty Ltd have provided a commitment of $50,000 (including GST) over the first five year term of the lease to carry out essential repairs to the building as follows:

1. Either repair the timber posts, bearers and flooring to the dining area of the café or replace with concrete slab;

2. Replace existing vinyl floor coverings with a suitable commercial grade floor covering;

3. Replace all windows with similar or better quality and replace entry door;

4. Repair and repaint exterior timber of building.

A quotation obtained by Bibi’s Pty Ltd from a local builder to carry out the above works was included with the submission, with the total cost (including engineering detail and plans) amounting to $51,550.

Council have replaced the roof and guttering to the building in recent years, however as suggested by the above list of works as well as a building report obtained by Council staff in 2010, the building is in need of structural repair. It is suggested Council staff work with the lessee to prepare a facility management plan to appropriately schedule those works over the next five year period and that the plan be an annexure to the lease to ensure the milestones are met. A financial contribution from the Reserve Trust from rent monies received, in addition to the amount committed by Bibi’s Pty Ltd in their submission, should also be considered in order to restore the structural integrity of the asset into the future.

The submission also details other investments they would like to make if granted a further lease, including the purchase of new dining chairs and outdoor furniture, as well as the upgrade of refrigeration, kitchen, and dining room and bar equipment.

Social / Cultural

Since taking over operation of the kiosk in 2010, Bibi’s Pty Ltd have established a reputation as a fine dining restaurant, consistently serving quality food and coffee and providing friendly, efficient service. The venue is well patronised by both locals and visitors to the Shire and is an asset to the Reserve and its users.

In addition to receiving the submission from Bibi’s Pty Ltd, three individual letters of support (copies attached) were also received from local residents for retention of the current operators.

Consultation

As advised earlier in the report, Crown Lands have been consulted regarding the future tenure arrangements for the site and have provided in-principle support for Council, as Reserve Trust Manager of the Tathra Beach Reserve (79310) to offer a ten year lease to the successful applicant.

If approved by Council, a draft lease will be prepared and provided to Crown Lands for approval. Statutory advertising of the intention for the Minister to give consent to a lease over the reserve must be placed in a local newspaper circulating in the Tathra area with a 14 day period available, to receive any objections to the proposal. If no objections are received, Crown Lands provide approval to have the lease documents executed, which are then sent for endorsement of Minister’s consent.

Financial

The current rental achieved for the building is $18,034.56 per annum. A market rental valuation has not been obtained since November 2011 however there does not appear to have been a substantial movement in the rental market since that time. The valuation obtained in 2011 was based on the terms of the lease which are not proposed to vary greatly, so a significant increase would not be anticipated. An annual CPI increase has been applied since the valuation was obtained and it is suggested the existing rental be retained, with a continued annual increase by CPI and further current market rental valuation obtained in three years’ time.

Resources (including staff)

Council staff time has been required to conduct the Expression of Interest process and liaise with Crown Lands. Further staff time will be required to finalise the new lease documentation and asset management plan, as well as the ongoing management of the lease during its term.

Conclusion

The current lessee, Bibi’s Pty Ltd, have complied with all their obligations under the current lease since taking over the business in 2010. They have continued to be punctual with all monthly rental payments and have made a significant financial investment in the building during their period of tenure.

They are experienced business operators, with over thirty years’ experience in the hospitality industry. They provide a professional level of service and have made a solid commitment for further financial investment into this unique Council managed asset, as well as increasing tourism to this beautiful location within the Shire. For this reason, it is recommended they be granted a further ten year lease.

Attachments

1. Bibi's Pty Ltd - Expression of Interest for Tathra Beach Kiosk Lease (Confidential)

2 . Letters of Support for current Tathra Beach Kiosk operators (Confidential)

Recommendation

1. That Council, as Reserve Trust Manager of the Tathra Beach (79310) Reserve authorise in principle a ten year retail lease to Bibi’s Pty Ltd for their continued occupation of the Tathra Beach Kiosk building at a commencing rental of $1,502.88 per month.

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 lease.

Council 20 May 2015

Item 10.5

10.5. Occupation of Old Pambula Courthouse

Council has received a request from the Bega Valley Genealogy Society Incorporated to enter into a licence agreement for their continued occupation of the Old Pambula Courthouse and Police Station building located on Baddeley Reserve at Pambula.

Group Manager Strategy and Business Services

Background

The Old Pambula Courthouse building is a Crown Land asset which is managed by the Baddeley (R.180066) Reserve Trust, the affairs of which are managed by the Bega Valley Shire Council.

A Section 355 Community Committee, known as the Old Pambula Courthouse Committee were appointed by Council to oversee the management of the facility for many years, however declining membership of that committee over the past two years has forced Council to look at other management options.

The Bega Valley Genealogy Society Incorporated has occupied space within the building via a hire agreement from the Committee and would like to continue to occupy that space as well as manage the facility on behalf of the Reserve Trust. The best option to authorise such occupation is via a Licence Agreement. It is proposed the Licence will be for the purpose of genealogy research and public library, storage of records and materials including historical information and as a meeting venue. Members of the public will continue to be able to use the old courthouse section of the building to hold meetings or events, with hire of such space to be arranged through the Genealogy Society.

Issues

Legal

In addition to needing Council approval to enter into the Licence, the consent of the Minister for Crown Lands is also required. The in-principle support to the draft Licence Agreement has been received from Crown Lands, pending formal Council resolution.

Crown Lands have confirmed the proposed use of the building by the Genealogy Society is compatible with the Reserve Purpose, being for Public Recreation and Heritage Purposes.

Policy

The Genealogy Society Incorporated are a not for profit organisation and are therefore eligible to receive a rebate as determined by Council’s Rental Assessment and Rebate Policy. The Society has submitted a rental rebate application and the level of rebate available is 99%. For this reason it is recommended the minimum annual licence fee as set by Crown Lands should apply in this instance.

The asset has substantial heritage value and it is therefore recommended management of the facility by a group who understand those heritage constraints, is the best option. Due to the fact the Society already occupies space within the building; it is not recommended a public tender process apply in this instance.

Asset

As mentioned above, the Old Pambula Courthouse and Police Station located within Baddeley Reserve at Pambula is a Council Managed Crown Land asset.

The Licensee will be required to carry out all internal and external reactive maintenance as detailed in the agreement; however the structural integrity of the building will remain a Reserve Trust responsibility. The building is included as a Museum under Council’s Asset Management Plans, however grant funding could also be sought from the Crown Land Public Reserve Management Fund for any major maintenance requirements.

Social / Cultural

The Bega Valley Genealogy Society are an important resource for anyone requiring assistance in locating historical information and have shown they can care for and manage this important part of the Shire’s history on behalf of the Reserve Trust.

Consultation

The Genealogy Society has been consulted in relation to the terms of the proposed Licence Agreement and has provided their approval to proceed to have the documents signed, pending approval from Council.

Financial

It is recommended the Crown Land minimum annual licence fee should apply for the first year of the Licence Agreement, with an annual increase in line with CPI movements for the remainder of the Licence term.

It is also proposed a further rental rebate application should be submitted at the end of the third year to determine if the financial capacity of the Society has altered and whether minimum annual rental should still apply.

Resources (including staff)

Staff time has been required to attend several on-site meetings with members of the Society along with Council’s Community Services staff, as well as assess their rental rebate application and prepare the necessary documentation.

Further staff resources will be required to manage the Licence during its term.

Conclusion

In the absence of having a Community Committee available to oversee management of this important historical asset, it is felt that occupation of the building by an association who have a thorough understanding of the heritage value of the building and its origins is the best option going forward. For this reason, Council approval is being sought to enter into a 10 year Licence to the Bega Valley Genealogy Society Incorporated for their continued occupation of the building.

Attachments

Nil

Recommendation

1. That Council, as Reserve Trust Manager of the Baddeley (R.180066) Reserve resolve to enter into a ten year Licence Agreement with the Bega Valley Genealogy Society Incorporated for their occupation of the Old Pambula Courthouse and Police Station building within Reserve 180066 at Pambula.

2. That authority is granted for the General Manager and/or Mayor to execute the Licence Agreement.

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

Council 20 May 2015

Item 10.6

10.6. Surrender of Lease Site LS-02 at Merimbula Airport & Issue of New Lease

The above Leaseholder is in the process of selling the building located on the above lease site at Merimbula Airport. The current Leaseholder has sought Council approval to surrender the remainder of their lease and for Council to enter into a new lease with the purchaser.

Group Manager Strategy and Business Services

Background

Council entered into a three year lease with Rex and Lynne Koerbin for lease site LS-02 at Merimbula Airport on 20 February 2015. The lease is not due to expire until 30 June 2017. Mr and Mrs Koerbin are in the process of selling the building located on the site. Rather than assign this lease to the new property owner, they have requested that Council consider surrendering the existing lease and entering into a new lease directly with South Coast Auto Centre Pty Ltd, who are purchasing the lessee’s hangar located on the lease site.

It is suggested that the new lease to South Coast Auto Centre Pty Ltd only be for a period of 25 months (rather than 3 years) so that all existing property leases at the airport expire on the same day.

South Coast Auto Centre Pty Ltd, operate the Hertz rental car business which has for many years had a licence with the airport operator to utilise counter space in the terminal building as well as three premium car spaces within the airport carpark. It is considered that the proposed use of the site is complimentary to the operation of an airport and provides a valuable service to airport users.

Issues

Legal

A Deed of Surrender of lease has been prepared by Mr & Mrs Koerbin’s Solicitor and will need to be executed by Council’s General Manager.

It is proposed that the surrender date will be the commencement date of the new lease to South Coast Auto Centre Pty Ltd.

Asset

The hangar is not the property of Council and the lease is therefore for land only. The lease holder does have the ability to sell the building located on the site, with the consent of Council.

Financial

All costs associated with the surrender of lease will be borne by the existing lessee, Mr & Mrs Koerbin.

The new lease to South Coast Auto Centre Pty Ltd will be on the same terms as that offered to Mr & Mrs Koerbin. A draft lease has been prepared and provided to South Coast Auto Centre Pty Ltd and has received their approval.

Resources (including staff)

Staff resources have been required to prepare the proposed new lease and management of the lease during its term will also require staff time.

Conclusion

The sale of the asset is due to settle shortly and the purchaser is now in receipt of an approved development application to operate a car hire business from the building they are purchasing on the lease site. South Coast Auto Centre Pty Ltd has successfully operated businesses within the Merimbula area for the past 20 years and are considered suitable tenants for the airport site.

Council staff believes a surrender of lease rather than an assignment in this instance is the best option and formal Council approval to execute relevant documents is now sought.

Attachments

Nil

Recommendation

1. That Council approve a surrender of the lease to Rex and Lynne Koerbin dated 20 February 2015 for the land known as Lease Site LS-02 at Merimbula Airport which has a current term of three years expiring on 30 June 2017.

2. That Council approve a new lease to South Coast Auto Centre Pty Ltd for Lease Site LS-02 at Merimbula Airport for a period of 25 months commencing on 1 June 2015 and expiring on 30 June 2017 on the same terms as the Koerbin lease to be surrendered.

3. That the Mayor and/or General Manager be authorised to execute the necessary documents.

Council	20 May 2015
*Item 11.1 - Attachment 2*	Report to Council Engineering Services Committee 16 December 1997 North Bega Reservoir

a) 1. NORTH BEGA: IMPROVEMENT TO WATER SUPPLY (400.42.1/605.006.002) (DM)

1. CONSIDERATION OF PROVISION FOR WATER STORAGE AT NORTH BEGA.

Background

A Council reservoir sited at North Bega would be a desirable asset and is something which features in the medium term planning for the Bega Water Supply system.

The establishment of the Co-op packaging plants on the Great Southern energy site has hastened the investigation and need for the water reservoir. An option for supplying the plant would have involved construction of the reservoir and supply of both processing water and water for fire purposes from a reservoir constructed to the west of the Great Southern Energy site. The Co-op have now elected to provide their own water from the Bega River for processing but see benefits in providing for fire fighting from a Council reservoir.

Negotiations have been continuing for sometime with the owners of the land on which the reservoir would be sited. Initial valuation of the reservoir site and easements for pipelines and access gave a figure of $30,000.00. The owner has responded with a figure of $60,000.00 and this has now been reduced to $45,000.00.

The Co-op have indicated that they would be willing to meet the amount above $30,000.00 that would need to be paid to the owner.

Benefits to Ratepayers

· A Reservoir constructed on the site with appropriate inlet and outlet mains would remove the pressure fluctuation problems which have occurred at North Bega.

· The reservoir would provide storage for North Bega at times when the supply line to the area is disrupted.

· Provides improved capacity for future expansion of the industrial area.

· Problems with an existing master deduct meter system at North Bega would be eliminated.

Benefits to Bega Co-op Society

A reservoir would enable fire fighting requirements to be met at the Co-op Packaging Plant and remove the need to provide significant fire fighting facilities on site. If the Packaging Plant fire supply is to be from the reservoir it will have to be constructed in the first half of 1998.

State Government Role

One point from the document agreed to by the State Government during discussions with the Bega Co-op on the establishment of the packaging plant is as follows:

“Assisting the Society to establish appropriate water connections for fire mains, and other water requirements of the cutting and packaging project. Should such water capacity not be available within the existing Bega Valley Shire Council infrastructure, assisting the Society to establish new facilities”.

Based on that point of agreement, both Council and the Co-op have made recent representations to the Premier’s Department for assistance in providing for a fire service to the Packaging Plant.

To date no decisions have been made.

Acquisition of Site and Easements

Reasons to acquire now:

· Acquisition of the reservoir site and easements provides the ability to meet Co-op fire fighting requirements in the short term if necessary.

· If the Co-op do not proceed then the reservoir can be constructed in the future to provide benefits to North Bega.

· An agreement on the acquisition appears to be achievable now. The recommendation is based on the proposition that Council’s contribution to the owner for the purchase of the land and easements would be limited to $30,000.00. There would be some costs additional to this associated such matters such as survey and registration of plans and legal costs. The estimated costs of physical works for the reservoir and pipelines is around $300,000.00 and respective contributions to these works would need to be determined in separate negotiations with the Co-op and the State Government.

Recommendation

That the General Manager be authorised to proceed with acquisition of land and easements in accordance with Engineering Services Report No.1 to the Committee of the Whole Meeting of 16 December, 1997.

Council 20 May 2015

Item 11.2

11.2. RFQ 16/15 Supply and deliver of an excavator with a weight range between 13,800kg and 15,000kg

This report details the outcome of the evaluation of RFQ 16/15 for the purchase of a 14 tonne Excavator and recommends the award to the preferred supplier.

Group Manager Transport and Utilities

Background

Council has dry hired numerous 14 tonne excavators over the past five years for maintenance and construction work. These machines have played a vital part in infrastructure renewal projects and have demonstrated their capacity to be multipurpose machines. A cost analysis was completed on dry hire verses outright purchase and was determined that a 50 percent cost saving to Council would be achieved over the life of eight years, if the machine was purchased outright.

The excavator will primarily be used to support the Infrastructure Renewal Program and also rehabilitation works, following natural disasters including; storm damage, floods, high winds and bushfires.

Quotations were called using Vendor Panel from Local Government Procurement for the supply and delivery of an excavator for infrastructure renewal and maintenance projects.

The excavators quoted had a machine weight between 13,800kg and 15,000kg.

Quotations closed on 20 March 2015, 11 quotes were received from separate companies with ten of these machines conforming to the required specification.

On completion of the initial tender assessment it was decided to further assess three machines, due to the large volume of quotes.

The preferred companies in the low price group were given the opportunity to demonstrate their excavator to enable Council’s Operator and Fleet Supervisor to carry out field demonstrations.

The second stage of the assessment consisted of criteria based on: capital value; resale value; delivery schedule; specification; after sales service support; and field operational demonstrations.

Quotations were analysed with a weighted assessment using the following criteria:

Criteria	Weighting
Whole of Life Cost	45%
Operational Assessment	25%
Mechanical Assessment	15%
Warranty Service and Parts (Inc. WH&S)	10%
Environmental	5%

The selection criteria placed significant weight on non-price factors, including: machine warranty; back up service; and operational advantages.

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

Issues

Asset

Excavators have played a vital part in infrastructure renewal projects for Council’s construction and maintenance work. The excavator will be utilised under the Infrastructure Renewal Plan and will be primarily involved in road renewal, upgrade works and flood damage refurbishment.

A summary of the specifications are listed below:

Minimum machine weight of 13,800 kg (excluding attachments)

Maximum machine weight of 15,000 kg (excluding attachments)

Diesel engine power to be in the range of 65 to 85 Kw.

REDUCED TAIL SWING or COMPACT RADIUS or SHORT RADIUS Equivalent excavator to be fitted with a front dozer blade

Excavator is to be fitted with Steel Tracks (Approx. 500mm width) and Low Profile Rubber Pads.

Financial

The excavator has an asset value of approximately $200,000. Funding is available within the Plant Reserve Budget.

Conclusion

The assessment panel considered Bega Valley Shire Council’s operational need and provide a high level of safety to the operator.

The machine recommended to Council operational consideration included: minimum whole of life costs; maximum productivity; and minimum breakdown time being a major factor to support Council’s Infrastructure Renewal Plan. The preferred machine meets all standards and required specifications.

Attachments

1. Memorandum to Councilors regarding RFQ 16/15 for the supply and delivery of an excavator (Councillor Only) (Confidential)

Recommendation

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

2. That Council accept the quotation from <insert> in relation to the purchase of an excavator as described in RFQ 16/15, in the amount of $<insert> (including GST).

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

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

Council 20 May 2015

Item 12.1

12.1. Applications for Financial Assistance: Section 356
Fourth Quarter 2014/2015

Applications for Financial Assistance –Community Partnership Fund - under Section 356 of the Local Government Act have been received for the fourth quarter of 2014/2015.

General Manager

Background

A report was provided to Council on 25 June 2014 outlining the revised procedure for handling Applications for Financial Assistance under Section 356 of the Local Government Act 1993.

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

The applications in this report have been received over the period from 24 January 2015 to 29 April 2015.

The applications received for this quarter are:

Applicant	Request	Amount
Bega RSL Sub Branch	Maintenance of World War 1 Guns	$1,138.00
Bega Squash Club	Contribution to artwork and promotion on T-Shirts for hosting NSW Squash Tournament	$1,000.00
Pambula Motorfest	Costs associated with running the 2015 Pambula Motorfest – PA System	$7,800.00 ($5,800.00 in kind)
Twyford Hall Incorporated	Electrical Work for upgrade to kitchen	$13,233.33
Cobargo Farm	Indigenous bush tucker and cultural experience	$6,000.00
Bermagui Urban Food Farmers (BUFF)	Purchase of tools, netting, equipment and stock to enable effective and safe gardening	$1,500.00
Merimbula Jazz Festival	For promotion and as a subsidy to expenses for 2015 Jazz Festival	$1045.00 ($465.00 in kind)
Merimbula Evening View Club	Contribution to airfares and accommodation for Dr Christina Henri’s visit for “Roses of The Heart” event	$744.00

Issues

Legal

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

Policy

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

Strategic

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

Financial

The Table below shows the opening balance of the budget item as of 25 February 2015, and details the expenditure between 12 February 2015 and 1 May 2015.

Funding source – Governance and Executive – operating costs - donations		Amount
Balance as at 25/2/15	$	86,004.85
Less Resolution of Council 25/2/15 Item 12.2 Successful Applicants 11/11/14 to 23/1/15	$	-7,000.00
Less Already Committed Funds 12/2/15-1/5/15	$	-14,803.60
Less General Manager Approvals 12/2/15-1/5/15(<$1500.00)	$	-4,279.00
Available Balance (not including current applications detailed in confidential attachment)	$	59,922.25

The funds available to date are $59,922.25.

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

Conclusion

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

Attachments

1. Confidential Memorandum to Councillors (Councillor Only) (Confidential)

Recommendation

1. That Council accept with the recommendations as outlined in the Confidential Attachment.

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

3. That all successful applicants be advised accordingly.

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

Council 20 May 2015

Item 12.2

12.2. Correspondence Bega Valley Shire Residents and Ratepayers Association

Cr McBain requested a report on the amount and detail of the correspondence from the Bega Valley Shire Residents and Ratepayers Association (BVSRRA) and/or Mr Richardson.

General Manager

Background

At the Council meeting on 29 April, Cr McBain asked the following question on notice:

Cr McBain – Bega Valley Residents and Ratepayers Association report

Can Council receive a report on the amount and detail of the correspondence of any type received by Council from John Richardson and/or the Bega Valley Residents and Ratepayers Association (BVSRRA) since September 2012 and its impact on Council time and operations? The General Manager took the question on notice.

Staff including the General Manager, Executive Assistant, Governance Coordinator and Records Team have collated the attached information from Council’s record management system.

Councillors and staff have always been clear in identifying that responding to genuine requests for information in a clear and timely manner is a priority. Council has committed to improving its communications and community engagement and is working to do this. The Council has in place a clear position of continuing to improve its response to correspondence from residents and ratepayers.

Councillors have also clearly stated they believe that a strong and representative ratepayers group provides an excellent conduit for the community.

Correspondence

Over the period since September 2012 Council has received a total of 209 items of correspondence from the BVSRRA(formerly BVSRA) of these 18 were formal GIPA Act applications from Mr Richardson on behalf of the BVSRRA and the remaining items were general correspondence covering general requests for information, complaints and Code of Conduct complaints. Over the period requested there were:

· 2 items in the period September to December 2012

· 53 items in 2013

· 116 items in 2014; and

· 36 items for the period 1 January to 30 April 2015.

In addition there are 12 items of correspondence from Mr Richardson, including four GIPA applications, relating to items followed up by the BVSRRA.

In 2013 the BVSRRA lodged a Code of Conduct complaint against the then acting General Manager relating to the manner in which Council responded to correspondence from Council, there was no finding of a breach of the Code and the report from the Independent Reviewer recommended that structured, minuted meetings could be a mechanism to achieve a good level of communication between the Council and the BVSRRA.

Following reporting of this matter to Council, the Mayor discussed with the BVSRRA the implementation of a regular meeting program. This was not accepted by the BVSRRA, however in early 2014 the General Manager and Mayor implemented quarterly meetings on the quarterly budget review outcomes which have been held and attended by the BVSRRA President on all occasions and Secretary on all but one occasion. These meetings have been held every quarter since introduction and continue.

On 2 December 2014 the Mayor and General Manager wrote again to the BVSRRA offering to set up similar meetings as those used for the quarterly budget reviews with an agenda developed from items raised by the BVSRRA. Staff and Councillors would attend and issues would be dealt with as fully as possible so that follow up questions could be dealt with on the spot. Any further information could then be provided. This model was aimed at ensuring full opportunity to provide detailed responses to the BVSRRA which could then be provided to all members. A copy of the letter and the BVSRRA response is included in the attachment.

In August 2014 the BVSRRA contacted the NSW Ombudsman and in December 2014 the BVSRRA lodged a complaint with the NSW Ombudsman relating to Bega Valley Shire Council and release of information and management of matters relating to the Merimbula Mobil site. The initial investigation stated that “evidence did not support your belief that council was not willing to respond to your enquiries in any meaningful way.” The BVSRRA requested a review of the decision, the original decision was confirmed and Council was provided a copy of the response to the BVSRRA from the NSW Deputy Ombudsman. Council staff had provided considerable background information to the NSW Ombudsman in relation to their investigation.

In the letter to the BVSRRA from the Deputy Ombudsman dated 17 April 2015, the matter of Council’s letter to the BVSRRA of 2 December 2014 was discussed and the Deputy Ombudsman notes:

I consider that the process suggested in this letter, which involved council meeting with your group in the week following BVSRRA meetings to discuss items of concern that had been tabled and voted on by your members, was a reasonable one. I do not accept your view that it was “entirely improper” and represented an attempt “to unreasonably interfere in the administrative workings of the BVSRRA”.

GIPA applications

In 2009, Freedom of Information legislation was superseded by the Government Information Public Access (GIPA) Act. The objectives of the GIPA Act are to:

· Authorise and encourage proactive release of information;

· Give members of the public an enforceable right to access information;

· Ensure access to information is only restricted when there is an overriding public interest against disclosure requirement.

Formal applications

Since 1 July 2009 Council has received and processed 75 formal applications.

The number of formal applications received under the new legislation framework as minimal with only seven applications lodged in the first three years. However the number of applications received since the 2012/13 financial year, has increased significantly. From March 2013 Council has received 65 formal applications.

The average time consumed when processing a formal GIPA application on a lower level matter is approximately ten hours across a number of Council’s operational areas. More complex matters consume considerably more Council staff time. Personnel with direct responsibility for responding to applications include:

· Governance Coordinator

· Records Team

· Administration Coordinators from relevant section

· Public Officer; and

· Various other subject specialist personnel.

The only fee currently being charged by Council to process these applications is the mandatory $30.00 application fee. Of the 67 applications received since 2013, only two applicants were asked to pay an advance deposit in excess of this fee. Copying fees are not being charged to applicants for the provision of hard copy documents.

Most applications are submitted by individual members of the community. On some occasions requests are lodged by legal firms representing members of the public.

A significant number of applications were lodged by or on behalf of one applicant – the BVSRRA, this organisation has submitted seventeen (18) formal requests – representing over 26% of all applications. Mr Richardson has lodged a further four applications.

Table 1.1 below summarises the applications submitted by the BVSRRA and their subsequent outcomes.

Table 1.1 Summary of GIPA Applications received from BVSRRA (2013/15)

No.:	Date received	Subject of request	Decision	Date of decision
1	2 August 2013	Sale of land – 50 Princes Highway, Cobargo	Released	26 September 2013
2	6 December 2013	Breakdown of costs for Independent Reviewer’s Investigation into Code of Conduct complaint	Refusal Section 14(4a)	10 January 2014
3	10 December 2013	Code of Conduct Investigation Report	Refusal Section 14(2b)	6 January 2014
4	21 March 2014	Discussion paper on Merimbula Airport	Released	3 April 2014
5	13 May 2014	Copy of proposal from TwoCents Group	Released	10 June 2014
6	21 March 2014	Report by URS Australia on reclamation works on 25-27 Market Street, Merimbula (Mobil site)	Information not held Section 58(1)	11 April 2014
7	16 June 2014	Contract of Sale of 25-27 Market Street, Merimbula	Released	7 July 2014
8	20 October 2014	Copy of Internal Audit Committee Report	Released	3 November 2014
9	17 November 2014	Copy of presentation by Mayor to SEATS	Information not held	9 December 2014
10	17 November 2014	Copy of memorandum to Councillors re: Establishment of Tech Park	Refusal to provide	15 December 2014
	17 November 2014	Copy of memorandum to Councillors re: Establishment of Tech Park (reviewed decision)	Refusal Section 14(4b), (4c), (4d)	27 February 2015
11	16 January 2015	Annual Report financial savings recorded	Released	9 February 2015
12	11 February 2015	Sapphire Aquatic Centre operating costs	Released	10 March 2015
13	17 February 2015	Financial performance data	Released	13 March 2015
14	24 February 2015	Tura Beach planning proposal	Information already available	18 March 2015
15	17 March 2015	Copy of Arborist Report – Merimbula Airport trees	Released	14 April 2015
16	9 April	Proposed Development Opportunities in Merimbula	Decision pending
17	10 April	Merimbula Airport Property Transaction	Decision pending
18	30 April 2015	Actual, year to date expenditure vs budget for various expense items and 2015.16 budget	Decision pending

Note:
The figure for 2015 is a projected total based on applications received as of May 2015 (17 applications).

There are currently three pending formal GIPA applications under consideration.

These are relating to:

· Airport transactions

· Development opportunities Merimbula

· Expense enquiries relating to budget items

Informal applications - correspondence

Council is not required under the GIPA Act to record the number of informal requests for information it receives. These types of requests may include:

· Over the counter requests

· Telephone requests

· Email or written requests for publically available information; and/or

· Verbal requests received in person by Councillors, staff or volunteers.

Attached is a table summarising requests received from the Bega Valley Shire Residents and Ratepayers Association BVSRRA (also recorded as Bega Valley Shire Ratepayers Association - BVSRA) since September 2012 that have been lodged as official customer requests. This list includes formal and informal GIPA applications. All the items included in this the attached table have been received as hard copy letters and emails.

The list covers a range of items on which there has been numerous requests for information.

There are currently five items which have not formally been responded to. These include:

· Request for further information about the library services strategic plan relating to consultation;

· Request for information relating to alleged unauthorised works on Crown Land;

· Request for further information relating to Bega Park following initial reply further concerns relating to lighting and playground renewal/development;

· Suggestions about improved communications between council and the BVSRRA relating to development applications being published in full on Council’s website and recording of Council

· Potential or perceived conflict of interest – arborists;

· Request for further clarification Code of Conduct matter Wheatley property;

· Parking arrangements Sapphire Marketplace;

· Bega Valley Shire Council ALGA National General Assembly call for motions relating to a resolution proposed by the City of Melbourne noting a number of good governance actions.

Possible options for consideration

Council sees great value in meeting with individuals, groups and listening to concerns, discussing issues and opportunities and developing outcomes. It is not always possible to meet with all community members however the outcomes achieved when opportunities to discuss items with groups are in the vast majority extremely productive.

The BVSRRA have stated publicly that they find the quarterly budget review meetings very positive. The BVSRRA has also attended many community consultation and engagement sessions, usually represented by the President and the Secretary, and in the majority of cases has provided very favourable feedback about these sessions. They have also provided input into ways in which Council can present the organisations financial data in a clearer and more consistent and readable manner for the community.

On a number of occasions when the Mayor or a staff member has written to the BVSRRA on a matter, the Secretary has then emailed all Councillors to gain their comment about whether they were aware of the contents of the correspondence.

Since 2012 various representatives of the BVSRRA have also met with staff and/or the Mayor on matters such as rating methodologies, the central waste facility, the Merimbula Ocean Outfall, the Mobil site and communications and planning matters and on nearly all occasions have indicated that the meetings provided greater insight into the topic.

It is considered that to proactively move forward to deal with this volume of correspondence and to achieve productive outcomes Council adhere to its letter and process supported by the NSW Ombudsman.

Dealing with the future

The options previously recommended in 2013 and then in 2014 for regular meetings with representatives of the BVSRRA management committee following a meeting of the BVSRRA membership would seem to have merit. The meetings would be able to address items provided on notice listed on an agenda with an opportunity to raise other issues which could be responded to or be followed up. The meeting could be minuted and any additional information provided within two weeks of the meeting and the minutes placed in the BVSRRA and Council websites.

The minutes of the meeting and the topics covered could then be formally reported to Council for noting and then publicly available.

This model provides an opportunity to respond fully to any follow on questions that may arise during discussion on a particular matter rather than having to respond to a second letter on a matter resulting from information provided in an initial response. Having key staff available would allow for immediate response in most instances. The opportunity for the BVSRRA to provide input and for Council and staff to hear new views, alternative ideas would add to the quality of solutions and projects.

Issues

Policy

Council is currently reviewing its Customer Service Charter and Procedure, and its Compliments and Complaints Procedure.

Attachments

1. BVSRRA letter from the Mayor regarding process for responding to questions from the BVSRRA

2. BVSRRA response to mayors letter of 2 Dec 2015

3 . CONFIDENTIAL MEMO to Councillors re BVSRRA correspondence (Councillor Only) (Confidential)

Recommendation

1. That Council note the report on the correspondence received from the BVSRRA/Mr Richardson.

2. That Council resolve on the way forward in addressing the future and developing a working relationship with the BVSRRA.

Council	20 May 2015
*Item 12.2 - Attachment 1*	BVSRRA letter from the Mayor regarding process for responding to questions from the BVSRRA

2 December 2014

Mr J Richardson

Secretary

Bega Valley Shire Residents and Ratepayers Association

70 Bournda Park Way

WALLAGOOT NSW 2550

Dear Mr Richardson

Bega Valley Shire Residents and Ratepayers Association (BVSRRA) – proposed process for Bega Valley Shire Council (BVSC) responses

Since being elected Mayor, I have become acutely aware of the large volume of correspondence from the BVSRRA, and the time that is taken by staff to respond to the wide range of issues raised by the BVSRRA.

While Council is happy to respond to queries and provide information to groups and individuals at any time, the staff and Councillor time and resources taken in responding to the correspondence from your organisation is becoming a burden and preventing staff from dealing with day to day operational matters.

I have discussed my concerns with the General Manager and am suggesting the following process be adopted which I believe will benefit both your group and the Council.

· I will meet with representatives of your group regularly, on a basis that equates with the week following your meetings, at which items of concern are tabled and voted upon by your members.

· I would suggest that “Questions for Council” could be a regular agenda item for your association and this would provide an opportunity for your members to raise with your executive items that they wish asked by the BVSRRA on their behalf.

· Questions from your group should be provided to me in writing two to three days prior to the meeting between myself and the BVSRRA and should include a copy of your Association’s meeting minutes showing that the questions being raised have been discussed with or raised by your members, along with the reason why your group requires this information. This information should be provided to me by emailing council@begavalley.nsw.gov.au OR by hard copy letter via post to PO Box 492, Bega 2550.

· I will ask appropriate staff to attend those meetings, if I believe their input is required to respond to your questions.

· If the question can be answered at the meeting we will provide a verbal response and you are welcome to take notes at the meeting.

· More complex questions will be responded to within a reasonable time frame, or may require the submission of a Government Information (Public Access) Act 2009 (GIPA ACT) request. As is Council’s policy, consideration will be given to the nature of the question, the reason for the request, who the applicant represents, appropriate lodgement fees, GIPA and Privacy Act legislation.

· Whilst Council will afford you all the normal courtesies, you should realise that the answers to some of the issue you raise are self-evident and do not require a written response.

Council provides a wide range of methods of providing information to the community, including reports to Council and minutes of our Council and committee meetings, other information on our website, village newsletters, social media, advertising via the local media, our community link pages in the local print media. I believe much of the information your organisation seeks is available in these mediums and that written confirmation from Council on a number of matters is not required.

I would also ask that the BVSRRA seek Council’s input at these sessions prior to launching facebook or media releases that appear to be a constant attack on Council and can on occasions be a misrepresentation of the issues that actually involve Council, and can therefore mislead the public.

Council would like to work pro-actively with the BVSRRA and is keen to implement a process that will provide your members with the information they require without creating an administrative burden on Council staff or Councillors.

Can you please advise me of the meeting schedule for the Bega Valley Shire Residents and Ratepayers Association for the next 6 to 12 months. On receipt of that information I will ask my assistants to arrange a regular meeting time with you so that the new process of communication can commence.

Yours sincerely

Cr Michael Britten
Mayor

Leanne Barnes
General Manager

cc Mr Peter Rogers President BVSRRA
1-62 Parker Street, BEGA NSW 2550

Council	20 May 2015
*Item 12.2 - Attachment 2*	BVSRRA response to mayors letter of 2 Dec 2015

From:              John Richardson [mailto:jronline@bigpond.net.au]
Sent:                Friday, 12 December 2014 9:16 AM
To:                   Britten, Michael
Cc:                   Mawhinney, Ann; Taylor, Bill; Hughes, Keith; McBain, Kristy; Seckold, Liz; Fitzpatrick,

Russell; Tapscott, Sharon; Allen, Tony; Records Mailbox; Bega Valley Shire Residents & Ratepayers Association (BVSRRA)

Subject: Re: Your Letter - December 2nd, 2014

Cr Michael Britten,

Bega Valley Shire Council,

PO Box 492,

BEGA. NSW. 2550. December 12^th, 2014.

By Email: mbritten@begavalley.nsw.gov.au

Dear Cr Britten,

The Bega Valley Shire Residents & Ratepayers Association (BVSRRA) thanks you for your letter of December 2^nd, 2014 & your expressed interest in ensuring that Bega Valley Shire Council (BVSC) responds adequately to the needs of the BVSRRA & other community groups.

Before addressing the suggestion outlined in your letter, the BVSRRA wishes to respond to a number of inaccuracies contained therein, namely:

· The BVSRRA does not accept that it is responsible for a ‘large volume’ of inquiries to Council. The fact is that its inquiries are a function of the specific actions/inactions of Council &/or its failure to provide adequate/accurate information to residents/ratepayers concerning its actions/inactions from time-to-time.

Should Council be of the view that the BVSRRA’s inquiries are onerous, we would suggest that it would be in the best interests of Council, as well as residents/ratepayers, if Council took the time to identify & respond to the root cause of the problem/issue, rather than simply complaining about our interest.

Moreover, if the responses of Council staff to our inquiries were more fulsome & helpful at the outset, perhaps follow-up correspondence would not be necessary.

Finally, we note that you offer no substantiation in support of your assertion & believe this is evidence enough of its substance.

· The BVSRRA does not accept that it is responsible for the consumption of a large amount of the elected Councillors’ time & attention in responding to its inquiries.

The BVSRRA understands that the elected Council is not responsible for day-to-day operational matters & that any inquiries relating to such matters should be addressed to the General Manager, which is its practice. On occasions where the BVSRRA does copy Councillors on its correspondence, it is usually for their information & certainly not in the expectation that Councillors will feel obliged to respond.

· The BVSRRA does not accept that its inquiries are a ‘burden’ on Council.

Given the resources at Council’s disposal, the BVSRRA finds the suggestion that inquiries generated by a not-for-profit community organisation, coordinated by a small group of volunteers, can somehow represent a ‘burden’ on Council is simply ludicrous & lacks credibility.

The BVSRRA is open to the possibility that some in Council management may dislike or even resent the interest the BVSRRA shows in their activities however, given Council’s publicly stated policy of supporting openness & transparency, the BVSRRA believes that it is a matter for Council to correct any such attitudes abroad in Council’s management team.

· Whilst the BVSRRA accepts that BVSC allocates significant resources to getting its message out to residents/ratepayers, it is also of the view that Council’s messages are not always adequate or complete enough.

The BVSRRA also acknowledges the efforts & commitment of some in Council to improve the quality & substance of Council’s communications, including information on Council’s performance however, it also appears to the BVSRRA that this commitment is not universally shared across Council’s management team.

At the same time, the BVSRRA believes that Council is too preoccupied with conveying its’ preferred ‘message’ to residents/ratepayers & does not devote sufficient effort to listening to those same residents/ratepayers.

· Whilst the BVSRRA accepts that, on rare occasion, it has made public statements containing inaccurate information, to the best of its knowledge, when this has occurred, it has immediately sought to retract or correct such statements.

If its public statements are critical of Council at times, the BVSRRA believes it is simply because such criticism is warranted. The BVSRRA understands that Council would prefer that such criticism did not arise however, as mentioned above, if Council dealt with the source of the problem more effectively, there would be less reason for criticism.

The BVSRRA believes that BVSC should be grateful for any feedback it receives from the community.

As to your comments regarding the use of Facebook or other social media, the BVSRRA does not currently utilise this technology to communicate with its members or the broader community. If comments are being made in this media & are being attributed to the BVSRRA, they are not being made with our knowledge or approval & any views expressed by those making them are entirely their own & should not be relied-upon as an indication of the BVSRRA’s position on any issue.

For your information, the President, Vice-President & Secretary of the BVSRRA are the only persons expressly authorised to make public comments on behalf of the BVSRRA, whilst any written statements are issued by the undersigned, with the prior approval of a majority of members of our executive.

In response to your main suggestion as to how you believe our two organisations should better work together, the BVSRRA offers the following observations:

· The BVSRRA is an independent not-for-profit organisation & not a sub-committee of Council. As such, its management is a matter for its members & elected office-bearers & it is not answerable to or open to control or direction from BVSC or anyone-else.

The BVSRRA believes that it is entirely inappropriate, if not offensive, for BVSC to attempt to interfere in the management of the BVSRRA & to propose restrictive & unreasonable conditions on its efforts to foster genuine transparency & openness on the part of Council & to obtain information from Council which it believes Council has a fundamental responsibility to make available to all residents/ratepayers.

· Having said that, the BVSRRA would welcome any opportunity to engage in a dialogue with you in your capacity as an elected Councillor, fulfilling your responsibilities as an advocate for the community.

However, the BVSRRA believes that the overwhelming majority of issues of concern to it relate to day-to-day operational matters which, we understand, are the province of the General Manager.

· With the above in-mind, the BVSRRA is of the view that the best way to fashion a constructive dialogue is for the parties to have an open & constructive discussion as to how that might be best achieved. A good example of such an approach was the quarterly budget review meetings between BVSC & the BVSRRA, which were put in-place for a time by your predecessor. In the view of the BVSRRA, these meetings lead to an improvement in the dialogue between our organisations & we were disappointed when BVSC decided to discontinue them.

Needless to say, if the General Manger is interested in establishing a more efficient & effective set of arrangements to benefit both parties in the constructive management of the BVSRRA’s inquiries, we would be happy to work with her to achieve such an outcome.

Thank you for taking the initiative on this matter & we await your further response.

Sincerely,

John Richardson

Secretary

Bega Valley Shire Residents & Ratepayers Association

Tel: 0264945669

Email: jronline@bigpond.net.au

Website: http://www.begavalleyshireratepayers.asn.au

CC: Ms Leanne Barnes, General Manager

BVSC Councillors

BVSRRA Members

_____________________________________________________________________
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Council 20 May 2015

Item 12.3

12.3. NSW local government operational and management effectiveness report FY14

Council has received the second Price Waterhouse Coopers (PwC) and Local Government Professionals, NSW - Local Government Operational and Management Effectiveness Insights Survey Report for Councils in NSW – Bega report.

General Manager

Background

Council has participated, over the past year, in the NSW local government operational and management effectiveness program conducted by Price Waterhouse Coopers (PwC) Analytics Department and hosted by Local Government Professionals Australia, NSW. Seventy two (72) Councils participated in the first round of the program aimed at benchmarking NSW councils against NSW and Australian local government bodies and business. Seventy eight (78) councils have participated in the second round and 79 councils are now signed up for the program.

The first benchmarking report was conducted using the 2012-13 financial year. This report provided the benchmark data for councils. The first Bega Valley Shire Council (BVSC) customised report was provided to Council when received in late 2014. Council has now received the second report utilising 2013-14 data and the report is presented to Council for information.

The report has been used by staff to outline key areas to chart performance in the following key areas:

· Workforce

· Finance

· Operations

· Risk Management; and

· Corporate Leadership.

It is important to note this is not an in-depth customised analysis or review of each participating Council’s business operations. The report and the information contained within it provides Council the opportunity to reflect on our survey results and to identify key areas where further more detailed analysis maybe required and to view the results in relation to the total sample. The benefits from participating in this program allow Council to:

· Evaluate our practices to understand current operational and management performance.

· Identify areas for focus when striving to optimise operational excellence.

· Understand how other local government and government sectors, Australian businesses – and in some cases international businesses and Australian Federal agencies – perform in the areas of workforce, operations and finance using results from similar surveys conducted by PwC in Australia and globally.

The report is also outlined as a key service improvement tool in developing effective and efficient operations and services.

Case studies outlined in this and the initial report also provide good information of best practice models found through the research.

The following map identifies the participating regional NSW Councils.

Issues

Strategic

This benchmarking program has provided access for BVSC to a program we could not afford to undertake alone. The data and the reporting now provide information to inform development of Council’s forward plans and to set targets for areas of improvement.

Council is also participating in the Council regional analysis and comparative online tool project. This project allows councils to utilise the data set along with additional LGA demographic, council specific profile data and economic data utilising PwC’s geospatial econometric model.

This new online tool will provide the following for Council into the future:

· The ability to review data on key predefined metrics for councils in whatever joint organisation or regional organisation the council is a member of. This will allow a significantly enhanced regional picture, particularly in planning and assessment comparisons.

· The ability for all councils to find and compare themselves on a set of predefined metrics with other councils who look more “like them” (anonymously) through additional filters. This will include aspects such as size and type, range of services offered, rate payer mix, FTE, and revenue profile.

Financial

The program was offered at a reduced fee for member Councils of Regional Organisations of Councils where all members participate. There were also reduced rates for Councils that paid for the three year program in one payment. BVSC paid for its involvement in 2013/14. There is no budget impact in 2014/15.

Resources (including staff)

The provision of information for the survey requires input and information from across the Council. Staff input is coordinated and driven through the Organisation Development and Governance Unit.

Operational Plan

The report will form a key input to determining organisational targets moving forward which will be reflected in the next iteration of Council’s integrated planning and reporting documents.

Conclusion

The NSW local government operational and management effectiveness program provides an excellent opportunity for the Council, staff and community to review Council’s performance in the range of areas. This allows Council to utilise the data to focus on undertaking further detailed work in areas highlighted.

Attachments

1. NSW LG Survey FY14 for Bega Valley Shire Council

Recommendation

1. That Council note the NSW local government operational and management effectiveness report FY14.

2. That the report be placed on Council’s website.

Council	20 May 2015
*Item 12.3 - Attachment 1*	NSW LG Survey FY14 for Bega Valley Shire Council

Council 20 May 2015

Item 12.4

12.4. Fit for the Future Council improvement proposal

Bega Valley Shire Council (BVSC) has been identified as a stand-alone council under the local government Fit for the Future program and must submit a Council Improvement Proposal (CIP) by 30 June 2015. General Manager

Background

The NSW Government has been working with councils since 2011 to have discussions and gather data and input focusing on reviewing local government and addressing planning for a sustainable future.

Over that period there was the Independent Local Government Review Panel (ILGRP), established to review the structure, form and performance of local government in NSW and the Local Government Acts Taskforce, established to review relevant legislation. BVSC made submissions to both the Panel and Taskforce with the submissions previously reported to Council. The State Government released their response to the findings of this three-year independent review of local government in September 2014. Their response, branded Fit for the Future, (FftF) incorporates: a package of funding; expert assistance; facilitators and technical support; and a range of documents and templates for councils.

Since the release of the response, the government has run a series of workshops and received feedback. There are a number of considerations and discussions currently underway. These include merger discussions, development of shared service models, discussions relating to rural council models, and five pilot joint organisations of councils in regional NSW.

Councils will need to demonstrate how they currently meet, or are working towards meeting, a number of benchmarks established by the State Government. These benchmarks have been based on the work of TCorp and the ILRGP and have been reviewed by IPART. BVSC has previously been assessed by TCorp as being rated as financially sustainable and performing in the top 10% of NSW councils.

There are four key criteria that form the framework under which the FftF model is being developed. These are:

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

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

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

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

Once a council has determined they have suitable scale and capacity, the following seven key benchmarks have been established for councils to demonstrate how they are achieving the key criteria or working towards achieving them into the future. A council does not need to meet all benchmarks now to be determined FftF but they must develop an CIP to show how they will work towards meeting them.

The seven benchmarks are:

1. SUSTAINABILITY Operating performance ratio – greater than or equal to break-even average over three years

2. SUSTAINABILITY Own source revenue ration – greater than 60% average over three years

3. SUSTAINABILITY Building and infrastructure asset renewal ratio – greater than 100% average over three years

4. INFRASTRUCTURE AND SERVICE MANAGEMENT Infrastructure backlog ratio less than 2%

5. INFRASTRUCTURE AND SERVICE MANAGEMENT Asset maintenance ratio – greater than 100% over three years

6. INFRASTRUCTURE AND SERVICE MANAGEMENT Debt service ratio – greater than 0% and less than or equal to 20% average over three years; and

7. EFFICIENCY Real operating expenditure per capita – a decrease in real operating expenditure per capita over time.

STEP 1 – Assessing scale and capacity

Each council has been asked to look at its current situation and consider the future needs of its community and the recommendations of the ILGRP. These could include mergers, sharing services, becoming a rural council or a mixture of these. The starting point for all FftF proposals is therefore the Independent Panel’s final report.

For Bega Valley Shire Council the recommendation from the ILGRP is No Change however a number of options have been discussed including realigning boundaries, developing alternative service delivery models in co-operation with neighbouring councils, as previously reported to Council in December 2014.

Council had commenced a substantive review of its Resourcing Strategy incorporating the key aspects of assets, workforce and financials. In doing this review, Council also undertook a comprehensive service review utilising work done by Port Macquarie Council and also participated in the NSW local government operational and management effectiveness program conducted by Price Waterhouse Coopers (PwC) Analytics Department and hosted by NSW Local Government Professionals.

The NSW Government provided a self-assessment tool to help guide councils in assessing their current status. The assessment tool aims to assist councils to get a clear picture of how they are performing in the areas of financial management, service delivery and scale of operations.

STEP 2 – assessing performance against benchmarks and planning for the future

BVSC has now completed a detailed review of its Resourcing Strategy. The draft Resourcing Strategy was separately reported at the last Council meeting. This has involved a detailed review of Council’s:

· Financial Strategy

· Asset Management Strategy; and

· Workforce Strategy.

As part of the process, Council’s suite of Asset Management Plans (AMPs) have also been fully updated utilising new asset management software and data. This has enabled a full assessment of progress under the adopted long term financial plan and highlighted areas of positive movement and some minor gaps. The AMPs have also been placed on public exhibition.

Council has also completed a full service review utilising templates applied in other councils and best practice methodology, and participated in a number of audit, benchmarking and comparison processes. Council also engaged consultants to undertake external reviews in a number of priority areas.

This process has included a full internal review across all areas utilising a framework developed and implemented by Port Stephens Council. Staff worked with Councillors to develop a template which was workshopped with staff along with independent staff facilitation. The reviews considered:

· A review of the current position of each service reflecting back to Council’s adopted level of service – source of funding, expenditure, current level of service, current staffing, and why the service is delivered

· Resources required to deliver the service

· Assessment of statutory reporting

· Emerging trends relating to the service area

· Efficiency opportunities internal, funding procedures; impacts on service, budget, staffing resources

· Alternative service delivery options

· Options for considered service – continue at same level of service; change level of service; outsource options; cease activity

· Implications of service recommendation options – financial, service, staffing, assets.

Work on this process was completed in March 2015 and an initial assessment has been undertaken of key service improvement areas which are being included in the draft Operational Plan for action in 2015-16. The full data set will be used to inform management options for future service profiles and options under FftF over the coming 12 months.

It was also identified there were several service areas requiring independent, external review. Staff assessed the cost of some of the consultant organisations listed on the Office of Local Government (OLG) panel to assist councils determine their FftF status against the adopted benchmarks. As Council had no identified budget for this activity only a number of core service areas were externally reviewed where budget capacity allowed. These included the library and procurement areas of Council with a review of economic development and business growth activities commenced.

Also in the period, Council participated in the NSW Local Government Operational and Management Effectiveness program conducted by PwC. This provided key benchmarking data against corporate and governance areas, identifying areas of compliance and some areas for improvement. The second report in this project was received in April and a separate report on the outcomes for YR14 is contained in this Business Paper. Progress will be charted against the first assessment report to add to the improvement strategies being developed in core governance areas of:

· Workforce

· Finance

· Operations

· Risk management and

· Corporate leadership.

Council also accelerated its Internal Audit Action Plan and is linking the findings from the audit process into the development of its Council Improvement Plan and Operational Plan (CIP).

All these aspects have contributed to Council being in a position to finalise a CIP and commence preparing its timeframe for a full Community Strategic Plan review.

The above processes also provide input to future discussions with other local government bodies about shared service opportunities and reviewed models of service profiles.

STEP 3 – Prepare a council improvement proposal (CIP)

Council’s draft CIP has been prepared with data gathered during Step 2 and on the premise that Council has the scale and capacity to continue as a standalone council as determined by the ILGRP.

The draft CIP outlines:

· Confirmation of Council’s scale and capacity assessment as being NO CHANGE

· Outlines a short profile of the LGA and the key challenges and opportunities

· Performance against FftF benchmarks

· Water utility performance

· Key strategies to meet all benchmarks over the coming period which for BVSC will see all benchmarks achieved in 2015-16

· The CIP action plan and how this plan will improve performance and

· How the plan will be put into action.

Step 4 – Assessment of Council Fit for the Future proposals (CIP)

On 27 April the Minister for Local Government, The Hon Paul Toole, MP, announced the Fit for the Future Expert Advisory Panel that will assess all council’s CIPs. The Minister accepted a proposal from the Independent Pricing and Regulatory Tribunal (IPART) to conduct the assessment process, operating as the Expert Panel. The Minister also announced the appointment of South Australian local government expert, John Comrie as an additional Tribunal member. On 28 April IPART released a consultation paper outlining the proposed methodology for Assessment of Council Fit for the Future Proposals. The consultation paper was placed on public exhibition by IPART for 28 days.

Council staff has assessed the document and believe the document adequately outlines the approach that will be used and that it does not vary from the approach outlined by the OLG.

Strategic

The draft CIP report has been prepared in concert with the Resourcing Strategy and long term financial plan review linking the CIP as a major plank in the Council’s IPR framework. As the actual CIP will be lodged in an online form there are aspects of the draft CIP report that will not be uploaded, however the full report will be attached as a link to the form.

Consultation

The community information/drop in sessions have been held in May in Eden, Merimbula, Bega and Bermagui focussing on the draft integrated planning and reporting documents and presentations and handouts were also available on the Fit for the Future Community Improvement Proposal and showing the links between the CIP and the review of the Resourcing Strategy and AMPs. The draft CIP will be available for comment and submissions will be received until 5 June 2015.

Operational Plan

The CIP will be a key input to the development of all Council’s integrated planning and reporting processes and there will be a direct link into the draft Operational Plan website for 2015-16.

Conclusion

In the recent review of local government in NSW and TCorp financial reports, BVSC has been clearly identified as financially sustainable and as a standalone council into the future. Under the FFtF framework, Council has developed a draft CIP report so the community can see what will be lodged online to identify how Bega Valley Shire will move to ensure it is working to achieve sustainability, effective infrastructure and service management, efficiency and has sufficient scale and capacity. The draft CIP report will be on public exhibition until 5 June prior to final consideration by Council at its meeting on 10 June, 2015.

Attachments

Nil

Recommendation

That the draft Council Improvement Proposal (CIP) report be placed on public exhibition until 5 June 2015.

Council 20 May 2015

Item 13.1

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

To report the details of Council’s investments during the month of April 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 $51,000,000.
These funds can be broken into the following Funds:

Table 1: Investments by Fund

Funding source	February 2015	March 2015	April 2015
General Fund	$22,004,000	$25,004,000	$19,004,000
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 $2,101,417 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	$1,313	$21,105
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. Certificate of Investment April 2015

Recommendation

1. That Council receive and note the attached report indicating Council’s Investment position.

2. That Council note the Certificate of the Responsible Accounting Officer.

Council 20 May 2015

Item 13.2

13.2. Quarterly Review Budget Statement (QBRS) at March 2015

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

Group Manager Strategy and Business Services

Background

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

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

Click here to view the Quarterly Budget Review Statement for March 2015

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

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

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

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

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

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

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

Issues

Legal

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

Budget review statements and revision of estimates

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

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

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

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

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

Financial

The QBRS reports the detailed variances for the March 2015 quarter. There are 2 significant variations that need to be brought to Council’s attention.

1. The projected income from Section 64 contributions have not eventuated. Section 64 contributions affect Councils Water and Sewer funds only. This result reflects the reduced growth in Development within the Shire. As a result Council has moved to reduce the income estimated from Section 64 Contributions by $2.124m for the 2015 year. This reduction in income has been offset by a reduction in the upgrade and renewal programs of Council of an equivalent value.

2. The QBRS shows a year to date drawdown of the Employee Leave Entitlements (ELE) reserve of $870,000. This is the result of a large amount of leave entitlement liability being expended through the taking of leave and the resignation of a number of staff. To put this value in context:

· Council had 43 staff take a combined 526 days of Long Service Leave in this period, which equates to approx. $140,000 in ELE value.

· Council had 310 staff take a combined 2,306 days of Annual Leave in this period, which equates to approx. $580,000 in ELE value.

· Council had 17 staff resign during this period with a combined leave entitlements value of $150,000.

Council’s process is that long service leave and annual leave are funded in full from the ELE reserve until June 30, at which time reconciliation is undertaken of unused employment expenditure, either through unfilled vacancies or non-backfilling of leave. At this time the reserve is replenished by the unused portion of the drawn down funds. It is anticipated that Council will not require the full $870,000 from reserve, although there is another quarter of operations prior to the end of financial year which will need to be factored in to the final calculation before a firm commitment can be made.

A more detailed analysis is located within the QBRS attachment.

As at the end of March 2015, Council held $58M in cash and investments – the bulk of which remain restricted for use on planned infrastructure or projects preconditioned by loans, grants or development contributions.

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

Conclusion

Council’s March 2015 QBRS has been presented to Council. Council’s financial performance is healthy and within the operating budget set by Council in June 2014.

Attachments

Nil

Recommendation

1. That Council note and endorse the March 2015 Quarterly Budget Review Statement (QBRS).

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

3. That Council place the QBRS for March 2015 on its website for public information.

Applicant	BD Design
Owner	BS McBain & KL McBain
Site	Lot 10 DP 1008234 – 3 Kookaburra Court, Tura Beach
Zone	R2 Low Density Residential Zone
Site area	1,940
Proposed development	Erection of a Detached Garage

Council	20 May 2015
*Item 8.3 - Attachment 1*	Attachment 1 - Revised Draft Landscaping Guidelines

Council	20 May 2015
*Item 8.4 - Attachment 1*	Draft Consent

Council	20 May 2015
*Item 10.1 - Attachment 1*	Council Report 3 December 2014

Council	20 May 2015
*Item 10.2 - Attachment 1*	Factsheet: About the CMCA

Council	20 May 2015
*Item 10.2 - Attachment 2*	Factsheet: RV Friendly Town Program

Council	20 May 2015
*Item 10.2 - Attachment 3*	Letter regarding outcome of Local Traffic Committe Meeting 04/02/2015

Council	20 May 2015
*Item 11.1 - Attachment 1*	Unregistered Plan of Subdivision of Lot 3 in DP 1162321 for North Bega Reservoir

Council	20 May 2015
*Item 11.1 - Attachment 3*	Deed of agreement between BVSC and Marie Lorraine Swinbourne for North Bega Reservoir

Council	20 May 2015
*Item 13.1 - Attachment 1*	Certificate of Investment April 2015

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Confirmation Of Minutes

2 Apologies and requests for leave of absence

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

Recommendation

8 Staff Reports – Planning and Environment (Sustainability)

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

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

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

12 Staff Reports – Governance and Strategy (Leading Organisation)

13 Staff Reports – Finance (Leading Organisation)

14 Adoption of Reports from Standing Committees

Recommendation

15 Delegates Reports

16 Rescission/alteration Motions

17 Notices of Motion

18 Urgent Business

19 Questions On Notice

20 Questions for the Next Meeting

21 Items of Interest Relating to Council Business

22 Confidential Business

23 Adoption of reports from Closed Session

24 Resolutions to declassify reports considered in closed session

Council

20 May 2015

Staff Reports –Planning And Environment (Sustainability)

20 May 2015

8.2. Coastal Planning and Management Committee

Background

Issues

Legal

Environmental

Asset

Financial

Operational Plan

Conclusion

Attachments

Recommendation

Precis

Background

Description of the proposal

Description of the site

Planning assessment

Conclusion

Attachments

Recommendation

Staff Reports – Community, Culture and Leisure (Liveability)

20 May 2015

Council

20 May 2015

Staff Reports – Economic Develoment and Business Growth (Enterprising)

20 May 2015

10.2. Recreational Vehicle Friendly Town (RVFT) Application - Bega and Cobargo

Background

Essential Criteria

Desirable Criteria

Conclusion

Attachments

Recommendation

Council

20 May 2015

Staff Reports – Infrastructure Waste And Water(Accessibility)

20 May 2015

Council

20 May 2015

Staff Reports – Governance And Strategy (Leading Organisation)