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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Commemorative Civic Centre on Wednesday, 16 March 2016 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
8 March 2016
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· 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?
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.
· 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.
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.
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.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
TO: The
General Manager
Bega Valley Shire Council
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
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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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.
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Council |
16 March 2016 |
Recommendation
That the Minutes of the Ordinary Meeting held on 24 February 2016 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
4.1 Mr George Morrow – Planning and Environment Report 8.1 Attached Dual Occupancy, 29 Hergenhans Lane, Angledale
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
8.1 Attached Dual Occupancy, 29 Hergenhans Lane, Angledale.................................................... 9
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
9.1 Council Operated Children's Services Review.......................................................................... 28
9.2 Acquisitive Prize from Sculpture on the Edge......................................................................... 104
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Cancellation of Tender - RFT 52/15 Goods and service for the provision of Pavement Stabilisation Services 110
11.2 Acquisition of land at Candelo Showgroud for Candelo Sewage Treatment Plant............ 112
11.3 Bega Valley Local Traffic Committee - 2 March 2016............................................................ 124
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Community Strategic Plan - Half Year Review of 2015-16 Operational and Delivery Plan 128
12.2 Applications
for Financial Assistance: Section 356
Third Quarter 2015/2016........................................................................................................... 192
12.3 RFT 91/15 Provision of a Microwave Communication Network Maintenance Contract 197 .
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 203.
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.
17.1 Bega to Tathra Safe Ride Project............................................................................................... 208
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public......................... 209
22.1 Bega Valley Sewerage Program Contract
This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
Council |
16 March 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
8.1 Attached Dual Occupancy, 29 Hergenhans Lane, Angledale................................ 9
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Council 16 March 2016 |
Item 8.1 |
8.1. DA No. 2015.472: Attached Dual Occupancy, 29 Hergenhans Lane, Angledale
Group Manager Planning and Environment
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Applicant |
J Welsford and N Griffin |
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Owner |
N Griffin |
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Site |
Lot 1 DP 510552 29 Hergenhans Lane, Angledale |
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Zone |
RU1 Primary Production |
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Site area |
2.417Ha |
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Proposed development |
Attached Dual Occupancy |
In accordance with the resolution at the Council meeting of 3 February 2016, attached to this report is further advice from Council’s Heritage Advisor.
The application is recommended for approval.
A staff report for the proposed development was submitted to Council for consideration at its meeting of 3 February 2016 with the following recommendation:
1. That Development Application No. 2015.472 for the construction of a dual occupancy (attached) at Lot 1 DP 510552, 29 Hergenhans Lane, Angledale be approved subject to conditions as provided in the Draft Consent attached to this report.
2. That those parties who made a submission be advised of Council’s decision.
Council resolved as follows:
1. The matter be deferred to allow the Heritage Advisor to be consulted regarding matters raised by Mr Morrow.
The proposal is for an attached dual occupancy with a total gross floor area of 635.8m2 (Dwelling 1 - 373.4m2 and Dwelling 2 - 262.4m2) with a maximum height of 4.5m.
The proposed dwellings would share a common driveway leading to a turning circle that would provide separate entrances to each dwelling. The building would be constructed of a combination of timber and brick.
As part of the application the applicant requested a variation to the front setback requirement of 20m to 15m from the front (northern) boundary, however after discussions with staff during the assessment of the application the setback has been increased to 20m.
The site is a 2.4 hectare vacant block of land on Hergenhans Lane, Angledale. The subject land consists of predominately grazing land and slopes considerably to the south west on the southern side of the proposed building site. The site contains an area of riparian land towards the western part of the lot.
The subject land envelopes Lot 1 DP 333120 to the south which contains the heritage listed ‘Rockleigh’ homestead and gardens which is listed as an item of local significance under Schedule 5 of Bega Valley Local Environmental Plan 2013 (BVLEP2013).
The further advice received from the Heritage Advisor is included as Attachment 1 to this report. In summary the Heritage Advisor states:
“The proposal is a large building and although single storey, its prominent facade will be very noticeable from Hergenhans Lane and Angledale Road. The existing line of macrocarpa trees on the boundary provides visual separation that serves to mitigate the impact of the proposed building on the heritage item when seen from much of Hergenhans Lane. However there is not much in the way of under-storey and the trees cannot be relied upon over the longer term to provide effective separation. Similarly the proposed additional boundary planting on the applicant’s property cannot be relied upon to provide ongoing visual separation.
From Angledale Road the proposed building will be clearly visible and not easily masked and it is likely that it will dominate views to the listed item. The ‘clustering’ of the buildings that would result if this development proceeds in its current form is not consistent with traditional settlement patterns in this part of the shire and consequently weakens the area’s cultural landscape quality.
The scale and proximity of the proposed dual-occupancy is likely to have an adverse impact on Rockleigh’s historic setting, on the local cultural landscape and on long standing views from Angledale Road.”
The Heritage Advisor’s comments are one consideration in the assessment of the application under Section 79C of the Environmental Planning & Assessment Act 1979.
Section 79C states:
(1) Matters for consideration—general
In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:
(a) the provisions of:
(i) any environmental planning instrument, and
(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and
(iii) any development control plan, and
(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and
(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and
(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),
that apply to the land to which the development application relates,
(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,
(c) the suitability of the site for the development,
(d) any submissions made in accordance with this Act or the regulations,
(e) the public interest.
A full assessment of the proposal has been carried out under Section 79C with the conclusion that the proposed development is appropriate for the land.
To assist Council in the determination of this matter, the following additional staff comments are provided:
· The area is not identified as a cultural landscape under BVLEP 2013 or DCP 2013.
· It is considered that the proposed development would not have an adverse impact on the heritage values of the adjoining property as viewed from Hergenhans Lane.
· The subject land and adjoining property would be visible when travelling from the north to south along Angledale Road. Additional screen planting has been recommended and it is considered that any impact would not be significant enough to justify modification to, or refusal of, the application. It should be noted that the view to the land is from within a 100km/h speed zone.
· Although Clause 5.2.3.1 of DCP 2013 says that setbacks will generally be equal to or greater than that of an adjoining heritage item, it is considered that the 4m difference is only minor and would not be readily discernible from any public place.
· The setbacks proposed are consistent with the residential setback provisions in a rural zone under Clause 4.3.1.2 of DCP 2013 and are considered appropriate in the circumstances.
Following the address to Council by Mr Morrow the question of permissibility of detached dual occupancy was raised. To clarify previous advice, detached dual occupancy development is now permitted in the zone with consent. The applicant is aware of the opportunity for detached dual occupancy and has requested the application be determined as submitted having regard to the topography of the site.
In accordance with the Council resolution of 3 February, further advice has been received from the Heritage Advisor and is included as attachment 1 to this report.
Notwithstanding this advice, staff remain firmly of the opinion that in overall consideration of all matters under Section 79C of the Environmental Planning and Assessment Act 1979, the proposed development is appropriate.
Accordingly the application is recommended for approval in accordance with the draft conditions attached to this report.
1. Supplementary Advice from Heritage Advisor
2. DRAFT Consent Conditions
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.
9.1 Council Operated Children's Services Review.................................................... 28
9.2 Acquisitive Prize from Sculpture on the Edge................................................... 104
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Council 16 March 2016 |
Item 9.1 |
Bega Valley Shire Council’s Children’s Services recently underwent an external review investigating strengths, gaps and opportunities relating to service operations in the Section. The Review Key Findings Report is presented to Council for noting.
Group Manager Community, Relations and Leisure
Bega Valley Shire Council (Council) is the Approved Provider of four early education and care services that form the Children’s Services section:
· Bandara Children’s Services, a 59 place facility providing federally supported long day care and out of school hours programs for children from birth to 12 years, state supported preschool programs for children three to five years, and state supported occasional care for children from birth to six years. Bandara Children’s Services also runs a 20 place vacation care program, held at the Bega Valley Public School;
· Eden Preschool, offering State supported preschool programs for children aged three to five years, approved for 39 places but currently operating as a 20 place service;
· Eden Child Care Centre, a 39 place facility providing federally supported long day care programs for children from birth to five years; and,
· Sapphire Mobile Preschool, providing State supported preschool programs for children aged three to five years in the outlying villages of Candelo and Bemboka (both locations funded for 18 children each).
In line with the priorities outlined in Council’s Operational Plan 2015-16, in 2015 Children’s Services commissioned an external review to examine strengths, gaps and opportunities in the section. This activity formed part of a broader strategic action outlined in Council’s Delivery Plan 2012-2017: L2.1.1 Implement transition plan to the National Early Years Learning Framework for Children’s Services workforce and service operations.
The review was undertaken by Sarah Reilly from Cred Community Planning in conjunction with Leora Coleman from the state peak body for Children’s Services, Community Child Care Cooperative NSW (CCCC).
The major findings of the Review were that:
· Council’s Children’s Services fill a clear gap in the market, offering services for families who may not be able to access services elsewhere due to geographic location, complex social circumstances or financial reasons;
· Council’s Children’s Services are well utilised, and there are high levels of parent satisfaction with the services provided;
· Staff desire further professional development relating to supporting vulnerable children and families;
· Administrative and financial processes within Children’s Services are complex and time consuming and require streamlining;
· A more strategic approach is required for asset and resource maintenance; and,
· There are opportunities for Children’s Services to strengthen external partnerships with local children’s services agencies, community support services, and tertiary institutions.
The Review Key Findings Report is attached.
Long day care, preschool, vacation care and out of school hours programs are approved to operate by the NSW Department of Education under the Children (Education and Care Services National Law) Act 2010 and are regulated by the Education and Care Services National Regulations 2012. The National Regulations specify the service frameworks, quality standards and qualifications required by service providers and agencies in order to legally operate these children’s services across Australia.
All of Council’s Children’s Services are bound by these National Regulations except for Sapphire Mobile Preschool, as mobile preschools are currently considered out of scope of the Education and Care Services National Regulations 2012.
Children’s education and care services, including those offered by Council, offer multiple economic benefits to communities, including:
· Providing a safe and beneficial environment for children to receive care whilst their parents or carers engage in employment elsewhere
· Providing reliable job opportunities to individuals qualified in children’s services
Council’s Children’s Services Review coincides with national discussions around impending Commonwealth Government funding reforms to the children’s early education and care sector in 2017, which may bring significant changes and risks to long day care services. These changes may affect the affordability, quality and availability of children’s services. Such changes could have particular impact on families and programs associated with Eden Child Care Centre and Bandara Children’s Services, which both operate long day care programs.
In response to the Review Key Findings Report, Children’s Services is in the process of developing an internal Action Plan that outlines improvements to be progressively implemented over the next five years. The Action Plan will form part of Council’s Delivery Plan 2017 - 2022.
Children’s Services assets are owned by Council or on Crown Reserves under Council’s care and control, and all are maintained by the Children’s Services section. The buildings are included in Council’s Building Asset Management Plan. Whilst assets are currently adequate for the needs of the section, there is a need to put in place long term plans for asset management, maintenance, and service growth.
Children’s education and care services play an important strategic role in nurturing the youngest members of the community, equipping them with skills that foster development and growth. In addition to these benefits from direct service delivery, the Review Key Findings Report highlighted the importance of Council’s Children’s Services in fostering positive public relations, community development, and capacity building.
The external reviewers consulted with a variety of stakeholders during the Children’s Services review including parents using services, Children’s Services staff, other Council employees, community members, other community services providers and agency partners.
Development of a draft Children’s Services Action Plan will involve consultation with all Children’s Services staff. Many of the scoping activities proposed in the Action Plan will require further consultation with Children’s Services staff, other Council departments, families and children, service providers, and the wider community.
Children’s Services has an operating budget of $2.4 million and is funded primarily through a mix of State and Commonwealth grant funding and subsidies, and user (parent) fees. Council supports the Children’s Services section through in-kind assistance in accounting, governance and human resources; information technology support; and asset management.
Children’s Services is staffed by approximately 30 core employees in roles including Nominated Supervisors, Educators, Administration and Ancillary staff. Casual employees are frequently engaged due to backfilling requirements in order to comply with staffing ratios under National Regulations.
Council’s Children’s Services are well utilised and well regarded, supporting many children and families who may not be able to access early education and care services elsewhere. The Children’s Services Review has highlighted strengths, gaps and opportunities that can be addressed in order to provide services in a more strategic and efficient manner. In response to the Reviews Key Findings Report, Children’s Services is in the process of developing an Action Plan outlining improvements to be implemented over the next five years. This Action Plan will form part of Council’s 2017-2021 Delivery Plan. These improvements will also assist Council to prepare for changes that may occur as a result of Commonwealth Government funding reforms to children’s education and care services in 2017.
1. Bega Valley Shire Council Children's Services Review Key Findings Report - January 2016
Recommendation1. That Council note the Children’s Services Review Key Findings Report. 2. That Council affirm its commitment to the provision of Children’s Services currently run by Council. |
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Council |
16 March 2016 |
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Item 9.1 - Attachment 1 |
Bega Valley Shire Council Children's Services Review Key Findings Report - January 2016 |
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Council |
16 March 2016 |
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Item 9.1 - Attachment 1 |
Bega Valley Shire Council Children's Services Review Key Findings Report - January 2016 |
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Council |
16 March 2016 |
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Item 9.1 - Attachment 1 |
Bega Valley Shire Council Children's Services Review Key Findings Report - January 2016 |
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Council |
16 March 2016 |
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Item 9.1 - Attachment 1 |
Bega Valley Shire Council Children's Services Review Key Findings Report - January 2016 |
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Council |
16 March 2016 |
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Item 9.1 - Attachment 1 |
Bega Valley Shire Council Children's Services Review Key Findings Report - January 2016 |
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Council 16 March 2016 |
Item 9.2 |
9.2. Acquisitive Prize from Sculpture on the Edge
Council's third acquisitive prize from Sculpture on the Edge has been selected. A location for the sculpture needs to be confirmed.
Group Manager Community, Relations and Leisure
Background
Sculpture on the Edge (SOTE) is held annually in Bermagui and is recognised as one of the more significant sculpture programs in the region, 2016 marks the 10th Anniversary for the event. SOTE includes an exhibition, over 10 days, of large sculptural pieces as well as an indoor exhibition of smaller sculptures in the Bermagui Community Centre and a public symposium.
At its meeting of 18 December 2013 Council resolved to fund an Acquisitive prize of $10,000 for each of the 2014, 2015 and 2016 Sculpture on the Edge programs. The 2014 Sculpture, Southern Exuberance is in place at Bermagui and the 2015 Sculpture, Tide Spiral is in place at Merimbula.
In line with Council’s Public Art procedure a selection panel was established consisting of Cr Michael Britten, Iain Dawson (Bega Valley Regional Gallery Curator), Simon Schweitzer (Manager Community, Culture and Information BVSC) and Andrew Gray (Executive Officer of South East Arts).
The sculpture chosen was Richard Moffat’s piece “The Giving Tree” at a value of $10,000 and the prize was announced by the Mayor, Cr Britten at the opening of SOTE on Sunday 28 February. Richard Moffat is a local and respected artist with strong links to the Shire, Richard has a number of pieces of display across the Shire.
Eden has been suggested as the preferred location for this sculpture; a specific site within Eden needs to be identified.
There are many factors that should be considered in choosing the placement of public art including safety of the sculpture and the community, engineering requirements to ensure the sculpture is sited appropriately and importantly the visual aspect of where the piece is located. It is important that the spatial relationship of the sculpture to the site is appropriate and the sculpture reflects the site’s environmental, historical and social characteristics.
The current acquisition is Council’s third and final one in line with the resolution of 18 December 2015. The support for SOTE has been very well received by the community and has enhanced the ability for SOTE to attract recognised artists to exhibit their works each year. There is currently no identified funding for the acquisitive prize into the future. Consideration should be given to the ongoing support of an Acquisitive prize program.
Issues
Legal
Council are now the legal owners of the sculpture. The intellectual property for the piece remains with the artist.
Policy
The acquisition of sculpture or public art sits under Council’s Art and Culture policy.
Asset
Council will be responsible for the siting and installation of the sculpture, Council staff will work with the artist to ensure the sculpture is sited according to engineering specifications and as far as possible complements the sculpture itself. The sculpture is now listed with Council’s insurers.
Social / Cultural
It is recognised that through promoting creativity and supporting local exhibitions, Council can foster and build a sense of community, promote mental health and wellbeing, and embrace the opportunities for economic and cultural development.
Strategic
Council’s Community Strategic Plan Key Direction on access to learning and creativity states: “We are an inspired community with expanded access to life-long learning and skill development, and have creativity and celebration integrated into our community life.”
Support for Sculpture on the Edge directly addresses 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 Sculpture is funded from Council’s Community Partnership Fund as per the resolution of 18 December 2013. Costs associated with the installation will be covered by existing budgets in the Community, Culture and Information section. Final costings will be determined once the site is confirmed.
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Funding source |
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Amount |
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Community Partnership Fund |
$ |
10,000 |
There are currently no funds identified to continue the Acquisitive Program. If Council were to continue this Program funds would need to be identified from existing budget allocations potentially impacting other activities.
Resources (including staff)
There will be minimal staff resources required to site the sculpture; there is capacity within the Community and Culture section to coordinate the installation of the sculpture.
Conclusion
Public Art throughout the Shire can create a point of difference, enhance the feel and attractiveness of places, encourage more use of public spaces and contribute to a sense of pride and wellbeing in the community.
The introduction of Bega Valley Shire Council’s Acquisitive prize has helped to support Sculpture on the Edge and build Council’s public art collection.
Attachments
1. The giving tree Richard Moffat BVSC SOTE acquisitive prize 2016
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1. That the report be noted. 2. That Council places the sculpture, ‘The Giving Tree’ in Eden. 3. That Council authorises officers to make the necessary arrangements for installation. 4. That Council support an Acquisitive program of $10,000 per year for a further three years and identify funds to support this Program. |
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Council |
16 March 2016 |
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Item 9.2 - Attachment 1 |
The giving tree Richard Moffat BVSC SOTE acquisitive prize 2016 |
Council |
16 March 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
11.1 Cancellation of Tender - RFT 52/15 Goods and service for the provision of Pavement Stabilisation Services.............................................................................................................. 110
11.2 Acquisition of land at Candelo Showgroud for Candelo Sewage Treatment Plant 112
11.3 Bega Valley Local Traffic Committee - 2 March 2016..................................... 124
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Council 16 March 2016 |
Item 11.1 |
11.1. Cancellation of Tender - RFT 52/15 Goods and service for the provision of Pavement Stabilisation Services
This report details the outcomes of evaluation of Tender RFT 52/15 for the provision of Pavement Stabilisation Services and recommends that Council cancel the tender.
Group Manager Transport and Utilities
Background
Council called tenders for the annual supply of mix and stabilizing services for Council's program of renewal road works on 10 September 2015.
Tender assessment was delayed as a result of clarifications, program timing and design scope changes. Accordingly, based on the tender submissions and further review of the scope of works the assessment could not be concluded successfully in a timely manner. It has therefore been determined that the tender be terminated and a new tender be called. Until the new tender process is completed and recommendations considered by Council, the pavement and stabilisation services will continue on an ongoing basis with the current contractor.
Invitation to tender
Local Government Procurement (LGP) called for tenders on behalf of NSW Councils to facilitate a contract for the Supply and Delivery of Asphaltic Concrete (AC) Materials and Related Services that aims to deliver value for money on behalf of all NSW Councils. This contract includes supply and mix services for stabilised pavements.
This tender process was facilitated via selection of a panel of recognised (approved) Contractors in accordance with the New South Wales Local Government (General) Regulation 2005.
Tenders were not advertised as the calling of tenders by LGP meets all the requirements of the Local Government Act Regulations.
Tender Submissions
RFT 52/15 was posted via Vendor Panel Bitumen, Emulsion & Asphalt Materials and Services Panel and six formal submissions were received as follows:
· Downer EDI Works Pty Ltd
· Roadworx
· Stabilco
· Stabilcorp
· Stabilfix
· S.P.A.
Tender Evaluation
The tender submissions were assessed against the following evaluation criteria
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Criteria |
Weighting |
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Price |
50% |
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Project Experience |
30% |
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Project Functionality |
15% |
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Local Community Benefit |
5% |
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WH&S |
Compliant/ Non-Compliant |
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Total |
100% |
Council sought clarification on Schedule C1 items 1 - 8 and Schedule C2 Items 1-6 that the application rates were based on 2.3% QUICKLIME @ 300mm depth of stabilisation as per vendor enquiry on Vendor Panel and that the tendered price was still valid as the 90 day expiration period has lapsed
These clarifications were sought in accordance with Local Government (General) Regulation 2005.
At the time of report not all clarifications have appropriately responded to and given the significant time that has elapsed it is decided that the tender process be terminated without award of a contract.
Issues
Legal
The tender process complies with the Local Government Act 1993, associated tender regulations.
Financial and Resources
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Funding source |
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Amount |
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41440.4100.4115 – Regional Roads [Sealed] Repair Program |
$ |
1,210,000 |
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41460.4100.4115 - Rural Roads [Sealed] |
$ |
980,000 |
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41530.4100.4115 - Urban Roads [Sealed] |
$ |
2,594,844 |
Conclusion
The stabilisation services are essential works required to meet Council’s ongoing commitment to road renewal. All submissions demonstrated adequate technical capacity and experience however given the time that has elapsed and the incompleteness of the tender assessment process it is recommended that the tenders be terminated and new tenders advertised.
Attachments
Nil
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1. That Council cancel Tender RFT 52/15 for the provision of Pavement Stabilisation Service. 2. That Council invite fresh tenders based on a review of the scope of works for the 2016/2017 – 2017/2018 financial years. 3. That tenderers be advised of Council’s decision. |
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Council 16 March 2016 |
Item 11.2 |
11.2. Acquisition of land at Candelo Showgroud for Candelo Sewage Treatment Plant
The acquisition of land at Candelo Showground is required to conclude matters associated with construction of Candelo Sewage Treatment Plant.
Group Manager Transport and Utilities
Background
This matter was originally reported to Council on 22 March 2005 when it was resolved to compulsorily acquire the relevant land for the purpose of a Sewage Treatment Plant. The application for compulsory acquisition now requires an updated resolution of Council.
This report relates to Lot 1 DP 1216534 (being part of Lot 302 DP 750201 and Lot 7006 DP 111756), Lot 4 DP 1216534 (being part of Lot 7006 DP 1117565) and proposed easements created within Lot 302 DP 750201, Lot 7006 DP 1117565 and Lot 177 DP 750201 on the attached plan of Acquisition registered on 28 January 2016. The lots and easements are required by Council for the purpose of a sewerage treatment plant and associated infrastructure.
The Department of Lands provided its consent to the request by Council for approval of the proposed acquisition on 28 June 2005 and at the same time provided consent for the Council to enter and construct the sewerage treatment infrastructure prior to the completion of the acquisition.
Council must now proceed to complete the process of acquisition by making an application to the Minister of Local Government in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
Issues
Legal
The application for compulsory acquisition is to be made to the Division of Local Government. The original resolution was obtained on 22 March 2005 and therefore an updated Council resolution is required to be submitted with the application.
Asset
The acquisition is required to formalise ownership of land on which Council assets and infrastructure are situated.
Conclusion
Council needs to formalise ownership of the land on which the sewerage treatment plant is situated together with easements for underground electricity, a right of carriageway and an easement for utilities. Crown Lands and the Candelo Showground Trust have previously consented to the proposed acquisition by Council of Lot 1 DP 1216534, Lot 4 DP 1216534 and related easements.
Attachments
1. Council report 22 March 2005 - Bega Valley Sewerage Program - Land Acquisition
2. Registered plan of acquisition - Deposited Plan 1216534
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1. That Lot 1 DP 1216534 (being part of Lots 302 DP 750201 and Lot 7006 DP 1117565), Lot 4 DP 1216534 (being part of Lot 7006 DP 1117565) and the following proposed easements: · Proposed easement for underground electricity 3 wide within Lots 2 and 3 DP 1216534, · Proposed easement for overhead electricity 20 wide within Lot 177 DP 750201 and Lots 2 and 3 DP 1216534, · Proposed right of carriageway 10 wide and variable width within Lots 2 and 3 DP 1216534, · Proposed easement for sewer rising main 3 wide within Lot 2 DP 1216534 including those minerals not excluded pursuant to section 171 of the Crown Land Acts, be compulsorily acquired for the purpose of sewerage treatment plant pursuant to Section 186 of the Local Government Act 1993. 2. That Council give notice of its intention to classify the land as Operational land under Section 34 of the Local Government Act 1993 upon acquisition. 3. That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the land. |
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Council |
16 March 2016 |
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Item 11.2 - Attachment 1 |
Council report 22 March 2005 - Bega Valley Sewerage Program - Land Acquisition |
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16 March 2016 |
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Item 11.2 - Attachment 2 |
Registered plan of acquisition - Deposited Plan 1216534 |
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Item 11.3 |
11.3. Bega Valley Local Traffic Committee - 2 March 2016
This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held 2 March 2016.
Group Manager Transport and Utilities
Background
The Bega Valley Local Traffic Committee held a meeting on 2 March 2016, the Minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations prior to action being taken. The recommendations were supported unanimously by the Committee.
Attachments
Nil
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That Council adopt the Traffic Committee recommendations as follows: ANZAC Day March & Service – Bega, Bemboka, Tathra & Wolumla – 25 April 2016 1. That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day March and Service in Bemboka be approved and deemed a Class 1 Special Event. 2. That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Bega, Anzac Day Dawn Service, March and Service in Tathra and Anzac Day March and Service in Wolumla be approved and deemed a Class 2 Special Event. 3. That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra and Bega Street in Wolumla be temporarily closed on Monday 25 April 2016 for the Bega RSL Sub Branch Anzac Day proceedings, as per the Traffic Control Plans. 4. That a Road Occupancy License is required from the Roads and Maritime Services for the temporary closure of the Snowy Mountains Highway, Bemboka. ANZAC Day March & Service – Cobargo – 25 April 2016 1. That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Monday 25 April 2016 be approved and deemed a Class 2 Special Event. 2. That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Monday 25 April 2016 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan. 3. That a Road Occupancy License is required from the Roads and Maritime Services for the temporary closure of the Princes Highway, Cobargo. ANZAC Day March & Service – Candelo – 25 April 2016 1. That the proposed traffic arrangements for the Candelo RSL Sub Branch Anzac Day March and Service on Monday 25 April 2016 be approved and deemed a Class 2 Special Event. 2. That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Monday 25 April 2016 for the Candelo RSL Sub Branch Anzac Day March and Service, in accordance with Traffic Control Plan. ANZAC Day March & Service – Merimbula & Pambula – 25 April 2016 1. That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula on Monday 25 April 2016 be approved and deemed a Class 2 Special Event. 2. That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day March and Service in Pambula on Monday 25 April 2016 be approved and deemed a Class 1 Special Event. 3. That sections of Main Street, Market Street and Beach Street, Merimbula and Quondola Street, Pambula be temporarily closed on Monday 25 April 2016 for the Merimbula RSL Sub-Branch Anzac Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans. 4. That a Road Occupancy License is required from the Roads and Maritime Services for the temporary closure of the Princes Highway, Pambula. ANZAC Day March & Service – Eden – 25 April 2016 1. That the proposed traffic arrangements for the Eden RSL Sub Branch Anzac Day March on Monday 25 April 2016 be approved and deemed a Class 2 Special Event. 2. That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Monday 25 April 2016. Merimbula Jazz Festival Street Parade – 11 June 2016 1. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10:00am and 12:00pm on Saturday 11 June 2016 for the Merimbula Jazz Festival street parade. 2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday 11 June 2016 for the Merimbula Jazz Festival street parade and performance. 3. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade on Saturday 11 June 2016, be deemed a Class 2 Special Event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual. 4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 5. That organisers fully implement an approved Special Event Transport Management Plan. 6. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 7. That organisers have written Police approval prior to conducting the event. ANZAC Day March & Service – Bermagui – 25 April 2016 1. That the proposed traffic arrangements for the Bermagui RSL Sub Branch Anzac Day March and Service on Monday 25 April 2016 be approved and deemed a Class 2 Special Event. 2. That the section of Lamont Street, Bermagui, between the intersections of Wallaga Street and Scenic Drive be temporarily closed on Monday 25 April 2016 for the Bermagui RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan. |
Council |
16 March 2016 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Community Strategic Plan - Half Year Review of 2015-16 Operational and Delivery Plan 128
12.2 Applications
for Financial Assistance: Section 356
Third Quarter 2015/2016.................................................................................. 192
12.3 RFT 91/15 Provision of a Microwave Communication Network Maintenance Contract 197
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Council 16 March 2016 |
Item 12.1 |
12.1. Community Strategic Plan - Half Year Review of 2015-16 Operational and Delivery Plan
The half year review provides Council with a status update on the adopted Operational and Delivery Plan which sit within the Integrated Planning and Reporting framework.
Group Manager Strategy and Business Services
Background
The 2015-16 Operational Plan was developed in alignment with the adopted Community Strategic Plan (CSP), Delivery Plan (DP) Resourcing Strategy and Long Term Financial Plan (LTFP).
The Operational Plan, along with Annual Operational Budget, Fees and Charges, Resourcing Strategy and Asset Management Plans were publicly exhibited during May 2015. The suite of documents were subsequently adopted on June 10, 2015.
The purpose of the Delivery and Operational Plan half yearly review is to determine current status of Operational Actions. Managers and staff have provided status updates against operational activities. This is to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues. Detailed reporting on the activity line is provided in the attachment.
Issues
Legal
Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of the Operational Plan.
Strategic
A summary of operational activity status and achievements by themed community ambition area are provided below. Detailed update by activity line is provided in the attachment.
A Liveable Place
Community Ambition L1 – Wellbeing and safety
Community safety is of high importance to Council, and we continue facilitate and support community safety issues through the hosting and administration of the Police Liaison Committee meetings on a quarterly basis.
Proactive regulatory programs play a key role in the safety of our community. Council has completed community consultation on the review of the Companion Animal control areas, which will be workshopped with Council
Areas of delay – Nil to report
Community Ambition L2 – Access to learning and creativity
For the 2015/16 period, Council had committed to undertake and external review of the Children’s Services model and implement recommendations. This review was finalised in January 2016 and will be presented to Council in March. Alongside the findings will be an Action Plan which has been created by the Children’s Services management team in partnership with the consultants. Children’s Services continue to deliver the ‘Quality Counts’ project.
Council’s library services play a key role in providing access to learning and creativity within the Shire. The Library Services Strategic Action Plan was adopted in the last reporting period, with identified activities now in place. Local school students are benefiting from library programs including the ‘HSC Lockdown’ program which was delivered prior to the 2015 HSC to provide students with the support, motivation and suitable study environment in preparation for their HSC.
Creative Industry professional development opportunities have been identified through the development of the annual agreement with South East Arts and will be delivered by June 2016. Council’s partnership with South East Arts is enables the provision of creative opportunities for our community, and delivery of support and training for local artists.
Areas of delay – Review of Cultural Issues Papers – this activity area has been delayed due to competing priorities and will be considered in context of the Community Strategic Plan review.
Community Ambition L3 – Respect and Inclusion
Council is committed to working in partnership with Aboriginal communities to narrow the gap on issues of education, employment and health. In 2015, Bega Valley Shire Council received Indigenous Advancement Strategy (IAS) funding under the Department of Prime Minister and Cabinet, which resulted in the employment of an Aboriginal IAS Project Officer who will be on contract until 2017. The IAS Project Officer is designated to work closely with Children's Services Educators and support staff to improve outcomes for Aboriginal children. In the six months since the beginning of the project, the following outcomes have already been achieved:
· Fee subsidies have been offered to more than 50 Aboriginal children attending preschool and long day care
· Number of Aboriginal children enrolled within Children's Services has increased by 17% since the start of the project. Total days of episodes of care have increased by approximately 10% since the start of the project
· Absenteeism for Aboriginal children has decreased by 1% since the project started
· All Aboriginal children due to attend kindergarten in 2016 were school-ready by December 2015
· Engagement of Aboriginal parents and families has increased within each Children's Service
In 2016 BVSC will also apply under the Elsa Dixon Scholarship to support three Aboriginal school-based trainees within Children's Services. The three trainees are expected to commence in October 2016.
Areas of delay – Nil to report
Community Ambition L4 – Opportunities for all stages of life.
Through the Youth Opportunities program, Council has been working with young people to increase youth-related activities and opportunities in the Shire. A successful ‘Net Gen’ project has been delivered finalised. This involved a 2 day camp and 10 week program of mentoring and skill development. Through these two aspects of the project 30 young people were engaged.
Volunteering is an important part of community life. Promotion of volunteering opportunities form part of the Community Development teams annual operations, both internally with Council and externally for community organisations. The Volunteering Time Banking initiative has been rolled out and is promoted across the Shire as an online volunteer resource centre.
Areas of delay – Nil to report
An Enterprising Place
Community Ambition E1 – Embracing business and a stronger economy
The Economic Development Strategy, which was adopted in October 2015 identifies that Council plays a key role in advocating, supporting and delivering support programs for businesses looking to expand or for new businesses wanting to operate locally. To do this, key relationships with organised business groups have been established and connections with Federal, State and funded organisations have been made that facilitate prompt and responsive support when business opportunity enquiries are received.
Through Council’s Economic Development function, Council facilitates business education programs to assist business owners navigate contemporary business issues. An agreement has been negotiated for Queanbeyan based Southern Region Business Enterprise Centre to prepare and deliver targeted education presentations to businesses in the main town areas.
Investigations have taken place to develop a start-up support program including grant & seed funding opportunities. Discussions regarding a joint funding approach have been held with the Parliamentary Secretary for the South Coast.
Areas of delay – Proposed activity to deliver analysis on Home Based Businesses operating in the region will be taking place in the 2016-17 reporting year.
Community Ambition E2 – Providing the foundations
Council is committed to optimising town and village traffic infrastructure to enhance business opportunities. Stage 1 of the Merimbula Bypass has been completed, with Stage 2 in progress. The Main Street programs are in progress with activity on the Eden Main Street program well received by local businesses and community. In Bega the Littleton Gardens carpark has opened and the Gipps St car park expanded. Land has been acquired to construct new entrance to Eden town centre carpark. Support continues for the development of the Eden Breakwater Wharf Extension with representation at the Community Liaison Interest Group for the Breakwater Wharf Extension. Council continues to advocate the community's interests with project stakeholders.
Funding sought under National Stronger Region's Fund (NSRF) and Restart NSW fund for the implementation of the Airport Masterplan. Council has been successful in obtaining funds for emergency infrastructure, with further negotiations underway for funding of runway infrastructure.
Areas of delay - Proposed activity to update Digital Economy Plan including analysis on the Shire internet coverage and associated opportunities will be taking place in the 2016-17 reporting year.
Community Ambition E3 – Embracing opportunity
An Economic Development Summit which will bring together key stakeholders with economic interests in the Bega Valley is in preparation and will be held this reporting year.
Work has commenced in the review of selected Council held assets in the view to broaden the scope of the review of the Land Investment Strategy. Review to be completed in 2016-17 reporting period.
A network of entrepreneurs living and working from the region is being established with the intention of those willing providing mentoring to emerging and new start-up businesses
Areas of delay – Nil to report
Community Ambition E4 – Partnering for success
Council is working closely with Southern Region Business Enterprise Centre, Business Chambers and directly with businesses to develop a 12 month business education program that collates Shire wide programs in one place for business to utilise. Council continues to support the tertiary education bodies to expand, to enable our community to study locally through strengthened partnerships with University of Wollongong.
Areas of delay – Nil to report
Community Ambition E5 – Enhancing visitor experiences
Council continues to support the delivery of tourism marketing campaigns and associated services through the partnership with Sapphire Coast Tourism. Gateway signage designs have been developed and endorsed by Council, with installation to take place following appointment of supplier.
Areas of delay – Nil to report
An Accessible Place
Community Ambition A1 – Connecting Communities
Implementation of the Transport Asset Management Plan is progressing. Detailed activity listing provided in the attachment.
Areas of delay – Nil to report
Community Ambition A2 – Facilities and Services
Maintenance and renewal of recreation infrastructure in accordance with Recreation Asset Management Plan is progressing. Detailed activity listing provided in the attachment.
Areas of delay – Nil to report
Community Ambition A3 - Essential Services
Council is committed to providing drinking water supplies in accordance with the levels of service detailed in the Water and Sewerage Services Strategic Business Plan. Construction of a new water supply reservoir at Nutleys Creek Rd Bermagui to improve water pressure and long term capacity for customers is progressing with design and tender documents completed. Construction of a new water main to improve water pressure and firefighting capacity to Quaama customers has been completed. The upgrade of the water transfer main for proposed Yellow Pinch Dam Water Treatment Plant (WTP) to enable filtered water to be supplied to Eden customers is in progress, with the hydraulic analysis report received from NSW Public Works. Options for upsizing trunk mains are being examined.
Options study completed for Merimbula Sewerage Treatment Plant has been completed
Areas of delay – All activity areas are progressing however some areas of delay due to resource limitations as listed in the attachment.
Community Ambition A4 – Emergency Planning
The Risk Management study for Bega / Brogo River catchments is in progress. Data review and model review has been completed. Community consultation will take place in April 2016.
Council continues to support stage agencies during emergency response exercises.
Areas of delay – Nil to report
A Sustainable Place
Community Ambition S1 – Valued Natural Environments
Partnerships with Regional Local Government bodies and South East Local Land Services to secure ongoing Weed Action Program funding is in place with a five year Weed Action Program funding program negotiated and commenced for period 2015 to 2020. A Salvinia Plan has been established & with Council and South East-Local Lands Services funding implemented at Kisses Lagoon and properties at Brogo. Council continues to develop and implement coastal natural areas promotional signage with wading bird signage implemented as part of the review of Companion Animal Control areas.
Areas of delay - Develop a BVSC Biodiversity Strategy with relevant stakeholders has been deferred pending commencement of provisions of new NSW Biodiversity Act.
Community Ambition S2 – Sustainable Communities
Council continues to support 'Clean Energy For Eternity' (CEFE) in the management of the Tathra Sewerage Treatment Plant Community Solar Farm. This project won the NSW Green Globe award 2015 & the MoU for the operation of the scheme has been finalised. Opportunities to expand the 'Community Solar Farm' model to other Sewerage Treatment Plants are currently being investigated.
Annual implementation of community environmental grants program is progressing.
Areas of delay – Waste audits have been delayed and will now take proposed for winter 15-16 and summer 16-17.
Community Ambition S3 – Character and amenity
Landscape guidelines have developed for inclusion in development consent conditions.
Facility Management Plans (FMP's) for sporting facilities are progressing well, with final consultation underway with sportsground committees
Areas of delay – Nil to report.
Community Ambition S4 – Proactive Support and Planning
Sewage Treatment Plant upgrade works at Eden and Tura have been finalised with disinfection works completed.
Areas of delay – Nil to report.
Leading Organisation
Community Ambition LO1 – Proactive Leadership
Council candidate awareness sessions and induction programs not due to start this reporting period.
Areas of delay – Nil to report
Community Ambition LO2 – Business Excellence
Council is working towards the development of a cross functional teams for Grant Funding to establish organisational guidelines and procedures on grant funding. The Procurement review was completed 2015 and implementation will be ongoing. The Procurement team have greater input to Council tender process and are currently reviewing procedures and processes. Discussions have commenced regarding the scheduling of a supply forum to improve communications and understanding of working with Council.
Areas of delay – Nil to report.
Community Ambition LO3 – Informed and Engaged Community
Staff training has been delivered on the adopted Communications and Community Engagement Strategy. Staff training for Code of Conduct training program is in development and will be delivered to all staff commencing March 2016 GIPA training has been delivered to targeted staff on as needs basis.
Areas of delay – The implementation of the NSW Office of Local Government (OLG) reporting framework for Integrated Planning and Reporting (IPR) has been delayed due to the framework not yet released from OLG.
Consultation
The half yearly update is an informing document for the community and will be published on Council’s website.
Conclusion
The 2015-16 Operational Plan as adopted by Council is progressing well with only minor areas of delay. The final status of all activities will be presented in the annual report and published on November 30 2016.
Attachments
1. 2015-2016 Half Yearly Report
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That Council receive and note the progress update on the 2015-16 Operational Plan. |
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Item 12.2 |
12.2. Applications
for Financial Assistance: Section 356
Third Quarter 2015/2016
Applications for Financial Assistance –Community Partnership Fund - under Section 356 of the Local Government Act have been received for the third quarter of 2015/2016.
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 10 November 2015 2015 to 29 February 2016.
The applications received for this quarter are:
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Applicant |
Request |
Amount |
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Sapphire Coast Tourism LTD |
2016 EAT Merimbula Festival · Event Promotion · Increased seating and shaded seating area |
$5,000.00 Cash |
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Pambula Motorfest (PMF) Incorporated |
2016 Pambula Motorfest · Contribution to improvement of Pambula Sportsground Seating In Kind support from Council including: · Dozer/Grader/Backhoe · Signs, barriers, parra webbing, steel posts · Traffic Control Plan · Traffic Control Staff |
$2,000 Cash
$4,733 In Kind |
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Sapphire Coast Marine Discovery Centre |
2016 Marine Science Forum – “Marine Debris” · Transport costs for presenters In Kind support: · Provision of a Council Staff member to present to the forum on Council strategies regarding marine debris in the local area |
$1,710.00 Cash
$300.00 In Kind |
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Bega Chamber of Commerce |
2016 Festival of the Face · Publicity and promotion, performers, security, hire of equipment and halls including BCCC, additional insurance and prizes In Kind support: · Promotion on Council’s website and Facebook page · Display Boards from Art Gallery |
$12,000.00 Cash
$400.00 In Kind |
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2pi Software |
2016 Innovation Week Costs associated with running program of events including: · Questacon touring costs · Bus Hire · Speaker fees · Promotional Material · Advertising · Educational Material In Kind support: · Hire of BVRLC 3 days |
$10,000.00 Cash
$450.00 In Kind |
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Bega Valley SPAN |
2016 Walk With Us Costs associated with the walk: · Guest Speaker · Welcome to Country Fe · Hire of Porta Loo · Food, Drinks, Balloons, Flowers · Entertainment |
$2,000.00 Cash |
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Neil Bourke |
Inaugural Merimbula Fly In · Mini bus to transfer pilots and guests to/from airport · Airport Landing Fees (estimate) x 2 landings |
$4,100.00 Cash |
Further applications under the General Manager’s Approvals component of Council’s Procedure 5.15.1 Applications for Financial Assistance – Section 356 were received.
These applications are above the General Manager’s delegation of $2000.00, and are required to be reported to and resolved by Council:
|
Applicant |
Request |
Amount |
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Bermagui Pre-School |
Reimbursement of DA Fees for alterations and additions |
$2,588.00 |
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Edgy Art Inc t/as Sculpture on the Edge |
Hall Hire Fee Donation of Bermagui Community Hall for 2016 Sculpture on the Edge Small Sculpture Exhibition 3/3/16 – 15/3/16 |
$2,600.00 |
Issues
Legal
The allocation of funds requested is able to be distributed in accordance with Section 356 of the Local Government Act 1993.
Strategic
By providing support to individuals and organisations to achieve outcomes for the local community, Council is working towards achieving the objectives of its adopted Community Strategic Plan.
Policy
The administration and allocation of funds are provided in line with Council’s Policy 5.15 Requests for Assistance and Council’s Procedure 5.15.1 Applications for Financial Assistance – Section 356.
Financial
The Table below shows the balance of the budget item as of 29 February 2016:
|
Funding source – Governance and Executive – operating costs - donations |
Amount ($) |
|
|
Balance as at 25/11/15 |
$ |
161,598.50 |
|
Less General Manager Approvals 10/11/15 to 29/2/16 |
$ |
1,435.00 |
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Less Community Partnership Fund Approvals from 2nd Quarter 2015/2016 |
$ |
19,047.00 |
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Less Council Resolution 3/2/16 – George Bass Surf Boat Marathon |
$ |
5,000.00 |
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Less Council Resolution 3/2/16 - Seniors Festival (in addition to the Seniors Festival Grant budget of $5K) |
$ |
895.00 |
|
National Youth Week Grants (in addition to the NYW grant budget of $5k) |
$ |
974.00 |
|
Less Property Rental Subsidy |
$ |
89,532.85 |
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Available Balance (not including current applications detailed in confidential attachment) |
$ |
44,714.65 |
The funds available to date are $44,714.65.
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. Memorandum to Councillors - recommendation Financial Assistance (Confidential/Councillor Only)
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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. |
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Council |
16 March 2016 |
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Item 12.2 - Attachment 1 |
Memorandum to Councillors - recommendation Financial Assistance (Confidential/Councillor Only) |
Placeholder for Attachment 1
Applications for Financial Assistance: Section 356
Third Quarter 2015/2016
Memorandum to Councillors - recommendation Financial Assistance (Confidential/Councillor Only)
0 Pages
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Item 12.3 |
12.3. RFT 91/15 Provision of a Microwave Communication Network Maintenance Contract
This report details the evaluation of RFQ 91/15 for the provision of a Microwave Communication Network Maintenance Contract.
Group Manager Strategy and Business Services
Background
Bega Valley Shire Council currently uses microwave technology to maintain data and voice communications between nine of its office locations. Whilst the solution has proven to be reliable and cost effective, the technology is now some 13 years old and has reached its end of supportable life. Communications outages are becoming more common as microwave equipment faults have increased. These failures are directly impacting operational performance and service delivery.
Quotations were invited from suitably qualified and experienced contractors for the provision and maintenance of a replacement microwave communications solution. Sites specified for integration in the system are listed below and are shown in Figure 1:
· Bega
o Administrative Building, Commemorative Civic Centre, Library, Art Gallery
o Depot Stores, Workshop, Amenities, Water and Sewer Office
o Minyama Parade Building
o Bandara Child Care Centre (costed option)
· Bermagui
o Library
o Depot Building
· Eden
o Library
o Depot Building
o Pre-School (costed option)
o Child Care Centre (costed option)
· Merimbula
o Bega Valley Regional Learning Centre
o Depot
· Tura Beach
o Library
The RFQ specification required the extension of the current microwave system to include coverage of the Tura Beach Library. Council’s three child care centres were also included as costed options, providing Council with the opportunity to determine if the inclusion of these sites provides value for money.
At the Council meeting on 24 February 2016 resolution 32/16 accepted the quotation from SAF Australia Pty Ltd in relation to RFT 91/15 Provision of a Microwave Communication Network Solution in the amount of $323,613.40 (including GST), subject to variations, provisional sums and prime cost items. Authority was delegated to the General Manager to execute the necessary contract documentation. This resolution excluded the Maintenance Contract associated with the ongoing support and maintenance of the solution.
Tender
The Request for Quotation (RFQ) was advertised through the Local Government Vendor Panel from 27 Oct 15 to 5.00pm 25 Nov 15. At the time the RFQ closed, four proposals were received.
An RFQ Evaluation Plan consistent with the NSW Local Government Tendering Regulations and the Conditions of Tendering was prepared and endorsed by the evaluation panel prior to the close of tenders.
Evaluation criteria and weightings were as follows:
|
CRITERIA |
DESCRIPTION |
WEIGHTING |
|
Project value |
The overall project cost |
50% |
|
The makeup of the cost structure |
||
|
The integrity and stability of cost |
||
|
Commercial terms and conditions |
||
|
Project experience |
Demonstrated ability to complete the work |
30% |
|
Experience in completing similar projects |
||
|
Quality system and QA Experience |
||
|
Financial ability to undertake project of this size |
||
|
Project functionality |
Satisfaction and recognition of the project objectives |
15% |
|
Conceptual and operational plans |
||
|
Proposed construction arrangements and completion program |
||
|
Local Community Benefit |
Recognition of local outcomes, demonstrating support for local business and community enterprise |
5% |
The evaluation was carried out in accordance with the RFQ Evaluation Plan with a preferred proposal identified in the process. Evaluation details are contained in the attached Confidential Memorandum to Councillors.
Issues
Strategic
Globally it has been recognised that Information and Communication Technology (ICT), as an ‘enabling service’, is fundamentally changing. Cloud based services and ‘anywhere’, ‘any time’, ‘any device’ mobile computing services are introducing new ways for organisations to conduct business. Improved operational performance through ICT service delivery is dependent on having a strong and dependable communication framework such as the solution being offered by this acquisition.
In accordance with current strategic planning, renewal of Council’s microwave network is a ‘foundation piece’ essential for the revitalisation of Council’s broader ICT capabilities. It will allow Council to continue to provide operationally effective services and will enhance Council’s standing in terms of the delivery of high speed community ICT access (eg: Tura Beach library ‘hub’). Importantly, it will also mitigate against the rise of business continuity failure via reliable, monitored servicing arrangements.
Legal
The RFQ process was required to comply with the Local Government (General) Regulation 2005 (the Regulation).
Asset
Council’s daily operations are dependent on effective voice and data communications at each of its offices. Over recent years Council has experienced a steady increase in the frequency of communications outages as a result of failures in its ageing microwave technology. Subsequent loss of telephony and computing systems services directly impacts Council’s ability to conduct business. It is therefore essential that Council’s communication infrastructure is maintained with appropriate capacity and reliability. Analysis has shown microwave technology offers best value for money when it comes to the delivery of these services across Council’s primary and geographically disparate sites. Investment in the renewal of the current microwave solution should reasonably provide Council with high performing communications for the next decade.
The proposed solutions provide significant improvements in risk mitigation through:
· The broader adoption of Australian Communication and Media Authority (ACMA) licenced microwave links that will reduce the risk of frequency interference and allow greater transmission capacity,
· Contractor managed network monitoring services that will provide 24/7 system health checks and alerts,
· battery based backup power supplies at all relay sites to ensure continued operations during mains power outages,
· the engagement of a Bega Valley business to provide first line system support and fault rectification,
· the holding of dedicated spare parts within the Bega Valley,
· the annual inspection of each microwave site by the Contractor to identify and remediate any potential issues (eg: overgrown vegetation), and
· Contractor supplied fault assessment reports within 48 hours of an incident that include details of corrective and preventive action taken.
Integration of the Tura Beach Library will require the establishment of a microwave relay site. Potential sites have been examined final site selection will be made in conjunction with the successful supplier.
Consultation
The RFQ evaluation panel have consulted with the relevant referees supplied by the preferred supplier. All comments received have been documented and can be supplied upon request.
Financial and Resources
Council’s operating budget is sufficient to cover the proposed annual expenditure for the microwave maintenance and support.
Annual costs are forecast to reduce by approximately 5% when compared to the current microwave network. These savings are attributed to improved equipment reliability and the introduction of remote network monitoring services that will expedite fault diagnosis and resolution.
Staff resources will be required to manage maintenance and support arrangements
Conclusion
This report recommends award of the contract for services to a preferred supplier in accordance with the details presented to Councillors in the Confidential Memorandum attached to this report.
Attachments
1. Confidential Memo To Councillors - Tender RFT 91.15 maintenance contract (Councillor Only) (Confidential)
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1. That Council accept the recommendations outlined in the Confidential attachment. 2. That Council accept the 5 year Maintenance Contract quotation from <insert> in relation to RFT 91/15 Microwave Communication Network Solution in the amount of <insert> (including GST) in the first year with an adjustment for Consumer Price Index (CPI) increases over the subsequent years. 3. That authority is delegated to the General Manager to execute the necessary contract documentation. |
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Council |
16 March 2016 |
In accordance with Council’s Code of Meeting Practice (2011), 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 203
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Council 16 March 2016 |
Item 13.1 |
13.1. Certificate of Investments made under Section 625 of the Local Government Act, 1993
This report details Council’s investments during the month of February 2016.
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 $40,900,000. These funds can be broken into the following Funds:
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Table 1: Investments by Fund $’000 |
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Fund |
December 2015 |
January 2016 |
February 2016 |
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General Fund |
$16,708 |
$14,708 |
$9,708 |
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Water Fund |
$14,842 |
$14,842 |
$14,842 |
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Sewer Fund |
$16,350 |
$16,350 |
$16,350 |
In addition, there is $9,084,000 in uninvested funds in Council’s operating account. There is an additional $5,000,000 at call investment held in Council’s Transactional Account.
· 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.
· 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.
· 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.
· 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.
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Table 2: Restricted Cash and Investment by Fund $’000 |
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Fund |
External Restrictions |
Internal Restrictions |
Unrestricted |
Total |
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General Fund |
$10,902 |
$8,560 |
-$670 |
$18,792 |
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Water Fund |
$4,224 |
$10,618 |
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$14,842 |
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Sewer Fund |
$2,581 |
$13,769 |
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$16,350 |
The restrictions reported in Table 2 relate to 30 June 2015.
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
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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. |
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Council |
16 March 2016 |
Notices of Motion
16 March 2016
17.1 Bega to Tathra Safe Ride Project...................................................................... 208
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Council 16 March 2016 |
Item 17.1 |
Tathra to Kalaru was identified as a location where the Council could move forward with tangible support for a bike/pedestrian path. The route would link facilities like Evans Park, Bundadung MTB trail network, Bournda National Park, Tathra Wildlife Reserve, Lawrence Park, Tathra Wharf, Tathra Beach, the Memorial Garden and the existing bike/pedestrian path at Mogareeka. On the Perch owners Steve and Linda Sass have expressed support and accommodation providers like Kianinny Resort and Countryside Caravan Park may see benefits in having bike friendly connectivity.
Given the short distances involved and existing trails, along the Council water main easement on the south side of the Evans Hill road, Council has an excellent opportunity to expedite the construction of the bike path that would deliver value social, tourism and youth outcomes for the community.
Cr Liz Seckold
Nil
Notice of MotionThat a report be prepared investigating connecting Tathra – Kalaru with a bike/pedestrian path with cost estimations for inclusion in Council’s forward planning considerations. |
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Council |
16 March 2016 |
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
RecommendationThat Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 22.1 Bega Valley Sewerage Program Contract Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.
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