Ordinary

 

Meeting 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, 12 October 2016 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

17 October 2016

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

Copy:

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Acting Director,  Community, Relations and Leisure, Mr John Grady

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Ms Kelly McDowall

 

 

 


Live Streaming of Council Meetings

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.

Publishing Of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

·         Pecuniary – regulated by the Local Government Act 1993 and Office 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 1993  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

 

 

*  Note:  Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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

12 October 2016

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 14 September 2016 and the Extraordinary Meeting held on 28 September 2016 as circulated, be taken as read and confirmed.

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       Urgent Business

 

8       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.

9       Staff Reports – Planning and Environment (Sustainability)

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

9.1                Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Planning and Environment Committee.............................................................................................................. 9

10     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 the Mayor.

10.1              Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Community, Culture and Leisure Committee.............................................................................................................. 12

10.2              Leisure and Recreation Assets - June 2016 Storm Damage Repairs...................................... 14

11   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 the Mayor.

11.1              Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Economic Development and Business Growth Committee.................................................................... 20

11.2              Consultation request for deregulation of Merimbula to Sydney air route........................... 22

12     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 the Mayor.

12.1              Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Infrastructure Waste and Water Committee................................................................................................................ 26

12.2              Declaration: Direct Negotiation Procurement - Purchase of a Replacement Crawler Loader for the Central Waste Facility Plant Number 155201...................................................................................... 28

12.3              Bega Valley Local Traffic Committee........................................................................................... 91

13   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 the Mayo

13.1              Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Governance and Strategy Committee.................................................................................................................... 96

13.2              Committee and Panel Delegates and Representatives 2016/2017....................................... 98

13.3              Councillor Development Program............................................................................................. 101

13.4              Delegations Register - Part 1...................................................................................................... 105

13.5              Amendments to the Code of Meeting Practice...................................................................... 126

13.6              Gift Register - September 2015 to August 2016..................................................................... 154

13.7              Joint Organisation of Councils - "Getting the Boundaries Right" response to draft consultation paper..................................................................................................................................................... 165

13.8              2016 Community Survey............................................................................................................. 174

13.9              Selection of Legal Panel Services........................................................................................... 183r.

14     Staff Reports – Finance (Leading Organisation)

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

14.1              Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Finance Committee..................................................................................................................................................... 187

14.2              IPART Review of the Local Government Rating System ........................................................ 189

14.3              Certificate of Investments made under Section 625 of the Local Government Act, 1993 204

14.4              Certificate of Investments made under Section 625 of the Local Government Act, 1993 208.

15     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.

 

16     Delegates Reports

 

17     Rescission/alteration Motions

 

18     Notices of Motion

 

19     Questions On Notice

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

22     Adoption of reports from Closed Session

23     Resolutions to declassify reports considered in closed session  

 


Council

12 October 2016

 

 

Staff Reports –Planning And Environment (Sustainability)

 

12 October 2016

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

9.1              Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Planning and Environment Committee................................................................................ 9


Council 12 October 2016

Item 9.1

 

9.1Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Planning and Environment Committee     

 

Election of Chairperson for the Planning and Environment Committee.

 

General Manager  

 

Background

At the Council meeting on 28 September 2016 Council considered the Councillor Portfolios, Agendas and Reporting Themes, and adopted the following reporting areas for the Council Meeting Agenda. Council also resolved that these be considered in Standing Committees.

·    Staff Reports:  Planning and Environment (Sustainability)

·    Staff Reports:  Community, Culture and Leisure (Liveability)

·    Staff Reports:  Economic Development and Business Growth (Enterprising)

·    Staff Reports:  Infrastructure Waste and Water (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

Council’s code of meeting practice states (14.2) that the Mayor or a member of the committee elected by the Council; or the members of the committee will preside at meeting of the committee.

Council also noted the objective and Terms of Reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

The objectives and Terms of Reference for the Planning and Environment Committee are:

Planning and Environment (Sustainability)

Objective:

To ensure the unique environment is protected to maintain biodiversity and water quality and managed for our community, to provide growth and economic opportunity.

Terms:

Consider, review, prioritise and resolve:

·   Development applications outside staff delegations;

·   Comprehensive Local Environment Plan, Development Control Plan and amendments;

·   Strategic land use, urban structure, natural resource, coastal management, estuary and climate change plans and reports;

·   Function service standards, levels of service and hierarchies;

·   Policies, principles and guidelines relating to

o Natural environment, health, building, control, pollution, trees, weeds and regulatory services to the extent Council has jurisdiction in relation to the Local Government Act, Environmental Planning and Assessment Act, Protection of the Environment Operations Act, Heritage Act, Noxious Weeds Act and related legislation;

·    Contributions plans under S94 and S94A  (Environment  Planning and Assessment Act) and S64 (Local Government Act);

·    Recommendations from related reference panels;

·    Minutes and recommendations from related advisory committees.

·    Related matters outside staff delegations.

Conclusion

Council needs to elect a Chairperson for the portfolio of Planning and Environment Committee.

 

Attachments

Nil

 

Recommendation

That Cr (insert name) be delegated to facilitate and chair the Planning and Environment (Sustainability) Committee.

  

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

12 October 2016

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

10.1            Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Community, Culture and Leisure Committee.......................................................................... 12

10.2            Leisure and Recreation Assets - June 2016 Storm Damage Repairs.................. 14


Council 12 October 2016

Item 10.1

 

10.1. Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Community, Culture and Leisure Committee     

 

Election of Chairperson for the Community, Culture and Leisure Committee.

 

General Manager  

 

Background

At the Council meeting on 28 September 2016 Council considered the Councillor Portfolios, Agendas and Reporting Themes, and adopted the following reporting areas for the Council Meeting Agenda. Council also resolved that these be considered in Standing Committees.

·    Staff Reports:  Planning and Environment (Sustainability)

·    Staff Reports:  Community, Culture and Leisure (Liveability)

·    Staff Reports:  Economic Development and Business Growth (Enterprising)

·    Staff Reports:  Infrastructure Waste and Water (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

 

Council’s code of meeting practice states (14.2) that the Mayor or a member of the committee elected by the Council; or the members of the committee will preside at meeting of the committee.

Council also noted the objective and Terms of Reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

Council also noted the objective and terms of reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

The objectives and terms of reference for the Community, Culture and Leisure are:

Community, Culture and Leisure (Liveability)

Objective:

To support a place where everyone regardless of age or circumstance can enjoy a safe, involved and affordable community life.

Terms:

Consider, review, prioritise and resolve:

·    The provision of health, welfare and community services to the extent Council has jurisdiction or is agent to provide services on behalf of government;

·    Strategic responses to community, cultural and social, voluntary issues and reports;

·    Function service standards, levels of service and hierarchies;

·    Policies, principles and guidelines in relation to:

Ageing, youth, children’s services, disability and other disadvantaged demographic groups in the Shire;

·    Library, gallery and cultural services;

·    Communication between the Council agencies and the community;

·    Matters relating to the general health and physical wellbeing of Shire citizens;

·    Awards for honorary and voluntary civic service;

·    Civic Events, festivals and celebrations;

·    Recommendations from related reference panels;

·    Minutes and recommendations from related advisory committees;

·    Related matters outside staff delegations.

 

Conclusion

Council needs to elect a Chairperson for the portfolio of Community, Culture and Leisure Committee.

 

Attachments

Nil

 

Recommendation

That Cr (insert name) be delegated to facilitate and chair the Community, Culture and Leisure (Liveability) Committee.

 


Council 12 October 2016

Item 10.2

 

10.2. Leisure and Recreation Assets - June 2016 Storm Damage Repairs      

 

Overview of damage to Council's leisure and recreation assets following the June 2016 East Coast Low storm event and recommendations to prioritise repairs.

 

Director Community, Relations and Leisure  

 

Background

The June 2016 East Coast Low (ECL) storm event caused extensive damage to a number of recreational assets, as well as significant flooding across the Shire. The combination of very big ocean waves and king tides resulted in an extreme event causing erosion and damage in coastal areas. Council's leisure and recreation assets, particularly those near the coast, were hard hit by the storm event. More than 30 different sites suffered damage ranging from complete destruction to minor damage. The estimated damage bill is indicative at this stage with actual repair costs unable to be determined until detailed costings are completed.

Council has received advice that repairs to general recreation assets is not covered through the Natural Disaster Relief and Recovery Arrangements (NDRRA) as recreational assets are not classified as ‘essential’. Examples of non-essential assets damaged include: paths and trails; park furniture; playgrounds; fencing; shade structures; signs; ocean pool structures; and viewing platforms. 

The indicative cost estimate to repair all assets outlined above is $978,000. This level of funding is not readily available under current budget parameters and it will be necessary to prioritise repairs to work within available resources.

Council would be aware there was significant damage to maritime assets (i.e. the Tathra Wharf). These are not considered in this report as repair works have been arranged by the Transport and Utilities Group and are currently underway. 

Issues

Legal

In using a risk management approach, Council needs to be able to demonstrate it is taking reasonable measures to best utilise resources it has available to reduce risks to users, especially at sites where damage has been reported. In effect this leads to adopting a method of applying a prioritised approach to planning repair works.

Strategic

Economic

Council managed recreation assets in coastal areas are an important element in supporting tourism throughout the Shire.

Policy

Council's Parks and Recreation Asset Management Plan would typically be used to develop programs to renew existing assets. This is discussed further below.

Outdoor leisure and recreation assets are currently not included in Council’s insurance policy. They were removed some time ago to reduce the total value of assets covered and in turn, the annual premium. As a result insurance funds are not available to repair damage from the June 2016 ECL storm event.

Council’s procurement policy and financial delegations apply to issuing of contracts to undertake works to repair damaged assets. 

Planning and prioritisation   

There is a need for Council to take a position and action, particularly noting the busy Christmas period is quickly approaching. The aim would be to:

·    Have a consistent approach to dealing with enquiries and risks associated with damaged assets;

·    Ensure basic facilities are in a condition to cope with the increased use and demands over the Christmas period; and

·    Take actions in a planned and publicised manner, noting the impact this may have on other scheduled and programmed capital projects.

In an effort to prioritise works Council officers have classified the works in two ways:

1.    By type - Repair, Remove, Replace; and

2.    By priority - Low, Medium, High.

·    High – removal required, high demand asset replacement, works are straight forward.

·    Medium – repair required medium demand asset replacements.

·    Low – typically value add assets, not critical for the primary / key use of the area.

When works are classified in these groups estimated costs to repair damaged general recreational assets (excluding Marine assets) are:

·    High priority - $298,000 (includes removal of Wallaga Lake Boardwalk)

·    Medium priority – $31,000

·    Low priority - $648,000 (noting this includes Wallaga Lake Boardwalk replacement costs estimated at $500k)

Once items are prioritised options can be considered to action those priorities.

Proposed action

The most effective risk management approach, while balancing capital works commitments, is to initially address high and medium priority works. This approach allows the following:

·    Repairs popular sites to a condition that will better cope with the busy summer period;

·    Result in less defect reports and need for reactive work during the summer season;

·    Works can be ‘site’ and ‘task’ based so nearby minor items are also actioned;

·    Reputational risks and impacts are reduced;

·    Enable some economies of scale for Council and contractors (i.e. materials, park furniture orders, board and chain accesses, programing and staffing etc.)

·    Links to some of the 2016/17 scheduled capital works items (i.e. beach access improvements), noting these will now be directed by storm repairs. 

This approach will necessitate the need for identified low priority works to be managed through updating the asset condition rating in the Asset Register (inventory review due in early 2017) and including those works in future asset renewal programs.  This may mean some existing local facilities will not be replaced in the short term. This will create some potential for complaints and negative feedback, which can be mitigated through communication and providing background, reasons and information to the community. A list of high and medium priority works is included as an Attachment to this report.

Environmental / Sustainability

Work to repair beach access points are an important element in protecting and managing erosion to sensitive dune systems.

Asset

Council’s leisure and recreation assets are collectively managed through the Parks and Recreation Asset Management Plan (AMP). Asset categories included in the AMP have been developed by functional service areas and include parkland facilities, playgrounds and skate parks, sporting facilities, aquatic facilities, built assets in natural areas and maritime assets.

Examples of general leisure and recreation asset types damaged by the ECL storm event included paths and trails, park furniture, playgrounds, fencing, shade structures, signs, ocean pool structures and viewing platforms. Some assets damaged were not highly used or in some instances duplicated close by (such as beach access points). These low use or duplicated assets have been identified as low priority works to be managed through updating the asset condition rating in the Asset Register. This approach enables consideration of current levels of use and need to determine the best options for renewals to meet current requirements and expectations, as opposed to simply taking a like for like approach to asset renewal.

Consultation

Works notifications will be issued prior to works commencing. Where low priority works are to be deferred, notices will be placed on site to provide background and inform users.

Financial and resources

In noting the time frames to meet the goal of having works completed prior to the summer season, and following the consideration and approval from the General Manager, officers have progressed with advertising for contractors to undertake works in accordance with Council’s Procurement Procedure. There is however insufficient surplus funding in the adopted Leisure and Recreation capital works budget for the 2016/17 year to undertake all works. It should be noted that to proceed in the manner proposed will mean deferring some capital works due for delivery this financial year. Items such as:  parkland signs; low use or duplicated beach access paths; and some pools asset renewals will need to be rescheduled.  These works are not cancelled, rather deferred until the adopted capital works program can be reassessed.

Senior officers have moved to provide a working capital injection of $329,000 towards the completion of these tasks. The funding source used is the 2016 operating surplus which will be presented to Council in November. Senior officers have allocated the funding source in advance of the Council Resolution due to the critical nature of the works and the time pressures involved. The funding of these projects alongside the broader 2016 financial results will be presented to Council in November; however there is sufficient available working capital at this time to fund this project.

Conclusion

Officers have recently developed tender documentation to action high and medium priority works. In some instances works are related to previously scheduled capital works, however those works will now be directed by storm damage prioritisation rather than the AMP. To proceed as proposed will mean deferring some capital works due for this financial year to future years. Where this is the case, these works are not cancelled rather deferred until the adopted capital works program can be reassessed.

 

Attachments

1.            2016.10.12 Attachment Leisure & Recreation Storm Damage June 2016

 

Recommendation

1.      That Council endorse the prioritisation of high and medium repairs of damaged leisure and recreation assets.

2.      That authority be delegated to the General Manager to accept tenders for works to              repair storm damaged assets and execute all necessary documentation up to a total value of $350,000.

3.      That the identified low priority works be managed through updating the asset condition rating in the Asset Register and including those works in future asset renewal programs.

4.      That Councillors note the allocation of $329,000 of the 2016 operating surplus towards this project, which will be formally reported with the 2016 financials in November 2016.

 


Council

12 October 2016

Item 10.2 - Attachment 1

2016.10.12 Attachment Leisure & Recreation Storm Damage June 2016

 

 

 


Council

12 October 2016

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

12 October 2016

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

11.1            Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Economic Development and Business Growth Committee................................................. 20

11.2            Consultation request for deregulation of Merimbula to Sydney air route......... 22


Council 12 October 2016

Item 11.1

 

11.1. Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Economic Development and Business Growth Committee     

 

Election of Chairperson for the Economic Development and Business Growth Committee.

 

General Manager  

 

Background

At the Council meeting on 28 September 2016 Council considered the Councillor Portfolios, Agendas and Reporting Themes, and adopted the following reporting areas for the Council Meeting Agenda. Council also resolved that these be considered in Standing Committees.

·    Staff Reports:  Planning and Environment (Sustainability)

·    Staff Reports:  Community, Culture and Leisure (Liveability)

·    Staff Reports:  Economic Development and Business Growth (Enterprising)

·    Staff Reports:  Infrastructure Waste and Water (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

 

Council’s code of meeting practice states (14.2) that the Mayor or a member of the committee elected by the Council; or the members of the committee will preside at meeting of the committee.

Council also noted the objective and Terms of Reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

The objectives and Terms of Reference for the Economic Development and Business Growth Committee are:

Economic Development and Business Growth (Enterprising)

Objective:

To support a creative and innovative business community, invigorating growth in employment and economic activity, in partnerships with government.

Terms:

Consider, review, prioritise and resolve:

·    Strategic business and property plans and reports;

·    Proposals relating to development, acquisition, lease or sale of Council property;

·    Economic development, education, marketing and tourism;

·    Function service standards, levels of service and hierarchies;

·    Policies, principles and guidelines in relation to

·    business growth, land investment, tourism;

·    Minutes and recommendations from related advisory committees;

·    Recommendations from related reference panels;

·    Related matters outside staff delegations.

Conclusion

Council needs to elect a Chairperson for the portfolio of Economic Development and Business Growth Committee.

 

Attachments

Nil

 

Recommendation

That Cr (insert name) be delegated to facilitate and chair the Economic Development and Business Growth (Enterprising) Committee.

 


Council 12 October 2016

Item 11.2

 

11.2. Consultation request for deregulation of Merimbula to Sydney air route     

 

The NSW State Government has written to Council indicating it is considering the removal of the Air Transport License regulating the Merimbula to Sydney air route and has asked the Bega Valley Shire Council to commence engaging the local community as to its views on the matter.

 

Director Strategy and Business Services  

 

Background

On July 12, 2016 Minister for Transport and Infrastructure, the Honourable Andrew Constance, wrote to Council advising that the Government was considering the removal of the Air Transport License regulating the Merimbula to Sydney and Moruya to Sydney air route. Presently the air route in question is operated under a five year license granting exclusive Regular Passenger Transport (RPT) services to Rex Airlines. Deregulating the air route will allow additional carriers to service the Merimbula to Sydney air route.

The letter indicates the State Government has undertaken a number of air route reviews in recent times and the State Government would like Council to engage with its community to seek their views as to the deregulation of the air route.

Specifically, the Minister has asked Council and the community to consider:

·    The needs of the public of NSW as a whole and of the public of any area or district for air transport services along the routes concerned;

·    Fostering competition between airlines in relation to the routes concerned;

·    The effect, if any, on the maintenance and development of the adequate and reasonable public air transport services within NSW, of the operations of aircraft over the routes concerned; and

·    The effect, if any, on the economic development of, or on the environment in, any area of district within NSW, of the operation of aircraft over the routes concerned.

Having recently submitted a number of studies into the viability of air services for the region in both its successful Restart NSW and NSRF grant applications, Council was able to make available a number of reports directly relating to these points to the Department of Transport and Infrastructure. 

Issues

Strategic

Council has on numerous occasions made clear its views on supporting the deregulation of the Merimbula, Moruya, Sydney air route. Council identifies the commercial service operated by Rex Airlines aimed primarily at business travel, and is of the view that a significant recreational market exists for travellers wanting to visit the region that presently are unable to use RPT services due to a range of factors, including price, availability, luggage limits, etc.

Council is committed to working with Rex Airlines to ensure the continuation of their service to the region while at the same time looking to attract interest from air carriers to capitalise on the visitor market.

Council has commissioned a number of studies to develop an understanding of the potential market the Merimbula Airport could hope to service and it far exceeds the current regulatory cap of 55,000 passengers per annum.

The current air route utilises both Merimbula and Moruya airports, and Transport NSW with staff from both operating Councils have identified the opportunity to gain input from the community in a coordinated approach so as to minimise confusion in relation to the process. Bega Valley Shire Council is liaising with Eurobodalla Council to ensure the consistent framing of engagement questions and to present information to the State on the deregulation of the air route in totality.

Consultation

To assist the Department of Transport and Infrastructure, Council will draft and distribute a fact sheet through the local media to assist ratepayers in forming an opinion.

Council proposes the following engagement activities:

·    Seeking views from local agencies and organisations;

·    A web poll on Council’s Website;

·    A Facebook poll on Council’s Facebook page;

·    Inviting written submissions from the community.

Council invites feedback up to the close of business on 31 October 2016.

All submissions received will be forwarded to the Department of Transport and Infrastructure for their consideration.

Media on the process for the two Shires will also be co-ordinated.

Conclusion

Council has consistently requested assistance from the State Government in relation to the deregulation of the Merimbula, Moruya, Sydney air route. Council is now being asked to work with the State to seek the views of the broader community to determine whether or not the Merimbula, Moruya, Sydney air route should deregulated and opened to market competition.

 

Attachments

1.            Letter to The Hon Andrew Constance MP regarding air service deregulation 

 

Recommendation

1.      That Council reaffirm its position supporting the deregulation of the Merimbula, Moruya, Sydney Air Route.

2.      That Council resolve to consult with the community in line with the terms set out in this report, seeking the community’s views relating to the deregulation of the Merimbula, Moruya, Sydney air route.

3.      That Council forward all submissions to the Department of Transport and Infrastructure once the consultation period has closed.

 


Council

12 October 2016

Item 11.2 - Attachment 1

Letter to The Hon Andrew Constance MP regarding air service deregulation

 

  

 


Council

12 October 2016

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

12 October 2016

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

12.1            Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Infrastructure Waste and Water Committee...................................................... 26

12.2            Declaration: Direct Negotiation Procurement - Purchase of a Replacement Crawler Loader for the Central Waste Facility Plant Number 155201.............................................. 28

12.3            Bega Valley Local Traffic Committee................................................................. 91


Council 12 October 2016

Item 12.1

 

12.1. Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Infrastructure Waste and Water Committee     

 

Election of Chairperson for the Infrastructure Waste and Water Committee.

 

General Manager  

 

Background

At the Council meeting on 28 September 2016 Council considered the Councillor Portfolios, Agendas and Reporting Themes, and adopted the following reporting areas for the Council Meeting Agenda. Council also resolved that these be considered in Standing Committees.

·    Staff Reports:  Planning and Environment (Sustainability)

·    Staff Reports:  Community, Culture and Leisure (Liveability)

·    Staff Reports:  Economic Development and Business Growth (Enterprising)

·    Staff Reports:  Infrastructure Waste and Water (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

 

Council’s code of meeting practice states (14.2) that the Mayor or a member of the committee elected by the Council; or the members of the committee will preside at meeting of the committee.

Council also noted the objective and Terms of Reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

The objectives and Terms of Reference for the Transport and Utilities Committee are:

Infrastructure Waste and Water (Accessibility)

Objective

To plan, and provide a comprehensive mix of public and private sector services and facilities in order that residents and visitors have access to the quality health, recreation, education, employment, transport, utility and retail resources they want and need.

Terms:

Consider, review, prioritise and resolve:

·    Capital works program;

·    Tenders for capital works and plant;

·    Asset standards, levels of service and hierarchies;

·    Asset acquisition and disposal;

·    Policies, principles and guidelines in relation to

o works (including roads, bridges, paths), water and waste water

o reserves, buildings, car parks, drainage and waterway infrastructure.

o emergency services;

·    Strategic infrastructure management, including water, waste and waste water business plans;

·    Asset management plans, facility management plans and plans of management;

·    Infrastructure grant funded projects;

·    Minutes and recommendations from related advisory committees;

·    Recommendations from related reference panels;

·    Related matters outside staff delegations.

Conclusion

Council needs to elect a Chairperson for the portfolio of Infrastructure Waste and Water Committee.

 

Attachments

Nil

 

Recommendation

That Cr (insert name) be delegated to facilitate and chair the Infrastructure Waste and Water (Accessibility) Committee.

 


Council 12 October 2016

Item 12.2

 

12.2. Declaration: Direct Negotiation Procurement - Purchase of a Replacement Crawler Loader for the Central Waste Facility Plant Number 155201     

 

This report details the legal and procedural requirements for a Direct Negotiation Procurement Declaration.

 

Director Transport and Utilities  

 

Background

The Central Waste Facility (CWF) is a landfill site located at Wanatta Lane, Wolumla. The landfill operation is a “dry tomb”, meaning that infiltration of water into buried waste and consequent leachate generation is minimised through management of the size of the tipping face, optimum compaction and progressive application of intermediate cover and final capping layers. Operations strictly comply with the NSW Environmental Protection Agency “Environmental Guidelines: Solid Waste Landfills” (EPA 1996).

The CWF is a relatively small landfill providing for the residential waste disposal needs of Bega Valley Shire alone, which has a permanent population of around 31,000. The Bega Valley Shire experiences significant tourist influx from December through April and the demands on landfill operations are at their peak from Christmas through to the end of January each year.

The CWF currently uses the following mobile plant machinery to operate this site:

·    Liebherr 614 (13,000kg) crawler loader; and a

·    Tana E320 compactor (32,000kg).

The Tana E320 compactor provides maximum compaction of the landfill working face whilst the Liebherr 614 crawler loader is used to shift and place waste ready for compaction and load/spread waste cover material to meet NSW EPA Guidelines.

Council has recently disposed of a Liebherr 624 crawler loader that was previously used at the CWF site, due to the availability of a Liebherr 614 loader, after construction of the smaller waste transfer stations.

The existing Liebherr 614 crawler loader (plant number 1552) has reached its optimum replacement point and is recommended for replacement as per Council’s Fleet Replacement Program.

Issues

Legal

Section 55(3)(i) of the Local Government Act 1993 (the Act) allows tendering requirements to be bypassed where:

 “…because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders”

These exemptions from tendering requirements may justify direct negotiations.

 

 

Competitive tender submissions

Extensive pre-purchase research conducted by Council’s Fleet Services has established there is currently only one supplier within Australia that can provide a new Crawler Loader of the required specification, being Westrac Pty Limited.

Westrac Pty Limited are the Caterpillar dealer for New South Wales and are the single supplier of Class CCF 3 (operating weight 15,500kg) Crawler Loaders to the Australian market, namely the Caterpillar 953D Crawler Loader, which meets the operational requirements of Council’s CWF.

Conclusion

It has been established that the Caterpillar 953D Crawler Loader is the most suitable sized machine to support the operational requirements of the CWF and will give the best economic return over the life of the machine.

To undertake a competitive tender process regarding the replacement of Council’s existing Crawler Loader, would mean increasing the size of the machine to a CCF Class 4 (operating weight of 18,000 to 21,000kg). This would enable only one other supplier to tender and increase the capital purchase price for a larger machine by approximately $100,000. This larger size machine would be in excess of the Waste Services specified requirements, cost more to purchase and more to operate.

 

Attachments

1.            Bega Valley Shire Council Specification P716 Crawler Loader Plant Number 155201 - RFQ 61/16

2.            ICAC Direct Negotiations Guidelines

 

Recommendation

1.      That Council note the single supplier of the required size (Class CCF3) Crawler Loader machine to the Australian market and authorise a single select procurement process to be carried out, due to the unavailability of competitive tenderers.

2.      That Council authorise the General Manager, and in her absence the Director of Transport and Utilities, to enter into direct negotiations with any entity with a view to entering into contracts in relation to the subject matter of this report in accordance with Clause 55 (3)(i) of the Local Government Act 1993.

3.      That Council authorise the General Manager, and in her absence the Director of Transport and Utilities, to enter into contracts with any entity identified through direct negotiations in relation to the subject matter of this report in accordance with Clause 55 (3)(i) of the Local Government Act 1993, for a period not exceeding three (3) months from the date of approval.

 


Council

12 October 2016

Item 12.2 - Attachment 1

Bega Valley Shire Council Specification P716 Crawler Loader Plant Number 155201 - RFQ 61/16

 


 


 


Council

12 October 2016

Item 12.2 - Attachment 2

ICAC Direct Negotiations Guidelines

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 12 October 2016

Item 12.3

 

12.3. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meetings held on 3 August 2016 and 14 September 2016.

 

Director Transport and Utilities  

 

Background

The Bega Valley Local Traffic Committee held meetings on 3 August 2016 and 14 September 2016, the Minutes of which have been distributed separately. It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

 

Attachments

Nil

 

Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee as follows:

School Bus Zone – Lynjohn Drive, Bega

That Council approve the installation of a Bus Zone for the hours of 8.30am to 9.00am and 3.00pm to 3.30pm school days, at the Thomas More Christian Montessori School, commencing at the eastern edge of the existing driveway access to the school for a length of 28 metres, adjacent to the end of the existing kerb and gutter on the southern side of Lynjohn Drive, Bega.

Beach Street, Merimbula - On Street Parking Restrictions

1.         That Council approve the removal of the Coach Parking zone on the southern side of Beach Street, Merimbula located opposite 25 Beach Street, Merimbula.

2.         That Council approve the removal on the “No Parking” zone located on the northern side of Beach Street, Merimbula adjacent to 19-21 Beach Street, Merimbula.

3.         That Council approve an Accessible Parking Zone along the southern side of Beach Street, Merimbula, commencing at a point 243.5 metres from the intersection of Beach Street and Main Street, for a length of 7.5 metres.

4.         That Council approve the installation of the following No Stopping zones in the locations detailed below:

a)         Commencing at the eastern intersection point of Beach Street and Main Street, Merimbula:

i)          For a length of 73.5 metres along the eastern side of Beach Street, Merimbula; and

ii)         For a length of 10 metres easterly along the southern side of Main Street, Merimbula.

b)        For a length of 75 metres along the southern side of Beach Street, Merimbula, commencing at a point 145 metres from the intersection of Beach Street and Main Street.

c)         For a length of 34.5 metres along the southern side of Beach Street, Merimbula, commencing at a point 251 metres from the intersection of Beach Street and Main Street.

d)        For a length of 28.5 metres along the southern side of Beach Street, Merimbula, commencing at a point 335.5 metres from the intersection of Beach Street and Main Street.

e)        Commencing at a point on the western side of the intersection of Beach Street and Main Street:

i)          For a length of 94 metres along the western side of Beach Street; and

ii)         For a length of 10 metres westerly along the southern side of Main Street.

f)         Commencing at a point on the northern side of Main Street, opposite the intersection of Beach Street and Main Street:

i)          For a length of 29 metres westerly along the northern side of Main Street; and

ii)         For a length of 10 metres along the western side of Randolph Street, from its intersection with Main Street.

“Christmas on Imlay” – 15 December 2016

1.         That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9pm on Thursday, 15 December 2016 for the Eden Chamber of Commerce “Christmas on Imlay” event.

2.         That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce “Christmas on Imlay” event on Thursday, 15 December 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.

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

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

5.         That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

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

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

Tathra Wharf to Waves Bike Ride – 14 January 2017

1.         That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 14 January 2017 be approved.

2.         That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 14 January 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

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

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

5.         That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6.         That prior to conducting the event, organisers have written approval from NSW Police Force, NSW National Parks and Wildlife Service and Forestry Corporation NSW.

7.         That the organisers advertise the change to traffic conditions for the event.

8.         That local emergency services and transport operators be notified prior to the event.

Gipps Street, Bega – Accessible Parking Space

That Council approve the installation of two accessible parking spaces along with a shared zone, in the car park located off Gipps Street, Bega immediately adjacent to the car park entrance.

Swan Street, Bega – Load Limit

That Council approve the establishment of a three tonne load limit on Swan Street, Bega.

  

 


Council

12 October 2016

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

12 October 2016

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

13.1            Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Governance and Strategy Committee..................................................................................... 96

13.2            Committee and Panel Delegates and Representatives 2016/2017.................... 98

13.3            Councillor Development Program.................................................................... 101

13.4            Delegations Register - Part 1............................................................................ 105

13.5            Amendments to the Code of Meeting Practice................................................ 126

13.6            Gift Register - September 2015 to August 2016............................................... 154

13.7            Joint Organisation of Councils - "Getting the Boundaries Right" response to draft consultation paper................................................................................................................. 165

13.8            2016 Community Survey................................................................................... 174

13.9            Selection of Legal Panel Services...................................................................... 183


Council 12 October 2016

Item 13.1

 

13.1. Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Governance and Strategy Committee     

 

Election of Chairperson for the Governance and Strategy Committee.

 

General Manager  

 

Background

At the Council meeting on 28 September 2016 Council considered the Councillor Portfolios, Agendas and Reporting Themes, and adopted the following reporting areas for the Council Meeting Agenda. Council also resolved that these be considered in Standing Committees.

·    Staff Reports:  Planning and Environment (Sustainability)

·    Staff Reports:  Community, Culture and Leisure (Liveability)

·    Staff Reports:  Economic Development and Business Growth (Enterprising)

·    Staff Reports:  Infrastructure Waste and Water (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

 

Council’s code of meeting practice states (14.2) that the Mayor or a member of the committee elected by the Council; or the members of the committee will preside at meeting of the committee.

Council also noted the objective and Terms of Reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

The objectives and Terms of Reference for the Governance and Strategy Committee are:

Governance and Strategy (Leading Organisation)

Objective:

To shape an organisation that supports the agreed aspirations of the community within the capacity of the community and the capability of the organisation.

Terms:

Consider, review, prioritise and resolve:

·    Community Engagement Policy and Procedure, Community Strategic Plan, Delivery Plan, Operating Plan, Resourcing Strategy, Revenue Policy (including rates, fees and charges as included in the integrated planning and reporting process) and Annual Reports;

·    Function service standards, levels of service and hierarchies;

·    Policies, principles and guidelines relating to

o Corporate plan, media and communication, customer service, finance, human resources, information technology, administration, risk and insurance;

·    Organisation structure and staff resources;

·    Council’s Policies including the Code of Conduct, Code of Meeting Practice and related codes and policies;

·    External and internal audit;

·    Recommendations from related reference panels;

·    Minutes and recommendations from related advisory committees;

·    Related matters outside staff delegations.

 

Conclusion

Council needs to elect a Chairperson for the portfolio of Governance and Strategy Committee.

Attachments

Nil

 

Recommendation

That Cr (insert name) be delegated to facilitate and chair the Governance and Strategy (Leading Organisation) Committee.

 


Council 12 October 2016

Item 13.2

 

13.2. Committee and Panel Delegates and Representatives 2016/2017     

 

Council appoints its delegates/representatives to various Committees, Panels and Associations annually following the Mayoral election.

 

General Manager  

 

Background

Traditionally Council has appointed individual Councillors to represent Council on community committees and other organisations.  The table of recommendations in this report includes each of the committees/organisations to which Council should appoint delegates.

It is recommended Council determine the delegate/s and representative/s for the period until September 2018.

Section 355 of the Local Government Act 1993 (S355) Committees and Advisory Committees

S355 and Advisory Committees are established by Council to perform certain functions on behalf of Council. These may include management of assets, performance of services, or joining with other organisations to provide large scale services or projects.

S355 and Advisory Committees are obliged to observe the adopted Code of Meeting Practice, and where appropriate, members nominate areas of pecuniary interest. The Committees, through Council officers, must publish Agendas and Minutes on Council’s website which are accessible to the public under Government Information Public Access Act (GIPA) legislation. Relevant recommendations of these Committees, relating to financial, asset or policy matters, are reported through Council officers to Council meetings for consideration.

Reference Panels

Reference Panels are appointed by Council, from time to time, with representatives of community and other stakeholders or agencies with relevant expertise, influence or interest in strategic areas, as a sounding board in the development of strategies or plans, or to monitor progress against these strategies and plans.

Committee Chairs and relevant officers participate in meetings of any such constituted panel, and incorporate key opinions and advice of those panels into officers or delegates reports to Council.

Local Government bodies

Council is a member of a number of peak local government bodies. The Mayor is the nominated representative to regular events and meetings held by these organisations with other Councillors able to attend conferences as resolved by Council.

Statutory Appointments

Some delegates to organisations other than Council Committees are made by Ministers.  These appointments are personal appointments and cannot be altered by the Council. Should a Councillor not be re-elected, the Minister will make an alternate appointment, seeking Council’s advice. Councillors may wish to nominate alternate delegates for some committees.

 

Council Section 355 Committee/Panel

 Delegate/Representative 2015/16

Delegate Representative 2016/17

Access Committee

Cr Tapscott

 

Coastal Planning and Management Panel

Crs Hughes and Taylor

 

General Cemetery Management Committee

Cr Tapscott

 

General Halls Management Committee

Cr Mawhinney

 

General Sportsground Committee

Crs Britten and Allen

 

Internal Audit Committee (will now be formed as Audit, Risk and Improvement Committee)

Cr Mawhinney (Chair of the Governance Committee)

Recommend Chairs of Governance and Finance

Bega Valley Medallion Committee

Cr Britten (Mayor)

 

 

Internal or Community Committee/Panel

Delegate Representative 2015/2016

Delegate Representative 2016/17

Bega Valley Shire "On Track" Committee

Cr Seckold

 

Central Waste Facility Community Consultation Committee (CWFCCC)

Crs Britten and Taylor

 

Community Environment Grants Committee

Crs Hughes and Taylor

 

Heritage Grants Committee

Crs Hughes and Seckold

 

Integrated Water Cycle Management Reference Panel

Crs Hughes and Taylor

 

Internal Finance Committee

Chair – Cr Britten (Mayor) and all Councillors

 

Local Traffic Committee & Traffic Development Advisory Committee

Cr Fitzpatrick

 

Police Liaison Committee

Cr Britten (Mayor)

 

 

External Groups Committee/Organisation

Delegate Representative 2015/2016

Delegate Representative 2016/17

Australian Coastal Councils Association Inc

Cr Britten

 

Batemans Marine Park

Cr Hughes

 

Bega Valley Bush Fire Management

Cr Tapscott

 

Bega Valley Business Forum

Cr McBain, Cr Britten (alternate)

 

Biamanga National Park

Cr Hughes, Cr Mawhinney (alternate)

 

Country Mayor’s Association

Mayor – Cr Britten

Mayor Cr McBain

Local Government NSW (Council has 3 voting delegates at conference)

Conference: Cr Britten, Cr McBain and Cr Seckold as resolved 22 July 2015
Other LGNSW meetings Mayor

Mayor, Crs Dodds, Griff, Nadin, Tapscott – Annual Conference; resolved 28 September 2016

Mayor  other LGNSW forums/meetings

Mumbulla Foundation

Cr Taylor

 

NSW Public Library Association

Cr Mawhinney

 

Sapphire Coast Tourism Limited Board

Cr Tapscott

 

South East Arts

Cr Mawhinney

 

South East Australian Transport Strategy (SEATS)

Cr Fitzpatrick (Chair Infrastructure Committee)

 

South East Joint Organisation of Councils (if/when constituted) OR Canberra Region Joint Organisation OF Councils (CRJO)

Council joined CBRJO September 2016

Mayor (alternate Deputy Mayor as per the proposed legislation)

South East Regional Academy of Sport (SEARS)

Cr Seckold

Due identified governance issues SERAS is in a period of re-writing their Constitution and will be aiming for a skills based Board into the future. It is recommended not to appoint a representative at this time

Southern Joint Regional Planning Panel

Cr Taylor, McBain,

Alternate:  Cr Fitzpatrick and Britten

 

 

 

Attachments

Nil

 

Recommendation

1.      That Council note the definitions and purpose of committees, panels, and statutory appointments.

2.      That Council confirm the delegates and alternates to committees, panels and organisations as outlined below:

         <insert table listing names of delegates>

3.      That all the committees and organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and invitations, directly to the Council appointed delegates

 


Council 12 October 2016

Item 13.3

 

13.3. Councillor Development Program     

 

This report outlines the proposed Councillor Development Program for the 2016/2017 year.

 

General Manager  

 

Background

Councillors are afforded the opportunity for training and development through consultation with the General Manager. Changes to the Local Government Act 1993 are proposed which will mandate development of a continuing professional development plan for Councillors. Good governance practice supports ongoing, professional development as critical to improving organisational and governance performance.

Training and development opportunities, as well as attendance at seminars and conferences are required to be reported to Council and for Council to resolve which Councillors will attend as Council’s representatives. 

It has been identified that providing a Councillor Development Program (CDP) for the full year in advance will enable most training and development opportunities to be reviewed by Councillors in one instance, therefore eliminating the repetition of resolving attendees to these programs/conferences at separate Council meetings.  This process also allows for staff to ensure early bird booking discounts for events well in advance. Other opportunities that may arise during the year that have not been identified in this report can be reported to Council on a case by case basis.

Councillor Development Program

A proposed CDP has been developed for the coming twelve months.  A full Induction Program has commenced covering the period between September and December 2016. Councillors will initially also attend briefings on a weekly basis where a range of induction information will be provided to them.

Councillors will also attend facilitated induction/training related programs, covering more detailed induction information.  These programs are:

Bega Valley Shire and Eurobodalla Shire Councillors – Hit the Ground Running

Wednesday 26 October, 2016 - Office of Local Government and Local Government NSW “Hit the Ground Running” Workshop, Moruya. All Councillors are able to attend this event.

Bega Valley Shire and Eurobodalla Shire Councillors – risk, planning

Wednesday 9 November, 2016 - Training and induction covering risk, planning and Councils working together

Bega Valley Shire Councillors and Senior Officers

Monday 14 and Tuesday 15 November 2016 – in Eden, facilitated by Cheryl Gilroy from People Dynamics

·    Working together for Strategic and Policy Outcomes

Bega Valley Shire and Eurobodalla Shire Councillors and approved Senior Staff

Tuesday 29 and Wednesday 30 November 2016 – In Narooma, facilitated by the Australian Institute of Company Directors (AICD).  This program will cover:

·    Role of Council and Councillors

·    Leadership - the Councillors Role

·    Risk issues for Councillors

·    Introduction to Financial Information for Councillors

Going forward, the CDP will utilise in-house, Office of Local Government (OLG) and Local Government NSW (LG NSW) resources and programs.

Four Councillors will join the Mayor and General Manager in attending the Local Government NSW (LGNSW) Annual Conference in Wollongong from Sunday 16 October to Tuesday 18 October, 2016.

Councillor Delegate and Representatives Appointments

At the Council Meeting on 12 October 2016, the delegates and representatives for Council Committees and Panels will be resolved.

The CDP has identified the conferences/forums these delegates should be nominated to attend.  The list of conferences/forums is detailed in the table below: 

Date

Program

Attendees

Status

16-18 October 2016

Local Government NSW Conference, Wollongong

Crs  McBain, Dodds, Griff, Nadin, Tapscott

General Manager

Resolved 28/9/16

26-30 October 2016

Regional Arts Conference/Festival (Artlands) Dubbo

Recommend delegate to South East Arts (SEA) attend; note clashes with “Hit the Ground Running: OLG/LGNSW event in Moruya

 

9-11 November,

2016

NSW Coastal Conference, Coffs Harbour

Recommend Chair of Planning & Environment - note day one clashes with Induction session in Moruya

 

10-11 November 2016

International Cities Town Centres and Communities Society Conference, Launceston, Tasmania

Recommend Chair of Planning & Environment or Chair Economic Development

 

22-24 November 2016

NSW State Library Conference

Ulladulla

Recommend delegate to NSW Public Library Association; note clashes with Council meeting on 23 November

 

Not confirmed for 2016/17

Australian Public Sector Anti-Corruption Conference

Recommended Chair of the Governance Committee/Internal Audit Committee

 

12-14 March 2017

LG NSW Tourism Conference, Taree

Recommend Chair Economic Development Committee&/or SCT delegate

 

March 2017

 

Australian Local Government Women’s Association

Venue to be advised

Open to female councillors

 

May 2017

Australian Coastal Councils' Conference, Queensland

Previously several Councillors have attended, previous Mayor attended in 2016 as a Board member

18-21 June 2017

 

Australian Local Government Association National General Assembly Canberra

Mayor and Councillors to be nominated

 

 

Financial

The 2016/17 Budget provides for $110,000 for elected officials induction, training, development and conference attendance.  This covers Councillor Professional Development and delegate’s expenses (for attending conferences and meetings in their role as Councillors).

This budget amount will include any costs for Councillors attendance at meetings as committee delegates, as resolved following the scheduled report to Council on 12 October 2016 “Committee and Panel - Delegates and Representatives”.

Conclusion

Attendance at key local government and topic specific conferences are an important part of developing Councillor skills, knowledge and contacts. The planned Induction Program in concert with attendance at conferences or other events plays a key role in this. Councillors should aim to continually improve their understanding of emerging trends, issues, challenges and opportunities that may now, and into the future affect, the Bega Valley Shire Council and community.

 

Attachments

Nil

 

Recommendation

1.         That Council note the Councillor Development Program for 2016/17.

2.         That Council agree the number of delegates to represent Council at the nominated conferences/forums as follows:

Date

Program

Attendees

Status

16-18 October 2016

Local Government NSW Conference, Wollongong

Crs  McBain, Dodds, Griff, Nadin, Tapscott

General Manager

Resolved 28/9/16

26-30 October 2016

Regional Arts Conference/Festival (Artlands) Dubbo

 

 

9-11 November, 2016

NSW Coastal Conference, Coffs Harbour

 

 

9-11 November 2016

International Cities Town Centres and Communities Society Conference, Launceston, Tas

 

 

22-24 November 2016

NSW State Library Conference

Ulladulla

 

 

Not confirmed for 2016/17

Australian Public Sector Anti-Corruption Conference - Venue yet to be advised

 

 

12-14 March 2017

LG NSW Tourism Conference, Taree

 

 

March 2017

Venue to be advised

Australian Local Government Women’s Association

 

 

May 2017

Australian Coastal Councils' Conference, Queensland

 

18-21 June 2017

 

Australian Local Government Association National General Assembly Canberra

 

 

 


Council 12 October 2016

Item 13.4

 

13.4. Delegations Register - Part 1     

 

Part 1 of Council’s Delegations Register is required to be regularly reviewed.

.Executive Manager Organisational Development and Governance  

 

Background

As part of its requirement under the Section 377 of the Local Government Act (1993) (the Act), Part 1 of Council’s Delegations Register was reviewed and updated to incorporate a number of required changes in December 2014. Part 1 of the Register includes delegations to the following individuals/parties:

i.    Councillors

ii.   The Mayor

iii.  Standing Committees

iv.  Section 355 Committees

v.   Council community committees

vi.  The General Manager

Part 1 sets out the general powers of the Council to delegate in accordance the Act.  A copy of Register is attached to this report.  Once considered and adopted by Council, a copy of the Part 1 Register of Delegations will be made available to all stakeholders by way of uploading onto  Council’s webpage.

Part 2 of the Delegations Register, which sets out the delegations of staff is currently under review. The Part 2 Register will align with Part 1 as well as any relevant legislative requirements and Council Policy.

Since 2012 Local Government Election, Council has formally reviewed and adopted annually the Part 1 Delegations Register following the annual Mayoral Election. 

Issues

Policy

The Part 1 Delegations Register document attached has been updated as of 28 September 2016. 

The Executive Manager, Organisational Development and Governance is responsible for instigating an internal quarterly review of the Delegation Registers and updating any necessary changes (relating to staff positional changes, legislative or other types of changes).  The review is coordinated in consultation with the Governance Coordinator, who oversees the review of all corporate documents, including the Delegations Registers.

To facilitate the maintenance and review of the Delegation Register, the document is included in Council’s Document Control Register, which records pertinent details of corporate documents such as creation date, version number, review date and responsible personnel. 

Conclusion

The review and maintenance of Council’s Part 1 and Part 2 Delegation Registers is a high priority for the Council and  has been incorporated into its document control register.  A system of review has been established to facilitate the quarterly review of Council’s Delegation Register.

Minor changes to the document have been required since it was last adopted by Council in 2015. 

The updated Part 1 Register of Delegations document is presented at this meeting for adoption by Council.

 

Attachments

1.            Register of Delegations Part 1

 

Recommendation

That Council note and adopt the updated Part 1 Delegations Register.

 


Council

12 October 2016

Item 13.4 - Attachment 1

Register of Delegations Part 1

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 12 October 2016

Item 13.5

 

13.5. Amendments to the Code of Meeting Practice     

 

Council is required to regularly review its Code of Meeting Practice.

 

General Manager  

 

Background

Council last reviewed its Code of Meeting Practice in September 2015 and included all required changes relating to live streaming.  The Code of Meeting Practice has been amended to reflect the Order of Business adopted by Council on 28 September 2016 and to allow for inclusion of preferred meeting dates and times following a survey of newly elected Council.

Consultation

The purpose of the survey of Councillors was to ensure equitable access to attend Council meetings and briefings by all elected representatives.  The proposed dates and times should also be chosen to facilitate attendance by the community at Council Meetings, noting that the meetings are also live streamed, with the recordings available for viewing within 3 days of the Council meeting.

The input from Councillors has confirmed that Wednesday is the preferred meeting and briefing day with all respondents noting that the current day continue (8 Councillors responded). Proposed times for the commencement of meetings ranged from remaining as it is at 2.00pm, commencing earlier at 1.00pm and moving to 4.00 or 5.00pm. The current Code of Meeting Practice allows for a maximum meeting time of 5 hours and 15 minutes (this include a 45 minute extension). A 4.00pm start with public forums at 3.00pm when held would mean the latest finish time would be 9.15pm, a 5.00pm start would extend this to 10.15pm.

Council has since 2002 commenced meetings at 6.00pm, 4.00pm and more recently 2.00pm. One of the reasons for the move earlier was the distance a number of the Councillors travel home which with the later start in winter necessitates travel in the dark and with increased wildlife.

A copy of the amended Code of Meeting Practice is attached.  It is proposed to exhibit the draft changes to the Code of Meeting Practice, as required, for a period of 28 days, to allow for public comment.  Submissions will be received for 42 days from the commencement of the exhibition period.

Financial

Councillors asked that they be apprised of any cost implications of moving to a later commencement time. All senior officers who attend Council meetings regularly are on contract and do not incur overtime costs. Technical officers who are required to attend to present advice or clarification on technical matters in reports would be able to negotiate for a later start and finish time, time in lieu or overtime. Executive Support staff would attend with an overtime cost.

Conclusion

It is appropriate Council conduct regular reviews its Code of Meeting Practice to ensure compliance with current legislation and practice.

 

Attachments

1.            Revised procedure 5.02.2 Code of meeting practice version 9

 

Recommendation

1.         That the revised Code of Meeting Practice be placed on public exhibition for a period of 28 days with submissions to be received for 42 days.

2.         That following exhibition and receipt of submissions the revised Code of Meeting Practice be reported to Council for adoption.

3.         That proposed dates and times for Council meetings in 2017 be reported to Council for adoption at the meeting on 14 December 2016.

 


Council

12 October 2016

Item 13.5 - Attachment 1

Revised procedure 5.02.2 Code of meeting practice version 9

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 12 October 2016

Item 13.6

 

13.6. Gift Register - September 2015 to August 2016     

 

Council is required to report on Council’s Gift Register under Council’s Code of Conduct.

 

General Manager  

 

Background

Council’s Code of Conduct - Gifts and Benefits requires Councillors and Council officers to declare on Council’s Gift Register, any token gifts or benefits received by them during the course of their work/activities with Council.

The Register is maintained by Council’s Executive Assistants and a copy of Declarations made in the preceding 12 months is attached (Attachment 1).

Issues

Legal

It is a requirement of the Office of Local Government, for all Councils to have a Gift Register and for this Register to be available for inspection.

Policy

The Model Code of Conduct for Councils in New South Wales, adopted by Bega Valley Shire Council states:

Personal Benefit

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

Gifts and benefits

You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits

Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

·   the discussion of official business

·   council work related events such as training, education sessions, workshops

·   conferences

·   council functions or events; and

·   social functions organised by groups, such as council committees and community organisations.

b) invitations to and attendance at local social, cultural or sporting events;

c) gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address);

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers;

e) prizes of token value;.

Gifts and benefits of value

Gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

How are offers of gifts and benefits to be dealt with?

You must not:

·   seek or accept a bribe or other improper inducement;

·   seek gifts or benefits of any kind;

·   accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty;

·   accept any gift or benefit of more than token value;

·   accept an offer of cash or a cash-like gift, regardless of the amount.

For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

Improper and undue influence

You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

Conclusion

The Gift Register has been maintained and is an accurate record of declarations of any token gifts or benefits received by Councillors and staff.  Non-token gifts are held for the benefit of the Goodwill Committee to raise fund for local charities.

 

Attachments

1.            Attachment Gift Register - September 2015 to August 2016 - Ordinary Council Meeting 12 October 2016

 

Recommendation

That Council note the Gift Register activities since September 2015.

 


Council

12 October 2016

Item 13.6 - Attachment 1

Attachment Gift Register - September 2015 to August 2016 - Ordinary Council Meeting 12 October 2016

 


 


 


 


 


 


 


 


Council 12 October 2016

Item 13.7

 

13.7. Joint Organisation of Councils - "Getting the Boundaries Right" response to draft consultation paper     

 

The final boundaries model for new Joint Organisations of Councils has been released and Councils have been requested to make submissions by 27 October 2016

 

General Manager  

 

Background

Bega Valley Shire Council (BVSC) was a member of Southern Council’s Group (SCG) (a regional organisation of councils (ROC)) until 30 June 2015 and had some strategic relationships and projects with the former South East Regional Organisation of Councils (SEROC). SCG was wound up when the Illawarra Pilot Joint Organisation (IPJO) was identified as a pilot in the current program of rolling out the Joint Organisation (JO) model across regional NSW. SEROC has also reformed to the Canberra Region Joint Organisation (CBRJO). BVSC progressed development and implementation of a Memorandum of Understanding with Eurobodalla Shire Council in 2015 and resolved to join the CBRJO in July 2016.

The NSW State Government’s concept of JOs is to allow for delivery of three core functions through a shared model, helping to strengthen collaboration to deliver better community outcomes. BVSC will still be able to work together with other councils with common interest for example the coastal councils from Wollongong to the Victorian border have agreed to meet together twice a year to look at common issues and opportunities. BVSC also meets once a year with East Gippsland Shire Council in relation to cross border issues.

In the original Local Government Reform, Fit for the Future proposal, BVSC is identified as a member of the South East JO (Bega, Eurobodalla, and the former Bombala, Snowy River, Cooma-Monaro - merged, Queanbeyan and Palerang - merged Councils). A number of Office of Local Government (OLG) led workshops on the pilot JOs have been held and a number of discussions papers released. One of BVSC’s Fit for the Future actions was to be an active and effective member of the South East Joint Organisation (SEJO).  Council’s previous submissions have supported membership of this JO which is not in the revised discussion paper.

The OLG has now released the “Joint Organisations – Getting the Boundaries Right” discussion paper as the last input into the discussion. It outlines the three key roles of JOs as:

·    Regional strategic planning and priority setting;

·    Intergovernmental collaboration;

·    Regional advocacy and advocacy.

The amended proposed boundaries are also included in the discussion paper with BVSC now proposed as a formal member in the larger CBRJO. The other members are:

·    Eurobodalla;

·    Goulburn-Mulwaree;

·    Hilltops (Young, Harden, Boorowa);

·    Queanbeyan-Palerang;

·    Snowy Monaro (Bombala, Cooma-Monaro, Snowy River);

·    Upper Lachlan;

·    Yass Valley;

·    Wingecarribee.

 

The key objectives of the current CBRJO are:

·    Regional economic development and tourism;

·    Regional infrastructure;

·    Regional planning.

The General Manager and officers have been participating in the working parties of the CBRJO.

Importantly it is becoming more obvious the NSW State Government is working to re-align State agency boundaries to those of the proposed JOs. This has significant benefit and allows for clear feeding up of local priorities in a consistent manner. For example the South East Regional Plan reflects the CBRJO boundary. More work is expected in this area.

Council is now required to consider making a submission relating to the proposed boundaries.

The discussion paper released indicates that a number of councils commented that larger JOs, perhaps with sub-regional arrangements, would be a model which could deliver resourcing cost reductions and accommodate existing council relationships.

The boundary criteria as outlined by the OLG are that each JO should:

·    Align or ‘nest’ within strategic planning boundaries;

·    Demonstrate clear community of interest between member councils and regions;

·    Not adversely impact on other councils of JOs, for example, leaving too few councils to form a JO;

·    Be based around a strong regional centre, where possible;

·    Be of appropriate scale and capacity to partner with the NSW Government; Commonwealth Government and other parties.

Issues

Legal

JOs will be established by legislation with determined Council membership. It is now expected the enacting legislation will be considered in December 2016 with formal implementation in early 2017.  Councils will be required to participate in the three core activities but may opt in or out of other activities. Councils will participate jointly in determining the structure, priorities and operating models for the JO.

The Australian Capital Territory (ACT) has been an active member of the CBRJO however due the JO s being established by NSW legislation they have now moved their membership to Associate Member and a Memorandum of Understanding has been signed between the CBRJO and the ACT Government.

Currently CBRJO is auspiced by Queanbeyan-Palerang Regional Council with staff engaged under contract. Member Councils pay a membership fee based on size. The proposed legislation will determine the legal status of the new organisations and the current arrangement will cease.

Strategic

Economic

BVSC is currently involved in a number of projects with the ACT Government and the CBRJO particularly relating to local economic development and tourism with one key focus the opening of the international routes through Canberra Airport.  There are also several procurement initiatives that BVSC is participating in.

Operational Plan

BVSC has currently identified in its forward planning it will participate in a JO when the boundaries are finalised by the NSW State Government

Environmental / Sustainability

BVSC participates in a waste program with the CBRJO and weeds activities in the region. Work is currently being undertaken on a regional waste strategy and procurement guidelines in the area linked to member Councils' strategies.

Asset

It is critical that major regional infrastructure items are included in State plans and the JO model will be the main avenue for progressing consideration of these by the NSW State Government.

A tool is being trialled for all key member Councils' infrastructure projects to be documented.

Social / Cultural

JOs are expected to reflect a community of interest where member Councils and the local communities they serve share common or closely related interests and goals. Specifically for this proposed region the realignment of State agencies to reflect the CBRJO is important. The need to look at sub-regions to ensure the coastal members can follow their issues through to government should at least be considered. Clearly there is seen to be a strong link to the ACT from the region identified in the CBRJO and whilst this is somewhat true for the Bega Valley Shire there needs to be careful consideration to ensure that our own unique local identity is not lost or swamped.

Eurobodalla Shire Council and BVSC are the only two coastal councils in the proposed membership with Snowy Monaro covering the mountains.

Consultation

BVSC has previously outlined their position in relation to JOs during the community consultation relating to the Fit for the Future process last year. BVSC has also received four reports on JOs and made submissions relating to membership of the recommended SEJO. This has been made to government on two occasions. The broader model membership now proposed includes the boundaries of the SEJO together with additional members.

Submission Points:

The some proposed draft comments against the boundary criteria as outlined by the OLG are that:

·    Align or ‘nest’ within strategic planning boundaries – there is now clearly a common strategic planning boundary as outlined in the draft South East Regional Plan prepared by Planning NSW;

·    Demonstrate clear community of interest between member Councils and regions – there are a number of overlays of community of interest and some significant differences or lack of common interest. This will need to be carefully handled in the governance and framework for the new organisation. The proposal to ensure that a model with sub-regional groups (perhaps with Eurobodalla and Snowy Monaro as our zone) should be included;

·    Not adversely impact on other councils of JOs, for example, leaving too few councils to form a JO – not applicable;

·    Be based around a strong regional centre, where possible – there are a number of regional centres in the proposed CBRJO with a focus through, associate membership, of the ACT. The proposed model would need to be able to demonstrate that this did not overshadow the Councils with diminishing links to the ACT. The name Canberra Region also sits oddly with a NSW group of organisation;

·    Be of appropriate scale and capacity to partner with the NSW Government, Commonwealth Government and other parties – the larger body does allow for this to occur.

Financial and Resources

Each newly constituted JO will be granted $300,000 from the NSW Local Government Reform package. It is unclear at this time that as the proposed model for our area includes two and parts of other proposed JOs if this will be increased.

BVSC has already paid its membership for the six months to December 2016.

Funding source

 

Amount

Memberships of regional organisation of councils

$

$30,000

Under the proposed legislation, the Mayor will be the member of the new JO Board, and in their absence the Deputy Mayor. The General Manager will be the member of General Manager Advisory Committee. Various BVSC officers will act as liaison to working parties covering topics such as planning, infrastructure, economic development, procurement. Again it will be important to ensure that resources are appropriately allocated and the new body is not allowed to become another level of government. Clearly this is not the NSW State Government’s objective but will need to be carefully monitored.

Conclusion

A submission is due on BVSC’s position relating to the proposed JO boundaries outlined in the State Government’s discussion paper.

BVSC has previously stated its preference for the SEJO. Submissions have been made on this on two occasions and it is included in the Fit for the Future proposal.

The new model of the larger CBRJO is now listed as the Government’s preferred model.

Possible submission comments against the criteria could include:

·    Align or ‘nest’ within strategic planning boundaries – there is now clearly a common strategic planning boundary as outlined in the draft South East Regional Plan prepared by Planning NSW;

·    Demonstrate clear community of interest between member Councils and regions – there are a number of overlays of community of interest and some significant differences or lack of common interest. This will need to be carefully handled in the governance and framework for the new organisation. The proposal to ensure that a model with sub-regional groups (perhaps with Eurobodalla and Snowy Monaro as our zone) should be included;

·    Not adversely impact on other Councils of JOs, for example, leaving too few Councils to form a JO – not applicable;

·    Be based around a strong regional centre, where possible – there are a number of regional centres in the proposed CBRJO with a focus through, associate membership, of the ACT. The proposed model would need to be able to demonstrate this did not overshadow the Councils with diminishing links to the ACT. The name Canberra Region also sits oddly with a NSW group of organisation.

·    Be of appropriate scale and capacity to partner with the NSW Government, Commonwealth Government and other parties – the larger body does allow for this to occur.

 

Attachments

1.            Joint Organisations Getting the boundaries right 2016 paper and map

 

Recommendation

That Council consider its position on the Joint Organisation Model proposed by the NSW State Government and advise officers as to key items for inclusion in any submission.

 


Council

12 October 2016

Item 13.7 - Attachment 1

Joint Organisations Getting the boundaries right 2016 paper and map

 


 


 


 


Council 12 October 2016

Item 13.8

 

13.8. 2016 Community Survey     

 

IRIS Research has been engaged to independently conduct the fourth Community Survey on behalf of Bega Valley Shire Council. 

 

Director Strategy and Business Services  

 

Background

Bega Valley Shire Council (Council) has engaged IRIS in the delivery of a Community Survey to measure the community's perception of the importance of Council services, Council’s performance in the delivery of key services and facilities, and customer service.   The results will enable Council to identify priority action areas for the delivery of Council services and facilities in the Bega Valley Shire over the next 5 to 10 years.

The Community Survey is an important informing document to the Community Strategic Plan review.  The Community Strategic Plan review involves the review and development of the following key areas:

Community Strategic Plan – The Community Strategic Plan is the aspirational plan of the community.  It sets the long term ambitions for our community and is a document that is owned by the community.  The Community Strategic Plan, although facilitated and held administratively by Council, is not a Council plan.  The Community Strategic Plan captures the long term goals of our community, of which many are not within the responsibility of Council delivery.  Work is currently underway with the community in the development of the next Community Strategic Plan.

Delivery Plan – The Delivery Plan is a statement of commitment to the community from each newly elected Council.  The Delivery Plan outlines the four year actions to be achieved by Council during its term, and identifies how these actions support the broader community ambitions within the Community Strategic Plan.  The Delivery Program is the point where the Council takes ownership of working towards Community Strategic Plan objectives that are within the area of Council responsibility.

To enable effective decision making on the direction and commitment for the next Delivery Plan, a balanced understanding of community satisfaction and expectations on Council’s service delivery is required. The Community Survey provides validated insight into community expectations to enable informed Council discussion on current service areas and levels of service. The data collated from the survey will directly inform the next stage of Council's Community Strategic Plan review, particularly the targeted engagement stage, in both the topics targeted and the people participating.

The Community Survey will compliment research work recently completed including the Micromex Bega Valley Shire Customer Satisfaction Survey completed as part of the review of Council’s Development Assessment Services and the Regional Wellbeing Survey conducted by the Centre for Research and Action in Health at Canberra University. The reports from both these research projects will assist frame various aspects the Council’s future planning.

As part of the survey, IRIS Research will also ask respondents if they wish to participate in more targeted discussion groups. It is expected Councillors will have direct involvement in those groups later in the year. 

Through the delivery of the Community Survey, on behalf of Council, IRIS will:

·    Gather statistically accurate data from the community regarding:

•      Current level of satisfaction with Council’s performance overall

•      Current levels of satisfaction with and usage levels of Council provided services and facilities

•      Relative importance of Council provided services and facilities

•      Current level of satisfaction with customer service from Council staff

•      Council communication methods

•      Perceptions of safety.

·    Benchmark levels of satisfaction where applicable against the results of the 2006, 2009 and 2012 Customer Surveys and other comparable Local Government areas in NSW to provide performance trend analysis.

·    Provide Council with data regarding:

•      What are the current levels of importance of and satisfaction with the services and facilities provided by Council

•      Which Council services and facilities are in the most need of attention

•      Which Council services and facilities are the key drivers of satisfaction or dissatisfaction with Council

•      In what Council services and facilities is there a gap between the level of customer expectations of service and the organisation’s level of service delivery

•      How customer satisfaction levels compare with previous Customer Satisfaction Surveys and other comparable Local Government areas in NSW.

•      How safe people currently feel in their area

•      How people currently receive information from Council and what methods they would prefer to use.

Council requires a statistically valid number of responses relative to its population to demonstrate validity of responses.  To enable this, the Survey Methodology will provide a valid sample proportionate to the composition of the local community with respect to age, gender, ethnicity in accordance with the most recent Australian Bureau of Statistics (ABS) Census, appropriate samples of each of the five districts within the Shire, and appropriate samples of urban, village and rural areas.

The Survey will be delivered in late October 2016 to enable a report to Council by the end of the 2016 calendar year.

Public and agency information sessions will be delivered by IRIS to provide opportunities to explain the methodology and results, and to enable Council to have informed discussion with our community.  The delivery date of these sessions will be planned for late 2016 or early 2017 with dates to be determined by Council based on the most appropriate timing for the broader community.

Issues

Strategic

The results of the Community Survey will provide Council with valuable insight in identifying priority action areas for the delivery of Council services and facilities in Bega Valley Shire over the next 5 to 10 years.  The survey is an important input into the Community Strategic Plan review and will provide the newly elected Council with a balanced view of the community’s expectations and satisfaction with regards to the services offered by Council.

Operational Plan

The delivery of the Community S Survey has been identified in the 2016-17 Annual Operational Plan: LO3.2.2.1 ‘Undertake Community Satisfaction Survey to develop understanding of community satisfaction and expectations, supporting the development of the Community Strategic Plan review’

Consultation

The Community Survey is delivered independently by phone, with IRIS Research utilising samples proportionate to the composition of the local community with respect to age, gender, ethnicity in accordance with the most recent ABS Census. It also provides appropriate samples of each of the five districts within the Shire, and appropriate samples of urban, village and rural areas.

IRIS Research will provide Council with the facility for residents to undertake the Bega Valley Shire Council Community Survey 2016 online. This will allow any interested eligible local resident to partake in the Community Survey.

A limitation of an online study is the inability to ensure representation and prevent the same respondent completing the interview multiple times. For this reason, the data obtained by the online survey will not be included in the analysis of the main Survey collected using the CATI methodology. IRIS Research will provide the raw dataset for Council’s use as well as a high-level Online Community Survey Summary Report.

Financial and Resources

The Community Survey is an identified and budgeted item within the 2017 Annual Operation Plan and Budget.

A Request for Quote (RFQ) was issued to five potential providers.  From these five, one quote was received, from IRIS Research.  IRIS has delivered the four previous Surveys for Bega Valley Shire Council.  The quote received was in line with budget expectations and was approved under delegation.

Funding source

 

Amount

General Revenue – IPR Budget

$

40,310.88

Conclusion

The Community Survey 2016 will measure the community's perception of the importance of Council services, Council’s performance in the delivery of key services and facilities and customer service.   The results will enable Council to identify priority action areas for the delivery of Council services and facilities in Bega Valley Shire over the next 5 to 10 years.

The attachment shows proposed survey questions by service area for Council consideration.

The Survey will be delivered in late October 2016 to enable a report to Council by the end of the 2016 calendar year.

 

Attachments

1.            Proposed 2016 Community Survey

 

Recommendation

That Council to note the independent delivery of the Community Survey 2016 by IRIS Research.

 


Council

12 October 2016

Item 13.8 - Attachment 1

Proposed 2016 Community Survey

 


 


 


 


 


Council 12 October 2016

Item 13.9

 

13.9. Selection of Legal Panel Services     

 

Approval is sought to establish a new Legal Services Panel based on information submitted to Council as part of the Request for Tender (RFT) 52/16.

 

Executive Manager Organisational Development and Governance  

 

 

 

Background

The Request for Tender (RFT) 52/16 – Provision of Legal Services was advertised through Council's e-Tendering website, as well as the Sydney Morning Herald, Bega District News, Merimbula News Weekly, and Eden Magnet newspapers. 

The purpose of the RFT was to establish a panel of preferred legal firms who have the capacity and expertise to provide Council with legal services in the areas of:

·    General advice about the Local Government Act (NSW) 1993, as well as other relevant legislation and issues affecting the administration of Council such as Privacy, Access to Information, Public Interest Disclosure investigations, and Code of Conduct investigation;

·    Conveyancing;

·    Complex commercial and/or property related projects and ventures;

·    Preparation or review of relevant documents;

·    Environmental planning and assessment;

·    Local government prosecutions;

·    Industrial relations and human resource matters;

·    Applications for injunctions;

·    Litigation matters;

·    Telephone advice for urgent and general matters;

·    Ability and preparedness to attend Council premises to deliver in-house training;

·    Contract dispute resolution.

The following criteria were used to assess the written submissions and each Tenderer’s capacity to deliver the Key Result Areas (KRAs) outlined in the Service Requirements section:

·    Experience and Expertise in Local Government:

Curriculum Vitae (CV’s) of relevant partners and staff;

Experience in relevant areas;

Current local government clients and/or expertise in local government matters;

Current relevant, non-local government clients.

·    Customer service:

Ability to provide advice promptly;

Availability of partners and other staff;

Ability to provide solutions that may go beyond written advice.

·    Fees:

Standard hourly rates for services;

Services offered for which no fee, fixed fees and a ceiling on maximum amount will be charged;

Methods of charging as negotiated to suit the circumstances;

Circumstances in which standard fees will be discounted and by how much;

The circumstances in which cost agreements will be entered into and which will disclose all disbursements and fees;

The nature of other fees and disbursements that may be charged.

The RFT closed on Wednesday 22 June 2016.  Twelve tender responses were received.  No late tenders were received.  Inclusion to Council’s preferred list does not guarantee exclusivity of engagement. Council may engage services of other providers where and if necessary.

Issues

Legal

No member of the Tender Evaluation Panel declared a pecuniary interest or personal interest in the tenders submitted.  The evaluation has fully complied with the Local Government Act (NSW) 1993 and Regulations in relation to tendering. 

It should be noted Council has traditionally appointed a Legal Services Panel for a period of five years.

As Bega Valley Shire Council is now part of the Canberra Regional Joint Organisation group of Councils (CBRJO), one of the procurement related efficiency initiatives likely to be investigated within a short period of time may be the establishment of a CBRJO Legal Services Panel.  Should a CBRJO Legal Services Panel be established within the next five years, it is our intention to write to successful tenderers on Council’s Legal Services Provider Panel and advise them this Panel will be for a five year period, or until such a period of time as any CBRJO Legal Services Panel is formally established and operationalised (whichever is the lesser).

Financial and Resources

Expenditure for the 2015/16 financial year in relation to various legal matters, not including debt recovery, by or against Council was approximately $152,977.00.  In regards to the 2016/17 financial year Council aims to keep expenditure on legal proceedings to a projected amount within five percent of the previous years’ total.  The projected amount is stated in the table below.

Funding source

 

Amount

General budget

$

160,650.00

Conclusion

The Tender Evaluation Panel has sought to ensure all areas of speciality required of Council’s legal service providers as well as Council’s ability to ensure timely provision of its services generally will be catered for.

The firms recommended for appointment to the Panel will ensure all areas of speciality of legal services, including specialist planning law services, will be adequately catered for, including local representation.

This report provides information about the Tender Evaluation process (RFT 52/16), advice by way of Confidential Memorandum on assessment of the received tenders and provides recommendations for Council to consider.

 

 

Attachments

1.            Confidential Memo - Legal Panel Services selection (Councillor Only) (Confidential)

 

Recommendation

1.      That the recommendation from the Confidential Memo to Councillors be adopted.

             Or

1.      That Council refer discussion of appointments to Closed Session. The reason being “this item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, 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.

2.      That the law firms (insert from Memo) be appointed to Council’s legal services panel for a term of five years or until such period of time that an approved legal panel is established by the Canberra Regional Joint Organisation group of Councils (CBRJO) (which ever the lesser):

3.      That all respondents to RFT 52/16 be advised of Council’s decision

   

 


Council

12 October 2016

 

Staff Reports –  Finance (Leading Organisation)

 

12 October 2016

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

14.1            Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Finance Committee......................................................................................................... 187

14.2            IPART Review of the Local Government Rating System .................................. 189

14.3            Certificate of Investments made under Section 625 of the Local Government Act, 1993         204

14.4            Certificate of Investments made under Section 625 of the Local Government Act, 1993         208


Council 12 October 2016

Item 14.1

 

14.1. Councillor Portfolios, Agenda and Reporting Theme areas - election of Chairperson - Finance Committee     

 

Election of Chairperson for the Finance Committee.

 

General Manager  

 

Background

At the Council meeting on 28 September 2016 Council considered the Councillor Portfolios, Agendas and Reporting Themes, and adopted the following reporting areas for the Council Meeting Agenda. Council also resolved that these be considered in Standing Committees.

·    Staff Reports:  Planning and Environment (Sustainability)

·    Staff Reports:  Community, Culture and Leisure (Liveability)

·    Staff Reports:  Economic Development and Business Growth (Enterprising)

·    Staff Reports:  Transport and Utilities (Accessibility)

·    Staff Reports:  Governance and Strategy (Leading Organisation)

·    Staff Reports:  Finance (Leading Organisation)

 

Council’s code of meeting practice states (14.2) that the Mayor or a member of the committee elected by the Council; or the members of the committee will preside at meeting of the committee.

Council also noted the objective and Terms of Reference for each portfolio, and resolved that all Councillors be members of the Standing Committees.

The objectives and terms of reference for the Finance Committee are:

Finance (Leading Organisation)

Objective:

To support the efficient and effective financial management of the organisation.

Terms:

Consider, review, prioritise and resolve:

·    Council’s Annual Operating Budget;

·    Council’s Revenue Policy (including rates, fees and charges);

·    Council’s Quarterly Budget Review Statements;

·    Reports on Council’s investments;

·    Year-end financial reporting including audit;

·    Community Strategic Plan related financial reporting;

·    Investments and loan programs and policies;

·    Council’s Long Term Financial Plan.

 

 

Attachments

Nil

 

Recommendation

That Cr (insert name) be elected to facilitate and chair the Finance (Leading Organisation) Committee.

 


Council 12 October 2016

Item 14.2

 

14.2. IPART Review of the Local Government Rating System       

 

The Independent Pricing and Regulatory Tribunal (IPART) have been requested by the Premier to undertake a review of the Local Government Rating System in NSW.  The aim of this review is to recommend reforms to improve its efficiency and equity so as to ensure councils can implement sustainable fiscal policies over the longer term.

 

Director Strategy and Business Services  

 

Background

In December 2015 Premier Mike Baird sent Terms of Reference to the chairman of IPART requesting that IPART conduct a review of the Local Government Rating System in NSW.  The Terms of Reference set out the issues IPART must consider in making their recommendation including:

a)     the performance of the current Rating System and potential improvements, including consideration of:

-      The rating burden across and within communities, including consideration of apartments and other multi-unit dwellings;

-      The appropriateness and impact of current rating categories and exemptions, mandatory concessions and rebates;

-      The land valuation methodology used as a basis for determining rates in comparison to other jurisdictions;

-      The impact of the current Rating System on residents and businesses of a merged council and the capacity of the council to establish a new equitable system of rating and transition to it in a fair and timely manner.

-      The objectives and design of the rating system according to recognised principles of taxation.

b)     current examples of municipal best practice rating policies and schemes;

c)      the impact of the current and alternative frameworks for the rating system on communities and businesses and their capacity to pay; and

d)     any other matter IPART considers relevant

On 13 April 2016 IPART released an Issues Paper and invited written comment on this document encouraging interested parties to provide submissions addressing the matters discussed in the paper. Throughout the Paper, IPART identified the issues on which they would seek stakeholder comment at this stage of the review.  Stakeholders were invited to address all or some of these issues, and were also free to raise and discuss any other issues that they felt were relevant to the terms of reference.

On 26 April 2016 IPART conducted a public hearing on the Issues Paper and invited all interested parties to attend.  The purpose of the public hearing was to outline how IPART proposed to approach the review and to seek preliminary views on some of the issues raised in the Issues Paper.  Council officers were unable to attend on the day; however the Finance Manager and Revenue Coordinator later viewed the Webcast.  There was no Council meeting held within the response period so Council officers workshopped with Councillors and their comments were included in the submission. Bega Valley Shire Council’s response to the Issues Paper was provided to IPART by the due date of 13 May 2016. A copy of Council’s submission is attached to this report.

On 22 August IPART released their Draft Report inviting written comment and encouraging all interested parties to provide submissions addressing the matters discussed, with submissions due by 14 October 2016.  This review seeks to design a Rating System that would collect revenue more equitably and efficiently from ratepayers. It includes reviewing the valuation method used to calculate rates, exemptions and rating categories.  The draft proposal is not designed to increase the overall rates collected by councils.  In conducting the review, IPART has consulted stakeholders, analysed the current Rating System, and assessed its performance against the key taxation principles of efficiency, equity, simplicity, sustainability and competitive neutrality.  IPART has also compared the NSW Rating System to best-practice policies in other jurisdictions. 

On 19 September IPART conducted a public hearing on the Draft Report and invited all interested parties to attend. The purpose of the public hearing was to invite discussion and questions from participants and attendees regarding the recommendations made in the draft.

The purpose and goal of IPART's review of the Rating System is best explained by the Executive Summary of the Draft Report issued by IPART in August 2016:

The NSW Government has asked the Independent Pricing and Regulatory Tribunal (IPART) to review the local government rating system in NSW. The purpose of our review is to develop recommendations to improve the equity and efficiency of the rating system, in order to enhance councils’ ability to implement sustainable fiscal policies over the long term.

This review seeks to design a rating system that would collect revenue more equitably and efficiently from ratepayers. It includes reviewing the valuation method used to calculate rates, exemptions and rating categories. Our draft proposals are not designed to increase the overall rates collected by councils.

In conducting the review, we have consulted stakeholders, analysed the current rating system, and assessed its performance against the key taxation principles of efficiency, equity, simplicity, sustainability and competitive neutrality. We have also compared the NSW rating system to best-practice policies in other jurisdictions.

We have developed our draft recommendations and we are seeking comments from all interested parties. The main changes designed to give councils more flexibility to better meet the needs of the community, are to:

·    Integrate the use of the Capital Improved Value (CIV) valuation method into the local government rating system:

-      Give councils the option to use CIV as an alternative to Unimproved Value (UV) as the basis for setting the variable amounts in rates. CIV is generally more consistent with tax principles, and allowing its use would overcome the major shortcoming of the current system – that the mandatory use of UV inhibits councils’ ability to equitably and efficiently raise rates revenue from apartments. Importantly, total rates income would remain unchanged irrespective of the valuation method chosen by councils.

-      Allow councils’ general income to grow as the communities they serve grow. Councils’ rates income would increase over time in line with the growth in CIV arising from new residents or businesses. This would mean that rates per household, on average, would not rise in real terms whilst promoting financial sustainability and encouraging urban renewal. It would allow councils to maintain consistent service levels over time without the need to resort to Special Variations.

-     

·    Give councils more options to set rates within rating categories:

-      Provide councils with more flexibility to set different residential rates within their local area. Allowing councils with diverse communities to set rates that reflect differences in access to, demand for, and cost of providing council services across their local area would improve equity and efficiency. This would allow councils to better tailor rates to the needs of the local communities. We recommend introducing protections to promote equity and transparency when councils set different residential rates. Also, under this draft recommendation, new councils would have the flexibility to establish new structures for residential rates and transition to them in a fair and timely manner at the end of the 4-year rate path freeze.

-      Allow councils to make new categories for environmental and vacant land, and new subcategories for business and farmland properties. This would allow councils to use their rate structures to take account of different costs that arise from different land uses and better encourage urban renewal and growth.

-     

·    Modify rate exemptions so eligibility is based on land use rather than ownership:

-      Retain or amend explicit exemptions to be consistent with this general principle.

-      Remove some exemptions on the basis that the land is used for commercial or residential purposes. This would better target exemptions, improving the equity, efficiency and sustainability of the rating system.

 

We make our draft recommendations to promote a stronger and more sustainable rating system that would benefit both ratepayers and councils.

Conclusion

Council officers have provided comments against the 34 Recommendations made by IPART. Councillors are asked to endorse or amend the comments tabled and to resolve to submit the final comments to IPART. IPART will review the submissions to the Draft Report and consider the responses in preparation of the final report. The Final Report is due to the Minister for Local Government during December 2016.

 

Attachments

1.            Submission to IPART Issues Paper

2.            Submission to IPART Draft Report

 

Recommendation

That Council endorse the submission made to IPART regarding the Review of the Local Government Rating System.

 


Council

12 October 2016

Item 14.2 - Attachment 1

Submission to IPART Issues Paper

 


 


 


 


 


 


Council

12 October 2016

Item 14.2 - Attachment 2

Submission to IPART Draft Report

 


 


 


 


 


 


Council 12 October 2016

Item 14.3

 

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

 

This report details Council’s investments during the month of August 2016.

 

Director 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 Group 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 officers.

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 $48,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

Jun 2016

Jul 2016

Aug 2016

General Fund

$17,708

$14,708

$17,708

Water Fund

$14,842

$14,842

$14,842

Sewer Fund

$16,350

$16,350

$16,350

In addition, there is $6,857,000 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.

Table 2: Restricted Cash and Investment by Fund $’000

Fund

External Restrictions

Internal Restrictions

Unrestricted

Total

General Fund

$10,902

$8,560

$10,104

$29,566

Water Fund

$4,224

$10,618

 

$14,842

Sewer Fund

$2,581

$13,769

 

$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.            Investment Report August 2016

 

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

12 October 2016

Item 14.3 - Attachment 1

Investment Report August 2016

 


 


Council 12 October 2016

Item 14.4

 

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

 

This report details Council’s investments during the month of September 2016.

 

Director 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 Group 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 officers.

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 $45,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

Jul 2016

Aug 2016

Sep 2016

General Fund

$14,708

$17,708

$14,708

Water Fund

$14,842

$14,842

$14,842

Sewer Fund

$16,350

$16,350

$16,350

In addition, there is $3,198,000 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.

Table 2: Restricted Cash and Investment by Fund $’000

Fund

External Restrictions

Internal Restrictions

Unrestricted

Total

General Fund

$10,902

$8,560

$6,444

$25,906

Water Fund

$4,224

$10,618

 

$14,842

Sewer Fund

$2,581

$13,769

 

$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.            Investment Report September 2016

 

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

12 October 2016

Item 14.4 - Attachment 1

Investment Report September 2016