Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 1 February 2017 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.

 

23 January 2017

 

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

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary

 

 

 


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

1 February 2017

 

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 December 2016 and the Extraordinary Meeting held on 18 January 2017 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 Cr Seckold.

9.1                Solution Brokerage: Eden Local Aboriginal Land Council and NSW Government................. 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 Cr Griff.

10.1              Access and Inclusion Advisory Committee................................................................................. 12

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 Cr Nadin.

11.1              Classification of land recently dedicated to Council................................................................. 32

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 Cr Fitzpatrick.

12.1              Acquisition of Easement over Private Land for Sewerage Pipeline Purposes at North Bega 36

12.2              Naming of Various Roads Across the Shire................................................................................. 55

12.3              Towamba River, Lake Curalo and Twofold Bay Flood Study grant offer from Office of Environment and Heritage........................................................................................................................................ 59

12.4              Bega Valley Local Traffic Committee........................................................................................... 76

12.5              Compulsory acquisition of easement for utilities at Pambula................................................. 78

12.6              Sewerage Treatment Plant Handback Preparations................................................................. 92

12.7              Pambula Merimbula Golf Club - Effluent Reuse........................................................................ 95

12.8              RFT 54/16 Bega Valley Shire Transport Strategy..................................................................... 110

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 Cr Tapscot

13.1              Enterprise Risk Management Report (October to December 2016).................................. 114

13.2              Major projects quarterly updates - to December 2016........................................................ 121

13.3              Councillor Development Program:  Conference and Forum attendance January to June 2017     124

13.4              Actions from resolutions of Council - Status Report........................................................... 129t.

14     Staff Reports – Finance (Leading Organisation)

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

14.1              Certificate of Investments made under Section 625 of the Local Government Act, 1993 148.

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

18.1              Spiire Master Plan Merimbula and Bermagui CBD reviews.................................................. 153

18.2              Underground Power Lines for Merimbula CBD...................................................................... 154

18.3              Bega and Pambula Regional Sportsground masterplans........................................................ 155

 

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

1 February 2017

 

 

Staff Reports –Planning And Environment (Sustainability)

 

1 February 2017

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

9.1              Solution Brokerage: Eden Local Aboriginal Land Council and NSW Government 9


Council 1 February 2017

Item 9.1

 

9.1Solution Brokerage: Eden Local Aboriginal Land Council and NSW Government      

 

 

Director Planning and Environment  

 

 

Background

Under the mandate of Solution Brokerage, Aboriginal Affairs has led a coordinated process to bring together several NSW Government agencies and Eden Local Aboriginal Land Council (Eden LALC) to collaboratively design and implement a mechanism to address long standing issues impeding Eden LALC’s land and economic participation aspirations.  Those issues related to non-delivery of commitments to Eden LALC from the Regional Forestry Agreement 1999 (RFA) (an agreement between the NSW and Commonwealth Governments).

The Solution Brokerage originated on 14 April 2015 when the Head of Aboriginal Affairs declared Eden LALC’s land and economic participation issues, a Solution Brokerage matter.  In accordance with the Premier's Memorandum M2015-02 the declaration required the cooperation of NSW Government Agencies identified as being relevant to the process. 

Solution Brokerage offered a new opportunity to do business with the community.  Solution Brokerage meant there were no pre-determined processes to follow, or outcomes to achieve.  Eden LALC would influence and refine the process in partnership with multiple NSW Government agencies.

As well as the challenges of doing business in a new way, Solution Brokerage needed to achieve outcomes without bringing new resources into the system.  The key resource anticipated to be required for the Solution Brokerage work was personnel from relevant NSW Government agencies.

As the process evolved, additional stakeholders were identified and, upon agreement by the parties (primarily with the consent of Eden LALC), they were invited to participate in the project team. At this point, Bega Valley Shire Council (BVSC) were invited to join the process to provide relevant information to assist the Eden LALC and State Government Agencies to move forward in the negotiation of an Aboriginal Land Agreement, including priority determination of identified existing land claims. 

The Aboriginal Land Agreement essentially fast tracks resolution of outstanding land claims from both Eden LALC and the NSW Land Council. This process has allowed for required negations and focus on priority claims and the removal of unwanted or duplicated claims.

The intended outcomes agreed to during Solution Brokerage will set a foundation for Government to continue to build and refine the relationship to support Eden LALC in developing their plans to create economic participation opportunities. 

The outcomes of Solution Brokerage will attempt to bring finality to Eden LALCs longstanding issues with the RFA and allow the Eden LALC to direct its resources and efforts towards achieving economic and cultural prosperity for Aboriginal people of the area.

Attached to this report is a draft report detailing the Solution Brokerage Process that has occurred to date (See attachment A), and a Land and Economic Participation Solution Brokerage Accord being an identified outcome of the Solution Brokerage Process (See attachment B).

The Land and Economic Participation Solution Brokerage Accord sets out a number of items which BVSC has identified in assisting the Accord, including Development of Land Management Plan and potentially further opportunities for a new way of doing business between all parties.

Issues

Policy

The work undertaken by BVSC officers over the past 12 months has been consistent with BVSC's current Memorandum of Understanding with the Eden LALC as they seek to create economic participation opportunities.

Conclusion

The Solution Brokerage process has provided a new opportunity to do business with the Eden LALC and it is the first of its type to be undertaken in NSW.  The Solution Brokerage process through negotiations with all parties has resulted in a commitment to work towards outcomes to support Eden LALC’s land and economic participation aspirations. As the process has now identified a number of priorities, including the formulation of a Land and Economic Participation Solution Brokerage Accord, it is recommend BVSC be a signatory to the Accord to show its support and willingness to support Eden LALC’s with its land and economic participation aspirations.

 

Attachments

1.            Attachment A - Solution Brokerage report draft (Councillor Only) (Confidential)

2.            Attachment B - Draft - ELALC Land  Economic Participation Solution Brokerage Accord (Councillor Only) (Confidential)

 

Recommendation

That the Mayor and the General Manager be delegated to sign the Eden Local Aboriginal Land Council Land and Economic Participation Solution Brokerage Accord once completed.

  

 


 

Staff Reports – Community, Culture and Leisure (Liveability)

 

1 February 2017

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

10.1            Access and Inclusion Advisory Committee.......................................................... 12


Council 1 February 2017

Item 10.1

 

10.1. Access and Inclusion Advisory Committee      

 

The Section 355 Access Advisory Committee completed their term in December 2016. This report outlines revised Guidelines and a process for calling for nominations for a new Committee for this term of Council.

 

Director Community, Relations and Leisure  

 

Background

The previous Access Advisory Committee completed its two year term in December 2016; Council has had a Committee for more than 20 years. The previous Committee was very active and over recent times has built a strong rapport with Council officers to add value to decisions about access and accessibility across the Shire.

This report is presented to Council for consideration of revised draft Guidelines for the establishment of a new Access and Inclusion Advisory Committee (AIAC).

Issues

Legal

Council is able to appoint a Committee of Council under section 355 of the Local Government Act 1993.

Policy

Following discussion with the previous Access Advisory Committee, officers prepared revised Guidelines that clarify the role of any new Committee, and also take into account recent State Government legislation changes around disability.

As part of these revised Guidelines, it is proposed to change the name from Access Advisory Committee to Access and Inclusion Advisory Committee (AIAC). This name change signifies a broadening of the meaning of access to include more than just physical access, but also inclusion of all people in society and community activities. Other changes include shifting the term of the Committee to align with the Council term, which is the practice in other 355 Committees, additional positions for tourism and business representation, clarification of the Committee makeup, and Committee selection process.

The role of the AIAC is detailed in the attached draft Guidelines on pages 2 and 3.

The operation of the AIAC is also covered by a number of other policies and procedures including Code of Conduct, Code of Meeting Practice, the Local Government Act 1993 and the Government Information (Public Access) Act 2009.

Operational Plan

Council's Community Strategic Plan, under the Themes:

A Liveable Place:

L3 Demonstrates respect and inclusion: We are a harmonious community where everybody is welcomed, respected and diversity is celebrated.

An Accessible Place:

A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.

Social / Cultural

Being involved in community life is a critical factor in the health and wellbeing of people. For some members of the community there are additional barriers to be overcome to enjoy the same involvement that many of us take for granted. Council plays a significant role in the provision of infrastructure and facilities that support a person's involvement in the community. Any mechanism that improves Council’s decision making, design work and program design is a worthwhile pursuit in delivering the best possible outcomes for residents and visors. The AIAC can play an important role in the process.

The census data indicates that “1,816 people or 5.7% of the population in Bega Valley Shire in 2011 reported needing help in their day-to-day lives due to disability.”

Economic

Getting access and inclusion right can provide a positive economic return. Accessible public facilities and commercial premises mean the Shire will attract people of all abilities to live and visit. The introduction of the National Insurance Disability Scheme (NDIS) means individuals are more empowered to purchase services and equipment to meet their requirements, including what they do in their leisure time.

Risk

The risk to Council in relation to this matter relates to the potential for investment and development of infrastructure and services that are not as accessible as they could have been and to alienate members of the community. There is clear reputational risk for Council, but also a more serious risk of breach of the Commonwealth Disability Discrimination Act 1992, NSW Disability Inclusion Act 2014 or the Building Code of Australia if access and inclusion is not considered at the forefront of the work that Council undertakes.

Consultation

The draft revised Guidelines for the AIAC were discussed with the previous Access Advisory Committee who suggested some amendments and passed a Motion supporting the presentation of the revised Guidelines to Council.

Most significant was the inclusion of two additional positions for business and tourism representation. This and the other suggestions have been incorporated into the draft Guidelines presented to Council through this report.

Financial and Resources

A budget allocation of $5,000 is made to facilitate the AIAC annually. This provides for venue hire, catering and out of pocket expenses of the AIAC members. In addition, an allocation of $20,000 per year is made through Council’s Community Grants Program that the AIAC will oversee in relation to community access initiatives.

 

Funding source

 

Amount

General fund – Administration and secretariat

$

5,000

General fund – Access Improvement Grants

$

20,000

Council officer time is also attributed to the AIAC through attendance at meetings, site meetings, follow up on requests and queries and secretariat activities.

Conclusion

The Access Committee have provided input and advice into Council works and policies, thus providing better outcomes for the community at large, but in particular for people with a disability, the elderly or those with limited mobility. The proposed changes to broaden and enhance the Committee to the Access and Inclusion Committee will continue to do this work and expend the scope of influence through the proposed changes.

 

Attachments

1.            Draft Access and Inclusion Advisory Committee Guidelines 2017

 

Recommendation

1.         That Council note the report.

2.         That Council adopt the Access and Inclusion Advisory Committee Guidelines.

3.         That in line with the procedures outlined in the Guidelines a new Access and Inclusion Advisory Committee be established and nominations for the new Committee be advertised.

 


Council

1 February 2017

Item 10.1 - Attachment 1

Draft Access and Inclusion Advisory Committee Guidelines 2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


Council

1 February 2017

 

 

Staff Reports – Economic Develoment and Business Growth (Enterprising)

 

1 February 2017

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

11.1            Classification of land recently dedicated to Council........................................... 32


Council 1 February 2017

Item 11.1

 

11.1. Classification of land recently dedicated to Council     

 

This report seeks approval to commence a public notification process to classify land recently dedicated to Council as Operational Land under the Local Government Act 1993.

 

Director Strategy and Business Services  

 

Background

Council officers were recently advised by Land and Property Information that Lot 66 DP 1171407 at Ravenswood Street, Bega was to be converted from Old System title to Torrens title.  Upon receipt of the Certificate of Title and investigation into the land, it has been determined the parcel of Council owned land should now be classified as Operational Land under the Local Government Act 1993 (the Act) to allow for a range of future uses of the site.

As part of Development Application 2007.295, Lot 6 DP 1225381 at Blue Wren Place, Bermagui was dedicated to Council as Drainage Reserve upon subdivision of private land.  As all adjoining lots drained into this site, it was recommended a condition of development consent would require dedication of this parcel of land to Council as drainage reserve.  Property officers are now in receipt of the Certificate of Title for the land and accordingly, the parcel of land requires classification.  It is recommended this land also be classified as Operational Land under the Local Government Act 1993 to allow flexibility if easements for services are required to be registered over the Lot in the future.  A notation will remain on Title however indicating that it is a Drainage Reserve.

Council approval is now required to commence the public notification process required to classify both parcels of land under Section 34 of the Local Government Act 1993.

Issues

Policy

Section 31 of the Act provides that a property may be classified within 3 months of acquisition by Council Resolution or it automatically defaults to community land.

Consultation

Section 34 of the Act provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.  A further report will be presented to Council after the submission period, noting any submissions received and seeking a final resolution to classify the Lots as Operational land.

Conclusion

Council resolution is sought to commence the public notification process required under Section 34 of the Act to classify both Lots as Operational land.

 

Attachments

Nil

 

Recommendation

That Council give notice of its intention to classify Lot 66 DP 1171407 at Ravenswood Street, Bega and Lot 6 DP 1225381 at Blue Wren Place, Bermagui as Operational Land under Section 34 of the Local Government Act 1993.

   

 


Council

1 February 2017

 

 

Staff Reports – Infrastructure Waste And Water(Accessibility)

 

1 February 2017

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

12.1            Acquisition of Easement over Private Land for Sewerage Pipeline Purposes at North Bega     36

12.2            Naming of Various Roads Across the Shire......................................................... 55

12.3            Towamba River, Lake Curalo and Twofold Bay Flood Study grant offer from Office of Environment and Heritage.................................................................................. 59

12.4            Bega Valley Local Traffic Committee................................................................. 76

12.5            Compulsory acquisition of easement for utilities at Pambula............................ 78

12.6            Sewerage Treatment Plant Handback Preparations........................................... 92

12.7            Pambula Merimbula Golf Club - Effluent Reuse................................................. 95

12.8            RFT 54/16 Bega Valley Shire Transport Strategy.............................................. 110


Council 1 February 2017

Item 12.1

 

12.1. Acquisition of Easement over Private Land for Sewerage Pipeline Purposes at North Bega     

 

Sewerage system construction works are planned in North Bega and acquisition of an easement through private property is necessary to facilitate this work.

 

Director Transport and Utilities  

 

Background

To facilitate the improved management of sewage in North Bega, Bega Valley Shire Council (BVSC) proposes to construct the following Infrastructure:

·      A transfer main from the existing Bega Cheese (BCL) Sewerage Treatment Plant and the Administration Building on Ridge Street;

·      A conventional wet well sewage pumping station (SPS) adjacent to the Bega Cheese Heritage Centre on Lagoon Street; and

·      A 4 kilometre rising main to transfer sewage to the existing Bega Sewerage Treatment Plant (STP) at Taronga Crescent.

The mains will be routed underground and installed by under boring, which will eliminate most construction impact.  The route of the proposed mains however is required to traverse two privately owned parcels of land in Lagoon Street, North Bega.

Issues

Legal

It is a requirement under the Local Government Act 1993 that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisition will proceed by way of agreement with the affected landowner and a Deed of Agreement entered into, setting out the undertakings to do all things necessary to effect registration of the easement.

The Deed and Section 88B Instrument documentation will be prepared by Council’s solicitor and all costs associated with the creation and registration of the easement will be borne by Council.

Strategic

The installation of a sewer system in North Bega is now a strategic objective of BVSC Water and Sewerage Services. The proposed pumping station and mains are critical infrastructure for the sewer system in North Bega which will enable immediate connection by BCL and later connection by domestic and industrial customers in the locality.

Installing the Transfer Main under Lot 15 DP 244697 and Lot B DP 398797 Lagoon Street, North Bega is the most economic and technically effective route with minimal surface impact as most of the pipe installation will be achieved by under-boring. The route under the two lots is clear of any existing development and traverses parts of the allotments that are very unlikely to be developed in the future.

Critically, the construction in this location enables much of the North Bega area to be connected to gravity sewer rather than pressure sewer option originally envisaged.

Environmental / Sustainability

A Review of Environmental Factors (REF) has been prepared by consultants for the proposed works.

Asset

The proposed works support BVSC's Operational Plan and Level of Service objectives.

Consultation

Lot 15 DP 244697 and Lot B DP 398797 at Lagoon Street, North Bega are owned by the one entity and BVSC has obtained the owner's in-principle agreement to proceed with an acquisition of the necessary easement.

Financial and Resources

A market valuation report was obtained from Opteon Property Group to determine the compensation payable to the property owner for creation of an easement for sewerage pipeline purposes and has been determined via the provisions of the Land Acquisition (Just Terms Compensation) Act 1991

The valuation provides a compensation amount of $10,000 for the easement through both lots.  In addition to the compensation amount payable, agreement has also been reached to connect both lots to the sewer system during the construction works at no cost to the landowner.  

There will be legal fees payable by Council to finalise the easement documentation and arrange registration of the necessary plans and documentation.

The acquisition of the easement and associated fees will be funded from the North Bega Sewerage Pumping Station and Rising Main construction project.

BVSC's property officers and external legal providers will be involved in finalising the relevant paperwork and effect registration at LPI New South Wales.

Conclusion

Council approval is required to progress the acquisition by agreement of the easement for sewerage pipeline purposes over private land and execute the necessary documentation.

 

Attachments

1.            Easement requirement - North Bega

2.            Opteon Property Group Valuation Report for acquisition of easements at Lagoon Street North Bega

 

Recommendation

1.         That the proposed easement for sewerage pipeline purposes approximately 515m2 in size over Lot 15 DP 244697 and Lot B DP 398797 set out in the attached plan ‘Easement requirement – North Bega’ be acquired with the consent of the property owner.

2.         That the General Manager and/or Mayor be delegated authority to execute the necessary documentation to effect the acquisition and registration of the abovementioned interest.

 


Council

1 February 2017

Item 12.1 - Attachment 1

Easement requirement - North Bega

 


Council

1 February 2017

Item 12.1 - Attachment 2

Opteon Property Group Valuation Report for acquisition of easements at Lagoon Street North Bega

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council 1 February 2017

Item 12.2

 

12.2. Naming of Various Roads Across the Shire     

 

The purpose of this report is to seek Council approval to commence the public consultation process to formally Gazette various road names across the Bega Valley Shire.

 

Director Transport and Utilities  

 

Background

Council is working closely with Land and Property Information (LPI) and the Geographical Names Board (GNB) with the common goal of improving property and site addressing and data in our Local Government Area.  As part of this process, Council’s property officers have identified several road names that have been approved for use within the Shire as part of the subdivision process, however are yet to receive formal Council resolution and be gazetted.

Under Council’s prior Road Naming Procedure 2.2.1(b), authority was delegated to Council’s Director Transport and Utilities Group to approve the use of suitable road names for subdivisions.  As a result, there are several approved road names, which are shown on subdivision plans that now require formal gazettal.

The NSW Addressing Guidelines apply to all roads in New South Wales (NSW), regardless of custodianship and maintenance agreements and indicates all roads in NSW shall be formally named and gazetted.

The following road names have been granted consent under Council’s previous Road Naming Procedure and are shown on the subdivision plans.  Naming of these roads does not represent an intention for Council to construct or maintain the roads, it is simply a means of ensuring address sites can be located in an emergency situation.

·    Skye Lane is a right of carriageway located off Black Range Road in Bega

6577321

 

 

 

·    Manuka Lane is a right of carriageway located off Tuna Way in Eden

195045

·    Curyo Lane is a right of carriageway located off Valley Street in Bega

2282809

·    Erinna Lane is a right of carriageway located off Hergenhans Lane in Angledale

9796055

·    Blue Wren Place is Council public road located off Hay Street in Bermagui

9503303

·    Evergreen Lane is public road located off Nethercote Road in Nethercote

2550759

The GNB has reviewed the names under their guidelines for the Naming of Roads and there is no objection to their use.

Issues

Asset

All roads are currently on Council’s Road Register as unnamed roads.  This process will ensure formal naming and gazettal.  Naming of these roads does not represent an intention for Council to construct or maintain the roads, it is simply a means of ensuring that address sites can be located in an emergency situation.

Consultation

The proposed road names will be advertised in local newspapers, allowing a period of twenty eight days for submissions to be received.  If no objections are received, the GNB will be advised to arrange gazettal.  If any objections are received, a further report will be presented to Council.

Financial and Resources

Council’s property officers will be required to complete the public notification process, which will include advertising costs.

Conclusion

Formalisation of the road names is in accordance with Council’s Road Naming Procedure and it is therefore recommended the public notification process now commence to formalise the use of the proposed road names.

 

Attachments

Nil

 

Recommendation

1.         That Council approve the proposal to name the following roads:

a)         Skye Lane, a right of carriageway located off Black Range Road in Bega;

b)        Manuka Lane, a right of carriageway located off Tuna Way in Eden;

c)         Curyo Lane, a right of carriageway located off Valley Street in Bega;

d)        Erinna Lane, a right of carriageway located off Hergenhans Lane in Angledale;

e)        Blue Wren Place, Council public road located off Hay Street in Bermagui; and

f)         Evergreen Lane, Council public road located off Nethercote Road in Nethercote.

2.         That Council advertise the proposed names in local media inviting submissions to the proposals.

3.         That if no objections are received within the submission period, Council officers proceed with the road naming proposals without subsequent referral to Council.

 


Council 1 February 2017

Item 12.3

 

12.3. Towamba River, Lake Curalo and Twofold Bay Flood Study grant offer from Office of Environment and Heritage     

 

Council has been offered a Grant of $122,000 by the Office of Environment and Heritage under its Floodplain Risk Management Grants Scheme for the 2016-2017 financial year for completion of a flood study project for the Towamba River, Lake Curalo and Twofold Bay catchments at Towamba and Eden.  Formal acceptance of the Grant by Council is required.

 

Director Transport and Utilities  

 

Background

Substantial road, bridge and public infrastructure damage was caused during the March 2011 Flood and June 2016 East Coast Low events, including damage within the Towamba River and Twofold Bay catchments.

An application was made to the NSW Office of Environment Heritage (OEH) Floodplain Management Program grants scheme on 22 February 2016 for the Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden.  Bega Valley Shire Council (BVSC) was notified of its successful application and has received a grant offer of $122,000 with the unexecuted funding agreement to complete the proposed project.

A previous application was made during the 2014/15 financial year but BVSC was unsuccessful in receiving funding at the time.  However, the project ranked high in technical merit and was placed on the OEH Floodplain Risk Management Program reserve project list, should that Program funding be under expended.  BVSC has now been successful in gaining a grant offer during the current 2016/2017 OEH Floodplain Risk Management Program grant cycle.

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

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

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

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

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

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

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

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

The flood study forms an initial stage towards development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual 2005.

The OEH supports Councils by providing funding and technical assistance for various floodplain management projects like flood studies, floodplain risk management studies and floodplain risk management plans.

The information derived during the flood study will be essential for the development of any future proposed floodplain risk management plan strategies and recommendations.

Issues

Legal

The 2016/17 Grant offer will require formal acquittal at project completion by execution with the General Manager’s signature, with supporting financial documentation attesting to the full and proper expenditure on approved activities under the funding agreement.  BVSC will need to comply with the terms of the funding agreement during the life of the project.  See the attached funding agreement for details.

Policy

The acceptance of the Grant offer will allow completion of the flood study project that will ultimately provide BVSC with a contemporary flood study for the identified catchment in accordance with the NSW Floodplain Risk Management Manual 2005 requirements.  No previous studies of such nature exist.  The flood study outputs will form key information inputs into future floodplain risk management documents such as floodplain risk management studies and plans that will inform BVSC’s policies for management of flood prone land.

Strategic

The acceptance of the 2016/17 Grant offer has a number of strategic implications.

The completed flood study outputs will form further inputs into any future proposed floodplain risk management study and plan projects for the Towamba River, Lake Curalo and Twofold Bay catchments that are identified but not yet funded.  The proposed floodplain risk management plan outputs will produce inputs into BVSC’s current Development Control Policy 4.1.1, its underlying procedure 4.1.1(l) Flood Prone Land – Determination, the Bega Valley Comprehensive Local Environmental Plan 2013 with its underlying Development Control Plan (DCP) 2013.

The flood study outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential projects such as floodplain risk management studies, floodplain risk management plan development or floodplain risk management plan works implementation.  The flood study outputs will allow Council to plan for any future potential funding risks arising from a tightening of Natural Disaster Relief and Recovery Arrangements (NDRRA) eligibility criteria.

Operational Plan

Completion of the flood study will allow Council to fulfil Outcome A4.1 in the Operational Plan:

Community Ambition A4 – Emergency Planning

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

Environmental / Sustainability

The outputs of the completed flood study will form a key technical input into a future subsequent floodplain risk management study and plan that will inform Council’s current Comprehensive Local Environmental Plan 2013.

Social / Cultural

Once the flood study is completed, emergency response and access issues during flood events will be better quantified and more appropriate responses can be developed.  This is typically examined in detail during a floodplain risk management study and plan that typically follows flood studies.

Economic

Acceptance of the grant offer may lead to some flood study survey activities being sub-contracted to local surveying businesses.  The final flood study findings will assist in minimising economic impacts from future flood events by providing better information for forward planning and response.

Risk

Completion of the flood study project will allow Council to identify the existing flood risk within the study areas of interest in the Towamba River, Lake Curalo and Twofold Bay catchments at Towamba and Eden.

The completion of the flood study project may allow Council to mitigate any future potential financial risks arising from a tightening of NDRRA eligibility criteria at a later date.

Asset

Once the flood study is completed, a review of protection strategies for Council assets may be required.

Consultation

Acceptance of the grant offer has a number of consultation implications.

Consultation with the community is an integral part of the floodplain risk management process.  Media releases, radio interviews, focus groups and community questionnaires are typical activities undertaken during a flood study project.  Consultation with State Government agencies and residents within the Towamba River, Lake Curalo and Twofold Bay catchment areas will be consulted using a variety of these activities.

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

Financial and Resources

The grant offer is made on the basis of 2:1 (State:Council) dollars.  Not accepting the grant offer will mean having to find the additional funds of $122,000 from internal Council sources not yet allocated to the flood study project that may have impacts on other projects commencing as scheduled.

The grant funding is available for a maximum period of three years as per the conditions of the funding agreement to enable the project to be completed.  Council would need to ensure that the required matching contribution of $61,000 is also available over the project period which may extend up to three years in practice; meaning an allocation will have to be placed in the 17/18 and 18/19 budgets. 

The $61,000 matching contribution is currently funded for the current financial year (A.4.1.1.1).

Funding source

Amount

Office of Environment and Heritage

$122,000

BVSC A.4.1.1.1 - Stormwater Management ($83K)

$61,000

Conclusion

There are significant policy, strategic and financial advantages for Council by accepting the 2016/17 grant offer of $122,000 from the Office of Environment and Heritage.

 

Attachments

1.            GRANTS AND SUBSIDIES - PROGRAMS - Works and Services - Office of Environment & Heritage Grants

 

Recommendation

1.         That the grant offer of $122,000 from the Office of Environment and Heritage (OEH) for completion of Council’s Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden be accepted and the funding agreement executed by the General Manager for immediate return to OEH.

2.         A contribution of $61,000 is allocated over the project period extending to the 18/19 financial year. 

 


Council

1 February 2017

Item 12.3 - Attachment 1

GRANTS AND SUBSIDIES - PROGRAMS - Works and Services - Office of Environment & Heritage Grants

 


 


 


 


 


 


 


 


 


 


 


 


 


Council 1 February 2017

Item 12.4

 

12.4. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their out of session approval request, issued on 19 December 2016.

 

Director Transport and Utilities  

 

Background

On 19 December 2016, the Bega Valley Local Traffic Committee was requested to consider two upcoming events for approval out of session. Due to the special event approval timeline and sequence, it is necessary for Council to consider the recommendations for adoption without delay, to allow event organisers sufficient time to seek subsequent approvals from other agencies.

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:

Far South Coast National Show, Bega – February 2017

1.         That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 17, 18 and 19 February 2017 for the Far South Coast National Show.

2.         That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 17, 18 and 19 February 2017 for the Far South Coast National Show.

3.         That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

2017 Bemboka Triathlon

1.         That, subject to conditions, Hoskins Street, Bemboka be temporarily closed between the intersections of Kameruka Street and Nimmitabel Street from 7.00am and 6.00pm on Saturday, 25 March 2017 for the 2017 Bemboka Triathlon.

2.         That, subject to conditions, Sams Corner Road, Bemboka be temporarily closed between the intersections of Nimmitabel Street and Lookout Lane from 7.00am and 6.00pm on Saturday, 25 March 2017 for the 2017 Bemboka Triathlon.

3.         That, subject to conditions, Kameruka Street, Bemboka be temporarily closed between the intersections of Hoskins Street and first driveway access east of the Bemboka Pool from 7.00am and 6.00pm on Saturday, 25 March 2017 for the 2017 Bemboka Triathlon.

4.         That the proposed traffic arrangements involving the temporary closure of Hoskins Street, Sams Corner Road and Kameruka Street, Bemboka for the 2017 Bemboka Triathlon on Saturday, 25 March 2017, 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.

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

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

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

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

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

 


Council 1 February 2017

Item 12.5

 

12.5. Compulsory acquisition of easement for utilities at Pambula     

 

This report seeks Council approval to formalise the compulsory acquisition of an easement for utilities over Lot 355 DP 41837 at Pambula for the purpose of and to facilitate the supply of recycled water to Oakland’s Dam.

 

Director Transport and Utilities  

 

Background

This matter was reported to Council on 29 June 2016, when it was resolved to compulsory acquire the easement for utilities for the purpose of and to facilitate the supply of recycled water from the Merimbula Sewerage Treatment Plant (STP) to Oakland’s Farm at South Pambula.

Formal Crown approval has been requested for the compulsory acquisition of the easement for utilities through Lot 355 DP 41837.  The plan of acquisition of proposed easement for utilities over Lot 355 DP 41837 was registered on 12 September 2016 and Council now requires a further resolution to acquire the easement for utilities.

The sections of Crown road traversed by the pipeline were formally transferred to Council ownership via Government Gazette No. 84 of 21 October 2016 and a Deed of Agreement has been executed with Mr Clifford Barry Moffitt and Mrs Michelle Aileen Moffitt for the private sections of land traversed by the pipeline.

Council must now proceed to complete the process of acquisition by making an application to the Minister for Local Government in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the section of pipeline through Lot 355 DP 41837.

Issues

Legal

The application for compulsory acquisition is to be made to the Office of Local Government and requires a recent resolution of Council, for this reason a further resolution is required to be obtained now that the plan of acquisition has been registered.

After a Section 30 Agreement for Compulsory Acquisition of easement for utilities has been entered into, it will be necessary for Council to make a final resolution to declare the interest in the land to be compulsorily acquired for the purpose of facilitating the supply of recycled water.  The process of declaring the compulsory acquisition is done by publishing a notice in the Government Gazette, following approval from the Governor to do so.

Asset

The compulsory acquisition of the easement will finalise the asset creation works associated with this project.

Financial and Resources

The costs associated with the easement creation were approved in the capital works budget for this project.

Council’ Property staff and external legal providers will be required to finalise the acquisition process.

Conclusion

Council needs to formalise the acquisition of easement for utilities through Lot 355 DP 41837 to protect the pipeline asset into the future.  Crown Lands have previously consented to the proposed acquisition and an updated request has recently been made.  It is now appropriate to make application to the Minister for Local Government.

 

Attachments

1.            Council report 29 June 2016 - Compulsory acquisition of easement for utilities at Pambula

2.            Government Gazette Notice 84 dated 21 October 2016

3.            Registered Deposited Plan 1223033

4.            Registered Deposited Plan 1225606

 

Recommendation

1.         That a proposed easement for utilities 6 wide designated as (U) in the registered deposited plan 1223033 within Lot 355 DP 41837 be compulsorily acquired for the purpose of facilitating the supply of recycled water from the Merimbula Sewerage Treatment Plant to a dam located on Lot 381 DP 1027113 (known as “Oaklands Farm”) in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2.         That a proposed easement for utilities 6 wide designated as (A) in the registered deposited plan 1225606 over part of Bega Street and Yowaka Street (Crown Land currently held under enclosure permit 18189 by Mr Clifford Barry Moffitt) be compulsorily acquired for the purpose of facilitating the supply of recycled water from the Merimbula Sewerage Treatment Plant to a dam located on Lot 381 DP 1027113 (known as “Oaklands Farm”) in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

3.         That the General Manager and/or Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the abovementioned land by compulsory process Section 186 of the Local Government Act 1993.

 


Council

1 February 2017

Item 12.5 - Attachment 1

Council report 29 June 2016 - Compulsory acquisition of easement for utilities at Pambula

 


 


 


Council

1 February 2017

Item 12.5 - Attachment 2

Government Gazette Notice 84 dated 21 October 2016

 


Council

1 February 2017

Item 12.5 - Attachment 3

Registered Deposited Plan 1223033

 


 


 


 


Council

1 February 2017

Item 12.5 - Attachment 4

Registered Deposited Plan 1225606

 


 


 


 


Council 1 February 2017

Item 12.6

 

12.6. Sewerage Treatment Plant Handback Preparations     

 

Council owns ten Sewerage Treatment Plants (STPs) that are currently managed under a comprehensive contract by the Downer Group. The contract term expires on 30 September 2017. This report provides an update regarding preparations for the handing back of these plants to Council operation.

 

Director Transport and Utilities  

 

Background

Bega Valley Shire Council owns ten Sewerage Treatment Plants (STPs). These STPs are located at Bega, Bermagui, Candelo, Cobargo, Eden, Kalaru, Merimbula/Pambula, Tathra, Tura Beach and Wolumla. The STPs are currently operated and maintained by Downer under a Contract Deed (contract) arrangement associated with the $73M Bega Valley Sewerage Program.

The operations phase of the contract has been in place for approximately ten years and will reach the end of its term on 30 September 2017. The option to extend the term for up to an additional five (5) years on the same terms as the existing contract was not taken up for the reasons detailed in a report to Council on 16 March 2016.

Council resolved during the 23 November 2016 meeting that the option for a return of the ten Sewerage Treatment Plants to Council operation be adopted and all necessary staffing, contractual, handover and other tasks be undertaken to enable Council operation of the STPs from 1 October 2017 onwards.

Since 23 November 2016, substantial work has been undertaken by the team responsible for managing the handback process (consisting of Council and Downer staff) to ensure operation of the STPs occurs in a seamless manner beyond 30 September 2017.

A Gantt chart showing completed and planned activities is attached to this report.

Issues

Legal /Policy

As part of the Bega Valley Sewerage Program, a contract exists between Council and Downer for the design and delivery of capital works and operation of ten STPs. The contract term expires on 30 September 2017.

Strategic

Council’s strategic direction regarding STPs is not well served by current contractual arrangements, for the reasons outlined throughout past reports.

Operational / Asset Management Plan

Operation of the ten STPs under contract does not adequately support Operational Plan objectives associated with delivery of capital works or long term asset management.

Financial and resource considerations

Based on value for money, asset management, capital works, operational and regulatory factors Council's long term interests are best served by a return of the STPs operations to Council.

The handback activities over the coming months are crucial to a smooth operational transition.

The most important of these activities is the recruitment of staff and building of a skilled operations team, as detailed in the consultant’s report (Hunter H2O - 2016).

Prior to 30 September 2017, one Operations Coordinator, one Operations Supervisor, seven STP Operators and one Administration Assistant need to be recruited. At a later date (post 30 September 2017) one Process Support role will need to be recruited.

Recruitment of the Coordinator and Supervisor positions are the most critical and will commence from March 2017, followed by other staff from June 2017. There will be some transitional staffing costs that are unavoidable if Council wishes to reduce operational risk from 30 September 2017.

The transitional costs will be in the order of $250,000, noting that approximately $80,000 of this amount will be offset because the Supervisor role will be seconded to Downer for a six month period. This situation has arisen due to a resignation from the current Downer workforce and consequent difficulty in them attracting a suitable applicant with such a short contract period to run.

Funding source

 

Amount

Sewer Fund – Unrestricted Reserve

$

$170,000

Risk

The handback process inclusive of staffing has been designed to minimise regulatory and operational risk to Council. It is expected all significant handback activities can be completed in time to provide a seamless transfer of operational responsibility.

Options

Three scenarios for ongoing operation of the STP’s were outlined by Hunter H2O. Scenario 3 was chosen based on value for money, asset management, capital works, operational and regulatory factors.

Conclusion

The STP handback process has commenced and is being undertaken by the handback team in accordance with the attached Gantt chart. It is expected all significant handback activities can be completed in time to provide a seamless transfer of operational responsibility to Council.

 

Attachments

1.            BVSP Handback Gantt Chart January 2017

 

Recommendation

That Council note the Sewerage Treatment Plant handback process currently being undertaken.

 


Council

1 February 2017

Item 12.6 - Attachment 1

BVSP Handback Gantt Chart January 2017

 


Council 1 February 2017

Item 12.7

 

12.7. Pambula Merimbula Golf Club - Effluent Reuse     

 

Pambula Merimbula Golf Club has requested Council provide financial support for renewal of their golf course recycled water irrigation infrastructure. This report follows previous reports of 1 July 2015 and 23 September 2015 and provides an update regarding the most recent subsidy funding opportunity that has become available to the Club.  

 

Director Transport and Utilities  

 

Background

On 1 July 2015 Council resolved:

1.         That Council approve the provision of $150K upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system.

2.         That Council subsidy funding be provisional on the Pambula Merimbula Golf Club successfully attaining National Stronger Regions subsidy funding of $500K and Council being satisfied as to the standard of infrastructure provided.

The National Stronger Regions (NSR) subsidy funding bid for $500,000 was unsuccessful, prompting a further Council Resolution to support other funding opportunities that became available. On 23 September 2015, Council resolved:

1.         That Council approve the provision of $150,000 upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system.

2.         That Council subsidy funding be provisional on the Pambula Merimbula Golf Club successfully attaining NSW 2015/16 Club Grants Category 3 subsidy funding of $500,000.

The NSW 2015/16 Club Grants Category 3 funding bid for $500,000 was unsuccessful.

The Pambula Merimbula Golf Club (PMGC) recently approached Council, this time with confirmation of a successful funding grant of $90,000 under the NSW Government’s Community Building Partnerships (CBP) for an International Golf Tourism Hub for the Bega Valley.

As a general principle, the availability of a Council subsidy contribution has been contingent on provision of Government subsidy funding. On the basis of the successful CBP grant, the Club is once again requesting that Council, via an updated Resolution, provide subsidy funding notionally to an upper limit of $150,000.

Issues

Strategic

Council has an adopted strategic position of supporting recycled water irrigation use across the Shire. Works recently completed include the $4M recycled water disinfection facilities at Eden and Tura Beach Sewage Treatment Plants (STP). Future capital works include improvements to recycled water irrigation facilities at Bermagui and in the Merimbula/Pambula area as identified in the Water Supply and Sewer Strategic Business Plan. Attached to this report is a memorandum outlining the strategic context of recycled water irrigation across the Shire.

Operational / Asset Management Plan

The irrigation system is wholly owned and operated by the PMGC.

Environmental / Sustainability

There are substantial positive environmental benefits that arise from recycled water irrigation. Irrigation at PMGC results in 20% of plant effluent being irrigated on land, as opposed to disposal at sea or by dunal exfiltration.

Community Engagement and/or Communications

Substantial discussion has taken place between Council staff and PMGC representatives.

Financial and resource considerations

PMGC is notionally seeking $150,000 subsidy funding from Council towards construction of the necessary irrigation system. It should be noted these capital works are theoretically not funded by Council until 2019, as per the Long Term Financial Plan. However, the works proposed by PMGC (particularly the expansion component) are the type of works envisaged to be funded by Council commencing in 2019.

Funding source

 

Amount

Sewer Fund - Unrestricted Reserve

$

150,000

Options

The available options are, not approving the subsidy funding, part approval of the funding amount or approval of the entire amount.

Conclusion

PMGC has utilised recycled water from Merimbula STP for over 30 years. During this time, a productive relationship has developed between Council and PMGC and this has resulted in an average of 20% of the STP throughput being irrigated annually.

The proposed $150,000 Council subsidy will be utilised in the same manner as described in the 1 July 2015 report to Council

 

Attachments

1.            Premier of New South Wales letter regarding successful application for NSW Government’s 2016 Community Building Partnership (CBP) Program

2.            Memorandum outlining the strategic context of recycled water irrigation across the Bega Valley Shire

3.            Previous report to council regarding Pambula Merimbula Golf Club for information 1 July 2015

 

Recommendation

That Council (approve/not approve) the provision of $(insert amount) upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system in association with the NSW Government’s $90,000 Community Building Partnerships (CBP) funding for an International Golf Tourism Hub for the Bega Valley.

 


Council

1 February 2017

Item 12.7 - Attachment 1

Premier of New South Wales letter regarding successful application for NSW Government’s 2016 Community Building Partnership (CBP) Program

 


Council

1 February 2017

Item 12.7 - Attachment 2

Memorandum outlining the strategic context of recycled water irrigation across the Bega Valley Shire

 


 


 


 


 


 


 


Council

1 February 2017

Item 12.7 - Attachment 3

Previous report to council regarding Pambula Merimbula Golf Club for information 1 July 2015

 


 


 


 


Council 1 February 2017

Item 12.8

 

12.8. RFT 54/16 Bega Valley Shire Transport Strategy     

 

This report details the outcomes of evaluation of Tender 54/16 for the Bega Valley Shire Transport Strategy and recommends award to the preferred tender.

 

Director Transport and Utilities  

 

Background

Council invited expressions of interest on 14 June 2016 with advertisements on Tenderlink, Sydney Morning Herald and local media. At the close of the advertisement period on 6 July 2016, seven submissions were received.  The top three expressions of interest were selected to progress to the next stage, submit a tender and make a presentation to the Tender Evaluation Panel (TEP). Two companies chose to accept the offer and formally presented their proposal to the TEP on 8 December and 9 December 2016.

Applicants were asked to provide:

•     Lump sum price breakdown of the works;

•     Schedule of Rates for Variation; and

•     Schedule of Key Contact Staff.

The tender submissions were assessed against the following evaluation criteria:

Non Price Criteria, 75% made up as follows:

•     Satisfactory and recognition of the project objectives;

•     Presentation to Evaluation Panel;

•     Appreciation of the Brief;

•     Recent similar projects;

•     Details of the scope of work outlined in the proposal;

•     Methodology for carrying out the project tasks.

Price Criteria, 25% made up as follows:

•     The overall fee cost.

Issues

Legal /Policy

The tender process complies with the Local Government Act 1993.

Economic

Applicants were asked to provide:

•     The importance of all east/west transport corridors;

•     Heavy vehicle access routes for B-double and HML vehicles within the Local Government Area;

•     The integration with all forms of transport including maritime and aviation. In this instance the Port of Eden and Merimbula Airport;

•     The recognition of the impact of seasonal tourism both coastal and alpine;

•     The cross border linkages with Victoria and the ACT.

Financial and resource considerations

This project was originally allocated for in the 15/16 financial year but not delivered, and will require a quarterly budget variation, as the funding was extinguished during the end of year financial processes.

Funding source

 

Amount

Strategy and Assets (with Quarterly budget adjustment) amount to finalised following adoption of the resolution – see recommendation 2.

$

To be confirmed

Conclusion

Council recommends the preferred tenderer be accepted as they have been assessed as providing the best overall value to Council.

 

Attachments

1.            Confidential attachment to report rft 54 16 bega valley shire transport memorandum to councillors (Confidential)

 

Recommendation

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

2          That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT/16, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items. That an amount of $(to be inserted) be referred to the March quarterly budget review for funding allocation.

3          That authority is delegated to the General Manager or in her absence the Director Transport and Utilities Group to execute all necessary documentation.

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

  

 


Council

1 February 2017

 

Staff Reports –  Governance And Strategy (Leading Organisation)

 

1 February 2017

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

13.1            Enterprise Risk Management Report (October to December 2016)................ 114

13.2            Major projects quarterly updates - to December 2016.................................... 121

13.3            Councillor Development Program:  Conference and Forum attendance January to June 2017........................................................................................................................... 124

13.4            Actions from resolutions of Council - Status Report......................................... 129


Council 1 February 2017

Item 13.1

 

13.1. Enterprise Risk Management Report (October to December 2016)     

 

As a part of good enterprise risk governance, this new quarterly report will provide information to Council about relevant organisational enterprise risk management (ERM) indicators and issues. This reporting period covers the October to December 2016.

Executive Manager Organisational Development and Governance  

 

Introduction

Risk is the effect (either positive or negative) of uncertainty on business objectives. Risk influences every aspect of the operations of Bega Valley Shire Council (BVSC) and by understanding the risks we face and by managing them appropriately, we aim to enhance our ability to make better decisions, safeguard our assets, improve our ability to provide services to our community and achieve our goals.

This quarterly report provides information about ERM related issues and indicators against our identified Corporate Risks.

Background

Council is committed to managing risk on a systematic, organisation wide basis consistent with AS/NZS ISO 31000:2009. This approach aims to create sustainable value by both minimising risks to the achievement of our objectives and by identifying potential opportunities. In order to achieve this requirement Council’s risk management methodology applies to all Council staff and other ‘workers’ who undertake activities on behalf of Council.

Ultimately BVSC aims to align effective ERM practices across Council within a common framework that can be clearly understood and applied by everyone engaged in Council business. Specifically Council’s systems for managing ERM aim to:

·     Promote an integrated framework for identifying enterprise risks,

·     Ensure consistency in the manner in which the council manages its enterprise risks, and

·     Provide a mechanism for key risk ‘owners’ to document and subsequently communicate both the identified risks and the organisational methods to effectively ‘control’ these risks to Council.

Corporate Risk Summary

The following table summarises the twelve corporate risks identified in the Corporate Risk Radar:

 

 

 

 

 

 

#

Risk Description

Risk Status

Risk Status Rationale

Key Risk Management Activities

CE1

Environmental legislative breach

● Inherent high risk due to consequences rather than likelihood.

● Compliance with State Government licensing and reporting requirements.

● Qualified and competent staff.

● Training as appropriate e.g. POEO, soils and sediment.

● Internal auditing.

CF1

Fraud & Corruption

● Staff and other resourcing levels to effectively monitor and manage fraud and corruption controls.

● Fraud and Corruption Audit undertaken in March 2016.

● Draft fraud and corruption risk assessment under development.

● Fraud and Corruption continuous improvement plan created which lists the following recommendations – develop fraud control plan, organisation wide fraud risk assessment, create a portable assets register etc.

CHR1

Ageing Workforce

● Steady improvements made to age profile within Council through proactive measures (e.g. cadetships, traineeships)

● Vigorous succession planning and work force strategy has seen age demographic change reducing average age of personnel.

CHS1

Health of Shire population

● Inherent high risk due to consequences rather than likelihood.

● Compliance with State Government licensing and reporting requirements.

● Qualified and competent staff.

● Capital expenditure in many significant assets (e.g. waste services, water & sewer renewals).

CHS2

Public Safety

● Inherent high risk due to consequences rather than likelihood.

● Compliance with State Government licensing and reporting requirements.

● Qualified and competent staff.

● Capital expenditure in many significant assets (e.g. transport, infrastructure, waste services, water & sewer renewals).

CI2

Development, renewal and maintenance of infrastructure and assets

● Once again risk status based on inherent high risk due to consequences rather than likelihood.

● Staff and other resourcing levels to effectively monitor and infrastructure and assets requiring attention.

● Capital expenditure in many significant assets (e.g. transport, recreation, waste services, water & sewer renewals).

CO1

Staff attraction, retention and knowledge management

● Steady improvements made to staff attraction, retention and knowledge management within Council through proactive measures (e.g. e-recruit).

● Elementary human resource management systems developed.t

● Succession planning and work force strategy developed.

CO2

Business Continuity Plans (BCP)

● Elementary Business Continuity systems developed and in place.

● Periodic external testing of Business Continuity system undertaken.

● Creation of Business Continuity page in SharePoint.

● Business Continuity Sub Plans developed for all key sections.

● BCP exercise coordinated by StateWide Mutual conducted in 2015.

● BCP feature underway for self-audit into emergency management.

CO3

Organisational Culture

● Risk status based on consequences if organisational culture begins to fail.

● Leadership training undertaken aimed at Managers & Coordinators.

● Completion of OCI cultural survey.

● Improvements suggestion scheme (breakthrough project).

● Improvements to strategic communications.

● Employee Knowledge & Skills (EKAS) System implemented.

CO5

Tree Management

● Inherent high risk due to consequences (specifically financial and environmental) rather than likelihood.

● Some isolated incidents.

● Tree action request system in place.

● Tree management on Councils website.

● Qualified and competent staff.

CR2

Council's Service delivery fails to meet communities expectations

● Low risk status due to community feedback constantly being sought and articulated plans to meet community expectations.

● Individual sectional reviews (e.g. ICT, Procurement, Planning Assessment etc.).

● Comprehensive community consultation via CSP process.

● Community feedback sought via cold calls from Customer Service and web based ‘Have your say’.

● Community Survey undertaken every 4 Years

● Bega Valley Shire Council’s Integrated Planning and Reporting Framework.

● Expenditure in maintenance across the Shire to respond to customer requests.

CR3

Council fails to respond effectively to disaster event/s

● Medium risk status due to unpredictability of disaster events.

● Purpose built Emergency Operations Centre (EOC).

● Local EMPLAN drafted and implemented.

● Dedicated resources for disaster management.

RISK STATUS KEY

High: risk management activities have not resulted in demonstrated improvement in the inherent risk exposure.

Medium: risk management activities have begun to demonstrate improvement in the inherent risk exposure.

Low: risk management activities have resulted in demonstrated improvement to adequately address or exceed inherent risk exposure.

 

ERM Lag Indicators - Insurance Claims

A lag indicator is an indicator that follows an event. The table below shows the number of public liability (both personal injury and property damage) incidents reported to Council and the resulting claims lodged. The data presented shows the October to December trend from 2012 to 2016.

Title: Incidents and Claims by Equivalent Quarter

Analysis - Insurance Claims (Public Liability – Personal and Property)

The data above shows a slight decrease in both incidents reported to Council as well as claims lodged compared to the same reporting period in 2015. Generally reports and claims are increasing from year to year (with Oct to Dec 2016 being an anomaly) and this trend is to be expected as visitors to our region increase and systems and processes for reporting incidents to and making claims against Council are maturing.

Finally, insurance and claims management is reported to senior management on a weekly basis.

Actions required to mitigate Insurance Claims

In order to ensure insurance claims management remains at the forefront of Council’s decision making processes the following actions are identified for inclusion in operational plans:

·    Systematic process for asset and infrastructure inspection, repairs and renewals as appropriate and realistically costed.

·    Training for staff in relation to insurance and the Civil Liabilities Act 2002 as appropriate.

·    Continued reporting and monitoring of Public Liability claims at all levels within Council.

Summary of key activities for the October to December 2016 Period

The list below summarises the key ERM activities that have taken place during the October to December 2016 reporting period:

·    Draft Event Management Procedure developed and currently undergoing appropriate consultation process with key stakeholders.

·    Draft Event Management guide and risk assessment developed to complement the Event Management Procedure.

·    Maritime Infrastructure Audit undertaken, awaiting report.

·    Draft Contractor Management Operational Risk Assessment and Induction Guide developed.

Risk Management Committee

The Leadership Executive Group (LEG) has ultimate responsibility for ERM oversight and management at BVSC, assisting senior management in this objective is the Risk Management Committee (RMC). The RMC reports directly to the senior management team at weekly meetings and through the Internal Audit Committee. The RMC is a critical component of Council’s Risk Management Framework.

The principle aim of RMC is the establishment and implementation of an ERM framework; and reviewing the effectiveness of framework in identifying and managing risks and controlling internal processes;

The RMC held their quarterly meeting on 13 September 2016 (minutes attached). Discussion points included public liability and insurance report, signage as remote supervision, RMAP and Contractor Management. The December 2016 meeting was postponed due to staff absence ahead of Christmas.

Conclusion

ERM continues to be a priority within Council with gradual improvements being made on a systematic basis. Proposed changes to the Local Government Act 1993 will see a legislative framework legitimising the function of risk within Councils in NSW.

As this is the first ERM report tabled for Council it is understood that the information presented will evolve over time to suit Council’s needs and enable Elected Officials to be conversant with Council's current risk posture.

 

Attachments

1.            ERM Heat Map

 

Recommendation

That Council note the Enterprise Risk Management Report for the October to December 2016 quarter.

 


Council

1 February 2017

Item 13.1 - Attachment 1

ERM Heat Map

 


Council 1 February 2017

Item 13.2

 

13.2. Major projects quarterly updates - to December 2016     

 

This report provides a quarterly update to Council and the Community on our current major projects.

 

General Manager  

 

Background

Council has been regularly receiving update reports on major projects since 2014, identified by them annually for the General Manager. During the annual performance review process for the General Manager this list was updated to include:

·    Council election in September 2016 – to be carried out within the legislation and reported

·    Councillor induction – to be implemented and achieve agreed individual Councillor Development Plans for implementation

·    Community Strategic Plan and all associated plans – to be carried out within the legislative timetable.

·    Joint organisation and Eurobodalla MOU - implementation achieved

·    Major projects - implemented on time and on budget

·    Merimbula Airport – management and move to Council as licence holder,  major works completed as per Deed; masterplan review and business plan development finalised; expansion agreed and implemented

·    North Bega Sewer

·    Eden Port

·    Other property matters – Australasia, Bega Hospital (if we proceed)

·      Culture Project - continue implementation of the Project and engage new Council in their important role in this process

·   Destinations NSW Regional Tourist Organisation – the inclusion of Bega Valley in the Canberra Ring and the need to monitor and evaluate the impact of this change on Bega Valley.

A monthly staff report is prepared on these and other significant projects for appropriate monitoring and oversight from the senior staff team.  Key aspects reported against include:

·    Planned outcomes and key outputs

·    Progress with timelines and milestones

·    Risks and actions to mitigate risks

·    Internal and external communication plans

·    Budget items including progress against budget

PROJECT

COMMENT

Council elections

The Council elections were held and all requirements met. When the NSW Electoral Commission provides it report to the General Manager a report on the conduct of the elections will be provided to Council including the final costs.

Councillor Induction

A detailed Councillor induction program as adopted by Council has been progressively implemented. This has included attendance at training run by the NSW Office of Local Government and LGNSW and Council specific sessions; Council run sessions, joint sessions with Eurobodalla Shire Council. The program continues and individual continuing development plans will be developed prior to June 2017. An assessment of the program will be undertaken by Councillors in April 2017 to provide reflective feedback for the ongoing development program and for the induction program following the 2020 election.

Community Strategic Plan and associated plans

The community engagement plan stages of the Unders5tanding Our Place and the community survey have been completed. Draft responses to these and detailed asset management planning work has concluded. The program is on track with focus groups planned for March 2017 and final draft documents to be presented to Council on 17 May.

Joint Organisation and MOU Eurobodalla

Council is now participating as a member of the Canberra Region Joint Organisation (CBRJO). The final boundaries have yet to be announced by the Minister and the enabling legislation is not expected until March or April. It is expected that the new entities will commence on 1 July 2017.  Staff have been proactive in ensuring that involvement in the CBRJO is linked to benefits for the local community.

 

Councillors and staff have participated in a number of induction sessions with Councillors and staff from Eurobodalla. This joint process was an undertaking of the implementation of the MOU. Operational

Merimbula Airport

Works have commenced on the installation of the first stage of the Restart NSW funded program – the water upgrade to the site; deregulation has been announced by the Minister for Transport; liaison with CASA and final design stages for the stage two of the project is progressing; the works on the terminal are in the next stages of contract development with the Federal Government; the process for the transition of the licence to Council is on target. Review of the Masterplan will proceed this calendar year.

Eden Port

Liaison continues with Crown Lands the lead in the two Eden Port projects.

North Bega Sewer

Works out to tender. Requirements of contract on track.

Property Matters

Australasia – Council resolution that open tender proceed. Bega Hospital site still in negotiations.

Culture Project

Organisation Culture Index work with Human Synergistics completed. Internal projects aimed at improving communication, innovation and training being developed for roll out in 2017.

Destination NSW Board

The new Board has been appointed. A tour to the local area is being arranged.

 

 

Attachments

Nil

 

Recommendation

That Council note the major projects update report.

 


Council 1 February 2017

Item 13.3

 

13.3. Councillor Development Program:  Conference and Forum attendance January to June 2017     

 

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

 

General Manager  

 

Background

On 12 October 2016, Councillors received a report on the Councillor Development Program for the 2016/2017 year, which identified the conferences/forums that Councillor delegates should be nominated to attend.  Councillors deferred a decision on attendance at some conferences to be held in the January to June period 2017 until they were more conversant with their roles.

Detailed in the table below is an update on the conferences that were attended and those requiring a decision for the remainder of the 2016/2017 Financial Year. 

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

Staff attendance only

9-11 November,

2016

NSW Coastal Conference, Coffs Harbour

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

Staff attendance only

10-11 November 2016

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

Recommend Chair of Planning & Environment or Chair Economic Development

Cr Nadin attended

22-24 November 2016

NSW State Library Conference

Ulladulla

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

No Attendance

Not confirmed for 2016/17

Australian Public Sector Anti-Corruption Conference

Recommended Chair of the Governance Committee/Internal Audit Committee

To be resolved

12-14 March 2017

LG NSW Tourism Conference, Taree

Recommend Chair Economic Development Committee&/or SCT delegate

To be resolved

March 2017

 

Australian Local Government Women’s Association

Venue to be advised

Open to female Councillors

To be resolved

May 2017

Australian Coastal Councils' Conference, Queensland

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

To be resolved

29-30 May 2017

Communities in Control Conference Melbourne

Previously attended by staff when developing the community engagement strategy / procedure

To be resolved

18-21 June 2017

 

Australian Local Government Association National General Assembly Canberra

Mayor and Councillors to be nominated

To be resolved.

 

Attached is a table outlining the timeframes, background and costs to attend those conferences not resolved on 12 October, 2016 and other conferences identified by Councillors and Council officers since that time.

To view the full program for each Council, please use the links provided below:

Conference program links

LGNSW Tourism Conference Program

Australian Local Government Women's Association Conference 2017

Australian Coastal Councils Conference 2017

NSW Australian Local Government Women’s Association Conference 2014 Program

Communities in Control 2016 Program (2017 Program currently being developed)

ALGA website

Australian Public Sector Anti-Corruption Conference (APSACC) 2015 program (2017 program currently being development)

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 also included any costs for Councillors' attendance at meetings as committee delegates, as resolved on 12 October 2016 “Committee and Panel - Delegates and Representatives”.

As at 31 December, 2016, the available balance from the $110,000 budget is $50,000.

 

Funding source

 

Amount

DELEGATES EXPENSES [ELECTED OFFICIALS]

$

10,000

COUNCILLOR INDUCTION EXPENSES

$

40,000

 

Conclusion

Attendance at key local government and topic specific conferences is an important part of developing Councillors' skills, knowledge and contacts. The Induction Program in concert with attendance at conferences or other events play 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

1.            Conference costings and program summaries January 2017 to June 2017

 

Recommendation

1.         That Council determine attendance at the following conferences for the period 1 January to 30 June 2017.

2.         That registration, travel, accommodation and related costs be covered as per Council’s policy.

 


Council

1 February 2017

Item 13.3 - Attachment 1

Conference costings and program summaries January 2017 to June 2017

 


 


Council 1 February 2017

Item 13.4

 

13.4. Actions from resolutions of Council - Status Report     

 

This report provides a status update on Council officer actions following Council Resolutions over the past three months.

 

General Manager  

 

Background

Following each Council meeting the Resolutions are tasked to an officer in Council’s electronic Report System - InfoCouncil.  Progress of actions undertaken in relation to respective Resolutions is monitored by senior staff through the use of the Minute Instructions, which are printed and made available at each Council meeting.

To improve transparency, a process has been introduced so that each quarter a report is provided to formally update Council.  This update notes comments and actions against all Council Resolutions for the previous quarter.

Attached to this business paper is the report on outstanding and completed actions for the period 1 October 2016 to 31 December 2016.  It provides information to Councillors and the community on the status of those actions taken on Resolutions over the past three months.

Conclusion

Councillors and members of the community are interested in the progress of actions against Council Resolutions. This process provides a formal report back to Council on a quarterly basis and then provides the information openly to the community via Council’s website.

 

Attachments

1.            Outstanding Council Meeting Actions 01/10/2016 to 31/12/2016

2.            Completed Council Meeting actions 01/10/2016 to 31/12/2016

 

Recommendation

That Council note the status report on actions from Council’s Resolutions for the quarterly period of 1 October, 2016 to 31 December 2016.

 


Council

1 February 2017

Item 13.4 - Attachment 1

Outstanding Council Meeting Actions 01/10/2016 to 31/12/2016

 


 


 


 


Council

1 February 2017

Item 13.4 - Attachment 2

Completed Council Meeting actions 01/10/2016 to 31/12/2016

 


 


 


 


 


 


 


 


 


 


 


 

  

 


Council

1 February 2017

 

Staff Reports –  Finance (Leading Organisation)

 

1 February 2017

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

14.1            Certificate of Investments made under Section 625 of the Local Government Act, 1993         148


Council 1 February 2017

Item 14.1

 

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

 

This report details Council’s investments during the month of December 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 /Policy

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 and resource considerations

The attached report indicates a current investment portfolio of $52,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

Oct 2016

Nov 2016

Dec 2016

General Fund

$17,294

$17,294

$19,294

Water Fund

$13,486

$13,486

$13,486

Sewer Fund

$20,120

$20,120

$20,120

In addition, there is $ 1,950,649 in uninvested funds in Council’s operating account. There is an additional $4,000,000 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

$9,512

$12,050

$3,683

$25,245

Water Fund

$3,333

$10,153

 

$13,486

Sewer Fund

$3,879

$16,241

 

$20,120

The restrictions reported in Table 2 relate to 30 June 2016.

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 December 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

1 February 2017

Item 14.1 - Attachment 1

Investment Report December 2016

 


 

  


Council

1 February 2017

 

 

Notices of Motion

 

01 February 2017

 

18.1            Spiire Master Plan Merimbula and Bermagui CBD reviews............................ 153

18.2            Underground Power Lines for Merimbula CBD................................................ 154

18.3            Bega and Pambula Regional Sportsground masterplans.................................. 155


Council 1 February 2017

Item 18.1

 

18.1. Cr Mitchell Nadin - Spiire Master Plan Merimbula and Bermagui CBD reviews        

 

Background

As Council prepares to roll out its CBD upgrade and beautification master plans it would be prudent to begin detailed plans as soon as possible so the window of consultation with the community is larger and scheduled work carried out in the meantime can refer to the plan. 

Preparing a detailed and costed plan earlier also means the project will be 'shovel ready' if funding becomes available from other sources and will ensure it isn't rushed.

There are several reasons for this:

·    as we begin potentially investigate the opportunity of putting the CBD powerlines underground; there have been many changes in the Merimbula since the master plan was created (including the by-pass and potential large scale parking options);

·    work will need to be carried out resurfacing Market Street in the next 1-2 years; major construction will be soon underway in Main Street;

·    the intersection at Market and Monaro will be sorted out; and all of this needs an overarching plan;

·    there have been works carried out in Bermagui and there is community interest in being involved in the next stage of detailed design.

It would also be prudent to build on the current master plans by calling for broad expressions of interest for design companies to carry out this work.

Cr Mitchell Nadin

 

Attachments

Nil

 

Notice of Motion

That Council go to open tender for a design to establish detailed working plans, including traffic and parking plans, in consultation with the respective communities for Merimbula and Bermagui CBDs.

 

 


Council 1 February 2017

Item 18.2

 

18.2. Cr Mitchell Nadin - Underground Power Lines for Merimbula CBD        

 

Background

As part of its master plan for Merimbula’s CBD, the Council – through a recommendation by the plan’s authors, Spiire – identified removing a number of power poles and putting a portion of the town’s electricity supply underground.

It has long been the Council’s and many locals' desire to undertake the work for obvious beautification purposes, but also to improve the reliability of the town’s power supply. 

As part of its report, Spiire recommended that before commencing any streetscape work it would be prudent to bury the power to prevent doubling up on work, which would obviously be financially inefficient for Council but also cause commercial hardship for local business owners who would be inconvenienced again.

Through community consultation, including the Community Strategic Plan, the Merimbula public has made it clear that putting power underground in the CBD would be crucial for safety purposes and beautification works. In fact, one survey showed that underground power was identified by locals as being a number one priority to beautify the town. 

The timing of this work is opportune. Essential Energy has indicated that a number of power poles have been identified for immanent replacement because of the current decaying network; in the following year it is expected a large stretch of Main Street will be under construction while work takes place on two new supermarkets.  In addition, Market Street is due for resurfacing as the current asphalt road reaches the end of its lifespan and the intersection at market street and park street will take place soon. All this work should happen in conjunction with a detailed and complete master plan.

Conduit that would accommodate the power already exists in parts of the town. This should be identified and taken into account during planning.

Numerous shops have already made provision for underground power. For those that have not, this will be an investment for land owners to bear.

The town has been promised this crucial piece of infrastructure work for decades but nothing has come to fruition. 

Council would be following the example of other tourist towns on the far south coast that have completed similar work to enhance the natural beauty of their towns and invest in reliability for future electricity needs.

Cr Mitchell Nadin

 

Attachments

Nil

 

Notice of Motion

That Council work with Essential Energy to explore the possibility of putting Merimbula Central Business District powerlines underground to take advantage of opportunities such as substantial new development, planned road resurfacing and major intersection upgrades, planned power pole upgrades, and work on the Central Business District master plan.

 


Council 1 February 2017

Item 18.3

 

18.3. Cr Mitchell Nadin - Bega and Pambula Regional Sportsground masterplans        

 

Background

Over the period 2012-16 the Council identified Bega and Pambula sport grounds as regional sports facilities and commissioned landscape design firm Spiire to produce master plans for each site.

The second stage is now to produce detailed plans for each facility to ensure the projects are shovel ready and fully costed. Also, this stage will allow Council to prioritise urgent works on either site with community consultation.

Cr Mitchell Nadin

 

Attachments

Nil

 

Notice of Motion

1.      That Council activate funding to begin detailed plans for Bega Sports Ground and Pambula Sports Ground and review the projects' priority schedule and scale, which was outlined in respective master plans. 

2.      That Council adopt a schedule for the staged implementation of works.