Agenda of Council - 22 February 2017

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

22 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 1 February 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 Management Plans for Cuttagee, Middle and Nelson Estuaries............................................... 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 Consultation on Thatchers Flat footbridge and other pathway options in Tathra............... 14

10.2 Community Hall Committee nominations................................................................................... 19

10.3 Young Women's Scholarships....................................................................................................... 21

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 Licence Agreement to Wyndham Men's Shed Incorporated................................................. 26

11.2 Tourism Service Providers Contract Extension......................................................................... 29

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 RFT 10006501 North Bega Sewerage Pumping Station and Mains........................................ 34

12.2 Proposed Waste Strategic Working Group................................................................................ 37

12.3 Bega Valley Local Traffic Committee........................................................................................... 40

12.4 Building Better Regions Fund Application - Linking Eden Port to Economic Outcomes .... 44

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 Community Strategic Plan: Half Year Review of 2016/17 Delivery and Operational Plan. 50

13.2 Conduct Review Panel................................................................................................................. 115

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 123

14.2 Quarterly Budget Review Statement (QBRS) at December 2016........................................ 127

15 Adoption of Reports from Standing Committees

Recommendation

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

16 Delegates Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

19.1 Central Waste Facility - Diversion of Food Organics from Landfill....................................... 154

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 22 February 2017

Item 9.1

9.1. Management Plans for Cuttagee, Middle and Nelson Estuaries

Draft Management Plans have been developed for the Cuttagee, Middle and Nelson Estuary Catchments. The draft Plans detail locations, activities and responsibilities to rehabilitate, maintain or improve the ecological functioning of the Catchments. Community consultation was an important component in the development of the Management Plans. This report recommends the adoption of the draft Plans by Council.

Director Planning and Environment

Background

A requirement under the new Coastal Management Act (2016) is for councils to develop Coastal Management Programs (CMP) for larger estuaries, particularly those experiencing development pressures and/or significant environmental issues. Council is currently in the process of reviewing several older Estuary Management Plans and developing a new CMP for Bermagui River to comply with these requirements. While there are no specific requirements for the management of the Shire’s smaller estuaries such as those of Cuttagee, Middle and Nelson, Council has taken an important leadership role in ensuring these areas are managed effectively and sustainably.

To address issues in these smaller catchments and estuaries, Council environmental officers have developed a fit for purpose approach based on a ‘Rapid Catchment Assessment’ methodology. As a result, three draft Management Plans have now been developed to guide the future management of the abovementioned estuaries.

The Management Plans generally align to the new process for developing CMPs from the State Government’s Coastal Management Manual (diagram below). Management actions for Council, landholders and State Agencies within the draft Plans are similar to those which will be identified through the standard CMP process.

Issues

Legal /Policy

Under the new Coastal Management Act (2016) councils are required to put in place CMPs for the coastal zone and larger estuaries. Although Cuttagee, Middle and Nelsons are smaller estuaries, it is important that best practice management strategies are still applied. The strategic approach of the draft Management Plans that have been developed, displays Council’s commitment to managing these estuaries in partnership with local landholders, oyster farmers and State Agencies.

Strategic

This project forms part of Environmental Services Operational Plan deliverables for Council, specifically:

Strategic Direction: S1.2.2 Catchment management programs developed for small estuaries, based on Wapengo model.

Annual Activity: S1.2.2.1 Adopt the Coastal Lakes and Lagoons Catchment Assessment Program.

Importantly, the Plans also align and complement Council’s broader responsibilities under Strategic Action S1.2.1 Administer the Coastal Zone Management program.

These draft Plans, if approved by Council, will become the strategic documents for the environmental management of the three estuaries.

Operational / Asset Management Plan

A range of management actions have been developed including:

· Stabilising road embankments to reduce sedimentation

· Fencing off areas of key saltmarsh

· Landscaping works

· Revegetation

· Installation of signage.

In order to deliver those actions which Council is responsible for, projects will be delivered as part of Council’s standard Asset Management Program. Additional funding from external sources may be secured to implement larger projects.

Environmental / Sustainability

These draft Plans will be the key management tool used to design and deliver environmental works within the estuary, foreshores and catchments of Cuttagee, Middle and Nelson Estuaries. Additionally, the draft Plans identify the key processes threatening each estuary, and identify a range of management actions Council, State Agencies, oyster farmers and landholders may implement to maintain/improve the social, environmental, cultural and economic health of the catchment.

A number of the management actions identified within the draft Plans are not on Council land or under Council’s direct responsibility. However, they may be undertaken by relevant State Agencies, oyster farmers or private landholders with advice and assistance as required. For example revegetation, fencing, stock exclusion and weeding are all actions that will be the responsibility of the Department of Primary Industry Lands, National Parks & Wildlife Service, Local Land Services or private land holders when resources permit.

Social / Cultural

Actions within the draft Plans specifically target social and cultural projects/initiatives. Examples of these projects include:

· Installation of interpretive signage

· Consultation with Local Aboriginal Land Councils to investigate cultural values of particular sites

Economic

Projects outlined in the draft Plans on Council land will generally be undertaken with funds from within Council’s Asset Management Program and Environment Levy (Special Rate Variation). External grant opportunities will be explored as opportunities arise.

Community Engagement and/or Communications

The draft Plans have been developed with involvement from a range of government agencies, non-government stakeholders and community members including Department of Primary Industry Lands, Department Primary Industry Fisheries, South East Local Land Services, Office of Environment & Heritage, National Parks & Wildlife Service, oyster farmers and residents. Drop-in sessions, surveys, meetings with community members and media releases were all key activities in the consultation phase of the project.

Initial community surveys were sent out in August 2015 to all landholders in the catchments and other key stakeholders to gauge issues and expectations from the community and residents (survey feedback can be found within the draft plans). A follow up community drop-in session was then held central to each Lake in March 2016 to discuss potential issues and priorities for management actions. Site specific meetings were also undertaken with interested community members and stakeholders.

The draft Plans were placed on Council’s website for an exhibition period of 28 days in August 2016 in which no formal submissions were received.

Financial and resource considerations

Funding for this project was provided by the Office of Environment and Heritage ($20,000) and Council through the Environment Levy (Special Rate Variation). All project funds have now been expended and the State grant acquitted.

Funding source

Amount

BVSC Coast and Estuary Budget (SRV E-Levy) and

NSW OEH Coast, Estuary & Floodplain Management Grants Scheme

55,000

Conclusion

With the adoption of these three (3) draft Plans; Council will have Management Plans in place for most of the estuaries in the Bega Valley Shire. These Plans are the key strategic documents to guide the effective and sustainable management of our Shire’s Estuaries. They provide Council and associated stakeholders with targeted priority actions.

Copies of the draft Plans will be tabled at the Council meeting and are available for viewing via these links to Council’s website:

Middle Lagoon = https://www.begavalley.nsw.gov.au/page.asp?f=RES-MFQ-13-07-68

Nelson Lagoon = https://www.begavalley.nsw.gov.au/page.asp?f=RES-VLC-16-01-72

Cuttage Lake = https://www.begavalley.nsw.gov.au/page.asp?f=RES-GAC-71-64-36

The draft Plans are recommended for adoption by Council.

Attachments

Nil

Recommendation

That Council adopts the Management Plans for Cuttagee, Middle and Nelson Estuaries.

Council 22 February 2017

Item 10.1

10.1. Consultation on Thatchers Flat footbridge and other pathway options in Tathra

This report provides the outcome of consultation undertaken in Tathra on the replacement of Thatchers Flat Bridge and alternative pathway options.

Director Community, Relations and Leisure

Background

At the Council meeting on 14 December 2016 Council considered the report 10.3 Community Project Proposals and Resolved: That a report be presented to Council on 22 February identifying potential funding sources and including feedback from community consultation undertaken for the Tathra Headland Pathway planning and design.

Thatcher’s Flat footbridge provided pedestrian access from the Hobbs Corner camping site, informal parking areas and informal walking tracks across the creek to the southern end of Tathra Beach and carpark. In the 2016/17 planned asset renewal program, $50k was allocated towards the renewal of the Thatchers Flat footbridge. The footbridge was further impacted by the East Coast Low storm event in June 2016. During the storm, sand built up in the vicinity providing temporary walking access to the beach and the footbridge has been completely removed for safety reasons.

Tathra residents have demonstrated strong community interest in the establishment of a walkway at the Tathra Headland. The project has been reported to Council previously and Council has noted the merit of the project, however the project is currently unfunded. Council included the project with its Headline Project list for consideration and prioritisation with other major projects being planned in the Shire. The Tathra Headland and Wharf Access Group submitted a Community Project Proposal for Council to provide $40k to progress with site assessment, planning, and costing phase of the project.

There are limited options for funding the Headland Path planning works, without impacting on other areas of Council work. One proposal was to reallocate funding from the planned renewal of Thatchers Flat Bridge. Another option was to look at more cost effective alternative to replacing the footbridge that would also improve access generally in the area.

A consultation period was held in January 2017 to allow for a report to be presented to Council as soon as practicable. It is acknowledged that short time frames constrained the scale and type of consultation that was possible.

Issues

Strategic

This report relates to the following strategic actions in the Community Strategic Plan:

A2 - Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.

E5 - Enhancing visitor experiences: Providing opportunities for local residents and visitors to experience the unique social, cultural and natural attractions of the region.

Operational / Asset Management Plan

This report relates to the following actions in the Recreation Asset Management Plan and BVSC 2017 Operational Plan:

A1.1.1 - Implement Asset Management Strategy and Recreation Asset Management Plan

A2.3.1.2 - Review provision of asset types to balance quantity, quality and servicing of facilities. (Relates to ground truthing asset renewals to account for current needs and expectations)

Renewal of Thatchers Flat Bridge is an identified capital renewal project in the 2016/17 Operational Plan. It is a planned renewal directed from the Recreation Asset Management plan.

Social / Cultural

The response to this time limited consultation demonstrates the strong interest of residents in the future design and delivery of public space in Tathra. All options appear to have been valued by the Tathra community. The historic and cultural value of the footbridge was raised and seen by some as an integral part of Tathra’s identity. The Headland path was frequently spoken of as a future tourism asset.

Community Engagement and/or Communications

Between 18 January and 30 January 2017 a targeted consultation, led by the Bega Placed Based Officer, was undertaken in Tathra to gauge community interest in three options:

1. Replace Thatchers Flat footbridge (the current project)

2. New pathways improve access to the Tathra Beach (a cheaper alternative)

3. Allocate funding to the next stage of planning for the proposed Tathra Headland Path.

An online survey was developed as the key consultation tool. Council officers held four listening posts in the vicinity, and met with business owners, using an iPad to record results into the online survey. Hard copies of the survey were also available and were letter box dropped to properties in Dilkara Rd and those surrounding Thatchers Flat footbridge. The listening posts were held at:

· Andy Pool Drive: Thursday 19 January from 10am to 2pm,

· Bega Street and Tathra Wharf: Friday 20 January from 11am to 2pm

· Tathra Wharf: Monday 23 January from 1pm to 4pm.

· Andy Pool Drive: Thursday 26 January 11am – 1pm

Advice was provided to participants that feedback regarding the survey and alternative ideas relating to Tathra accessibility could be provided by email (council@bvsc.nsw.gov.au) or post.

The survey was promoted via the “Have Your Say” section on the Council website, media releases, Facebook posts, via email networks and by posters displayed by Tathra businesses. The consultation received print media and radio coverage.

It was acknowledged this consultation was targeted and had a limited scope. The tight timeframe drew some concerns from community members. In response to those concerns some adjustments were made to clarify the survey questions and promotional material during the consultation period.

Strong community interest in the options was evident in the high number of responses to the survey. In total there were 353 responses received which included responses from 189 Tathra residents, 119 from across the Bega Valley Shire and 45 visitors. The listening posts and options for people to complete handwritten surveys proved a useful way to get feedback from Tathra residents with a larger proportion of local residents providing feedback this way. It should be noted that respondents could choose an option, all options or no options.

The results were:

Proposal	Preference
Proposal	1	2	3
Restore Thatchers Flat footbridge Responses	85	114	118
Footpaths to improve access - Entrance of Tathra Beach - Responses	43	135	131
Planning for Tathra Headland Walk - Responses	213	60	66

The survey outcomes demonstrate most interest is in progressing with planning for the Tathra Headland Path, with the footbridge renewal second and the option to improve footpaths third. The outcomes show each option has interest and merit.

People consulted via listening posts and during business visits were encouraged to submit their comments via the survey option, however it is worth noting the following feedback was also raised by community members during face to face sessions:

· Many people were interested in improving access from Bega Street down to Andy Pool Drive for pedestrians

· There were many positive comments made regarding Council’s consultative approach to these issues, however some concerns were raised also about the cost of consultation

· The historic and social value of the Thatchers Flat footbridge was an import consideration for those that used the bridge as was accessibility more broadly.

· A number of respondents expressed interest in being further engaged with the headland walkway planning and considered it as a potential tourist destination.

Formal written submissions were not sought for this consultation; however five written submissions were received from Tathra residents. The submissions contained direct comments regarding:

· The state of accessibility in Tathra generally and from Bega Street to Andy Poole Drive in particular

· Comments and support for reinstatement of the headland ring road

· An offer to contribute resources and labour towards replacement of the Thatchers Flat footbridge

Feedback received at listening posts on other Council related issues was fed back to the relevant Council Groups.

Financial and resource considerations

No additional funding was required to deliver this consultation as it drew on current community development officer resourcing. The table below represents an estimate of Council officer time required to deliver the consultation.

Task	Section	Resources (officer hrs)
Project, communications and engagement planning	Community Development Leisure and Recreation Communications	8
Developing promotional material: Surveys, information sheet, media releases, online material (Facebook & BVSC website) Printing and distribution.	Communications Community Development	7
Consultation: Listening posts, interviews, letter box drops, responding to queries.	Community Development Leisure and Recreation	24
Analysis of results and reporting, follow up on issues raised	Community Development Leisure and Recreation	14
	Total Approx.	53 hours

There is currently $50k allocated to renew the footbridge at Thatchers Flat. This amount was based on recent footbridge construction costs at Lake Curalo in Eden, which are simple but neat and met current standards and regulations. There is limited scope to reduce the scale of the bridge renewal. The offer of volunteer contributions are appreciated, and they are likely to somewhat reduce the costs; however a new bridge will require much of the allocated budget.

As previously noted, Headland Path project has merit however it will be a new asset and major capital investment. With the capital investment come ongoing operations and maintenance costs which will need to be met into the future. A high profile feature asset will need continued regular cleaning and maintenance undertaken to meet what will be high expectations.

All works funded by Council need to comply with Council’s Procurement Procedures which, for the $40k estimated value of the planning works, will require a well-documented request for quotation/s, fee proposal and evaluation process.

Risk

The community has been asked which of the proposals is their priority. To not follow the outcomes of the consultation would likely be interpreted as Council not listening and could be a reputational risk to Council.

Progressing with planning of the Tathra Headland Path may raise expectations for delivery and completion of an unfunded project.

Not replacing the footbridge or installing footpaths will not resolve access issues from the Hobbs Corner area to Tathra beach. This will likely be seen as a decrease in asset provision.

Options

The results of this consultation indicate most interest is in the Headland Path planning project. During the consultation process it was confirmed many times this was only a planning phase of what was to be a major project which was currently unfunded. Council could consider the following options moving forward:

Option 1 – Reallocate funds from the Thatchers Flat Footbridge renewal to undertake Tathra Headland Path Planning.

Option 2 – Maintain the current program and proceed with the planned Thatchers Flat Bridge renewal and look for other options to fund the Tathra Headland Path.

Option 3 - Confirm the Tathra Headland Path planning costs and reallocate budget Thatchers Flat Bridge renewal budget, and if surplus budget available install additional footpaths focusing on the key paths of travel from Hobbs Corner to Tathra Beach.

Option 4 – Reallocate funds from the Thatchers Flat Footbridge renewal to fund the Headland Path planning costs and defer Thatchers Flat Bridge renewal until 2018. This choice is not as simple as just deferring the footbridge project work. This option will in turn defer $50k of other asset renewal projects due next year. The projects typically affected by this type of deferral are lower profile asset renewals such as park furniture, fences and smaller local playgrounds.

Conclusion

This report and consultation process reflects the interest and value the community place on recreational facilities. It also reflects that interests and needs change, and asset management is not always as simple as renewing existing assets. The consultation outcomes present a clear preference, however they also show there was interest in the other options put forward and that people have differing views.

Attachments

Nil

Recommendation

1. That the report be noted.

2. That Council adopt Option 3 - Confirm the Tathra Headland Path planning costs and reallocate budget Thatchers Flat Bridge renewal budget, and if surplus budget available install additional footpaths focusing on the key paths of travel from Hobbs Corner to Tathra Beach.

Council 22 February 2017

Item 10.2

10.2. Community Hall Committee nominations

Additional nominations for positions on Council’s Community Hall Committees are presented for Council endorsement.

Director Community, Relations and Leisure

Background

The participation of volunteers in the care and management of Council’s Community Halls is an important way in which these facilities are activated, maintained and remain responsive to local needs and aspirations.

At its meeting on 2 November 2016, Council endorsed eighty four nominations for Community Hall committees. Additional nominations have since been received and are provided to Councillors in an attached Confidential Memorandum for consideration.

Issues

Legal /Policy

Section355 (b) and Section 377(1) of the Local Government Act 1993 enables Council to exercise its functions by a Committee of Council and to do so conditionally. The delegated functions of the Community Hall committees are set out in the Community Hall Committee Guidelines. These prescribe the manner in which the Committees must operate, including the requirement for committee members to adhere to Council’s Code of Conduct. Council recently endorsed the Community Hall Committee Guidelines and Operations Manual in November 2016.

Strategic

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2030: A2.3 Safe and well maintained built facilities to meet the cultural, recreational, tourism and community service needs of all ages and abilities in our community; L4.6 Volunteer program developed and implemented across whole of Shire; and LO3.1 Residents are informed about and involved in Council’s decision making.

Operational / Asset Management Plan

Management of community facilities are identified in the Operational Plan and Budget 2016-2017 under the strategic action: A2.3.1: Consolidate partnerships with community groups in managing and maintaining some community assets such as halls and sporting grounds.

Community Halls have individual Facility Management Plans which fall under Council’s Building Asset Management Plan.

Social / Cultural

Local Community Halls are often the hub of communities, particularly in smaller towns and villages. The involvement of volunteers helps ensure these facilities are well utilised and better able to meet community needs. Involvement in Hall committees also provides benefits to many individual volunteers by increasing their community connections and building their capacity through participation.

Community Engagement and/or Communications

Since November 2016, Council officers have worked with individual Hall committees and community members to encourage increased membership to Hall committees and this has resulted in the new nominations presented for endorsement. Community members participating in Hall committees are empowered to contribute to the care of Halls. Community Hall representatives are further engaged and consulted as members of the Section 355 General Halls Committee.

Financial and resource considerations

There is no direct financial impact arising from this appointment process.

Risk

The active and positive engagement of community members in Hall committees provides effective management of these assets.

Conclusion

Sixteen additional nominations to Council’s Community Hall committees have been received, which continues to demonstrate the strong volunteer spirit held by Bega Valley Shire residents.

Attachments

1 . Community Hall Committee Nominations (Councillor Only) (Confidential)

Recommendation

1. That Council note the report.

2. That Council resolve on the recommendation from the confidential memorandum.

3. That Council appoint the following nominees to Council’s Community Hall committees as indicated [Names to be inserted].

4. That Council officers advise all applicants of the outcome.

Council 22 February 2017

Item 10.3

10.3. Young Women's Scholarships

Applications have been received for Council’s Young Women’s Scholarships and are presented for consideration.

Director Community, Relations and Leisure

Background

Bega Valley Shire Council’s (BVSC) Young Women’s Scholarships are being awarded for the ninth year as a part of the Shire’s International Women’s Day (IWD) celebrations. IWD is a significant day of recognition and celebration of the economic, political and social achievements of women. The theme for IWD in 2017 is ‘Be Bold for Change’. This year Council has increased the budget allocation for the Scholarships to $2,500 enabling five scholarships of $500 to be awarded.

Council’s Young Women’s Scholarships recognises the important contribution that young women make to their communities. They are awarded to young women aged 18-25 who have shown potential in any field of endeavour including arts and culture, environment, business, community and health. They aim to encourage and support these young women to achieve their goals.

Place Based Officers promoted these Scholarship opportunities. Scholarship nominations closed on the 27 January 2017. Twelve applications were received.

In line with Council’s Youth Voice Youth Action engagement process, a Selection Panel was formed which included four young female staff members aged between 18 and 25 years and was facilitated by Place Based Officers. The Panel assessed the merit of all applications taking into consideration:

· whether the applicant met the selection criteria of being between 18 and 25 years and living in the Bega Valley Shire

· the potential for the scholarship to make a difference for the individual and/or for the community

· the applicant’s passion and the feasibility of their goals

· the applicant’s experience of financial hardship,

· whether the applicant has been a previous scholarship recipient

· diversity

Unsuccessful applicants who meet the eligibility criteria will be encouraged to apply for a BVSC Tertiary Scholarship.

Issues

Strategic

The Young Women’s Scholarships address two strategic outcomes in the Liveability section of the Bega Valley Community Strategic Plan 2030: Outcome 2.6 Community Actively Participates in Events, Festivals and Creative Community Activities; and Outcome 4.1 Young People are involved in all aspects of local life - including Civic Leadership, Business, Education and Volunteering.

Operational / Asset Management Plan

The Young Women’s Scholarships are delivered in line with Council’s Operational Plan 2016-17, L2.4.1.1 Deliver Council’s Tertiary and Young Women’s Scholarship programs

Social / Cultural

Council’s Young Women’s Scholarships showcase the meaningful contributions of young women to their communities. The scholarships are a positive way to directly recognise aspiring young women and further encourage them on their life journey. The involvement of young women on the Selection Panel provided them with an opportunity to express their ideas, to contribute new insights into the process and to develop their skills in governance and decision making.

Community Engagement and/or Communications

A communications plan was developed to inform the community of the scholarships. They were widely promoted through social media channels, print media, and community networks and through tertiary institutions.

The engagement of young people in the development and assessment of the scholarships was a new initiative for 2017 and follows Council’s adopted Youth Voice and Youth Action initiative. Four young female staff members provided input into the wording of the application and promotional material; they reviewed the website design and promoted the scholarships across their networks. This input helped ensure the marketing of the scholarships was accessible and engaging of the target group.

Financial and resource considerations

The scholarship funds have been allocated in the community development budget area.

Funding source		Amount
International Women’s Day Scholarship	$	2,500 total

Risk

The effective promotion and well considered assessment of applications for the Young Women’s Scholarships limit any potential reputational risk to Council.

Conclusion

Twelve applications for the BVSC Young Women’s Scholarships have been received. A Selection Panel has assessed the applications on merit. A Confidential Memorandum summarising the recommendations of the Panel is attached for consideration by Council.

Attachments

1. IWD Young Women s Scholarship 2017 (Councillor Only) (Confidential)

Recommendation

1. That Council note the report.

2. That Council resolve on the recommendation from in the Confidential Attachment memorandum.

3. That Council award a $500 BVSC Young Women’s Scholarships as part of International Women’s Day to (insert names).

4. That Council officers advise all applicants of the outcome.

Council 22 February 2017

Item 11.1

11.1. Licence Agreement to Wyndham Men's Shed Incorporated

The Licence Agreement for Wyndham Men’s Shed Incorporated to occupy the old Rural Fire Service shed located within a section of unformed Council road reserve in Wyndham is due for renewal.

Acting Director Strategy and Business Services

Background

The Wyndham Men’s Shed Incorporated currently occupies the old Rural Fire Service (RFS) shed at Gordon Street, Wyndham. Their occupation of the site has been authorised by way of a three year Licence Agreement (LA) which is due to expire on 28 February 2017.

Prior to the current LA being entered into, Council carried out a public Expression of Interest (EOI) process for the use of all old RFS sheds throughout the Shire with the results of the EOI presented to Council on 12 June 2013. Council resolved at that meeting to defer the decision to allow occupation of the Wyndham shed by the Wyndham Men's Shed group, as they were not an incorporated association with NSW Fair Trading and the shed itself was located within unformed road reserve.

At the Council meeting of 24 July 2013, a Notice of Motion was moved by Cr Tapscott advising the Wyndham Men’s Shed group had now incorporated their association and that an opportunity to apply for grant funding had become available, which would allow them to carry out further works required to occupy the building for their intended purpose. Council were formally requested to approve a LA for Wyndham Men’s Shed Incorporated to occupy the site. Council resolved to offer a three year LA at minimum annual rental.

Prior to recommending renewal of the existing LA, Council property officers have investigated the costs involved to rectify the building’s current location (and that of a public skate park) within the road reserve. Formal road closure and first title creation has been considered, however it is felt the costs involved in completing that process exceed the benefits at this time.

A site plan of the Men’s Shed location appears below for the information of Councillors.

Issues

Legal /Policy

Section 153 of the Roads Act 1993 provides that a roads authority may lease land comprising a public road to the owner or Lessee of land adjoining the public road if it is not being used by the public as road. The term of any such lease, together with any option to renew, must not exceed five years and may be terminated by the roads authority at any time for any reason.

Wyndham Men’s Shed Incorporated have indicated they would like the longest term tenure possible and it is therefore suggested that a further five year Licence be offered for their continued occupation of the site.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council property officers have considered whether direct negotiation with the current occupant is appropriate in this instance. It is recommended a further public EOI process not be conducted for the following reasons:

1. The proposed LA is to be granted to a not-for-profit community group who have a voluntary management committee comprising of local representatives and is for a term of five years only

2. The group provides an important social activity for members of the local community by providing men the opportunity to come together and discuss problems relating to their life such as health, work etc. In addition to this, they also hold weekly woodwork and construction sessions for year 5 and 6 students

3. The Wyndham Men’s Shed group have over the term of their current LA, funded various improvements to the old RFS shed

4. The demand for rebated community space within the Wyndham area is considered low, with the costs involved in carrying out a market testing/public competition process exceeding the rental achievable for the site once a rebate has been applied

5. Council property officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed

Wyndham Men’s Shed Incorporated lodged a rental rebate application prior to their occupation of the site three years ago. There has been no change in their financial status since that time and a full rebate of market rental under Council’s Rental Rebate and Assessment Procedure is once again recommended.

Community Engagement and/or Communications

Wyndham Men’s Shed representatives have been consulted regarding their future tenure and have indicated they wish to enter into a further five year Licence for their continued occupation of the site. As occupation is to be authorised by way of LA rather than exclusive lease, advertising of the proposal is not required.

Financial and resource considerations

As mentioned previously in the report, Council property officers have investigated the costs involved in formally closing the section of road reserve in order to create a parcel of land and offer long term tenure of the site. A quotation for the survey work and plan preparation was also obtained. A breakdown of those costs is outlined below for the information of Councillors:

· Crown Lands road closure application fee $476

· Council’s legal costs $3,500

· Preparation of survey plan $4,840

· Land Titles Office plan registration fees $1,800

· Land & Property Information transfer fees $300

Due to limited funding sources and revenue potential, Wyndham Men’s Shed Incorporated do not have the funds available to cover the above road closure costs. They only have capacity to pay the minimum annual rental fee, which is currently $518.10 (including GST) per annum.

Council does not have a budget available to proceed with the road closure process.

Council officer time has been required to liaise with Wyndham Men’s Shed representatives in relation to a new LA as well as investigate the road closure options. Further officer resources will be required to finalise the new LA and arrange execution as well as manage the LA during its term.

Risk

There are no adverse risks to allowing the building to remain within the section of surplus road reserve as long as any use is authorised by way of a formal agreement which contains appropriate indemnity and insurance clauses and reference to relevant sections of the Roads Act 1993.

Options

In order for any permanent road closure application to receive approval, Council would need to ensure that legal access to all adjoining parcels of land was retained. In light of the complexity of the process and the extensive costs involved, this is not considered the preferred option at this time.

Conclusion

Wyndham Men’s Shed Incorporated has occupied the old RFS building at Wyndham for the past three years. They have invested considerable funding into carrying out improvements to the building during that time, which include the installation of toilet facilities and associated septic system required in order to operate as a Men’s Shed facility. They are responsible for the on-going maintenance and structural integrity of the building and for this reason it is recommended a further Licence for a period of five years be offered.

Attachments

Nil

Recommendation

1. That Council approve a further five (5) year Licence to Wyndham Men’s Shed Incorporated for their continued occupation of the old Rural Fire Service shed located on surplus road reserve on the corner of Norwood and Gordon Streets, Wyndham at minimum annual rental.

2. That the General Manager and/or Mayor be authorised to execute the Licence Agreement documentation.

Council 22 February 2017

Item 11.2

11.2. Tourism Service Providers Contract Extension

The three (3) year Contract with Sapphire Coast Tourism Ltd to deliver Bega Valley Shire Council funded tourism related services, expires on 30 June 2017. It is proposed the current Contract be extended by twelve (12) months.

Acting Director Strategy and Business Services

Background

The third and final year of a Contract that sees Sapphire Coast Tourism Ltd (SCT) deliver Bega Valley Shire Council (BVSC) funded tourism related service, ends on 30 June 2017. The recently announced, and soon to become functional, Destination Networks (established by the NSW Government) and the recommendations of the Review of Tourism Services in the Bega Valley Local Government Area (LGA) (conducted by Jenny Rand in late 2015 and early 2016), combine to make it appropriate to thoroughly consider Council’s role and strategic approach to tourism services delivery, before advertising or entering into a new contract

Issues

Legal

The Contract period with Sapphire Coast Tourism as the BVSC external provider of tourism related services is coming to an end. The term of the contract can be extended by Resolution of Council.

Policy

There are a range of services that can be provided to support the visitor economy as well as a variety of service delivery mechanisms and funding options. Broadly, factors that influence service provision include the current status and capacity of the visitor economy in the area, what is needed to drive and facilitate growth in the sector, the funds and resources available (given other local priorities), and the capacity and willingness of key stakeholders to work together. External factors, such as Government policies and funding programs can also influence the direction the provision of tourism services will take. Structures may need to evolve or change as the key drivers of the visitor economy and the tourism industry itself changes.

Strategic

By extending the current Contract period the following strategic issues arising from the establishment of the Destination Networks and the Review of Tourism Services in the Bega Valley LGA will enable the proper consideration to be given and therefore better inform the future service delivery model funded by Council:

1. Cooperation, collaboration and formal partnership with Eurobodalla Shire, given that BVSC and Eurobodalla Shire Council are the only coastal areas in the Destination Network region; and

2. The Destination Network Board and secretariat will inform the role Council and/or its contractor will play, in terms of service and resource levels in the various Key Service Areas identified in the Review of Tourism Services in the Bega Valley LGA conducted by Jenny Rand.

Operational

This proposal is made so that future governance, responsibilities and funding for tourism related services controlled by BVSC are decided taking into consideration a changed operating environment that will present new opportunities and relationships.

Economic

The Visitor Economy for the Bega Valley Shire LGA is valued at $350 million pa.

Community Engagement and/or Communications

The Board of SCT have been informed of the possibility of a one-year extension to the current Contract period, subject to Council approval. The Board has indicated support for the suggestion and a willingness to accept an extension of the current Contract subject to further discussions.

Financial and resource considerations

The established protocols that see funds allocated to SCT under Council’s annual budget process would continue. The extension period would enable Council to understand the budget implications for future years under possible different operating and service level models.

Subject to current budget process

Funding source		Amount
Special Rate Variation	$	335,000
General Fund	$	95,000

Risk

The delivery of tourism related services in the Bega Valley Shire LGA could be disrupted if an extension of Contract arrangement is not resolved.

Options

Whilst a twelve (12) month extension of the current contract is preferred, it is an option to consider other periods.

Council might consider the establishment of a “Tourism Review Liaison Group” to ensure communication with representatives of the visitor economy are formalised, as decisions about future service delivery are processed.

Conclusion

Extension of the current Council Contract with SCT will enable major changes to the operating environment to be accommodated in future service delivery models. It will also allow the recommendations regarding service level and delivery responsibilities as highlighted in the Rand Report, to be duly considered in a changed environment.

Attachments

Nil

Recommendation

1. That Council note the report.

2. That Council offer a twelve (12) month extension of the current Contract with Sapphire Coast Tourism Ltd to 30 June 2018, within correct budget allocations and the General Manager be authorised to execute the contract documentation.

3. That Council establish a “Tourism Review Liaison Group” and appoint Cr (insert name) as its Delegate

Council 22 February 2017

Item 12.1

12.1. RFT 10006501 North Bega Sewerage Pumping Station and Mains

This report provides information regarding the tender process for construction of the North Bega sewerage system. The report recommends award of the tender to the preferred contractor.

Director Transport and Utilities

Background

Council has entered into an Agreement with Bega Cheese (BCL) which will assist BCL to better manage sewage from their facilities in North Bega.

To facilitate 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 (STP) 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;

· A four kilometre long rising main to transfer sewage to the existing Bega STP at Taronga Crescent; and

· Other necessary works.

Issues

Legal

The procurement of the proposed works (RFT 10006501) has been undertaken in accordance with the Local Government Act 1993 tendering requirements.

The route of the proposed infrastructure between North Bega and Bega STP is substantially located within existing easements.

Negotiation has taken place with the owner of two properties on Lagoon Street, North Bega and formal agreement has been obtained to establish necessary easements across both properties.

Determined at Council Meeting Wednesday 1 February 2017:

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

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.

In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against: Nil

Absent: Cr Nadin”

Strategic

The installation of a sewer system in North Bega is now a strategic objective of Council.

The proposed SPS 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 other industrial customers in the locality.

Operational Plan

The works are included in Council’s current financial year Operational Plan for sewer reticulation item A3.2.4.2.

Environmental / Sustainability

A comprehensive Review of Environmental Factors (REF) has been prepared by an expert environmental engineering consultancy. The REF concludes the proposal is unlikely to cause significant environmental impact, provided the site specific environmental safeguards identified in the REF are implemented.

Risk

Once completed, this work will significantly improve sewage management in the North Bega area and reduce the risk to drinking water supplies posed by current sewage disposal and effluent reuse arrangements.

Economic

The construction works will support positive economic outcomes associated with the North Bega industrial area.

Asset

Once constructed all assets will be owned and operated by Council.

Consultation

Substantial stakeholder consultation has been undertaken with Bega Cheese and nearby landowners who will be affected by the project.

Conclusion

Public Tenders were called and three conforming Tenders were received.

It is recommended the preferred tender be accepted as it provides the best overall value to Council.

The recommended contractor is considered to be competent, experienced and suitability qualified to undertake the project works described in this contract.

A confidential memorandum is attached in support of the tender award to the preferred contractor.

Attachments

1. Memo to Councillors RFT 10006501 north bega sewer pumping station and rising main construction (Councillor Only) (Confidential)

Recommendation

1 That Council accept the recommendations as outlined in the Confidential Memorandum.

2 That subject to receipt of the Bega Cheese Limited contribution, Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 10006501 Construction of North Bega Sewer Pumping Station and mains, in the amount of $<insert> (including GST), subject to variations and provisional sums.

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

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

Council 22 February 2017

Item 12.2

12.2. Proposed Waste Strategic Working Group

The Central Waste Facility Community Consultative Committee has reached the end of its tenure and this report seeks direction on the possible formation of a new Strategic Working Group to better align with Waste Services' delivery plan priorities.

Director Transport and Utilities

Background

The Central Waste Facility Community Consultative Committee (CWFCCC) was formed in early 2014, in response to a recommendation of the Southern Joint Regional Planning Panel in 2011. The CWFCCC consists of the Mayor, the Waste and Recycling Services Manager (Chair), and three community members who must reside within a five kilometre radius of the Central Waste Facility (CWF) site.

The CWFCCC has met six times on a half yearly basis over the three years that the CWF has been in operation. The community appointments have now reached the end of their tenure, with one community member no longer residing in the area.

The development of the CWF was a significant piece of council’s existing waste management strategy, the “2020 Vision on Waste”. The 2020 Vision was adopted by Council in 2000, and whilst its broader objectives in terms of waste minimisation and protection of the environment remain valid, many of the actions contained in the strategy are outdated.

Council has adopted development of a revised waste strategy review as one of its Delivery Plan objectives. This report recommends replacement of the CWFCCC with a Waste Strategic Working Group (WSWG) to further the development of a new waste management strategy.

Issues

Legal /Policy

The proposed WSWG would operate in a similar manner to the CWFCCC, as a forum for identification of strategic issues, workshopping and consultation only. The WSWG would not be a committee of Council and the WSWG would have no legal status under the Local Government Act 1993.

Strategic

There are obvious strategic benefits in maintaining a systematic community consultation process. However, whilst the CWF operation remains an important priority for Council, the CWFCCC meetings have not generally been productive, and a well-established communication and complaint processes is in place between the local community, Council and NSW EPA.

It is timely that Council turn its attention to consultation on the broader strategic objectives of waste management, particularly in light of the election of the new Council and the lead time required for establishing a new waste collection contract, to commence in July 2018. The importance of specifying the services to meet Council’s strategic objectives cannot be understated.

The value of waste management and in particular the value of landfill airspace is not well understood in the community. The benefits of less landfill and more recycling can be measured in terms of: better services; greater employment; economic opportunities; environmental benefits; and preservation of valuable landfill airspace. These strategic issues are effectively intergenerational.

In recognition of the fact the CWF is a vital part of Council’s future waste strategy, and most of Council’s waste management activities have an effect on the CWF operation in some form, it is recommended a WSWG is established in favour of continuing the existing CWFCCC. The WSWG would ideally include one or more representatives of the community surrounding the CWF and would continue to deal with broader operational issues in a productive and strategically focussed manner.

Operational / Asset Management Plan

The establishment of the WSWG assists Council in meeting its commitment under Council’s delivery plan to review the 2020 Vision on Waste and implement infrastructure actions and recommendations.

The Waste Asset Management Plan identifies the CWF airspace as one of the community’s single most valuable assets. The rapid “depreciation” of the CWF airspace is a significant concern and decisions need to be made on whether Council simply replaces the landfill sooner than planned, or intervenes through realistic actions aimed at reducing reliance on landfill disposal whilst improving services to the community. The proposed WSWG would work through these issues in consultation, with the objective of developing a strategic plan to guide provision of Council’s waste services to 2030.

Community Engagement and/or Communications

Consultation and communication is necessary to ensure legitimacy is afforded to the strategic outcomes identified.

It is proposed the WSWG would comprise an external facilitator (a waste strategy consultant), six community representatives, two Councillors and relevant Council officer members including a member of the Communications Team. The group would meet on a two monthly basis over a period of 12 months, culminating in delivery of a Waste Management Strategy document in early 2018.

The existing community members of the CWFCCC would be invited to join the WSWG and whilst landfill operations would remain an important area of discussion, these issues would be addressed in a productive and strategically focussed manner.

Day to day operational matters or complaints regarding the CWF can continue to be dealt with through Council’s existing customer response management system.

Financial and resource considerations

Any incidental costs associated with the WSWG would be met from the waste fund, with the only significant external cost being that of the consultancy which will be secured through a competitive Request for Quotation (RFQ) process.

A significant amount of officer time will be required in organisation and administration of meeting processes, along with any investigation and information gathering that stems from meeting actions. Existing and additional staff resources will be utilised throughout this process and funded from existing waste budget allocations.

Risk

Whilst the role of the WSWG will be to develop a new waste strategy, it is probable that Council’s ability to deliver on those strategic actions will be limited under the current waste management section structure. Required resourcing levels for delivery of these strategic objectives will be identified during the development of the new strategy.

Conclusion

The development of the CWF was a key part of Council’s waste strategy; however the CWF alone does not help addressing the breadth of strategic issues that Council faces. Therefore this report recommends that Council broadens its focus beyond the day to day operation of the CWF and consult with the community on strategic issues with respect to waste management through the formation of a Waste Strategic Working Group.

Attachments

Nil

Recommendation

1. That the report be noted.

2. That the General Manager writes to the CWF Community Consultative Committee members thanking them for their contribution; and inviting their nominations for the proposed Waste Strategic Working Group.

3. That Council endorse the formation of a Waste Strategic Working Group, with community membership of six to be determined through an expression of interest process.

4. That Council appoint (insert Cr names) to sit on the CWF Community Consultative Committee.

Council 22 February 2017

Item 12.3

12.3. Bega Valley Local Traffic Committee

This report recommends Council adopt the advice of the Bega Valley Local Traffic Committee from their meeting held on 1 February 2017.

Director Transport and Utilities

Background

The Bega Valley Local Traffic Committee is not a committee of Council. Local Traffic Committees operate under delegation from NSW Roads and Maritime Services who are responsible for traffic control on all New South Wales roads.

The Bega Valley Local Traffic Committee held a meeting on 1 February 2017, the minutes of which have been distributed separately. It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

Attachments

Nil

Recommendation

Proposed 1 hour time restricted parking Lamont Street Bermagui

1. That Council approve the installation of a 1 Hour Parking Zone for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturdays in Lamont Street Bermagui, commencing at a point approximately 10 metres from the western intersection point of Wallaga Street and Lamont Street, for a length of 16 metres westerly.

2017 Bega Valley Rally – 10-11 June 2017

1. That, subject to conditions, Upper Cobargo Road, Stoney Creek between the intersections of the Princes Highway and Snowy Mountains Highway be temporarily closed between 12.00pm and 6.30pm on Saturday, 10 June 2017 for the duration of a competitive stage of the Bega Valley Rally.

2. That, subject to conditions, Buckajo Road, Buckajo between the intersections of Snowy Mountains Highway and Spring Creek Road be temporarily closed between 12.00pm and 6.30pm on Saturday, 10 June 2017 for the duration of a competitive stage of the Bega Valley Rally.

3. That, subject to conditions, The Snake Track, Kiah between the intersections of the Princes Highway and Towamba Road be temporarily closed between 11.00am and 5.00pm on Sunday, 11 June 2017 for the duration of a competitive stage of the Bega Valley Rally.

4. That the proposed traffic arrangements involving the temporary closure of sections of Upper Cobargo Road, Buckajo Road and The Snake Track for the Bega Valley Rally on Saturday, 10 June 2017 and Sunday, 11 June 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW 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 NSW 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 Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

8. That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

9. That organisers notify NSW Roads and Maritime Services, prior to conducting the event.

10. That signage be displayed advising of Road Closures.

11. That letters be sent to landowners seeking written approval for the closure of private gates.

12. That a Traffic Management Plan is required stating that private gates are locked in accordance with CAMS guidelines.

Merimbula Mother’s Day Classic Fun Run – 14 May 2017

1. That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 14 May 2017 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2. That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 14 May 2017 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

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

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

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

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

7. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

8. That event organiser liaises with public transport operators.

EAT Merimbula Food Festival – 12 March 2017

1. That, subject to conditions, Fishpen Road, Merimbula between the intersections of Burton Avenue and Calendo Court be temporarily closed between 6.00am and 3.30pm on Sunday, 12 March 2017 for EAT Merimbula Food Festival.

2. That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the EAT Merimbula Food Festival on Sunday, 12 March 2017, be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

7. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

2017 Merimbula Fun Run – 28 May 2017

1. That, subject to conditions, sections of the following Council roads be temporarily closed from 7.00am to 11.00am on Sunday, 28 May 2017 for the 2017 Merimbula Fun Run:

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

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

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

d) Full Closure of Beach Street, Merimbula between the Market Street and Main Street intersections;

e) Full Closure of Main Street, Merimbula between the Cameron Street and Randolph Street intersections.

f) Closure of the westbound lane only of Main Street, Merimbula between the Randolf Street and Lake Street intersections;

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

h) Parking restrictions along the course route, including a clearway for the southbound parking lanes along Market Street between the Beach Street intersection and the Merimbula Bridge and all parking at the roundabout located at the Ocean Drive and Fishpen Road intersection.

2. That the proposed traffic arrangements for the 2017 Merimbula Fun Run on Sunday, 28 May 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

6. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

Council 22 February 2017

Item 12.4

12.4. Building Better Regions Fund Application - Linking Eden Port to Economic Outcomes

Council is required to formally resolve to apply for funding assistance towards the Albert Terrace Eden upgrade, to access the Building Better Regions Fund (BBRF) - Infrastructure Funding Stream.

Director Transport and Utilities

Background

Albert Terrace and Imlay Street Eden provide the most important transport and pedestrian link between the Eden Wharf precinct, Eden’s Central Business District (CBD) and the Princes Highway. Between the development of the Eden Port and the visiting cruise ships, it is anticipated there will be an exponential increase in the use of this critical link.

There are two main challenges that must be overcome; one pedestrian and one vehicular related.

Although there is a shuttle bus service that exists between the Wharf (for cruise ships) and the CBD the capacity of bus transportation alone, given the number of passengers per ship, far outstrips current or likely demand. Many passengers, especially after being confined on-board a cruise ship, will take the option to walk. Considering the age demographic of cruise ship passengers on these cruises, the current pedestrian routes provide a challenge as it is a steep one kilometre uphill walk to the shopping precinct.

All light vehicle traffic traveling to and from the Wharf must use Albert Terrace, with the majority also utilising Imlay Street; heavy vehicles can be directed away from the CBD down Calle Calle Street. The Eden Killer Whale Museum and the Sapphire Coast Marine Discovery Centre are also drawcards that attract visitors to this area of Eden.

The current layout of the Imlay Street and Albert Terrace intersection creates user confusion and conflict. Visitors to the area travelling southbound on Imlay Street towards the Killer Whale Museum often become confused by the intersection layout, as do travellers heading north from Albert Terrace onto Imlay Street.

The geometric configuration of the intersection necessitates illegal manoeuvres by bus operators to navigate towards the Port, exiting Imlay Street onto Albert Terrace.

Although there is currently pedestrian and vehicular conflict, a challenging topography, and mixed users, the area surrounding the intersection creates a low speed environment, which then lends itself to Council providing better amenity to all user groups within the precinct.

The Building Better Regions Fund (BBRF) is a preferred avenue for assisting Council with the provision of additional resources, as the programme provides funding for infrastructure projects and community investment that will create jobs, drive economic growth and build stronger regional communities into the future. This programme requires a 50% matching contribution from Council.

Issues

Legal /Policy

The Policy underpinning the grant application procedure requires the applicant (Council) to formally resolve to make an application.

Strategic

The Albert Terrace Eden upgrade project meets the following objectives:

· A2 - Facilities and services: Our facilities and services are strategically planned, designed and maintained to meet the community needs.

· E5 - Enhancing visitor experiences: Providing opportunities for local residents and visitors to experience the unique social, cultural and natural attractions of the region.

The funding being sought complements Council’s previous project commitments and substantial expenditure; being the redevelopment of Imlay Street, Eden, and funds allocated by the State and Federal Governments for the Wharf extension and Port development.

The design developed for the proposed upgrade of Albert Terrace which will mitigate the current challenges, with improvements to:

• vehicular traffic management, with specific focus on bus use;

• pedestrian amenity;

• surrounding landscape and tourist attractions; and

• integration between the CBD, the Wharf and other areas of high visitation.

Operational / Asset Management Plan

The Albert Terrace Eden upgrade project meets the following objectives:

· A1.1.1 - Implement Asset Management Strategy and Recreation Asset Management Plan.

· A2.3.1.2 - Review provision of asset types to balance quantity, quality and servicing of facilities.

Social / Cultural

The Imlay Street, Albert Terrace and Eden Wharf precinct currently draws many visitors, particularly with the developing cruise ship industry. The expected increase in visitors will place an even greater requirement to address all transportation issues in the precinct.

Within the area, there is the Eden Killer Whale Museum, Sapphire Coast Marine Discovery Centre as well as eateries and recreational areas. The proposed upgrade of Albert Terrace will resolve the current conflict and provide better amenity to users of the area, benefiting the local community and tourists.

Economic

Tourism and major construction projects make an important contribution to the local economy.

Cruise ships visiting the Port of Eden currently enjoy a strong disembarkation rate of 85% or more. Anecdotally, this is driven by the fact the Port of Eden is a new offering to the cruise travelling public.

Enhancements to the connectivity between the Port precinct and the Eden town centre, together with product development and improvements to the experiences offered to cruise passengers visiting Eden, are fundamental strategies to sustain and grow disembarkation numbers from the current strong foundation. This will lead to the realisation of economic and jobs growth intended to be achieved from the breakwater wharf extension.

This project, when delivered, directly addresses the integration between Eden Port’s current and future developments and will underpin improved traveller experiences.

Community Engagement and/or Communications

Eden Port has been listed in Council’s Community Strategic Plan as a Major Project (2014). Part of the project involves the linking of the CBD to the Port.

The Wharf extension project has now moved to the next phase, following announcement of funding. Since the announcement, there has been positive community anticipation and comment. There have been many questions regarding how to better harvest the economic benefits derived from servicing thousands of passengers each time a cruise ship docks, and the subsequent cascading interest and activities that will inevitably follow.

Support for economic development, not only related to the Eden community but the whole Far South Coast Region and beyond, has been fostered over a great many years – supported by all tiers of Government. Letters of support for this funding application have been received from the Eden Chamber of Commerce, the NSW Department of Crown Lands and Sapphire Coast Tourism.

Financial and resource considerations

The BBRF is a 50:50 funding scheme which would require a $1,000,000 contribution from Council and a matching $1,000,000 contribution from the funding body. The current draft 10 Year Financial Plan, which is yet to be finalised, has an amount of $500,000 allocated towards the project. If successful, a further $500,000 would be required to be brought forward from 2018/2019, as the funding criterion requires the project to commence within twelve weeks of the signing of the agreement.

Funding source		Amount
Council Funds (Headline Projects)	$	1,000,000
BBRF (pending application)	$	1,000,000

Risk

This project enables Council to assess and analyse the conflicts that exist within the area and subsequently deliver much better management of the motorised and pedestrian traffic within this precinct.

Especially in the formative growth period, both Council and the State Government cannot afford adverse publicity created by cruise ship passengers negatively commenting on their experience. As one of their first experiences will be disembarking and accessing the facilities of Eden, how they do so is important.

Options

Council may choose to put forward another Headline Project in lieu of the Albert Terrace Upgrade Project.

Conclusion

Due to the opportunities the Port’s expansion will provide, to Eden and the whole Far South Coast economy, it is imperative visitors have a positive experience and communicate that to others.

With an increase in pedestrian and vehicular traffic, and general use of the Imlay Street shopping precinct and the Eden Wharf, urgent consideration needs to be given to improve the amenity for both.

It is recommended Council proceed with the design for the upgrade of Albert Terrace and surrounds and pursue an application to BBRF for further financial assistance.

Attachments

Nil

Recommendation

1. That the report be noted.

2. That Council submit an application to the Building Better Regions Fund Infrastructure Stream for the upgrade of Albert Terrace, Eden.

3. That officers proceed in the design works required for the upgrade of Albert Terrace, Eden.

4. That Council note the requirement for a commitment of $1,000,000 from internal funding sources if the Building Better Regions Fund application is successful.

Council 22 February 2017

Item 13.1

13.1. Community Strategic Plan: Half Year Review of 2016/17 Delivery and Operational Plan

This half year review provides Council with a status update on the adopted 2016/17 Delivery Plan and Operational Plan, which sits within the Integrated Planning and Reporting framework.

Acting Director Strategy and Business Services

Background

The 2016/17 Operational Plan was developed in alignment with the adopted Community Strategic Plan, Delivery Plan, Resourcing Strategy and Long Term Financial Plan.

The Operational Plan, along with Annual Operational Budget, Fees and Charges, Resourcing Strategy and Asset Management Plans were publicly exhibited from 18 May –14 June 2016. The suite of documents was subsequently adopted on 29 June, 2016.

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

Issues

Legal /Policy

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

Strategic

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

A LIVEABLE PLACE

Community Ambition L1 – Wellbeing and safety

Nine actions progressing, 1 action complete and 2 actions delayed

Completed action:

· Host and administer Police Liaison Committee

Areas of delay:

· Delivering dog and cat management and education programs - Education programs have been designed to be funded using available State Government Grants. Council has not been successful in obtaining funding in this year

· Undertake research project on new service opportunities in relation to health and wellbeing and healthy ageing education programs - This action has not been started due to unexpected officer leave

Community Ambition L2 – Access to learning and creativity

Sixteen actions ongoing and 3 actions complete

Completed actions:

· Provide technology enablement for community servicing, including: Tura Beach Library Hub and Bega Valley Regional Learning Centre

· Recruit 3 Aboriginal school based trainees in Children's Services to support the attainment of qualifications and increase job opportunities for young people

· Delivery 15 Public programs for 2016/17 including broad community outreach

Community Ambition L3 – Respect and Inclusion

Five actions progressing and 1 not due to start

Community Ambition L4 – Opportunities for all stages of life.

Ten actions progressing and 2 actions complete

Completed actions:

· Deliver Council’s Youth Week small grants program

· Deliver Council’s Seniors Week small grants program

AN ENTERPRISING PLACE

Community Ambition E1 – Embracing business and a stronger economy

Two Actions progressing

Community Ambition E2 – Providing the foundations

Twelve actions progressing, 1 action not due to start and 1 action complete

Completed action:

· Advocate and, if approved, implement the Restart NSW application to upgrade runway infrastructure

Community Ambition E3 – Embracing opportunity

Three actions progressing and 2 actions complete

Completed actions:

· Economic Forum - Deliver an Economic Development symposium, discussing specific Economic Development issues with industry experts, focusing on tangible solutions and connections

· Provide access to Council information and resources such as mapping data to assist businesses make better decisions

Community Ambition E4 – Partnering for success

Five actions progressing and 1 action delayed

Area of delay

· Develop a 12 month business education program that collates Shire wide programs in one place for businesses to utilise- Further investigation being undertaken to ensure effective rollout of programs. Limited take-up of programs offered so far.

Community Ambition E5 – Enhancing visitor experiences

Seven actions progressing and 4 actions complete

Completed actions:

· Digital marketing strategy and operations: Deliver high quality web resources

· International product development: Deliver marketing campaigns aimed at attracting new visitors to the region

· Provide visitation data to industry operators to assist with business decision making

· Provide support to the region’s Visitor Information Centres including financial, property and product support

AN ACCESSIBLE PLACE

Community Ambition A1 – Connecting Communities

Eighteen of 21 actions progressing

Areas of delay

· Pambula Car Park renewal as per Asset Management Plan - pavement seal renewal work design incomplete

· As per Stormwater Upgrade Program, Upgrade Government Road (Eden) in conjunction with Urban Renewal Program. Refer to Urban Stormwater Upgrade Program - pavement to be completed in 2017/18 with drainage upgrades

· Review and map Council’s walking paths and trails network – some delay due to work involved with inspecting, recording and prioritising repairs from 2016 storm damage. Progressing as repairs undertaken

Community Ambition A2 – Facilities and Services

Eighteen of 19 actions progressing

Area of delay

· Undertake concept and design development for priority actions identified in the Sporting Complex Master Plans- tender for design services planned for early 2017

Community Ambition A3 - Essential Services

Eight actions progressing, 4 actions complete and 6 actions delayed

Completed actions:

· Collection of source water quality data to inform future water treatment choices

· Develop concept design and options report to increase beneficial reuse options at Bermagui Country Club

· Annual reporting to EPA to enable tracking against NSW Avoidance and Resource Recovery Strategy

· Annual reporting to EPA on environmental compliance and waste data

Areas of delay

· Investigation and design of trunk water main from Pambula to Bellbird Hill - Hydraulic analysis report received from NSW Public Works. Options for upsizing trunk mains are being examined. Delay in project delivery due to resourcing limitations

· Design of West Pambula pressure sewer mains - Concept design completed. Delayed due to resourcing limitations

· Bermagui sewer treatment plant upgrade - improve bio solids management

· Bermagui sewer treatment plant upgrade - process control improvements

· Bermagui sewer treatment plant upgrade - design and construct bio solids drying beds

· Bermagui sewer treatment plant upgrade - inner works design

o sewer treatment plant (STP) related projects have been delayed for the following reasons. Limitation's associated with retirements and insufficient staff to complete necessary pre-construction works. Council has undertaken a review of planned bio-solids and treatment process upgrades for its sewage treatment plants. Due to the significant capital costs an additional peer review has also been undertaken. It is likely that Tura Beach STP followed by Bermagui STP will be subject to the first upgrades in the 2017 and 2018 years

Community Ambition A4 – Emergency Planning

Three actions progressing

A SUSTAINABLE PLACE

Community Ambition S1 – Valued Natural Environments

Eighteen actions progressing, 2 actions complete and 1 action delayed

Completed actions:

· Complete the Lakes and Rivers Entrance Management Policy

· Administration and evaluation of Heritage grant program and allocation of funding

Area of delay

· Delivery of Public Reserves Management Fund Crown Land Grant Project - Crown Land funding applications for 2016/2017 were unsuccessful. Weed control works on Council managed Crown Lands will remain a priority but Crown Lands property control remains unfunded. Projects to be deferred for the 2017/2018 Crown Lands funding Round

Community Ambition S2 – Sustainable Communities

Six actions ongoing and 1 action not due to start

Community Ambition S3 – Character and amenity

Two actions progressing

Community Ambition S4 – Character and amenity

One action delayed

Area of delay

· Design and construct new sewer treatment plant (STP) drying beds at Tura Beach STP

LEADING ORGANISATION

Community Ambition LO1 – Proactive Leadership

Five actions progressing and 4 actions complete

Completed actions:

· Deliver the local government election in partnership with the NSW electoral commission

· Deliver the new councillor induction program

· Partner with Eurobodalla Shire Council to identify technology efficiencies

· Provide benchmarking with other government organisations

Community Ambition LO2 – Business Excellence

Twenty nine actions progressing, 5 actions complete and 1 area of delay

Completed actions:

· Continue to collaborate regionally on procurement templates and practices

· Ongoing support for cadets, trainees and apprentices within the workplace

· Contact Officer Training

· Implement 3 yearly legislated training program for health & safety representatives

· Implement On going screening programs as per Work Health and Safety Act including hearing tests, and other ongoing programs including voluntary influenza vaccinations, skin cancer checks and Move-4-Life program

Area of delay

· Provide private works where requested - At the current time Private Works are not being undertaken by Transport and Utilities Group unless by exception

Community Ambition LO3 – Informed and Engaged Community

Thirteen actions progressing, 6 actions complete and 1 action delayed

Completed actions:

· Undertake Community Satisfaction Survey to develop understanding of community satisfaction and expectations, supporting the development of the Community Strategic Plan review

· Undertake series of planned community consultations to enable the development of 'Understanding Our Place' report, to be published October 2016

· Implement staff corporate training in advanced report writing

· Participation in Professional annual benchmarking survey conducted by Price Waterhouse Coopers (PWC)

· Staff support and training on corporate values

· Internal survey and training on organisational health

Area of delay

· Design Council dashboard system to further enhance Council internal reporting - awaiting progression of program for integrated planning and reporting

Community Engagement and/or Communications

The half yearly update is an informing document for the community and will be published on Council’s website.

Conclusion

The 2016/17 Operational Plan as adopted by Council is progressing well with only minor areas of delay. The final status of all activities will be presented in the annual report and published on 30 November 2017.

Attachments

1 . Half Yearly Management Report 20016/17

Recommendation

That Council receive and note the progress on the 2016/17 Operational Plan

Council	22 February 2017
*Item 13.1 - Attachment 1*	Half Yearly Management Report 20016/17

Council 22 February 2017

Item 13.2

13.2. Conduct Review Panel

Bega Valley Shire Council is required to appoint a suitably qualified Panel of Conduct Reviewers to conduct sole or joint Code of Conduct reviews.

General Manager

Background

All Councils are required to appoint suitably qualified people/companies to a Panel of Providers (Panel) for conducting Code of Conduct reviews/investigations. Bega Valley Shire Council has previously participated in the Southern Council’s Group (SCG) Panel. The establishment of the SCG Panel was undertaken via a report to Council in 2013.

As part of the Local Government Review, Bega Valley Shire Council is now aligned with the Canberra Joint Regions Organisation (CBJRO).

It is understood the CBJRO will be undertaking a procurement process to identify and assess potential Panel for consideration by member Councils within the next 12 months.

In the interim the CBJRO is using a Panel determined by their predecessor Group, South East Region of Councils (SEROC). The approved Panel for that group, including qualifications and experience is detailed below:

List of Code of Conduct Review Panel

111 1	Ball, Robert Nominated by Blackadder Associates	Commerce and Business Degrees, together with other Local Government and training qualifications	Career in Local Government since 1964. Most recent appointment General Manager, Hornsby Shire Council 1992 - 2011.	Conducted a number of staff grievance complaint investigations, as well as councillor and staff code of conduct investigations. Councillor investigations at Hornsby were publicly reported to council meetings and the results have been accepted by complainants, councillors and council
2	Evans, Graham O'Connell Workplace Relations Sydney	Master of Laws, MBA	Managing Partner with O'Connell Workplace Relations. Has had 30 years experience in assisting Councils across NSW. Has employment experience in the public sector including LGSA Industrial Officer 1980-85	Has extensive knowledge and experience and has conducted over 150 investigations in issues in NSW workplaces, including close to 50 in NSW councils. Graham Evans and O’Connell Workplace Relations have current appointments to Code of Conduct and Review Panels for: - Parramatta City Council; - Wollongong City Council; - WSROC - Holroyd - Fairfield City Council - RAMROC
3	Kleem, John Sydney	Asociate Diploma Local Govt Administration	Local Government Manager with a number of NSW and SA Councils. Specialist Local Government Consultant since 1991 working with 190 Councils nationally.	Experience includes recruitment, facilitation, structural and organisational reviews, strategic planning and Code of Conduct investigations. Has undertaken code of conduct reviews for SEROC member Councils previously.
4	Lopich, Lorraine Mediate Today Shellharbour	Formal qualifications in Law	Director of Mediate Today Pty Ltd, Collaborative Lawyers Pty Ltd (an incorporated legal practice operating as “Lopich Lawyers”) and the Texas based Global Collaborative Law Council. Lorraine Lopich has more than 20 years experience in providing high quality legal and dispute resolution services.	Member of the Conduct Review Committee of the Shellharbour City Council. Also appointed to the pool of Code of Conduct Reviewers for WSROC and its member Councils and on 21 February 2013, was also appointed to the pool of Conduct Reviewers for NSROC. As a result, he has also been appointed as a conduct reviewer to the panels of Holroyd City Council, Fairfield City Council, Willoughby City Council and Lane Cove Council.
5	Lopich, Robert Mediate Today Shellharbour	Formal qualifications in Law	Director of Mediate Today Pty Ltd, Collaborative Lawyers Pty Ltd (an incorporated legal practice operating as “Lopich Lawyers”) and the Texas based Global Collaborative Law Council. Robert Lopich is a former member of the Board of Directors of the National Mediation Conference and is the immediate past President of Collaborative Professionals (NSW)	Members of the Conduct Review Committee of the Shellharbour City Council. Also appointed to the pool of Code of Conduct Reviewers for WSROC and its member Councils and on 21 February 2013, was also appointed to the pool of Conduct Reviewers for NSROC. As a result, he has also been appointed as a conduct reviewer to the panels of Holroyd City Council, Fairfield City Council, Willoughby City Council and Lane Cove Council.
6	Mulhall, Peter - T/A Investigations Sydney	Diploma and Certificate qualifications in Investigative, Fraud and Compliance.	3 Years as Director of Gaming Technology, NSW Department of Gaming and Racing. High level positions with NSW Dept of Corrective Services. Principal of Investigation Associates Australia 11 years investigative experience	Has conducted more than 300 investigations into a broad range of sensitive and complex matters for Federal, State and Local Government and for the private and not-for-profit sectors. The subjects of the allegations investigated have ranged from shop floor to CEOs and Cabinet Ministers.
7	Pettersson, Linda Katoomba	B. Arts, Cert. Teaching and Certificates in Government Fraud and Compliance and Diploma in Govt Investigations	30 years experience in public administration in the NSW public sector. Licensed Private Investigator NSW	Was one of three investigators who conducted a section 430 Investigation into Port Macquarie Hastings Council during late 2006 and early 2007. Worked as an investigator in the NSW public sector and have conducted around 100 investigations. Some of these involved significant public officials and one led to an inquiry conducted by the ICAC
8	Roach, Kath SincSolutions Sydney	MBA, B Commerce	Involved with and worked within Local and State Government in Governance roles since 1999. 13 years experience with the Australian Federal Police Currently Managing Director of SINC Solutions	Since 2006 has worked with a number of NSW councils as a Conduct Review Committee member both as a sole reviewer and panel member. In that time, has dealt with over 300 Conduct Review Committee matters across NSW councils.
9	Thane, Kathy Sydney	Diploma in Law (LPAB) Australian national Mediator Standards Accreditation Cert IV in Training & Assessment	Director of Train Reaction Consultancy offering services in Grievance and conduct Investigation, Team Dynamic Assessment, mediation and Alternative Dispute Resolution and Training and Development.	Has undertaken seventeen (17) conduct review complaints since 2010 with Marrickville, Fairfield, Waverley, Ashfield and Hawkesbury Councils. Of these matters fifteen (15) included the investigation and deliberation of conduct complaints including the preparation of reports on the outcome of such matters. Two matters I successfully resolved through mediation. Recently appointed to new Code of Conduct panels with Riverina Eastern Organisation of Councils (REROC) and Northern Sydney Regional Organisation of Councils (NSROC)
10	Tumpey, Peta TressCox Lawyers Sydney	B Law, BA	Lead Conduct Reviewer for Legal Firm, TressCox Lawyers which provides a range of commercial legal services.	Firm has been appointed to Riverina and Murray Regional Organisation of Councils (REROC) Regional Panel. The Firm has an in-depth understanding of local government legislation, policies, processes and frameworks and has provided advice to a number of Councils.

Issues

Legal /Policy

The process for handling Code of Conduct Complaints is governed by the Office of Local Government Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures). Council Policy and Procedures relevant to the Code of Conduct process include:

Policy: 5.02 Behaviour of Councillors and Staff

· Procedure: 5.02.1a - Model Code of Conduct

· Procedure: 5.02.1b - Administration of the Model Code of Conduct

· Procedure: 5.02.2 - Code of meeting practice

The Procedures require each Council, by way of Resolution establish a Panel of Conduct Reviewers, either as an individual Council or with more other councils to share a Panel of Conduct Reviewers. The Procedures outlines the process by which a Panel must be constituted including appointing a Panel for four years and a Council may by Resolution terminate the Panel at any time. Council last appointed a Panel on 24 July 2013, as recommended by the then SCG when Council as a member of that Group of councils.

Operational / Asset Management Plan

Appointment of a Panel is not formally covered under the Operational / Asset Management Plans, however is a requirement under the Code of Conduct, complies with the Procedures and good governance practice.

Community Engagement and/or Communications

No community engagement and /or communications issues have been identified as appointing a Panel is a requirement under the Code of Conduct and the Procedures.

Financial and resource considerations

The Panel was established through a RFT process undertaken by SEROC in keeping with the Local Government Procurement Process.

There are no costs to Council for ratifying Council's use of the SEROC Panel in 2017 as the Panel establishment costs would have been covered under the SEROC arrangements in 2013.

In the future, any costs for establishing the Panel of Conduct Reviewers by the CBRJO will be covered as part of Bega Valley Shire Council's membership of the CBRJO.

The costs associated with engaging a specific Conduct Reviewer to undertake an independent assessment related to Code of Conduct Complaints as and when required, is covered within the General Manager's Office annual budget. Council's Complaints Coordinator and Organisational Development and Governance staff provide administrative assistance to both Conduct Reviewers and the General Manager with regard to Code of Conduct Complaint matters.

Funding source		Amount
General Manager Office: Legal Expenses	$	20000

Risk

As a good Governance practice, Council is required to formally establish a Panel of Conduct Reviewers to comply with the Code of Conduct and the Procedures. Failure to do so correctly, may present a risk to Council's reputation.

Conclusion

Once the CBRJO has established a Panel of Conduct Reviewers in consultation with member Councils including Bega Valley Shire Council, a further report will be provided to Council to secure approval for the CBRJO Panel of Conduct Reviewers as required under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.

In the interim and in keeping with the requirements under the Procedures, Bega Valley Shire Council will use the Panel approved by the previous joint organisation South East Region of Councils. Approval to utilise the Panel is required via Council Resolution.

Attachments

Nil

Recommendation

1. That the report be noted.

2. That Council ratify the use of the South East Region of Councils (SEROC) Panel of Conduct Reviewers.

3. That Council participate in the Canberra Joint Region Organisation process to review and appoint a revised Panel of Conduct Reviewers.

Council 22 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 January 2016

Acting 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 $50,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	Nov 2016	Dec 2016	Jan 2017
General Fund	$17,294	$19,294	$19,294
Water Fund	$13,486	$13,486	$13,486
Sewer Fund	$20,120	$20,120	$20,120

In addition, there is $ 2,848,315 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	$2,580	$24,142
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 - January 2017

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 22 February 2017

Item 14.2

14.2. Quarterly Budget Review Statement (QBRS) at December 2016

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

Acting Director Strategy and Business Services

Background

Under the Integrated Planning and Reporting (IPR) Guidelines, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter.

The QBRS is presented in a summary format which shows Council’s income and expenses by type and by activity. The Capital Budget Review Statement is also prepared by type and by activity followed by variance details.

It is the intent of this report to provide information to the users of the QBRS report in order to illustrate the financial performance of Council as a whole and for each activity of Council.

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

Issues

Legal /Policy

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

Budget review statements and revision of estimates

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

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

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

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

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

Financial and resource considerations

The QBRS reports the detailed variances for the December 2016 quarter.

As at the end of December 2016, Council held $59M in cash and investments – the bulk of which remain restricted for use with planned infrastructure or projects preconditioned by loans, grants or development contributions.

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

Conclusion

Council’s December 2016 QBRS has been presented to Council. Council financial performance is healthy and within the operating budget set by Council in June 2016.

Attachments

1. December 2016 QBRS

Recommendation

1. That Council note and endorse the December 2016 Quarterly Budget Review Statement (QBRS).

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

3. That Council place the QBRS for December 2016 on its website for public information.

Council 22 February 2017

Item 19.1

19.1. Central Waste Facility - Diversion of Food Organics from Landfill

The following information is provided in response to the Question on Notice raised by Councillor Griff at the 1 February 2017 Council Meeting, which was taken on notice by the Director Transport and Utilities.

Director Transport and Utilities

Question on Notice

At the Council Meeting on 1February 2017, Cr Cathy Griff asked Council to investigate the logistics of co-collection of organic and green waste (as is undertaken in numerous Councils currently) in order to reduce the load on our Central Waste Facility and the speed in which it is filling.

Response

The way most Councils achieve this, is by utilising the existing kerbside garden organic waste collection service. This combined service is referred to as FOGO (i.e. food organics + garden organics).

In our case, there are a few impediments that to be overcome if this program was to be implemented:

1. Existing garden waste collection frequency is four weekly. This would need to increase to (at least) fortnightly if food is being incorporated. Our advantage here is that many in the community want a higher frequency of the kerbside garden waste service anyway (evidenced in community survey response). Our waste audit data also supports a case for an increased frequency, as 31% of green waste bins presented are full to overflowing. Cleanaway’s Contract has been extended out to June 2018 in order for us to trial some changes and determine exactly what level of service is best before locking into a new Contract.

2. Our processing site at Merimbula would need some upgrade work before we can comfortably deal with food. The site is licenced by the NSW Environment Protection Agency (EPA) for composting, however the risk presented by food waste means some additional controls will need to be put in place. We are planning for and have budgeted for these additional works. We are not expecting problems, provided the EPA are satisfied we are managing the environmental risks.

3. Community buy in and engagement - Council should not embark on a significant change to collection services without a very clear Community Engagement Plan. If we do, we would soon discover the community do not understand how to use the service properly. These experiences are borne out in existing case studies. Money saved by skipping or glossing over the educational component is false economy.

4. Experience has shown that people who neither want nor understand the benefits of a new service will not appreciate having a new service thrust upon them. In order to manage the introduction (particularly with regard to potential contamination), the food component of the service could be provided on an “opt in” basis. We essentially increase the collection frequency because the demand already exists, then market the food organics component, providing kitchen caddies, cornstarch bags, etc. and provide some type of incentive scheme to build up participation (and therefore diversion of this resource).

By way of background, information to support a change:

1. Our domestic general waste stream (to landfill) is over 37.7% food waste by weight (13-14 year audit data). This is normal in NSW. Typically the recovery rate for food with a FOGO collection is around 1.8kg/household per week (Commonwealth Government statistics) which would mean a diversion of around 500 tonnes/annum of food waste to landfill assuming, conservatively, a participation rate of 50%. This is certainly worth considering, and it is likely the quantity to divert would grow as we market and incentivise, particularly if a food waste service is made available to the commercial sector.

2. In NSW approximately 40 Councils are already doing FOGO, including quite a number of regional Councils. It makes a lot of sense for regional Councils, for the simple fact we have unlimited local opportunities to utilise the resource, unlike some other forms of recycling that are heavily reliant on long distance transport to processing facilities. We know this works and it is a local solution.

3. Food waste converts to methane in a landfill which is 20+ times worse than CO² as a greenhouse gas. Whilst our landfill will have a methane collection and flaring system, it would be best to keep it out in the first place.

4. NSW Government has set a 75% diversion target for household waste. Whilst it’s not legally binding, it is certainly a worthy aspiration. The only way we are likely to get closer to this in the foreseeable future is by diversion of food.

Next steps:

1. This Agenda includes a report on I am advocating the formation of a Waste Strategic Working Group to identify and consult on the key challenges and solutions going forward. The group could look at the problems and opportunities, and the meetings would be facilitated. Food waste is obviously one of the “low hanging fruit” strategically speaking.

2. A new waste collection Contract must be ready to go to tender by around September 2017. The proposed Waste Strategic Working Group would assist in identifying the level of service that will be contained in that five year+ Contract specification.

3. A FOGO trial could be undertaken early in the 2017-2018 financial year to identify any unforeseen issues in household behaviour, collection or processing problems.

4. The Strategic Working Group would (through the facilitator/consultant) deliver a new Waste Strategy in early 2018, guiding our activities to 2030.

No one wants to approach the community and regulators with a new landfill proposal sooner than necessary, particularly if we have not taken all feasible steps to preserve the existing airspace. Whilst it will not be a simple thing to do, it is certainly within our capability to implement for July 2018, provided it is supported by Council.

Attachments

Nil

Council	22 February 2017
*Item 14.1 - Attachment 1*	Investment Report - January 2017

Council	22 February 2017
*Item 14.2 - Attachment 1*	December 2016 QBRS

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Agency advice

Disclosure of pecuniary interests / non-pecuniary conflict of interests

Agenda

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

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

Recommendation

9 Staff Reports – Planning and Environment (Sustainability)

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

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

12 Staff Reports – Infrastructure Waste and Water (Accessibility)

13 Staff Reports – Governance and Strategy (Leading Organisation)

14 Staff Reports – Finance (Leading Organisation)

15 Adoption of Reports from Standing Committees

Recommendation

16 Delegates Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council

22 February 2017

Staff Reports –Planning And Environment (Sustainability)

22 February 2017

Staff Reports – Community, Culture and Leisure (Liveability)

22 February 2017

10.2. Community Hall Committee nominations

Background

Issues

Legal /Policy

Strategic

Operational / Asset Management Plan

Social / Cultural

Community Engagement and/or Communications

Financial and resource considerations

Risk

Conclusion

Attachments

Recommendation

Council

22 February 2017

Staff Reports – Economic Develoment and Business Growth (Enterprising)

22 February 2017

Council

22 February 2017

Staff Reports – Infrastructure Waste And Water(Accessibility)

22 February 2017

Council

22 February 2017

Staff Reports – Governance And Strategy (Leading Organisation)

22 February 2017

Staff Reports – Finance (Leading Organisation)

22 February 2017

14.2. Quarterly Budget Review Statement (QBRS) at December 2016

Background

Issues