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OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 5 April 2017 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
27 March 2017
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· Is the decision or conduct legal?
· Is it consistent with Government policy, Council’s objectives and Code of Conduct?
· What will the outcome be for you, your colleagues, the Council, anyone else?
· Does it raise a conflict of interest?
· Do you stand to gain personally at public expense?
· Can the decision be justified in terms of public interest?
· Would it withstand public scrutiny?
A conflict of interest is a clash between private interest and public duty. There are two types of conflict:
· Pecuniary – regulated by the Local Government Act 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.
· Is it likely I could be influenced by personal interest in carrying out my public duty?
· Would a fair and reasonable person believe I could be so influenced?
· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.
· Important to consider public perceptions of whether you have a conflict of interest.
1st Do I have private interests affected by a matter I am officially involved in?
2nd Is my official role one of influence or perceived influence over the matter?
3rd Do my private interests conflict with my official role?
For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.
Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
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.
The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:
Council meeting held on __________(day) / ___________(month) /____________(year)
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Item no & subject |
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Pecuniary Interest
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In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer. |
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Significant Non-pecuniary conflict of interest |
– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993. |
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Non-pecuniary conflict of interest |
In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter. |
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Nature of interest |
Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor. |
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If Pecuniary |
Leave chamber |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Reason for action proposed |
Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances |
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Print Name |
I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above. |
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Signed |
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NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.
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Council |
5 April 2017 |
Recommendation
That the Minutes of the Ordinary Meeting held on 15 March 2017 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be prior to discussion on each item.
4.1 Transfer of ownership of Council land to Tulgeen Group.......................................................... 9
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Seckold.
Nil Reports
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Griff.
10.1 Access and Inclusion Advsiory Committee Nominations......................................................... 12
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Nadin.
Nil Reports
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Fitzpatrick.
12.1 Children's Dreaming Garden request for assistance................................................................ 16
12.2 RFT 69/16 Construction of Eden Waste Transfer Station........................................................ 22
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Tapscott.
13.1 Australian Local Government Association: National General Assembly call for motions... 26
13.2 Internal Audit Committee.............................................................................................................. 29
13.3 Classification of land recently acquired by Council.................................................................. 68
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Bain.
Nil Reports
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.
18.1 Councillor Development Program: Conference and Forum attendance January to June 2017 71
18.2 Use of funds from sale of Council land Merimbula for sports facilities.............................. 101
18.3 Short Point Coastal Accessibility Masterplan........................................................................... 103
19.1 Merimbula Parking Trial Period................................................................................................. 105
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Council |
5 April 2017 |
Deputations (by prior arrangement)
05 April 2017
4.1 Transfer of ownership of Council land to Tulgeen Group..................................... 9
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Council 5 April 2017 |
Item 4.1 |
4.1. Transfer of ownership of Council land to Tulgeen Group
Council has received the following request to address Council.
General Manager
Request to Address Council
Mr Grattan Smith, Chairperson Tulgeen Group t/a Tulgeen Disability Services, has formally requested permission for Gae Rheinberger, Director (on behalf of Tulgeen Group) to address Council at the meeting on April 5, in regards to Transfer of ownership of Council land to Tulgeen Group.
Attachments
Nil
Council |
5 April 2017 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Griff.
10.1 Access and Inclusion Advsiory Committee Nominations.................................... 12
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Council 5 April 2017 |
Item 10.1 |
Nominations have been received for the Section 355 Access and Inclusion Advisory Committee and are presented for Council’s consideration.
Director Community, Relations and Leisure
Council adopted revised Guidelines for the Access and Inclusion Advisory Committee (AIAC) at its Ordinary Meeting on 2 February 2017. Following adoption of the revised Guidelines, AIAC Committee positons were advertised. A selection panel was convened to review the applications and have made recommendations for Council’s consideration.
Council is able to appoint a Committee of Council under Section 355 of the Local Government Act 1993.
The consideration of access and inclusion issues for Council is critical in meeting the needs of all residents. Good inclusive design principles are an important factor in developing new and renewing existing Council assets and infrastructure, and the AIAC plays an important role in providing input into this process.
The Disability Inclusion Act 2014 (NSW) (the Act) contains general principles which align with the United Nations Convention and acknowledge the human rights of all people with a disability. The definition recognises that disability results from barriers in society that prevents or limits inclusion. The Act also requires local councils to develop and implement a Disability Inclusion Action Plan.
Council's Community Strategic Plan, under the Themes:
A Liveable Place:
L3 Demonstrates respect and inclusion: We are a harmonious community where everybody is welcomed, respected and diversity is celebrated.
L4.3: Land use planning and facility design ensure the opportunity for members of our community to access services, and age in place successfully.
An Accessible Place:
A2 Facilities and services: Our infrastructure, facilities and services are strategically planned, located, designed and maintained to meet our local and visiting community needs.
As previously stated in the report to Council February 2017:
“Being involved in community life is an important factor in the health and wellbeing of people. For some members of the community there are additional barriers to be overcome to enjoy the same involvement that many of us take for granted. Council plays a significant role in the provision of infrastructure and facilities that support a person's involvement in the community. Any mechanism that improves Council’s decision making, design work and program design is a worthwhile pursuit in delivering the best possible outcomes for residents and visors. The AIAC can play an important role in the process.”
The Guidelines for the AIAC were recently updated and adopted by Council in February 2017. During the revision of those Guidelines the previous Access Advisory Committee were consulted and changes made.
The opportunity to join the AIAC was advertised twice in the local media, promoted through Council’s social media sites and available on Council’s website. It was also sent to all previous members of the most recent Committee.
A total of 13 applications were received with five (5) new people registering their interest. A selection panel consisting of the past Chair of the Access Advisory Committee Mr Ron Finneran, the Deputy Mayor Cr Liz Seckold and the Director Community, Relations and Leisure Mr Anthony Basford met and assessed applications for suitability.
The AIAC has a small budget to cover the administration of the Committee and also has responsibility for the Access Improvements Grant program.
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Funding source |
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Amount |
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General fund – Administration/Secretariat work |
$ |
5,000 |
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General fund – Access Improvement Grants |
$ |
20,000 |
The risk to Council relates to the potential investment and development of infrastructure and services that are not as accessible, which could alienate members of the community.
There is a serious risk of breaching the Commonwealth Disability Discrimination Act 1992, the Disability Inclusion Act 2014 (NSW) or the Building Code of Australia if access and inclusion is not considered at the forefront of the work Council undertakes.
The AIAC Guidelines advise there are 12 positons available for filling. On this occasion Council has received 13 applications for membership. The relevant clause in the Guidelines reads as follows:
“4.5 The AIAC will comprise up to a total of twelve (12) members consisting of ten (10) community members of which no more than four (4) will be from agencies or organisations, two (2) from local business and tourism organisations, a Councillor delegate as appointed by Council and senior Council officers.”
Option 1 – That Council appoint 12 applicants in line with the AIAC Guidelines.
Option 2 – That Council allow for one additional community place to be created, acknowledging that at most meetings there is always at least one member absent. This option would enable all applicants to be appointed to the AIAC.
The AIAC provides an expert advisory committee to assist Council in providing the best possible access and inclusion outcomes for residents and visitors. New people have shown an interest in joining as well as past members keen to continue to build on the past successes of the Committee. The AIAC remains a great way to engage and connect with a broad range of community members on a topic that has practical application in many people’s daily lives.
1. Confidential Memorandum Access and Inclusion Advisory Committee 2017 2021 (Councillor Only)
Council |
5 April 2017 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Fitzpatrick.
12.1 Children's Dreaming Garden request for assistance.......................................... 16
12.2 RFT 69/16 Construction of Eden Waste Transfer Station................................... 22
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Council 5 April 2017 |
Item 12.1 |
12.1. Children's Dreaming Garden request for assistance
An exemption for payment of Section 64 Charges is sought to assist the Children’s Dreaming Garden as per Procedure 4.07.5 - Water Supply and Sewerage Section 64 Charges.
Director Transport and Utilities
Background
The Children’s Dreaming Garden is being constructed in Endeavour Park, Eden, to improve amenity, accessibility and community pride in this local community park. Council was successful in obtaining a grant of $49,800 from the NSW Department of Family and Community Services, Social and Community Housing Infrastructure Fund for this project.
The project has been developed in consultation with local community partners including the Aboriginal Education Consultative group, Eden Local Aboriginal Lands Council and local residents.
Extensive engagement with children and families has occurred in the redesign of the park and community members are actively engaged in delivering the project. As an example; Eden Marine High School students are volunteering to undertake concreting and planting tasks.
Improvements to the park include: pathways; a mini basketball court; seating; refurbishment of the bus shelter; new plantings; and a community mural. A water bubbler has also been identified as an important element in the redesigned park.
An exemption of Section 64 Charges is sought and this will allow the installation of the water bubbler within the existing budget.
Issues
Legal /Policy
The exemption falls within the category of endeavour contemplated by Procedure 4.07.5. The buildings and land will be community facilities located on land owned by Council.
Environmental / Sustainability
The Children’s Dreaming Garden includes an edible food garden which will be used to promote and educate the community on local food production. Permaculture principles have been used in the design.
Social / Cultural
This project has multiple social benefits promoting active, healthy and engaged communities. It responds to ongoing calls from the local community for the park to be a safer, more friendly and inclusive place for children and young people. The engagement of local families, the Aboriginal community and school students in the design and implementation of the park has already enhanced relationships in the local community. The project has cultural outcomes with local students working with a local Aboriginal artist, Nathan Lyons, to develop designs for use in the park.
Community Engagement and/or Communications
Extensive engagement has taken place with local community organisations, residents, school students and others over the last six months.
Financial and resource considerations
No financial contribution has been required from Council, although in kind support has been provided by the Eden Based Place Based Officer and the Leisure and Recreation team.
The payment exemption will result in a reduction of Section 64 income.
Options
Council has two options, namely to support the exemption or not.
Conclusion
An exemption for payment of Section 64 Charges is sought to assist the Children’s Dreaming Garden in Endeavour Park Eden. Procedure 4.07.5 - Water Supply and Sewerage Section 64 Charges, makes provision for such exemption, where community facilities are located on Council land.
From a hydraulics perspective there is little nexus in this case between the Charge and the small amount of water actually used. Consequently the real impact on infrastructure capacity and necessary income in future is negligible.
Attachments
1. Procedure 4.07.5 - Water supply and sewerage section 64 charges
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That Council approve the proposed exemption for payment of Section 64 Contributions totalling $8,000 for the Children’s Dreaming Garden as contemplated in Procedure 4.07.5. |
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Council |
5 April 2017 |
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Item 12.1 - Attachment 1 |
Procedure 4.07.5 - Water supply and sewerage section 64 charges |
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Item 12.2 |
12.2. RFT 69/16 Construction of Eden Waste Transfer Station
This report details the outcomes of the evaluation of Tender 69/16 for the construction of Eden Transfer Station. The report recommends award to the preferred tenderer.
Director Transport and Utilities
Background
Council’s waste strategy has been to centralise landfill at a single facility (the CWF) and convert landfill facilities at Merimbula, Bermagui and Eden to waste transfer stations.
A waste transfer station was established at the Merimbula Waste Depot in 2014 and Bermagui Waste Depot in 2016. This report covers the works planned for Eden, which will be constructed at the existing waste facility site.
The scope of tendered construction work includes:
• Site regrading earthworks
• Construction of bitumen sealed pavements
• Reinforced concrete general waste drop off (pit) and resource recovery area
• Reinforced concrete pavement lower level waste bin bays
• AC surfacing to truck turning area
• Construction of concrete retaining walls and ramps
• Construction of shed structures
• Landscaping and batter stabilisation
• Steel safety rails and balustrading
• Stormwater drainage structures
• Electrical, water and communication services.
The construction tender was openly advertised on 21 February 2017.
The tenders closed at 12 Noon on 15 March 2017, at which time six tenders were received.
Tenderers were required to submit a tender form, lump sum price breakdown and returnable schedules.
Tenders were evaluated on quantitative (price) and qualitative criteria as below:
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Project value (price criteria) |
60% |
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Experience |
20% |
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Project Functionality |
15% |
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Local Community Benefit |
5% |
Issues
Legal /Policy
Tenders are required to be called for the works in accordance with Section 55 of the Local Government Act 1993.
Operational / Asset Management Plan
The works have been budgeted for, and will commence within the 16-17 Operational Plan period and will be finalised within the first half of the 17-18 financial year.
Environmental / Sustainability
The works will enable the closure of the landfill operation at Eden which commenced in 1974 and does not meet current environmental guidelines.
Economic
The construction of the waste transfer station does not have a direct long term impact on the economy. However the potential exists to replace the existing landfill activity with a dedicated construction and demolition waste recovery facility. This would reduce the rate of filling at the Central Waste Facility and would have benefits to the construction and demolition sector of the economy.
Community Engagement and/or Communications
The planned closure of landfills at Eden, Merimbula and Bermagui, and replacement with transfer stations has been the subject of significant consultation during the formation of the 2020 Vision on Waste.
Financial and resource considerations
The project has been budgeted for within the 2016-17 waste capital works programme.
Conclusion
The construction of a waste transfer station at Eden Recycling and Waste Depot is an essential component of Council’s Waste Management Strategy. Council has undertaken a tender process for the key works for the project, which it aims to complete by December 2017.
Attachments
1. Confidential memorandum to Councillors regarding RFT 69/16 Construction of the Eden Transfer Station (Councillor Only) (Confidential)
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1. That Council accepts the recommendations as outlined in the confidential attachment. 2. That Council accept the tender from <insert> in the amount of $<insert> including GST for works described in RFT 69/16. 3. The authority is delegated to the General Manager or the Director Transport and Utilities in the General Manager's absence to execute all necessary documentation. 4. The other tenderers be advised of Council’s decision. |
Council |
5 April 2017 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.
13.1 Australian Local Government Association: National General Assembly call for motions 26
13.2 Internal Audit Committee................................................................................... 29
13.3 Classification of land recently acquired by Council............................................ 68
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Council 5 April 2017 |
Item 13.1 |
13.1. Australian Local Government Association: National General Assembly call for motions
The Australian Local Government Association (ALGA) has called for Motions from Councils to be considered at the National General Assembly to be held in Canberra from 18-21 June 2017.
General Manager
Background
ALGA is the peak national body representing local councils across Australia. The 2017 National General Assembly (NGA) of Local Government will be held in Canberra from 18-21 June, 2017.
The theme of the NGA is “Building Tomorrow’s Communities” and will focus on how councils can work in partnership with the Australian Government in particular, to meet the current and future needs of local communities.
The program for the NGA will cover a wide range of issues, reflecting the diversity of local government and its interests across Australia.
At its meeting on 1 February 2017 Council resolved to register the General Manager, the Mayor and three Councillors for the event. Crs Tapscott, Dodds and Griff have accepted the nomination to attend.
Local Government is an essential part of the Australian system of government being democratically elected and ensures “good governance” of local communities throughout Australia, providing crucial local planning, services, programs and infrastructure.
ALGA has called for Motions to be considered at the NGA to be forwarded by 11:59pm on Friday 21 April 2017. Motions submitted will be reviewed by the NGA Committee and State and Territory Local Government Associations to determine eligibility for inclusion in the NGA Business Paper. A discussion paper has been prepared by ALGA and circulated to Councillors covering the key themes of the conference. To be eligible for inclusion in the NGA Business Papers, and then debated on the floor of the NGA, Motions must follow these listed principles:
1. Be relevant to the work of local government nationally
2. Be consistent with the themes of the NGA
3. Complement or build on the policy objectives of your state and territory local government association
4. Propose a clear action and outcome; and
5. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.
Motions should be in a form seeking the NGA's support for a particular action or policy change at the Federal level, which will assist local governments to meet local community needs. Motions must be accompanied by a declaration noting the Motion has been endorsed by the Council.
Motion:
· That ALGA strongly advocate for a review of the NDRRA assessment and financial reimbursement processes and the introduction of a national funding mitigation infrastructure funding program aimed at assisting Councils nationwide to protect crucial infrastructure from increasing flood, storm, ocean and fire events.
National Objective:
It is critical that a review of policy, at both the State and Federal level, regards the NDRRA financial reimbursement, in particular the assessment timelines, is completed as a matter of priority.
The continual delay in the administration process places Councils in a dire situation as the economic, social and environmental risks inevitably escalate.
Across Australia local government struggles to maintain and renew its infrastructure. With increasing frequency of natural disasters local government needs to be appropriately supported to enhance and protect crucial infrastructure to mitigate against impacts on community and repeated damage to this infrastructure. There has been continual discussion about moving to a model that supports a fund to assist councils improve and protect infrastructure. This needs to happen as a matter of urgency.
Summary of Key Arguments
· Bega Valley Shire Council along with many other NSW and Australian Councils are increasingly feeling the impact of natural disasters affecting their communities, isolating people and destroying infrastructure. There is growing delays in funding being received by Councils and uncertainty as to the framework we are working within.
· There has been ongoing discussion about the need to look at preparing, protecting and mitigating risks and funding this work rather than being in a catch up model. The funding Councils are eligible for post event has been reducing, the process we are expected to apply to doing immediate response and recovery works and subsequently restitution works are changing. Local government has not yet seen however any available funding to assist them enhance and protect critical infrastructure.
Conclusion
The 2017 National General Assembly of Local Government provides local government across Australia the opportunity to contribute to the important national discussion about the role of local government in national productivity, partnering, innovation and resourcing.
Attachments
Nil
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That the following Motion for the ALGA National Assembly 2017 be forwarded to ALGA for consideration for inclusion in the Business Paper for the National Assembly: Motion: That ALGA strongly advocate for a review of the NDRRA assessment and financial reimbursement processes and the introduction of a national funding mitigation infrastructure funding program aimed at assisting Councils nationwide to protect crucial infrastructure from increasing flood, storm, ocean and fire events. National Objective: It is critical that a review of policy, at both the State and Federal level, regards the NDRRA financial reimbursement, in particular the assessment timelines, is completed as a matter of priority. The continual delay in the administration process places Councils in a dire situation as the economic, social and environmental risks inevitably escalate. Across Australia local government struggles to maintain and renew its infrastructure. With increasing frequency of natural disasters local government needs to be appropriately supported to enhance and protect crucial infrastructure to mitigate against impacts on community and repeated damage to this infrastructure. There has been continual discussion about moving to a model that supports a fund to assist councils improve and protect infrastructure. This needs to happen as a matter of urgency. Summary of Key Arguments · Bega Valley Shire Council along with many other NSW and Australian Councils are increasingly feeling the impact of natural disasters affecting their communities, isolating people and destroying infrastructure. There is growing delays in funding being received by Councils and uncertainty as to the framework we are working within. · There has been ongoing discussion about the need to look at preparing, protecting and mitigating risks and funding this work rather than being in a catch up model. The funding Councils are eligible for post event has been reducing, the process we are expected to apply to doing immediate response and recovery works and subsequently restitution works are changing. Local government has not yet seen however any available funding to assist them enhance and protect critical infrastructure. |
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Council 5 April 2017 |
Item 13.2 |
13.2. Internal Audit Committee
The purpose of this report is to update Council of the current status of the Internal Audit Committee Chairperson arrangement and seek extension for a 12 month period for the current appointed Chairperson.
Executive Manager Organisational Development and Governance
Background
The NSW Parliament has passed amendments to the Local Government Act 1993 which amongst other changes has a focus on improving governance and strategic business planning across all Councils in NSW.
Future amendments to the legislative framework will see an increased involvement of Internal Audit Committee (IAC) and Council Auditor functions exercised by the NSW Auditor-General (or a person appointed by the Auditor-General).
The Amendment Bill (refer to Part 4A of the attached document) formalises the creation of an Audit, Risk and Improvement Committee whose role will be to review the following aspects of Council’s operations:
· Compliance
· Risk management
· Fraud control
· Financial management
· Governance
· Implementation of the strategic plan, delivery program and strategies
· Service reviews
· Collection of performance measurement data by the council
· Any other matters prescribed by the regulations
The Office of Local Government is currently drafting Guidelines relating to the establishment and function of this new Committee and until this work has been finalised, Bega Valley Shire Council's (BVSC) IAC arrangements will continue. In accordance with Section 2.5 of BVSC's current IAC Charter; the position of Chairperson is be appointed by Council every 2 years. The current Chairperson, Mr Terry Bunn has occupied this role for just over two years.
Noting the changes the Amendment Bill will instigate, it is recommended the current IAC structure and membership remains in place until the new guidelines are finalised. It is also appropriate that Council resolve to extend the term of Mr Terry Bunn as the current Chairperson of the IAC, such time as the above mentioned Guidelines have been finalised and implemented by BVSC and new membership of external members is determined.
Risk
In accordance with BVSC Procedure 5.03.1 Enterprise Risk Management Council has categorised its basic risk profile into eleven broad categories. These are:
· Human Resources
· Health and Safety
· Communications
· Procurement
· Ethics
· Information Technology
· Infrastructure
· Financial
· Governance
· Environment
· Reputation
The following initial risk rating and category is assigned to this report based on a risk analysis of the subject:
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Risk Category |
Risk Description |
Initial Risk Rating |
Consequence Table Summary |
Recommended Controls |
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Governance |
The Local Government Amendment Bill formalises the position of an Audit, Risk and Improvement Committee. BVSC currently has an Internal Audit Committee as well as a separate Risk Management Committee. As the amendment bill is a draft there is a risk that if Council were to appoint an IAC Chair for a two year period guidance or circumstance may change how we configure the Committee and a further two year term for the Chair may stagnate this change. |
MEDIUM 14 |
Serious breach resulting in statutory authority or investigation, indication of significant failure of internal controls. (Taken from Procedure 5.03.1) |
Maintain current status quo in relation to IAC structure until firm guidance is available as to how BVSC should configure the Audit, Risk and Improvement Committee as articulated in the Amendment Bill. |
Conclusion
To ensure the ongoing IAC program of audits continues, until the Guidelines relating to the establishment of the Audit, Risk and Improvement Committee have been developed and implemented, it is recommended BVSC's current IAC Committee Structure remain in place. To support this action, it is also recommended Mr Terry Bunn continue as the Chairperson of the IAC.
Attachments
1. Local Government Ammendment Bill
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That Council approves the continued appointment of the current Internal Audit Committee Chairperson (Mr Terry Bunn) and Committee members, until the Office of Local Government Guidelines for the Audit, Risk and Improvement Committee Function, in line with the amendments outlined in the Local Government Act 1993, have been finalised and implemented. |
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Item 13.3 |
13.3. Classification of land recently acquired by Council
This report seeks approval to classify land recently dedicated to Council as Operational Land under the Local Government Act 1993.
Director Strategy and Business Services
Background
Council Resolved on 1 February 2017 to give notice of its intention to classify Lot 66 DP 1171407 at Ravenswood Street, Bega and Lot 6 DP 1225381 at Blue Wren Place, Bermagui as Operational Land under the Local Government Act 1993 (the Act).
Lot 66 DP 1171407 at Ravenswood Street, Bega was converted from Old System title to Torrens title and upon receipt of the new Certificate of Title, Property Officers determined the parcel of Council owned land should now be classified as Operational Land to allow for a range of future uses of the site.
Lot 6 DP 1225381 at Blue Wren Place, Bermagui was dedicated to Council as Drainage Reserve upon subdivision of private land. A condition of Development Consent 2007.295 required dedication of this parcel of land as drainage reserve as all adjoining lots drained into this site.
It is recommended both lots be appropriately classified as Operational Land under the Act.
Issues
Legal /Policy
Section 31 of the Act provides that a property must be classified within three months of acquisition by Council resolution or it automatically defaults to Community land. Section 34 of the Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.
Community Engagement and/or Communications
The public notice advertisement regarding the proposed classification of Lot 66 DP 1171407 at Bega to allow for future uses of the site and Lot 6 DP 1225381 at Bermagui for the purpose of a drainage reserve, appeared in the local papers on Friday 10 February 2017 with the submission period closing on Friday, 10 March 2017. No submissions were received objecting (or otherwise) to the proposal.
Financial and resource considerations
Advertising costs associated with the classification process were allocated from the Property Services budget. There are no ongoing servicing costs associated with the classification of each of the parcels of land dedicated to Council.
Council officer time has been required to carry out the land classification process and ongoing management of any future uses of the sites may be required.
Conclusion
In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the Act, Council resolution is sought to classify the lands recently acquired at Bega and Bermagui as Operational Land.
Attachments
Nil
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1. That Council note a 28 day public notification process was completed regarding the proposal to classify each of the parcels of land dedicated to Council at Bega and Bermagui, with no submissions received. 2. That Council resolve to classify Lot 66 DP 1171407 at Bega and Lot 6 DP 1225381 at Bermagui as Operational Land under Section 31 of the Local Government Act 1993. |
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Council |
5 April 2017 |
Notices of Motion
05 April 2017
18.1 Councillor Development Program: Conference and Forum attendance January to June 2017............................................................................................................................. 71
18.2 Use of funds from sale of Council land Merimbula for sports facilities........... 101
18.3 Short Point Coastal Accessibility Masterplan.................................................... 103
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Council 5 April 2017 |
Item 18.1 |
18.1. Cr Jo Dodds - Councillor Development Program: Conference and Forum attendance January to June 2017
Background
On the 1 February 2017 Council meeting, Council resolved the following Councillor Development Program for January to June 2017
RESOLVED on the motion of Crs Griff and Seckold
1. That Council determine attendance at the following conferences for the period 1 January to 30 June 2017.
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Date |
Program |
Attendees |
Status |
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12-14 March 2017 |
LG NSW Tourism Conference Taree, NSW |
Recommend Chair Economic Development Committee &/or SCT delegate. |
No attendance due to availability of Councillors. |
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4-6 May 2017 |
NSW Australian Local Government Women’s Association Conference Penrith, NSW |
Open to female councillors. |
Cr Seckold Cr Dodds |
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18-21 June 2017
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Australian Local Government Association National General Assembly Canberra, ACT |
General Manager, Mayor and three Councillors to be nominated |
General Manager Mayor Cr Tapscott Cr Dodds Cr Griff |
2. That registration, travel, accommodation and related costs be covered as per Council’s policy.
Cr Seckold will be attending the NSW Australian Local Government Women’s Association Conference in Penrith, NSW
I propose to attend the two day Communities in Control 2017 - What Makes Healthy Communities? People have the Power! conference in preference to the ALGWA conference as this will afford a broader scoping for ideas. It will also result in savings to the community of $1428.
The Communities in Control conference is focussed on Leadership for Healthy Communities and offers a broad range of speakers across fields including social change, economics, community capacity building and inclusion. Topics include results from the Dunedin Multidisciplinary Health and Development Study, the importance of optimism and high expectation relationships for healthy Indigenous communities, gender impediments to social change, and disability. The speakers are all leaders in their fields.
Sending Councillors to separate conferences where possible multiplies the impact from the ideas, resources and energy with which they return, at no extra expense to the community.
Having attended this conference in 2016 I can attest to the relevance and power of the ideas and skills I returned with. I propose to cover my own accommodation costs.
Cost Comparison
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Communities in Control 2017 |
NSW Australian Local Government Women’s Association Conference |
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Conference Registration $385 Accommodation $0 Flights $400 (includes transfers) Meals $202 TOTAL = $987 |
Conference Registration $1100 Accommodation 2 nights $400 Flights $730 (includes transfers) Meals $185 TOTAL = $2415 |
Cr Jo Dodds
Attachments
1. Communities in Control 2017 Conference program
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1. That Council approve the attendance to the Communities in Control 2017 conference by Cr Dodds. 2. That registration, travel and related costs be covered as per Council’s policy. |
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Item 18.2 |
The Bega Valley Shire Council last year voted to divest a site used for Merimbula's squash courts (and the former Merimbula Library), with the building in disrepair and Council having no other use for the land. It was also decided that a private developer would make better use of the site, which is prominent piece of real estate in Merimbula's CBD.
In July 2016 Council entered into a 12 month option with RomFam Investments, which have proposed to redevelop the site with a supermarket.
There were no explicit instructions from Councillors about allocation of proceeds of the sale for any particular project, but it was noted in Council minutes the money would go into the Property Development Reserve and reinvested in Merimbula in some form.
The current tenant of the site, Merimbula Squash Club, agreed the building had reached the end of its life and worked with Council to establish new courts at the Pambula Sports Ground. However, squash courts were not included in the Master Plan.
The club, which has about 80 active members, started a working group to advocate for replacement courts, and includes representatives from the local basketball and netball clubs, which have for many years looked to upgrade their outdoor courts located on Ocean Drive, in Fishpen. Collectively the three clubs represent more than 500 members.
The working group submitted a preliminary business plan to Council for the construction of an indoor sports and recreation centre in Merimbula, which would replace the squash courts and include indoor courts for basketball and netball. Detailed plans, including a business plan, were submitted as a part of Council's Community Project Proposals last year.
The group has received support from the local Merimbula Chamber of Commerce, other sporting clubs keen to use such a facility, including cricket and soccer clubs, local schools and has support from the wider community.
Similar proposals for Merimbula have come and gone over time but all have been unsuccessfully due to the lack of an appropriate and available parcel of land in Merimbula.
The working group has proposed to use seed funding from the sale of the current courts to work with Council on a feasibility study and business plan for a facility, which would include identifying an appropriate piece of land.
Furthermore, to fund the acquisition of land, the group have proposed Council sell a parcel of its land at Fishpen, Merimbula, which was set aside for a similar community project but the working group believe is not appropriate.
Cr Mitchell Nadin
Nil
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Council 5 April 2017 |
Item 18.3 |
Council officers recently released detailed plans to upgrade the viewing platform at Short Point, in Merimbula, as part of its Short Point Coastal Accessibility Master Plan.
The current platform is over 10 years old and identified in a condition report as needing attention.
Almost three-quarters of the funding ($30,000) was set to come from the State Government under its BLAH program, with the remaining 25 per cent coming from Council.
The works represent a major overhaul for the aged deck, and include replacing much of the surface timber, some of the sub-structure, other additions, and the construction of a roof.
However, the design could have a substantial impact on views from the car park for local surfers - many who believe the platform is fundamentally in the wrong place. As the rebuild is fairly significant it could be an opportunity to move the structure to a more appropriate place along the cliff face.
This potential change in location for the platform would mean significant modifications to the overall Master Plan, which include paths to the platform and onto other facilities.
There is no rush to implement the Plan, which should be reviewed and further consultation with the community offered for this high-profile work.
Cr Mitchell Nadin
Nil
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Council |
5 April 2017 |
Questions On Notice
05 April 2017
19.1 Merimbula Parking Trial Period....................................................................... 105
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Council 5 April 2017 |
Item 19.1 |
19.1. Merimbula Parking Trial Period
This report responds to the Question on Notice raised by Cr Nadin at the Council Meeting on 22 February 2017.
Director Transport and Utilities
Background
The proposal to change parking arrangements in Market Street, Merimbula was part of the Merimbula Central Business District (CBD) Bypass project, with an aim to improve traffic flow and minimise congestion within the Merimbula CBD. The proposal was considered by the Local Traffic Committee on 7 December 2016, before being adopted by Council on 14 December 2016 as follows:
“12.2 Bega Valley Local Traffic Committee
Market Street, Merimbula – Proposed Changes to Parking
1. Council approve the installation of a No Stopping zone in Market Street, Merimbula replacing the existing 2 x 1P parking spaces located in front of the Merimbula McDonalds Restaurant, commencing at a point 34.5 metres from the intersection point of the southern kerb line of Monaro Street and Market Street, for a length of 15 metres south.
2. Council approve the installation of a No Stopping zone in Market Street, Merimbula replacing the existing 1 x 5 minute parking space opposite the intersection of Beach Street and Market Street.
3. Council approve the installation of a Loading Zone in Market Street, Merimbula replacing the existing 1 x 5 minute parking space located on the North West side of the pedestrian traffic lights.
4. Council approve the installation of a Loading Zone in Market Street, Merimbula replacing the existing 3 x 30 minute parking spaces, commencing at a point 10 metres from the kerb intersection point of the southern side of Beach Street and Market Street for a distance of 20 metres.
5. Council approve the extension of a No Stopping zone in Market Street, Merimbula replacing the existing Loading Zone located 30 metres from the kerb intersection point of the southern side of Beach Street and Market Street for a distance of 13.4 metres.”
The recommendation did not specify the trial period or a definitive completion date. However, the intention was always to complete a review, to ensure the parking changes were having the desired effect on traffic flow and the anticipated improvements were being achieved.
Information provided with the report to Council indicated:
“The changes could be a seasonal change, for example 1 December to 1 March; however if the changes prove to provide significant benefits, then it would be proposed to make them permanent. This can be reviewed after the coming peak season to ascertain effectiveness.”
Review
Current observations and feedback about these parking changes indicate they have made moderate to significant improvements in reducing delays and banking of traffic in Market Street and over the causeway.
This issue has been referred to the next Local Traffic Committee meeting, scheduled for 5 April 2017, to review the impact of the changes and whether to make them permanent, seasonal or revert to the previous arrangements. This will also take into consideration any submissions received from the community during the trial period.
Prior to the Local Traffic Committee meeting, the Merimbula CBD Bypass Project Manager will meet with a representative from the Merimbula Chamber of Commerce to seek their feedback and observations. The Chamber was supportive of the proposal on a trial basis.
Council’s Merimbula Place Based Officer will also engage with businesses along Market Street, especially those that were initially reluctant to lose on street parking.
In accordance with their delegation, the recommendations of the Local Traffic Committee will be reported to Council for adoption. As the next Local Traffic Committee meeting is scheduled for 5 April 2017, the report will be presented to the 26 April 2017 Council Meeting. This will mean the current arrangements will be in place for the Easter Long Weekend, which is a peak tourist period.
Attachments
Nil
