Ordinary

 

Meeting Notice and Agenda

 

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

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

Copy:

General Manager, Ms Leanne Barnes

Acting Director, Transport and Utilities, Mr Ian MacFarlane

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Graham Stubbs

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing Of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

·         Is it likely I could be influenced by personal interest in carrying out my public duty?

·         Would a fair and reasonable person believe I could be so influenced?

·         Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

·         Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st       Do I have private interests affected by a matter I am officially involved in?

2nd     Is my official role one of influence or perceived influence over the matter?

3rd      Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

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.

Agency advice     

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.

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

 

Disclosure of pecuniary interests / non-pecuniary interests

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)

Item no & subject

 

Pecuniary Interest

 

   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.

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.

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.

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.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

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

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

NB:  Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.


Council

1 November 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 11 October 2017 as circulated, be taken as read and confirmed.

3       Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.  Declarations also to be prior to discussion on each item.

4       Deputations (by prior arrangement)

4.1                Deputation requests Fluoridation of Water Supply.................................................................... 9

 

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

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

9.1                Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom.................................... 11

10     Staff Reports – Community, Culture and Leisure

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

Nil Reports

11   Staff Reports –Economic Development and Business Growth

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

Nil Reports

12     Staff Reports – Infrastructure Waste and Water

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

12.1              Drinking Water Fluoridation......................................................................................................... 30

12.2              Eden Port Infrastructure Project................................................................................................. 50

12.3              Bega Valley Local Traffic Committee........................................................................................... 53

12.4              RFT50/17 Detailed Design, Construct and Operate Landfill Gas Management System...... 55

13   Staff Reports – Governance and Strategy

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

13.1              Enterprise Risk Quarterly Report (July to September)............................................................. 58

14     Staff Reports – Finance

In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.

14.1              Investment Report - September 2017........................................................................................ 62

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     Councillor Reports

 

17     Rescission/alteration Motions

17.1              Beach Lifeguard Services Tender RFT 55/17  - Item 10.1 Council Meeting 11/10/2017    66

 

18     Notices of Motion

 

19     Questions On Notice

 

20     Questions for the Next Meeting

 

21     Confidential Business 

 

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public........................... 68

21.1              RFT 13/17 Sale of 142-144 Imlay Street Eden (the former Hotel Australasia)

This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

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

Statement of Re-Commencement of Live Streaming

22     Adoption of reports from Closed Session

23     Resolutions to declassify reports considered in closed session


Council

1 November 2017

 

 

Deputations (by prior arrangement)

 

01 November 2017

 

4.1              Deputation requests Fluoridation of Water Supply............................................... 9


Council 1 November 2017

Item 4.1

 

4.1Deputation requests Fluoridation of Water Supply      

 

Listing requests to address Council regarding fluoridation of water supply.

 

General Manager  

 

Background

Requests to address Council regarding proposed fluoridation of water supply have been received from the following persons:

Ms Connie Crawford

Mr David Stern

 

Attachments

Nil

   

 


Council

1 November 2017

 

 

Staff Reports –Planning And Environment

 

1 November 2017

In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.  

9.1              Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom................. 11


Council 1 November 2017

Item 9.1

 

9.1. DA No. 2017.341: Addition to pub (Dulcie's Cottage) kitchen prep area and coolroom        

 

Director Planning and Environment  

 

 

Applicant

Mitchell Nadin C/-BD Design

Owner

George Scott Pty Ltd

Site

Lot 3 DP 39004 - 60 Main Street, Merimbula

Zone

B2 Local Centre

Site area

752.5m²

Proposed development

Additions to Pub (Dulcie's Cottage) for the purpose of dry/cool storage and kitchen preparation area

Precis

Council is in receipt of a Development Application (DA) for the erection of a building for the purpose of dry/cool storage and food preparation facilities associated with the existing bar and eatery.

In accordance with Council adopted Policy 3.01.4 Councillor/Staff – Determination of DA, the application is referred to Council for determination on the basis that Cr Mitchell Nadin is the applicant.

The DA was placed on public exhibition with one submission received and the issues raised in the submission are outlined in the report.

The DA is recommended for approval subject to conditions.

Description of the proposal

The DA seeks approval for the erection of a building 11 metres by 11 metres to be utilised for the purpose of dry/cool storage and food preparation facilities. The building would have a maximum height of 5m and be constructed of colourbond steel. The building would be located immediately to the south of the existing Pub. The erection of the shed would require the demolition and removal of an existing building and cool room currently utilised for storage.

The building would be connected to all available services and would be accessed by staff only.

Detailed plans of the proposed building and its location on site are shown in Attachment 1.

Description of the site

The subject land is located on the southern side of Main Street, Merimbula. The land currently supports an existing Pub known as Dulcie’s with an existing separate building currently used as a cool room located at the rear of the site. The land has a southerly aspect and slopes down from street frontage.

See attached Locality Plan (Attachment 2).

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 79C of the Environmental Planning and Assessment Act 1979. Council officers has highlighted the key issues of the proposal in this report for Council’s consideration.

The proposal complies with Council’s Local Environmental Plan and Development Control Plan and would have minimal environmental impact.

A copy of the assessing officer’s Section 79C Assessment will be available at the meeting.

Zoning

The subject land is located within the B2 Local Centre Zone under the provisions of the Bega Valley Local Environmental Plan 2013 with the proposed development a permissible use with Council consent.

Issues

Policy - Procedure 3.01.4 Councillor/Staff – Determination of Development Applications

The Procedure applies to any development application lodged where a Councillor or senior member of staff is connected to the DA.

In accordance with the Procedure, the application is referred to Council for determination on the basis that Cr Mitchell Nadin is the applicant for the DA.

Submissions

The DA was placed on exhibition for a period of 14 days from 13 September 2017 until 27 September 2017 with one submission received.

The key issues raised in submission are discussed below followed by Council officer comment.

A copy of the submission will be available at the Council meeting. The submission stated:

"In the last Development Application 2014-320 they made a commitment to use the delivery bays in Market or Alice Streets. It has been shown on numerous occasions that trucks have pulled up on Main Street and off loaded which has hindered traffic and obscured the vision of drivers trying to turn into Main St particularly when all the road side parking are taken. With a bigger kitchen, it means more stock and more deliveries and more issues on a busy Main St."

 

Council officer comment: Development Consent 2014.320 did require that the delivery of items to be undertaken within existing loading zones located in Market or Alice Street. Since the commencement of the business there is no record of Council receiving any complaints regarding delivery vehicle movements. The matter of delivery vehicle movements will be followed up as a separate matter as part of the compliance with conditions of consent for the existing business.

"On-site parking is a real problem in Merimbula and Dulice's Cottage should be made to put parking on site to accommodate their patrons which will increase because of the extension. In the previous application they provided for a maximum number of patrons at any one time at 100. Dulice's have now put live entertainment on Sundays and on most weekends they had a line waiting to get in and there was more then the legal number of patrons inside the venue. Given the number of parking spaces that should be required to accommodate the above level of patronage, Dulcie's have provided no physical parks for their patrons. They rely wholly on the Alice St Carpark and other commercial trading venues spaces such as ourselves and the nearby Bowling Club."

Council officer comment: The proposed works will involve the demolition of the existing storage shed and removal of a cool room and replace it with one shed to incorporate these items and will not result in an increase of the maximum number of patrons permitted at any one time on the premises which is 100. Therefore no additional parking is required for the proposed building.

The matter of parking requirements was considered as part of the assessment and determination of the DA for the existing business.

"When the Merimbula RSL Club done the car park beside the proposed new premises Council made us provide additional landscaping to blend into the theme of Merimbula. It is a concern that the landscaping and the look of a shed will detract from what Merimbula has spent a lot of money to achieve."

 

Council officer comment: The site has already undertaken boundary landscaping with the tree/shrubs now to a height of approximately two to three metres. The built environment and topography makes the rear yard of the premises difficult to be seen from public vantage points, with only pedestrian traffic along Main Street having filtered views from the footpath. The building will replace an existing smaller building and cool room and will be set back from the eastern boundary by 2.5 metres and 3 metres to the southern boundary. It is considered that the setbacks and existing landscaping would mitigate any visual impacts on the surrounding commercial built form.

"The application provides for a maximum number of patrons at any one time to be 100. On the plans there doesn't seem to be any additional toilets for the additional number of patrons and with the larger cooking area the sewerage system will not cope. When the car park was built, the Club had to upgrade the sewer pipes to cope with the additional demand. I am aware that this wasn't done on their part of the system which is still old pipes. Like all commercial kitchens a grease pit will be required with regular pumping out to protect the line which the Club upgraded."

 

Council officer comment: As previously stated the proposed development would not increase the maximum number of patrons permitted at any one time on the premises.

Conclusion

The DA seeks the erection of a stand-alone building to be utilised for the purposes of dry/cool storage and food preparation in conjunction with the existing pub premises known as Dulcie’s.

The matter is referred to Council for consideration and determination in accordance with Council Procedure 3.01.4 Councillor/Staff – Determination of Development Applications as Cr Nadin is the applicant for the DA.

The concerns raised in the submission have been assessed and are not considered reasonable to warrant refusal of the DA.

The DA is recommended for approval subject to conditions.

 

Attachments

1.            Attachment 1 - Development Plans

2.            Attachment 2 - Locality Plan

3.            Attachment 3 - Draft Development Consent

 

Recommendation

1.         That Development Application 2017.341 for the erection of a building at Lot 3 DP 39004,
60 Main Street, Merimbula be approved subject to the conditions in the Draft Consent attached to the report.

2.         That those persons who made a submission be notified of the determination.

 


Council

1 November 2017

Item 9.1 - Attachment 1

Attachment 1 - Development Plans

 


 


 


Council

1 November 2017

Item 9.1 - Attachment 2

Attachment 2 - Locality Plan

 


Council

1 November 2017

Item 9.1 - Attachment 3

Attachment 3 - Draft Development Consent

 


 


 


 


 


 


 


 


 

 

 


Council

1 November 2017

 

 

Staff Reports – Infrastructure Waste And Water

 

1 November 2017

In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.  

12.1            Drinking Water Fluoridation............................................................................... 30

12.2            Eden Port Infrastructure Project......................................................................... 50

12.3            Bega Valley Local Traffic Committee................................................................. 53

12.4            RFT50/17 Detailed Design, Construct and Operate Landfill Gas Management System            55


Council 1 November 2017

Item 12.1

 

12.1. Drinking Water Fluoridation     

 

On 20 September 2017, Council resolved to defer a decision on drinking water fluoridation, to respond to deputations presented at the meeting. This report includes responses from NSW Health on three key issues identified from the deputations.

 

Acting Director Transport and Utilities  

 

Background

Council has added fluoride to drinking water in the Bega/Tathra supply system since 1963. Customers supplied with drinking water from other supply systems do not currently have the benefits of added fluoride.

NSW Health has asked regional water utilities, including Bega Valley Shire Council to incorporate fluoride into their water treatment processes as an effective measure in preventing and reducing tooth decay.

On 4 November 2015 Council resolved to work with NSW Health to commence a broad based community information program regarding the fluoridation of drinking water.

A comprehensive report was presented to Council on 20 September 2017, outlining the Community Information Program undertaken and providing supporting information. Three deputations were made to Councillors at this Council meeting. Council officers sought a response to these deputations from NSW Health, who have responded as shown below.

NSW Health response to “Evidence supporting water fluoridation”

“NSW Health works to protect and support the health of people living in NSW. NSW Health supports water fluoridation because evidence shows it to be a safe, effective and ethical way of reducing tooth decay. Surveys of NSW children show that those living in fluoridated areas have significantly less tooth decay than those living in non-fluoridated areas. This finding is consistent with the National Health and Medical Research Council’s (NHMRC) comprehensive review of water fluoridation, which found fluoridation reduces tooth decay by 26 – 44% in children and teenagers, and by around 27% in adults. This local evidence should guide decision making in NSW, and is more relevant than broad reporting of international trends on tooth decay.

The NHMRC also considered the safety of fluoridation as part of the review. After a wide-ranging evaluation of evidence, NHMRC concluded that there is no reliable evidence water fluoridation causes any negative health effects.”

NSW Health response to “Bega Valley Shire Council’s current fluoridation operations”

“Bega Valley Shire Council currently fluoridates the Bega/Tathra water supply. Council follows the NSW Code of Practice for Fluoridation of Public Water Supplies in testing the level of fluoride in the water supply. NSW Health notes the recent report presented to Council by Mr Rob Slazenger, and wishes to address concerns raised. 

The Code of Practice requires Council to collect and test a sample of water entering the water supply every day the fluoridation system is operating. No testing is required when fluoridation equipment is not operating, whether because of scheduled maintenance, a mechanical issue or other reason. These short term outages result in ‘gaps’ in the data, but don’t reduce the effectiveness of fluoride in preventing tooth decay in the long term. The Code of Practice also requires weekly testing of water in the water supply, to check that the level of fluoride is the same for all consumers. At least two water samples are tested each week from different parts of the supply system. These samples are usually taken on the same day, but the time of the week can vary depending on the priorities of the sampling officers.

The target concentration of fluoride in drinking water in NSW is 1.0 mg/L (1 milligram per litre or one part per million), with an operational range of 0.9 mg/L to 1.5 mg/L. Mr Slazenger’s report presents data for results submitted to NSW Health by Council since 2001. Council has submitted over 5000 daily sample results to NSW Health since this time. There have been two single day results in 2009 and 2010 where the fluoride concentration of water entering the Bega supply system exceeded the upper operational limit. On 27 January 2009, Council reported a daily measurement of 1.97 mg/L. On 16 April 2010 Council reported a daily measurement of 1.53 mg/L. In both cases, the issues were quickly identified through the daily testing. The issues were managed by Council staff, and the fluoride concentration was returned to the operational range by the following day. These short term exceedances of the operational limit did not pose any risk to public health. Short-term health effects of fluoride exposure only occur at much higher concentrations, which are not possible to achieve in fluoridated drinking water due to design controls in place in NSW. NSW Health was notified of both issues, and is satisfied that Council responded appropriately, and acted according to the requirements of the Code of Practice.

Council’s testing in 2010 identified that the fluoride level was within the operating range, but above the target level for around three months. This did not pose any risk to people’s health. Council worked with NSW Health to identify an equipment problem, made short term corrections, and then completely replaced the fluoridation system in 2011. Council has operated this system consistently and effectively since this time.

NSW Health is confident in Bega Valley Shire Council’s ability to supply safe drinking water to consumers, and to safely operate fluoridation equipment. Data supplied to NSW Health, and presented in the report, demonstrates good operational performance, consistent monitoring and effective risk management.”

NSW Health response to “Bega Valley Shire Council’s Consultation process”

“NSW Health acknowledges Bega Valley Shire Council’s consultation process, and the efforts to provide the whole community with the opportunity to share an opinion on fluoridation. NSW Health worked with Council to provide credible and reliable evidence to the community. Council received a small number of formal responses during the consultation period. These submissions only represent the views of those who responded, and cannot be relied upon to represent the opinion of the whole community. NSW Health responded to concerns raised by those opposing fluoridation in its previous report to Council.

NSW Health has previously conducted random community surveys on opinions towards water fluoridation. The last NSW wide survey was done in 2008, and showed around 87% support for fluoridation. A study targeting regional NSW communities without water fluoridation in 2011 showed 70% support. These results are available on the NSW Health website - http://www.health.nsw.gov.au/environment/water/Pages/fluoridation.aspx

The decision of whether to pursue fluoridation of the Tantawanglo/Kiah and Brogo/Bermagui water supplies rests with the elected Councillors. NSW Health strongly encourages Council to vote in favour of water fluoridation and allow these communities to receive the benefits of fluoridation available to Bega, Tathra and the majority of the NSW population for over 50 years.”

Conclusion

NSW Health remains a strong advocate for fluoridation of water supply in the Bega Valley Shire. NSW Health is a specialist in this subject and Council officers are unable to present a credible counter argument from a similarly qualified body.

 

Attachments

1.            Email response from NSW Health regarding items raised during Deputations made at the Council Meeting on 20 September 2017

2.            Deputation - Rob Slazenger

3.            Deputation - Greg Ferguson

4.            Deputation - Fraser Buchanan

 

Recommendation

1.         That Council note the fluoridation of drinking water community information process already undertaken.

2.         That Council either resolve to proceed with the fluoridation process, or

3.         Refer the question directly to the Secretary of NSW Health for Decision under Section 6A of the Fluoridation of Public Water Supplies Act 1957.

 


Council

1 November 2017

Item 12.1 - Attachment 1

Email response from NSW Health regarding items raised during Deputations made at the Council Meeting on 20 September 2017

 


 


Council

1 November 2017

Item 12.1 - Attachment 2

Deputation - Rob Slazenger

 


 


 


 


 


 


 


 


 


 


Council

1 November 2017

Item 12.1 - Attachment 3

Deputation - Greg Ferguson

 


Council

1 November 2017

Item 12.1 - Attachment 4

Deputation - Fraser Buchanan

 


 


 


 


Council 1 November 2017

Item 12.2

 

12.2. Eden Port Infrastructure Project     

 

Council is now in receipt of the proposed payment schedule for Council’s commitment to the Eden Port Infrastructure Project from NSW Crown Lands

 

General Manager  

 

Background

In 2013 Council was the lead proponent for the funding application, to the Federal Government, for the Eden Port Infrastructure Project. The project had an interesting commencement with funding being approved just prior to the Federal election and the Funding Deed being held over the election process as an election promise. Lengthy negotiations and discussions were held over the period from August 2013 to December 2013. Council handed the project over to the NSW Government, with Crown Lands as the lead agency, early in 2014.

Council resolved unanimously in July 2013 to commit $2m towards the project to ensure its success at the Federal level.

The final draft Funding Deed from mid-2013, between Council and the Federal Government, proposed Council’s commitment was an allocation of funding for works on the Port landside infrastructure.

RESOLVED on the motion of Crs Britten and Allen

That the commitment Council has made of $2m to the Port of Eden RDAF 4 project for road infrastructure be allocated for construction of port waterside infrastructure.

The funding was to be sourced from the Long Term Financial Plan which projected an allocation of funding for road infrastructure in Eden in the 2018/19 year.

NSW Crown Lands have since led the project and negotiated a Funding Deed with the Federal Government for the Federal allocation of $10 million funding towards the $44 million project. At the point of handover to Crown Lands Council provided all scoping work and consultant reports commissioned and paid for by Council, to Crown Lands and the costs for these was allocated against Council’s financial commitment to the project. Crown Lands have also led the development of the successful funding bids for all additional aspects of the project.

The Final Business Case (FBC) and Deed with the Federal Government for the $44 m Eden Breakwater Wharf Extension Project includes the $2m contribution from the Bega Valley Shire Council.

Funding was then subsequently also achieved for the Safe Harbour aspect of the Eden Port project.

Council has not been privy to the Business Case development or the final Funding Deed between the State Government and the Federal Government or included in discussions relating to funding requirements.

Now that works have commenced on the project, NSW Crown Lands contacted Council in September 2017 to commence discussions about payment amounts and milestones through to the finalisation of the project.

As this project did not come out of an identified funding allocation Council will need to include allocations into its future financial plans for the remaining commitments.

The following table outlines the milestones from the project and expected completion dates as provided by Crown Lands.

NSW CROWN LANDS REQUESTED SCHEDULE:

Milestone

Milestone  / Information covered by the Milestone Report

Payment Amount

Milestone Completion Date

Status

1

Feasibility studies undertaken by Council and provided to the project

$500,000

2014

Paid

2

Evidence that dredging is 100% complete

$500,000

Dec-17

Outstanding

3

Evidence that 50% of the extension to the Breakwater Wharf is complete

$500,000

Dec-18

Outstanding

4

Evidence that 100% of the extension to the Breakwater Wharf is complete

$500,000

Jun-19

Outstanding

 

Council staff propose that the following allocations be provided to NSW Crown Lands as this schedule would be more achievable within Council’s long term financial plan in line with the 2013 resolution which redirected funding in the 2018/19 year.

COUNCIL SCHEDULE CONSISTENT WITH FUNDING ALLOCATION: 

Milestone

Milestone  / Information covered by the Milestone Report

Payment Amount

Milestone Completion Date

Status

1

Feasibility studies undertaken by Council in 2013 and provided to the project

$500,000

2013/14

Paid

2

Dredging complete and evidence that 50% of the extension to the Breakwater Wharf is complete

$500,000

Dec-18

Outstanding

3

Evidence that 100% of the extension to the Breakwater Wharf is complete

$500,000

Jul-19

Outstanding

4

Wharf operational and Cruise Ships utilisation commenced

$500,000

Date to be provided by Crown Lands

Outstanding

 

Issues

Legal /Policy

Council’s Resolution of July 2013 committed funding of $2 million to the project. Funds were found from general allocations to commit to the feasibility studies.  The request from NSW Crown Lands relates to the outstanding funding request of $1.5 million.

Financial and resource considerations

The original Resolution committed funding allocation from Council’s Long Term Financial Plan for the 2018/19 year. This schedule will now be referred to the current review of the Long Term Financial Plan for inclusion of the appropriate amounts.

Funding source

 

Amount

General Funds (re-allocation of infrastructure expenditure from 2018/19 year)

$

$2m

Note $500k already expended.

Conclusion

Council committed significantly to facilitating and driving the Eden Port Development Project from its inception. Council, by Resolution, committed funding to the project from a future year allocation. NSW Crown Lands have now advised a proposed payment schedule which Council staff have considered this within Council’s capacity to plan for and allocate the funding.

 

 

Attachments

Nil

 

Recommendation

That Council approve the proposed payment schedule for the Eden Port Project outlined in the following table

Milestone

Milestone  / Information covered by the Milestone Report

Payment Amount

Milestone Completion Date

Status

1

Feasibility studies undertaken by Council in 2013 and provided to the project

$500,000

2013/14

Paid

2

Dredging complete and evidence that 50% of the extension to the Breakwater Wharf is complete

$500,000

Dec-18

Outstanding

3

Evidence that 100% of the extension to the Breakwater Wharf is complete

$500,000

Jul-19

Outstanding

4

Wharf operational and Cruise Ships utilisation commenced

$500,000

Date to be provided by Crown Lands

Outstanding

 

and refer the funding amounts to the budget process for 2018/19 and the review of the Long Term Financial Plan.

 

 


Council 1 November 2017

Item 12.3

 

12.3. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from their meeting held on 4 October 2017.

 

Acting 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 4 October 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

Request for relocation/removal of Clark Lane Loading Zone.

That Council contact the owner of the building which has an awning encroaching onto the Clark Lane road reserve informing of the need to reduce the overhang of the awning.

Proposed ‘No Stopping’ zone at the eastern end of Clark Lane, Bega.

1.      Council approve the installation of a “No Stopping” zone along the northern side of Clark Lane extending 21 metres easterly from the end of the existing “Loading Zone” in Clark Lane.

2.      Council to inform the owner of the building with the encroaching awning of this action.

Tathra Mountain Bike Enduro– 9th and 10th June, 2018; and (alternative dates) 25th and 26th August, 2018.

1.      That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 9 June and Sunday, 10 June 2018 be approved. If the event is unable to proceed on Saturday, 9 June and Sunday, 10 June 2018, then Saturday, 25 August and Sunday, 26 August 2018 be approved as alternate dates for the event.

2.      That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3.      That the Traffic Control Plan is to reflect the following:

a)      All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

b)     Use of cycle track is not available for racing purposes, as it is set aside for casual users.

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

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

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

7.      That organisers have written approval prior to conducting the event from the following:

a)      NSW Police, under Section 115 of the Road Transport Act 2013;

b)     NSW National Parks and Wildlife Service; and

c)      NSW Department of Primary Industries, Crown Lands.

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

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

 


Council 1 November 2017

Item 12.4

 

12.4. RFT50/17 Detailed Design, Construct and Operate Landfill Gas Management System     

 

This Report details the tender process for detailed design, construction and operation of a landfill gas management system at the Central Waste Facility (CWF) and recommends award to the preferred tenderer.

 

Acting Director Transport and Utilities  

 

Background

Following assessment of options, development of a concept design and technical specification, Council invited Tenders for the Design, Construction, Operation and Maintenance of the CWF Landfill Gas Collection and Treatment System.

Provision of a landfill gas collection and flaring system reduces the environmental impact of methane, a potent greenhouse gas generated in anaerobic conditions in a landfill, by converting to carbon dioxide. The Tender was openly advertised on 29 August 2017.

The Tender closed at 12 noon on Wednesday 20 September 2017, at which time submissions from two tenderers were received.

The Tender required tenderers to submit a tender form, lump sum price breakdown and returnable schedules.

Issues

Legal /Policy

Provision of a landfill gas management system is a requirement of the CWF Development Consent.

The Tender process undertaken is consistent with Section 55 of the Local Government Act 1993.

Operational / Asset Management Plan

The proposed contract works incorporate detailed design, construction, operation and maintenance of the landfill gas collection and flaring system over Stages 1 to 3 of the landfill, plus a ten year maintenance period on all works.

The works form part of Council’s Waste Asset Management Plan and will be completed in stages over approximately 15 years (including maintenance period).

Environmental / Sustainability

The project has clear environmental benefits in terms of greenhouse gas abatement. The project is integrated with the design and construction of the landfill cap, which is a vital measure to reduce leachate generation at the site.

Community Engagement and/or Communications

Landfill gas management at the site was a topic of community consultation during the planning phase of the CWF.

Financial and resource considerations

Stage 1 landfill cap and landfill gas management system has been carried over from the 2016/2017 Financial Year Budget.

Conclusion

Design, construction, operation and maintenance of the CWF landfill gas collection and treatment system is an important environmental measure to reduce greenhouse gases produced from the landfill.

Public Tenders were called and submissions were received from two tenderers.

A Confidential Memorandum is attached in support of the Tender award to the preferred contractor.

 

Attachments

1.            Confidential memorandum to Councillors regarding RFT50/17 (Councillor Only) (Confidential)

 

Recommendation

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 50/17.

3.         The authority is delegated to the General Manager to execute all necessary documentation.

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

  

 


Council

1 November 2017

 

Staff Reports –  Governance And Strategy

 

1 November 2017

In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.  

13.1            Enterprise Risk Quarterly Report (July to September)....................................... 58


Council 1 November 2017

Item 13.1

 

13.1. Enterprise Risk Quarterly Report (July to September)     

 

The purpose of this Enterprise Risk Management (ERM) Quarterly report for the period July to September 2017 is to provide information to Council about the current organisational enterprise risks and public liability insurance claim activity during the reporting period.

 

Executive Manager Organisational Development and Governance  

 

 

Introduction

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

Corporate Risks Heat Map

A risk heat map is a tool used to present the results of a risk assessment process visually and in a meaningful and concise way. The following heat map and table summarises the twelve key risks identified in Council’s corporate risk radar:

 

#

RISK FACTOR

CONSEQUENCE

CE1

Environmental legislative breach

HIGH

CF1

Fraud & Corruption

HIGH

CHR1

Ageing Workforce

LOW

CHS1

Health of shire population

HIGH

CHS2

Public Safety

HIGH

CI2

Development, renewal and maintenance of infrastructure and assets

LOW

CO1

Staff attraction, retention and knowledge management

LOW

CO2

Business Continuity

MEDIUM

CO3

Organisational Culture

LOW

CO5

Tree Management

MEDIUM

CR2

Councils’ Service delivery fails to meet communities expectations

HIGH

CR3

Council fails to respond effectively to disaster event(s

EXTREME

Updated Corporate Risk Activities

The table below summarises, by exception, the updated/changed activities associated with each of the twelve identified corporate risks:

Risk Name

Status

Recent Activity

CF1 Fraud & Corruption

·   Council’s financial auditors (RSM) have undertaken some limited questioning of Fraud and Corruption Frameworks.

·   Fraud and Corruption SharePoint Page created as source of information for internal staff.

·   A review of ICAC’s investigation into a Fraud and Corruption incident at Botany Council was conducted by Councils Risk and Governance Coordinators. Case Study Botany Council training session delivered to Council's Managers Group

·   Assurance and Governance review by Prosperity was conducted in 2017 examining past actions accomplishment.

CR3 Council fails to respond effectively to disaster event(s)

·   Ignition prevention working group (consisting of Police, RFS. NPWS, Forestry and Council) has met to identify ways to collaborate and devise strategies to prevent bush fire arson during the 2017/18 fire season.

·   Executive Manager ODG has attended Initial Emergency Management training.

CHR1 Ageing Workforce

·    The Organisational Development Coordinator is developing an ageing workforce and pre-retirement workshop for the end of the year. This workshop will target staff who are 55 and older with the aim of explaining their options and promoting succession planning.

·    Additionally the EKAS system will be modified to include a question around retirement and succession planning to capture some data that can be used in planning and forward projections.

CI2 Development, renewal and maintenance of infrastructure and assets

·    Merimbula by-pass completed.

·    Eden transfer station project of renewal complete.

·    CWF storm water dam complete.

·    Planning is underway for Tathra to Kalaru Bike Track and Lake Street Merimbula Shared Pathway.

Conclusion

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

 

Attachments

1.            November risk report (Councillor Only) (Confidential)

 

Recommendation

That Council note the quarterly report specifically the updated information relating to the corporate risk register and activities aimed at improving risk management systems.

   

 


Council

1 November 2017

 

Staff Reports –  Finance

 

1 November 2017

In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.

14.1            Investment Report - September 2017................................................................. 62


Council 1 November 2017

Item 14.1

 

14.1. Investment Report - September 2017     

 

This report details Council’s investments at the end of September 2017.

 

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 Directorate 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.

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.

Financial and resource considerations

The attached report indicates a current investment portfolio of $64,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

July 2017

August 2017

September 2017

General Fund

$14,128

$16,334

$23,330

Water Fund

$15,737

$14,167

$13,830

Sewer Fund

$27,035

$29,399

$27,740

Total

$56,900

$59,900

$64,900

 

·     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

Total

General Fund

$13,154

$10,176

$23,330

Water Fund

$ 3,865

$  9,965

$13,830

Sewer Fund

$ 4,436

$23,304

$27,740

Total

$21,455

$43,445

$64,900

The restrictions reported in Table 2 relate to 30 September 2017.

The previous restrictions are subject to change following the final audit review of the financial statements for the year ended 30 June 2017.

 

 

Attachments

1.            Investment Report - September 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

1 November 2017

Item 14.1 - Attachment 1

Investment Report - September 2017

 

  


Council

1 November 2017

 

 

Rescission/alteration Motions

 

01 November 2017

 

17.1            Beach Lifeguard Services Tender RFT 55/17  - Item 10.1 Council Meeting 11/10/2017           66


Council 1 November 2017

Item 17.1

 

17.1. Cr Tony Allen - Beach Lifeguard Services Tender RFT 55/17  - Item 10.1 Council Meeting 11/10/2017            

 

Background

Due to lack of clarity around wording and intent in the final Resolution adopted for Item 10.1 of the meeting of 11 October 2017 Beach Lifeguard Services Tender RFT 55/17, it is proposed to rescind the Motion and present an alternate Motion for consideration.

Cr Tony Allen

 

Attachments

Nil

 

Notice of Motion

Rescission:

That Council rescind its Motion from the meeting of  11 October 2017 item 10.1 Beach Lifeguard Services Tender RFT 55/17 :

1.    That Council note the report.

2.    That Council accept the ALS tender price and identify additional related sources of funding to cover the shortfalls identified in the table above.

3.    That Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service) be acknowledged as the preferred tenderer for RFT 55/17 Provision of Beach Lifeguard Services

4.    That Council work with the Tathra Chamber of Commerce to source additional funding required to meet shortfalls as outline in the report (funding sources).

5.    That Council write to The Hon Andrew Constance, Member for Bega with the support of the relevant Chambers of Commerce and Tourism bodies in those areas, requesting for support for Council’s funding application to the Water Safety Fund.

Notice of Motion

1       That Council note the report.

2.      That Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service) be acknowledged as the preferred tenderer for RFT 55/17 Provision of Beach Lifeguard Services.

3.      That no tender be accepted and delegated authority be given to the General Manager to negotiate directly with the preferred tenderer to reduce services to meet the available funding allocation for the contracted period.

4.      That Council recognise the contribution of the Tathra Chamber of Commerce and work with them to source additional funding required to meet shortfalls as outline in the report (funding sources).

5.      That Council write to The Hon Andrew Constance, Member for Bega and the relevant Minister with the support of the relevant Chambers of Commerce and Tourism bodies in those areas, requesting for support for Council’s funding application to the Water Safety Fund for expanded services as applied for.

           


Council

1 November 2017

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

21.1    RFT 13/17 Sale of 142-144 Imlay Street Eden (the former Hotel Australasia)

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.