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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, 1 November 2017 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
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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, 1 November 2017 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.
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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 |
1 November 2017 |
Recommendation
That the Minutes of the Ordinary Meeting held on 11 October 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 Deputation requests Fluoridation of Water Supply.................................................................... 9
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
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
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
Nil Reports
In accordance with the resolution of Council 20 September, 2017, this section of the agenda will be chaired by the Mayor.
Nil Reports
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
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
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
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.
17.1 Beach Lifeguard Services Tender RFT 55/17 - Item 10.1 Council Meeting 11/10/2017 66
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.
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Council |
1 November 2017 |
Deputations (by prior arrangement)
01 November 2017
4.1 Deputation requests Fluoridation of Water Supply............................................... 9
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Council 1 November 2017 |
Item 4.1 |
Listing requests to address Council regarding fluoridation of water supply.
General Manager
Requests to address Council regarding proposed fluoridation of water supply have been received from the following persons:
Ms Connie Crawford
Mr David Stern
Nil
Council |
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
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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
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Applicant |
Mitchell Nadin C/-BD Design |
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Owner |
George Scott Pty Ltd |
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Site |
Lot 3 DP 39004 - 60 Main Street, Merimbula |
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Zone |
B2 Local Centre |
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Site area |
752.5m² |
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Proposed development |
Additions to Pub (Dulcie's Cottage) for the purpose of dry/cool storage and kitchen preparation area |
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.
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.
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).
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.
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.
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.
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.
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.
1. Attachment 1 - Development Plans
2. Attachment 2 - Locality Plan
3. Attachment 3 - Draft Development Consent
Council |
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
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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
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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. |
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Council |
1 November 2017 |
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Item 12.1 - Attachment 1 |
Email response from NSW Health regarding items raised during Deputations made at the Council Meeting on 20 September 2017 |
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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:
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Milestone |
Milestone / Information covered by the Milestone Report |
Payment Amount |
Milestone Completion Date |
Status |
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1 |
Feasibility studies undertaken by Council and provided to the project |
$500,000 |
2014 |
Paid |
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2 |
Evidence that dredging is 100% complete |
$500,000 |
Dec-17 |
Outstanding |
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3 |
Evidence that 50% of the extension to the Breakwater Wharf is complete |
$500,000 |
Dec-18 |
Outstanding |
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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:
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Milestone |
Milestone / Information covered by the Milestone Report |
Payment Amount |
Milestone Completion Date |
Status |
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1 |
Feasibility studies undertaken by Council in 2013 and provided to the project |
$500,000 |
2013/14 |
Paid |
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2 |
Dredging complete and evidence that 50% of the extension to the Breakwater Wharf is complete |
$500,000 |
Dec-18 |
Outstanding |
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3 |
Evidence that 100% of the extension to the Breakwater Wharf is complete |
$500,000 |
Jul-19 |
Outstanding |
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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.
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Funding source |
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Amount |
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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
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That Council approve the proposed payment schedule for the Eden Port Project outlined in the following table
and refer the funding amounts to the budget process for 2018/19 and the review of the Long Term Financial Plan.
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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
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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. |
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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)
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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 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 |
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
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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)
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That Council note the quarterly report specifically the updated information relating to the corporate risk register and activities aimed at improving risk management systems. |
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Council |
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
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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.
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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
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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. |
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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
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Council 1 November 2017 |
Item 17.1 |
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
Nil
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Council |
1 November 2017 |
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.
RecommendationThat 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.
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