Agenda of Council - 29 November 2017

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

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

· Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

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

29 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 and Closed session held on 22 November 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)

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 Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow 9

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.

10.1 Barclay Street Sports Complex committee nominations.......................................................... 16

10.2 Grave Excavation, Maintenance and Related Services RFT 79/17......................................... 19

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 Draft NSW Future Transport Strategy 2056 and associated draft plans are out for public comment 24

12.2 Expanding the Merimbula sewerage system for DA 2016.78.1............................................. 44

12.3 Acquisition of easements for Bermagui Sewage Treatment Plant......................................... 48

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 2017 Policy Review........................................................................................................................ 68

13.2 Quartery Report: Major Projects and update on Operational Plan impacts and delays due to restructure 77

13.3 Draft of Reviewed Code of Conduct for Councils in NSW....................................................... 82

13.4 Status of Actions from Council Resolutions................................................................................ 87

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 Quarterly Budget Review Statement ....................................................................................... 126

14.2 Investment Report October 2017............................................................................................. 153

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

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......................... 156

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) (d) of the Local Government act 1993 as 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 29 November 2017

Item 9.1

9.1. Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow

Council is in receipt of Development Application No 2017.445 seeking approval for a recreational flight school at Lot 1 DP 109606; 1070 Princes Highway Frogs Hollow. This report is for Council’s information.

Acting Director Planning and Environment

Background

The proposal has been lodged by Norm Boyle Consulting Services on behalf of Sports Aviation Flight College Australia.

The applicant seeks to establish a recreational flight school at the subject site, inclusive of the following elements:

· Main building x 1

· Workshop buildings x 2

· Hangar buildings x 20

· Single storey squadron compounds x 10 (comprised of 3 x 12 room student accommodation buildings, 3 x classrooms, 1 x communal area, 1 x laundry building and 1 x utility area)

· Offices

· Retail premises

· Staff accommodation

· Single storey carpark building

· Roads

· Bridge

· Water Storage Tanks

· Fuel Storage Tanks

· Sewerage treatment plant

The elements are proposed to be constructed in stages, outlined below:

Stage 1: 2 x squadron compounds, main building and carpark, 2 x hangars, 2 x workshops, underground walkway, bitumen sealed access and internal roads including upgraded intersection to Princes Highway, new bridge at location of existing causeway, water and fuel storage tanks, and sewerage treatment plants to service the two squadron compounds and workshops.

Stages 2-9: the balance of the proposed development (further stage details not provided in plans).

The proponent intends to provide packages to students inclusive of accommodation, meals, tuition and flight training. It is intended the flight school will cater to the growing recreational aviation sector in China through the provision of 12 week recreational flying courses.

At full operation, the school is proposed to cater for 360 students per 12 week period, with approximately 201 full time equivalent staff and up to 40 aircraft onsite.

Hours of operation for the flight school (flying component) are proposed to be during daylight hours only. The hours detailed in the noise assessment report are 7am to 6pm Monday to Saturday and 8am to 6pm Sunday and public holidays. The students will be in residence up to 24 hours a day.

Further information obtained from the proponent on 15 November 2017 clarifies the following in relation to the course structure:

1. The students undertake 400 plus hours of ground base classroom studies and on average 30 hours of flight training (also refer to fifth response below). Average because some students will complete the flight training tests around the minimum hours required by Recreational Aviation Australia (Governing Body) and other students will not. The minimum flight training hours set by RAA in the Flight Training and the Operation Manual is less than our suggested 30 hour average.

2. Flight Training is undertaken at airfields and airports all over Australia on weekends and Public Holidays because that is predominantly when students are available.

The Flight College proposes to conduct the flight training component of the student's course Monday to Friday with limited remedial training provided on Saturday. Sundays are allocated generally for student social/community days. There is a bus for each group of 12 students and an employee of the College, a Squadron leader, takes the students out on the social days and mid-week evenings for other activities.

3. Stage one (1) of the Development requires 8 active training aircraft. When fully operational, stage nine (9), 5th year - there will be 40 active training aircraft. The training conducted in these aircraft would be spread out across the training area between Adaminaby to the West, Moruya to the North and Mallacoota to the South, generally not limited to the immediate area around Frogs Hollow airfield.

4. Circuit Training is only one discipline. Most of the flight training would be conducted in the designated training area outlined above. These lessons therefore only require a single take-off and a single landing. Students on average will be required to do 80 dedicated training circuits to perfect take-off and landing techniques. In addition to circuit training at Frogs Hollow, circuit training by agreement with other airfields and airports will be conducted at Adaminaby, Polo Flat, Cooma, Moruya, Merimbula, Bombala & Mallacoota. It is proposed that circuit training conducted at Frogs Hollow will mostly use the 36 and 27 circuit patterns.

5. On average, each student will do Flight Training for two (2) hours per day for fifteen (15) of the eighty eight (88) days they are on Campus. It is proposed that there will be no Flight Training between the 15th December and the 15th February each year.

This further information was added to Council’s Development Application Tracker on 16 November 2017.

Issues

Policy

Environmental Planning and Assessment Act 1979

Development Consent is sought under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The proposal is defined as an air transport facility, has a capital investment value of $10,450,000 and therefore under Schedule 4A, Clause 6 Private Infrastructure and Community Facilities over $5 million of the EP&A Act, requires the Southern Region Joint Regional Planning Panel (JRPP) to act as the determining authority.

Council officers will assess the application under Section 79C of the EP&A Act and provide recommendations to the JRPP in accordance with this assessment.

Environmental Planning and Assessment Regulation 2000

In accordance with the Regulation, the application was advertised in the Bega District News on Friday 10 November 2017 and in the Merimbula News Weekly on Wednesday 15 November 2017. The advertisements invited public inspection of the proposal and comments for a period of 21 days up to 6 December 2017.

The application was also notified by mail to all property owners and occupants within a 2.5km radius from the subject site.

Bega Valley Local Environmental Plan 2013

The site is zoned SP2 Infrastructure for the purposes of an air transport facility, and therefore an air transport facility (encompassing the sub-definitions of airport and heliport) is permitted with consent.

SEPP (Infrastructure) 2007

Under the provisions of Division 1, Clause 23 of the SEPP, the proposed retail, business, residential and industrial uses ancillary to the proposed airport are permitted with consent.

Under the provisions of Division 18, Clause 6 of the SEPP, a sewerage treatment plant is permitted with consent within the SP2 zone.

Further Information

The full documentation provided to Council for this Development Application can be found on Council’s website by clicking on the link “Have Your Say” (top right corner) or on the Development Application Tracker by entering the year (2017) and the Development Application number (445).

Public access computers are available for use at the Bega, Eden, Bermagui and Tura Marrang Libraries.

Hard copies of the lodged documentation are available for inspection at Council’s Administration Building at Zingel Place, Bega and also at the Tura Marrang Library.

Submissions

The Development Application is on exhibition until 6 December 2017.

Conclusion

This report is to provide for the information of Councillors.

Attachments

1 ⇩. Attachment for Council Report 29-11-2017: Development Plan Showing Proposed Infrastructure Stages 1-9

Recommendation

That Council note the report.

Council 29 November 2017

Item 10.1

10.1. Barclay Street Sports Complex committee nominations

Nominations for positions on Council’s Barclay Street Sports Complex Committee are presented for Council endorsement.

Director Community, Relations and Leisure

Background

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator or spectator.

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking, development of friendships and can improve social skills.

There are currently 15 sportsground sites managed by Council across the Shire, with volunteer committees in place at many sites and working in partnership with Council.

Council welcomes the participation of volunteers in the care, maintenance and management of the sportsgrounds. The willingness of local people to donate their time and energy is a determining factor in Council’s capacity to deliver the range and quality of facilities that are enjoyed by the broader community.

Council’s adopted framework is based on two levels of committees – the General Sportsgrounds Committee and Community Sportsground Committees for individual sportsground sites. Council’s General Sportsgrounds Committee is constituted under Section 355 (S355) of the Local Government Act 1993 (NSW) (the Act).

The S355 General Sportsgrounds Committee provides input to Council on the operation, management and maintenance of sportsgrounds across the Shire. The General Sportsground Committee Guidelines which was adopted by Council in December 2014, states that nominations for all Community Sportsground Committees are sought in line with Council elections every four years for appointment by the incoming Council. The committees at Council’s ‘Regional’ and ‘District’ level facilities then nominate delegates to represent them on the S355 General Sportsgrounds Committee.

Nominations were called in late 2016 for people interested in membership of the various Community Sportsground Committees. Each committee requires a minimum of five (5) and maximum of twelve (12) community members to function.

At that stage there weren’t sufficient nominations to form a committee at Barclay Street. Council officers have worked with the various user groups and a committee has now been formed.

Details of the nominees received are provided to Councillors in the Confidential attachment.

Issues

Legal /Policy

Under the Act at S355 (b) Council can exercise its functions by a Committee of Council. Such committees need not be committees established under clause 260 of the Local Government (General) Regulation 2005. If so Part 10 of the Regulation does not apply to the committees. The members of such committees may therefore be wholly comprised of persons who are not officers or Councillors of the Council.

Section 377(1) of the Act permits the Council to delegate its functions to such a body and provides the Council may do so conditionally. As a result, it is usual for a Council who is delegating functions to a committee to do so in accordance with a ‘Constitution’ which prescribes the manner in which the committee must operate in order to exercise its functions. The relevant Committee Guidelines for Council Committees form this Constitution.

The roles and responsibilities of the S355 General Sportsgrounds Committee and the individual Community Sportsground Committees are outlined in the S355 General Sportsground Committee Guidelines and the Sportsground Committee Operations Manual previously adopted by Council.

Strategic

Community Strategic Plan goals

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable and services and facilities meet community need.

Operational / Asset Management Plan

The individual sportsground committees play an important role in managing and maintaining the sites across the Shire. Without the involvement of these committed volunteers, Council would require additional resources to operate these facilities and maintain them to a standard that meets community expectations.

Facility Management Plans (adopted by Council) are in place for six sportsgrounds across the Shire. These were developed in consultation with the individual committees and various user groups and stakeholders and they continue to be a key reference point for the management of these facilities by Council and committee members.

Social / Cultural

Council supports over 350 volunteers, many of whom are involved in sportsgrounds as committee members and/or volunteers.

These volunteers and the individual site committees play a key role in meeting the following objectives:

· Encouraging community health and wellbeing through opportunities to participate in sports and recreational activities;

· Providing community facilities that are accessible to all community members;

· Providing sportsgrounds that offer the best possible ‘fit-for-purpose’ facilities; and

· Increasing the multi-use potential of sporting and ancillary facilities to see sites are adaptable and well used into the future.

Community Engagement and/or Communications

In preparation of the call for nominations, discussion around the process of nomination to committees occurred at the General Sportsground Management Committee meeting.

Each individual committee was contacted to request members to re-nominate, followed by numerous emails, phone calls and Shire-wide advertising via newspapers, Council’s website and Village Newsletters, posters and social media.

Officers had follow up meetings with the user groups at Barclay Street.

Financial and resource considerations

There is no direct financial impact from this appointment process.

The nomination process and subsequent induction and training for successful nominees are conducted by Council’s Community Development team. Officers will provide ongoing support for committee members to carry out their delegations.

Risk

The impact of not supporting and growing the community committees has the potential to impact the Council’s budget; as Council officers will be required to undertake more management and maintenance tasks.

Conclusion

In total, over 60 individual nominations to Council’s Community Sportsground Committees have been received. This reinforces the commitment from a broad cross section of the community to supporting these valuable assets.

Attachments

1 . Barclay Street Committee Nominations (Councillor Only) (Confidential)

Recommendation

1. That the report be noted.

2. That nominees to Council’s Barclay Street Sports Complex committee listed in the Confidential attachment be appointed [insert names].

Council 29 November 2017

Item 10.2

10.2. Grave Excavation, Maintenance and Related Services RFT 79/17

This report provides information and recommendations for the tender Request For Tender (RFT) 79/17 Provision of Grave Excavation, Maintenance and Related Services.

Director Community, Relations and Leisure

Background

Bega Valley Shire Council operates 14 Cemeteries across the Shire. For the purpose of this RFT the sites were split into two regions – North and South. Tenderers were given the opportunity to tender for one or both of these regions.

Works required under the tender included the excavation of single, double and in some cases triple depth graves and the closing of these gravesites after the commemorative service has been held, the interment of ashes in niche walls, memorial gardens and existing grave sites and the placement of plaques generally for those ash interments or lawn cemetery marking and other works as requested by Council officers.

Across the 14 cemeteries the below listed services on average are anticipated to be required on an annual basis, although the level of service may fluctuate:

· Burials – 120

· Shored Burials – 20

· Ash Interments – 40

· Plaque placement – 50

Tenderers were asked to demonstrate their capacity to be available 7 days a week 52 weeks a year, including weekend work and public holidays.

Grave excavation is a specialised field that requires specific skills and a level of knowledge of the funeral industry along with the ability to relate and empathise with bereaved people. In some cases the contractor will be required to liaise directly with family members on site.

All equipment is to be supplied by the contractor, including but not limited to: all plant; signage; shoring equipment; limestone/disinfectant; and safety covers.

Due to the nature of this work, Council is unable to deliver this service in-house as Council’s Transport and Utilities Directorate's Works team is focusing on planned maintenance, and the majority of the reactive maintenance is being contracted out. This specific type of work due to its reactive nature would be better suited to being delivered by an external contractor.

The tender documentation RFT 79/17 – Grave Excavation, Maintenance and Related Services was publicly advertised on Tuesday 12 September 2017, and closed on Wednesday 11 October 2017. One submission was received.

Issues

Legal /Policy

The Local Government Act 1993 and Local Government (General) Regulations 2005 applies in relation to the transparent and effective management of the procurement of services and assets by Council.

Tenderers are to adhere to the Work Health and Safety Act 2011 (WHS Act), the Cemeteries and Crematoria Act 2013 and the Public Health Regulation 2012 – Part 8 Disposal of Bodies.

Due to the nature and community importance of this service, a Request for Tender was required in order to advertise and identify a suitable service provider for RFT 79/17 Grave Excavation, Maintenance and Related Services. In accordance with Council's financial delegations the tender is reported to Council for determination.

Operational / Asset Management Plan

All works will be carried out in line with the Cemetery Asset Management Plan and all Council's Policy and Procedure associated with excavation and cemetery management.

Social / Cultural

Grave excavation and related maintenance is an important and essential service to the Bega Valley Shire, being part of the overall funeral process, enabling families to lay their loved ones to rest in a dignified manner. It is Council’s responsibility to ensure this service is carried out with the utmost respect and care now and into the future.

Community Engagement and/or Communications

The Section 355 Cemetery Advisory Committee was notified of the tender process.

This tender was publicly advertised through Council’s online tender portal.

Financial and resource considerations

The prices submitted by the only tenderer far exceed the current budget with some of these costs being passed on to the customer, this means the tenderer would increase fees by $150 - $500 per service. This service is self-funded through fees and charges with no input from other Council/non-Council sources.

Funding source		Amount
Fees and Charges	$	405,450

Risk

There are potential risks to the contractor in carrying out works associated with this service, the tenderer must follow all WHS Act and Regulations and work in-line with SafeWork NSW's Excavation Work Code of Practice 2015. Contractors are to place signage at the entrance of the cemetery during excavation works and ensure the area surrounding the grave is left secure for the Funeral Director.

There are potential reputational risks involving issues like: works not being carried out to a high standard; within expected timeframes; or the contractor does not conduct themselves in a manner that aligns with Council values.

Options

Option 1 – Accept the tender and raise fees.

· This has the potential to cause hardship to the some members of our community through the increase in prices and potential increase request for fees and charges waivers or reductions.

Option 2 – Use in-house employees.

· There is limited capacity to utilise existing internal Council resources and machinery, as this option would require a significant upfront investment and increase in staffing levels to undertake the role across a wide geographic area.

Option 3 – Retender

· Retendering is a possible way forward, but may alienate the existing tenderer. Given the tender was advertised widely and through the tender portal, it is unclear if there would be any new players come forward in what is a specialised field of service.

Option 4 – Do not accept the tender and delegated authority be given to the General Manager to negotiate directly with the preferred tenderer.

· This option also has some risk associated with finding a suitable and workable outcome, but is permissible under the Local Government Regulations as they apply to tendering, and is a good first step before considering retendering.

Conclusion

The tender submission from the only tenderer was strong and demonstrated the capability, experience and knowledge required to deliver the services outlined in the tender document although, some per service rates exceed the current rates and are above general CPI increases. Consequently, Council officers sought advice internally from the Works team on costing and availability to carry out these works; this is not at the current time a viable option due to staffing, equipment and resource restraints.

Attachments

1. 2017.11.29 Confidential Memorandum RFT 79 17 Grave Excavation Maintenance and Related Services (Councillor Only) (Confidential)

2 . Tenderer 2017 18 price list confidential (Councillor Only) (Confidential)

3 . Tenderer 2018 19 price list confidential (Councillor Only) (Confidential)

4 . Tenderer explanation of fee increase confidential (Councillor Only) (Confidential)

Recommendation

1. That Council note the report.

2. That the recommendations from the Confidential Memorandum are adopted.

3. That [insert tenderer] be acknowledged as the preferred tenderer for RFT 79/17 Grave Excavation, Maintenance and Related Services.

4. That no tender be accepted and authority delegated to the General Manager to negotiate directly with the preferred tenderer to reduce service cost in line with current rates and community expectation, or explore the creation of an in-house team if agreement on fees cannot be reached.

Council 29 November 2017

Item 12.1

12.1. Draft NSW Future Transport Strategy 2056 and associated draft plans are out for public comment

The draft NSW Future Transport Strategy 2056 and supporting Regional NSW Services and Infrastructure Plan and Tourism and Transport Plan documents are open for comment. The draft Future Transport Strategy 2056 is a vision for how transport can support growth and the economy of New South Wales over the next 40 years. This report outlines the comments Council proposes to submit.

Acting Director Transport and Utilities

Background

The draft NSW Future Transport Strategy 2056 and supporting plans including the Regional NSW Services and Infrastructure Plan and Tourism and Transport Plan are open for comment.

The draft NSW Road Safety Plan 2021, which is also a supporting plan to the NSW Future Transport Strategy 2056, was placed on exhibition earlier this year, with the submission period now closed. Council did not make a submission on the draft Road Safety Plan 2021, as the document largely contains statistical information and information also covered in the NSW Future Transport Strategy 2056 and Regional NSW Services and Infrastructure Plan.

As part of the community engagement for the NSW Future Transport Strategy 2056, representatives from Council met with State Government officers to provide extensive feedback during a two hour session, including key issues relating to the safe system framework. In addition, the documents have been reviewed with detailed comments identified. The comments below relate to the draft Regional NSW Services and Infrastructure Plan, which addresses issues also identified in the draft NSW Future Transport Strategy 2056. That is to say, the same issues are covered in both documents, as well as the previously exhibited Road Safety Plan 2021.

General Observations

The key deficiencies throughout the documents are:

· East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway;

· Addressing pinch points in the road network through the Bega Valley for both passengers and freight including the Brogo River Bridge on the Princes Highway;

· Providing improvements to the connection south into Victoria from Bega Valley and lack of recognition of the Sydney Melbourne Coastal Drive; and

· Planning for future transport development to and from the Port of Eden.

The East-West link and Eden Port connectivity are identified in Strategy 25 of the Community Strategic Plan 2040 (CSP). The NSW Government’s 'Movement and Place' planning framework is supported and aligns with Council’s CSP Outcome 5, ‘Connected Communities’. To move towards a ‘Movement and Place’ approach will require a change in methodologies throughout the agencies, especially with Local Government as the interface.

This approach widens the focus beyond just the ‘kerb line of a road’ to look at what purpose the road serves and that adjacent land use is critical in how the transport future evolves. Council encourages the State to ensure that the standards and thresholds are reviewed immediately, e.g. pedestrian crossing implementation thresholds.

Any future transport strategy must consider the implication of parking management as a significant contributor and influencer of every journey. The NSW Regional Infrastructure and Services Plan makes mention of parking management briefly on page 100. It is considered that this needs greater focus and should appear more frequently and earlier in the document.

In line with the safe system approach to road safety the State must resist increasing speed limits and should consider reducing speed limits.

Finally, the draft Bega Valley Transport Futures (Attachment 1) is a future transport vision for Council to improve quality of service, support economic growth, and regional development in a sustainable, liveable, safe, and secure way. The Transport Futures vision is intended to complement the NSW Regional Infrastructure and Services Plan in supporting liveable communities and a productive economy in Bega Valley Shire.

Specific Comments

Regional NSW Infrastructure and Services Plan

The following detailed comments on the draft Regional NSW Infrastructure and Services Plan are listed by page number and corresponding comments.

Page 8

· ‘Planning for a safe, efficient and reliable transport network requires an integrated whole-of-government approach’: This approach is critical and to be successful it requires removing current 'roadblocks' to achieve this outcome. The example would be the introduction of pedestrian facilities or speed limit changes; and

· The role of Local Traffic Committees needs to be reviewed.

Page 9

· ‘Figure 4: Regional NSW transport network’ legend has two symbols stating 'Regional transport hubs'. It is assumed with the two symbols they represent different network considerations, however, the descriptions are identical. This issue is repeated throughout this document and the Draft Future Transport Strategy 2056.

Page 11

· Do the colour graduations in ‘Figure 5: Initiatives to support the customer outcomes’ have any significance? This is repeated throughout the document in various figures;

· Second bullet point: 'Movement and Place' must make mention of parking management;

· Third bullet point: Customers in isolation is an issue for Council as the seasonal variations within the key tourists locations creates transport issues; and

· Fifth bullet point: Council is supportive of 'place-based transport plans' and would welcome the opportunity to undertake one immediately for Merimbula with a funding allocation to 'road test' the strategies outlined in this document.

Page 12

· 'Movement and Place' considerations are not just for regional cities. They should be applied throughout the transport network. ‘Figure 6: Movement and Place Framework for Regional Cities (Illustrative only)’ is difficult to read.

Page 16

· The second bullet point under 'Connecting the regions' describes air travel becomes. The sentence is incomplete; and

· Improved connectivity and more efficient connections for centres are supported.

Page 19

· Parking management must be included with any multimodal corridor planning; and

· The process highlighted that there is far less data available to understand expected future regional travail patterns. It is suggested that funding be allocated for data collection. This could be done through Local Governments_.

Page 20 - State Wide initiatives for investigation

· ‘Mobility as a Service (MaaS)’ is not clearly understood by the wider community and requires more description. For regional areas this could be more problematic;

· ‘Implement road network planning and development strategies that include road safe principles for all users to support the achievement of NSW Government road safety targets and long-term vision’ will require a massive shift in organisation approaches. Implementation outcomes need to be clearly articulated. The example that would reduce crashes by nearly 50% involves the use of red light arrows on every phase of every four way signalised intersection;

· ‘Re-focus asset management to adopt a whole-of-life approach’ must consider disposal as a key element. Community expectations are significantly linked to a historical lack of disposal as an option; and

· Planning for connections to the inland rail need to be considered, this includes long term possibilities such as a connection to the Port of Eden.

Page 22 – State-Wide - infrastructure initiatives

· ‘Corridor improvements to deliver greater journey time savings and road safety outcomes’ are supported. In line with the safe system approach to road safety the State must resist increasing speed limits and should consider reducing speed limits;

· The road safety program proposals are completely supported. To deliver these initiatives at a local level Local Governments must coincide with the provision of funding support;

· East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway; and

· Addressing pinch points in the road network for both passengers and freight needs to include the Brogo River Bridge on the Princes Highway.

Page 23

· The ‘Princes Highway upgrade to 4 lanes and town bypasses’ needs clarification. Council would argue it needs to be the full length of the long term planning.

Page 24

· ‘Figure 13: Initiatives committed (0-10 years)’ is difficult to read and needs to be explained in more detail;

· It appears that the map shows Dignams Creek bridge upgrade near Cooma; and

· The main deficiency is that there is no connection south into Victoria.

Page 25 - Regional Highlights

· First bullet point: The ‘Construction of Inland Rail’ is too be applauded; and

· Third bullet point: ‘east-west connections’ list includes Snowy Mountains Highway, but needs clarification that this is the upgrade of Brown Mountain.

Page 27 - Initiatives for investigation for potential commitment (10-20 years)

· ‘Corridor protection for higher speed connections’ is supported however, in line with the safe system approach to road safety the State must resist increasing speed limits and should consider reducing speed limits and separating users such as the wider centreline treatments and removing four way intersections;

· The list should include the Snowy Mountains Highway upgrade of Brown Mountain;

· Upgrades of the connection south to Victoria are critical to the economic development of the South Coast;

· Planning of connections to the inland rail is considered critical in the 10-20 years, even if construction is not within the life of the strategy document; and

· Connections of gas and rail to Eden Port need to be investigated in the planning stages within the first 10-20 years of the strategy document.

Page 28

· Snowy Mountains Highway needs clarification that this is the upgrade of Brown Mountain and the connection to the south into Victoria needs to be shown on ‘Figure 15: Initiatives for investigation for potential commitment (10-20 years)’.

Page 29 - Visionary initiatives for investigation for potential commitment (20+ years)

· Visionary considerations should include those items that may not eventuate however still need to be explored such as a rail connection to the Eden Port; another example is a driverless corridor;

· ‘Higher Speed Connections’ are supported however, in line with the safe system approach to road safety the State must resist increasing speed limits and should consider reducing speed limits and separating users such as the wider centreline treatments and removing four way intersections; and

· The list should include the Snowy Mountains Highway upgrade of Brown Mountain.

Page 30

· Parking management needs to be included within a whole of network and whole of Government approach and aligns with a smart city;

· Local road management must also consider the separation of users and the State should clearly identify how this can be achieved, such as the use of red arrows at signals on every phase. By not identifying the difficult changes to occur, the risk will be a continuation of current practices; and

· ‘Asset renewal and maintenance’ must include disposal as part of the whole of life considerations.

Page 41 - South East and Tablelands initiatives for investigation

· ‘Corridor protection for Higher Speed Connections’ are supported however, in line with the safe system approach to road safety the State must resist increasing speed limits and should consider reducing speed limits and separating users such as the wider centreline treatments and removing four way intersections;

· Brogo River Bridge upgrade should be included as part of pinch point reductions on the Princes Highway to improve freight connections;

· Snowy Mountains Highway upgrade of Brown Mountain must be included to improve freight connections;

· Connections to the Eden Port need to be included for investigation; and

· These need to be reflected on ‘Figure 22: South East and Tablelands initiatives for investigation’ (Page 42).

Page 79 - Customer Outcome 2: A transport system which is resilient to significant weather events

· It is important to consider the redundancy in the network, not just in extreme events. There are many parts of the network that are severed or impeded with small weather events. These locations should be considered in such a long term strategy document.

Page 86 - Customer Outcome 4: A transport system that adapts to and embraces new technology

· The list seems city centric. Technology can be introduced through the whole region, right to the small villages.

Page 99 - Customer Outcome 6: The appropriate movement and place balance is established enabling people and goods to move efficiently through the network whilst ensuring local access and vibrant places

· Parking management is supported as it forms 2/3 of every trip made on the network;

· Support for Local Government to implement the principles of 'movement and place' with respect to policy, standards support and funding through appropriate sources; and

· It is suggested that the issues for regional centres are similar if not the same for regional cities. Furthermore, they should be filtered all the way down to the local towns.

Page 102 – Local Towns

· Local towns are particularly sensitive to seasonal variation impacts; and

· Parking management needs to be included from cities to regional centres to local towns.

Draft Tourism and Transport Plan – Supporting the Visitor Economy

General comments on the Draft Tourism and Transport Plan include:

· Support for the focus on cruise;

· Support for nature based tourism and linking this to the development of the Sydney Melbourne Coastal Drive;

· Supporting improved connections to national parks from key visitor gateways such as regional airports and cruise terminals;

· Feedback on Figure 41 on page 57 should include Bega to Canberra particularly as it relates to road and air travel;

· Support for the key directions to continue to improve and upgrade regional airport facilities and connect public transport with airports;

· On page 58 the ‘Initiatives to investigate (0-10 years)’ should include building the relationship between Merimbula and Canberra airport to link to the new international services;

· Comments on page 59 relating to the Eden Port are supported and the work currently underway is included. Key to future development will be the linking to public transport and links to Merimbula Airport;

· The focus on page 63 relating to ‘Promoting regional bicycle tourism’ is a key focus locally and is supported and the current funding programs should be extended; and

· Creating and supporting the development of more accessible tourism in transport networks.

Attachments

1 ⇩. Bega Valley Shire Transport Vision (Working Draft)

Recommendation

1. That Council respond to the draft NSW Future Transport 2056 and supporting plans with the comments outlined in this report.

2. That Council write to the NSW State Government advising that the key deficiencies in the draft Regional NSW Services and Infrastructure Plan and NSW Future Transport 2056 are:

a) East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway;

b) Addressing pinch points in the road network through the Bega Valley for both passengers and freight including the Brogo River Bridge on the Princes Highway;

c) Providing improvements to the connection south into Victoria from Bega Valley and recognition and development of the Sydney Melbourne Coastal Drive; and

d) Planning for future transport development to and from the Port of Eden.

3. That the comments relating to the Tourism and Transport Plan also be submitted.

Council 29 November 2017

Item 12.2

12.2. Expanding the Merimbula sewerage system for DA 2016.78.1

This report provides an update to Council regarding matters related to developer requests for approval for development of a sewerage system and access to Council’s system at Merimbula as part of Development Application 2016.78.1.

Acting Director Transport and Utilities

Background

Purpose of the Development Servicing Plan (DSP) area

The DSP protects our existing customers’ development rights and provides for an orderly extension of infrastructure to cater for anticipated growth. DSPs define areas which we are sure we can provide water and sewerage services to. They are areas for which standard Section 64 contributions are likely to cover the infrastructure costs of anticipated growth.

Areas located outside the DSP boundaries are often able to be serviced however they typically require major upgrades to avoid system failure. In the case of sewer, a system failure is a raw sewage spill to the environment, typically residential areas and waterways.

DSP areas are necessarily conservative. When a development is planned on the periphery of a DSP, we are requested to check the underlying hydraulic assumptions underpinning the DSP. This is fair and reasonable, and significant effort is devoted to check the assumptions of the DSP, against the needs of developers.

History of this development area

Council was asked, by the developer of DA 2016.78.1, to provide sewer services to an area outside the Merimbula DSP boundary. Council engineers determined there was a high risk of sewer spill, should the additional load be accepted without suitable infrastructure upgrades.

The matter has been under consideration for a considerable period. In May 2012, Council engaged and paid for a tier one engineering firm to complete detailed hydraulic modelling of the sewer system to the development area. The result was consistent with the assessment of Council engineers and it found there was only just sufficient hydraulic capacity for likely development in the existing DSP area.

Any additional areas therefore require an engineering solution in order to augment current capacity. There are many solutions, each with their own cost and operational implications, and some of them are likely to be feasible.

In June 2012, Council informed the developer by letter as outlined below:

“…to progress development outside the DSP boundary to be connected to sewer, you now need to engage a suitably qualified engineering consultant…”

In August 2012, Council further informed the developer by letter:

“That advice remains unchanged and to progress development outside the DSP boundary to be connected to sewer, you now need to engage a suitably qualified engineering consultant…”

In April 2013, Council again informed the developer by letter:

“For connection of sewer to proceed the following needs to take place. Firstly you need to engage a suitably qualified consulting engineer to complete an options report”

In April 2017, Council again informed the developer, by letter that they must:

“…provide and pay for all infrastructure capacity upgrades.”

In June 2017 Council informed the developer via minuted meeting:

“…subject to the owner/developer providing an acceptable sewer strategy prepared by a tier 1 sewer engineering consultant.”

This process does not typically lead to delay

It is not the role of Council Planners or Development Engineers to lead the planning of developments for and on behalf of any developers. In essence, it is unreasonable for government to dictate where and how developers should invest in particular developments. This is a cost for the private sector and should not be borne by the wider community.

Council have consistently sought legal advice around our actions to ensure we do not impinge on the rights of the developer. In 2013 the developer and Council agreed to a process which would see an independent legal advice provided on the options available and the Council’s position. This was held over due to a party to the development being a Councillor at the time. This was seen to be a correct process due to probity requirements. This culminated in a specific engagement, paid for by Council, in 2016, of a specialist NSW planning lawyer to assess the evidence which both parties presented. Both Council and the developer were invited to submit documents, and interviews were held with all key parties. The details of this are included in the attached confidential memorandum.

Council could determine not to approve the DA however staff remain supportive of an engineering solution for provision of sewerage services, which enables development of this area to proceed.

Conclusion

This has been a long process, with the Council position being maintained that the developer complete the necessary strategic planning over the last five years. The provision of reticulated sewer cannot proceed in the absence of a strategy document, written by a reputable engineering consultancy.

Council will continue to support this developer in the same, consistent manner as we have successfully done with other developers.

Attachments

1. Confidential memorandum to Councillors regarding provision of sewerage services (Councillor Only) (Confidential)

2. Letter to Developer dated 8 June 2012 (Councillor Only) (Confidential)

3. Letter to Developer dated 14 August 2012 (Councillor Only) (Confidential)

4. Letter to Developer dated 23 April 2013 (Councillor Only) (Confidential)

5 ⇩. Newspaper article published in the Merimbula News Weekly 13 September 2017

Recommendation

That Councillors note the background information supplied and support the current position that the developer undertake preparation of acceptable sewer strategy prepared by a tier 1 sewer engineering consultant.

Council 29 November 2017

Item 12.3

12.3. Acquisition of easements for Bermagui Sewage Treatment Plant

The acquisition of easements through Bermagui Country Club, Crown Land and State Forest land is required to conclude matters associated with construction of the Bermagui Sewage Treatment Plant.

Director Community, Relations and Leisure

Background

This matter was originally reported to Council on 13 June 2006 when it was resolved to approve the Bermagui/Wallaga Lake sewerage program. The Department of Lands provided its original consent to the request by Council for approval of the proposed acquisition on 8 July 2009 and an extension was granted on 18 April 2017. At the time original consent was granted, a permit to enter and construct the infrastructure prior to completion of the acquisition was also obtained with construction work being finalised on 25 October 2008.

The attached plans of acquisition registered 25 and 26 October 2016 relate to proposed easements within Bermagui State Forest No. 142, Lot 1 DP 721389, Lots 158 and 250 DP 752130, Lot 307 DP 735144, Lot 8 DP 250333, Lot 1 DP 824394, Lot 145 DP 752130, Lot 7044 DP 1020269, Lot 3 DP599423 and Lot 287 DP 1151605. The proposed easements are required by Council for the purpose of the Sewage Treatment Plant (STP) and associated infrastructure.

Lot 287 DP 1151605 and Lot 7044 DP 1020269 are subject to Aboriginal Land Claims 42495 and 42623 lodged by the NSW Aboriginal Land Council pursuant to the Aboriginal Land Rights Act 1983 (NSW). The Aboriginal Land Council has however provided consent to the proposed acquisition over these affected lots.

Lot 287 DP 1151605, Lot 307 DP 735144 and Lot 7044 DP 1020269 are also subject to an unregistered Native Title claim filed in the Federal Court of Australia pursuant to the Native Title Act 1983 (Cth). As the Native Title application is undetermined, Council’s application to the Minister for Local Government will be made on the basis that Native Title may still exist. The Minister for Local Government will provide requirements, if any, in regards to the undetermined Native Title claim.

To finalise matters associated with construction of the STP an updated Resolution of Council is required to accompany the application for compulsory acquisition to the Minister of Local Government in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

Issues

Legal /Policy

To finalise land matters associated with this process, Council’s external legal providers will be required to make an application for compulsory acquisition (with consent) to the Office of Local Government. The original Resolution was obtained on 13 June 2006 and therefore an updated Council Resolution is required to be submitted with the application.

Operational / Asset Management Plan

The Bermagui/Wallaga Lake Sewerage Program was to support Council’s Operational Plan and Level of Service objectives. The acquisition and creation of easements will enable the use, maintenance and upgrade to infrastructure and cater for future services that may be required to be installed.

Community Engagement and/or Communications

Council has obtained consent from Bermagui Country Club Limited, Paynter Dixon Golf Pty Ltd (mortgagee of Bermagui Country Club land), NAB (mortgagee of Bermagui Country Club land), Aboriginal Land Council, Public Works (Property NSW) and the Department of Lands to proceed with an acquisition of the necessary easements.

Financial and resource considerations

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

Council property officers and legal panel providers will be required to finalise the relevant documentation to complete the acquisition.

Risk

Council’s sewerage infrastructure is currently sitting on land owned by State Forest, Crown Lands and Bermagui Country Club with no formal arrangement in place to protect the asset. If the acquisition and creation of easements does not progress, Council will have no way of accessing the land to maintain the infrastructure into the future.

Conclusion

A Council Resolution is sought to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land on which the sewerage infrastructure is situated.

Attachments

1 ⇩. Council report 13 June 2006 - Bermagui/Wallaga Lake sewerage scheme

2 ⇩. Registered plan of acquisition - Deposit Plan 1225602 NSW State Forest and Crown Land

3 ⇩. Registered plan of acquisition - Deposited Plan 1225605 Bermagui Country Club and Crown Land

Recommendation

1. That a proposed easement for sewer rising main 4 wide and variable width designated as (E) and right of carriageway over track in use designated as (R) in the registered deposited plan 1225602 within Bermagui State Forest No. 142, Lot 1 DP721389 and Lots 158 and 250 DP752130 be compulsorily acquired for the purpose of the Sewage Treatment Plant at Bermagui in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. That a proposed easement for sewer rising main 5 wide and variable width in the registered deposited plan 1225605 within Lot 307 DP735144, Lot 8 DP250333, Lot 1 DP824394, Lot 145 DP752130 and Lot 7044 DP1020269 and easement for a Sewage Treatment Plant designated as (A) in the registered deposited plan 1225605 within Lot 3 DP599423 and Lot 287 DP1151605, be compulsorily acquired for the purpose of the Sewage Treatment Plant at Bermagui in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

3. That the General Manager and/or Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land by compulsory process under section 186 of the Local Government Act 1993 (NSW).

Council 29 November 2017

Item 13.1

13.1. 2017 Policy Review

Council has undertaken a review of its Policies, Procedures and supporting documents. This report pertains to the completion of the first stage of this process; namely the review of Council policy.

Executive Manager Organisational Development and Governance

Background

Following the election of a new Council in September 2016 and the subsequent review of Council’s Community Strategic Plan (CSP), it was appropriate to review all organisational policy, procedures and supporting documents.

The review process, as of the date of this report, has consisted of the following stages:

1. Review of Council’s policy framework to reflect the outcome areas of the CSP (see attachment 1 – Policy Map).

2. Review of currently adopted policies by Managers.

3. Review of currently adopted policy by Councillors.

4. Development of final draft policies public exhibition (presented at Council meeting on 30 August 2017).

5. Public exhibition of policy framework and policy statements.

6. Receipt of submissions from members of the public concerning proposed policy documents and/or framework.

7. Further review of policy statements by Councillors and Managers based on submissions received during the exhibition period.

At its meeting of 30 August 2017, Council resolved to place the proposed policies on public exhibition for a period of 28 business days.

Copies of the draft policies were viewable on Council’s website on the ‘Have your say’ page. Hard copies of the documents were also available at Council’s Zingel Place Office in Bega, and at library outlets in Bega, Bermagui, Tura Beach, and Eden.

As part of the public exhibition process, members of the community were invited to provide their feedback by writing submissions to Council. Submissions were able to be provided in writing to Council, including where it was believed that:

· There was specific need for improving the draft policy statements

· There was a need for additional policy statements

· There was a need to remove existing policy statements.

The public exhibition period officially ended on 5 October 2017. Submissions were accepted up until 25 October 2017.

Council received three submissions in total; a summary of which is provided at Attachment 2 of this report – Summary of Submissions.

Issues

Legal /Policy

This review has been conducted in conjunction with the provisions of the Local Government Act 1993 – in particular, Part 3 – Adoption of local policies concerning approvals and orders. The review process implemented is compliant with the requirements of the Act and will provide a streamlined policy structure, clearly articulating Council’s position on key issues within the Bega Valley Shire.

The recommended outcome of this review will propose three major actions:

1. The revocation of certain policies

2. The review of certain policies

3. The creation of new policies.

The revised policy framework proposes a total of 61 policies for adoption; the total number of documents consisting of the review of 57 previously adopted policies, four new policies, and the revocation of seven policies.

Strategic

The review and adoption of a streamlined policy structure will facilitate the consistent implementation of Strategic Plans across Council. As stated in the Business Paper 13.3, of 30 August 2017, Council's Policy framework and specific content determine how the strategic and operational directives of the Council are implemented. Policy documents outline the commitment of the Council to provide the overarching strategic operations of the community and the Council.

Operational / Asset Management Plan

From an operational perspective, the content of Council Policy documents specifies the overarching scope of operations for the organisation. This directly influences how services are delivered and the priorities of the Council.

Community Engagement and/or Communications

Members of the public were given an opportunity to provide feedback on Council’s policies during the 28 day exhibition period. During this time Council received three submissions, which are summarised in Attachment 2 – Summary of Submissions.

The comments, feedback and observations received in the submission period have been considered by managers and Councillors. A written response outlining the actions to be taken by Council in response to the submissions will be provided to the submission writer.

One submission related to the flow on fees and charges linked to the Use of Public Land and capacity to pay. This submission was referred to staff in relation to establishment of fees.

The second related to spelling and grammatical amendments which have been included in the final documents.

The third submission was made in relation to the proposed Policy 6.18 Fraud and Corruption Prevention. Based on the submission received during the exhibition period, it has been suggested to place Policy 6.18 Fraud and Corruption Prevention on further public exhibition once the associated procedures and action plans have been established and approved.

Financial and resource considerations

Text

Funding source		Amount
Council Officer time – covered as part of Organisational Development and Governance Annual Budget	$	N/A

Risk

As previously stated in the Business Paper 13.3 of 30 August 2017, undertaking the review of Council’s policy framework fits within all Corporate Risk Categories being: ‘Human Resources’; ‘Health and Safety’; ‘Ethics’; ‘Procurement;, ‘Information Technology’; ‘Infrastructure’; ‘Financial’; ‘Environmental;, ‘Governance’; ‘Reputation’; and ‘Procurement’.

It is an important way of demonstrating commitment to good governance principles including providing the community with an opportunity to review the Policy framework. This demonstrates Council's commitment to transparency and open consultation.

Conclusion

The suite of policies is submitted to Council with the recommendation to adopt all documents with the exclusion of Policy 6.18 Fraud and Corruption Prevention; which will be placed on further public exhibition once the associated procedures and actions plans are developed. The revised BVSC Policy framework is also submitted to Council with the recommendation to adopt.

Attachments

1 ⇩. 2017 proposed BVSC policy map

2 ⇩. 2017 policy review summary of submissions received

Recommendation

1. That Council revoke the following policies:

- Festivals and Events (absorbed by Lands under Council Jurisdiction Policy)

- Local Procurement (absorbed into Procurement of Assets and Services Policy)

- Character and Amenity (redundant Policy)

- Private Works (redundant Policy)

- Roads (absorbed by Transport Policy)

- Signs (absorbed by Transport Policy)

- Requests for Assistance (absorbed by Grants Program Policy)

2. That Council adopt the following policies:

- 1.01 Community Wellbeing

- 1.02 Inclusive Communities

- 1.03 Arts and Culture

- 1.04 Volunteering

- 1.05 Film and Video

- 1.06 Cultural Diversity

- 1.07 Public Reserve Management

- 1.08 Leisure and Recreation

- 1.09 Community Grants Program

- 2.01 Community Learning and Education

- 2.02 Live, Work, Invest

- 2.03 Digital Economy

- 2.04 Traditional Industries

- 2.05 Tourism

- 3.01 Development Administration

- 3.02 Environment Management

- 3.03 Soil and Water Management

- 3.04 Biosecurity and Weed Management

- 3.05 Environmental Sustainability for Council Operations

- 3.06 Pesticide Use

- 3.07 Climate Change

- 3.08 Asbestos Management

- 3.09 Dedication of Public Land

- 3.10 Waste Services

- 4.01 Drinking Water Quality

- 4.02 On-site Sewage Management

- 4.03 Public Regulation

- 4.04 Companion Animal Management

- 4.05 Enforcement and Compliance

- 4.06 Cemeteries and Memorials

- 4.07 Water and Sewerage Services

- 4.08 Drinking Water Supply

- 4.09 Families and Children

- 4.10 Lands under Council Jurisdiction

- 4.11 Planning Agreement

- 4.12 Environmental and Public Health

- 4.13 Heritage Works of a Minor Nature

- 5.01 Asset Management

- 5.02 Transport Services

- 6.01 Governance

- 6.02 Behaviour of Councillors and Staff

- 6.03 Risk Management and Insurance

- 6.04 Conditions of Employment

- 6.05 Work Health and Safety

- 6.06 Financial Management

- 6.07 Investments

- 6.08 Procurement of assets and services

- 6.09 Information Technology

- 6.10 Communications

- 6.11 Records Management

- 6.12 Access to Information

- 6.13 Customer Services

- 6.14 Use of Council Seal

- 6.15 Interstate and Overseas Travel

- 6.16 Community Engagement

- 6.17 Integrated Planning and Reporting

- 6.19 Closed Circuit Television (CCTV)

- 6.20 Related Party Disclosures

- 6.21 Public Private Partnerships

- 6.22 Business Incentives

3. That Council adopt the proposed Policy framework (see Attachment 1)

Council 29 November 2017

Item 13.2

13.2. Quartery Report: Major Projects and update on Operational Plan impacts and delays due to restructure

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

General Manager

Background

Council has been regularly receiving update reports on major projects since 2014, identified by Council annually for the General Manager.

In this update on key projects, it is also timely to update on the changed capacity to deliver outcomes that have resulted from the current organisational restructure following the adopted reduction in employee expenditure allocation.

General Manager Projects 2017-18

During the annual performance review process for the General Manager this list was updated to include:

· Asset reviews/ assets protection finalised and reported with resolutions

· Prospectus of major projects finalised and funding applications lodged for NSW and Federal projects

· Organisation Structure completed and implemented including strategic planning, after-hours call out, OSR project and budget amendments achieved

· Communications review - how we do it, why we do it, can we do it better, do we do it differently for different demographics, look at print communication eg: letterbox drops targeted to areas on what's happening in their locations, etc

· Strategic planning projects - ensure the listed priorities in this area are achieved

A full outline of all progress on key projects is included in the Annual Report, considered by Council on 29 November 2017.

PROJECT	COMMENT
Asset Review	Workshops have been held with Councillors and staff to further develop and refine the asset management plans. A report is being prepared for Council on 13 December 2017 to adopt amendments for inclusion and consideration in the next operational plan and long term financial plan. The project is on track
Prospectus	This document has been developed, is currently being printed and will be available for circulation before the end of the year. The key projects adopted by Council have also been provided to a range of bodies including State agencies and the Joint Organisation and politicians.
Organisational Structure	The restructuring has been undertaken to achieve the outcome as established by Council of reducing employee expenses for the current year. The senior structure has been considered twice by Council. Initially to set the senior structure and then following the resignation of the Director of Planning and Environment to again consider the structure and to reduce the senior staff numbers formally by one position. Work to amend the reporting and look at other current position vacancies and how best to allocate resourcing to achieve Council’s strategic direction is being undertaken now for implementation in 2018.
Communications Review	This has been completed and been used to re-develop the communications and engagement areas of Council which are now being implemented. Further work on implementing the recommendations will be undertaken over the next six months.
Strategic Planning Projects	A number of projects which have been on foot for some time are now in the final stages and will be reported to Council for consideration at upcoming meetings. · Finalisation of remaining deferred matters from the 2013 LEP · Rural Lands Review · Commercial Centres Strategy 2008 (partial as determined by the NSW Department of Planning) · Enterprise Lands Review · Rural Land Sharing · Planning proposal Wolumla · Review of DCP 2013

Outcome impacts restructuring to be referred to the six monthly review of the Operational Plan

To achieve the required reduction in the employee expenditure for the 2017/18 year and to minimise impacts on service areas and focus on the key priorities of the Council, the following projects are delayed or will not be undertaken in the 2017/18 year. These will be referred to the six monthly review of the adopted Plans.

Key areas for the structural change included:

· Restructuring in: the communications; integrated planning and reporting; community development and information; and property services areas, resulted in four positions that have been made redundant with an additional three fixed term (contract) roles not being renewed.

· An increased focus on communications and engagement

· An restructure and increased focus on community assets

· Restructuring in vegetation, and recreation and natural assets

Other projects not in the adopted, funded or resourced in 2017/18 Operational Plan or which were previously listed in the 2016/17 Plan, but held over due to increased requirements for re-engagement with community, have added to the works program and there will need to be an assessment of capacity to deliver these and timelines.

The availability of a significant funding package from the State Government through the Regional Funding package has provided some significant opportunity and challenge.

Some significant legislation changes in a number of areas are also being assessed as to impacts on current priorities to ensure appropriate resourcing is made available to achieve the best outcomes.

Project/Works description	Impacts on adopted program of works	Status
North Tura reserve	Requests from community in 2016/17 and follow up meetings and reports No funding allocation or resourcing	Will progress as staffing resources allow over the next two years
Bermagui masterplan rescission	Resolution noted detailed designs to be done when funding for works identified. This is not in the current delivery program however considerable community expectation has arisen from the Chamber of Commerce and Bermagui Community Forum	General Manager and key staff to meet with representatives of both groups together to scope an achievable program moving forward
Merimbula car parking: resolution of additional parking for Christmas period	This project has involved officers from across the organisation investigating, costing and assessing interim options. There has also been considerable interaction with the Merimbula Chamber of Commerce. This has been done in addition to other works	A large number of options have been investigated. Some signage, timed parking and leveraging of alternative sites are still being finalised.
Pambula Squash courts project Notice of Motion	This project is not in the current Operational Plan and any work to look at design, quantity surveying, developing business models and plans has not been allocated to any officers.	This work will need to be undertaken in addition to planned works and will cause some delays in other work priority.
Coastal accessibility projects at Short Point Merimbula and Bruce Steer Pool Bermagui	These projects were scoped to be undertaken in the 2016/17 year. Due the change in scope and additional consultation, these will now have to be reconsidered with other planned projects in the current year.	Updated timelines will be provided to Council and the community when resources allow.
Changes to structure reducing staffing in community development	The move to two Community Development roles from four will see a reduction in supported activities in the following areas in 2018: Less time in townships and villages. Reduced capacity to support new community initiatives.	Two Place Based Officers have left the organisation.
Changes to structure reducing staffing in vegetation management	The reduction of one officer role in this area results in some refocussing of other officers activities in the section. As the new biosecurity act is implemented priorities and roles in this area will be focussed accordingly.	The new structure as it is implemented will focus on ensuring the best outcomes locally from this new suite of legislation.
Changes to structure reducing staffing in IPR	There was identified overlap between IPR engagement activities and Community Development activities. The changes seek to split reporting into Strategy and Business Services and engagement activities into Community, Relations and Leisure.	Legislative requirements will be met, with minimal additional work (such as research or data analysis) being completed
Changes to structure in communications and community engagement	A Manager Community Connections position has been developed to drive communications and community engagement. Community Engagement will become more focused and provide a whole of organisation support to engagement activities	Recruitment has commenced for the Manager role, Communications Coordinator and part time Communications Officer currently being temporarily filled. Will seek to fill these roles permanently in the New Year. An additional Communications Officer has been appointed to provide additional capacity to meet demands of the organisation. Community Engagement Coordinator has been appointed. Events officer temporarily reporting into Communications team
Changes to structure in management of community and cultural assets	A Manager Community and Cultural Assets has been developed to have oversight for all activities relating to those assets, which includes Community halls, public cemeteries, Regional Gallery, Civic Centre, Learning Centre and leased and licensed community buildings and land. Position also has accountability for Building Asset Management Plan.	Recruitment has commenced for the Managers role. Property Services has moved to Community, Relations and Leisure, Community Halls and Cemeteries now report to the Coordinator Property and Facilities
Impacts from new legislation	Introduction of new legislation in Biosecurity, Biodiversity, Planning, and the Local Government Act will require refocussing of officer resources to ensure compliance and appropriate review of Council’s plans and procedures.	This refocussing will be a priority for the next two years.
Opportunity and impacts from State Government funding package and other funding programs.	The extensive number of funding programs recently launched has provided an excellent opportunity for local government across regional NSW.	In order to ensure priority local projects are considered as favourably as possible, an internal officer secondment has been made to ensure a coordinated and streamlined process is in place.

Attachments

Nil

Recommendation

That Council note the major projects update and the service level amendments referred to the six monthly review of the adopted Operational Plan and Delivery Program.

Council 29 November 2017

Item 13.3

13.3. Draft of Reviewed Code of Conduct for Councils in NSW

The report provides information about the consultation Draft of the Model Code of Conduct (COC) and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures). The report seeks Council's endorsement of the Canberra Region's Joint Organisation of Councils' submission response to these Draft documents.

Executive Manager Organisational Development and Governance

Background

The Office of Local Government (OLG) is consulting with councils and other stakeholders via Circular No. 17-30 about the proposed changes to the Model Code of Conduct (COC) and the Procedures via a review of these documents.

The draft of the reviewed COC was distributed to Councillors on 25 October 2017. Submissions about these documents are required to be lodged with the OLG by 4 December 2017.

The Phase 1 amendments made to the Local Government Act 1993 late last year, have seen the pecuniary interest provisions of the Act and the Local Government (General) Regulations 2005 incorporated into the COC. Once the COC document has been finalised, the reforms to the COC documents will mean the consolidation of the prescription relating to all ethical standards for council officials and employees contained in a single statutory instrument.

The reviewed COC and Procedures will also contain new provisions designed to improve ethical standards, more effective descriptions relating to deterring non-compliance and lead to improved transparency and accountability.

In response to the OLG's consultation process, Bega Valley Shire Council (BVSC) has participated in a small working group of governance staff from member Councils of the Canberra Region Joint Organisation of Councils (JO) to draft a JO Submission in response to OLG's Circular. The working group was from: BVSC; Yass Valley; Goulburn Mulwaree; and Hilltops Councils.

The completed JO Joint Submission is being tabled at the next Ordinary Council meeting of each member Council for information and endorsement, prior to lodgement with the OLG.

Issues

Legal /Policy

· The Local Government Act 1993

· The Local Government (General) Regulations 2005

· The Model Code of Conduct for Councils in NSW

· The Administration for the Procedures for the Model Code of Conduct.

Strategic issues

1. Introduction

Key issues associated with the proposed amendments to the Code and Procedures are listed under each relevant part of those documents with comments and 14 suggested actions for the OLG.

2. Model Code (COC)

Part 3: General Conduct Obligations

• Sections 3.1 – 3.11 provides clarity and definition in the areas of harassment and discrimination, and bullying.

ACTION 1: Given the lack of understanding and awareness of these definitions, consideration should be given to mandatory bullying and harassment training for staff and Councillors.

• Section 3.12 duplicates the requirements under the Workplace Health and Safety Act however provides clarity particularly for Councillors.

• Section 3.15 provides direction on written records of meetings with applicants and objectors to planning applications. Councils must disclose these communications in writing.

ACTION 2: Similarly to Conflict of Interests, consideration should be given to these records being disclosed verbally at Council meetings and then be documented officially within Council records systems.

• Sections 3.21 – 3.24 are expected to be covered by the Code of Meeting Practice and should be referenced accordingly and ‘other proceedings’ is not defined.

ACTION 3: Meeting practices should be cross referenced to the Code of Meeting Practice.

ACTION 4: The term “other proceedings” is not defined and should be clarified and extended to include workshops, community briefings or any other formally arranged gathering of Council officials.

Part 4: Pecuniary Interests

The incorporation of the pecuniary interest provisions of the Act into the Code to provide a single statutory instrument of ethical standards is supported.

• Sections 4.8 – 4.38 while the requirement to complete a section 449 is covered in the Act, this provides clarity and an avenue to manage disciplinary/corrective action. The new draft also deletes reference to "Working Parties" of Council. A number of Councils now use working parties and these working parties need to be accountable under the Code of conduct.

Part 5: Non-Pecuniary Interests

The reinforcement of the importance of public perception (5.2-5.4) and the clarification of the types of relationships that might give rise to a significant non-pecuniary conflicts (5.9) and are welcomed.

Part 6: Personal Benefit

• Declarations apply to all gifts and benefits. The administrative burden could be considerable for the inclusion of Token Gifts. Clarification of token gifts is welcomed however they should not have to be declared.

ACTION 5: Make it clear that token gifts are not required to be declared or if they are what dollar figure is appropriate. Further, that it needs to be made clear what consequences are needed for there to be a breach of the code - in relation to gifts and benefits received.

• Sections 6.6 – 6.8 are relatively complex and encourage the non-acceptance of any gift or benefit and highlight the need for detailed understanding of these requirements.

ACTION 6: An explicit training package be developed for staff and councillors so there is a clear understanding of what can be accepted and what needs to be declared.

Part 7: Relationships Between Council Officials

• Section 7.5 provides additional clarification on inappropriate interactions for both staff and Councillors.

Part 8: Access to Information and Council Resources

• Section 8.11 provides clarity on access to and disclosure of confidential information.

• Sections 8.20 – 8.21 provides valuable direction and standards regarding internet access and the use of social media.

• Sections 8.22 – 8.23 give clear direction to all council officials in regards to their obligations for record keeping. Specifically 8.23 reinforces that information that is held on council issued devices (eg mobile phones, tablets, laptops) are deemed to Council business regardless of whether the usage was intended. There needs to be an awareness that all information comes under GIPA regardless of the intended purpose.

ACTION 7: Industry training packages should be developed for staff and Councillors for recording keeping and storage of data.

Part 9: Maintaining the Integrity of this Code

• The clarity and inclusions on disclosure of information are welcomed.

Schedule 1 Disclosures of Interest

The references in the Gifts and Contributions to Travel sections are contradictory to Part 6. Gifts, refers to the requirement to disclose over $1000 yet Part 6 is $50 and Contributions to Travel is $500. The inclusion of this schedule creates confusion and makes it difficult to navigate through the document. It needs to be made very clear that this schedule is related directly to “disclosure of interests in written returns” as per clause 4.21

ACTION 8: Consider amending title of Schedule1 as “Disclosure of Interests in Written Returns (as required under clause 4.21)“.

Section 21 requires disclosure of any position held in a Trade Union, Professional or Business Association but does not include political parties. It is unclear what is meant by ‘position’. It could be interpreted as being a member of the organisation.

ACTION 9: Include a definition of “position’ as related to clause 21.

ACTION 10: Include the requirement to disclose any position held within a political party (other than standard membership of the party).

3. Procedures

Part 4: How May Code of Conduct Complaints be Made

• Section 4.2 provides welcome clarification on when complaints are not considered “code of conduct complaints”.

Part 5: How are Code of Conduct Complaints to be Managed?

• Generally the inclusions and clarification provided in Part 5 are welcomed, specifically the discretion for a General Manager or Mayor to delegate functions as it is often inappropriate for General Managers and Mayors to be the direct manager of the complaint.

Part 6: Preliminary Assessment of Code of Conduct Complaints about Councillors or the General Manager by Conduct Reviewers

• The inclusions and clarification in Part 6 are generally supported and will assist conduct reviewers in administering the Procedures specifically establishing additional complaints assessment criteria.

Part 7: Investigations of Code of Conduct Complaints about Councillors or the General Manager

• The additional sanctions that an investigator may recommend be imposed by Council, section 7.36, are supported.

• Section 7.39 which requires an investigator to consult with the OLG on proposed findings imposes an unnecessary level of bureaucracy and may adversely affect the independence of the investigator’s report.

• Section 7.59 clauses a) to e) refer to sanctions on a subject person, f) refers to the general manager and h) refers to a councillor. This is ambiguous as Part 7 refers to complaints about councillors or the general manager, not about council staff. Further clause h) ii should include the relevant sections of the Act in relation to misconduct provisions of the Act.

Part 12: Confidentiality

All code of conduct complaints should be confidential with any disclosures in accordance with the procedures. Procedures now allow that no further information be provided to a complainant where the complainant publicly discloses information about a code of conduct complaint. This is a welcome addition that should assist the management of some complaints.

General Comments

• The Code and Procedures are written in the form of legislation rather than in a procedural form. This creates a prescriptive document but not one that is easy to read and understand for all council officials and staff.

ACTION 11: Consideration be given to including a summary, Frequently Asked Questions and a Flow Chart similar to that in the current procedures.

• A clear omission of the Code and the Procedures is clarification and definition of timeframes for matters that must be referred to the OLG. While the timeframes for councils to manage Code of Conduct complaints are prescriptive, there is no mention of timeframes or obligations of the OLG for responses.

ACTION 12: The OLG considers developing service standards in regard to timeframes for responding to complaints that are referred to the OLG.

• Complaint Coordinators need to be very familiar with processes associated with the Code and Procedures.

ACTION 13: Consideration be given to the development of an industry wide training program specifically for Complaint Coordinators.

• Previous experience with referrals to the OLG has shown that the response capability of the OLG is insufficient. It is recommended the OLG be appropriately resourced to respond to referrals. Further clarification is sought on the role and responsibilities of the OLG in administering the Procedures.

• Due to the increased prescriptive nature of the Code and Procedures essential that all staff and Councillors are familiar with the new Code and Procedures.

ACTION 14: Consideration be given to requiring all staff and Councillors to undergo mandatory code of conduct training, GIPA and Privacy Legislation within the term of each Council.

A full copy of the JO Submission is attached to this report.

Community Engagement and/or Communications

The OLG is consulting with all Councils and other stakeholders about the reviewed Model Code of Conduct and the Procedures. Relevant organisations are welcome to make a submission about these documents.

The OLG has advertised the call for submissions through their website and with Councils across NSW directly.

Financial and resource considerations

Funding source		Amount
ODG officer time at attend the JO Workshop - no extra resources required to undertake this process (accommodated within ODG's existing Budget).	$	Nil

Conclusion

The OLG has asked for feedback (via submissions) from all Councils in NSW and other stakeholders on the consultation drafts of the reviewed Model Code of Conduct and the Procedures for the Administration of the Model Code of Conduct for Councils in NSW. BVSC has participated in a workshop to develop a joint submission from the Canberra Region Joint Organisation of Councils (JO) in response to the OLG's consultation process.

All member Councils of the JO are asked to consider and endorse the JO submission at their next Ordinary Council meeting prior to forwarding it to Office of Local Government by 4 December 2017.

Attachments

1. 2017 Code of Conduct Complaints Report (Councillor Only) (Confidential)

2. CBRJO Draft Model Code of Conduct (Councillor Only) (Confidential)

Recommendation

That Council note this report.

That Council endorse the Canberra Region Joint Organisation of Council's Submission to be presented to the Office of Local Government for their consideration, of the draft consultation documents for the Reviewed Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct for Councils in NSW.

Council 29 November 2017

Item 14.1

14.1. Quarterly Budget Review Statement

Budget review statements are prepared and presented to Council quarterly in accordance with Section 203 of the Local Government (General) Regulation 2005.

Director Strategy and Business Services

Background

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

The Quarterly Budget Review Statement is presented in a summary format which shows Council’s income and expenses by type and by activity. The Capital Budget Review Statement is also prepared by type followed by variance details. It is the intent of this report to provide information to the users of the Quarterly Budget Review Statement report in order to illustrate the financial performance of Council as a whole and for each activity of Council.

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

Issues

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2005, the responsible accounting officer must prepare and submit to the council a Budget Review Statement after the end of each quarter.

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

Budget Review Statements and revision of estimates

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

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

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

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

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

Strategic

The budget review involves analysis of Council’s annual budget in each Group to determine if any changes in votes are required for the period and to confirm revoting of funds into 2017/18. This process has been undertaken for the period to 30 September 2017 and any changes have been reported in the Quarterly Budget Review Document. This report also analyses the progress of each Group in achieving its financial objectives.

Council will need to be mindful of the deficit results that it is confronted with in its long term financial plan, and not introduce new works or services during 2017/2018 financial year unless a business case and a clear funding source is identified. Given the issues highlighted by Council in achieving its Asset Management model, future gains or surpluses need to be placed into appropriate reserves in order to provide coverage for future liabilities.

Operational / Asset Management Plan

Council’s 2017 – 2021 Delivery Program / 2017 -2018 Operational Plan provides the Financial Estimates 2017 – 2021 which includes the Budget for 2017-18.

Financial and resource considerations

Council has undertaken a process to identify carry forwards and determine any changes for Council’s consideration such as revotes from 2016/17. Revotes are those works committed to in the preceding year that were not completed.

In determining changes, Council has identified new projects and initiatives, and material variations in the September quarter.

It is anticipated Council’s projected year end result would improve as a result of variations to the September quarter, from a budgeted surplus of $685,000 to a forecast surplus of $3,359,000. However, it should be noted this improvement in Council’s operating result is due to grant funding that is tied to future capital works.

The grants are

· Active Transport Grant New for Bike Track from Tathra to Kalaru, $2.1 million

· Active Transport Grant New for Bike Track in Merimbula, $1.4 million

· National Stronger Regions Fund (NSRF) for North Bega Sewer System, $248,000

Council will use the reimbursement of funds from the Natural Disaster Relief and Recovery Arrangements (NDRRA) grant for three floods that occurred in 2015/16 to cover planned future works for its Asset Management model.

The value of carry forwards from the 2016/17 financial year was $3.378 million. In addition Council has unspent grants of $1.5 million and other committed expenditure along with their funding sources.

A more detailed analysis of the impact of these changes is located within the Quarterly Budget Review Statement.

Conclusion

There continues to be ongoing pressure placed on BVSC’s Budget given the limited funding growth provided by IPART via the rate peg, which determines the maximum percentage amount by which a council may increase its general income for the year.

Other areas of savings will continue to be explored, however without additional revenue, BVSC will need to revise its levels of service.

Attachments

1 ⇩. QBRS Q1 Sep 17

Recommendation

1. The September Quarterly Budget Review and vote movements outlined in the Quarterly Budget Review Statement are adopted by Council.

2. Council does not commit to any further additional expenditure, or make a decision to decrease its fees and charges, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified.

3. The Carry Forwards identified from 2016/17 be received for information.

Council 29 November 2017

Item 14.2

14.2. Investment Report October 2017

This report details Council’s investments at the end of October 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 $61,900,000. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	August 2017	September 2017	October 2017
General Fund	$16,334	$23,330	$23,445
Water Fund	$14,167	$13,830	$14,502
Sewer Fund	$29,399	$27,740	$23,953
Total	$59,900	$64,900	$61,900

· 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	$12,625	$10,820	$23,445
Water Fund	$3,866	$10,636	$14,502
Sewer Fund	$4,436	$19,517	$23,953
Total	$20,927	$40,973	$61,900

The restrictions reported in Table 2 relate to 31 October 2017.

Attachments

1 ⇩. Certificate of Investments

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	29 November 2017
*Item 9.1 - Attachment 1*	Attachment for Council Report 29-11-2017: Development Plan Showing Proposed Infrastructure Stages 1-9

Council	29 November 2017
*Item 12.1 - Attachment 1*	Bega Valley Shire Transport Vision (Working Draft)

Council	29 November 2017
*Item 12.2 - Attachment 5*	Newspaper article published in the Merimbula News Weekly 13 September 2017

Council	29 November 2017
*Item 12.3 - Attachment 1*	Council report 13 June 2006 - Bermagui/Wallaga Lake sewerage scheme

Council	29 November 2017
*Item 12.3 - Attachment 2*	Registered plan of acquisition - Deposit Plan 1225602 NSW State Forest and Crown Land

Council	29 November 2017
*Item 12.3 - Attachment 3*	Registered plan of acquisition - Deposited Plan 1225605 Bermagui Country Club and Crown Land

Council	29 November 2017
*Item 13.1 - Attachment 1*	2017 proposed BVSC policy map

Council	29 November 2017
*Item 13.1 - Attachment 2*	2017 policy review summary of submissions received

Council	29 November 2017
*Item 13.4 - Attachment 1*	Outstanding Council Action 1 July 2017 to 31 October, 2017

Council	29 November 2017
*Item 13.4 - Attachment 2*	Completed Council Actions 1 July to 31 October 2017

Council	29 November 2017
*Item 14.1 - Attachment 1*	QBRS Q1 Sep 17

Council	29 November 2017
*Item 14.2 - Attachment 1*	Certificate of Investments

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing Of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

Recommendation

9 Staff Reports – Planning and Environment

10 Staff Reports – Community, Culture and Leisure

11 Staff Reports –Economic Development and Business Growth

12 Staff Reports – Infrastructure Waste and Water

13 Staff Reports – Governance and Strategy

14 Staff Reports – Finance

15 Adoption of Reports from Standing Committees

Recommendation

16 Councillor Reports

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Statement of Re-Commencement of Live Streaming

22 Adoption of reports from Closed Session

23 Resolutions to declassify reports considered in closed session

Council

29 November 2017

Staff Reports –Planning And Environment

29 November 2017

9.1. Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow

Background

Issues

Policy

Further Information

Submissions

Conclusion

Attachments

Recommendation

Staff Reports – Community, Culture and Leisure

29 November 2017

Council

29 November 2017

Staff Reports – Infrastructure Waste And Water

29 November 2017

Council

29 November 2017

Staff Reports – Governance And Strategy

29 November 2017

Staff Reports – Finance

29 November 2017

Confidential Business

Adjournment Into Closed Session

Recommendation