Agenda of Council - 10 October 2018

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

10 October 2018

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 19 September 2018 as circulated, be taken as read and confirmed, with the following amendment:

That the Pecuniary Interest declared by Mr Anthony Basford regarding Item 13.3 be amended to read:

Mr Basford, Director Community Planning and Environment declared a non pecuniary interest regarding Item 13.3, Disposal of Easement - Merimbola Street, Pambula on the basis that he is a member of the Sapphire Cost Historic Vehicle Club Committee along with the owner of lot 15, DP 1204078.

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

There are no reports to Standing Committees.

9 Staff Reports – Planning and Environment

Nil Reports

10 Staff Reports – Community, Culture and Leisure

10.1 Twyford Hall Divestment....................................................................................... 4

10.2 Fees and Charges for Children's Services in 2019............................................... 4

10.3 Tathra and District Fire Recovery and Resilience Grant Program Round 1 .... 4

11 Staff Reports –Economic Development and Business Growth

11.1 Electric Vehicle Charge Point Project.................................................................... 4

12 Staff Reports – Infrastructure Waste and Water

12.1 Bega Valley Local Traffic Committee..................................................................... 4

12.2 Weekly kerbside collection for holiday accomodation....................................... 4

12.3 Proposed new road names.................................................................................... 4

12.4 Short Point Viewing Platform Renewal................................................................ 4

12.5 Waste Management Strategy 2018-2028........................................................... 4

12.6 Proposed lease for Pretty Point Bridge truss restoration.................................. 4

13 Staff Reports – Governance and Strategy

13.1 Gift Register - September 2017 to August 2018................................................. 4

13.2 Classification of land acquired by Council............................................................ 4

13.3 RFT 02/18 Supply, Installation, Training and Annual Maintenance of a Corporate Business System................................................................................ 4

14 Staff Reports – Finance

14.1 Yankees Gap Road Fire........................................................................................... 4

14.2 Special Rate Variation Options.............................................................................. 4

15 Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

16 Councillor Reports

16.1 Canberra Region Joint Organisation Board Meeting........................................... 4

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

19.1 Signage at Bermagui Shopping Precinct............................................................... 4

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................. 4

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 10 October 2018

Item 10.1

10.1. Twyford Hall Divestment

Legal advice has been sought to help inform Council of the cost-benefit value of supporting a proposal put forward by Twyford Hall Incorporated (THI) to have the trusteeship of Twyford Hall transferred to an independent trustee.

Director Community, Environment and Planning

Officers Recommendation

1. That the report be noted.

2. That Council not support the proposal by Twyford Hall Incorporated to have the trusteeship of Twyford Hall transferred to an independent trustee.

3. That Council continue with the current ownership/management model as defined by the existing Deed of Management Agreement (2017) and the adopted Plan of Management (2010).

Executive Summary

Council has sought legal advice from Lindsay Taylor Lawyers on the merits of a proposal presented by Twyford Hall Incorporated (THI) to have Trusteeship of the Twyford Hall Complex transferred from Council to a new trustee corporation.

To do this Council would need to:

1. Reclassify the Twyford Hall Complex to operational land without discharging any of the Trusts on the land.

2. Amend THI to allow appointment of an independent corporation to be trustee and the manager of Twyford Hall.

3. Appoint an independent corporation to be trustee.

To ensure sufficient due-diligence, Lindsay Taylor Laywers advise that further counsel opinion and advice from the Supreme Court is recommended to ensure exemption to liability and indemnity risks.

It has been calculated the probable costs to undertake these actions is in the order of $50,000.

Council officers advise the only apparent benefit for Bega Valley Shire Council (BVSC) in supporting THI’s proposal is that it would provide the means to devolve the Twyford Hall as a liability on its Asset Register, which would be accordingly reduced by $27,500 on an annual basis. This liability will increase in value once an additional $7.4m of built improvements to the Complex have been completed, whereby, the value would increase to approximately $200,000 as a notional accounting liability.

Central to the officer’s recommendation is that no financial support would be provided by THI to cover projected costs and BVSC would still own the facility and the trusteeship would return to BVSC if the proposed trusteeship were to fail.

Background

Control of Twyford Hall currently rests with BVSC as Proprietor Trustee (owner) while its operations are managed by THI under a Deed of Management Agreement (2017) and a Plan of Management Agreement adopted by Council on 9 November 2010. These agreements were developed to transfer management responsibilities to the incorporated body.

THI have recently been successful in obtaining a grant of $7.4m to construct the Theatre Twyford project which has been identified in the Plan of Management.

THI’s proposal to BVSC is to have trusteeship transferred to a new independent body called Twyford Trustee with its own Board, subject to the Corporations Law and Regulation by the Australian Securities and Investments Commission. THI would coexist under this new arrangement as a separate management entity.

In their proposal, THI state there are many benefits to divesting trusteeship to an independent organisation. These include:

Purported benefits

1) “Removal of some barriers to allow Twyford Hall Incorporated to register with the Federal Government’s Attorney General Office as a Deductible Gift Recipient. This in turn would help to encourage philanthropic donors to provide more support particularly to the Theatre Twyford project.

2) Assist Council to limit legal and management costs.

3) That Council’s liabilities on its asset register would be reduced by $27,500 on an annual basis until the added $7.4m of built improvements have been completed, whereby, this value would increase to approximately $200k.

4) It is believed that there are sound governance reasons why an independent trustee would better serve all interests”.

Furthermore, as illustrated in previous discussion between Council officers and THI representatives:

5) BVSC is potentially exposed to partly overseeing the governance accountabilities relating to the procurement and delivery of the $7.4m Twyford Theatre works.

These purported benefits are explored under the risk section of the report.

Options

Option 1 – Proceed with divestment

Proceed with the divestment of trusteeship to an independent organisation as requested by THI and in accordance to the legal process as recommended by Lindsay Taylor Lawyers.

Inherent to this option is the possibility that the application to reclassify the land tenure is rejected by the Minister. In this event the only course of action would be to continue operations and tenure under the current model.

Option 2 – Do not proceed with divestment

Do not proceed with the divestment based on the information presented and continue with the current ownership/management model as defined by the existing Deed of Management Agreement and the adopted Plan of Management.

Community Engagement

Consultation undertaken

No community consultation has been undertaken, but in the event THI’s proposal is supported by Council, a public consultation process would be undertaken by a third party as part of the Minister’s requirement to submit an application to reclassify land tenure.

Consultation Planned

As outlined above, further consultation may be required depending on the requirements of the Council Resolution.

Council consideration of input

Council has previously considered proposals relating to the redevelopment of Twyford Hall at the following Ordinary Meetings of Council:

· 16 August 2017 – 10.1 Theatre Twyford Project Request for Support

Resolved on the following Motions:

That Council resolve to provide a letter of support for the Theatre Twyford Project; noting the information contained in the report of 26 April 2017, which outlines the pros and cons of the project.

1. That Twyford Hall Committee be notified of Council’s decision.

2. That Council receive a report on possible future ownership and management models for the Twyford Hall.

· 11 October 2017 – 10.2 Twyford Hall Future Management

Resolved on the following Motions:

1. That Council note the report.

2 That Council enter into a management deed with Twyford Hall Inc. to manage the Twyford Complex for a period of 15 years (5+5+5years).

3. That the General Manager and Mayor are authorised to execute the required documentation.

4. That Council staff work with Twyford Hall Inc. to bring a further report to Council on the question of ownership of the Twyford Complex.

Council also considered the following report at its Ordinary Meeting on the 13 December 2017:

13.2. Asset review - setting the framework for 2018/19 and into the refocus of the long term financial plan. The report included Twyford Hall as follows noting the need to reclassify land:

“BUILDING PROJECTS FOR PROGRESSION:

PROPERTY

CRC

(current replacement cost)

DISCUSSION

COUNCIL OWNED PROPERTIES

Twyford Hall

791,688

Community land – reclassification required

Financial and resource considerations

To facilitate implementation of THI’s proposal to transfer trusteeship to a new independent body, Lindsay Taylor Lawyers have provided in good faith a very preliminary estimate of the recommended actions and associated legal costs to progress transfer of trusteeship with costs estimated to total $50,000.

The breakdown of key costs and actions is as follows:

1. drafting amendments to the Hall Constitution.

2. lodge an application with the Supreme Court seeking an opinion under s63 of the Trustee Act 1925. Such an application would involve:

a) Preparing of a brief for advice to counsel with the facts in relation to the trustee and forming questions for counsel to consider.

b) Undertaking a review of the advice.

c) The preparation of a Summons and Statement of Facts for any application to the Supreme Court seeking the opinion of the Court, this would also involve

iv. attendance at Court (if necessary),

v. ongoing liaison with BVSC representatives.

In addition, the following disbursements would be payable:

vi. Supreme Court filing fee for the s63 application.

vii. Counsel’s opinion - costs are dependent upon the barrister retained.

viii. Incidental costs.

Furthermore, costs will be required to make an application to the Minister to reclassify land tenure and for the commissioning of a planning consultant to administer the associated amendments to Council’s Local Environmental Plan. Furthermore, administrative costs would need to be allocated.

Funding source (unfunded)	Amount
Estimated Legal Fees	$34,000 - $42,000
Estimated Consultant Fees to Reclassify Land Tenure	$4,000 - $6,000
Council Officer Costs (85 – 115 hours). Available but at the cost of other projects.	$5,000 - $7,000
TOTAL	$43,000 - $55,000

Legal /Policy

The Local Government Act 1993, s358, s527.

The Trustee Act 1925, s63, s85, s86.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 6, Goal 12: Our Council is financially sustainable and services and facilities meet community need.

Environmental / Sustainability

Not applicable.

Economic

As outlined in the Financial and Resource Consideration section and the Executive Summary of this report, BVSC has an opportunity to devolve a notional accounting liability on its asset register to the annualised ‘book’ value of $200k after the proposed works for the Twyford Theatre have been completed. This gain comes at an opportunity-cost inclusive of BVSC administrative resources and outsourced legal and planning advice to the probable cost of $50,000.

Risk

Purported benefits

In reviewing THI’s proposal in the interests of evaluating the inherent advantages and disadvantages that may impact BVSC, and in reviewing the advice provided by Lindsay Taylor Lawyers, officers note the following aspects need to be considered by Council.

Project Risks and Opportunities

1. The proposal is not legally achievable due to restrictions imposed by the Local Government Act 1993 under section 45; ‘A Council has no power to sell, exchange or otherwise dispose of Community land’.

2. The proposal may be legally achievable if the land was alternatively reclassified from ‘community’ to ‘operational’ land which would allow BVSC to transfer the land to the proposed Twyford Trustee entity; however, the Trust cannot be discharged as part of the reclassification process. This would involve significant costs and staffing resources as an application to the Minister would have to be made, and if supported, amendments to the Local Environmental Plan would have to be undertaken. Furthermore, advice from the Supreme Court and recommendations from Senior Counsel should be sought to exempt BVSC’s personal liability and indemnity.

3. There is no guarantee such a proposal would be supported by the Minister as the application would need to involve a public hearing process which may expose community objection to the proposal. Such a process is also likely to impose substantial costs with a prospect of there being no result.

4. If supported by the Minister, the title transfer would have to be conditioned by covenant on the basis the land is used for the benefit of the public and managed by Twyford Trustee under a separate trust instrument. This process also comes at a financial cost, and due to uncertainties in the trust documents, advice from the Supreme Court and recommendations from Senior Counsel should be sought. It should be noted the terms of the THI instruct:

to, ‘provide a place of public entertainment, social functions, meetings, the delivery of lectures, church services and for such other purposes as the management committee may from time to time decide.’

5. If required, any redress by Council through seeking enforcement of non-compliance to the terms of an amended trust deed which assures the land remains available for public use is likely to come at a cost.

6. The process noted above can take 12 – 18 months to finalise

7. Lindsay Taylor Lawyers have reviewed historical records provided by THI and support the view that a Trust does exist over the land and that BVSC is the current Trustee. The legal advice has also confirmed that the existing Trust Deed and Hall Constitution permit the trustee to sell the assets and that the Trust may be discharged upon divestment and a new Trust created. The Hall Constitution can be amended at any time with the formal consent of Council. Notwithstanding, this does not change the legal requirement that Council cannot transfer ownership or trusteeship status while the tenure is classified as ‘community’ land.

Purported Benefit 1 - Deductible Gift Recipient (DGR) status

1. ‘Removal of some barriers to allow THI to register with the Federal Government’s Attorney General Office as a Deductible Gift Recipient (DGR). This in turn would help to encourage philanthropic donors to provide more support.

Comment: Other community organisations such as Quaama Men’s Shed Incorporated have succeeded in achieving DGR status with their control over the land being limited to a licence agreement. Evidence accounting for why THI cannot receive DGR status under their current Deed of Management terms has not been disclosed.

Purported Benefits 2 and 3 – Reduced Liabilities to Council

2. ‘Assist Council to limit legal and management costs’.

3. ‘That Council’s liabilities on its asset register would be reduced by $27,500 on an annual basis’.

Comment: Under the current Deed of Management arrangement, BVSC bears no cost for operating and maintaining the facility as these costs continue to be borne by THI. The only economic impact to BVSC has been of an accounting nature where an allocation for depreciation has annually been recorded on Council’s Asset Register at an approximate paper value of $27,500.

Purported Benefit 4 – Improved governance reasons

4. ‘It is believed that there are sound governance reasons why an independent trustee would better serve all interest’.

Comment: Evidence accounting for the above stated benefit is yet to be disclosed.

Purported Benefit 5 - overseeing the governance accountabilities Twyford Theatre new works package.

5. ‘BVSC is potentially exposed to partly overseeing the governance accountabilities relating to the procurement and delivery of the $7.4m Twyford Theatre new works package’.

Comment: This is correct and officers have discussed this with THI representatives. This accountability has been raised in previous reports on this matter. At this stage THI have yet to finalise an agreement with the State to fund the $7.4m proposed Twyford Theatre extension it is due as Proprietor Trustee, BVSC is required to give land owner’s consent. BVSC needs to accordingly define its interests in the project and to then negotiate its position in relation to its responsibilities and accountabilities in delivering the proposed construction works.

Council officers advise that if BVSC were to absolve itself of any responsibility associated with delivering the construction works, then a key advantage for Council in transferring trusteeship would be successfully negated. Council have been clear in previous discussions there is to be no cost to Council for the construction of the Theatre project.

Social / Cultural

No evidence has been provided by THI which verifies there is any social or cultural merit for the THI proposal to change Trustee arrangements.

Attachments

1 ⇨. Twyford Trusteeship Proposal 2018 (Councillor Only)

2 ⇨. Lindsay Taylor Lawyers - Twyford Hall Legal Advice Report 1 (Councillor Only)

3 ⇨. Lindsay Taylor Lawyers - Twyford Hall Legal Advice Report 2 (Councillor Only)

Council 10 October 2018

Item 10.2

10.2. Fees and Charges for Children's Services in 2019

Updated fees and charges are proposed for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool in 2019, and these are required to be publicly exhibited before they come into force in January 2019.

Director Community, Environment and Planning

Officers Recommendation

1. That Council note the report.

2. That the proposed changes to fees and charges for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool be placed on public exhibition for 28 days following the Resolution.

3. That if no submissions are received, the fees and charges for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool will be taken as adopted.

Executive Summary

In July 2018, the Commonwealth Government introduced the New Child Care Package, a reformed long day care structure that links childcare subsidies to the amount of work, study or training that a family engages in. Due to the uncertainty around how these funding reforms would impact Bega Valley Shire Council’s Children’s Services during the budget process for 2018/19, fees and charges for long day care programs were only set from July to December 2018. Fees from January to June 2019 were due to be set at a later date once the impacts of the funding reforms were better known.

This report proposes new long day care fees from January to June 2019 to ensure the sustainability of Eden Childcare Centre and Bandara’s Long Day Care program under the New Child Care Package. The report also proposes changes to Eden Preschool’s fees in recognition of the changed service model of the preschool from 2019. Council proposes a fee increase of $2 per day to children enrolled at Eden Preschool to cover costs of daily cooked meals, a new feature of the preschool program.

The fees and charges proposed for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool will, once adopted, come into effect from 1 January 2019 and remain in place until 30 June 2019. The fees and charges are attached for the consideration prior to public exhibition.

There will be no changes to fees for:

· Sapphire Mobile Preschool

· Bandara’s Preschool program (state-funded)

· Bandara’s after-school care program

Background

The Commonwealth Government’s new Child Care Package, introduced on 1 July 2018, implemented a new model of long day care service provision that significantly impacted some families and businesses. Under this package, families who participate more in approved work, study or training are eligible for greater amounts of subsidised care than families who do not participate in these activities. The reforms have affected the level of subsidy that families receive, with some families incurring more financial benefit and others being more disadvantaged under the reforms. Council’s transition to the new Child Care Package has been very difficult, and has required a much higher level of staff resourcing to navigate software systems, enrolments and data collection.

Council normally sets all Children’s Services fees and charges at the start of the financial year. Long day care fees usually rise every 6 months, whilst the fees for preschool usually remain the same for 12 months. In this financial year, due to uncertainty surrounding funding reforms, Children’s Services initially only set long day care fees and charges from July to December 2018. This report proposes new long day care fees from January to June 2019 that reflect the resourcing needs of Children’s Services in order to remain cost neutral.

The report also proposes changes to Eden Preschool’s fees in light of the service’s co-location with Eden Childcare Centre in January 2019. In the merged service, children enrolled in preschool will receive daily cooked meals. The proposed preschool fee increase of $2 per day to children enrolled at Eden Preschool will support this new feature. This preschool service and pricing structure matches that of Bandara’s preschool program, where enrolled preschool children also receive daily cooked meals with a $2 surcharge.

Options

Council may consider the option of not imposing a fee increase for Eden Childcare Centre, Bandara’s Long Day Care Program and/or Eden Preschool from January 2019.

Choosing not to increase fees at any services would create a deficit of approximately $45,000 over six months. Whilst the Children’s Services reserves could be used to address a deficit, this approach is unsustainable and therefore unadvisable.

Community Engagement

Consultation undertaken

Nil to date.

Consultation Planned

This report places the relevant changes to Council’s fees and charges schedule on public exhibition. Public exhibition will include documents being available at all of Council’s Children’s Services and online.

The families attending Eden Childcare Centre, Bandara’s long day care program and Eden Preschool will be informed in writing once fee changes have been implemented. Families using Council’s long day care programs are already accustomed to regular six-monthly price changes.

Council consideration of input

Community feedback will be considered by Council prior to adoption of the fees and charges in November 2018. If no submissions are received, the fees and charges for Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool will be taken as adopted.

Financial and resource considerations

The increases to fees at Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool are proposed to assist each service to achieve an annual balanced budget. If fee increases are not imposed, Children’s Services will incur a deficit of approximately $45,000.

Legal /Policy

Under the Local Government Amendment (Planning and Reporting) Act 2009, Council is required to publicly exhibit fees and charges for a period of 28 days.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The fees and charges collected in relation to Eden Childcare Centre, Bandara’s Long Day Care program and Eden Preschool will go towards the daily operations of these services.

Maintaining cost neutrality will help ensure long term sustainability of Council’s Children’s Services and thus subscribes to a key goal within the Children’s Services Action Plan 2016–2021.

Risk

Cost neutrality was identified as a key risk and priority area for Children’s Services by Crowe Horwath accountants in their May 2018 report, Financial Assessment of Externally Funded Programs, when an investigation was undertaken as to the financial viability of Council’s community service programs. The proposed fee increases provide a solution to achieve cost neutrality in the current financial year.

Social / Cultural

Whilst it is usual for Council’s long day care fees to rise every six months, fee increases may impact childcare affordability for certain community members. Council’s Children’s Services can in some cases reduce financial pressure to families by providing specific support such as Indigenous Advancement Strategy subsidies, or applying for Commonwealth Additional Child Care Subsidies however some families may be ineligible for these additional benefits.

Attachments

1 ⇩. Proposed Changes to Children's Services Fees and Charges from January 2019

Council 10 October 2018

Item 10.3

10.3. Tathra and District Fire Recovery and Resilience Grant Program Round 1

Applications received for Round 1 of the Tathra and District Recovery and Resilience Grants have been assessed and allocations are presented for resolution by Council.

Director Community, Environment and Planning

Officers Recommendation

1. That Council note the report.

2. That Council award Tathra and District Recovery and Resilience Grants as follows:

(Insert Amount)

3. That officers advise all applicants of the outcome.

Executive Summary

The Tathra and District Recovery and Resilience Grants program has a total pool of $50,000, with $25,000 available for distribution in Round 1. Non-incorporated groups and individuals were eligible apply for funds of up to $1,000 and incorporated groups were eligible to apply for funds up to $5,000. Applications for Round 1 closed on 9 September 2018, with nine applications being received.

Background

The Tathra and District Recovery and Resilience Grants Program were funded by the Department of Justice and delivered by Council in response to the March 2018 bushfires.

The grants program aims to support individuals and groups to hold activities in their local communities which connect residents with their support networks, foster social cohesion, build resilience and enhance community wellbeing. The grants add to the work already undertaken by community members and volunteers by supporting activities which, without funding, may not otherwise proceed.

Assessment of round 1 applications

Nine applications were received totalling $16,499.

All applications were assessed against the grant criteria by a panel which included Community Development staff, Tathra and District Recovery Support Service staff and an independent member (Red Cross). Assessment criteria included whether the proposal:

· was led by an individual or group from Tathra or district

· will be delivered in Tathra or the district

· responds to a need, gap or opportunity relating to recovery and resilience after the March 2018 bushfires

· promotes community and individual healing, wellbeing and disaster resilience

· improves resident and visitor experience in Tathra and district

· has demonstrated community support

· shows innovation and leadership

· can be completed by 2020

· does not duplicate any existing activity, project or service,

· encourages diverse participation, benefits a broad range of people

· is free for participants

Of the nine applications received, three were found to be ineligible. Six applications scored highly against the criteria and are recommended for funding.

Eligible individuals and groups will receive feedback on their submissions and will be encouraged and supported to submit an application to Round 2 of the Grants.

Options

The funds to support the grant program have specifically been received by Council to redistribute to the Community via the grants program. They are not able to be used for other purposes.

Community Engagement

The grant round was open for three weeks. Advertising commenced in mid- August with a media release. The grants were featured in Council’s social media, Council news and website, promoted by Tathra and District Recovery Support Service, by local service providers and at public meetings. Feedback from community members on the application process was largely positive, although suggestions for improvements have been made and will be incorporated into future rounds. Feedback from some individuals suggested that a longer application period would be beneficial.

Financial and resource considerations

Tathra and District Recovery and Resilience Grants are fully grant funded.

Funding source		Amount
NSW Dept. of Justice.	$	50,000

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Tathra and District Recovery and Resilience Grants directly align with strategic outcomes in the Liveability section of the Bega Valley Community Strategic Plan 2030; Goal 1 We are a cooperative, caring and enjoy a culturally rich community life. They address actions identified in the Revised Delivery Program 2017 – 2021; deliver programs that build the wellbeing, resilience and strength of communities, and the Operational Plan 2018 – 2019; assist the Tathra and district communities with activities and initiatives that assist in the bushfire recovery processes.

Social / Cultural

The Tathra and District Recovery and Resilience Grants aim to connect residents with their support networks, build resilience and enhance community wellbeing. A number of the proposed activities include a cultural component and all contribute to an inclusive and cohesive community.

Attachments

1 ⇨. Tathra and District Fire Recovery Grants Recomendations Summary (Councillor Only)

Council 10 October 2018

Item 11.1

11.1. Electric Vehicle Charge Point Project

Bega Valley Shire Council has been working with the NRMA to develop an electric vehicle charge point in the Shire. This report provides an update to this project and seeks authorisation to finalise license arrangements.

Director Business and Governance

Officers Recommendation

1. Note the progress on the electric vehicle charge point project.

2. Authorise the General Manager to sign a Licence to Occupy (LtO) for the installation of a fast charging system at a preferred site in Bega.

3. Authorise the General Manager to continue further discussions with NRMA and / or other stakeholders to introduce appropriate electric vehicle charging stations elsewhere in the Shire.

Executive Summary

The transition to electric vehicles (EV) is gathering pace throughout the world and with it comes the demand for infrastructure that enables motorists to plan their journeys in the same way they do with the traditional internal combustion vehicles. Councils across NSW have been engaging with the NRMA to help roll out a network of fast EV chargers to support an accelerated rollout of this technology.

Through the adoption of the Operational Plan 2018/19, Council officers have been working with the NRMA to develop a fast EV charge point in the Shire that meet the following criteria:

· Within a viable distance of other NRMA EV charge points (Cooma and Batemans Bay/Narooma)

· Located within towns, close to services and amenities and ideally works with local government

· 24hr accessibility, with good signage, lighting and safety features

· Efficient build costs and connection to grid capacity

· Creates an attraction within a regional community acting as a catalyst for visitation and economic activity

The NRMA EV fast charge project is seen as an excellent model in which Council can provide leadership and enabling resources that support tourism, economic development and environmental outcomes.

Background

The transition to EV is, in the view of NRMA, increasing as is the demand for infrastructure that enables motorists to plan their journeys in the same way they do with the traditional internal combustion vehicles. NRMA have advised of some recent international policy announcements include:

· 2016, the Dutch Parliament supported banning the sale of petrol and diesel cars from 2025; The Norwegian Government followed suit and, in June 2017, India announced it would no longer allow the sale of new petrol or diesel cars by 2030.

· July 2017 both France and the United Kingdom announced that petrol and diesel vehicles would be banned from sale by 2040.

· July 2017 Volvo announced that every one of its cars launched from 2019 would have an electric motor.

· Jaguar Land Rover has pledged that every new model line will be electric from 2020.

· Volkswagen Group, Daimler Group and BMW Group have committed investments in excess of $75 billion to develop electric cars.

The EV fast charger project with NRMA seeks to position the Shire with regards to this change of fuel technology and showcase the Shire to potential tourists and future EV owners as a place to visit.

In terms of arrangements with NRMA, these include:

· NRMA deliver a universal charging mechanism to suit most EVs (unlike Tesla chargers which only suit these EVs).

· The procurement, delivery, installation, operation and maintenance of the EV charging systems is at no cost to Council.

· NRMA Members receive free charging with other EV car users paying a nominal charging fee.

· NRMA offer the opportunity to data share and allow Council to access information relating to journeys into and around the Shire by EV owners.

· NRMA offer marketing initiatives with the inclusion of the Bega Valley Shire Council brand on NRMA supplied EV Charging Systems.

· NRMA will consider additional EV chargers in the Shire over time that support broader regional network and touring routes.

· Council provides an appropriate car park space for 5 years with another 5 year option, on a peppercorn lease. The car space will be appropriately signed and designated for EV’s.

Community Engagement

Consultation undertaken

Council officers have spoken to the Bega Chamber of Commerce and they are supportive of a charge point in Bega. Officers have also engaged with Destination Southern NSW regarding opportunities to expand the network of EV chargers to other locations in the Shire and the strong links to touring routes and tourism provided by the project. DNSW are supportive of the project and the potential benefits that EV charging routes can provide for regional tourism.

Consultation Planned

As other EV charger opportunities emerge, Council officers will facilitate discussion and engagement with a range of other local stakeholders.

Financial and Resource Considerations

NRMA have committed to meet all infrastructure installation, operation and maintenance costs for the project and will also remove the EV charger at the end of the agreement. Council is to provide a peppercorn lease of a car park space over a 5 + 5 year period. Council may be asked to provide minor incidental costs such as planning, marketing / touring route promotion if considered a requirement to successful delivery.

Legal /Policy

Council is required to sign a License to Occupy (LtO) with the NRMA. Current investigations have identified 3 potential single car parking sites that are either Council owned land or in a Council road reserve. Only one (1) site will be developed for a single (1) car space at this time. The three sites currently being investigated are:

· Gipps St Car Park opposite Club Bega (Council owned land)

· Car parking area next to Dan Murphy’s (Gowing Lane) – this would be the creation of a new, formalised car park space next to the existing disabled car park space, which will be retained.

· Target/Coles car park (Council owned land leased to Coles)

NRMA are seeking approval to develop one car park space at one of these sites (not all three). As there are other investigations required (e.g. sufficient power connection and leasing arrangements) it may emerge that one or more of the sites becomes technically unviable. By having other options available now, as listed above, Council will be able to progress this project in a reasonable time period.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of an EV charge point with the NRMA is in the 2018/19 Operational Plan under Economic Development.

Environmental / Sustainability

This project strongly compliments Council’s environmental and sustainability programs through the reduction of greenhouse emissions.

Economic

This project presents Council with the opportunity to support regional tourism driving routes and for EV owners to have confidence in their ability to visit the Shire. Through NRMA there will be the opportunity to promote the Sapphire Coast / South East through the NRMA’s member database and marketing publications.

Risk

The NRMA is a reputable member based organisation with a long history. The funds for the EV charger roll out are part of their social dividend program. The arrangement with NRMA will see the removal of the EV charger at the end of its useful life, with the site made good, at no cost to Council.

Attachments

Nil

Council 10 October 2018

Item 12.1

12.1. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 5 September 2018.

Director Assets and Operations

Officers Recommendation

That Council adopt the following recommendations of the Local Traffic Committee:

189.SE.054 Remembrance Day 100 year Commemoration

Recommendation

1. That the proposed traffic arrangements for the Bega RSL Sub Branch Remembrance Day March and Service be approved and deemed a Class 2 Special Event.

2. That sections of Council roads at Gipps Street and Carp Street in Bega be temporarily closed on Sunday, 11 November 2018 for the Bega RSL Sub Branch Remembrance Day proceedings, as per the Traffic Control Plans.

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

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

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

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

189.SE.055 Christmas on Imlay Street December 2018

Recommendation

1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.00 p.m. to 9.00 p.m. on Thursday 13 December 2018 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

2. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday 13 December 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

7. That the event achieves all conditions of Council’s Use of Public Land approval.

189.SE.057 New Years Eve Fireworks December 2018

Recommendation

1. That the proposed event in Merimbula on 31 December 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

6. That the event achieves all conditions of Council’s Use of Public Land approval.

189.SE.060 Eden Whale Festival November 2018

Recommendation

1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 9am to 10am on Saturday 3 November 2018.

2. That, subject to conditions, Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10am on Saturday 3 November 2018.

3. That, subject to conditions, Hosies Road and Aslings Beach Road (between Bass Street and Barclay Street), be temporarily closed between from 10:30am on Saturday 3 November 2018.

4. That, subject to conditions, Aslings Beach Road, Eden be temporarily closed between the intersections of Lake Street and Barclay Street from 10:30am on Saturday 3 November 2018.

5. That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Wave Street and Aslings Beach Road from 11:30am to 1:00pm on Saturday 3 November 2018.

6. That, subject to conditions, Imlay Street, Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street between 8.00am and 2.00pm on Sunday, 4 November 2018 for the Eden Whale Festival Hot Rod Show and Shine car display and wood chop event.

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

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

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

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

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

12. That the event achieves all conditions of Council’s Use of Public Land approval.

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council. Local Traffic Committees operate under delegation from NSW RMS who is responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.

Attachments

Nil

Council 10 October 2018

Item 12.2

12.2. Weekly kerbside collection for holiday accomodation

Proposed exception to fortnightly garbage collection service for multi-unit holiday accommodation receiving FOGO services.

Director Assets and Operations

Officers Recommendation

1. That multi-unit holiday accommodation complexes are provided with the option of a modified standard collection service.

2. The modified standard collection service for multi-unit holiday complexes comprises 140l weekly red (landfill) bin, 240l fortnightly yellow (recycle) bin and 240l weekly green (FOGO) bin.

3. The modified standard collection service for multi-unit holiday complexes is applied consistently to all units within the complex at the written request of the Strata Manager or equivalent.

4. That Council supply stickers to distinguish weekly collected garbage bins for multi-unit holiday complexes.

Executive Summary

It is recognised within the waste management sector that multi-unit dwellings (MUDs) present particular challenges for the introduction of FOGO collections in comparison to single unit housing. Council has a large number of MUDs which are marketed primarily for the purpose of holiday accommodation. The barriers and challenges to the implementation of FOGO at holiday accommodation MUDs that are well documented include:

· Differences from people’s ordinary practices at home (including visitors from overseas)

· Difficulty in educating short stay visitors on how to use the services properly

· Contamination rates increase in holiday periods nominally due to lack of care or understanding

· Currently complex managers advise that much sorting needs to occur as it stands, so moving to fortnightly garbage collection with FOGO may be onerous for complex managers.

· Sharing bins means that complex managers are unable to identify and educate problem tenants/holiday makers.

· Contamination rates from MUDs are likely to be high and result in higher process costs to Council

Holiday MUD operators are generally supportive of FOGO, however the feedback from consultation was that the change to fortnightly garbage would probably limit the successful transition to FOGO in their context. It is therefore proposed to provide a modified standard service to those premises on request.Background

Council resolved to introduce a FOGO collection service to residential premises in 2017, and FOGO collections are due to commence on October 29 2018. Council recognises it has high concentrations of MUD development in tourism areas including Merimbula, Bermagui and Eden. The Council waste team consequently undertook consultation sessions specifically for holiday MUD operators.

As a consequence of this consultation, it is proposed to offer MUDs that are primarily marketed toward tourist accommodation, a modified domestic waste service which includes a weekly garbage collection rather than the standard fortnightly garbage collection under FOGO. Options

After consulting with managers of holiday accommodation complexes, a number of options were considered including:

Option	Consideration
Provision of a Council commercial waste service (includes weekly garbage) in place of the standard domestic service	MUDs are rated as “residential” and must be charged for domestic waste services where they are available. FOGO is not mandatory for commercial premises, and removing FOGO would defeat the ability to divert organic waste from those premises.
Increase size of garbage bin from 140L to 240L and retain fortnightly collection frequency	Did not address substantive issue of concern regarding contamination and odour. Also would require significant bin changeover cost.
Adopt a private commercial service direct with a contractor	No impediment to this however such a service would need to stand alone from BVSC provided service including provision of a second set of “private commercial” bins in space constrained environment. BVSC domestic waste charges would remain in place resulting in high cost to MUDs.
Retain the status quo service (weekly red, fortnightly yellow, and four weekly green).	Four weekly is not a suitable frequency for FOGO collection and therefore food waste could not be diverted under this option.
Offer weekly garbage service from December to January	Switching the service off-and -on, and communicating changes perceived as difficult.
Make a weekly garbage service available as a modified MUD service, including fortnightly recycling and weekly FOGO upon written request from strata/complex manager	Preferred option, as relatively simple to deliver, acknowledges specific problems associated with holiday units but retains FOGO to be developed and promoted at these premises.

Community Engagement

Consultation undertaken

Council undertook 13 drop-in sessions over a four week period to identify the concerns holiday MUD managers have with the introduction of FOGO. The drop-in sessions were held at: Bermagui Library; Tathra Beach House; Bega Civic Centre; Eden library; and Merimbula Regional Learning Centre. Over the period approximately 100 holiday accommodation managers and residents attended the drop-in sessions, representing approximately 2000 dwellings.

While the feedback for the introduction of FOGO was positive from all attendees, there was a genuine concern from some accommodation managers; particularly in the Merimbula area that a fortnightly red (landfill) bin collection would not be adequate.

Council consideration of input

The proposed modification of the standard FOGO service is intended to acknowledge the problems that holiday MUD managers may face, while also acknowledging MUD operators’ willingness to support FOGO for its environmental benefits.

A specific “MUD Pack” will be developed for holiday MUD managers to assist in educating guests on FOGO usage.

Financial and resource considerations

Council has adopted waste collection charges within its 2018-19 Revenue Policy. A weekly garbage collection option has been adopted by Council and it would not be necessary to formally reconsider waste charges under the proposed option.

A weekly garbage collection would be supplied at an additional cost per unit of $71.24 per annum pro-rata in 2018-19 in comparison to the standard residential service.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The introduction of FOGO is a significant initiative under Council’s Waste Management Strategy. FOGO is more effective at diverting organic waste from landfill when accompanied by a reduction in the garbage collection frequency from weekly to fortnightly. However, this report advocates a minor compromise on garbage collection frequency given the specific circumstances of multi-unit holiday accommodation, whilst ensuring FOGO is provided at these premises.

Attachments

Nil

Council 10 October 2018

Item 12.3

12.3. Proposed new road names

A Development Application has been approved for a new subdivision in South Pambula and Council has received an application from the developer to formally name the new road associated with the subdivision, Erle Place. Council has also received a request to add names to its register for future use.

Director Assets and Operations

Officers Recommendation

1. That the report be noted.

2. That Council approve the proposal to name the new road located off Mount Darragh Road in South Pambula as Erle Place.

3. That Council advertise the proposed name in local media, inviting submissions to the proposal.

4. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

5. That authority be delegated to Council officers to submit the following road names to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Bega Valley Local Government area, as approved by the Council Delegate:

a) William Dawes

b) Empire Gladstone

c) Eggins

d) Lynch

e) Maizena

Executive Summary

Council has received an application to formally name a new road associated with an approved subdivision under Development Application (DA 2016.237). In accordance with Council’s Road Naming Procedure 4.04.1 all new road name proposals are to be reported to Council seeking approval to advertise the proposed use of the road name.

In addition, Council has also received a number of suggested road names from the Merimbula Historical Society for pre-approval and reservation for future use within the Bega Valley Local Government area.

Background

The new road will serve as the main point of access to the subdivided land parcels located off Mount Darragh Road in South Pambula. This road will be dedicated to Council upon registration of the Plan of Subdivision and Council will take over care and control of the road once constructed by the developer and the mandatory maintenance period has been completed. The name proposed is Erle Place which was suggested to Council by the developer for its historical connection with the Robertson family, who were important to the early development of the Pambula district.

Erle Robertson was the father and father-in-law of the developer. Erle farmed land at Honeysuckle Creek, Wyndham and provided cream to the former Pambula Co-operative Creamery Dairy Co Ltd from approximately 1940 until its closing. The new road is located approximately 200m west of the former Pambula Co-operative Creamery Dairy Co Ltd which is listed on Council’s local heritage register. Erle’s association with the Pambula district was around the dairy industry; however he was also a long standing member of the Pambula Agricultural Show Society until his death in 1985, he was a well-known and loved member of the community. The Merimbula Historical Society have a book written by Erle Robertson’s aunt, titled Honeysuckle Farm which gives an account of the Robertson’s families life and their contribution to the Pambula community. The suggested name may comply with Council’s Road Naming Procedure 4.04.1 under Road Naming Criteria (a)(ii) road names based on early explorers, pioneers, settlers and historical figures.

Council has also received the following names for pre-approval and reservation for future use within the Merimbula/Pambula area from the Merimbula Historical Society. The suggested names comply with Council’s Road Naming Procedure 4.04.1 under Road Naming Criteria (a)(ii) road names based on early explorers, pioneers, settlers and historical figures and (a)(iii) road names based on natural environment, marine, flora or fauna. It is therefore suggested these names be approved for future use within the Shire and added to Council’s pre-approved list of road names.

Suggested name	History
William Dawes	The SS William Dawes is the name of the American Liberty ship torpedoed off Turingal Head on 22 July 1942 during World War II. The survivors were rescued by local boats and brought into Merimbula Lake. It was a very significant wartime event with lasting relationships forged between local residents and the American survivors.
Empire Gladstone	Empire Gladstone is the name of the ship which was stranded off Haycock in September 1950. The stranding and salvage operation was a significant event and the wreck is now a tourist attraction.
Eggins	Henry Eggins was the Principal of the Merimbula Public School from 1890 to 1904. He played a significant role in the history of early education in the Merimbula area. Note: family members associated with Henry Eggins will need to provide their consent to the name being commemorated and the Merimbula Historical Society will be asked to seek their consent as the party suggesting the name.
Lynch	Jack Lynch was the Principal of the Merimbula Public School from 1951 to 1971. He played an important role in the community as well as in the school and is still remembered by many local residents. Note: family members associated with Jack Lynch will need to provide their consent to the name being commemorated and the Merimbula Historical Society will be asked to seek their consent as the party suggesting the name.
Maizena	The building fronting Market Street from the corner of Monaro Street south towards the hotel was the original location of a corn flour mill which operated from 1865 until 1917. The corn flour mill was named the Maizena and was run by the Munn family and provided significant employment in the district.

The Geographical names board (GNB) has reviewed all the names under GNB Guidelines for the naming of roads and there is no objection to their use.

Options

The proposed names comply with GNB Guidelines and as such there is no impediment to using these names; however Council may choose not to accept the applicants suggested road name or the suggested names from the historical society. It has that option.

Community Engagement

Consultation undertaken

Council have consulted with the applicants and the Merimbula Historical Society regarding the proposed road name of Erle Place to verify the history of the name being commemorated. In accordance with Council’s Road Naming Procedure 4.04.1 the family members/applicants have provided their written consent to the use of the name.

Consultation Planned

The proposed road name of Erle Place will be advertised in local media, allowing for period of 28 days for submissions to be received. If no objections are received, the GNB will be advised to arrange gazettal. If any objections are received, a further report will be presented to Council.

Financial and resource considerations

Under Council’s fees and charges, the road naming application fee has been charged which covers all costs associated with the road naming process. Council’s Property officers will be required to complete the public notification process.

Legal /Policy

In accordance with Council’s Road Naming Procedure 4.04.1 the naming of the Shire's roads is pursuant to the provisions of Section 162 of the Roads Act 1993 (NSW) and the Geographical Names Boards’ NSW Address Policy adopted in March 2015.

In accordance with Division 2 clause 7 of the Roads Regulation 2018 (NSW) which commenced on 1 September 2018 Council is now able to publish notice of a road naming proposal on the Council website rather than in a local newspaper.

Attachments

1 ⇩. Newspaper notice regarding Erle Robertson

Council 10 October 2018

Item 12.4

12.4. Short Point Viewing Platform Renewal

This report seeks approval for the detailed design of the replacement viewing platform to be constructed at Short Point, Merimbula.

Director Assets and Operations

Officers Recommendation

1. That Council approve the attached detailed design documentation for the replacement viewing platform at Short Point.

2. That Council considers and endorses the proposed approach to the review of future design elements for works to be carried out under the Short Point Coastal Accessibility Plan.

Executive Summary

This report seeks approval for the detailed design of the replacement viewing platform to be constructed at Short Point, Merimbula.

The background leading to the provision of detailed viewing platform design drawings for final Council approval is outlined. Also summarised within this report are community engagement activities undertaken to date and planned in the coming months, financial considerations, strategic alignment of the project, environmental considerations, economic benefits, risk identification and social / cultural considerations.

The report also outlines three recommendations for consideration and resolution.

Background

Council’s review of the August 2017 report “Short Point – Coastal Accessibility Plan Review” included the following two Resolutions, impacting the proposed viewing platform renewal element:

· Investigate replacing the current viewing platform with a smaller and purpose built observation platform for the strict purpose of being an area used by the SLSC and also storage options (Resolution item 3); and

· That before work proceeds on any aspect of the Masterplan, detailed design drawings are put on public exhibition for at least four weeks, with specific consultation and approval from Council’s Accessibility Committee; and plans are presented at a Council meeting for final approval (Resolution item 5).

The purpose of this report is to outline the actions taken to address the above Resolutions, and to present the design for final approval.

A smaller, purpose built viewing platform has been investigated. Two options incorporating storage and fitting the location of the existing platform were prepared. These options were issued to the project stakeholder group (including members of the Access and Inclusion Advisory Committee) and placed on public exhibition via Council’s “Have Your Say” web page for four weeks.

The second option prepared, which provides a closer connection to the existing concrete beach access steps, was preferred through the exhibition period. Subsequently Andrew Marshman Engineers of Merimbula were engaged to produce structural engineering drawings to enable construction quotations to be sought.

Community Engagement

Consultation undertaken

Design drawings outlining two viewing platform layout options were issued to the project stakeholder group including members of the Access and Inclusion Advisory Committee. These drawings were also placed on public exhibition for four weeks between 12 April 2018 and 10 May 2018. Public exhibition was via Council’s “Have Your Say” web page and incorporated a short poll requesting feedback on preferred layout option and comments on potential shower locations.

Consultation Planned

Upon appointment of a contractor and confirmation of construction timing, notifications will be issued to the project stakeholder group, Access and Inclusion Advisory Committee, Councillors and also the public.

Council consideration of input

In accordance with the Council Resolution outlined above, Council have directed that detailed design drawings are presented for final approval in a Council report following public exhibition and Access and Inclusion Advisory Committee consultation.

While acknowledging and understanding the August 2017 Resolutions with respect to Short Point, one of the recommendations for this report is that Council considers removing this requirement from future aspects of works under the Short Point Coastal Accessibility Plan. This recommendation is based on detailed design presentation for final approval at a Council meeting not being carried out as normal practice; and given that separation of project elements and staged design and construction timing of each will result in multiple reports.

As an alternative, it is proposed that as designs are completed for each element they are put on public exhibition (timeline commensurate with scale) and concurrently issued to the Access and Inclusion Advisory Committee and Councillors for review and comment.

Financial and resource considerations

Initial estimates for the viewing platform are $40,000.00; with this amount to be funded via the sources identified in Table 1 below. A Request for Quotation (RFQ) process will be conducted in accordance with Council’s procurement procedure to engage a suitably qualified contractor to carry out construction works.

Funding source		Amount
NSW DPI Shark Observation Grants Program	$	30,000.00
BVSC Co-contribution	$	10,000.00

Table 1 – Project Funding

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The overarching Short Point Coastal Accessibility Project – of which the viewing platform renewal is a component – aligns with numerous strategic documents:

· Community Strategic Plan (CSP). Feedback received for Merimbula in response to the “Understanding Our Place” community engagement process included “improved community facilities”. This engagement process subsequently informed the CSP, which includes an active and healthy community goal of access to good quality recreation facilities.

· Delivery Program and Operational Plan 2018-2019. Includes activities to design and deliver elements of successful Coastal Accessibility Plan grant applications.

· Council’s Infrastructure Prospectus. Outlines the planned improvements to Short Point with respect to improving access and facilities at key coastal sites.

· Leisure and Recreation Asset Management Plan, June 2017. Identifies renewal of raised platforms at Short Point within the next 5 years.

Environmental / Sustainability

Elements of the viewing platform renewal, particularly the steps on the western side and associated path connection to the existing beach access steps, will help stabilise the embankment surrounding the platform. Relocation of the showers away from the platform will also reduce erosion impacts on the embankment, and as an additional benefit will eliminate water flow under the platform and structural post waterlogging which is currently impacting the existing platform.

Economic

Provision of quality recreation infrastructure at Short Point directly aligns with the coastal access project component of Council’s Infrastructure Prospectus; the Prospectus supports NSW’s target to double overnight visitor expenditure by 2020.

Risk

Aside from cultural heritage risks, which have been identified and addressed (refer Social / Cultural section below), and standard construction risks which will be captured in the appointed contractors WHS documentation, no notable risks are posed by the project.

Social / Cultural

Short Point is a culturally significant site. As such an Aboriginal Cultural Heritage Assessment Report (ACHAR) has been prepared and an Aboriginal Heritage Impact Permit (AHIP) obtained via the Office of Environment and Heritage (OEH). The conditions of the AHIP cover the works proposed in the Short Point Coastal Accessibility Plan.

Attachments

1 ⇩. Short Point Viewing Platform Renewal - Structural Engineering Drawings 19/09/2018

2 ⇩. Short Point Viewing Platform Renewal - Architectural Drawings 25/09/2018

Council 10 October 2018

Item 12.5

12.5. Waste Management Strategy 2018-2028

Report seeks Council adoption of a 10 year Waste Management Strategy.

Director Assets and Operations

Officers Recommendation

That Council adopt “Recycling the Future: Waste Management and Resource Recovery Strategy 2018-28” as the key document to guide Council’s initiatives in waste management over the next 10 years.

Executive Summary

Waste management has received unprecedented public interest over the past 12 months. Major challenges in the recycling market, growing quantities of consumer waste, and impacts on the natural environment have combined to focus government, media, regulators, industry and the community on potential solutions to the array of problems associated with the management of waste.

The Strategy contains 19 initiatives summarised as follows:

· Deliver a combined Food Organics Garden Organics (FOGO) service to replace the existing garden organics service.

· Build new processing facilities at key locations within Council’s facility network to recycle clean soils, concrete, brick and tiles, and sort and recycle mixed building waste.

· Investigate construction of a new sorting facility (MRF) within a new Resource Recovery Park for household and business waste, including a facility for processing materials such as mattresses and e-waste.

· Increase sorting of domestic and light vehicle commercial waste at existing transfer stations.

· Develop further the popular Tip Shops.

· Review the suitability of Council’s waste facility network to meet the waste management needs of the community into the future.

· Reduce single use plastics in our community, support product stewardship schemes and increase local use of recycled materials to support the “circular economy”.

· Deliver ongoing community waste awareness and education to underpin the new Strategy.

Background

In early 2017, Council formed a Waste Strategy Working Group comprising officers, Councillors and community members to consider themes and develop initiatives that Council could implement to better manage waste streams to return more waste material to the economy, and provide greater local opportunity to participate in the sector.

Nineteen (19) initiatives were developed by the group with a further initiative relating to single use plastics being incorporated into the Strategy following a Council Resolution on the matter.

The 19 initiatives include:

1. Guide the community in reducing food waste

2. Promote reuse of discarded products and materials

3. Support reduction in single-use plastics

4. Introduce a food and garden organics kerbside service

5. Change kerbside bin collection frequencies

6. Reduce Commercial Waste

7. Sort and recycle construction and demolition waste

8. Develop a centralised Resource Recovery Park

9. Deliver a community waste awareness and education program

10. Increase recycling opportunities at transfer stations

11. Investigate innovative, reuse options for bulky wastes

12. Provide more Community Recycling Centres

13. Support the NSW Container Deposit Scheme

14. Support the Canberra Region Joint Organisation’s illegal waste dumping program

15. Investigate construction of a local, co-mingled recycling materials recovery facility

16. Develop the waste sites network and capital works program

17. Review operational services

18. Develop financial model to underpin new Strategy

19. Develop policy to support new Strategy

Community Engagement

Consultation undertaken

The Waste Strategic Working Group was formed in April 2017 and comprised seven members of the community, Waste officers and Councillors Griff and Dodds. Workshops were facilitated by waste management consultants Wright Corporate Strategy. The group met on four occasions and discussed the current and future potential of waste management in the Shire.

The strategic themes and initiatives were condensed into a publication “Recycling the Future”: Waste management and Resource Recovery Strategy 2018-2028. “Recycling the Future” was placed on public exhibition from August 27 to September 14, 2018. Despite some media releases and other media interest, no submissions were received.

Financial and resource considerations

Recycling the future has a number of significant initiatives with potentially significant costs and benefits. Each of these projects will be considered on its individual merits through normal Council processes and approvals.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Strategy “Recycling the Future” aligns with Council’s Community Strategic Plan (CSP) and the NSW EPA’s Waste Avoidance and Resource Recovery Strategy 2014-21.

Economic

A number of these strategic initiatives are intended to promote local opportunity to participate in waste stream management.

Attachments

1 ⇩. BVSC Recycling the Future Waste Strategy 2018 to 2028 Sept4v2.pdf

Council 10 October 2018

Item 12.6

12.6. Proposed lease for Pretty Point Bridge truss restoration

Council is seeking approval to enter into a Deed of Lease over a portion of Lot 311 DP 812818 for the purpose of constructing a compound to facilitate the Pretty Point Bridge truss restoration by the Wyndham Progress Association.

Director Assets and Operations

Officers Recommendation

That the General Manager be delegated authority to execute the necessary documentation to affect a Deed of Lease over Lot 311 DP 812818 for the purpose of constructing a compound to facilitate the Pretty Point Bridge truss restoration project.

Executive Summary

The Wyndham Progress Association Incorporated (the Association) with the support of Council has been successful in obtaining a heritage grant of $100,000 for the Pretty Point Bridge trusses to be relocated back to the Wyndham community.

The land owners of the property adjoining Pretty Point Bridge have provided in-principle agreement to lease a portion of their property to Council to support the Association to establish and operate the trusses restoration and display site.

Background

The NSW Department of Heritage and Environment has approved $100,000 in funding to implement the Pretty Point Bridge Truss Restoration, Conservation and Display Area project.

The 1896 Pretty Point Bridge trusses are currently remote from the heritage site and not publicly accessible. This project will return the trusses to the heritage place, to be secured, conserved, protected, and publicly displayed, so as not to preclude their future reinstallation on the bridge.

Pretty Point Bridge is listed in Schedule 5 of the Council's Local Environmental Plan. A 2009 Report on Timber Bridges of the Bega Valley classified the heritage significance of Pretty Point Allan Truss Bridge as exceptional.

The bridge’s proximity to the State listed, RMS-managed, New Buildings Dare Truss Bridge which is currently being renovated, results in increased heritage synergies, each one enhancing the other's significance.

The trusses have been previously relocated from Pretty Point Bridge to Bega and this project will return them to the site adjacent to the bridge to be conserved, restored and put on public display.

Restoration includes; replacement of missing parts, reassembly, repair and protective recoating of all timber, steel and cast-iron components. A secure conservation, restoration and display facility will be established on the land leased by Council from the adjacent land-owner, who has given detailed in-principle support.

Structural and heritage conservation consultants will assist in the development of a project work plan, including design of solid and secure supports to allow the trusses to be publicly displayed in a safe and stable manner as well as designing of a secure site for the conservation, restoration and display of the trusses and a public space for viewing the trusses.

Community Engagement

Consultation undertaken

The project is a community driven project and is to be managed by the Wyndham Progress Association.

A Memorandum of Understanding (MoU) is being prepared with the Association and the Council to set out how the parties intend to foster collaboration, cooperation and a framework within which the project is to be delivered.

Council officers have consulted with the Association and the adjoining land owners regarding the proposed lease and all interested parties have agreed to the proposal.

Consultation Planned

The Association will be the primary contact for any public or media enquiries relating to the work under the MoU. However, any planned media events, media releases or correspondence will be prepared in consultation with Council prior to release to any media channels.

Financial and resource considerations

Council have agreed in principle to be the lessee for the purpose of establishing the proposed lease and the grant funding will cover all costs associated with the lease preparation.

The Association have advised Council they have their own legal representation to prepare the lease documentation pro-bono.

However, Council’s legal representatives will be engaged to review the documents prior to execution by Council and those costs will be capped at $1,500.

The owners of Lot 311 DP 812818 have formally advised Council the lease fee will be $100 per year, payable annually in advance.

Council officers have been involved in negotiating the proposed lease and ongoing management of the lease agreement during its term will also require Council officer resources as required.

Legal /Policy

A lease has been determined the most suitable tenure arrangement as a lease enables exclusive use over the land for a specified term and purpose. In accordance with the Registrar General's directions when the lease affects part of a lot in a current plan it is necessary to provide a plan to define the land in the lease. To negate costs associated with survey and plan preparation the directions allow a plan of compilation annexed to the lease. A compilation plan can be prepared by Council officers and will give enough information to show the approximate size and shape of the property and proposed lease area.

A lease with a total term of five (5) years or less, does not constitute a subdivision in terms of Section 4B of the Environmental Planning and Assessment Act 1979 (NSW). Consequently as the prospered lease is for a period of five (5) years, subdivision consent is not required.

The lease must contain insurance and indemnity provisions and the Association has been advised they must hold public liability insurance for the entire duration of the lease to the minimum value of $20 million.

As the proposed lease is for a period of five (5) years a Resolution of Council is required to grant delegation to the General Manager to execute the documents under Section 377 of the Local Government Act 1993 (NSW)

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council resolved at its meeting on 25 October 2017 to continue to work with the Pretty Point Bridge Committee to promote and research the possibility of putting the trusses back on the new bridge in a manner that does not interfere with the operation of the bridge and reflects the heritage of the bridge.

Environmental / Sustainability

Economic

This project is being funded by the NSW Department of Heritage and Environment with a funding grant of $100,000 from HNM Heritage Activation Grants 2018-19 program.

Risk

There are no adverse risks associated with the proposed lease, as long as the use is authorised by way of a formal Lease Agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

Pretty Point Bridge has a high level of social/cultural importance, borne out by the sustained community effort and widespread local support to have the trusses returned to the site and conserved.

Attachments

Nil

Council 10 October 2018

Item 13.1

13.1. Gift Register - September 2017 to August 2018

Council is required to report on Council’s Gift Register under Council’s Code of Conduct.

General Manager

Officers Recommendation

That Council note the Gift Register activities between 1 September 2017 and 31 August 2018.

Executive Summary

Council’s Code of Conduct requires Councillors and Council officers to declare on Council’s Gift Register, any token gifts or benefits received during the course of their work/activities with Council.

The Register is maintained by Council’s Executive Assistants and a copy of Declarations made in the preceding 12 months is attached (Attachment 1).

Background

It is a requirement of the Office of Local Government, for all Councils to have a Gift Register and for this Register to be available for inspection.

Legal/Policy

The Model Code of Conduct for Councils in New South Wales, adopted by Bega Valley Shire Council states:

Personal Benefit

For the purposes of this section, a reference to a gift or benefit does not include a political donation or contribution to an election fund that is subject to the provisions of the relevant election funding legislation.

Gifts and benefits

You must avoid situations giving rise to the appearance that a person or body, through the provision of gifts, benefits or hospitality of any kind, is attempting to secure favourable treatment from you or from the council.

You must take all reasonable steps to ensure that your immediate family members do not receive gifts or benefits that give rise to the appearance of being an attempt to secure favourable treatment. Immediate family members ordinarily include parents, spouses, children and siblings.

Token gifts and benefits

Generally speaking, token gifts and benefits include:

a) free or subsidised meals, beverages or refreshments provided in conjunction with:

• the discussion of official business

• council work related events such as training, education sessions, workshops

• conferences

• council functions or events; and

• social functions organised by groups, such as council committees and community organisations.

b) invitations to and attendance at local social, cultural or sporting events;

c) gifts of single bottles of reasonably priced alcohol to individual council officials at end of year functions, public occasions or in recognition of work done (such as providing a lecture/training session/address);

d) ties, scarves, coasters, tie pins, diaries, chocolates or flowers;

e) prizes of token value.

Gifts and benefits of value

Gifts and benefits that have more than a token value include, but are not limited to, tickets to major sporting events (such as state or international cricket matches or matches in other national sporting codes (including the NRL, AFL, FFA, NBL), corporate hospitality at a corporate facility at major sporting events, discounted products for personal use, the frequent use of facilities such as gyms, use of holiday homes, free or discounted travel.

How are offers of gifts and benefits to be dealt with?

You must not:

• seek or accept a bribe or other improper inducement;

• seek gifts or benefits of any kind;

• accept any gift or benefit that may create a sense of obligation on your part or may be perceived to be intended or likely to influence you in carrying out your public duty;

• accept any gift or benefit of more than token value;

• accept an offer of cash or a cash-like gift, regardless of the amount.

For the purposes of clause 5.5(e), a “cash-like gift” includes but is not limited to gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internal credit, memberships or entitlements to discounts.

Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, this must be disclosed promptly to your supervisor, the Mayor or the general manager. The recipient, supervisor, Mayor or general manager must ensure that any gifts or benefits of more than token value that are received are recorded in a Gifts Register. The gift or benefit must be surrendered to council, unless the nature of the gift or benefit makes this impractical.

Improper and undue influence

You must not use your position to influence other council officials in the performance of their public or professional duties to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the appropriate exercise of their representative functions.

You must not take advantage (or seek to take advantage) of your status or position with or of functions you perform for council in order to obtain a private benefit for yourself or for any other person or body.

Attachments

1 ⇩. Record of Gifts received by Councillors and Council staff 1 September 2017 to 31 August 2018

Council 10 October 2018

Item 13.2

13.2. Classification of land acquired by Council

This report seeks approval to commence a public notification process to classify land recently acquired at Wirriga Street in Eden as operational land under the Local Government Act 1993.

Director Community, Environment and Planning

Officers Recommendation

That Council give notice of its intention to classify Lot 14 DP 843373 at Wirriga Street, Eden as operational Land under Section 34 of the Local Government Act 1993.

Executive Summary

It has recently come to the attention of Council’s Property officers that land acquired for the purpose of a State Emergency Services (SES) depot in Eden was not formally transferred into Council’s name.

This has now been rectified and a Council Resolution is sought to commence the public notification process required under Section 34 of the Local Government Act 1993 (NSW) (LG Act) to classify Lot 14 DP 843373 as operational land.

Background

Council resolved on 15 June 1999 to compulsory acquire Lot 14 DP 843373 at Wirriga Street, Eden off Crown Lands for the purpose of a SES depot. In the 1998/99 budget Council committed $25,500 to commence construction of a new SES depot when the opportunity arose for Council to compulsory acquire the old National Parks and Wildlife Service (NPWS) depot in Eden. At the time of acquisition, NPWS and Crown Lands agreed to waive compensation for the buildings and improvements on the land with compensation for the land only component based on the Valuer General’s assessment being payable for the acquisition. It was estimated in the report to Council the land value would be approximately $28,000 with a further $20,000 estimated for modifications and improvements to the existing depot. The acquisition was conditional upon SES meeting fifty percent of the costs associated with the compulsory acquisition and modifications to the existing depot.

On 20 December 1999 the amount of $28,445 was paid to the Department of Lands for the compulsory acquisition of the land and on 19 January 2001 a notice was placed in the NSW Government Gazette dedicating the land to Bega Valley Shire Council.

With the implementation of the Crown Land Management Act 2016 (NSW) Property officers have been reviewing Council’s owned and managed land data and it has been discovered the ownership of Lot 14 DP 843373 at Wirriga Street, Eden was never formally transferred into Council’s name. This oversight has now been rectified and Council has received the certificate of title which should now be classified as operational land under the LG Act to allow for its use as an SES depot.

Council approval is now required to commence the public notification process to classify the land under Section 34 of the LG Act.

4756659

Options

The options available to Council are:

1. Commence the public notification process to classify the land recently acquired at Wirriga Street in Eden as operational land to ensure its ongoing use as an SES depot and any future divestment of Council’s interest in the site if need be; or

2. Resolve not to commence the public notification process to classify the land recently acquired at Wirriga Street in Eden as operational land. Any land acquired by Council that is not classified by a Council resolution within 3 months of acquisition, will at the end of the 3 month period be taken to have been classified under a local environmental plan as community land. If the land were to revert to community land the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land.

Community Engagement

Consultation Planned

Section 34 of the LG Act provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final Resolution to classify Lot 14 DP 843373 as operational land.

Financial and resource considerations

The costs associated with advertising the proposal will be borne by Council and Council’s Property officers will be required to complete the public notification process to classify the land.

Legal /Policy

Under section 26 of the LG Act Council land must be classified as either community or operational land. Section 31 of the LG Act provides that a property may be classified within 3 months of acquisition by Council Resolution or it automatically defaults to community land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

While the land remains unclassified the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land.

Attachments

1 ⇩. Eden SES depot report and minutes - 15 June 1999

Council 10 October 2018

Item 13.3

13.3. RFT 02/18 Supply, Installation, Training and Annual Maintenance of a Corporate Business System

This report details the outcome of the evaluation of Tenders received in response to Request for Tender (RFT) 02/18 Supply, Installation, Training and Annual Maintenance of a Corporate Business System, and recommends declining all tenders.

Director Business and Governance

Officers Recommendation

1. That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and cancel the proposal for the contract in relation to the subject matter of the tender as per Clause 178(3)(a)

2. That tenderers be advised of Council’s decision.

Executive Summary

Tenders were called for through the Sydney Morning Herald, local media sources and Tenderlink on 20 March 2018 and closed 18 April 2018. Seven (7) submissions were received from the following tenderers, in no particular order:

· Civica Pty Ltd

· Councilwise Pty Ltd

· IT Vision Australia Pty Ltd

· MagiQ Software Ltd

· Open Office Pty Ltd

· PrimeQ Australia Pty Ltd

· Technology One Limited

Background

On 13 December 2017, a report was provided to Council detailing a review that was undertaken on Council’s existing corporate business system, Civica’s Authority. The report quoted evidenced challenges and opportunities facing the organisation regarding the sustainable delivery of core business services. It was resolved Council proceed with a tender process to investigate and evaluate alternative corporate business systems.

The aim of the project was to satisfy all stakeholders that Information Technology and Communications investments will be undertaken and managed effectively and directed towards demonstrable business needs in accordance with established standards, practices and budget constraints.

The primary corporate business objectives being sought included:

· A system capable of providing management with a single version of truth;

· The adoption of online services for the community;

· Fully integrated asset management system;

· Reduction in data duplication;

· Risk minimisation;

· The adoption of mobile service applications for staff;

· Provide accurate and timely reporting;

· End to end business process functionality; and

· Managed service support for the integrated functional system.

The key deliverables in investigating alternative corporate business systems was to:

· Select a simple and useable solution that will enable the entire organisation to use and benefit from the new functionality;

· Achieve a fully integrated solution across all key corporate applications, which embodies the principle of data entry once only into the solution;

· Use workflow functionality to appropriately automate defined business processes;

· Facilitate compliance with all relevant laws, policies, standards and guidelines applicable to the State of New South Wales; and

· Extend electronic access from anywhere to Council systems and data, where appropriate, to customers and Staff.

Following a review of tenders by the tender evaluation committee, comprise of a cross function team representing all areas of the Council, a short list of three tenderers was established. All three of the short listed offerings raised considerable and varied concerns for members of the evaluation committee based on the tender documentation.

The next step undertaken in the tender evaluation process was to invite the three shortlisted tenderers to present to a broad cross section of users of the Council’s corporate business systems. The presentations were structured around specific functional scenarios provided to the tenderers. Feedback and scoring on these presentations was collated and analysed. This feedback, combined with the documentation review narrowed the field, but also reinforced some of the risks and concerns of many staff with the various options.

Further follow up research with a Council that has recently implemented the leading tenderer’s product, was far from positive in several areas of risk and concern.

Given the thorough processes undertaken by staff in this evaluation process have resulted in no clear solution that will address the needs of all sections of the Council without undertaking a large risk, staff are recommending Council undertakes a minor version upgrade of the current corporate business system (Authority) and invest in smaller targeted areas of improvement rather than opt for an overall change.

Financial and resource considerations

The overall budget for the project is $571,250 (inclusive of GST). The cost, exclusive of GST is therefore approximately $520,000 ($571,250 - $51,931). This includes the amount above of $440,000 and an additional $80,000 (approximately) redirected from other areas of the budget.

The estimated project costs have been broken down into each section as detailed in the following table:

Project budget per section
Section	Works Cost	Pre-live Contingency (5%)	Post-live Contingency (10%)	Project Management (2.5%)*	Additional Support (5%)	Total
1 - Implementation	$400,000	$20,000	$40,000	$10,000	$20,000	$490,000
3 – Travel Costs	$20,000					$20,000
3 – Support Costs	$50,000	$2,500	$5,000	$1,250	$2,500	$61,250
TOTAL	$470,000	$22,500	$45,000	$11,250	$22,500	$571,250

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

One of the first areas that the alternative strategy will address is to enhance the asset management software to enable a consistent approach across all asset classes with a much smaller investment and impact on staff.

Risk

The risk of proceeding with any of the tenders is that with Council’s current financial and human resource constraints, the return of investment may be very difficult to achieve in the lifecycle of the software. This risk can therefore be minimised by implementing “best of breed” solutions for individual software modules and manage the integration of each of these modules before addressing the next priority area.

This approach will reduce the change management impact on staff dramatically as it will limit the change to individual sections of the organisation. The financial investment risk will also be minimised by being able to match investment in new modules and the subsequent training requirements to the financial position of Council.

Attachments

Nil

Council 10 October 2018

Item 14.1

14.1. Yankees Gap Road Fire

Council recognises the devastating impact of fire on our community and individual people arising out of the Yankee Gap Road fires. In recognising there is a financial impact on individual people who have been affected, it has been suggested that Council provide the same level of fees and charges waivers and reductions as was afforded people affected by the Tathra, Vimy Ridge and Reedy Swamp fire. This report is presented for Council’s consideration.

General Manager

Officers Recommendation

1. That Council formally extend its support to the members of our community who have been impacted by the recent Yankees Gap Road fire.

2. That Council extend its formal thanks to emergency services, support agencies, community members and Council officers who have worked tirelessly in responding to the fire event.

3. That Council resolve to provide the same level of fees and charges waiver afforded the Tathra community following the Tathra, Vimy Ridge and Reedy swamp fire:

a. Waiver of all Council planning and development fees and charges for houses destroyed or damaged;

b. Waste fees; and

c. Interest on General Rates instalments.

Executive Summary

The Yankees Gap Road fire that started on 15 August burnt out over 19,000 Ha, fortunately with zero fatalities; however the impact on the community includes extensive property damage with houses, fences and ancillary buildings destroyed and/or damaged. Emergency services continue to battle this fire.

To minimise any financial strain from Council on those impacted by this fire as much as is possible, Council has developed a framework for minimising and waiving fees for: Development Applications; Complying Development Certificates and associated expenses; waste management fees; and General Rates interest charges.

By providing the appropriate delegation to the General Manager, these waivers can be progressed expeditiously and minimise unnecessary stress on people impacted by these fires.

The intent of all fee and charge waivers is to assist residents to maximise the rebuild funds available through their personal insurance policies.

The fire was declared a natural disaster by the Department of Justice on 17 September 2018. The Section 44 declaration was finally revoked on 30 September 2018.

Support services and recovery agencies are also looking at how to best support the community.

Background

· At its meeting on the 11 April 2018 Council resolved to waive of fees and charges for the victims of the Tathra and District fires.

· The purpose of bringing this report to Council is to extend the same assistance to the victims of the Yankees Gap Road fire.

Waste Management

· Fees for general fire waste received at relevant Transfer Stations are to be waived.

· Fees for asbestos contaminated waste received at the Central Waste Facility are to be waived.

· Issues around clean up of green waste are still being resolved and advice wioll be provided to the community when

Development, Planning and Building

· It is proposed the waiver of fees and charges be applied in the same way as the previously resolved Motion of 11 April 2018.

General Rates

· Initially interest charges will be waived for the affected properties for late payments for the quarterly Rates instalment. Further detail will be provided in the future as to applicable Rates relief available.

Support Services and Disaster Declaration

Red Cross services are also supporting, follow up will be made with a number of other agencies over the next couple of weeks regarding their services available to affected people.

Local service clubs have also been contacted to see what support is available following the excellent role played in Tathra by the local Lions Club.

Blaze Aid – support for Farmers

Blaze Aid work with volunteers to support farmers get their fencing back up. Council has made contact with this organisation, and they are interested in supporting affected farmers. We are in the process of providing them with relevant information that will assist them to determine what support they are able to provide our community if eligible.

Financial and resource considerations

Financial Support to Individuals – funding models

Following the Tathra and District fire, Council worked with a range of agencies to establish a Mayoral Fund under Federal legislation. This was an extensive and resource intensive process guided by the Office of Emergency Management. The current Mayoral appeal was the first to be set up under new legislation and has now supported a number of applications for support. The Fund has very comprehensive requirements as to its expenditure. In Tathra, funds were also donated to the local Community Reference Group/Lions Club due to this framework.

Council has also been asked to consider support and funding for those affected by the current drought and more recently the Yankees Gap Road fire. The current Fund does not allow this.

In order to look at a robust but more flexible model similar to those established, some Victorian Councils through discussions with the Bendigo Bank have indicated an interest in using their organisation and funding framework to cover disaster and other hardships in a consistent and ongoing way. While initial discussions have commenced, this framework will not be available in New South Wales for some time as the existing Victorian model will not translate directly to due to differences in State legislation governing natural disaster responses.

Council officers will approach local banks to try and establish a series of donation points for the Yankees Gap Road fire.

Other financial impacts

There will be additional, unbudgeted costs to Council for the response and recovery activities, some of which may be recoverable as the fire was a declared Section 44 event.

Attachments

Nil

Council 10 October 2018

Item 14.2

14.2. Special Rate Variation Options

Council staff have prepared multiple scenarios for two model Special Rate Variations (SRVs) to possibly be applied in the 2019-2020 financial year.

Director Business and Governance

Officers Recommendation

1. That Council authorise staff to continue modelling a special rate variation application based on raising $1,900,000 to fund the full six aquatic facility strategy and $500,000 for an additional tourism marketing program.

2. That a communications program is developed to present the program and all potential impacts to the community.

3. That Council formally resolved to submit a Special Rate Variation Application in accordance with the Office of Local Government and Independent pricing and Regulatory Tribunal (IPART) and advise IPART accordingly.

Executive Summary

In the Delivery Program adopted by Council in 2017 and the Operational Plan for 2018/19 Council clearly stated their intention to consider several special rate variation models (SRV). In particular various tourism and tourism related organisations had approached Council to consider increasing the amount of funds collected to be allocated to tourism marketing and promotions support.

Several discussions about models have been held with Councillors. Following a Councillor workshop on 5 September 2018 staff have commenced modelling the impact of various special rate variation (SRV) options. These options were defined via consensus of Councillors following discussion around the various work already performed and the desired outcomes of Council.

Options

Options being modelled include:

· An SRV to fund the aquatic facility strategy

o Raising $1.2m per annum, or

o Raising $1.9m per annum

o Raised across all rating categories, or

o Raised from farmland and residential rating categories

o Calculated on the base rate for 50% of the SRV, or

o Calculated on the ad valorem for 100% of the SRV

· An SRV to establish an additional Tourism Reserve

o Raising $175,000 per annum, or

o Raising $500,000 per annum

o Raised equally across all rating categories, or

o Raised from the business rating category, or

o Raised from the business sub category of the residential and farmland rating categories where a tourism related business is operating as identified by research from the tourism industry.

o Calculated on the base rate for 50% of the SRV, or

o Calculated on the ad valorem for 100% of the SRV

Other options that can be modelled are the introduction of SRVs over multiple years, and the delaying of application of the SRV to the farmland category while the current drought is impacting the Shire’s farming communities. Alternatively the two components of the SRV can be progressively introduced for example with tourism part in year one with the aquatic facility strategy component introduced progressively in year2 or over years 2 and 3.

Community Engagement

Consultation undertaken

The proposal for Council to consider special rate variations was included in the draft and adopted community strategic plans in 2017 and 2018. These clearly outline the proposals that are included in this report.

The Tourism Industry Liaison Group established in 2017 with representation from the sector and community discussed the introduction of additional rate variations to improve the funding profile for tourism promotion and marketing.

Initial consultation has now also begun with stakeholders from the tourism industry to gauge their support for an additional Tourism SRV being levied on more of their membership to:

1. Raise additional funds to be utilised in the promotion and support of tourism in the Shire, and

2. To broaden the base that such a SRV could be levied on compared to the existing tourism promotion and advertising SRV which is levied only on Business rating category.

Consultation Planned

Further detailed communications will be undertaken with all sectors of the community to ensure a thorough understanding of the impacts and benefits of the SRVs is achieved.

Financial and resource considerations

The current long term financial plan (LTFP) has additional revenues from SRVs included from the 2019-2020 financial year at $1.4m per annum. This modelling has not been specifically allocated to expenditure projects at this stage.

The recommended option would raise $2.4m per annum in total, and compared to the LTFP would place Council’s ongoing finances in a much stronger position. All funds would be part of Council’s general fund, thus providing maximum flexibility within the constraints of an SRV by have a defined revenue source for two significant areas within the current general fund structure.

Attachments

Nil

Council 10 October 2018

Item 16.1

16.1. Canberra Region Joint Organisation Board Meeting

Canberra Region Joint Organisation - Presentations and Board Meeting - 13/14 September 2018

Cr McBain, Mayor

I attended the Canberra Region Joint Organisation (CRJO) meeting in Canberra on 13 & 14 September 2018 on behalf of the BVSC.

We received three presentations on the Thursday from Snowy Hydro, Wi-Sky (Regional Telecommunications) and The Infrastructure Collaborative.

Snowy Hydro:

The presentation from Snowy Hydro was from Gabrielle Curtin, Group Executive of Safety, People, and Community & Services along with senior staff member, Mr Dean Lynch. The presentation focussed on the stage 2 development of the hard infrastructure for the Snowy 2.0 project including how the company can manage it to ensure a regional outcome from a tourism, population and skills perspective. They want to be able to utilise as many local contractors as possible and are willing to work with Chambers of Commerce etc. to get a local business directory up including skilling contractors to all the requirements of a big project so that work can flow out to local people. We discussed with Gabrielle and Dean the potential to look at the Port of Eden for shipping in components of the development and Gabrielle is keen to come and look and get a sense of the opportunity. They are also willing to discuss the tourism potential of their workers being able to explore the local surrounds on their time off and how we can develop this type of thing also. Note: subsequent to this, Gabrielle has visited Eden and discussions have commenced about future infrastructure transport opportunities, support of community initiatives locally by Snowy Hydro particularly with Indigenous youth, and links to tourism marketing.

Wi-Sky:

Wi-Sky presented a regional telecommunications business that they have set up and how it could potentially work in the more remotes JO areas.

The Infrastructure Collaborative:

The Infrastructure Collaborative has been working with the JO to unlock the blockages for local council areas to get projects off the ground. The JO has set up a project framework which will be rolled out across all councils, linking the project planning to state government requirements to make the projects more appealing and to also track similarities in the projects across the JO to see if we can achieve any economies of scale by tendering for multiple projects across the region. The Infrastructure Collaborative has also devised a Water and Sewer Prospectus for the entire JO, following on from the Infrastructure Prospectus that we had prepared ourselves. They are currently working on a Transport Prospectus. These documents will all be ready prior to November moving in to the State election cycle.

The Board Meeting on the 14^th adopted a number of recommendations from the General Managers Advisory Committee (GMAC) meetings, adopted the new Memorandum of Understanding between the ACT Government and the JO, and adopted the Code of Meeting Practice, Charter, Revenue and Expenses Policy.

Canberra Airport became an affiliate member of the JO as they provide in-kind sponsorship to the JO through office space at the Airport.

A meeting of all JO Chairs will be held immediately prior to the LGNSW conference in October and every JO has been asked to provide a Statement of 5 Regional Priorities:

The priorities for the CRJO are:

1. Road corridor enhancement and connectivity

2. Water security and safe and secure water

3. Digital connectivity

4. Social infrastructure

5. Waste and recycling

6. Rail line development

The Southern Lights Project continues to gain momentum which is a program aimed at changing over 75,000 street lights to LED lights supported by smart technology. The JO joined with councils and JO’s from the Riverina and Murray JO, Central NSW JO, and Broken Hill in 2017. The business case which shall be completed in the next month is being completed by Next Energy and Essential Energy which will determine the return on investment and the savings each of the 42 councils participating could receive.

Of particular importance to our Shire were the Advocacy Report and the urgent business which was also an advocacy matter.

1. That the Board support continued advocacy with the National Farmers Federation to understand how the CRJO can promote the development of a designated “Fresh Food Precinct” across the region.

2. That the Board supports collaboration with CWA, NRL, NA and other sporting codes to assist the development and implantation of domestic violence and mental health initiatives within our local communities.

3. That the Board note the information in relation to the development of a program for transitioning of defence personnel into regional communities through local government opportunities.

And

1. That the CRJO write to the Federal Minister for Local Government outlining our need to be included in the drought funding package.

2. That the CRJO liaise with East Gippsland Shire Council regarding their drought program matrix.

3. That the CRJO advocate to State and Federal Governments in relation to the drought funding program.

4. That the CRJO participate with DPC in the development of the South East Drought Package and invite the Drought Coordinator to meet with the CRJO Board.

5. That the CRJO note the Federal Government has also appointed a Drought Coordinator.

The afternoon of the 14^th was part of the Mayoral Forum hosted by the ACT Chief Minister with presentations received from Canberra Airport and National Farmers Federation in regards to Regional Opportunities, Growing the Agricultural Industry with a “Fresh Food Hub”, NSW Freight & Transport Prospectus and ACT Freight Corridor Updates, ACT Waste Strategy, an update of the bid for an A-League Team in Canberra, Raiders Centre of Excellence, Voice Against Violence and State of Mind Programs being delivered in partnership with the NRL, Netball Australia and Country Universities Centre.

The next JO meeting is scheduled to take place in Merimbula on the 6^th and 7^th December 2018

Attachments

Nil

Council 10 October 2018

Item 19.1

19.1. Signage at Bermagui Shopping Precinct

At the Ordinary Council Meeting of 29 August 2018, Cr McBain advised that Bermagui would like signage put in place on the shopping precinct of Lamont Street footpath banning scooters, smoking and skating. Is there a policy around those signs?

The question was taken on notice by the Director Community, Environment and Planning.

Director Community, Environment and Planning

Response

In short there is no current policy regarding signage in Bermagui shopping precinct banning scooters, smoking and skating.

Council can under the Local Government Act 1993 (the Act) section 632 (2) (e) e) erect a sign to prohibit an unsafe activity "the doing of anything in the place" such as the use of scooters and skate boards especially along pedestrian walkways. There are a number of these signs in Ayers Walkway, Bega.

The Act prescribes:

“LOCAL GOVERNMENT ACT 1993 - SECT 632 Acting contrary to notices erected by councils.

(1) A person who, in a public place within the area of a council, fails to comply with the terms of a notice erected by the council is guilty of an offence. Maximum penalty: 10 penalty units.

(2) The terms of any such notice may relate to any one or more of the following:

(a) the payment of a fee for entry to or the use of the place,

(b) the taking of a vehicle into the place,

(b1) the driving, parking or use of a vehicle in the place,

(c) the taking of any animal or thing into the place,

(d) the use of any animal or thing in the place,

(e) the doing of anything in the place,

(f) the use of the place or any part of the place.

(2A) However, a notice:

(a) must not prohibit the drinking of alcohol in any public place, including any public road or car park, and accordingly a sign under section 632A or 644C is not a notice under this section, and

(b) must not, except as provided by subsection (2B), prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013.”

Smoking is covered under the Smoke-Free Environment Act 2000 (NSW) and deals with smoking in public places, enclosed lands and private property. Section 6A covers the specific areas.

“6A Smoke-free areas--outdoor public places

(1) An outdoor public place is a "smoke-free area" for the purposes of this Act if it is any of the following places (or part of any of those places):

(a) a place that is within 10 metres of children's play equipment but only if the children's play equipment is in an outdoor public place,

(b) a swimming pool complex,

(c) an area set aside for or being used by spectators to watch an organised sporting event at a sports ground or other recreational area, but only when an organised sporting event is being held there,

(d) the platform of a passenger railway or light rail station,

(e) a ferry wharf,

(f) a light rail stop (with "light rail stop" to include any area where persons queue or gather when waiting at a light rail stop),

(g) a bus stop (with "bus stop" to include any area where persons queue or gather when waiting at a bus stop),

(h) a taxi rank (with "taxi rank" to include any area where persons queue or gather when waiting at a taxi rank),

(i) a place that is within 4 metres of a pedestrian access point to a building (as provided by subsection (2)),

(j) a commercial outdoor dining area,

(k) a place at a public hospital, health institution or health service under the Health Services Act 1997 that is designated as a smoke-free area by a by-law or regulation under that Act and notified by signs displayed in, or at an entrance to, any such area,

(l) any other outdoor public place that is prescribed by the regulations as a smoke-free area.

(2) A "pedestrian access point" is an entrance to or exit from a building for use by pedestrians, but does not include:

(a) an entrance to or exit from a building that is used only for residential purposes (including a boarding house and a building in a caravan park), or

(b) an entrance to or exit from a building that is used partly for residential purposes and partly for other purposes if the entrance or exit concerned is used solely for entry to or exit from that part of the building that is used for residential purposes, or

(c) an emergency exit that is locked to entry.

(3) It is a defence to a prosecution for the offence of smoking in a smoke-free area that is a light rail stop, bus stop, taxi rank or within 4 metres of a pedestrian access point to a building if it is established that the accused was smoking only while passing through the smoke-free area and did not remain in the smoke-free area while smoking.

(4) The regulations may exempt a specified outdoor public place or class of outdoor public places from being a smoke-free area under this section.

As such Council could ask for a report to come forward to address any concerns related to the shopping precinct activity as outlined above. Consultation with relevant Bermagui stakeholders and traders would be essential prior to implementation.

Attachments

Nil

Council	10 October 2018
*Item 10.2 - Attachment 1*	Proposed Changes to Children's Services Fees and Charges from January 2019

Council	10 October 2018
*Item 12.3 - Attachment 1*	Newspaper notice regarding Erle Robertson

Council	10 October 2018
*Item 12.4 - Attachment 1*	Short Point Viewing Platform Renewal - Structural Engineering Drawings 19/09/2018

Council	10 October 2018
*Item 12.4 - Attachment 2*	Short Point Viewing Platform Renewal - Architectural Drawings 25/09/2018

Council	10 October 2018
*Item 12.5 - Attachment 1*	BVSC Recycling the Future Waste Strategy 2018 to 2028 Sept4v2.pdf

Council	10 October 2018
*Item 13.1 - Attachment 1*	Record of Gifts received by Councillors and Council staff 1 September 2017 to 31 August 2018

Council	10 October 2018
*Item 13.2 - Attachment 1*	Eden SES depot report and minutes - 15 June 1999

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

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

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

10 October 2018

Staff Reports – Community, Culture and Leisure

10 October 2018

10.2. Fees and Charges for Children's Services in 2019

Officers Recommendation

Attachments

Council

10 October 2018

Staff Reports – Economic Develoment and Business Growth

10 October 2018

Council

10 October 2018

Staff Reports – Infrastructure Waste And Water

10 October 2018

Council

10 October 2018

Staff Reports – Governance And Strategy

10 October 2018

Staff Reports – Finance

10 October 2018