Agenda of Council - 30 January 2019

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

30 January 2019

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 12 December 2018 as circulated, be taken as read and confirmed.

3 Declarations

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

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Adjournment to Standing Committees

There are no reports to Standing Committees.

9 Staff Reports – Planning and Environment

Nil Reports

10 Staff Reports – Community, Culture and Leisure

Nil Reports

11 Staff Reports –Economic Development and Business Growth

Nil Reports

12 Staff Reports – Infrastructure Waste and Water

12.1 RFT 45/18 Merimbula Airport Terminal Extension................................................................... 10

12.2 Wallaga Lake - Bermagui Men's Shed tenure............................................................................ 14

12.3 Eden depot tenure......................................................................................................................... 22

12.4 Southern Lights Project................................................................................................................. 27

12.5 Pambula River, Pambula Lake, Yowaka River Flood Study Grant Offer................................. 30

12.6 Classification of land recently dedicated to Council at Pambula............................................ 35

12.7 Former Hotel Australasia .............................................................................................................. 37

12.8 RFT56/18 Bega Valley Regional Learning Centre retaining wall replacement - Tender approval 40

12.9 Bega Preschool land tenure......................................................................................................... 43

12.10 RFT 75/18 Supply and installation of guardrail.......................................................................... 47

12.11 Road Load limits on Mogilla Road, West Kameruka Road, Kameruka Lane and Candelo-Wolumla Road 49

13 Staff Reports – Governance and Strategy

13.1 Councillor Conference attendance January - June 2019........................................................ 62

13.2 Former Bega Hospital, 1 McKee Drive Bega, ............................................................................ 64

13.3 Review of Procedure 6.02.4 Payment of expenses / facilities for Councillors.................... 68

13.4 Community Service Medallions - Appointment of Committee Members............................. 71

13.5 Revoke the referral of unpaid debt............................................................................................ 73

13.6 2017 - 2018 Audited Financial Statements................................................................................ 76

14 Staff Reports – Finance

14.1 Certificate of Investment............................................................................................................ 202

14.2 Certificate of Investment............................................................................................................ 206

15 Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

16 Councillor Reports

16.1 Canberra Joint Regional Organisation - Board Meeting......................................................... 211

17 Rescission/alteration Motions

18 Notices of Motion

19 Questions On Notice

20 Questions for the Next Meeting

21 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 217

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 30 January 2019

Item 12.1

12.1. RFT 45/18 Merimbula Airport Terminal Extension

This report details the outcome of the evaluation of Tender RFT 45/18 Merimbula Airport Terminal Extension, and recommends rejection of all tenders and negotiation with the best value for money tenderer.

Director Assets and Operations

Officers Recommendation

1. That Council accept the recommendations as outlined in the Confidential Attachment relating to RFT 45/18.

2. That due to an alternate non-conforming tender being submitted, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with <insert> with a view to entering into a contract in relation to the subject matter of the tender as per Clause 178 (3) (e).

3. That authority is delegated to the General Manager to enter into negotiation with the tenderer that provided the best value for money tender, <insert>, on the basis of the works as specified in RFT 45/18 and the alternative tender provided by that tenderer.

4. That authority is delegated to the General Manager to execute all necessary documentation.

5. That the other tenderers be advised of Council’s decision

6. That Council delegate the General Manager to seek a variation to the Commonwealth Funding Deed to defer the installation of screening equipment until such time as it is required.

7. That Council note the funding shortfall to be funded by way of additional loan funds and to be repaid through the Airport Special Rate Variation

Executive Summary

This report provides details of the Merimbula Terminal Airport Extension project and Request for Tender (RFT) recommendation for the progression of the construction stage of the project.

Background

In May 2016 the Prime Minister announced $1.2million in Commonwealth Funding to support the upgrade and extension of the Merimbula Airport Terminal. This funding was to be matched by Bega Valley Shire Council.

The extension of the Merimbula Airport terminal is being undertaken in order to permit the installation and operation of security screening, in accordance with the Commonwealth Funding Deed. The works include extension of the existing building to accommodate security plant and equipment and airside waiting areas for passengers after screening.

The works also allow for life cycle and infrastructure upgrade works in the existing building to ensure its compatibility with the extension, making it fit for purpose for the change in operational arrangements that will take effect in 2019, and improve accessibility, safety and legislative compliance, including:

· removal and replacement of existing asbestos flooring and roofing;

· refurbishment of the administration area and upgrades to Information Technology (IT) infrastructure;

· kitchen refurbishment to meet current standards;

· re-flooring and repainting of the existing building;

· upgrading of landscaping in the terminal areas unaffected by the extension;

· extension of the existing carpark; and

· installation of automatic doors to the existing entry.

The scope of work is consistent with the separate runway extension project that will enable its use by passenger aircraft such as the Dash8 and the ATR72.

Council conducted a public tender to invite tenders from suitably qualified contractors to carry out the construction stage of the project.

Three conforming tenders were received and a best value for money tender was identified by the tender evaluation panel utilising the tender evaluation plan.

In addition to providing a conforming tender, tenderers had the option to offer an alternative tender as identified in the tender documentation. This allowed tenderers to provide alternate staging and construction phasing plans in order to manage the continuity of operations and passenger safety and amenity during the construction stage of the project.

Community Engagement

Consultation undertaken

The project aligns with Council’s adopted Master Plan for the airport – Merimbula Airport Master Plan 2033 (Rehbein Airport Consulting 2013).

During the design phase, stakeholder workshops were held with airport user groups on two occasions, these workshops informed the concept and detail design phases of the project.

The project also received local media attention during the design development phases associated with and independently of the stakeholder workshops.

Development Approval has been obtained with the application being placed on public display.

Details of the project are also included in the major projects section of Council’s website.

Consultation Planned

During construction, there will be daily consultation with personnel associated with servicing the regular public transport service and passengers.

Passengers will also be informed through signage on site and via the major projects web page and media releases as required.

Financial and resource considerations

The Community Development Grant provided by the Commonwealth Government applies to the extension works.

The Special Rate Variation (SRV) – Airport is applicable to the extension; life cycle and infrastructure works.

The design goals include the prioritisation of inclusions that mitigate ongoing operating costs.

Operational cost information will be provided to Council’s Assets Team to be incorporated into future budgets.

It is recommended the additional shortfall to be funded is funded via loan to be repaid by income generated by the Airport SRV.

Funding source		Amount (excluding GST)
Commonwealth Government funding (per the Community Development Grant deed)	$	1 200 000
Bega Valley Shire Council contribution (per the Community Development Grant deed)	$	1 200 000
Bega Valley Shire Council Airport SRV - funds required in excess of $2.4m	$	Up to $2 000 000

Legal /Policy

The project is to be delivered in accordance with the Commonwealth Government Community Development Grant for the Merimbula Airport terminal extension and Commonwealth Government aviation security requirements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with Council’s adopted Master Plan for the airport – Merimbula Airport Master Plan 2033 (Rehbein Airport Consulting 2013).

It also aligns with the following plans and reports:

· Far South Coast’s Strategic Regional Plan 2013-2018 (Regional Development Australia);

· Australia’s Coastal Wilderness Destination Management Plan (Funded by Tourism Australia);

· Sapphire Coast Destination Management Plan; and

· Merimbula Airport Extension, Economic Impacts, Final Report (Strategic Economic Solutions, October 2014)

Environmental / Sustainability

A statement of environmental effects was prepared for the project in accordance with the Development Application, and a Section J report was also provided.

Lowest energy options for provision of heating and ventilation have been included, along with passive shading to western exposure adopted and where feasible existing materials are being reused.

Economic

The economic impacts of the maintenance and expansion of the airport’s capacity are identified in Merimbula Airport Extension, Economic Impacts, Final Report (Strategic Economic Solutions, October 2014), and Merimbula Airport Master Plan 2033, (Rehbein Airport Consulting 2013).

Design has included consideration of the terminal as a tourism and business point of entry and gateway to the region.

Risk

The scope of works has been designed by registered architects and professional consultant engineers, and in accordance with the all relevant building legislation and standards.

The design and implementation incorporates the requirements of aviation security legislation.

Consultation with the airport management team has occurred throughout the design process and will form part of the be delivery team during construction stage to ensure service continuity of the Airport Operations

Social / Cultural

The terminal extension will improve the accessibility, safety and security of access to air travel.

It has been designed to be attractive to tourists, business travellers and visiting professionals and other service providers.

It will support the feasibility of larger regular public transport aircraft and additional airlines, increasing competition and economic access to air transport for all airline passengers.

Attachments

1 ⇨. Confidential Memo to Council Report RFT 45/18 Merimbula Airport Terminal Extension (Councillor Only)

2 ⇨. Confidential Memo Merimbula Airport - Terminal Project Update (Councillor Only)

Council 30 January 2019

Item 12.2

12.2. Wallaga Lake - Bermagui Men's Shed tenure

Council approval is being sought to offer Wallaga Lake – Bermagui Men’s Shed Incorporated formal tenure over Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062).

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report.

2. That Council, as Crown Land Manager of Edgar Jaggers Reserve R180062, approve tenure of twenty years to Wallaga Lake – Bermagui Men’s Shed Incorporated for the purpose of erecting a men’s shed facility on Lot 287 DP 1151605.

3. That Council advertise the proposal to grant tenure of twenty years to Wallaga Lake – Bermagui Men’s Shed Incorporated, for the purpose of erecting a men’s shed facility on Lot 287 DP 1151605, in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW).

4. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide tenure of twenty years to Wallaga Lake – Bermagui Men’s Shed Incorporated at Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062).

Executive Summary

Council recently resolved to provide in principle support to Wallaga Lake – Bermagui Men’s Shed Incorporated for the establishment of a men’s shed facility, pending further investigation into the most suitable location for erection of the facility. In consultation with the group, Council officers have considered two sites as detailed in the attached report of 19 September 2018 and Council approval is now being sought to offer Wallaga Lake – Bermagui Men’s Shed Incorporated with long term security of tenure over Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) for the erection of a men’s shed facility.

Background

Council resolved at its Ordinary Meeting of 19 September 2018, when considering the matter to provide Wallaga Lake – Bermagui Men’s Shed Incorporated with in principle support for the establishment of a men’s shed facility at Council’s current Bermagui Recycling and Waste Facility located on Lot 312 DP 728092. The option to progress the remediation works on the former landfill site was also endorsed subject to legal advice on Native Title implications.

Following the Resolution of Council, officers investigated erection of the men’s shed facility at Council’s current Bermagui Recycling and Waste Facility located on Lot 312 DP 728092. Due to environmental protection issues at the site, costs associated with the required Development Approval were considered too high for the group to fund the proposal therefore the group requested Council to progress with remediation works on the former land fill site with the intention of submitting a Development Application to Council for the erection of the men’s shed facility on Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062).

As the former landfill site Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) is subject to the undetermined South Coast People’s Native Title claim lodged in the Federal Court, legal advice was obtained to determine the extent of liability if Council were to progress with the remediation of the site for the proposed erection of the men’s shed facility. Following receipt of the legal advice, Council officers also conducted their own Native Title Assessment which has been endorsed by Council’s Native Title Manager. Based on the advice received and validation by Council’s Native Title Manager, Native Title is believed to have been extinguished over Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) due to its prior use for a landfill operation between 1962 and 1989. Furthermore, Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) was Gazetted for the purpose of “Public Recreation” on 17 September 1993 and has been used for stockpiling and storage of materials since landfill operation ceased in 1989.

On 1 July 2018 the Crown Lands Act 1989 (CL Act) was repealed and replaced with the Crown Land Management Act 2016 (CLM Act) and Crown Land Management Regulation 2018 (CLM Reg) which has changed the way dedicated or reserved Crown Land is managed by introducing the concept of Crown Land managers and removing the concept of reserve trusts.

Under the CLM Act, Councils that are appointed to manage reserved Crown Land, manage that land as if it were public land under the provisions of the Local Government Act 1993 (LG Act). The CLM Act enables Council Crown Land managers to enter into leases and licences under the LG Act once a compliant plan of management is in place or the land is classified as operational, whichever occurs first. Prior to the adoption of a compliant plan of management over Crown Land, Council is able to issue short term licences up to one year for prescribed purposes under the CLM Act. As Council does not have a compliant plan of management in place for Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062), a short-term licence agreement will be issued as an interim arrangement until a plan of management has been adopted and Council can formally grant longer term tenure.

Options

The options available to Council are:

· Proceed with the proposal to remediate Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) with the intention to grant Wallaga Lake – Bermagui Men’s Shed Incorporated with a twenty-year tenure for the purpose of a men’s shed facility; OR

· No longer support establishment of a men’s shed facility on Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062).

Community Engagement

Consultation Planned

In accordance with the provisions of section 47 of the LG Act, if Council proposes to grant a lease in respect of Community Land for a period exceeding 5 years, it must:

· Give public notice of the proposal (including on the council’s website), and;

· Exhibit notice of the proposal on the land to which the proposal relates;

· Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the Community Land, and;

· Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the Community Land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of Community Land.

Council consideration of input

To ensure the use and occupation of the reserve is appropriate for the lease, Council officers will consider:

· Compliance with the legislation, related policies and guidelines;

· Compatibility with the Reserve purpose;

· Native Title rights;

· Aboriginal land claims;

· Conditions of Development Consent 2017.184 for the remediation of the land;

· Conditions of any new Development Consent issued for the erection of a men’s shed facility on the land;

· Market value and providing a proper return to the public for use of the public land.

Financial and resource considerations

Costs associated with the remediation of Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) will be funded from the Waste Management Reserve. Under the LG Act, Council can use funds within the Waste Management Reserve to undertake landfill remediation works on old waste sites such as Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062). The costs associated with erection of the men’s shed, subdivision costs, Development Application fees, Construction Certificate application fees, development contributions and headworks charges will be the responsibility of Wallaga Lake – Bermagui Men’s Shed Incorporated.

Wallaga Lake – Bermagui Men’s Shed Incorporated will be required to submit an application for rental rebate, in line with Council’s Rental Assessment and Rebate Procedure. A market valuation will also need to be obtained from a registered valuer to determine the appropriate rental fee however, as the lease will be for land only purposes and the group are a not-for-profit community organisation, it is considered the achievable rental would be in line with the Crown Land minimum fee which is currently set at $540.10. In accordance with Council’s Management of Leases and Licences Procedure, Wallaga Lake – Bermagui Men’s Shed Incorporated will be requested to undertake a rental rebate application process every five years and an updated market rental valuation will be commissioned to determine the appropriate rental for the following five year term.

Council officer time has been required to consult with the lessee and Crown Lands regarding the proposed lease agreement. Ongoing management of the lease during the term will also need Council officer resources as required.

Legal /Policy

From 1 July 2018, Councils manage appointed Crown Reserves under the public land provisions of the LG Act, including the granting of licences. Interim arrangements under clause 70 of the CLM Reg allows Council to grant short term licence on Crown Land until either a plan of management is adopted or the Crown Land is classified as operational land with the Minister’s consent.

As mentioned earlier in the report Native Title is believed to have been extinguished over Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) due to its prior use as a landfill operation between 1962 and 1989 however, formal notification of the proposal will be sent to the South Coast People Claimants via NTS Corp.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There is a financial liability risk to Council associated with the South Coast People Native Title Claim lodged in the Federal Court. However, based on the legal advice received and Council’s prior valid use of the land as a landfill site, officers have determined Native Title has been extinguished.

Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062) was substantially impacted by Council’s use of the site for landfill operation between 1962 and 1989 which would be considered “Major Earthworks” which is defined in section 253 of the Native Title Act 1993 (Cth) (NT Act) as “public work”.

As the “public works” took place before 1 January 1994 the landfill operation would be a past act and section 13A of the NT Act would validate that. Section 23B(7)(a) and (b) apply - the public works extinguished Native Title as they took place prior to 23 December 1996 and involved the completion of public works as defined under section 251D and section 253 of the NT Act.

Attachments

1 ⇩. Council report 19 September 2018 - Bermagui/Wallaga Lake Men's Shed Proposal

Council 30 January 2019

Item 12.3

12.3. Eden depot tenure

This report seeks Council approval to make an application to the NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager of Reserve 88395 at Eden and for Ministerial consent to be given to classify and manage the Reserve as Operational Land under the Local Government Act 1993 (NSW).

Director Assets and Operations

Officers Recommendation

1. That Council make an application to NSW Department of Industry – Lands and Water to be appointed as the Crown Land Manager of Reserve 88395 (Lot 7006 DP 1020045).

2. That Council make an application to NSW Department of Industry – Lands and Water requesting Ministerial consent to manage Crown Reserve 88395 (Lot 7006 DP 1020045) as if it were Operational Land under the Local Government Act 1993 (NSW).

3. That Council formally write to the occupier of the cardboard recycling business, giving three (3) month notice that vacant possession of Reserve 88395 (Lot 7006 DP 1020045) is required for Council’s operational purposes.

Executive Summary

Council has occupied Crown Reserve 88395 (Lot 7006 DP 1020045) at Eden for the purposes of a Works depot since the 1970s however formal tenure arrangements for management of the land have never been put in place with Crown Lands. To ensure Council’s ongoing use of the site Council approval is being sought to make an application to the NSW Department of Industry—Lands and Water to be appointed Crown Land Manager of the reserve.

In accordance with the Crown Land Management Act 2016 (NSW), Ministerial consent for Council Crown Land Managers to manage land as operational under the provisions of the Local Government Act 1993 (NSW) can be granted where Council can demonstrate that the land could not continue to be used and dealt with as it currently is, if it were required to be used and dealt with as Community Land.

Background

With the implementation of the Crown Land Management Act 2016 (NSW) (CLM Act) Council’s Property Services officers have been reviewing Council’s owned and managed land data and have discovered that Lot 7006 DP 1020045 (known as Reserve 88395) is Crown Land which has never been formally appointed to Council as trustee or a trust established and Council appointed as trust manager. Research indicates the land has been used by Council since prior to 1973 when a report was presented to Imlay Shire Council in relation to establishment of a line depot for electricity purposes on part of the land. Establishment of Reserve 88395 for local government purposes was notified in the New South Wales Government Gazette on 5 November 1971 (folio 4309). Crown records show Reserve 88395 was at one stage ‘Devolved’ to Council, however as the land is not a Crown reserve for public recreation or cemetery purposes or a reserve notified when the Local Government Act 1919 (NSW) was in force, it is not considered that section 48 of the Local Government Act 1993 (NSW) (LG Act) can now apply to devolve the reserve to Council. To formalise Council’s tenure over the site, an application to the Minister of Lands and Water will need to be made for Council to be appointed Crown Land Manager.

Although no formal tenure has ever been in place for Council’s occupation of Reserve 88395 it appears landowner’s consent was obtained from Crown Lands on 28 May 2012 to a Development Application 2012.212 for office extensions and erection of additional sheds for Council purposes. It is not known why a formal tenure arrangement was not suggested when Crown Lands were made aware of Council’s occupation of the land at that time.

The site is also currently occupied by a cardboard recycling business which was established by Council in 1996 as an indigenous social enterprise. It appears Council made an application for the establishment of a recycling depot, including the erection of a processing shed on part of the land which was given approval under Development Consent 1996.1100. Since the Development Consent was issued, a number of private operators have been using the site for the purposes of operating the business, and occupation of the land has never been formalised by way of a formal tenure arrangement even though the business has changed hands on numerous occasions nor has Council ever legally transferred their interests in the business.

Given Council only occupies a portion of Lot 7006 DP 1020045 (Reserve 88395) the solution may be to make an application to Crown Lands to be appointed Crown Land Manager over the portion of land occupied by Council. However, as the land has only been defined in Crown Plan (1020045) for departmental purposes, the boundaries have not been investigated and a full subdivision of the land parcel would be required for Council to be appointed as Crown Land Manager over only the portion occupied. It is not anticipated that Crown Lands will agree or fund costs associated with a subdivision of the land parcel and Council will therefore be required to request to be appointed Crown Land Manager of the entire land parcel.

Officers have considered the suitability of the cardboard business operating from the site and believe a more suitable location for the business would be one which is not being used for Council’s operational purposes. With that in mind, officers have been investigating alternative sites that may be more suitable for the business to relocate to. One that has been identified is Council’s old sewer treatment plant site located at Lot 2 DP 623695, West Street, Eden. Given Council made the application to establish the business and interests have never been legally transferred to a third party, it is suggested the occupier be asked to vacate the site. Council officers will continue to work with the occupier to identify a more suitable location for the business to operate from. Following consultation and further investigation, it is anticipated a further report be presented to Council in regards to the cardboard recycling business.

Alternatively, if the occupier were to continue to operate the cardboard recycling business from the site, a formal Licence Agreement which contains appropriate indemnity and insurance clauses will need to be put in place to ensure use of the Reserve is appropriately managed and Council’s interests are protected.

OptionsThe options available to Council in relation to Council’s tenure of the site are:

· Make a formal application to the NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager of Reserve 88395 and for Ministerial consent to be given to classify and manage the land as operational land under the LG Act to ensure its ongoing use as a Council works depot; OR

· Maintain the status quo. This option is not recommended as Council has no legal tenure over the site which is integral to Council works operation in the Eden area.

The options available to Council in relation to the cardboard recycling business operating from the site are:

· Write to the cardboard recycling business advising of Council’s decision for vacant possession of the site for Council’s operational purposes with Council officers being advised to continue to investigate alternate sites for establishment of the business; OR

· Advertise the proposal in accordance with section 47 of the LG Act to formalise suitable tenure arrangements with the cardboard recycling business which contains applicable indemnity and insurance clauses to ensure appropriate management of the site into the future. If Council resolve to formalise tenure arrangements with the cardboard recycling business a Native Title assessment will need to be undertaken for the purpose of authorising this new use of the reserve.

Community Engagement

Consultation undertaken

Officers have consulted with Crown Lands regarding formalising tenure over Reserve 88395 and given the period of time Council has occupied the land, and previous approval granted by Crown Lands in 2012 for the alterations and additions to the depot, officers do not consider there will be any issues with Council’s request to be appointed as Crown Land Manager.

Property officers have consulted with the occupier of the cardboard recycling business regarding Council’s intention to formalise tenure over Reserve 88395 and have outlined the repercussions for the continued operation of the business from the site, including all possible options.

Consultation Planned

In accordance with Section 3.22(5) of the CLM Act if Council approval is granted, officers will make an application to NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager of Reserve 88395 at Eden and for Ministerial consent to be given to classify and manage the land as operational land under the LG Act.

Council officers will continue to liaise with the cardboard recycling business to endeavour to keep the business in operation at a more suitable location.

Council consideration of input

Council officers have been liaising with NSW Fire and Rescue who occupy the adjoining land regarding erection of a new boundary fence on the southern boundary of Reserve 88395 which is the boundary adjoining the cardboard business. It has been determined upon inspection that the distance between the cardboard processing shed and the boundary is only 3.11m which creates some concern for both Council and NSW Fire and Rescue. Large trucks are required to pass between the processing shed and boundary to collect the bails of cardboard from behind the shed and NSW Fire and Rescue have expressed their concern in relation to damage to the fence. Discussions have taken place regarding the possibility for additional land to be given to the cardboard recycling business on the northern side of the processing shed to allow for easier access to the rear however, there would be significant costs associated with establishing a new access on the northern side and officers do not recommend giving up additional land currently utilised by Council for operational purposes.

Financial and resource considerations

There are no known fees associated with the application to NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager or for consent to be given to classify and manage the Reserve as Operational Land under the LG Act.

Council officer time will be required to make the application to NSW Department of Industry – Lands and Water and ongoing management of any future uses of the site may be required.

Legal /Policy

The CLM Act authorises Councils that are appointed Crown Land Manager for dedicated or reserved Crown land to manage the land as if it were public land under the LG Act. The LG Act requires that all public land must be categorised as Community or Operational Land. The CLM Act provides that Crown land managed by Councils as public land must be managed as if it were Community land, unless the Minister administering the CLM Act has given written consent to classify the land as Operational. Where the Minister has given written consent to classify land as if it were Operational Land, the Council has all the functions under the LG Act in relation to Operational Land. However, Council cannot sell the land without further Ministerial consent nor do anything that contravenes:

· any condition of the Council’s appointment instrument as a Crown land manager;

· the Crown Land Management Regulation 2018 (NSW);

· any applicable Crown land management rule;

· any applicable plan of management adopted under Division 3.6 of the CLM Act.

In accordance with Section 3.22(5) of the CLM Act, the NSW Department of Industry—Lands and Water (the department) will only issue Ministerial consent to manage land as operational where a Council manager can demonstrate that either the land:

· does not fall within any of the categories for Community Land under the LG Act, or

· could not continue to be used and dealt with as it currently can, if it were required to be used and dealt with as Community Land.

If the Minister is satisfied the land meets the requirements of Section 3.22(5) of the CLM Act, the Department will provide written notice to Council, giving Ministerial consent to classify the land as Operational. Until written consent is given, Council will be required to manage the land as Community Land and adhere to the applicable requirements of the CLM Act. Should consent be given, Council will no longer be required to adhere to the procedural classification requirements of Chapter 6, Part 2 Division 1 of the LG Act when classifying Crown land managed as if it were public land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The subject land and Works Depot building is already currently recorded on Council’s Asset Register.

Risk

While the land remains under the care and control of Crown Lands Council has no legal tenure over Reserve 88395 (Lot 7006 DP 1020045) which is integral to Council works operation in the Eden area.

Attachments

Nil

Council 30 January 2019

Item 12.4

12.4. Southern Lights Project

The Southern Lights project is proposed to deliver Light Emitting Diodes (LED) street lights and digital enabling infrastructure through 83,000 street lights across southern NSW. Southern Lights is seeking the program to be fully funded by the State Government for $61.4M and implemented over the 3 years.

Director Assets and Operations

Officers Recommendation

1. That Council support the business case for funding of the Smart Street Lighting Program by the NSW Government at a cost of $61.4M and seek support for the project from the local member.

2. That Council support the rollout of Light Emitting Diodes (LED) lighting with smart technology capability for all street lights in the local government area.

Executive Summary

The Southern Lights project proposed to deliver LED street lights and digital enabling infrastructure through 83,000 street lights across southern NSW. It will provide better, cheaper, more efficient, more reliable street lighting and digital connectivity that will be enabling infrastructure for smart community technologies. This infrastructure will be a ‘smart technology deployment’ to regional communities and will include opportunities for all types of digital monitoring, for example: security; traffic measurements; asset tracking; livestock location; water meter measurements; garbage bin sensors; parking sensors; pedestrian movements; and noise monitoring. Southern Lights is seeking the program to be fully funded by the State Government for $61.4M and implemented over the 3 years.

Background

The Southern Light Project commenced in 2016 with a number of interested Councils and Regional Organisation of Councils (ROCs) collaborating to drive the conversion of street lighting to LED lighting in order to save Councils up to 50% of their street lighting costs. The consortium of Councils is now represented by: Riverina Eastern Regional Organisation of Councils (REROC); the Riverina and Murray Joint Organisation (RAMJO); the Canberra Region Joint Organisation (CRJO); and Broken Hill City Council.

From the initial focus of LEDs, the project has grown to encompass smart street lighting with street lighting being the vehicle for smart controllers that will lead digital technology throughout regional NSW. The group engaged energy consultant NextEnergy to assist the preparation of the business case for the Southern Lights project. Essential Energy was recognised as a major stakeholder in the project, being the provider of the majority of street lighting across the area. The Council group has now been working closely with NextEnergy and Essential Energy to:

· develop a business case to convince the State Government it should be funding an immediate rollout of smart street lighting

· develop the specifications for the street lighting and associated smart technology

Financial and resource considerations

Benefits of the Project

In summary the benefits are:

· Reduced electricity costs to Council: up to 50% cost saving on traditional street lights.

· Improved service levels: smart technology will indicate any failed lights back to the maintenance authority.

· Lower maintenance costs: LEDs are more reliable, have a longer life and eliminate the need and maintenance is lower.

· Safer lighting: LED lighting levels can be adjusted for high security areas;

· Community enabling smart technology: the streetlights are a vehicle for potentially hosting many other forms smart technology through the communication network connecting the street lights eg. for example: security; traffic measurements; asset tracking; livestock location; water meter measurements; garbage bin sensors; parking sensors; pedestrian movements; and noise monitoring.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Business Case

Key Points from the Business Case roll out across the Southern Lights area are:

· The cost to implement the program across the 41 Councils $71.2M;

· The program covers 83,000 lights;

· Essential Energy will provide a rebate of $9.8M;

· The program (subject to funding) would be implemented over a 2-3-year time frame;

· The payback period is 8.8 years;

· Funding request to NSW Government is $61.4M.

This Business Case was submitted to the NSW Government in November seeking funding for the project.

What’s needed now?

Light suppliers – it is proposed to call tenders and establish a number of contracts for the supply of luminaire suppliers. The technical specification is in the process of being finalised and Essential Energy propose to call for tenders in the near future.

Smart Controllers and the Communication Backbone - tenders will be called for both the smart controllers and the ‘communication backbone’. Smart controller must be compatible with the enabling communication network (low to medium band width). Tenders will be called for these components by Essential Energy in the near future, as soon as specifications have been finalised.

Agreement for access to smart controllers – an agreement for access to data from the smart street lights needs to be resolved prior to installation of the lights. This agreement will be developed early in 2019 while tenders for the infrastructure are being processed.

Funding and Support - the project needs the NSW Government to commit to funding the rollout of the project across the 41 Southern Lights Councils and our local members need to be familiar with the benefits this project and support its funding by the NSW

Council Commitment - Council commitment is needed for ‘smart’ street lighting and not just upgrading with LEDs. Existing street lighting can be replaced with LED lighting without being ‘smart enabled’ however such a strategy is considered to be very short sighted and ignores the opportunity for our regional communities to take advantage of current and future digital technology.

Attachments

Nil

Council 30 January 2019

Item 12.5

12.5. Pambula River, Pambula Lake, Yowaka River Flood Study Grant Offer

Council has been offered a grant of $152K by the NSW Office of Environment and Heritage under its 2018/19 financial year Floodplain Grants Scheme.

Director Assets and Operations

Officers Recommendation

1. That the grant offer of $152K from the NSW Office of Environment and Heritage for completion of Council’s Pambula River, Pambula Lake and Yowaka River Flood Study be accepted and authority be delegated to the General Manager to execute the funding agreement prior to the lodgement date of 28 February 2019.

2. That upon acceptance of the NSW Office of Environment and Heritage grant offer of $152K, the relevant budget allocations for 19/20 and 20/21 to deliver the project be approved for the forward budgets from the General Fund.

3. That upon acceptance of the NSW Office of Environment and Heritage grant offer of $152K, nomination/s be called for local community representatives, for the Bega Valley Shire Floodplain Risk Management Focus Group from within the Pambula River, Pambula Lake and Yowaka River catchments.

Executive Summary

Council has been offered a grant of $152K by the NSW Office of Environment and Heritage under its 2018/19 financial year Floodplain Risk Management Grants Scheme.

The grant is to facilitate the completion of the Pambula River, Pambula Lake and Yowaka River Flood Study at Pambula and surrounds and to assist in identifying the flood risk within the target catchments. The grant requires formal acceptance by Council by returning the supplied funding agreement to the Office of Environment and Heritage by 28 February 2019 executed by the General Manager.

There are significant policy, strategic and financial advantages for Council by accepting the 2018/2019 grant offer of $152K from the NSW Office of Environment and Heritage.

Background

Application was made to the NSW Office of Environment Heritage Floodplain Grants Scheme on 2 March 2018 for the Pambula River, Pambula Lake, Yowaka River Flood Study at Pambula and surrounds. Council was notified on 17 December 2018 of its successful application and has received a grant offer of $152K to complete the proposed project. Council’s formal acceptance of the grant offer and execution of the funding deed is now required before 28 February 2019 to secure the funding to allow the project to proceed.

The Floodplain Management Program supports the implementation of the NSW Government's Flood Prone Land Policy as outlined in the Floodplain Development Manual 2005.

The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities, as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.

The NSW Government recommends local Councils understand and manage their flood risk through the floodplain risk management process as outlined in the Manual.

The Floodplain Management Program provides financial support to Councils and eligible public land managers to:

· Make informed decisions on managing flood risk by preparing Floodplain Risk Management Plans (and associated background studies) under the Floodplain Risk Management process.

· Implement Floodplain Risk Management Plans to reduce flood risk to both existing and future development, and reduce losses through a range of property, flood and response modification measures as outlined in the manual.

· Provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.

Assistance under the program is normally offered by the State Government providing $2 for every $1 provided by local Councils.

The Flood Study forms the initial stage towards development of a comprehensive Floodplain Risk Management Plan, in accordance with the NSW Floodplain Development Manual 2005.

The NSW Office of Environment and Heritage supports Councils by providing funding and technical assistance for various floodplain management projects like Floodplain Risk Management Studies and Floodplain Risk Management Plans.

The flooding behaviour identified during the Flood Study will be essential for the development of a subsequent Floodplain Risk Management Plan for the catchment.

Options

The only viable option available is to accept the grant funding and provide the matching co-contribution and proceed with the project.

To not do so, is to accept the identified risks discussed further below.Community Engagement

Acceptance of the grant offer has a number of consultation implications.Consultation undertaken

The need and relative priority for the project was workshopped with Planning, Engineering and Grant Staff during a strategic grants discussion during February 2018.

Consultation Planned

Consultation with the community is an integral part of the floodplain risk management process. Media releases, radio interviews, focus groups and community questionnaires are typical activities undertaken during a flood study project. Consultation with State Government agencies and residents within the Pambula River, Pambula Lake and Yowaka River catchment areas will be consulted using a variety of these activities.Council consideration of input

Other consultation activities required typically include public information meetings, public exhibition of the draft flood study findings, processing of submissions and presentation of the completed report to Council for its formal endorsement.

Financial and resource considerations

The grant offer is made on the basis of 2:1 (State: Council) dollars. Not accepting the grant offer will mean having to find the additional funds of $152K from internal Council sources not yet allocated to the flood study project that may have impacts on other projects commencing as scheduled.

The grant funding is available for a maximum period of three years as per the conditions of the funding agreement to enable the project to be completed. Council would need to ensure the required matching contribution is also available over the project period which may extend up to three years in practice; meaning an allocation will have to be placed in the 19/20 and 20/21 forward budgets.

The project is currently funded by stormwater operating expenses for the 19/20 and 20/21 financial years. This provides for Council’s mandatory co-contribution over the project period with an allowance for non-claimable expenses according to the funding agreement such as legal advice, administration costs, function room hire and other related project expenses considered the normal business of Council.

Funding source		Amount
Office of Environment and Heritage Grant	$	152 000
BVSC Stormwater Operating Expenses 19/20	$	34 333
BVSC Stormwater Operating Expenses 20/21	$	68 667

Legal /Policy

The 2018/19 Grant offer will require formal acquittal at project completion by execution with the General Manager’s signature, with supporting financial documentation attesting to the full and proper expenditure on approved activities under the funding agreement. Bega Valley Shire Council (BVSC) will need to comply with the terms of the funding agreement during the life of the project. See the attached funding agreement for details.

The acceptance of the Grant offer will allow completion of the flood study project that will ultimately provide BVSC with a contemporary flood study for the identified catchment in accordance with the NSW Floodplain Risk Management Manual 2005 requirements. No previous studies of such nature exist. The flood study outputs will form key information inputs into future floodplain risk management documents such as floodplain risk management studies and plans that will inform BVSC’s policies for management of flood prone land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The acceptance of the 2018/19 Grant offer has a number of strategic implications.

The completed flood study outputs will form further inputs into any future proposed floodplain risk management study and plan projects for the Pambula River, Pambula Lake and Yowaka River catchments that are identified but not yet funded. The proposed future floodplain risk management plan outputs will produce inputs into BVSC’s current planning instrument, the Bega Valley Comprehensive Local Environmental Plan 2013 with its underlying Development Control Plan (DCP) 2013.

The flood study outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential projects such as floodplain risk management studies, floodplain risk management plan development or floodplain risk management plan works implementation. The flood study outputs will allow Council to plan for any future potential funding risks arising from a tightening of Natural Disaster Relief and Recovery Arrangements (NDRRA) eligibility criteria.

Completion of the Flood Study will achieve the outcomes in the 2018 – 2019 Operational Plan to identify and commence floodplain risk management projects for the following outcomes and goals of the 2017 – 2021 Delivery Programme:

Outcome 5 – Connected Communities

Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond.

Environmental / Sustainability

The outputs of the completed flood study will form a key technical input into a future subsequent floodplain risk management study and plan that will inform Council’s current Comprehensive Local Environmental Plan 2013.

During the flood study the impacts of sea level rise and climate change impacts will be considered in accordance with the technical requirements of the Office of Environment and Heritage.

Economic

Acceptance of the grant offer may lead to some flood study survey activities being sub-contracted to local surveying businesses. The final flood study findings will assist in minimising economic impacts from future flood events by providing better information for forward planning and response.

Risk

Completion of the flood study project will allow Council to identify the existing flood risk within the study areas of interest in the Pambula River, Pambula Lake and Yowaka River catchments at Pambula and surrounds. The study outputs will assist management of land-use, asset and emergency response planning in the future.

The completion of the flood study project may allow Council to mitigate any future potential financial risks arising from a tightening of DRFA eligibility criteria at a later date.

The two main risks arising from not accepting the grant offer are financial and operational.

To not accept the grant funding imposes a greater financial burden upon Council resources in order to complete the project in order to manage the identified flood risk.

To not proceed with the project, potentially exposes Council to operational risks in matters of land-use planning as governed by the 2005 Floodplain Development Manual: the management of flood liable land.

Councils are the local implementation agents of floodplain risk management according to the NSW Government Flood Prone Land Policy. The 2005 Floodplain Development Manual, is the NSW Government’s Manual for managing flood liable land according to s733 of the NSW Local Government Act 1993. Operation in accordance with the Act and Manual provides Councils, statutory authorities including staff, with indemnity for decisions made and information provided in good faith from the outcomes of the management process of flood liable land.

Social / Cultural

Once the flood study is completed, emergency response and access issues during flood events will be better quantified and more appropriate responses can be developed. This is typically examined in detail during a floodplain risk management study and plan that typically follows flood studies.

Attachments

1 ⇨. NSW office environment & heritage unexecuted grant funding for Pambula River, Pambula Lake and Yowaka River flood study reference 2018-19-FM-0003 maximum amount $152000 (Councillor Only)

Council 30 January 2019

Item 12.6

12.6. Classification of land recently dedicated to Council at Pambula

This report seeks approval to classify land recently dedicated to Council as Operational Land under the Local Government Act 1993 (NSW).

Director Assets and Operations

Officers Recommendation

1. That Council note the 28 day public notification process was completed regarding the proposal to classify Lot 17 and 18 DP 1247734 recently dedicated to Council as Operational Land, with no submissions received.

2. That Council resolve to classify Lot 17 and 18 DP 1247734 at Pambula as Operational Land under Section 31 of the Local Government Act 1993 (NSW).

Executive Summary

The public notification process to classify Lot 17 and 18 DP 1247734 at Pambula as Operational Land has just been completed by Council officers as required under the provisions of the Local Government Act 1993 (NSW) (LG Act) and a Resolution of Council is now sought to finalise the classification process.

Background

Council resolved at its Ordinary Meeting of 12 December 2018, when considering the proposed classification of Lot 17 and 18 DP 1247734, recently dedicated to Council at Monaro Street, Pambula to commence the public notification process to classify the land as Operational Land under the LG Act.

Lot 17 DP 1247734 at Monaro Street, Pambula was dedicated to Council as Drainage Reserve and Lot 18 DP 1247734 as Public Reserve free of any cost or encumbrances as required under Development Consent 2013.437. The land parcels were dedicated to Council for the purpose of preservation of the environmentally sensitive area. Council officers have determined these parcels of Council owned land should be classified as Operational Land to allow flexibility if easements for services are required to be registered over the land in the future or if Council wishes to divest of their interest in the land to a more suitable land owner.

In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the LG Act, a Resolution of Council is now sought to classify the land recently dedicated to Council at Pambula as Operational Land.

4550486

Community Engagement

Consultation undertaken

The public notice advertisement regarding the proposed classification of Lot 17 and 18 DP 1247734 at Pambula for the purpose of preservation of the environmentally sensitive area appeared in the Merimbula News Weekly on Wednesday, 19 December 2018 with the submission period closing on Friday, 18 January 2019. No submissions were received objecting (or otherwise) to the proposal.

Financial and resource considerations

Advertising costs associated with the classification process were allocated from the Property Services budget. There are no ongoing servicing costs associated with the classification of land dedicated to Council.

Council officer time has been required to carry out the land classification process and ongoing management of any future uses of the site may be required.

Legal /Policy

Section 31 of the LG Act provides that a property must be classified within three months of acquisition by Council Resolution or it automatically defaults to Community Land. Section 34 of the LG Act further provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions.

Attachments

Nil

Council 30 January 2019

Item 12.7

12.7. Former Hotel Australasia

This report provides detail of offers received from the three (3) locally based Eden Real Estate Agents relating to the proposed sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia).

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report.

2. That Council consider the offer detailed in the attached Confidential Report and resolve accordingly.

3. That Council delegate authority to the General Manager to continue to negotiate a sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) for a minimum value as determined by Council.

4. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager.

5. That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro.

Executive Summary

This report details offers received for the purchase of 142 – 144 Imlay Street, Eden (Hotel Australasia) from the three (3) locally based Eden Real Estate Agents following the 30 day period given by Council at its Ordinary Meeting of 31 October 2018.

Background

Council resolved at its Ordinary Meeting of 31 October 2018, when considering its position on the sale of 142 – 144 Imlay Street, Eden (Hotel Australasia) to engage the three (3) locally based Real Estate Agents in Eden to provide to Council any offers within the next 30 days. As such, Council officers wrote to the three (3) Agents inviting them to forward Council a standard non-exclusive agency agreement which was executed by Council’s General Manager and returned to their offices on 15 November 2018.

The full Resolution from the Ordinary Meeting of 31 October 2018 is as follows:

1. That Council receive and note the report.

2. That Council note the Request for Quotation (RFQ) process from the three (3) locally based Eden Real Estate Agents to represent Council to market and sell the former Hotel Australasia has now closed.

3. That Council note the Expression of Interest (EOI) process for person/s or groups to enter into a Contract for Sale and Side Deed for the sale, restoration and use of the former Hotel Australasia has now closed.

4. That Council resolve not to accept any of the requests for quotations or EOI’s.

5. That in accord with previous decisions of Council to sell the Hotel Australasia and considering the risk to Council associated with the Australasia Group’s proposal as advised by Council officers, as well as the inability of the group to meet the conditions of the Side Deed, only the submissions from the three real estate firms are considered at this time.

6. That each of the three real estate firms be given the opportunity to enter a standard non-exclusive agency agreement for the sale of the Hotel Australasia and provide to Council any offers within the next 30 days and the General Manager circulate the contract of sale, Side Deed and approved development application to each of the three real estate firms.

7 That the General Manager be delegated authority to sign the agency agreements.

8. That all offers be brought back to Councillors for resolution.

As a result of the above, Council received an offer from one of the locally based Eden Real Estate Agents which is attached for the information of Councillors.

Options

The options available to Council are:

1. Continue to proceed with the sale of the property and accept the recommendation provided by Council officers in the attached Confidential Report and resolve accordingly.

2. Decline to accept the offer received and advise the Real Estate Agent and offeree of Council’s decision and await further offers.

3. Retain ownership of 142 – 144 Imlay Street, Eden (Hotel Australasia). Note: maintaining ownership of the property will require the identification of funds to undertake necessary works on the building and ongoing maintenance and operational budgets. A revised Business Plan on the use of the building and community engagement would also be required.

4. Other options, as raised and resolved by Councillors.

Community Engagement

Consultation undertaken

Council officers wrote to the three (3) locally based Eden Real Estate Agents inviting them to provide Council with a non-exclusive agency agreement, allowing a period of 30 days for offers to be received.

Request for Biancas Restaurant sign to be returned to the family

A request has been received from the daughter of George and Bianca Scolaro who owned the Hotel in the 1980’s and early 1990’s asking for Council to consider the return the sign “Biancas Restaurant” to the business owner’s family.

Financial and resource considerations

All options will have additional financial and resource implications. To date officers have not had time to explore the implications in detail, and this will occur following direction of Council on a preferred approach to moving forwards.

A sale option will include additional officers' time and resources as well as the possible engagement of third parties and legal costs. The attached Agency Agreement details costs associated with the service of the Real Estate Agent that has received the offer as does the officer’s recommendation report. Costs involved in the proposed disposal of land will be offset against the proceeds of sale.

To maintain ownership will require Business Plan preparation, officers' time and resources, capital expenditure and ongoing operational and maintenance budgets to be sourced. This option may result in an income stream being generated in the future depending on usage.

Legal /Policy

Under the Local Government Act 1993 (NSW) (the Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. Section 377(1)(h) of the Act requires a specific Resolution of Council to dispose of any land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

In determining its direction, Council should consider a number of risks associated with this matter including but not limited to:

· Reputational risk in relation to the length of time taken on this matter, and the community's view on how Council is handling the matter.

· Financial risk in relation to the ongoing liabilities related to: building management whilst in Council ownership; the cost of undertaking the sale process; and future costs to undertake major works, should the building stay in Council ownership.

Attachments

1 ⇨. Confidential Report (Councillor Only)

2 ⇨. Detail of offer received (Councillor Only)

3 ⇨. Executed Agency Agreement - Eden Realty (Councillor Only)

4 ⇨. Executed Agency Agreement - InHouse Real Estate (Councillor Only)

5 ⇨. Executed Agency Agreement - Chris Wilson Real Estate (Councillor Only)

6 ⇨. MVS Valuers National South Coast Pty Ltd Valuation Report for laneway portion of 142 - 144 Imlay Street, Eden (Councillor Only)

7 ⇨. Opteon Valuation Report - 142 - 144 Imlay Street, Eden (Councillor Only)

8 ⇨. Request from the Scolaro family for biancas restaurant sign (Councillor Only)

Council 30 January 2019

Item 12.8

12.8. RFT56/18 Bega Valley Regional Learning Centre retaining wall replacement - Tender approval

This report details the outcome of evaluation of Tender RFT56/18 for the replacement of the Bega Valley Regional Learning Centre retaining wall and recommends award to the preferred tender.

Director Assets and Operations

Officers Recommendation

1. That Council accept the recommendations as outlined in the Confidential attachment.

2. That an allocation of $80,000 be made towards the Bega Valley Regional Learning Centre retaining wall project to be funded from the Buildings Reserve and to be adjusted at the next quarterly budget review.

Executive Summary

This report provides detail of the Bega Valley Regional Learning Centre – retaining wall replacement project and Request for Tender (RFT) recommendation.

Background

In June 2018 Council engaged a consulting structural engineer to inspect the structural integrity of a deteriorated landscaped timber sleeper retaining wall at the Bega Valley Regional Learning Centre at Cabarita Place, Merimbula.

The inspection concluded the retaining wall was structurally compromised and the area should be cordoned off until a suitable replacement wall is constructed.

Design plans were produced based on the structural engineer’s recommendation of a masonry blockwork wall with reinforced concrete footings and mass concrete backfill.

Council invited tenders from suitably qualified contractors to replace the existing timber retaining wall at the Bega Valley Regional Learning Centre, Merimbula. Tenders were advertised on 5 June 2018. At the close of the tender period at 12.00pm on 9 January 2019, one submission was received from the following company:

· GJ & C Clarke Building Pty Ltd

Applicants were asked to provide the following:

· Lump sum price breakdown of the works

· Rates for Variation

· Schedule of Key Contact Staff

· Proposed Site Establishment

· Schedule of Consultants, Subcontractors and Major Suppliers

· Community Consultation Plan

· Schedule of Tender Program

· Schedule of Work Health and Safety

· Schedule of Waste Management

· Schedule of Quality Assurance

· Schedule of Additional Information

The tender submissions were assessed against the following evaluation criteria:

Tender Evaluation
Criteria	Weighting
Overall project cost	40%
Proposed construction arrangements, including site establishments and traffic management plan	15%
Construction program, methodology	30%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Work health and safety, quality and environmental management qualifications& experience	10%
Total	100%

Community Engagement

Consultation undertaken

Tenants of the Bega Valley Regional Learning Centre and directly affected landowners have been notified of the proposed works.

Consultation Planned

Surrounding landowners/tenants will be given a minimum 5 days’ notice by letter drop before site works begin. They will be notified of the duration of works, increase noise due to construction machinery, requirements for access and traffic delays around the site.

Financial and resource considerations

Council’s insurer is assessing the damage/failure to the retaining wall as a potential claim.

The funds weren’t budgeted for as the works were identified after the budgeting process was completed. An allocation from the Building Reserve is recommended to complete the project with the funds to be adjusted at the next quarterly budget review.

Funding source		Amount
Building Reserve	$	$80,000

Legal /Policy

The tender process complied with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

If works are not undertaken within the near future there is an increasing risk the retaining wall will fail and cause further costly damage to the adjacent main building.

Attachments

1 ⇨. Confidential Memo RFT 56/18 Bega Valley Regional Learning Centre retaining wall replacement (Councillor Only)

Council 30 January 2019

Item 12.9

12.9. Bega Preschool land tenure

Council’s consideration is being sought to the divestment of ownership of Lot 22 and 23 DP 237800 Koolgarra Drive, Bega to rectify ownership issues associated with the land parcels.

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report.

2. That Council approve the divestment of its current interest in both lots 22 and 23 DP 237800 at Koolgarra Drive, Bega by way of gift to the Bega Pre-School Association Incorporated; for a nominal sum of $1.00 with Bega Pre-school Association Incorporated to pay all costs associated with transfer pending provision of an updated Constitution reflecting current dissolution arrangements.

3. That the General Manager and Mayor be authorised to execute the necessary documentation to affect the above course of action.

4. That all legal costs associated with this transaction be borne by the Bega Pre-School Association Incorporated.

5. That Bega Pre-School Association Incorporated be advised of Council’s decision.

6. That Land Owners Consent to the current Development Application be granted to allow for the Application to be assessed while the transfer of the land takes place.

Executive Summary

Council is in receipt of a Development Application (DA) for additions to the Bega Pre-school located on Lot 22 and 23 DP 237800 Koolgarra Drive, Bega. In order for Council to assess the DA, Land Owners Consent will need to be provided as Lot 22 DP 237800 is owned by Council in its own capacity, but Lot 23 DP 237800 is only owned by Council as trustee for the Bega Pre-school Kindergarten Association.

A Resolution of Council is being sought to rectify the current ownership issues by divesting of Council interest in the land to the Bega Pre-School Association Incorporated for a nominal value.

Background

A report was presented to Council’s Ordinary Meeting of 18 October 1977, regarding ownership issues relating to Lots 22 and 23 DP 237800 in Koolgarra Drive, Bega which are occupied by Bega Pre-school. The report notes the Bega Pre-school Kindergarten Association originally approached Council in 1973 to advise they believed a second kindergarten was necessary in the Bega area. Housing Commission owned land in the Glebe area which was identified as a possible site for a second kindergarten, but after several unsuccessful funding applications, it was agreed it would be more economical to plan future development as an extension of the existing kindergarten site (Lot 23 DP 237800). An approach was made to Council by the Bega Preschool Kindergarten on 8 June 1976 for Council to acquire an adjoining allotment of land (Lot 22 DP 237800) in Koolgarra Drive. Council records show Lot 22 DP 237800 was subsequently purchased by Council in September 1976 for the amount of $5,000. A Deed of Trust was executed on 19 October 1977 over Lot 23 DP 237800 only. It is unclear why both Lots were not included in the Deed of Trust at that time.

The Bega Pre-school Association Incorporated has lodged several DAs for alterations and additions to the facility (2004.343, 2010.526 and 2016.199) with Council over the years and Land Owners Consent has been issued on these occasions as has Development Approval. The ownership issues were raised in a report to Council dated 21 December 2010 in relation to the Development Approval as it was a condition of the Development Consent that:

“Lots 22 & 23 in Deposited Plan(s) 237800 shall be consolidated. A copy of the registered plan of consolidation (from Land and Property Information) shall be submitted to the Principal Certifying Authority prior to the release of an Occupation Certificate for the building.”

In April 2011 Council officers sought the advice of Lindsay Taylor Lawyers as to the options available to Council to address the ownership issues and possible consolidation of the titles for Lots 22 and 23 DP 237800. The legal advice received indicated that Council had three options:

· Option 1 - The Pre-school could surrender its beneficial interest in Lot 23 DP 237800, so that it becomes the property of the Council.

· Option 2 - A further declaration of trust could be executed by Council whereby it declares Lot 22 DP 237800 is held by Council on trust for the Pre-school. However, this would involve Council divesting itself of its outright ownership of Lot 22 DP 237800, and giving the Pre-school beneficial ownership of that land.

· Option 3 - If it is not considered appropriate for there to be any transfer of interests in the properties, then the status quo could be maintained. This would require the relevant Development Consent to be modified to delete the condition requiring consolidation of Lot 22 and Lot 23 DP 237800.

Following receipt of the advice from Lindsay Taylor Lawyers it appears Council officers advised Bega Pre-School Association Incorporated to submit a section 96 modification to remove the Condition of Consent which required consolidation of Lots 22 and 23 DP 237800. Council records show the section 96 modification application was never submitted to address consolidation of the lots; however, a final Occupation Certificate was issued by Council on 30 January 2012.

Bega Pre-School Association Incorporated is a not for profit community based pre-school licenced by the Department of Education to provide early childhood education to 40 children per day between the ages of 3 and 6 years. The pre-school is celebrating 50 years in operation this year and provides an important service to the community.

Council already offers early childhood education services in the Bega area and no longer needs to be associated with this organisation. No formal tenure arrangements over the site have ever been in place therefore Council has not received any income from providing the service to date. The buildings on the land are owned by Bega Pre-School Association Incorporated and Council does not provide any capital renewal or maintenance support for these assets.

Options

The options available to Council are:

· Divestment of Council’s interest in both lots 22 and 23 DP 237800 to Bega Pre-School Association Incorporated for a nominal value on the basis the land is either held under trust for the Bega Pre-school Kindergarten Association or was purchased for the purpose of providing a pre-school to the Bega area; OR

· Divestment of Council’s interest in both lots 22 and 23 DP 237800 to Bega Pre-School Association Incorporated for a value as determined by Council. Noting the Bega Pre-School Association Incorporated has advised Council officers as a not for profit organisation, there are no available funds to purchase the land. The current DA is being funded through grant funding; OR

· Enter into a formal tenure arrangement with Bega Pre-School Association Incorporated which contains applicable indemnity and insurance clauses to ensure appropriate management of the land into the future; OR

· Maintain the status quo and retain ownership of the land. This option is not recommended as Council has no formal tenure arrangement with Bega Pre-School Association Incorporated to mitigate Council’s indemnity and insurance liabilities.

Community Engagement

Consultation undertaken

Upon lodgement of the most recent DA Council officers met with the Bega Pre-School Association Incorporated to discuss the ownership issues. The Bega Pre-School Association Incorporated confirmed at that meeting they were not in a financial position to purchase the land from Council; however, have requested Council consider transferring the site to them for a nominal sum on the basis the land is dedicated for the purpose of providing a pre-school and they already have a legal interest in part of the property (Lot 23 DP 237800).

Financial and resource considerations

The recent Valuer General’s (VG) land valuation for the land at Koolgarra Drive, Bega provides a total land value of $73,700 for Lot 22 DP 237800 and $68,000 for Lot 23 DP 237800. If required, a more detailed valuation of Lots 22 and 23 DP 237800 could be obtained from an independent valuer. If Council were to resolve to sell the site to Bega Pre-School Association Incorporated rather than transfer the asset for nominal consideration, the Deed of Trust would need to be taken into account in determining a fair market value.

Council purchased Lot 22 DP 237800 in September 1976 for the amount of $5,000 for the purpose of expanding the existing pre-school located on Lot 23 DP 237800. Council has never received any rental income from the site and the land is not currently recorded in Council’s asset register.

All legal costs associated with the proposed transfer should be borne by the Bega Pre-School Association Incorporated.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter through Resolution of the Council. The reasons for the proposed disposal of an asset below market value however, must be clearly articulated within the report submitted for consideration by the Council. As the land was either purchased for the purpose of providing a pre-school in the Bega area or held under trust for the same purposes it is considered appropriate on this occasion to dispose of Council’s interest in the asset for a nominal value. This has previously been done where Council approval was given in 2015 to divest Council’s share of the Haven Place Retirement Village, by way of gift to the Lions Club of Tathra Incorporated for a nominal sum of $1.00. The justification for divestment of an asset below market value in both these situations is that the land is being used for the purpose in which it was originally acquired and held under trust by Council which prevents other community uses of the land. Furthermore, the Constitution as it stands provides that upon dissolution of Bega Pre-school Kindergarten Association, assets be handed over to registered or exempt charities or to the Bega Valley Shire Council. It is noted the current Constitution may not align with current regulation and prior to any transfer taking effect (should Council consider a transfer price less than market) it is recommended the Pre-school be required to provide an updated Constitution that reflects current dissolution arrangements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Lot 22 DP 237800 is owned by Bega Valley Shire Council in its own capacity and Lot 23 DP 237800 is owned by Bega Valley Shire Council as trustee for the Bega Pre-school Kindergarten Association, both lots have been classified as Operational Land under the LG Act.

Risk

Should Council resolve to retain ownership of the land there are no adverse risks in allowing the land to continue to be occupied by the Bega Pre-School Association Incorporated as long as the use is authorised by way of a formal occupation agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇨. Bega Pre School Kindergarten Association Declaration of Trust (Councillor Only)

2 ⇨. Bega Pre School Kindergarten Association Constitution and Rules (Councillor Only)

Council 30 January 2019

Item 12.10

12.10. RFT 75/18 Supply and installation of guardrail

This report details the outcome of evaluation of Tender RFT 75/18 for the Supply and installation of Guardrails Schedule of rates for a 2 year fixed term within the Bega Valley Shire Council boundaries and recommends an action for the tender.

Director Assets and Operations

Officers Recommendation

That Council accept the recommendations as outlined in the Confidential attachment.

Background

Council invited tenders from suitably qualified contractors to supply and install guardrail to the Bega Valley Shire for a fixed term of two (2) years. Tenders were advertised in on 4 December 2018. At the close of the tender period at 12.00pm on 9 January 2019 four submissions were received from the following companies:

· Western Safety Barriers Group Pty Ltd

· Irwin Fencing Pty Ltd

· A1 Highways Pty Ltd

· McIntosh Fencing Pty Ltd

Applicants were asked to provide:

· Schedule of Rates

· Schedule of Key Contact Staff

· Proposed Site Establishment

· Schedule of Consultants, Subcontractors & Major Suppliers

· Community Consultation Plan

· Schedule of Tender Program

· Schedule of Work Health and Safety

· Schedule of Waste Management

· Schedule of Quality Assurance

· Schedule of Additional Information

The tender submissions were assessed against the following evaluation criteria

Tender Evaluation
Criteria	Weighting
Overall project cost	60%
Proposed construction arrangements, including site establishments and traffic management plan	10%
Construction program, methodology	10%
Recognition of local outcomes, demonstration of support for local business and community enterprise	10%
Work health and safety, quality and environmental management qualifications& experience	10%
Total	100%

The tendered rates received are considered high compared to rates received from South East NSW guardrail suppliers in 2017/2018 and based on the tendered rates, Council would not be able to deliver its scheduled guardrail program.

The Confidential Memo attached to this report further discusses causes, consequences and a recommended solution to provide better value for money

Legal /Policy

The tender process complied with the Local Government Act 1993.

The Local Government (General) Regulation 2005 under the Local Government Act 1993 Division 4 Clause 178 allows Council to decline all tenders and

(e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender.

Attachments

1 ⇨. Confidential Memo RFT 75/18 for the Supply and Installation of Guardrail (Councillor Only)

Council 30 January 2019

Item 12.11

12.11. Road Load limits on Mogilla Road, West Kameruka Road, Kameruka Lane and Candelo-Wolumla Road

This report provides an update on road load limits in the Candelo/Wolumla area and a recommended course of action.

Director Assets and Operations

Officers Recommendation

1. That Council note the correspondence received by the NSW Government recommending area based limits in the Candelo-Wolumla area.

2. That Council refer the issue of road load limits in the Candelo/Wolumla area for technical review to the Local Traffic Committee with a specific focus on the application of an area based load limit.

Executive Summary

Load limits had previously been imposed on Mogilla Road, West Kameruka Road, Kameruka Lane and Candelo-Wolumla Road. Following a number of complaints from local operators relating to the impacts on their operations which coincided with the need to transport additional feed to support livestock, Council resolved to temporarily lift the load restrictions and seek a better outcome to manage roads within the Candelo and Wolumla area.

This report provides an update on actions and changes since the issue was previously considered by Council, discusses options and provides a recommended course of action.

Background

At the 29 August 2018 meeting of Council, the following was resolved:

That Council take appropriate measures to avoid impacts to the local agricultural sector through load limits currently imposed on roads within the Candelo/Wolumla area which may include:

a. Advocacy to the NSW Government to provide greater flexibility in current regulation that provides better mechanisms for discretionary exemptions by roads authorities for use of roads with imposed load restrictions

b. Undertaking necessary steps to have load limits temporarily revoked on Mogilla Road, West Kameruka Road, Kameruka Lane and Candelo-Wolumla Road until necessary regulatory changes are made with a further review in six months

Load limits were originally placed on a number of roads (being those roads listed in the Resolution above) within the Candelo/Wolumla area of the Bega Valley Shire with the intention of avoiding non-local heavy vehicle traffic using local roads as a through heavy vehicle route.

None of the above roads have been constructed to cater for large volumes of heavy vehicles with the villages of Candelo and Wolumla also not developed to cater for this traffic.

To place this in context, traversing the roads listed results in a significantly shorter travel distance for vehicles coming from the west of the Bega Valley Shire, travelling along the Snowy Mountains Highway, with a final destination south of Bega (and vice versa). The route these vehicles should be travelling is the Snowy Mountains Highway, through to the Princes Highway in the east and then south along the Princes Highway.

A diagram indicating the roads that were previously load limited, the effected roads as well the highway is attached to this report for reference.

The road rule causing the inability to achieve a practical outcome that meets the needs of allowing local traffic use and preventing through traffic is Road Rule 104.

Part 4 of Road Rule 104 is replicated below:

(4) This rule does not apply to a driver if the destination of the driver lies beyond a no trucks sign and:

(a) there is no other route by which the driver's vehicle could reach that destination, or

(b) any other route by which the driver's vehicle could reach that destination would require the vehicle to pass another no trucks sign.

The achievable outcome is that local heavy vehicle traffic can use the local road network but through traffic can be prevented. The way part 4(b) above operates, is that if there are other roads that could be used to get to the local site that means not going on a load limited road, then the truck has to take the other route (even if it means massive additional travel distances as in the case in the examples provided). Ideally, there should be some ability to undertake a merit based assessment to make exemptions but this is not currently possible and regulators (NSW Police/RMS) have previously been taking a strict compliance approach or put simply acting “by the book” in enforcement.

Since Council made its Resolution in August 2018, the Mayor has written to relevant Ministers and RMS seeking changes to allow some sort of exemptions/concessions or permit system to be in place. The model sought was something similar that currently applies to non–standard vehicles (e.g. over size, over mass). Since writing, a meeting was held with relevant representatives of RMS/Transport for NSW and correspondence has been received back, with key correspondence sent and received attached to this report for reference.

Essentially, the advice received back was that the imposition of area based load limits (or more load limits) was the feasible solution.

As is evident from consecutive items of correspondence, the NSW Government are not willing to consider a regulatory change with part of the justification being “…I am sure you appreciate the timeframes involved in legislative or even regulatory amendments…”.

Options

There are several options available to address the ongoing issue of load limits within the Candelo/Wolumla area with the main ones as follows:

· Continue to advocate for a change in regulation

· Not reinstate any load limits in the Candelo/Wolumla area

· Impose area based load limits in the Candelo/Wolumla area

· Reinstate previously imposed load limit on specific roads within the Candelo/Wolumla area

It is recommended Council refer the options to the Local Traffic Committee for consideration prior to making a final decision with a preferred option provided to the Traffic Committee for priority consideration.

Given the recommendations received from the NSW Government and RMS on the imposition on area based load limits, it is recommended this be the priority action for consideration by the Local Traffic Committee. Should the option be recommended/endorsed back to Council it would be considered prudent that any negative consequences be provided back to RMS/Government to support a case for future regulatory change.

It is recommended that in considering an area based load limit, it should cover all likely and realistically possible “shortcut” routes. An initial assessment should include Sams Corner Road to the west off the Snowy Mountains Highway (near Bemboka) to Candelo-Wolumla Road south on the Princes Highway near Wolumla. All roads in the wedge between should be included. The diagram attached to this report includes an indication of the two intersections referred to.

Community Engagement

There has been no recent targeted community engagement in relation to load limits and heavy vehicle movements within the Candelo/Wolumla area, however regular correspondence and complaints have been received in relation to heavy vehicle traffic within the area. Enquirers have also been received as to when Council would be reconsidering the matter.

Financial and resource considerations

Should Council consider reimposing some form of load restrictions, be they area based or specific, there would be some cost associated with signage installation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Each of the options available comes with its own set of risks and implications. Given evidence to date, it is unlikely the Government is amenable to changing the regulatory framework.

It is likely there will be some form of ongoing conflict in opinions if load limits of any kind either are or are not in place. This is due to the sometimes-opposing views of local residents and industry operators (in some cases both).

Moving to an area based load limit brings an added potential for reputational risk to Council through industry perceiving Council as being unsupportive and overly obstructive, although this would not be the intention or the reality.

By not imposing some form of restrictions to limit through and non-local traffic there is additional safety risk due to more vehicles on the road as well as a reduction in useful life and premature failure of roads and associated assets.

Attachments

1 ⇩. 2018.08.30 Letter to Minister Constance regulation of load limits on certain roads in the Bega Valley Shire

2 ⇩. 2018.10.08 Letter to Minister Constance road load limits cc to Minister Pavey and Mr Kanofski

3 ⇩. 2018.11.14 Letter from Kevin Anderson MP parliamentary secretary for regional roads maritime & transport re road limits on roads in the Bega Valley Shire

4 ⇩. Map in reference to road load limits around Candelo and Wolumla

Council 30 January 2019

Item 13.1

13.1. Councillor Conference attendance January - June 2019

This report outlines the proposed Councillor attendance at conferences for the next 6 months.

General Manager

Officers Recommendation

That Council determine Council’s delegate representatives for Conference attendance, January - June 2019.

Background

Councillors are afforded the opportunity for training and development through consultation with the General Manager. Changes to the Local Government Act 1993 will mandate development of a continuing professional development plan for Councillors into the future. A report and development of a Council policy on this will be reported to Council in the next six months. Good governance practice supports ongoing, professional development as critical to improving organisational and governance performance.

Training and development opportunities, as well as attendance at seminars and conferences are required to be reported to Council and for Council to resolve which Councillors will attend as Council’s representatives.

It has been identified that providing a Councillor Development Program (CDP) for the full year in advance will enable most training and development opportunities to be reviewed by Councillors in one instance, therefore eliminating the repetition of resolving attendees to these programs/conferences at separate Council meetings. This process also allows for Council officers to ensure early bird booking discounts for events well in advance. Other opportunities that may arise during the year have not been identified in this report but can be reported to Council on a case by case basis.

Councillor Delegate and Representatives Appointments

At the Council Meeting on 19 September 2018, the delegates and representatives for Council Committees and Panels were resolved.

The CDP has identified the conferences/forums these delegates should be nominated to attend. The list of conferences/forums is detailed in the table below:

Date	Program	Attendees	Status	Estimated Cost (Reg, Travel, Accom)
6 – 8 March 2019	2019 Australian Coastal Councils Conference, Kiama	Council is a member of this group and Cr Griff is the nominated Councillor	To be resolved	$2,000
17-19 March 2019	LG NSW Tourism Conference, Terrigal		To be resolved	$3,000
4-6 April 2019	Australian Local Government Women’s Association NSW Branch Annual Conference (ALGWA NSW), Liverpool	Open to female Councillors	To be resolved	$1,500 (per delegate)
May 2019	Australian Local Government Women’s Association (ALGWA), City of Blacktown	Open to female Councillors	To be resolved	$1,500 (per delegate)
16-19 June 2019	Australian Local Government Association National General Assembly Canberra	Mayor and Councillors to be nominated	To be resolved	$2,000 (per delegate

Financial and other considerations

The 2018/19 Budget provides for $22,000 for elected officials for events/conference attendance. Items committed against the allocation include course registration, travel, accommodation and ancillary costs. The figures above are only estimates at this stage.

Funding source		Amount
Elected Officials - attendance at events (yearly budget allocation)	$	22,000
Available budget	$	21,162

It should be noted, we are currently reviewing Council’s membership to peak bodies and Associations, a report outlining Council’s membership costs and the financial or strategic benefits of membership to these organisations will be provided to Council for consideration at the Ordinary Council Meeting in February 2019.

Attachments

Nil

Council 30 January 2019

Item 13.2

13.2. Former Bega Hospital, 1 McKee Drive Bega,

Council has been in discussions with NSW Health Infrastructure since 2015 about the potential future opportunities for the former Bega Hospital site. TAFE NSW has now secured part of the site and this report outlines the present position.

General Manager

Officers Recommendation

That Council note that the Heads of Agreement resolved by Council in April 2016 has lapsed.

That Council note the work that has been done to support land use planning opportunities for the site and provide Health Infrastructure and the Southern NSW Local Health District Board with the draft land use master plan opportunities for the precinct for their action.

That Council note the ongoing discussions in relation to achieving an education, community, research library on the site with a report to be brought back to Council on any progress of this concept.

Executive Summary

Background

Council has been in negotiations with Health Infrastructure (HI) since 2015 about the potential future opportunities for the former Bega Hospital site following the opening of the South East Regional Hospital. HI act as the property arm of Health NSW and the client in this case is the Southern NSW Local Health District.

Councillors were provided a full confidential background report on this issue in November 2016 as the matter had moved forward in the period between April and June 2016. A Heads of Agreement (HoA) had been agreed by Council in April 2016 and Council officers had requested Lindsay Taylor Lawyers review the Contract of Sale prior to any further action by Council. This HoA has now lapsed due to TAFE NSW developments progressing on the site with ownership of part of the site moving from Health to the Department of Education and Training.

Council’s position has always been as a facilitator of an outcome for this site and that it should proceed to ensure a benefit to the region with no or minimal financial impact on Council. Council has facilitated discussions with a range of potential organisations interested in aspects of the site and has assisted the Local Health District and Health Infrastructure through the development of a draft site masterplan to facilitate potential land use options for the site. This draft plan is currently with Health Infrastructure for assessment and staff are currently awaiting advice and a further report will be presented to Council once a response is received if HI resolve to request any planning advice or action for the site.

Key issues for Council officers have always been the potential impact of risks identified in the reports provided by the various consultants to Health Infrastructure. It should be noted these have been undertaken by companies who have good reputations, however the reports have some limitations in their scope.

Council officers consider the former mortuary site and the main hospital building as the key risks. Whilst a number of proposals looked at re-use of the current hospital site, it is the view of all parties that the best option would be demolition which has a very significant cost. The current building has also been a significant deterrent to organisations potentially interested in the site.

NOVEMBER 2016 RESOLUTION

Council considered a full report on the history and current status of this matter (with all past reports and consultants reports appended) in Closed Session on 23 November 2016 and Resolved:

1. That Council direct staff to renegotiate the Head of Agreement with Health Infrastructure relating to the possible purchase of the (former) Bega Hospital site, Auckland Street, Bega addressing the following items:

· Renegotiation of the purchase price for consideration by Council reflecting a price that considers the identified risks associated with the current main building and associated demolition costs as per Item 3 of the Heads of Agreement.

· That Health Infrastructure be required to undertake a rezoning of the site to B4 including a height limit to 16 m.

· That the purchase price reflect the reduction in offered tenancy from the Local Health District

· That the purchase price be dependent on the signing of an anchor tenant separate to the LHD

2. That Council continue discussions with potential tenants and identify other potential funding sources to assist with demolition and other costs

3. That the outcomes of the negotiations be reported to Council for further consideration.

It is felt appropriate that Council reports now be declassified. It should be noted that all assessment reports on the site are the property of Health Infrastructure and will not be released by Council.

APRIL 2017 ANNOUNCEMENT

In April 2017, Minister Constance announced the site had been identified as the location for the new TAFE NSW Connected Learning Centre which has been funded for Bega.

Council engaged a planning consultant to work with interested parties and develop an outline of a site plan and planning frameworks which could accommodate the range of potential uses.

A series of two working party sessions were held to look at master planning of the site. These were attended by all potentially interested parties including: TAFE; Bega Cheese; Bega High School; the University of Wollongong; Tulgeen; and the Local Health District.

Continued discussions been undertaken particularly with Minister Constance and the Local Health District Board in relation to the State Government undertaking the demolition of the hospital building which has been the most significant, single impediment to any of the potential site users to progressing any planning for the site.

TAFE NSW have progressed their DA and construction for the Connected Learning Centre which will commence operations in 2019 and is currently taking enrolments.

JANUARY 2019 UPDATE

The iAccelerate program is currently co-located with the current University of Wollongong campus for administration and is utilising the Bega Valley Commemorative Civic Centre for workshop sessions.

An extra $17 million dollars was announced, by the NSW Government, on 10 December 2018 for the development of Bega TAFE at the former Bega Hospital site as stage 2 with the existing Barrack Street campus to close, replaced by a new facility on the corner of Auckland Street and McKee Drive, next to the former Bega Hospital.

The new facility will allow TAFE NSW to introduce a range of hands-on courses in Bega, including agriculture, bricklaying, carpentry, electrical, early childhood education and care, health services, and plumbing.

One aspect of the move of TAFE NSW to the site for the Connected Learning Centre and a full TAFE campus is the opportunity presented to develop a one-stop education, community, research library on the site. Council currently provides the community library service and the University of Wollongong service at the Zingel Place Library. Space in the current footprint is limited and there is no capacity for new developments. TAFE NSW provide a library at the current Barracks Street campus and there is a limited service at the Bega High School. There is the potential of realising significant operational advantages by co-locating all library services into one integrated facility.

Contact has been made to the University of Wollongong, TAFE NSW, and the Department of Education and Training to gain their concurrence to commence investigating such a development on the site. There is also potential to consider refurbishment of the existing nurses accommodation building to support student accommodation for all the educational institutions and to link the sites.

The remainder of the site allows for Health Infrastructure and the Local Health District Board to consider options for sub-division for use by other parties or sale.

Community Engagement

Consultation undertaken

There has been consultation, approved by the land owner, with potential users of the site. There has not been any broad community consultation undertaken by Council as Council is not the owner of the site.

Consultation Planned

If Council resolve to support investigating the development of a co-located, one stop library facility then a community engagement process will be developed to allow community input into the proposal particularly focussing on how it relates to the movement of the Council facility.

Council consideration of input

If other potential partners indicate an interest in progressing the proposal of an integrated library service a further report will be prepared for Council consideration.

Legal /Policy

The Heads of Agreement, which Council formally resolved to enter into in April 2016, has now lapsed due to aspects of the site being in changed ownership. Council has resolved in closed sessions on two occasions to continue negotiations however this is now no longer applicable due to the changed ownership of aspects of the site. The previous draft Contract of Sale was unacceptable to Council and also now lapses.

Risks

The former Heads of Agreement and draft contract of sale potentially exposed Council financially. This risk has been mitigated by the lapsing of the Heads of Agreement.

The proposal of investigating a co-located library service would not be on any of the sites identified with a risk overlay. It should however be noted that the Connected Learning Centre development has had to undertake considerable review of the site due to its former use as a hospital.

Location of any potential building would need to be carefully considered and resolved by Council should this proposal progress.

Financial and resource considerations

The development would be part funded by all parties if the proposal progressed and would be a project submitted for funding to the State and Federal Governments. Further details on this will be presented for Council consideration if the project progresses.

To date Council’s commitment to assist the development of the site has been through facilitating master planning sessions and the development of a draft master plan for the site which presents planning opportunities for Health Infrastructure and the Southern NSW Local Health District.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of an integrated education, research precinct in Bega has been included in Council’s Delivery Program. The project is also one which is identified in regional plans.

Attachments

Nil

Council 30 January 2019

Item 13.3

13.3. Review of Procedure 6.02.4 Payment of expenses / facilities for Councillors

Proposed amendments and additions to Bega Valley Shire Council’s procedure 6.02.4 Payment of expenses / facilities for Councillors are intended for public exhibition.

General Manager

Officers Recommendation

1. That Council note the sitting fee of $250 per meeting for Council delegates set by Canberra Region Joint Organisation.

2. That Council adopt a sitting fee of $600 per meeting for Joint Regional Planning Delegates elected by Bega Valley Shire Council.

3. That Council adopt the revised Procedure 6.02.4 Payment of expenses / facilities for Councillors Version 5.

4. That Procedure 6.02.4 Payment of expenses / facilities for Councillors Version 5 be exhibited for a period of 28 days, with submissions to be received for 42 days from the first date of exhibition.

5. That a further report be presented to Council on any submissions received, or if no submissions are received, the revised procedure be published on Council’s website.

Executive Summary

Councils must adopt an expenses and facilities procedure, which must comply with the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

Procedure 6.02.4 Payment of expenses / facilities for Councillors, has been updated to reflect changes in the Local Government Act/Regulations particularly relating to the creation, through legislation, of Joint Organisations of Councils and to note payment of allowances/sitting fees to Councillors representing Bega Valley Shire Council on Boards and Panels as part of their Councillor role. A copy of the draft procedure version six has been circulated to Councillors separately.

Background

External Committees/Board Sitting Fees

Councillors are appointed via Council Resolution to represent Council on a number of internal and external groups, Committees and Boards. Appointments were last made at the Council Meeting on 19 September 2018 and information can be found on Council’s website:

Agenda of Council - 19 September 2018

13.2 Committee and Panel Delegates and Representatives 2018/2020 - Minute

Sitting fees apply to a number of external groups, with payment amounts and responsibility set in a number of ways.

Canberra Region Joint Organisation

The Canberra Region Joint Organisation (CRJO) has been operating for four years with Bega Valley Shire Council joining in 2016. The CRJO was formally proclaimed on 11 May 2018.

Membership of the proclaimed CRJO is: Bega Valley Shire Council; Eurobodalla Shire Council; Goulburn Mulwaree Council; Hilltops Council; Queanbeyan-Palerang Regional Council; Snowy Monaro Regional Council; Upper Lachlan Shire Council; Wingecarribee Shire Council; and Yass Valley Council.

Council received a report on 8 August 2018 regarding the establishment of the CRJO which included information about their payment of sitting fees policy:

13.1 Canberra Region Joint Organisation establishment

The CRJO has since resolved:

“RESOLUTION 35/2018

1. That the policy CL1.01.3 be adopted with Item 5.8.1 be amended to include that the CRJO policy provides that remuneration be paid to the Chair and sitting fees be available, on application, to Mayors or delegates for attendance at meetings in line with other Local Government NSW bodies.

2. That the CRJO Board resolve to amend the budget to include an allocation of up to $10,000 for the expenses in line with a sitting fee of $250 per Board meeting being available for each member.

The Mayor of member Councils as the representative to this Board is able to apply for payment of the sitting fee paid by the CRJO if they choose to make a claim.

Council’s delegate (the Mayor or delegated representative) would also be entitled to relevant travel, meal and accommodation expenses as outlined in the draft procedure, which would be paid by Bega Valley Shire Council.

The CRJO has noted that the 2018 Local Government Remuneration Tribunal Determination for County Councils (other) for Board Members sets an annual fee of $1780 to $5910. The annual sitting fee allowance for CRJO will be $1000 for attendance at four meetings. The CRJO Board will receive a report in February 2019 recommending the CRJO lodge a submission to the Local Government Remuneration Tribunal requesting that Joint Organisations be included in future Tribunal determinations.

Joint Regional Planning Panel (JRPP)

On establishment of Joint Regional Planning Panels (JRPPs) in 2009 a sitting fee of $600 was recommend by the Minister for Council delegates attending JRPP meetings as outlined below and reported to Council on 15 December 2009:

Whilst the Minister has not formally set fees for Council nominated members the following has been suggested:

· Elected councillors: As councillors already receive an annual fee set by the Local Government Remuneration Tribunal each year for performing their councillor duties, an additional per meeting fee of no more than $600 appears reasonable, recognising that membership of the Regional Panel will bring additional responsibilities.

The Planning Panel Operational Procedures (September 2016) which can be found on the Department of Planning and Environment Website, now state.

Planning Panels Operational Procedures

Payment of council members

Councils determine the fees they pay their panel members. The Minister has provided guidance to all councils on appropriate rates of remuneration for travel and subsistence allowances for their members. Each council is responsible for making payments to its panel members when they attend planning panel meetings.

It is proposed that Council set a JRPP Sitting fee of $600 per meeting in line with its previous position. This reflects an amount in line with ministerial recommendation and the neighbouring Councils adopted JRPP sitting fees.

Amendments to the attached draft Bega Valley Shire Council Draft Procedure 6.02.4 Payment of expenses / facilities for Councillors, now note the sitting fees for the Joint Regional Planning panel and that these sitting fees are set and paid by Bega Valley Shire Council.

Council’s delegate and/or alternative delegate as appointed by Council Resolution, would also be entitled to relevant travel, meal and accommodation expenses as outlined in the draft procedure, which would be paid for by Bega Valley Shire Council.

Community Engagement

Consultation Planned

Once the Draft updated Procedure 6.04.2 Payment of Expenses/Facilities for Councillors has been adopted in principle by Council, it will be exhibited for a period of 28 days, and community submissions received for 42 day from the first date of exhibition.

Council consideration of input

A further report will be presented to Council should any submissions be received following the public exhibition period.

Financial and resource considerations

Council has adopted the 2018/2019 budget which includes an allocation amount for payment of Councillors facilities and expenses.

Payment of Councillor allowances are determined by the Local Government Remuneration Tribunal Determination with an upper and lower limit based on the size of the Council. A report is presented to Council annually to set the amount for Bega Valley Council.

Legal /Policy

Attachments

Nil

Council 30 January 2019

Item 13.4

13.4. Community Service Medallions - Appointment of Committee Members

This report outlines the nominations to join Council’s Bega Valley Community Service Medallion Committee, in line with adopted Guidelines and seeks Council's approval to appoint additional Committee members.

Executive Manager People and Governance

Officers Recommendation

1. That Council adopt the recommendations outlined in the Confidential Memorandum.

2. That the following persons be accepted as additional Committee Members of the Bega Valley Community Service Medallion Committee (insert names).

3. That Council note the Committee will consider nominations for 2019 Bega Valley Community Service Medallions in March and will provide recommendations for consideration and approval by Council.

Executive Summary

The Community Service Medallion Awards (the Awards) have been an important and appropriate way to recognise outstanding volunteering service by members of our Community since 2000.

The appointment of the Committee Members of the Bega Valley Shire Community Service Medallion Committee as per the approved Guidelines will enable the Committee to consider nominations for Council approval for the annual Awards, therefore continuing this important tradition.

The Guidelines indicate Committee terms will be for four years and will comprise a maximum of six community members. There are currently three active Bega Valley Medallion Committee Members:

The Mayor as Chairperson – re-appointed October 2018

Ms Lori Hammerton – appointed in 2017

Ms Cheryl McCarthy- appointed in 2017

Background

Bega Valley Shire Council has presented these Awards annually since 2000, with a volunteer Committee considering nominations and determining award recipients. These Awards are known as the Bega Valley Community Service Medallions.

Council resolved in 15 March 2017:

That further potential members be identified and recommended to Council ensuring diversity and location across the Shire”

No formal nominations to join the Committee were received prior to the Medallion Committee Meeting to determine the 2018 awardees.

Since that time Council has received several applications to join the volunteer Committee and details of the applications have been provided to Councillors via Confidential Memorandum.

Nominations are currently open for the 2019 Awards and the nomination period will close on Monday 11 March 2019. These nominations will be considered by the Committee, who will provide their recommendations for Council approval for the 2019 Awards recipient/s.

Council endeavours to support community volunteer activities in a variety of ways and the Annual Community Service Medallion Awards is an important part of this recognition and support.

Attachments

1 ⇨. Bega Valley Community Service Medallion additional committee nominations (Councillor Only)

Council 30 January 2019

Item 13.5

13.5. Revoke the referral of unpaid debt

Revenue NSW have provided Council with a Report detailing enforced fines which have been written off by Revenue NSW.

General Manager

Officers Recommendation

That Council approve writing off the debts detailed in the Report below by notifying Revenue NSW the referral of these debts has been revoked.

Executive Summary

Revenue NSW has provided Council with a Report detailing two fines which they consider unrecoverable and consequently written off by Revenue NSW. The details of the two fines are:

· An $88.00 parking fine from 12/10/2011 from an interstate registered vehicle.

· A $253.00 parking fine from 24/08/2016 for a vehicle registered to a company that has ceased operating according to ASIC searches.

Revenue NSW have advised that both of the fines are uneconomic to pursue and have requested Council endorse the writing off of these debts.

Section 695A of the Local Government Act 1993 (see below) indicates Council should revoke the referral of the unpaid amount to the Chief Commissioner of State Revenue. The recommendation of Council officers is that such a revoking of these fines should be communicated to Revenue NSW to formally write off these two outstanding debts that are considered uneconomic to pursue further.

Options

The recommended option is to notify Revenue NSW the referral of these debts has been revoked. This is in line with the advice received from Revenue NSW that these debts are uneconomic to pursue further.

The alternative option would be that Council pursue the debts internally. This is not economically viable given the size of the debt and recovery action is unlikely to be successful.

Financial and resource considerations

Revenue that has been recognised in previous years and not budgeted to be receipted this year.

Funding source		Amount
General fund	$	341.00

Legal /Policy

The relevant section of the Local Government Act 1993 and the State Debt Recovery Act 2018 are provided below for reference.

LOCAL GOVERNMENT ACT 1993 - SECT 695A Referral of unpaid amounts for debt recovery action

LOCAL GOVERNMENT ACT 1993 - SECT 695A

Referral of unpaid amounts for debt recovery action

695A Referral of unpaid amounts for debt recovery action:

(1) Despite anything to the contrary in this Act, a council cannot exercise the following functions in respect of an unpaid rate, charge, fee or other amount (an
"unpaid amount"), if the unpaid amount is referred to the Chief Commissioner of State Revenue for debt recovery action in accordance with the State Debt Recovery Act 2018:

(a) take proceedings to recover the unpaid amount,

(b) accept an amount or a transfer of land in or towards payment of the unpaid amount,

(c) enter into any agreement with a ratepayer regarding payment of the unpaid amount,

(d) write off, waive payment of or reduce the unpaid amount or any accrued interest,

(e) serve on an occupier of land a notice under section 569 in respect of the unpaid amount.

(2) Subsection (1) applies on and from the referral date (within the meaning of the State Debt Recovery Act 2018).

(3) Subsection (1) does not affect the validity of anything done by the council before the referral date.

(4) Subsection (1) ceases to apply if the council revokes the referral of the unpaid amount to the Chief Commissioner of State Revenue under the State Debt Recovery Act 2018.

(5) This section is subject to the provisions of any debt recovery agreement (within the meaning of the State Debt Recovery Act 2018) between the council and the Chief Commissioner of State Revenue.

Note: Under the State Debt Recovery Act 2018 the Chief Commissioner of State Revenue assumes responsibility for the recovery of the debt and can take debt recovery action as authorised under that Act. Applications for time to pay, and hardship applications, can be made under that Act.

State Debt Recovery Act 2018 No 11

Current version for 28 August 2018 to date (accessed 4 January 2019 at 11:48)

Part 3 Division 2 Section 19:

19 Revocation of referral

(1) A referring officer may at any time, by notice in writing to the Chief Commissioner, revoke the referral of a referable debt.

(2) The Chief Commissioner is not to make a debt recovery order in relation to a referable debt if, before an order is made, the referring officer revokes the referral.

Note. The Chief Commissioner must revoke a debt recovery order made in relation to a referable debt if the referral is revoked.

Attachments

Nil

Council 30 January 2019

Item 13.6

13.6. 2017 - 2018 Audited Financial Statements

Council’s 2017-2018 Financial Statements and Audit Report is presented for the information of Councillors.

Director Business and Governance

Officers Recommendation

The 2017-18 Audited Financial Statements be endorsed and published on Council’s website and hard copies be placed in Council’s libraries.

Executive Summary

Council’s 2017-2018 Financial Statements and Audit Report is presented for the information of Councillors. These reports are usually presented with the Council’s Annual Report by convention. This year an extension to the lodgement date was granted by the Office of Local Government, meaning that the audited financial statements were not available at the same time as the 2017-2018 Annual Report. These Financial Statements will be added to the published 2017-2018 Annual Report and made available to the public.

This process is in line with advice provided by the Office of Local Government as part of the granting of extensions to the lodgement date for the Council’s 2017-2018 Audited Financial Statements.

Background

Council endorsed the 2017-2018 Annual Report at the meeting of 21 November 2018. This endorsed annual report was lodged with the Office of Local Government by the due date, 30 November 2018 and subsequently place on Council’s website.

This Council report noted “Due to exceptional circumstances, including the impacts of the bushfires in the Shire, Council has been granted an extension in time to have the annual financial statements audited. Consequently, the initially published 2017-18 Annual Report will not include the Audited Financial Statements, Notes and Information, and financial information included in the body of the Annual Report will be labelled as unaudited and subject to change. The published document will be updated as soon as the audited financial statements, notes and associated information are available. This approach is in line with advice from the Office of Local Government.”

The required lodgement date of the audited financial statements was eventually extended until 31 December 2018. This deadline was met with all returns being submitted to the Office of Local Government on this date.

Community Engagement

The Audited Financial Statements are one of the key points of accountability between Council and our community. Through the promotion of these statements, Council is able to demonstrate financial transparency.

Attachments

1 ⇩. Independent Auditors Report (SS2 Permissible income) 2018

2 ⇩. Independant Auditors Report (GPFS) 2018

3 ⇩. Local Council Special Purpose Financial Statements IAR 2018

4 ⇩. Report on the Conduct of the Audit 2018

5 ⇩. 2017-2018 BVSC Final Combined Audited Statements - Signed

Council	30 January 2019
*Item 13.6 - Attachment 5*	2017-2018 BVSC Final Combined Audited Statements - Signed

Council 30 January 2019

Item 14.1

14.1. Certificate of Investment

This report details Council’s Investments at the end of November 2018.

Director Business and Governance

Officers Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 30 November 2018.

2. That Council note the certification of the Responsible Accounting Officer.

Executive Summary

I, Graham Stubbs, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the Act), and clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Also, all investments have been appropriately recorded in Council’s financial records and reconciled on a monthly basis.

Background

Under the legislation and regulations mentioned below, the responsible accounting officer must present to council monthly basis, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal Policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the monthly Investments Reports are attached to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $75,303,543 at 30 November 2018. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	September 2018	October 2018	November 2018
General Fund	$23,211	$23,029	$24,442
Water Fund	$18,258	$18,058	$17,395
Sewer Fund	$32,965	$32,511	$33,466
TOTAL	$74,434	$73,598	$75,303

· Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

As at 30 November 2018, BVSC’s available cash balance was $6,757,057 and the investment balance was $75,303,543. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 27,724,621

· TCorpIM Strategic Cash Fund - $ 47,578,922

With respect to the Fund’s monthly distributions, the custodian calculates the Fund’s earnings at month end and then pays a distribution based on these earnings. Distributions are paid to investors by way of the issue of additional units.

Legal /Policy

Section 625 of the Act determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The most recent Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the Act.

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates Environmental, Social and Governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

Attachments

1 ⇩. 2019.01.30 Investment Report TCorp Cash Fund November 2018

2 ⇩. 2019.01.30 Investment Report TCorp Strategic Fund November 2018

Council 30 January 2019

Item 14.2

14.2. Certificate of Investment

This report details Council’s Investments at the end of December 2018.

Director Business and Governance

Officers Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 31 December 2018.

2. That Council note the certification of the Responsible Accounting Officer.

Executive Summary

Also, all investments have been appropriately recorded in Council’s financial records and reconciled on a monthly basis.

Background

Financial and resource considerations

The attached report indicates a current investment portfolio of $75,983,957 at 31 December 2018. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	October 2018	November 2018	December 2018
General Fund	$23,029	$24,442	$25,427
Water Fund	$18,058	$17,395	$17,614
Sewer Fund	$32,511	$33,466	$32,942
TOTAL	$73,598	$75,303	$75,983

· Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

As at 31 December 2018, BVSC’s available cash balance was $3,289,697 and the investment balance was $75,983,957. The investments are broken up as follows:

· TCorpIM Cash Fund - $ 28,317,365

· TCorpIM Strategic Cash Fund - $47,666,592

Legal /Policy

The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every 4 years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the Business Paper to Council on 31 January 2018).

Attachments

1 ⇩. 2019.01.30 Investment Report TCorp Cash Fund December 2018

2 ⇩. 2019.01.30 Investment Report TCorp Strategic Fund December 2018

Council 30 January 2019

Item 16.1

16.1. Canberra Joint Regional Organisation - Board Meeting

To provide Council with information about the recent Canberra Region Joint Organisation (CRJO) briefing and Board Meeting, held in Merimbula on 6 and 7 December 2018.

Cr McBain, Mayor

Background

The Canberra Region Joint Organisation (CRJO) briefing and Board Meeting was held in Merimbula on 6 and 7 December 2018.

We have long advocated for the Board of the Joint Organisation (JO) to ensure it travels to all its member Shires so that all Board members can become advocates for the projects we are seeking to be funded This visit process will, we believe, wbenefit our whole region. It was pleasing we had the Board members of the JO present to tour the Eden Wharf extension and see the potential in the Port itself.

We have advocated for better use of the southern side of the Wharf for Defence capabilities or for freight use and with the possibility of Snowy Hydro 2.0 coming to fruition, it was a timely opportunity to tour this area.

All members of the JO agreed that making more time for regional visits should become a priority, now that we have advocated strongly to Federal and State representatives leading up to the State and Federal elections.

A timetable is being put together for regional meetings.

Our JO Board Meeting was held at the Bega Valley Regional Learning Centre (BVRLC) on 7 December 2018. Holding Board meetings in the various areas of the region also allows interested Councillors and community members the opportunity to attend. There were two community members who attended the meeting in Merimbula.

Items of most importance include one raised by Cr Fitzpatrick, following a newspaper report about ACT Hospitals, looking to reduce their hospital waiting periods for elective surgery:

8. Access to ACT Hospitals by NSW Residents

RESOLUTION 48 /2018

That the Canberra Regional Joint Organisation (CRJO) write to both the ACT and NSW Governments to ensure that an appropriate ‘Health Agreement’ is negotiated between the parties to ensure that there is an equitable access to hospital services in the ACT by both the residents of the ACT and residents of the South East (SE) of NSW.

This is of importance to South East NSW as the closest tertiary hospitals to our regions are in the ACT and many residents of NSW utilise the services of surgeons in the ACT for treatment.

The strategic priorities have been set as follows:

7. CRJO Strategic Directions

RESOLUTION 47/2018

1. That the following list of Draft Regional Priorities be adopted;

A. Advocacy Plan for State and Federal Government Linkages

B. Canberra Region Economic Development Strategy (CREDS)

C. Develop Plan for Legislation Reviews and State Government Policies

D. Commercial opportunities investigation

E. Support the development of a regional Agri-food Export Precinct

F. Develop further Infrastructure Prospectus – Recreation and Cultural

G. Identified telecommunications blackspots, prioritise and facilitate funding

H. Cadet Training Program

I. Regional Project Management Model

J. Crown Land / Native Title Support

K. Biodiversity Support

L. Contaminated Land Management Support

M. Circular Economy – Regional Opportunities

N. ‘Blue Sky’ thinking approach for the future shaping of the region over 30 years

It was agreed the Chair shall provide a regular quarterly report on the advocacy work being done on behalf of the JO.

The minutes are attached for reference.

The next CRJO meeting will be held in February 2019 with a location yet to be determined.

Attachments

1 ⇩. 2019.01.30 DRAFT CRJO Board Meeting #3 - Draft Board Minutes 7 December 2018

Council	30 January 2019
*Item 12.2 - Attachment 1*	Council report 19 September 2018 - Bermagui/Wallaga Lake Men's Shed Proposal

Council	30 January 2019
*Item 12.11 - Attachment 1*	2018.08.30 Letter to Minister Constance regulation of load limits on certain roads in the Bega Valley Shire

Council	30 January 2019
*Item 12.11 - Attachment 2*	2018.10.08 Letter to Minister Constance road load limits cc to Minister Pavey and Mr Kanofski

Council	30 January 2019
*Item 12.11 - Attachment 3*	2018.11.14 Letter from Kevin Anderson MP parliamentary secretary for regional roads maritime & transport re road limits on roads in the Bega Valley Shire

Council	30 January 2019
*Item 12.11 - Attachment 4*	Map in reference to road load limits around Candelo and Wolumla

Council	30 January 2019
*Item 13.6 - Attachment 1*	Independent Auditors Report (SS2 Permissible income) 2018

Council	30 January 2019
*Item 13.6 - Attachment 2*	Independant Auditors Report (GPFS) 2018

Council	30 January 2019
*Item 13.6 - Attachment 3*	Local Council Special Purpose Financial Statements IAR 2018

Council	30 January 2019
*Item 13.6 - Attachment 4*	Report on the Conduct of the Audit 2018

Council	30 January 2019
*Item 14.1 - Attachment 1*	2019.01.30 Investment Report TCorp Cash Fund November 2018

Council	30 January 2019
*Item 14.1 - Attachment 2*	2019.01.30 Investment Report TCorp Strategic Fund November 2018

Council	30 January 2019
*Item 14.2 - Attachment 1*	2019.01.30 Investment Report TCorp Cash Fund December 2018

Council	30 January 2019
*Item 14.2 - Attachment 2*	2019.01.30 Investment Report TCorp Strategic Fund December 2018

Council	30 January 2019
*Item 16.1 - Attachment 1*	2019.01.30 DRAFT CRJO Board Meeting #3 - Draft Board Minutes 7 December 2018

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

30 January 2019

Staff Reports – Infrastructure Waste And Water

30 January 2019

12.1. RFT 45/18 Merimbula Airport Terminal Extension

Officers Recommendation

Attachments

Council

30 January 2019

Staff Reports – Governance And Strategy

30 January 2019

Staff Reports – Finance

30 January 2019