Agenda of Council - 20 February 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 20 February 2019

Item 11.1

11.1. VIC Licence Agreement Renewals

The three Visitor Information Centre (VIC) Licence Agreements at Bermagui, Eden and Merimbula expired on 30 June 2017 and have since been on a holding over basis. Council approval is being sought to offer new occupation Licences to the three organisations as outlined in this report.

Director Assets and Operations

Officers Recommendation

1. That Council approve a further one year Licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within the Bermagui Community Centre, for the Crown Lands minimum Annual Licence fee commencing from 1 July 2019.

2. That Council approve a further one year Licence to Eden Tourism for their continued occupation of space within the Eden Gateway Centre, for the minimum Annual Licence fee as per Council’s Fees and Charges commencing from 1 July 2019.

3. That Council as Crown Land Manager of the Merimbula Beach (R97406) Reserve, approve a further one year Licence to Merimbula Tourism Incorporated for their continued occupation of the Merimbula Visitor Information Centre building, for the Crown Lands minimum Annual Licence fee commencing from 1 July 2019.

4. That authority be delegated for the Mayor and General Manager to execute the above Licence Agreements.

Executive Summary

The three Visitor Information Centre (VIC) Licence Agreements at Bermagui, Eden and Merimbula expired on 30 June 2017 and have since been on a holding over basis. Council are proposing further investigations into a new tourism related Special Rate Variation (SRV) and therefore consider it appropriate to maintain the status quo with each of the three VIC licensees until 30 June 2020.

Background

Council resolved at its Ordinary Meeting of 22 November 2017, to approve a further one year Licence to Bermagui Chamber of Commerce, Merimbula Tourism Incorporated and Eden Tourism for their continued occupation of the current sites at the existing minimum rental until the tourism industry liaison review report was considered by Council. Outcomes from this review were reported to Council’s Ordinary Meeting of 31 January 2018. In mid 2018 a new Tourism Marketing Services Contract was finalised with an external provider.

The current funding environment for VICs is still constrained. Further investigations by Council over 2019-20 regarding a new tourism related SRV or other mechanism are being progressed. Once a determination has been made on this mechanism, Council will be in the position to review the Licence arrangements with the VICs. Until these investigations are finalised it is considered appropriate to maintain the status quo for each of the three organisations and offer short term tenure at minimum rental.

Options

The options available to Council are:

1. Maintain Licence fees at current levels (with annual increase by CPI);

2. Adopt the Licence fees as outlined in the attached report of 22 November 2017 as follows:

Licensee	Previous Licence Fee (per annum)	Licence Fee in Year 1 (per annum)	Licence Fee in Year 2 (per annum)	Licence Fee in Year 3 (per annum)
Bermagui Chamber of Commerce and Tourism	$518.00	$2,016.00	$4,032.00	$6,048.00
Eden Tourism	$518.00	$2,160.00	$4,320.00	$6,480.00
Merimbula Tourism	$518.00	$4,200.00	$8,400.00	$12,600.00

Community Engagement

Consultation undertaken

Council officers have met previously with representatives from the Merimbula, Bermagui and Eden VICs. In addition, through the Tourism Liaison Industry Group and broader engagement of the VICs, the facilities, locations and costs have been discussed with the three organisations.

Financial and resource considerations

It is proposed that all three short term Licence Agreements be at minimum rental until investigations regarding a new tourism related SRV have been finalised by Council officers.

Council officer time has been required to consult with the three organisations. Further liaison with licensees will also be required to arrange execution of the new Licence Agreements and ongoing management of the Licence Agreements will also require Council officer resources as required.

Legal /Policy

From 1 July 2018, Councils manage appointed Crown reserves under the public land provisions of the Local Government Act 1993 (NSW) (LG Act), including the granting of licences. Interim arrangements under clause 70 of the Crown Land Management Regulation 2018 (NSW) allows Council to grant short term licences on Crown land until either a plan of management is adopted or the Crown land is classified as operational land with Minister’s consent.

As the proposed short term Licence Agreements may affect Native Title interests in the reserves, Council officers will be required to carry out risk assessments for each proposal with regards to Native Title. When exercising powers provided by the transitional arrangements, Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that any licences comply with Native Title legislation. The appropriate clauses will be included in the proposed short term Licence Agreements to address Native Title and Aboriginal Land Claim interests. Officers are of the opinion the issue of 12 month Licences would have minimal effect on the Native Title and Aboriginal Land Claim interests as the tenure arrangements at each of the sites have been in place for many years.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing the buildings to be occupied by the current tenants as long as the use is authorised by way of a formal Licence Agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

Council acknowledges the benefits of having these services available to local communities and until further investigations into a new tourism related SRV have been explored, the proposed rental increases as previously resolved should be delayed.

Attachments

1 ⇩. Council report dated 22 November 2017 - Licence Agreement Renewals

Council 20 February 2019

Item 11.2

11.2. Land Divestment Options

This report provides Council with details of Council owned Operational Land that may be available for possible divestment.

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report and Confidential Attachment.

2. That Council appoint a registered Valuer by competitive quotation process to provide Bega Valley Shire Council with a formal market valuation for each of the land parcels listed in recommendation 3 of this report.

3. That Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Bega Valley Shire Council’s interests in divesting of the following land assets by public auction, private treaty or expression of interest:

Title Description	Location	Area
Lot 9 – 12 Sec 1 DP 1085	Park Street, Bega	2668m²
Lot 9 – 12 Sec 2 DP 1085	Park Street, Bega	2585m²
Lot 145 DP 623646	Clark Lane, Bega	1935m²
Lot 5 DP 843822 & Lot 16 DP 112193	Mecklenberg Street, Bega	1157.9m²
Lot 13 DP 1107310 & Lot 18 255593	Crn Mecklenberg Street & Minyana Parade, Bega	2733.6m²
Lot 314 DP 1078628	28 Howard Avenue, Bega	900m²
Lot 66 DP 1171407	Ravenswood Street, Bega	3035m²
Lot 14 DP 249924	Moore Wren Road, Tarraganda	1.69ha
Lot 281 DP 1158995	Murrah Street, Bermagui	992.7m²
Lot 8 Sec 13 DP 758095	Barragoot Street, Bermagui	1214m²
Lot 2 DP 161251	Chandos Street, Eden	569.1m²
Lot 1 DP 44354 & Lots 1 & 2 DP 623695	West Street, Eden	3.72ha
Lot 121 DP 847899	Arthur Kaine Drive, Merimbula	1.03ha

4. That Council delegate authority to the General Manager to enter into a suitable agency agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of the above mentioned land parcels.

5. That all offers be brought back to Councillors for final Resolution.

Executive Summary

Given the funding parameters in which Council operates, an additional source of potential revenue is via the sale of land assets surplus to the organisation’s operational and community needs. Officers have reviewed Council’s surplus Operational Land portfolio, in line with a previous Resolution of Council and have determined a number of suitable land parcels for potential divestment.

A Resolution of Council is being sought to appoint a registered Valuer and suitably qualified Real Estate Agent by a competitive quotation process to represent Council’s interests in divesting of the above-mentioned land parcels which have been determined to be surplus to Council’s requirements.

Background

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset review- setting the framework for 2018/19 and into the refocus of the Long Term Financial Plan). Following the Resolution of Council, officers have undertaken a review of Council’s vacant Operational Land portfolio and have determined the land parcels identified in the Recommendations section of this report are suitable for divestment at this time.

To ensure Council maintains transparency and receives best value for these surplus land parcels, it is recommended the appointment of a suitably qualified Real Estate Agent be through an open quotation process in accordance with Council’s Purchasing Procedure 6.08.1. In accordance with section 55(3)(d) of the Local Government Act 1993 (NSW) (LG Act) Council is exempt from conducting a formal tender process for the sale of vacant land.

As detailed in the Confidential Attachment, the above-mentioned land parcels identified for divestment have been determined to be surplus to Council’s requirements and are capable of being sold on the open market. It is proposed the sales strategy for each land parcel be by a competitive process involving public auction, private treaty or expression of interest as recommended by Council’s appointed Real Estate Agent. Council can however approve a non-competitive process of disposal such as direct negotiations, subject to clearly documented reasons. This may be useful in circumstances where land is not able to be sold in isolation on the open market (such as undersized lots, boundary adjustments etc.) and the only potential purchasers are adjoining owners.

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, at least one formal market valuation undertaken by a valuer registered to value such property is required to be commissioned, prior to all property disposals. Two valuations may be required when the value of the property is likely to exceed $1M and/or the process of disposal is not competitive. Any offers received will be reported back to Council to authorise its Official Seal to be affixed to contract documents under the signature of the Mayor and General Manager.

Options

The options available to Council are:

1. Proceed with the divestment of the surplus land parcels identified in the recommendation by Council officers and resolve accordingly.

2. Retain ownership of all surplus land parcels for potential future requirements.

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

Community Engagement

Consultation Planned

In consultation with Council officers, the successful Real Estate Agent will be required to develop a customised marketing and communication strategy to maximise the economic value of each land parcel and ensure marketing reaches all potential buyers.

Council consideration of input

Council officers have undertaken the attached review on undeveloped land, with the exception being three constructed car parks (one in Bega, one in Cobargo and one in Merimbula). Officers have included vacant land that has been acquired for the purposes of constructing car parking. There are a number of other Operational Land parcels which are currently being used for car parks around the Shire that could be considered for divestment, which would require further investigation by staff.

Financial and resource considerations

Divestment of the above mentioned surplus land parcels would require officers time and resources as well as the possible engagement of third parties and legal costs. Following completion of the proposed competitive quotation process, Council would be required to enter into a suitable agency agreement with the successful Real Estate Agent that details costs associated with the service of the Real Estate Agent. All costs involved in the proposed divestment of surplus land parcels will be offset against the proceeds of any sale.

As identified, some of the land parcels to be considered are assets associated with restricted funds (e.g. water, sewer, developer contributions) and any future consideration on expenditure of sale proceeds should factor this in.

Legal /Policy

Under the LG Act, there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. In accordance with Section 377(1)(h) of the LG Act, any decision to dispose of land must be made by Resolution of Council as the power to sell, exchange or surrender land cannot be delegated. Section 45 of the LG Act prevents Council from selling, exchanging or otherwise disposing of community land. Section 55 of the LG Act requires tenders to be called in certain circumstances. However, it is not necessary to call tenders for the sale of land.

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, all decisions and actions in relation to the disposal of land must have due regard to the following fundamental principles:

· Best value for money – achieving “best value” may include financial, social and environmental benefits;

· Transparency – processes must be open to scrutiny and provide full information and record the reasons behind the decisions;

· Accountability – demonstrate the best use of public resources and the highest level of performance through appropriate record keeping and audit trails;

· Impartiality – address perceived or actual conflicts of interests.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The review of Council’s vacant land portfolio contributes to improving and streamlining Council’s asset management approach.

Environmental / Sustainability

As part of the review, each land parcel has been assessed for divestment suitability based on potential environmental, economic and community planning constraints. Consequently, a number of land parcels have not been determined suitable for divestment, due to significant natural environment and heritage constraints and Council’s future requirement needs.

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to use the proceeds from the sale of ‘Operational’ Land to leverage investment or strategic outcomes.

Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Attachments

1 ⇨. Vacant Land Review 2019 (Councillor Only)

Council 20 February 2019

Item 12.1

12.1. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 6 February 2019

Director Assets and Operations

Officers Recommendation

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

0602.RSP.001 – Berrambool Sporting completion car park – Installation of sign

Recommendation

1. That Council approves the relocation of the two existing accessible car spaces to the north eastern corner of the Berrambool Sporting Complex car park.

0602.AP.009 - Installation of accessible parking Bemboka Bicentennial Playground, Hoskins Street.

Recommendation

1. That Council approves the installation of an accessible car space and shared zone in Hoskins Street, Bemboka as indicated on the draft Concept Plan.

0602.SE.008 - Mother’s Day fun run – Sunday, 12 May 2019

Recommendation

1. That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 12 May 2019 be deemed a Class 2 Special Event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2. That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 12 May 2019 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

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

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

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

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

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

8. That event organiser liaises with public transport operators

0602.SE.002 - ANZAC Day March and Service 2019 – Candelo

Recommendation

1. That the proposed traffic arrangements for the Candelo RSL Sub Branch ANZAC Day March and Service on Thursday, 25 April 2019 be approved and deemed a Class 2 Special Event.

2. That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Thursday, 25 April 2019 for the Candelo RSL Sub Branch ANZAC Day March and Service, in accordance with Traffic Control Plan.

0602.SE.004 - ANZAC Day March & Service 2019 – Merimbula and Pambula

Recommendation

1. That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day Dawn Service, March and Service in Merimbula on Thursday, 25 April 2019 be approved and deemed a Class 2 Special Event.

2 That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day March and Service in Pambula on Thursday, 25 April 2019 be approved and deemed a Class 1 Special Event.

3. That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula be temporarily closed on Thursday, 25 April 2019 for the Merimbula RSL Sub-Branch ANZAC Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

4. The Road Occupancy Licence requires the determination by the NSW Roads and Maritime Services.

0602.SE.005 - ANZAC Day March and Service 2019 – Cobargo

Recommendation

Pending receipt of the appropriate documentation

1. That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Thursday, 25 April 2019 be approved and deemed a Class 1 Special Event.

2. That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Thursday, 25 April 2019 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

3. The Road Occupancy Licence requires the determination by the NSW Roads and Maritime Services.

0602.SE.003 - ANZAC Day March and Service 2019 – Eden

Application Pending. To date we have not received the paperwork for the Eden ANZAC day march. The following recommendations will only be approved if the information remains the same as previous years.

The submission will be for the 2019 ANZAC Day Service in Eden. The participants will assemble from 10.30am, with the March to proceed between 10.45am and 11.00am along Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden.

Recommendation

Pending receipt of the appropriate documentation:

1. That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Thursday, 25 April 2019 be approved and deemed a Class 2 Special Event.

2. That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Thursday, 25 April 2019 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Control Plans.

0602.SE.006 - ANZAC Day March and Service 2019 – Bega, Tathra and Bemboka

Recommendation

Pending receipt of the appropriate documentation:

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

2. That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day Dawn Service, March and Service in Bega, ANZAC Day March and Service in Tathra be approved and deemed a Class 2 Special Event.

3. That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra be temporarily closed on Thursday, 25 April 2019 for the Bega RSL Sub Branch ANZAC Day proceedings, as per the Traffic Control Plans.

4. The Road Occupancy Licence for the Snowy Mountains Highway requires the determination by the NSW Roads and Maritime Services.

0602.SE.010 – ANZAC Day March and Service 2019 – Bermagui

Recommendation

1. That the proposed traffic arrangements for the Bermagui RSL Sub Branch ANZAC Day March on Thursday, 25 April 2019 be approved and deemed a Class 1 Special Event.

2. That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Thursday, 25 April 2019 for the Bermagui RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

Executive Summary

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

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

Attachments

Nil

Council 20 February 2019

Item 12.3

12.3. S355 General Community Hall Committee request for the provision of financial statements

At the last S355 General Community Hall Committee meeting held 27 November 2018, the Committee moved a Motion for Council to expedite the provision of quarterly and end of year financial statements.

Director Assets and Operations

Officers Recommendation

That Council provide quarterly and end of year financial statements to each of the eighteen (18) Community Hall Committees as soon as the end of financial year processes have been completed by the Business and Governance Directorate.

Executive Summary

Council manages eighteen community halls across the Shire. These halls are important spaces where people of all ages come together, make connections and build stronger communities.

The S355 General Community Hall Committee management structure is based on two levels of committee; a Community Committee for each individual hall and a General Halls Committee (a S355 Committee). Section 355 of the Local Government Act 1993 (NSW) provides that a function of Council may be exercised by a Committee of Council. Council have appointed the Community Hall Committees as a way of incorporating the community in the conduct of Council’s affairs.

At the last S355 General Community Hall Committee meeting held on 27 November 2018, the Committee moved a Motion to request Council to expedite the provision of quarterly and end of year financial statements for each of the eighteen community halls.

Council’s Property and Facilities Team cannot provide quarterly and end of year financial statements to each of the eighteen Community Hall Committees until the end of financial year 2018 processes have been completed by Council.

Background

Council provides support to the volunteer Community Hall Committees that actively participate in the care, maintenance and management of the eighteen community halls in the Bega Valley Shire. Council’s Finance Team within the Business and Governance Directorate are required to provide quarterly and end of year financial statements that clearly identifies balances brought forward, income and expenses for each of the community halls.

No financial statements have been provided to the Community Hall Committees since the end of financial year 2018. Attached is an example of the income and expenditure statements that are provided.

It was expressed at the last S355 General Community Hall Committee meeting held on 27 November 2018, that the delay of this important information required to assist the Committees to effectively manage the community halls has created frustration. As a result, a Motion was moved by the Committee to request Council to expedite the provision of quarterly and end of year financial statements.

Council’s Property and Facilities Team are not currently in a position to provide quarterly and end of year financial statements to each of the eighteen Community Hall Committees until the end of financial year processes have been completed.

Community Engagement

Consultation undertaken

At the S355 General Community Hall Committee meeting held 27 on November 2018 twelve community representatives attended the meeting, a Councillor and eight Council officers. The community representatives raised the issue of the frustration they felt in the delay in obtaining the financial statements from Council, as they need this information to perform their function in managing the halls and moved a Motion in an attempt to expedite the process.

Consultation Planned

At the next S355 General Community Hall Committee meeting being held on 26 February 2019 the formal decision from Council will be communicated to the Committee.

Financial and resource considerations

The finances of each Community Hall are held in two places.

The Council held account is for fees and charges for the hire of the hall which are deposited into the Council account via the Post Office or at Council’s front counter. The Committee completes a deposit form which must then be forwarded to Council for processing. The Council account also pays all the operational costs associated with the hall such as electricity and gas. These are quarantined individually for each hall within the Council system.

The S355 General Community Hall Committee have requested Council to provide the financial statements for the Council held account.

The Friends Of account, is an account separate from Council, this account initially received a ‘donation’ from the Council account to enable committees to access funds for incidental petty cash expenses. This account can also be used to hold funds raised by the hall committees to be spent on small projects for their hall.

Committees are also given the opportunity to nominate maintenance projects for their halls on an annual basis each November. This is done through the project proposal process and approved by a Council Resolution.

Legal /Policy

Council’s General Halls Committee is constituted under Section 355 of the Local Government Act 1993 (NSW) (LG Act) and is chaired by a Councillor. Section 377 of the LG Act provides certain functions that may be delegated to a Committee and outlines which activities Council cannot delegate, such as the provision of financial statements.

In Council’s Community Hall Committee Guidelines and Operations Manual under item 2.1 Council’s hall management system it states the following:

“Community hall committees and volunteers play a central role in the sustainability of local halls across the Shire. This manual outlines the roles and responsibilities of the hall committees to assist them to understand in their function in supporting the maintenance, use and development of the community halls.

Adherence to these guidelines helps ensure that all Committee members;

- have the information and tools required to operate within the limits of the responsibilities delegated to them by resolution of Council, and

- have the information and tools to operate within the legislative and government frameworks we must operate in.”

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

The management of Council facilities through community volunteer committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Goal 1 – We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 – Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Council welcomes the participation of the community in the care, maintenance and management of community halls as members of hall committees and/or by active involvement as volunteers. The willingness of local people to donate their time and energy is a determining factor in Council’s capacity to deliver the range and quality of facilities that are enjoyed by the broader community. The engagement of local people in community halls also enable Council to better understand and respond to local needs and aspirations.

Council should support them in this important role so as not to discourage members being a part of the Community Hall Committees.

Council does not currently have the staff resources or capacity to manage the functions that the Hall Committees are currently undertaking.

There are no Community Hall Committees at Pambula Town Hall or at Tathra Public Hall therefore Council officers currently manage the functions of these facilities including the administration of all the hall hire and ongoing maintenance. If this management was required at all community halls, Council would not have the resources available.

Social / Cultural

Council manages eighteen community halls across the Shire each unique in their own way and reflective of the community in which it is located. These halls are important spaces where people of all ages come together, engage in cultural and recreational activities, create connections and build stronger communities. The efforts of the Community Hall Committee volunteers are acknowledged and appreciated by Council.

Attachments

1 ⇨. Example of a financial statement - Brogo Hall 2017/18 (Councillor Only)

2 ⇨. S355 General Community Hall Committee meeting minutes held 27 November 2018 (Councillor Only)

Council 20 February 2019

Item 12.4

12.4. RFT 77/18 Tathra Everyone Can Play Inclusive Playspace

This report details the evaluation outcome of the Request for Tender (RFT) 77/18 to undertake and deliver specified landscape construction works and equipment installation for the Tathra Everyone Can Play Playspace – Taylors Square Tathra.

Director Assets and Operations

Officers Recommendation

1. That due to pricing submitted through the tender process being outside of the project budget, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005.

2. That the project designers and the Department of Planning undertake a review of the project scope and provide recommendations to amend the scope of the project to deliver on the objectives, while reducing costs to meet the project budget.

3. That authority is delegated to the General Manager to enter into negotiation with tenderers on an amended scope for the project, with a view to reviewing the project scope and construction pricing to bring the cost to within the project budget and entering into a contract in relation to the subject matter of the tender as per Clause 178 (3) (e) of the Local Government (General) Regulation 2005.

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

Executive Summary

This report provides the project background and further considerations including a financial summary, resource allocations and strategic alignment with respect to the tender process carried out for construction of the Tathra Everyone Can Play Playspace – Taylors Square Tathra.

Background

The Council Report 12.9 Tathra Everyone Can Play Inclusive Playspace - Project Update, considered by Council at its Ordinary Meeting of 12 December 2018 provides background and overview to this project. That report had as an attachment, the concept plan for the project for Council endorsement. Council resolved:

1. That the information in the report be received and noted.

2. That Council delegate authority to the Mayor and General Manager to endorse and approve elements of the project as required as a method to help progress of the project timeline; and that Councillors be informed of major items by Memo.

The Resolution has been progressed with the only amendment to the concept plan being an exchange of the ‘fish-trap’ rope climbing piece for a larger ‘arch climber’ item that will be better for climbing, hanging, swinging movements and activities. The General Manager and Mayor were notified of the change.

Documentation for open public tender was developed and the project was advertised for tender in local papers and on the Bega Valley Shire Council (BVSC) tendering portal, Tenderlink from 8 January 2019 to 30 January 2019.

Community Engagement

Consultation undertaken

An intensive program of community engagement and information gathering was undertaken in early September 2018. It included stakeholder, school and onsite workshops and information gathering.

An exhibition period of the proposed concept was undertaken from 30 November 2018 to 10 December 2018. A summary of feedback from the exhibition period was provided to Councillors prior to the Council meeting.

Consultation Planned

Communication regarding the timing of the project will be forwarded to project stakeholders once contract arrangements have been finalised. The community will be notified through the BVSC Communications team.

Financial and resource considerations

Table 1 below provides details of the budget and key cost items of the construction of the project (note the concept design and project documentation work has been funded by the Department of Planning).

Project Cost		Amount
Design	$	By others
Play equipment supply and delivery	$	117,000
BVSC items (Supply and transport to site – furniture, recycled timber, rock, existing equipment removal)	$	17,000
Avg $ Tender response – Construction scope as tendered	$	570,419
Contingency allowance	$	30,000
Total Project Cost	$	734,419

Funding source(s)
Project Grant – Everyone Can Plan Department of Planning	$	600,000

Table 1 – Project Cost and Funding

The funding shortfall is noted. In terms of the common project elements of scope, quality, time and cost, the project package tendered included detailed scope, high quality, and custom items to be delivered within a short time frame. This is reflected in the costing. Options to manage this and progress with the project are discussed further below.

1. The scope of works was itemised as separate line items in the tender pricing schedules to enable review by item and unit rate. The tender documents did give a consistent specification and scope to select a preferred tenderer.

Legal /Policy

The tender process conducted for RFT 77/18 complies with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 goals are:

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

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

2018/19 Operational Plan

The project to deliver the funded “Everyone Can Play” playground at Tathra is included in the adopted 2018/19 Operational Plan.

Asset Management

Council has an adopted Recreation Asset Management Plan 2017. This Plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. The existing Lot Stafford Playground is included in the adopted Recreation Asset Management Plan. It is classified as a regional playground.

The 2018/19 Operational Plan states. ‘In preparing the budget an asset management model approach was applied to examine and to appropriately account for the renewal and maintenance costs of Council’s Infrastructure, Property, Plant and Equipment.’

The project is directly related to renewal and upgrade of the existing asset. The Everyone Can Play grant funding has provided the opportunity to renew and redevelop the playground into an inclusive play space. It brings forward the scheduled play equipment by 2 years, at no capital cost to Council.

Economic

The development of an inclusive playground in Tathra will benefit local businesses. The project links directly to the ‘accessible and inclusive tourism markets’ and supports NSW’s target to double overnight visitor expenditure by 2020.

Risk

Within the project there are two key risk areas, being time and cost. The time risk has largely been managed through placing equipment orders early, based on the concept plan and through identifying the construction program as an assessment item within the tender documents.

As can be noted with the funding table above there is a second risk in terms of budget. It has emerged as one which now needs closer consideration to progress with the project. Options are discussed below.

Economic

Provision of quality infrastructure directly aligns with the Marine Infrastructure component of BVSC’s Infrastructure Prospectus; the Prospectus supports NSW’s target to double overnight visitor expenditure by 2020.

Options

Options:

1. Council request additional funding from the Department of Planning, noting this request is unlikely to be successful.

2. Council fund the current shortfall, noting this will have an effect of deferring other planned works.

3. There are options to review the project scope and in doing so the cost. The items that can be considered for review include: reducing the size of super advanced (300lt) tree stock; reducing high density landscape planting; using standard park furniture; reducing park furniture; and reducing shade sail area. This review would be undertaken by the designers and the Department of Planning. Making balanced amendments to the scope will not significantly alter the concept plan and will deliver on the objectives of the project to deliver the Tathra Everyone Can Plan Play Inclusive Playspace.

4. Not accept any tenders. Revise the project scope and negotiate with the preferred tenderer to bring the construction cost to within the project budget.

Attachments

1 ⇨. RFT 77 18 Tender and Evaluation summary Report (Councillor Only)

Council 20 February 2019

Item 13.1

13.1. Proposed divestment of land to Quaama Men's Shed Incorporated

Formal advice has been received from the Office of Local Government (OLG) regarding the proposed divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated (QMSI).

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report.

2. That Council continue with the current Licence arrangement which does not expire until 30 June 2019.

3. That following expiry of the current Licence Agreement, Council approve a further five (5) year Licence to Quaama Men’s Shed Incorporated for their continued occupation of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama for minimum annual rental.

4. That the General Manager be authorised to execute the Licence Agreement documentation.

5. That Quaama Men’s Shed Incorporated be advised of Council’s decision.

Executive Summary

Following the Resolution of Council dated 31 October 2018 in relation to the proposed divestment of land to Quaama Men’s Shed Incorporated (QMSI), Council officers investigated the legalities of Council’s intention, and have sought advice from the Office of Local Government (OLG) Audit Risk and Improvement Committee and legal representatives. The advice received has been that Council’s intention is not recommended and cannot be support by the OLG.

A further Resolution of Council is now sought to continue with the current licensing arrangements and offer QMSI with a further term following expiry of the current Licence Agreement.

Background

Council resolved at its Ordinary Meeting of 31 October 2018, when considering the proposed divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to QMSI as follows:

“1. That Council receive and note the report.

2. That Council outline their intent to divest of the asset to Quaama Men’s Shed Incorporated for the amount of $50,000 (plus GST), payable by annual contributions of $500 (plus GST), with the proceeds from the sale placed in the property reserve for future use.

3. That Council staff investigate the legalities of this intention and implement if applicable or report back to Council.

4. That the General Manager be authorised to execute the necessary documentation.

5. That Quaama Men’s Shed Incorporated be advised of Council’s decision.”

Council officers have investigated the legalities of Council’s intention and have been formally advised by the OLG they would not be supportive of Council entering into a loan with a community group to repay costs associated with a transfer of land. The OLG advised that while there are not strict rules regarding the disposal of Operational Land, it is expected that any arrangement would be open and transparent and not offer an advantage to a given purchaser over others who may be interested. It was also noted that any transfer of Operational Land should also assist with Council’s financial sustainability, not impact upon it.

The OLG also advised the Local Government Act 1993 (NSW) (the Act) gives Councils broad powers to deliver services and financial assistance to their communities which provides for low interest loans (or no interest) to a resident and/or group, however would likely contravene the Ministerial Investment Order under the Act, which limits how Council may invest to ensure fiduciary responsibilities are being met. Finance and consumer credit law restrictions could also apply.

The Order further requires that investment be consistent with an adopted Council Investment Policy, and that it should also be consistent with Investment Guidelines issued by the OLG. The OLG have advised that Council’s Resolution of 31 October 2018 could not be considered to meet the key objective outlined in the Investment Guidelines issued by the OLG to preserve capital and gain the most advantageous rate of return. It was outlined by OLG that it would also probably pose a default risk, again contrary to the approach recommended in the Investment Guidelines.

Options

The options available to Council are:

1. Retain ownership of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama and continue with the current Licence arrangement with QMSI which is not due to expire until 30 June 2019, offering QMSI a further term upon expiry of the current Licence Agreement; or

2. Divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to QMSI for nominal value, removing any need for the asset to be returned to Council should QMSI dissolve and fold; or

3. Divestment of the asset to QMSI for the Valuer General’s land valuation amount of $61,600 (plus GST) or at current market value as determined by an independent valuer, with the proceeds payable immediately; or

4. Divestment of the asset to QMSI for the Valuer General’s land valuation amount of $61,600 (plus GST), payable by five equal annual payments of $12,320 (plus GST), with the proceeds from the sale placed in the property reserve for future use.

Community Engagement

Consultation undertaken

Council officers have advised QMSI that a further Resolution of Council will be sought in relation to the proposal. Council officers have investigated the legalities of Council’s intention and have sought advice from the OLG, the Audit Risk and Improvement Committee and legal representatives in regards to the proposal.

Feedback from the OLG and the Audit Risk and Improvement Committee are attached for the information of Councillors.

Consultation Planned

Following the Council meeting, officers will liaise with QMSI to action the Resolution of Council.

Financial and resource considerations

The asset at Lot 10 Section 10 DP 758860 does have a value to the community and in accordance with Council’s Long Term Financial Plan and Acquisition and Disposal of Land Procedure, the proceeds from the sale of ‘Operational’ Land should be used to leverage investment or strategic outcomes. Council’s Acquisition and Disposal of Land Procedure may however be varied to meet the needs of a particular matter by Resolution of Council. Should Council resolve to divest of the asset below market value, the Resolution of Council should clearly state the reasons for such divestment. The obligation to obtain a market valuation exists in accordance with Council’s Acquisition and Disposal of Land Procedure, in order to provide a measure of the non-financial elements of the sale.

Should Council resolve to continue with the current licensing arrangements annual Licence fees will be subject to an annual rent review by the Consumer Price Index (CPI) rate at the time of review.

Council officer time has been required to liaise with QMSI and investigate the proposed divestment. Further officer time will be required to implement the Resolution of Council.

Furthermore, if the land is retained by Council, officers will be required to manage the terms of the current Licence Agreement and any future Licence Agreements.

Legal /Policy

Council officers sought legal advice on the proposal and were advised that what is being proposed is a vendor finance type arrangement and the transfer of land would therefore be subject to the parties entering into a loan agreement for the $50,000 (plus GST) and the loan being secured by a mortgage over the land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

There are no adverse risks in allowing the building to continue to be occupied by QMSI provided the use is authorised by way of a formal Licence Agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇩. Council report dated 8 August 2018 - Proposed divestment of land to Quaama Men's Shed Incorporated

2 ⇩. Council report dated 31 October 2018 - Proposed divestment of land to Quaama Men's Shed Incorporated

3 ⇨. Feedback from the Office of Local Government in relation to divestment to Quaama Men's Shed (Councillor Only)

4 ⇨. Feedback from the Audit Risk and Improvement Committee in relation to divestment to Quaama Men's Shed (Councillor Only)

Council 20 February 2019

Item 13.3

13.3. Council membership of peak bodies and associations

Report on the benefits and costs of Council’s membership of a range of peak bodies and associations.

General Manager

Officers Recommendation

That Council note the report and continue membership of peak bodies as outlined in the report.

Executive Summary

Membership of peak bodies and associations enables Bega Valley Shire Council (BVSC) to liaise with relevant stakeholders, take advantage training and development opportunities for staff and Councillors, gain access to specialised data, have the benefit of combined lobbying powers, and work with other Councils to develop sector wide strategies and goals.

The ongoing costs have been factored into Council’s 2018/2019 budget.

Background

The local government sector has a number of peak bodies and associations which provide local government specific information, support and professional development for Council staff and Councillors.

This membership is separate to any individual staff membership of peak bodies or associations which are not included in Council’s budget and are the responsibly of the staff member wishing to join.

BVSC has paid annual membership to a number of associations/peak bodies in the past, and has received newsletters, other correspondence, updates and participated in conferences, meetings, training etc. It is timely to consider membership in a Council term and also when changes are made in terms of a Council’s operating environment. In 2018 Joint Organisations of Councils were legislated.

This report looks at the costs and benefits associated with membership by BVSC for the following organisations:

Canberra Regions Joint Organisation

BVSC has been an active membership in regional organisation of councils (ROC) and a Joint Organisation over a number of years. One of the key actions in the Fit to the Future plan implemented by the NSW Government in 2015 was that BVSC be an active and effective member of the proposed South East Joint Organisation. Following feedback and consultation with the sector two proposed joint organisations in the south east were joined to form the Canberra Region Joint Organisation.

Council received a report relating to an invitation to join the Canberra Region Joint Organisation (CRJO) in August 2016 and joined in principle. Following State Government legislation for the formal creation of Joint Organisations under the Local Government Amendment (Regional Joint Organisations) Bill 2017 Bega Valley Council resolved on 29 November 2017 to formally join the CRJO: 13.5 Joint Organisation membership - Minute

The CRJO, along with eleven other Joint Organisations, was proclaimed on 11 May 2018.

The clear objective of Joint Organisations is to transform the way the NSW Government and local councils collaborate, plan, set priorities and deliver important projects on a regional scale.

The new regional bodies are a key mechanism through which the Government delivers funding and programs to regional NSW.

Each joint organisation comprises member councils, State agencies and other key stakeholders as determined by each joint organisation board. The CRJO also has representation from the Premier's Department and Associate membership of: the ACT Government; Snowy Valleys Council; Wagga Wagga City Council; and East Gippsland Shire (in Victoria).

Snowy Valley Regional Council was formally proclaimed as a member of the CRJO in January 2019.

Local Government New South Wales Association (LGNSW – previously NSW Shires Association)

LGNSW is the peak local government organisation that represents the interests of NSW based general and special purpose councils. LGNSW aims to strengthen and protect an effective, democratic system of local government across NSW by supporting and advocating on behalf of member councils and delivering a range of relevant, quality services.

LGNSW achieves this by:

• Actively and persuasively representing the views of local government to the NSW and Australian governments

• Providing effective, responsive and accountable leadership to member councils

• Providing a comprehensive range of high-quality services and policy advice to members

• Increasing the capacity of local government to deliver quality services and meet the needs of local communities across NSW

• Enhancing the profile and building community trust in and awareness of local government.

LGNSW delivers a range of services to councils along with strong daily representation on a wide range of issues affecting the sector. Member services include:

• industrial relations and workplace support (representing councils in industrial disputes and award matters, making and varying industrial awards, advising on legal policy matters and legislation) and HR support;

• advocacy and representation (campaigns, lobbying, relationship-building with government at political and departmental levels);

• policy advice;

• organisational development and capacity building (mentor programs, professional development networks);

• access to grants and grant support;

• professional development and training for Councillors and staff - best value and specifically designed for local government (including eLearning programs), Capability Framework and PD in a Box;

• professional networking and learning opportunities (through conferences, workshops and professional forums);

• executive recruitment and performance reviews;

• management consulting and structure reviews; and

• procurement services and bulk supply arrangements designed especially for councils, saving you time and money (through Local Government Procurement).

LGNSW Benefits taken up by Bega Valley Shire Council

BVSC staff and elected officials have taken advantage of a range of member benefits and services including:

• Hosting LGNSW’s first South East Summit for members on 14 June 2018.

• BVSC’s Executive Manager People and Governance attending the Employment Law Seminar in May 2018.

• In-house training organised by LGNSW at BVSC for two days in May 2018 on Code of Conduct and Chairing and Meeting Procedures for Councillors, and Finance for Non Finance Managers for staff.

• Attendance by a BVSC staff member at the drone operations workshop in Merimbula in November 2018.

• Attendance at conferences and seminars including the LGNSW Annual Conference, Tourism Conference, Local Government Week events and the South East Summit.

• A communication officer from BVSC is one of 202 members of the LGNSW Communication Network. This is an invaluable resource exchanging information with peers about latest practice, common issues and challenges, media tip offs, and in dealing with issues of that other communication teams and their councils face.

• LGNSW subscription services used by BVSC:

o 20 staff/councillors – the LGNSW Weekly newsletter,

o 7 staff/councillors – media releases,

o 3 staff – Land and Environment Court reporter,

o 6 staff – Sustainability Snippets newsletter,

o 1 staff – Pick Up (LGNSW’s waste e-newsletter), and

o 1 staff – natural resource management email network.

• A BVSC staff member participated in a Disability Inclusion Action Plan (DIAP) Implementation Workshop in September 2018.

• Six 2018 LGNSW Annual Conference Resolutions were sponsored by BVSC, which inform LGNSW policy and for which LGNSW advocates on behalf of the sector.

• A $15,000 Flying Fox Grant was awarded to BVSC to assist in developing a Flying-fox camp management plan for Glebe Lagoon.

• In March 2018, LGNSW was invited by the EPA to participate in the Tathra and District Fire recovery sub-committee to advise on local government matters related to the Tathra Bushfire recovery. LGNSW was able to assist Council and the committee in clarifying that individual property owners are responsible for clean-up of asbestos waste following fire, not council. LGNSW also provided advice on the correct use of asbestos signage at properties affected by fire and asbestos.

• BVSC has joined the Renew Our Libraries campaign, which has already secured funding additional funding commitments of $60 million for the sector, from both the NSW Government ($60 million) and Opposition ($60.5 million).

During financial year 2017/18 BVSC has also had a considerable level of interaction with Local Government Procurement (LGP). In this period BVSC spent $5.3 million across 25 different LGP contracts which has helped avoid $375,000 in estimated tendering costs (valued at $15,000 per tender). There were 9 members of staff from BVSC attending 8 different training courses

Australian Local Government Association (ALGA)

The Australian Local Government Association (ALGA) is the national voice of local government, representing 537 councils across the country. In structure, ALGA is a federation of state and territory local government associations. ALGA's members include:

• LGNSW

• Local Government Association of Northern Territory

• Local Government Association of Queensland

• Local Government Association of South Australia

• Local Government Association of Tasmania

• Municipal Association of Victoria

• Western Australian Local Government Association

ALGA was founded in 1947 and, in 1976, established a secretariat in Canberra reflecting growing links with the Australian Government and an awareness of local governments’ emerging national role. ALGA's leadership team comprises the President and two Vice Presidents. The secretariat is managed by the Chief Executive.

ALGA's key activities include representation of local government on national bodies and ministerial councils, providing submissions to government and parliamentary inquiries, raising the profile and concerns of local government at the national level and providing forums for local government to guide the development of national local government policies.

ALGA's strategic priorities are to:

• strengthen local government financial sustainability

• strengthen regions and cities

• ensure infrastructure meets the needs of local communities

• strengthen innovation and digital transformation in local government

ALGA's policies are determined by the ALGA Board, consisting of two representatives from each of the member associations.

As one of Australia's three spheres of government, local government is represented by ALGA's President on the Council of Australian Governments (COAG). This peak government body brings together the Prime Minister, State Premiers, Territory Chief Ministers and the ALGA President to develop responses to issues of concern to all three spheres of government.

Major events

Major events convened by ALGA each year include:

The National General Assembly usually held in Canberra during June. The first National General Assembly of Local Government was held in 1994, replacing ALGA's annual conference. The expanded format turned the conference into a true gathering, or parliament of local government, creating a united voice on the core issues affecting local communities.

The National General Assembly brings together several hundred delegates from councils across Australia to move and debate resolutions of concern to local government. Speakers include prominent local government leaders, national political leaders and leading Australian experts and academics from fields of interest and relevance to local government.

The National Local Roads Congress is held annually in November in regional Australia. Delegates from local government gather to discuss transport and road issues of concern to local government (roads owned and maintained by local government account for about 76% of the entire Australian road network). Delegates hear from political leaders, transport officials, leading technical and policy experts and share best practice experience.

ALGA services

ALGA provides a range of services to its member associations and, through them, local councils throughout Australia. These include:

• information on national issues, policies and trends affecting local government via the Internet, newsletters, special reports and conferences

• representation on national bodies including the COAG, Ministerial Councils, intergovernmental committees and specialist bodies, including United Cities and Local Governments

• liaison and negotiation with a wide range of Commonwealth ministers and departments, shadow ministers and political parties, as well as other national organisations related to local government

• policy development to provide a local government perspective on national affairs

• special projects aimed at enhancing local governments’ capacity and status in key areas of national concern

• lobbying the Australian Government and Parliament on specific issues and running campaigns to secure agreed policy objectives.

Country Mayors Association

The Country Mayors Association of NSW is made up of Mayors from 66 LGAs across NSW. There is a diverse range from inland and coastal regions everywhere from Bellingen to Broken Hill and Albury in the South of the State. Country Mayors meets on a quarterly basis and provides members the opportunity to hear from a range of speakers on topics that affect our sector along with opportunities to advocate for local government as a whole. Coming together also provides Mayors and GMs the opportunity to network with other Mayors and General Managers.

Over the past twelve months attendees at the meetings have included:

• Gladys Berejiklian MP

• John Barilaro MP

• Ken Gillespie, Regional Infrastructure Coordinator

• Linda Scott, LGNSW President

• Steve Orr, Premier and Cabinet

• David Smith, CEO, and Donna Heffernan, Deputy CEO, Local Government Super

• Tim Hansen, Stakeholder Specialist, National Heavy Vehicle Regulator

• David Harris, CEO Water NSW

The group also hosted a very popular Waste to Energy Forum and in March are hosting a Question and Answer Session with some of the candidates from the major political parties.

Australian Local Government Women’s Association (ALGWA) New South Wales Branch

History

The Australian Local Government Women's Association was created in Canberra on October 15, 1951, at a meeting held in the hotel suite of Councillor Mrs Violet Lambert of Fern Tree Gully Shire Council, Victoria, by 16 local government women drawn from all States of Australia then attending the Jubilee Women's Convention in the Jubilee Year of the Commonwealth of Australia (19 January 1951). It was probably the only far reaching outcome of this great conference. A provisional Committee was elected with representation from most States of Australia. A permanent national organisation took shape at the First National Conference in Canberra, 19 October, 1966, attended by 53 people. Alderman Marjorie GE Propsting of Lane Cove, NSW was chosen as National President, a position she held until 1970.

The National Board

State Branches are federated through a common National Constitution with the National Board. The National Board represents the association at the National level. The National Board supports the State Branches and holds its Biennial AGM in conjunction with the State Conferences. The next Biennial Annual General meeting of the Board will be in Adelaide in 2019.

The Association currently has six states as members and a Network in the Northern Territory, the Northern Territory is in the process of becoming a Branch in its own right.

The National Conference is bi-annual event.

Benefits of Membership

ALGWA measures its success by the number of women encouraged to join Local Government. In 1951, when ALGWA was first organised, only 54 women had been elected. By December 1974 a total of 877 women had been elected in Australia, of whom 460 were then sitting members. While South Australia had the first woman in local government with Mrs Susan Grace Benny, JP, elected in 1919, NSW has been the most successful state. In 1974, 169 women were elected, the highest number elected up to that time in any one State, and the first woman Lord Mayor in Australia (Alderman Lilian M Fowler, MBE, MLA, JP, Newtown Municipal Council) was elected. At the 1995 elections, 406 women were elected in NSW (22.5%). There were 27 women Mayors (15%) and 37 Deputy Mayors but there were still 12 Councils with no women at all.

Other benefits include eligibility to apply to host ALGWA Conferences, discounts for councillors and staff at conferences and any forums or training sessions. ALGWA Executive members can conduct local presentations to staff, councillors and community members to inspire and inform women about opportunities in Local Government as employees, advice on standing successfully for LG elections and other relevant information.

Australian Coastal Council

The Australian Coastal Council is the only body that specifically represents the interests of Australia’s coastal councils at a national level. In addition to advocating on behalf of coastal councils, the organisation undertakes the following activities in support of member councils:

· Facilitates the exchange of information between coastal councils on issues of mutual concern;

· Monitors developments in coastal planning and management of interest to member councils;

· Commissions research projects of relevance to coastal councils;

· Makes strong representations to Federal and State government inquiries into coastal matters;

· Conducts an annual conference to assist coastal councils keep pace with coastal policy and technical developments and to share the findings of coastal research projects.

The focus of the Association is on achieving a sustainable future for Australia’s coastal communities. As you are aware, coastal councils are under continuing pressure in terms of responding effectively to a range of major challenges. These include the current shortfall in resources for infrastructure and services; coastal erosion and the projected impacts of climate change; and substantial changes that are occurring in holiday accommodation services in coastal areas. These challenges mean the Association’s continuing role in advocating on behalf of coastal councils is vital.

Activities of the Association:

Some of the activities recently undertaken by the Association include:

· Temporary populations. Obtaining a more equitable share of resources for coastal councils is one of our top priorities. The substantial difference between peak and off-peak populations in coastal communities has been a long-standing issue for coastal planners and decision-makers. A landmark study we commissioned through the University of Adelaide found that many visitors and non-resident property owners are missing from coastal communities on the night of the five-yearly Census because it is conducted mid-week in winter. This results in the permanent populations of coastal areas being underestimated, which has a major bearing on the allocation of funds through programs such as Financial Assistance Grants. The Association is currently engaged in further detailed study of this issue which is being undertaken in association with the Australian Bureau of Statistics and the University of Queensland. This study is aimed at assisting in the estimate of temporary populations for local service provision, fiscal equalization and emergency preparedness.

· Online holiday rental platforms Addressing current coastal issues is another priority. One such issue, which has emerged over the past couple of years, is the rapid growth in listings on online short-term holiday platforms, such as Airbnb and Stayz. In response to concerns about the impact of this growth on coastal communities the Association conducted a survey of member councils on the issue. The survey identified that coastal councils need different tools and strategies to address different sets of concerns around the amenity, tourism, infrastructure, cost burdens, and potential housing market impacts which are affecting local areas in different ways. As a result, the Association conducted a collaborative research project to identify how councils can respond effectively to the impact of online short-term holiday rental platforms. The study was undertaken by Professor Nicole Gurran, Professor of Urban and Regional Planning at the University of Sydney and focused on responses available to councils through their planning framework, rating regime, licensing and complaints mechanisms. The findings of the research project were released in late September 2018.

· A national approach to coastal adaptation. Another challenge for coastal councils is the need to prepare to respond to rising sea levels and other climate impacts. We are advocating strongly for the Federal Government to support initiatives by councils to develop and implement climate adaptation plans in order to improve the sustainability and resilience of coastal settlements. In our view this requires a national approach, national funding and national leadership on coastal management. Over the past year we have strongly promoted this approach in our engagement with key figures from all major political parties and we are pleased to report it is gaining acceptance, as indicated in some of the key presentations at the 2018 Australian Coastal Councils Conference, at Geelong.

Benefits of membership

Membership of the Association provides coastal councils with the opportunity to make meaningful input into the development of national coastal policy initiatives. For example undertaking a survey of coastal councils to identify current issues facing them.

Membership also provides coastal councils with the opportunity to participate on a collaborative basis with other coastal Local Government areas in research projects relating to common issues of concern. The research projects indicated previously, such as the studies undertaken by The University of Sydney and The University of Adelaide, are good examples of this approach.

When a coastal council takes up membership of the Association the benefits of membership flow to all elected representatives and to council officers including discounted rates to attend the annual Australian Coastal Councils Conference. Membership also provides an opportunity for all member councils to contribute to the development of coastal policy initiatives, which the Association then advocates on the members’ behalf.

Organisational structure

The Association has a Committee of Management comprising two elected members from each State and holds monthly meetings (except January). Committee members are elected for two-year terms. The Committee elects the Chair, Deputy Chair and Treasurer. NSW committee members are Cr James Thomson from Eurobodalla and Cr Sharon Cadwaller from Ballina Shire who is the Deputy Chair. Cr Ricard Ellis from East Gippsland is also a committee member.

Meetings

Members have the opportunity of attending meetings held in conjunction with the annual Australian Coastal Councils Conference, which is held in the period between March and May each year. Members are also invited to attend the Association’s Annual General Meeting which is held in the period between 1 July and 30 November each year. The current membership base comprises 46 coastal councils from around Australia, ranging from large metropolitan and regional councils such as Moreton Bay Regional Council and Sunshine Coast Council in QLD, the City of Onkaparinga in SA, the City of Rockingham in WA, the City of Greater Geelong in Victoria, and Lake Macquarie City Council in NSW, to small councils such as the Kangaroo Island Council in SA and Glamorgan-Spring Bay in TAS. Membership includes councils in iconic coastal locations including Busselton, Byron Bay, Cottesloe, Kiama. Margaret River, the Mornington Peninsula, Noosa, Port Douglas and Victor Harbor.

Membership fees

The organisation has an innovative operating model to ensure membership fees are kept at modest levels for member councils. Membership fees are set according to permanent population figures for member councils and move in line with the Consumer Price Index only and are issued for the financial year.

South East Transport Strategy (SEATS)

SEATS is a non-political and non-parochial body which provides a united and co-operative front with diverse inputs to the many issues of transport infrastructure affecting our region. That gives its members confidence in espousing issues of local and regional interest to Government, and means issues are not looked at in isolation, but are viewed from a wider perspective encompassing New South Wales, Victoria and the ACT.

SEATS membership gives a collective voice to all levels of Government to show the South East region of Australia is working as one to improve transport infrastructure. SEATS is about advocacy for economic development through improved transport infrastructure in the South East Region.

SEATS members have developed the South East Australian Transport Strategy. The Strategy is a comprehensive review of the measures necessary to improve transport and access to Gippsland, Western Port, the Snowy Mountains, Yass Valley, Goulburn and Crookwell areas, the Illawarra region, the south coast of New South Wales and the Australian Capital Territory region.

SEATS have developed an Election Strategy which went out to all the Victorian politicians last year and has gone to all relevant sitting Federal MP's and will go to all relevant State and Federal MP's and all candidates this year.

In all there are some one and a half million people living and working in the region covered by SEATS. The operations of SEATS are guided by a Business and Marketing Plan to generate broad awareness of the issues relating to the development of transport infrastructure, to promote the benefits of such development and communicate the work of SEATS members by improving access to decision makers and by providing information.

The Princes Highway is SEATS major priority as well as including the escarpment crossings to enable access to the Hume Highway corridor including the Snowy Mountains Highway. BVSC had input into the strategy via its Director of Assets and Operations. Eurobodalla Shire Council has recently received funding for the Link Road and SEATS was involved in assisting in the lobbying for that funding.

Bega Valley Shire recently hosted a SEATS meeting. Local projects supported by SEATs now and in the past include:

· Pambula River Flood Plain Bridge

· Bega Township bypass

· Princes Highway – Victoria Creek

· Princes Highway – Dignams Creek

· Cross Border Issues (includes timber roads, heavy vehicle and regulation issues)

§ Heavy Vehicle across border issues including HML and harmonisation of

regulations

§ Cross Border Timber Roads (Study) in conjunction with timber industry organisations including:

Options

Council should regularly review its peak body memberships and it is timely to do so now that Joint Organisations are formally operating.

The membership costs for the peak organisations Council is currently a member of is not insignificant being in the order of $87,500.

Membership of the CRJO is mandatory. All other peak organisations are discretionary.

Risk

Ceasing membership of key peak bodies may impact on Bega Valley Shire Council’s ability to effectively lobby State and Federal Government; gain industry-based knowledge; engage in group projects; have input into regional priorities; make use of educational and training opportunities; make use of local government expertise provide via member services and promote the role of local government.

For a period BVSC was not a member of SEATS and during this period local priorities were not highlighted in key documents and lobbying that was undertaken by this group. This has now been rectified.

Council’s options include:

1. Maintain membership of all discretionary organisations at current levels to ensure Bega Valley priorities are included in regional strategies and lobbying.

2. Amend Council’s membership profile as determined by Council.

Financial and resource considerations

The table below summarises the benefits and costs of membership. Membership fees have been allocated in the 2018/2019 Budget.

Organisation	Membership Benefits	Cost 2018/2019
Canberra Regions Joint Organisation – MANDATORY – membership is required by legislation. A number of projects however are operated at an opt in level.	Advocacy Collaboration Efficiency Alignment of priorities Capacity to share resources/ costs on projects	$30,665 Additional costs for opt in projects from time to time
Local Government New South Wales Association (LGNSW – previously NSW Shires Association) Austroads	General Membership – based on Council size Austroads Industrial Relations Legal Advice Management Solutions Learning Solutions Mentoring Councillor Support Local Government Procurement Sustainable Choice Grants Service Awards – provision of certificates/bars Member Discounts – discounted accommodation Amore Hotel Sydney	$47,925.78 $294.72 Fee for service Fee for service Fee for service Fee for service Fee for service Fee for service Fee for service Fee for service $79-$330 each
Australian Local Government Association (ALGA) Aust Roads	Advocacy to maintain and grow the financial contribution to Local Government. · Financial Assistance Grants (FAG) o $7.6 (18/19 BVSC) · Roads to Recovery – o $1.36 M (18/19 BVSC) Annual National Congress – results in combined lobbying of the Federal Government on resulting resolutions. Annual Roads Congress -	No cost – membership of state peak body eg LGNSW qualifies member councils.
Country Mayors Association	Advocacy Networking and Information Sharing	$750.00
Australian Local Government Women’s Association (ALGWA) NSW Branch	Discounted attendance at the Annual Conference	$275.00
Australian Coastal Council	Advocacy and lobbying Contribute to the development of coastal policy initiative Access to Scientific research and studies Discounted attendance at conferences	$2,898.29
South East Australian Transport Strategy (SEATS)	Advocacy and lobbying Development of regional strategies Staff and Councillor attendance at regular meetings.	$4990.00

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Attachments

Nil

Council	20 February 2019
*Item 11.1 - Attachment 1*	Council report dated 22 November 2017 - Licence Agreement Renewals

Council	20 February 2019
*Item 11.3 - Attachment 1*	Prospectus Update Table of Projects

Council	20 February 2019
*Item 13.1 - Attachment 1*	Council report dated 8 August 2018 - Proposed divestment of land to Quaama Men's Shed Incorporated

Council	20 February 2019
*Item 13.1 - Attachment 2*	Council report dated 31 October 2018 - Proposed divestment of land to Quaama Men's Shed Incorporated

Council	20 February 2019
*Item 13.2 - Attachment 1*	LG Amendment (Governance and Planning) Bill 2016 edited

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

20 February 2019

Staff Reports – Economic Develoment and Business Growth

20 February 2019

11.3. Infrastructure Prospectus Update and Election Priorities

Officers Recommendation

Attachments

Council

20 February 2019

Staff Reports – Infrastructure Waste And Water

20 February 2019

Council

20 February 2019

Staff Reports – Governance And Strategy

20 February 2019

Staff Reports – Finance

20 February 2019

17.1. Cr Sharon Tapscott - with Crs Dodds and Seckold Rescission and alteration motion Australasia Hotel

Rescission Motion

Alternate Motion

Background

Attachments

Confidential Business

Adjournment Into Closed Session

Recommendation