Ordinary

 

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 12 June 2019 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Mitchell Nadin, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Sharon Tapscott

Cr Liz Seckold

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Coordinator Communications and Events

Minute Secretary

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for  presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments  if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.

 


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.


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 29 May 2019 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

 

9.1               Bega Valley Shire Council Clean Energy Plan....................................................... 9

10     Staff Reports – Community, Culture and Leisure

 

10.1             Draft Bega Valley Shire Library Service Strategic Plan...................................... 56

11   Staff Reports –Economic Development and Business Growth

 

Nil Reports

12     Staff Reports – Infrastructure Waste and Water

 

12.1             RFT28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Tender................................................................................................................. 60

13   Staff Reports – Governance and Strategy

 

13.1             Code of Meeting Practice and Code of Conduct............................................... 68

13.2             Appointment Acting General Manager to covering periods of leave and senior officer in charge................................................................................... 130

13.3             Council Meeting Agenda -- Order of Business................................................. 132

14     Staff Reports – Finance

 

14.1             Quarterly Budget Review Statement - 31 March 2019.................................. 136

14.2             Determination of the Local Government Remuneration Tribunal - 19-07 2019/20 - Mayoral and Councillor Fees....................................................... 151

15     Adoption of Reports from Standing Committees

There were no reports to Standing Committees.

 

16     Councillor Reports

16.1             Canberra Region Joint Organisation Board Meeting - Key Outcomes.......... 174

 

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.............. 178

             

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  

 


 

Staff Reports –Planning And Environment

 

12 June 2019

  

9.1              Bega Valley Shire Council Clean Energy Plan............................................. 9


9.1.   Bega Valley Shire Council Clean Energy Plan     

 

This report proposes that Council endorse a Clean Energy Plan, to control energy costs and greenhouse gas emissions from Bega Valley Shire Council operations.

 

General Manager  

 

 

Officer’s Recommendation

That Council endorse the Bega Valley Shire Council Clean Energy Plan.

 

 

Executive Summary

Bega Valley Shire Council (BVSC) has been implementing energy efficiency and renewable energy actions across its operations for the last ten years. These actions have focused on the installation of solar photovoltaic (PV) panels on major facilities and the retrofitting of energy efficiency measures into BVSC facilities.

The Clean Energy Plan (the Plan) seeks to embed energy efficiency and renewable energy considerations as ‘business as usual’ across all BVSC’s operations. The Plan provides several short, medium, and long-term actions to 2030.

Background

The development of a Clean Energy Plan has been a key priority for BVSC. It is identified as a key activity in the 2018/19 Operational Plan (OP) and priority action in BVSC’s current Climate Change Strategy.

Since the adoption of the Climate Change Strategy in 2014 there has been a significant increase in the amount of energy efficiency and PV initiatives undertaken by BVSC across its operations, building on initiatives such as the Tathra Community Solar Farm. The effect of BVSC’s efforts on electricity has been to stabilise consumption, while continuing to increase and improve services to the community. In addition to electricity, BVSC is also implemented fleet management initiatives to reduce the operational costs and greenhouse gas (GHG) emissions from its plant, heavy vehicle fleet and passenger vehicle fleet.

Current and recent renewable energy and efficiency projects include the:

·    Installation of 30 kilowatt (kW) solar array at Bemboka Water Treatment Plant;

·    Proposed installation of 70kW solar panels on new BVSC Depot Workshop roof;

·    Proposed installation of 30kW solar panels at the Regional Learning Centre;

·    Proposed upgrade of Light Emitting Diode (LED) lighting at the Regional Learning Centre;

·    Feasibility study for the development of a 300kW solar farm at the Bega Sewage Treatment Plant;

·    Energy efficiency retrofits across buildings, aquatic centres, water and sewer management facilities, street lighting and community facilities.

BVSC owns around 245 sperately metered sites across 12 asset categories, and pays for street lighting services supplied by Essential Energy. A significant portion of BVSC’s electricity emissions are due to street lighting, accounting for 17% of total electricity consumption, followed by Merimbula Sewage Treatment Plant and Sapphire Aquatic Centre accounting for 7% and 6%, respectively. The largest 11 sites (including street lighting as a ‘site’) consume almost 60% of annual electricity use. 

The Plan focuses on stationary electricity and fuel consumption associated with BVSC operations. The assessment of BVSC’s overall GHG emissions including waste management and the identification of offsetting mechanisms to address BVSC’s emission footprint will be incorporated in BVSC’s forthcoming Climate Resilience Strategy.

The Plan builds on BVSC’s existing commitment to GHG reduction (which includes a 20% by 2020 renewable energy target) and provides a framework for further improvements in BVSC’s operational energy efficiency and contribution to a low carbon economy.

The key objectives of the Plan are to:

·    Address all of BVSC ’s stationary electricity and fuel uses;

·    Reduce vulnerability of BVSC’s Budget to future energy price uncertainties;

·    Increase energy resilience of BVSC’s facilities;

·    Achieve operational cost savings;

·    Leverage external funding and drive innovation in clean energy infrastructure;

·    Provide feasible pathway options to achieve 100% renewable energy.

The Plan will be implemented through a number of key actions across short, medium and long-term timeframes to 2030 as demonstrated in the following timeline:

2020

2021

2022

2023

2024

2025

2026

2027

2029

2030

Short term

Medium term

Long term

 

Options

1.    Endorse the Clean Energy Action Plan (this is the recommended option)

The proposed Plan provides a clear trajectory, informed by expert option, for BVSC’s energy efficiency and renewable energy program. The Plan incorporates the benefits that will flow, without BVSC action, to a reduction in GHG emissions (see Option 2), but also addresses cost savings able to be achieved through reduction in energy demand and lower cost energy supply options.

2.    Do nothing

While embedding energy efficiency and renewable energy considerations as ‘business as usual’ across operations is now accepted as standard practice across the private and public sectors, the option to do nothing remains open to BVSC.

Should current trends in the development of large-scale renewable energy projects continue, it is predicted that by 2030, the production of the majority of Australia’s electricity will come from renewable sources. Without any specific action from BVSC, GHG emissions associated with its consumption of electricity are expected to fall substantially.  This is a consequence of the ‘greening’ of the national electricity network. This means that the GHG intensity of each kilowatt-hour (kWh) of electricity consumed by BVSC will fall, leading to a reduction in GHG emissions associated with BVSC’s electricity consumption. While this is a positive outcome in terms of GHG emissions, it is not expected to materially reduce BVSC’s energy costs or meet community expectations of BVSC to be a leader in pursuing current cost savings, operational efficiencies and the deployment of leading practice technology into asset development and renewal.

3. Endorse an alternative Clean Energy Plan

Council may wish to document an alternative Plan that is either more or less aspirational than the Plan provided at Attachment 1. Council would need to identify the changes to the Plan that it would like to make.

Consultation

The development of this Plan included a significant internal consultation process with senior officers from across the organisation. This consultation involved input into the scope of this Plan and the priority areas on which the Plan should focus. A Councillor workshop was held in May 2019 and the key priority areas for BVSC with regard energy efficency and renewable energy were discussed.

Ongoing consultation with Council officers directly involed in the management of key assets and the design of new facilities is key to the successful implmentation of this Plan.

Financial and resource considerations

BVSC’s stationary energy spend (electricity) for the 2017/18 financial year was $1.68 million (2.0% of revenue) and a fuel expenditure was approximately $1 million (1.2% of revenue). Forecast population growth is less than 1% per year for the next 20 years. Based on this moderate population growth, BVSC anticipates a small (approximately 5%) increase in population driven demand on any of its major facilities to 2030. As such it is expected the actions presented in this Plan will cater for this projected growth in demand on our facilities and associated financial impact.  The implementation of this Plan will continue to reduce BVSC’s energy consumption and deliver electricty purchace cost savings over time.

The Plan will largely be driven by Council offices across BVSC and can be absorbed within current staffing allocations.  There is a current annual Budget allocation of $70,000 that has been established as a revolving fund to generate cost and GHG emissions savings. In addition to these funds, BVSC’s Capital Works Projects will incorporate energy efficiency and renewables as business-as-usual, where there is a sound business case.  BVSC will utilise these funding streams to leverage grant funding as opportunities arise.

 

Funding source#

 

Amount per annum

Environment Levy funding for energy efficiency and renewables projects

$

70,000

# Note, additional funding is available through Capital Works Projects that involve an energy component, for which there is a solid business case, and through grant funding

Legal/Policy

This Plan implements GHG mitigation commitments in BVSC’s current Climate Change Strategy and will be a key deliverable of the forthcoming Climate Resilience Strategy. The Climate Resilience Strategy will be BVSC’s key policy response document which outlines our response to the predicted impacts of a changing climate.

The Plan is in line with the Australian Government’s Renewable Energy Target and the NSW Government’s Renewable Energy Action Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of the Plan was a priority deliverable from the 2017 - 2021 Delivery Program and current financial years’ OP.

Revised Delivery Program 2017 – 2021 Actions

Operational Plan 2018– 2019 Activities

Protect and enhance the Shire’s natural environment

and biodiversity and manage Council’s response to climate change

Review the Climate Change Strategy and develop and implement a Clean Energy Business Plan

 

Environmental / Sustainability

The forthcoming Climate Resilience Strategy will be the key strategic document that articulates BVSC’s response to the predicted impacts of a changing climate. The Strategy will present a range of adaptation and mitigation responses, including the commitments to addressing BVSC’s stationary electricity and fuel use and the resultant carbon emissions described in this Plan.

The Plan will embed energy efficiency and renewables into BVSC’s business as usual procurement processes. This improvement to BVSC’s procurement and tendering process will further reduce the environmental impact of BVSC’s operations.

Economic

Endorsement of the Plan by Council will provide a clear signal to potential funding partners and external investors of BVSC’s contribution towards Australia’s national emission reduction program. Implementation of the Plan will require the use of locally based tradesman and specialist contractors as energy efficiency and small-scale solar PV projects continue to be rolled out in BVSC buildings, sports facilities, and water and sewer facilities. The potential development of partnerships with locally based community organisations, business clusters or major industrial operations may help stimulate growth in energy companies and allied contractors in the Bega Valley.

Risk

The Plan will address risks to BVSC’s Budget relating to uncertainties around long term energy costs and security of supply. The Plan proposes actions that mitigate this financial and operational risk, including the continuing investment in energy efficiency measures, on site “behind the meter” power generation, and the exploration of power purchase agreements that could buffer BVSC against fluctuations in the national energy market.

Attachments

1.         Bega Valley Shire Council Clean Energy Plan  

 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


Council

12 June 2019

Item 9.1 - Attachment 1

Bega Valley Shire Council Clean Energy Plan

 

 

Staff Reports – Community, Culture and Leisure

 

12 June 2019

  

10.1            Draft Bega Valley Shire Library Service Strategic Plan.............................. 56


10.1. Draft Bega Valley Shire Library Service Strategic Plan      

 

The Draft Bega Valley Shire Library Service Strategic Plan 2020-2025 is presented to Council for approval to place on public exhibition for a 28-day period.

 

Director Community Environment and Planning   

 

 

Officer’s Recommendation

1.      That Council place the Draft Bega Valley Shire Library Services Strategic Plan 2020–2025 on public exhibition for a period of 28 days to seek broader community feedback.

2.      That the final Library Services Strategic Plan 2020–2025, which considers community feedback, be provided to Council for consideration following the conclusion of the public exhibition period.

 

Executive Summary

Bega Valley Shire Library Service is delivered from four branch Library facilities located at Bermagui, Merimbula, Eden and Bega as well as through a range of outreach programs. In the 2017/18 reporting year, our libraries recorded a membership of 11,150. There were 197,321 visits to the libraries in this period and 8,936 people attended library programs.

Community needs and industry best practice in library service delivery are constantly changing.  In the Bega Valley Shire, libraries are responding to growing demands for technology services, new approaches to learning, an increased focus on inclusion and accessibility, and the community’s desire to actively participate in programs and activities.

Currently in draft form, the Bega Valley Shire Library Service Strategic Plan 2020-2025 aims to guide the direction of library services over the next five years. The draft Plan has been informed by feedback from library users, community partners and library officers.  It is also informed by an analysis of the changing demographics of the Bega Valley Shire, and by the performance of the Bega Valley Shire Library Service against other libraries in NSW.

The draft Plan sets out our overall vision and five key priority areas.

The Library Service Vision is: To enrich the community through creative, future focused library services, supporting lifelong learning and strong community connections.

The strategic priorities for the Library Service are:

·    Active Connections

·    Inspiring Spaces

·    Dynamic Collections

·    Lifelong Learning and Creativity

·    Sustainability.

The Library Service is in a strong position to deliver on its vision via these strategic priorities, through actions identified in the Plan, and through annual Business Plans.

It is recommended the draft Plan be placed on public exhibition for a 28-day period to enable feedback from the broader community, including residents who are not currently library members.

Community Engagement

Consultation undertaken

Feedback from stakeholders on potential improvements to our collections, spaces, programs, technology and future opportunities has been vital to the development of the draft Plan. Input came from:

·    user feedback obtained via an online library member survey (completed in August 2018), program evaluations and feedback from suggestion boxes in libraries. In total, 1,387 responses were received;

·    feedback from community partners gained through a short survey, an analysis of program evaluations and interviews with key partners;

·    an on-line survey to all permanent and casual employees;

·    library team planning day/workshops. These sessions provided officers the opportunity to respond to the outcomes of the employee and user surveys, and contribute to the vision, strategic priorities and actions;

·    input from of other service areas of Bega Valley Shire Council (BVSC) conducted via interviews and at team meetings.

Consultation Planned

A 28-day exhibition period will allow for input from community members who are not currently library members.  The document will be advertised on BVSC’s website and promoted through social media channels. Consultation with other BVSC services areas will continue during the exhibition period. 

Council consideration of input

Feedback received during the 28-day exhibition period will be considered and responded to, in the final Plan presented to Council.

Financial and resource considerations

Once adopted, the Plan will guide the direction of the BVSC Library Service. Annual budgets and Business Plans will be developed to support the actions outlined in the Plan. 

The anticipated cost of running the library service in 2018/19 is $1,446,000. Corresponding income sources are set out below:

Funding source 2018/19

Amount

General Fund

$1,068,120

Special rate variation

$199,000

Subsidy funding (State Government)

$70,000

Local Priority project (State Government)

$40,000

University of Wollongong Agreement

$40,000

Department Human Services Access Point (Bermagui)

$4,880

Fees and charges

$24,000

Legal /Policy

Under Section 22 of the Local Government Act 1993, councils may have functions conferred or imposed on them by other Acts, inclusive of the Library Act 1939

NSW public libraries are managed by councils that have adopted the Library Act 1939. In accordance with the Act, public libraries are eligible for a range of services administered by the State Library and the Library Council of New South Wales. These include support and consultancy, library subsidy funding and other financial assistance.

In accordance with the Library Act 1939, public libraries are required to provide services free of charge, inclusive of core educational and information services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 4: Liveable Places; Goal 4: We have meaningful employment and learning opportunities for people in all stages in life.

Revised Delivery Program 2017 – 2021 Actions: Expand the provision of services, information and education resources for the community and students in line with the Library Services Strategic Plan.

Environmental / Sustainability

The draft Plan sets out sustainability as one of five strategic priorities. The definition of sustainability covers our environmental responsibilities and the ongoing social and economic growth and evolution of the Library Service.

Risk

The draft Plan supports effective management of library services over the next five years. By understanding library trends and anticipating future demands on services, BVSC can effectively plan for future services, minimising financial and other risks for BVSC.

Social / Cultural

Library services make a valuable contribution to the social and cultural life of the community. They are inclusive community spaces which are well utilised across the Shire by people of all ages, backgrounds and abilities. Libraries foster education, life-long learning, and community participation, and play an increasingly important role in providing access to emerging technologies and bridging the digital divide.

Recent feedback outlining customer satisfaction with BVSC’s library services has been outstanding, confirming that libraries play a significant role in fostering a positive reputation of BVSC in the community.

 

Attachments

Nil

  

 


Council

12 June 2019

 

 

Staff Reports – Infrastructure Waste And Water

 

12 June 2019

  

12.1            RFT28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Tender........................................................................................................ 60


12.1. RFT28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Tender     

 

This report details the outcomes of evaluation of Request for Tender (RFT) 28/19 for the Pambula River, Pambula Lake and Yowaka Flood Study and recommends award to the preferred tenderer.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

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

2.      That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 28/19, in the amount of $<insert> (including GST), subject to variations, provisional sums and prime cost items as per recommendations in the confidential attachment.

3.      That Council approve the relevant matching contributions required to meet the terms of the Grant Funding Agreement from the Office of Environment and Heritage over the expected life of the project.

4.      That authority is delegated to the General Manager, or Director Asset and Operations in the absence of the General Manager, to execute all necessary documentation.

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

 

Executive Summary

It is recommended the preferred tenderer be accepted as they have been assessed as providing the best overall value to Council and capable of producing the required project outcomes to current statutory and technical requirements within the allowable project budget.

Background

Council made a successful grant application to the NSW State Government’s Floodplain Management Program in 2018/2019 to undertake the Pambula River Pambula Lake and Yowaka River Flood Study.  The grant offer was formally accepted by Council at its meeting of 30 January 2019.  The General Manager executed the relevant Funding Deed with Office of Environment and Heritage (OEH) on 4 February 2019, following Council’s Resolution.  The tender evaluation represents the corresponding procurement process to secure professional services to complete the Flood Study in accordance with the terms and conditions of the executed Funding Deed.

The flood study forms the typical first (data collection) and second stage (flood study) projects in the floodplain risk management process outlined below in Figure 2.1 of the current NSW Government 2005 Floodplain Development Manual for the Management of Flood Liable Land.

The current Floodplain Development Manual outlines the primary objective of the NSW Government’s Flood Prone Land Policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce private and public losses resulting from floods.  The Policy highlights that primary responsibility for floodplain risk management rests with Councils, which are provided with financial and technical support by the State Government.

A flood study is a comprehensive technical investigation of flood behaviour.  It defines the nature of flood risk by providing information on the extent, level and velocity of floodwaters and on the distribution of flood flows across various sections of the floodplain for the full range of flood events, up to and including the Probably Maximum Flood level.

The flood study also determines hydraulic and hazard categories within the floodplain for the potential range of floods and land use scenarios in order to consider cumulative effects.  Investigating the full range of flood events up to and including the Probable Maximum Flood level enables changes in the nature and consequences of flooding to be assessed as flood severity increases.  Determining appropriate types of areas for development, generally depend upon flood exposure of the land, as defined by hydraulic and hazard categorisation in consideration of isolation.

This information is weighed objectively in selecting flood planning levels.  A flood study also considers the potential impacts of climate change.

Tender Evaluation

Council invited tenders from suitably qualified contractors to undertake the Pambula River Pambula Lake and Yowaka River Flood Study at Pambula and surrounds. Tenders were advertised in local media and VendorPanel on 24 April 2019 and in the Sydney Morning Herald on 23 April 2019.  At the close on 15 May 2019 at 12:00pm, 9 submissions were received from the following tenderers:

·    BMT WBM Pty. Ltd.

·    Cardno (NSW/ACT) Pty. Ltd.

·    GRC Hydro

·    HydroSpatial

·    Rhelm Pty. Ltd.

·    BMT Eastern Australia Pty. Ltd.

·    JJ Ryan Consulting Pty. Ltd.

·    J. Wyndham Prince Pty. Ltd.

·    Catchment Simulation Solutions Pty. Ltd.

The tender submissions were assessed against the following evaluation criteria:

Tender Evaluation

Criteria

Weighting

Tender value

50%

Experience

20%

Study Methodology

25%

Local Community Benefit

5%

Total

100%

 Options

The 2 options before Council are to:

1.    Endorse the findings and recommendations of the final tender evaluation.

or

2.    Decline all tenders and take such action as Council resolves under clause 178 of the Local Government (General) Regulation 2005.

Option 2 is not the recommended option, as Council’s offer of external grant funding is pursuant to engaging an external consultant and completing the project by the stipulated timeframe, as per the Funding Agreement.  Option 2 would also potentially limit Council’s ability to meet statutory obligations and requirements as per the NSW Government Flood Prone Land Policy.

Community Engagement

Consultation undertaken

Consultation has been undertaken with Council officers, Council’s Floodplain Risk Management Focus Group and State Government agencies including the State Emergency Service (SES) and OEH regarding the need for the project during the grant application process.  SES and OEH are also currently members of Council’s Floodplain Risk Management Focus Group and Floodplain Risk Management Technical Sub-committee.

Consultation Planned

Consultation with local residents occurs throughout the project via the Floodplain Risk Management Focus Group, community workshops, media releases and the formal public exhibition of the draft documents.  The Focus Group membership includes Council officers, State agencies, community representatives and elected Councillors Seckold and Nadin.

Council consideration of input

Throughout the floodplain risk management process implemented locally, Council considers inputs at three distinct stages:

1.      Acceptance of any grant offer to undertake a floodplain risk management project and the corresponding allocation of grant co-contributions;

2.      Consideration of various tender proposals to engage a suitable consultant to undertake the project;

3.      The formal endorsement of the final study findings and recommendations at the project conclusion following public exhibition of the draft documents and evaluation of any submissions.

Financial and resource considerations

Council officers will manage this project utilising the services of a consultant as per the conditions of the OEH Funding Agreement.  Council or commercial meeting facilities may also be required during consultation activities.

As per the conditions of the executed Funding Agreement, Council is required to have available its matching contribution of one-third of the anticipated total project cost.  Floodplain Management Grants are funded at a ratio of 2: 1 State Government dollars per Council dollar.

Council’s matching contribution will be required to be carried across 2-3 financial years to support delivery of the project.  There are adequate funds to support any variations, provisional items and prime cost items required to complete the project.

Funding source

 

Amount

External Floodplain Management Program Grant from Office of Environment and Heritage

$

152 000

General Fund - Stormwater operating expenses

$

76 000

Legal /Policy

The tender process complied with the Local Government Act 1993.

Council will be required to comply with the conditions of the Funding Agreement for Financial Assistance under the 2018/2019 OEH Floodplain Management Grants program executed by the General Manager dated 4 February 2019.

Adoption and subsequent implementation of the consequent final flood study will allow Council to meet its statutory obligations under the NSW Government Flood Prone Land Policy, the 2005 NSW Floodplain Development Manual and section 733 of the NSW Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The outcomes of the project will provide information to allow long term planning and options for protection, management or relocation of Council’s assets to be identified, costed and implemented.  The project outcomes will also help inform any future Floodplain Risk Management Study or Floodplain Risk Management Plan and land use planning policy and controls.

Adoption of the preferred tenderer will allow Council to achieve its stated action in the 2017 – 2021 Delivery Plan of ‘Identify and Complete Floodplain Risk Management Projects’.

Environmental / Sustainability

Some of the objectives of the floodplain risk management process include, but are not limited to:

·    protecting and where possible enhancing the river and floodplain environment and be consistent with the objectives of relevant State Government policies;

·    ensuring actions arising out of any subsequent floodplain risk management plan meet with ecologically sustainable design principles;

·    allowing consideration of the environmental impact of existing and potential future developments and floodplain risk management measures;

·    allowing consideration of broad scale catchment issues such as water quality, riverine and floodplain enhancement and land management;

·    allowing for the consideration of potential adverse impacts of climate change impacts on flooding behaviour.

These and other environmental issues will be considered in the development of any subsequent Floodplain Risk Management Study and Floodplain Risk Management Plan recommendations and outcomes which will allow Council to meet its statutory obligations under the Environmental Planning and Assessment Act, 1979, Threatened Species Conservation Act, 1995, Fisheries Management Act 1994, and National Parks and Wildlife Act 1974 as they apply to floodplain risk management.

The Floodplain Risk Management Study and Floodplain Risk Management Plan typically follow as third and fourth stage projects after the completion of the Flood Study according to the Floodplain Risk Management process.

Economic

Undertaking the project by accepting the tender will realise some short term, economic benefits to the community. This will be through consumption of local services throughout the project duration.

Long term, the information produced from project outcomes will allow future economic assessment of flooding impacts on the local community and the cost-benefit of implementing any identified mitigation measures to reduce annual average flood damage costs.

Risk

The finalised flood study will allow Council to quantify the existing flood risk within the Pambula River, Pambula Lake and Yowaka River catchments.  The information will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy and section 733 of the NSW Local Government Act 1993.

The completed flood study will identify the hydraulic categories (floodway, flood storage or flood fringe) and the provisional hazard categories (high hazard or low hazard) for flood prone land within the identified catchments.

The information will be useful to emergency response agencies for planning evacuation and logistics.  The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

Completion of the tender evaluation has been undertaken in accordance with the tender evaluation plan and requirements of the NSW Local Government Act 1993.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State.  Transport and communication infrastructure are often located in floodplains which, being generally more fertile areas, are a base for a significant proportion of the State’s agricultural business.  Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain.  Flooding can, however, also interfere with production, communication, transport, emergency management and agricultural practices. Development and management of floodplains therefore needs to consider a broad range of issues including balancing the benefits of occupying the floodplain against the costs.

The final flood study report will form the technical basis of a future floodplain risk management study and plan that incorporates the management and consideration of social/cultural/economic impacts.

Confidential Information

The Confidential attachments to this report are considered confidential on the following basis:

·    Section 10A of the Local Government Act states which parts of a meeting may be closed to the public with part 2(d) stating:

                      (d)  commercial information of a confidential nature that would, if disclosed:

                      (i)  prejudice the commercial position of the person who supplied it, or

                      (ii)  confer a commercial advantage on a competitor of the council, or

                      (iii)  reveal a trade secret

Section 10D of the Local Government Act states grounds for closing part of meeting to be specified:

(1)  The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

 

(2)  The Grounds must specify the following:

                      (a)  the relevant provision of section 10A (2),

                      (b)  the matter that is to be discussed during the closed part of the meeting,

(c)  the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

In addition to the relevant Act references above, the following also applies:

·    Section 14 of Government Information (Public Access) Act 2009 No 52

               More specifically sub section 2 which states:

(2)  The public interest considerations listed in the Table to this section are the only other considerations that may be taken into account under this Act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information.

                      Part 4 of the table referred to above states:

(4)  Business interests of agencies and other persons

There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects:

                      (a)  undermine competitive neutrality in connection with any functions of an                                           agency in respect of which it competes with any person or otherwise place an                                 agency at a competitive advantage or disadvantage in any market,

                      (b)  reveal commercial-in-confidence provisions of a government contract,

                      (c)  diminish the competitive commercial value of any information to any person,

               (d)  prejudice any person’s legitimate business, commercial, professional or financial                            interests,

               (e)  prejudice the conduct, effectiveness or integrity of any research by revealing its                             purpose, conduct or results (whether or not commenced and whether or not                                           completed).

 

Attachments

1.            RFT 28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Memorandum to Councillors (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret (Section 10A(2) (d) of the Local Government Act 1993).

2.            RFT 28/19 Pambula River, Pambula Lake and Yowaka Flood Study Tender Evaluation Sheet (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret (Section 10A(2) (d) of the Local Government Act 1993).

  


Council

12 June 2019

 

Staff Reports –  Governance And Strategy

 

12 June 2019

  

13.1            Code of Meeting Practice and Code of Conduct...................................... 68

13.2            Appointment Acting General Manager to covering periods of leave and senior officer in charge............................................................................ 130

13.3            Council Meeting Agenda -- Order of Business....................................... 132


13.1. Code of Meeting Practice and Code of Conduct     

 

Council is required to formally adopt a Code of Conduct and Code of Meeting Practice following these documents being prescribed by legislation and Gazetted in December 2018.

 

General Manager  

 

 

Officer’s Recommendation

That Council adopt:

1.      The revised Code of Meeting Practice (Procedure 6.02.2) for commencement at the Council meeting on 26 June 2019.

2.      The updated Code of Conduct and the Procedures for the Administration of the Code of Conduct, and

3.      The new Councillor Induction and Professional Development Guidelines.

 

Executive Summary

At the Council meeting of 13 March 2019, it was resolved to place on public exhibition the revised Code of Meeting Practice (COMP); revised Model Code of Conduct for Councils (COC); the updated Procedures for the Administration of the Model Code of Conduct (PCOC); and the new Councillor Induction and Professional Development Guidelines.

The public exhibition period of 28 days for these documents commenced on 13 March 2019 and submissions were invited from members of the public for a period of 42 days. This period closed on 30 April 2019.

There were no submissions received relating to the COC, PCOC, or the new Councillor Induction and Professional Development Guidelines.

There were four (4) submissions received in relation to the revised Procedure 6.02.2 Code of Meeting Practice.  The submissions are attached to this report.

Following consideration of all matters raised in the submissions, by Councillors at a briefing session held on 15 May 2019, these documents are now being presented to Council for formal adoption in accordance with the requirements of the Local Government Act 1993.

Background

The initial draft documents were first presented to Council on 21 February 2018 following review and consultation by the Office of Local Government (OLG) relating to the COMP and development of the Councillor Induction and Professional Development Guidelines.

Councils, including Bega Valley Shire Council, made submissions to the OLG on the reviewed COMP, COC and updated PCOC; and the new Councillor Induction and Professional Development Guidelines.

Council considered the final Model documents presented to apply at Bega Valley Shire Council at its meeting of the 13 March 2019, and resolved that these documents be placed on public exhibition for a period of 28 days.

No submissions were received for the revised COC, PCOC, or the new Councillor Induction and Professional Development Guidelines. Four (4) submissions were received for the COMP. Copies of those four (4) submissions are attached to this report.

Councillors considered the COMP submissions at the workshop held 15 May 2019, before revising the COMP (Procedure 6.02.2) a copy of which is also attached to this report.

The most significant change, from the document placed on public exhibition, relates to the hearing of deputations on items on the Agenda for formal Council meetings. The draft had originally proposed that a “Public Forum” for the purpose of hearing deputations would be held at 5.30pm on the Wednesday preceding the Council meeting.

All submissions outlined concerns about this approach. Two submissions focussed on maintaining the status quo with deputations on items on the Agenda still maintained as part of the Council meeting. A third outlined an approach which would see the Council meeting held in two parts, the first containing deputations held in the morning of the Council meeting date, followed by a recess for Council officers to consider any issues raised, with the reconvening of the meeting to consider the agenda with Council staff providing any responses on matters raised in any deputations when the item was considered.

Councillors reviewed all submissions and discussed these issues, resulting in a final position to hold the deputations in a Public Forum at 11.30am on the Council meeting day with the deputations to be live streamed, and all Councillors being required to make reasonable efforts to attend. Any issues raised would be considered by Council officers, providing updated or additional information at the meeting later in the day or if the issues raised were substantive then recommending a deferral.

Other items raised in submissions referred to the time allotted for speakers (deputations) which has been amended to return to the current five (5) minutes. The number of speakers for or against a particular matter will be limited to three (3) and Councillors will consider the full list of requests and may, if time allows, hear additional deputations. The General Manager will be required to present reasons if any request to speak is denied.

At the commencement of the Council meeting the Mayor will read out a list of the deputations heard at the Public Forum, from earlier in the day.

In relation to Councillor Pre-Meeting Briefings, two submissions make reference to recommending these sessions should be open to the public. Council also considered the Pre-Meeting briefings and have asked officers to amend the section in the draft COMP to outline these sessions would be held in the week prior to the Council meeting, not on the Council meeting day and would remain Councillor only briefing sessions. The focus of these will be to cover items which will be included in the Business Paper being finalised.

A number of clarifying items, some typographical and layout items, were raised and Council considered these, amending the draft in most instances.

A table with responses to all items raised is also attached.

Council is required to formally adopt these documents as per the recommendations in this report.

Community Engagement

The documents were placed on public exhibition, via Council’s Website, through Advertisement in the local newspapers, and copies were made available a Council’s four Libraries. Four (4) submissions were received, for the COMP. No submissions were received for the COC, PCOC or the Councillor Induction and Professional Development Guidelines.

Financial and resource considerations

Work undertaken by Council officers in preparing draft documents, exhibition and distribution of forms are part of normal duties and has not required additional budget.

Legal /Policy

Council is required to formally adopt these documents, as per the requirements of the Local Government Act 1993.

The new COMP applies on, and from, 14 June 2019 irrespective of whether the Council has adopted a new code of meeting practice based on the new Model Code. From then, the new Model Code overrides anything in the Council’s existing adopted COMP to the extent of any inconsistency.

Council’s first meeting governed by the new Model Code will be the first meeting that occurs either on or after 14 June 2019. The Resolution notes the timing for the introduction of the new COMP.

The relevant provisions are:

Clause 422 of the Local Government (General) Regulation 2005:

422 MODEL CODE OF MEETING PRACTICE

(1)  In this clause:

"phasing-in period”, for a council, means the period:

                           (a) commencing on 14 December 2018, and

(b)  ending on 14 June 2019 or on the date on which the council adopts a code of meeting practice under section 360 of the Act (as substituted by the Local Government Amendment (Governance and Planning) Act 2016), whichever occurs first.

(2) During the phasing-in period for a council:

(a)  Part 10 of this Regulation (as in force immediately before 14 December 2018) continues to apply to meetings of the council as if that Part had not been substituted, and

(b)  clause 117 (2) of Schedule 8 to the Act does not apply to the council, and

(c)  any code of meeting practice duly adopted by the council under section 360 (2) of the Act, and in force immediately before the substitution of that subsection on 14 December 2018:

                   (i) continues to apply to the conduct of meetings of that council, and

(ii)  is taken to have been adopted under section 360 of the Act (as substituted).’

These documents also comply with Council’s obligations in its Community Strategic Plan:

Goal: We are informed and engaged community with a transparent, consultative and responsive Council.

Risk

Failure to adopt these revised/new Procedures, particularly the Model Code of Meeting Practice by 14 June 2019 when it is deemed that the various Model Codes apply, would mean Council’s Code of Meeting Practice would revert to the model Code..

 

Attachments

1.         Summary of submissions

2.         Submission workshop responses

3.         Submissions received

4.         Draft Code of Meeting Practice

 



 



 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


13.2. Appointment Acting General Manager to covering periods of leave and senior officer in charge     

 

From time to time senior staff will be required to undertake Acting General Manager responsibilities. With staff changes at the Director level now finalised this report notes the staff who may be delegated to cover specific, non-planned periods as a senior officer in charge.

 

General Manager  

 

 

Officer’s Recommendation

1.    That Council note that one of the following staff will be nominated by the General Manager to cover operational matters for periods when the General Manager is out of the Shire or on sick as a senior officer in charge:
       - Mr Anthony McMahon
       - Dr Alice Howe
       - Mr Graham Stubbs.

 

2.           That the Council appoint Mr McMahon Director Assets and Operations as Acting General Manager for the upcoming period of the General Manager’s annual leave from 1-23 July 2019.      

 

3.    That Council delegate to the Acting General Manager Mr McMahon, the authority to exercise all discretionary functions that Council is capable of delegating and is not prohibited from doing so under sect 377 of the Local Government Act 1993, and also excluding any specific functions which Council has, by resolution, reserves to Council.

 

Executive Summary

Council’s General Manager, Ms Leanne Barnes, will be on annual leave from 1 to 23 July 2019. In accordance with Sect 344 of the Local Government Act 1993, Council must appoint an Acting General Manager for the period the General Manager is on leave.

This report recommends the appointment of Mr Anthony McMahon, Director Assets and Operations, into the role of Acting General Manager for the period of the General Manager’s annual leave.

The report also notes that the designated senior staff may also from time to time be asked to take on a senior role to cover operational matters for periods when the General Manager is out of the Shire or on sick as a senior designated officer in charge. It is timely to reconfirm that the Council’s designated senior staff are:

·    Mr Anthony McMahon

·    Dr Alice Howe; and

·    Mr Graham Stubbs.

This ensures that the organisation has a single point of contact, senior staff contact person for these short, intermittent periods.

 

Attachments

Nil

 


13.3. Council Meeting Agenda -- Order of Business     

 

Council is required to formally resolve its order of business (Clause 11 Meetings Regulation).

 

General Manager  

 

 

Officer’s Recommendation

That Council adopt the order of business for meetings, as outlined below, to commence at the meeting to be held on 26 June 2019.

·    Statement of Commencement of Live Streaming

·    Acknowledgement of Traditional Custodians of Bega Valley Shire

·    Apologies and Requests for Leave of Absence

·    Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

·    Declarations

·    Public Forums – report by Mayor of deputations heard prior to the meeting

·    Petitions

·    Mayoral Minutes or Announcements

·    Urgent Business

·    Staff Reports

·    Councillor Reports

·    Rescission/Alteration Motions

·    Notices of Motion

·    Questions with Notice

·    Confidential Business – Closed Session

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

·    Statement of Re-Commencement of Live Streaming

·    Noting of resolutions from Closed Session

·    Declassification of reports considered previously in Closed Session

 

 

Executive Summary

During a preceding item of the Council meeting on 12 June 2019 Council will have considered and adopted its Code of Meeting practice. Due to the changes in the proposed Code of Meeting Practice, the agenda for Council Meetings moving forward needs to be appropriately amended to reflect these.

Background

Clause 11 of the Local Government (Meetings) Regulations requires Council to formally resolve its order of business.

The order of business to be adopted in the revised Code of Meeting Practice is:

·    Statement of Commencement of Live Streaming

·    Acknowledgement of Traditional Custodians of Bega Valley Shire

·    Apologies and Requests for Leave of Absence

·    Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

·    Declarations

·    Public Forums – report by Mayor of deputations heard prior to the meeting

·    Petitions

·    Mayoral Minutes or Announcements

·    Urgent Business

·    Staff Reports

·    Councillor Reports

·    Rescission/Alteration Motions

·    Notices of Motion

·    Questions with Notice

·    Confidential Business – Closed Session

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

·    Statement of Re-Commencement of Live Streaming

·    Noting of resolutions from Closed Session

·    Declassification of reports considered previously in Closed Session

Community Engagement

Consultation undertaken

The draft Code of Meeting Practice was publicly exhibited and four submissions were received and have been considered.

Council consideration of input

Councillors considered the submissions at a briefing on 15 May and have resolved on the Code of Meeting practice at an item on the agenda of the meeting of 12 June 2019.

Legal /Policy

Clause 11 of the Local Government (Meetings) Regulations requires Council to formally resolve its order of business.

The Code of Meeting Practice if adopted as attached to this business paper includes clauses that impact the order of business.

As the new Code of Meeting Practice (or Model Code if Council has not resolved to adopt the attached draft) commences on 14 June 2019 and will be in place to guide the meeting of 26 June it is timely for Council to consider its order of business at this meeting.

 

Attachments

Nil

   

 


Staff Reports –  Finance

 

12 June 2019

 

14.1            Quarterly Budget Review Statement - 31 March 2019.......................... 136

14.2            Determination of the Local Government Remuneration Tribunal - 19-07 2019/20 - Mayoral and Councillor Fees.................................................. 151


14.1. Quarterly Budget Review Statement - 31 March 2019     

 

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

 

Director Business and Governance  

 

 

Officers Recommendation

1.      That Council note the Chief Finance Officer’s position relating to the September2018 quarterly review and consider this report to cover both Statements.

2.      That Council adopt the March 2019 Quarterly Budget Review.

3.      That Council note movements outlined in the Quarterly Budget Review Statement.

 

Executive Summary

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

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

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

Financial and resource considerations

Council’s budgeted surplus has decreased by $24,516,000. This is due mainly to grants and contributions for Capital projects, totalling $16,464,000 that was originally expected to be received prior to June 2019 but have been removed and incorporated into the draft Budget. Additionally, an amount of $7,582,000 that was included in the December review were funds that have been received in last financial year and were sitting in Council’s reserve balances.

Council continues to develop plans to better account for its assets, by ensuring that when works are completed, they are capitalised and depreciated appropriately. Work is underway to mature Council’s Asset Management Systems to provide for more accurate capturing and monitoring of assets, particularly in the areas of Council employee costs being appropriately captured against capital projects. As a result, it is anticipated Council will be in a better position in the future to have more real time information to accurately forecast its maintenance and renewal costs. 

Council is currently in the process of working through the development of its draft OP and Budget for the 2019/20 Financial Year. Officers have identified $4,795,000 of Transport projects which will not be fully completed, or which were funded in 2018/2019, requiring funding allocations to be carried forward (revoted) to the 19/20 Budget.

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2005, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

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

Budget Review Statements and revision of estimates

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

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2017–2021 Delivery Program and 2018 -2019 Operational Plan provides the Financial Estimates 2017–2021 which includes the Budget for 2018-19.

Council will need to be mindful the Long-Term Financial Plan, is not likely to have the same level of external grant funding, and an expansion of the current asset base will put pressure on future budgets through increased maintenance and depreciation costs.

Given the issues highlighted by Council in achieving its Asset Management model, future gains or surpluses need to be placed into appropriate reserves to provide coverage for future liabilities.

 

Attachments

1.         Quarterly Budget Review Statement - Quarter 3 - 31 March 2019

 



 



 


 



 




 



 


 


14.2. Determination of the Local Government Remuneration Tribunal - 19-07 2019/20 - Mayoral and Councillor Fees     

 

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2019/2020 Financial Year.

 

Executive Manager People and Governance  

 

 

Officers Recommendation

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2019 to 30 June 2020 will be $20,280

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2019 to 30 June 2020 will be $44,250

 

Executive Summary

Council requires a Resolution to set the Councillor and Mayoral fees for the 2019/20 Financial Year (FY).

Background

Each year the Local Government Remuneration Tribunal determines the range of fees payable to Councillors and Mayors in New South Wales. Included in the Determination is the minimum and maximum fees payable for each category of council. For the purpose of determining remuneration, Bega Valley Shire Council is classified as a Rural Regional Council.

The amount payable to each Councillor (including the Mayor) proposed for Councillor fees in the 2019/20 FY is $20,280 with an additional amount of $44,250 payable to the Mayor.

Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Policy 5.02 on payment of expenses and provision of facilities. These reimbursements are in addition to the annual fees outlined in this report.

Councillor fees are payable monthly, in arrears, and funding to meet these payments are provided for in the draft 2019/2020 Budget.

For the 2019/2020 FY, the Tribunal has set the minimum and maximum remuneration amounts for a Regional Rural classification outlined in the table below:

Fees for General Purpose and County Councils

 

 

Category

Councillor/Member Annual Fee

Mayor/Chairperson Additional Fee

Minimum

Maximum

Minimum

Maximum

 

 

General Purpose Councils Metro.

Principal CBD

27,640

40,530

169,100

222,510

Major CBD

18,430

34,140

39,160

110,310

Metropolitan Large

18,430

30,410

39,160

88,600

Metropolitan Medium

13,820

25,790

29,360

68,530

Metropolitan Small

9,190

20,280

19,580

44,230

 

General Purpose Councils -

Non-metropolitan

Regional City

18,430

32,040

39,160

99,800

Regional Strategic Area

18,430

30,410

39,160

88,600

Regional Rural

9,190

20,280

19,580

44,250

Rural

9,190

12,160

9,780

26,530

 

County Councils

Water

1,820

10,140

3,920

16,660

Other

1,820

6,060

3,920

11,060

 

Financial and resource considerations

The current 2019/2020 draft Budget includes an amount equivalent to an increase of 2.5% only in anticipation of the Tribunal’s Determination. The full amount for the maximum annual fee would result in a total cost to Council of $226,770 for the 2019/2020 FY, this is an increase of $55,130 over the 2018/2019 FY expenditure and is higher than the 2.5% increase due to Council not adopting last two years’ increases. If Council resolve again not to take up the increase the draft budget will be appropriately amended prior to adoption.

Funding source

 

Amount

2019-20 Operating Budget

$

226,770

 

Attachments

1.         Remuneration Tribunal 2019 Annual Determination

 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


 

Councillor Reports

 

12 June 2019

 

16.1            Canberra Region Joint Organisation Board Meeting - Key Outcomes.. 174


16.1. Canberra Region Joint Organisation Board Meeting - Key Outcomes     

 

Cr Nadin attended the Canberra Region Joint Organisation (CRJO) presentations and Board Meeting on 23 and 24 May 2019 in Canberra

 

Cr Nadin  

 

On 23 and 24 May I travelled to Canberra to the attend the Canberra Region Joint Organisation (CRJO) Board meeting. There were presentations on the Thursday from:

·    Canberra Airport on their Masterplan - Head of Aviation at Canberra Airport Michael Thomson spoke about the ongoing development of the Airport's Masterplan. Mr Thomson said more than $1.7 billion had been invested in the Airport, which included an overhaul in the terminal and runways. Mr Thomson said this had been pivotal to attracting international airlines Singapore Airlines and Qatar. He said the expansion had turned the airport into a large business park with offices catering for more than 13,000 people. Interestingly, despite the large upgrade and increased services, Mr Thomson said numbers of passengers flying from Sydney to Canberra had decreased by more than 50,000 in the past few years (even though the population the Airport serves has increased by about one million people) with people preferring road or rail instead. He said there was no doubt the high price of flying was to blame. In some cases it was cheaper to fly to Singapore than Canberra! However, Mr Thomson reiterated the Airport's commitment to increasing regional flights including Merimbula. I asked about the disruption the planned Badgery's Creek will have on Canberra Airport and Mr Thomson said although it would have an impact they were likely servicing different routes and would work complimentary. He also pointed to a forecast spike in Canberra's population to more than 500,000 people by 2030. The final Canberra Airport Masterplan is due to the Commonwealth Government by January 16, 2020. Mr Thomson also spoke about progress on the PAK Fresh Handling operation at the Airport, which exports fresh produce from the Canberra Region area via Qatar or Singapore Airlines. 

 

·    Transport NSW on the progress of the faster and fast train planning - Julie Gee spoke for Transport NSW on the progress of the faster and fast train planning. The purpose would be to slash travel times from Sydney to Canberra by about 75 percent to just 1 hour and about 30 minutes from Goulburn to Sydney. Ms Gee said the focus of the fast train was being now planned in stages rather than a single one-off project. She said this would make the project more palatable and achievable for successive governments to pick away at (which seems to make sense after 30 years of the project being talked about). It also meant priority areas could be targeted first and built on. The project was being developed into five parts by identifying and upgrading parts of the track and eventually lead to a complete duplication. Ms Gee could not really speak to the feasibility of the project nor the expected costs of travel, which I thought was important considering the previous presentation on how price sensitive customers had become. 

 

·    CRJO General Managers on the SE NSW freight corridors and opportunities covering Wagga/Canberra/Eden

·    Snowy Hydro 2.0- Snowy Hydro representative Dean Lynch updated the JO about progress on Snowy 2.0. Mr Lynch spoke about trying to keep the work force as local as possible rather than flying workers in and out of the area. He said this would help keep local economies protected against long term shocks when labour was withdrawn. I'm not sure what the impact would be on the supply and demand of local tradies then, who might be lured to the Snowy project at a time when many trades are already in demand. Regardless, Mr Lynch said there would be changes to the Port of Eden where some of the infrastructure would be delivered for the project, creating dozens of short term jobs. Recently Snowy Hydro announced the appointment of Future Generation as its main contractor, which is a joint venture between Clough, an Australian construction and engineering company, Salini Impregilo, a global hydropower and tunnelling specialist, and Lane. Future Generation will lead the civil works and Voith Hydro will deliver the latest hydro-Generation technology in the new underground power station.

 

·    Canberra Raiders CEO Don Furner updated the JO on the success of the recent Raiders versus Penrith game that was played in Wagga Wagga on May 4. Cr Greg Conkey OAM was at the JO meeting and said although the council spent about $309k on the event they recouped about $300k (even though the weather was not great). More than 100,000 people attended the match, with more than a quarter of tickets sold outside the Riverina area. He estimated several million dollars was injected into the local economy. Mr Furner also thanked Bega for hosting the trial match in February and said the club looked forward to coming back and playing on the upgraded grounds. 

The Board meeting on the Friday covered:

·    Regional Priorities to be workshopped on the Snowy Hydro Legacy Funding

·    CRJO Chairs meeting

·    Board meeting dates

·    Finalising the Vision and Purpose

·    Machinery of Government – NSW

·    Advocacy report

·    Emergency Services Levy

·    Local Government Superannuation

·    Code of Meeting Practice

·    Code of Conduct Panel Reviewers

·    LG State Award renegotiation

·    Crown Lands

·    Wingecarribee Shire Council Waste Levy

·    LG Remuneration Tribunal Joint Organisations

·    Council membership of SEATS and LGNSW

·    Affiliate membership

·    Wind up of the former CBRJO

·    South East Academy of Sport

·    Working Groups

The Business paper and minutes will be available on the CRJO Website.

Bega Valley proposed the Motion following Council Resolution on the SEATS/LGNSW memberships. The outcome in the yet to be confirmed minutes was that:

1.    That the CRJO Board request the CEO to discuss the option for one representative membership at SEATS to cover the CRJO members, associate members and affiliate members.

2.    That a suitable membership fee to cover this be negotiated.

3.    That the CRJO be represented at SEATS meetings by a member and a representative of the Infrastructure Working Group and that they be requested to present all priority transport related issues from the CRJO.

4.    All CRJO Councils be contacted to determine whether they would remain a member of SEATS if the CRJO became a member.

This issue was debated by several members of the JO, with several commenting on the long term purpose of Local Government NSW and SEATS. It's worth noting that two JO members have already withdrawn from LGNSW. However, with no framework in place at the moment for the JO to become an affiliate member and questions over what the reaction and negotiation from LGNSW would look like, it was voted to receive a report from the CEO about the potential options. 

Other items of interest: 

 

·    The JO was united in condemning the NSW Government for its handling and timing of imposing the increased Emergency Services Levy, (ESL) which has come to many councils while their budgets are on public exhibition. The increases aren't small either; for Bega Valley Shire Council it will be an extra cost of about $143k each year, or a 23 per cent increase. The JO voted to advocate to the State Government to absorb the first year's payment (which is about $19 million) and allow councils to plan for the bill for the following year. It was also voted to discuss with the new Minister for Local Government, Shelley Hancock, the possibility of the ESL being considered as a separate payment on rates notice, so the public had a breakdown of costs on their rates notice. 

 

·    Goulburn General Manager Warwick Bennett addressed the JO on his objection to local councils being forced to make additional contributions to finance the shortfall in the Defined Benefit Plan of Local Government Superannuation, which is expected to continue now to June 2021. Councils originally agreed to fund a shortfall created by the global financial crisis for a period of five years only (more than 10 years ago).

Apparently LGNSW was "unaware" of the decision to continue this payment despite a unanimous Resolution at the 2018 LGNSW conference that such action was inappropriate. His Motion to gain support by Country Mayors association to help advocate against the ongoing payments was carried unanimously.

 

·    JO CEO David Rowe put forward a Motion that the State Government should be approached to provide extra financial support to councils following their legislated request that councils provide Plans of Management for all Crown Reserves under their care and control. Whilst staff are still assessing the actual cost to finalise this work by the 2021 deadline, it is expected to cost the Bega Valley Shire in the order of $500,000 and yet we only received a grant of $70,000 to undertake this work. The impacts of Aboriginal Land Claims and Native Title which need to be carefully and appropriately considered require significant work and consultation. The JO will compile a list of the impost on all member councils to allow for further representations to be made to the State Government.

 

 

Attachments

Nil

            


Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: