Agenda of Council - 18 September 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 Bega Valley Shire Council (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 5.11 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 5.11 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 18 September 2019

Item 9.2

9.2. Draft Community Engagement Strategy

The draft Community Engagement Strategy, which includes a Community Participation Plan for planning matters, is presented to Council for approval to place it on public exhibition for a 28-day period.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council place the draft Community Engagement Strategy (Attachment 1) on public exhibition for a period of 28 days to seek broader community feedback.

2. That, following conclusion of the exhibition period, a further report be provided to Council advising of the submissions made, any proposed amendments to the Community Engagement Strategy arising from those submissions, and seeking a resolution to adopt a final version of the Strategy.

Executive Summary

Meaningful engagement allows Bega Valley Shire Council (BVSC) to make informed decisions and provide services that respond to community needs and aspirations. The draft Community Engagement Strategy (Attachment 1) clarifies the way in which BVSC will involve the community in the decisions that shape our natural, built, economic and social environments.

This document is central to BVSC’s community engagement framework and aims to provide a clear understanding of:

· BVSC’s commitment to engaging with local people,

· when engagement will occur,

· what level of engagement will occur,

· how community input is utilised into decision making, and

· how local people can get actively involved in BVSC programs.

The draft Strategy integrates several of BVSC’s legislative requirements for community engagement in the one document. These include requirements under the Local Government Act 1993, Environmental Planning and Assessment Act 1979, and Crown Land Management Act 2016.

Background

BVSC has committed to developing a Community Engagement Strategy to guide engagement processes. The draft Community Engagement Strategy sets out a whole-of-organisation commitment to community engagement. Our commitment is that BVSC will:

· encourage the community to understand, be understood and learn from each other through a productive and inclusive exchange of views

· ensure that people receive information that is timely, free of bias, easy to access and understand

· be transparent, strengthen relationships and build mutual respect through ongoing engagement activities

· be open and responsive to community views, and

· articulate our commitments and deliver on these.

The draft Strategy also provides a commitment that the community of the Bega Valley Shire will be:

· informed about issues and decisions that could affect their current or future way of life

· encouraged to make recommendations to BVSC

· able to raise issues and have their say in a way and at a time that suits them

· be provided opportunities to be involved in decision making processes

· confident their views and feedback have been considered, and

· able to get feedback on how their input has been reflected in BVSC decisions and actions.

The draft Strategy is also designed to address BVSC’s legislative obligations. One of these is to develop a Community Participation Plan that clearly explains how local people can engage with planning matters. The draft Community Participation Plan forms a subsection of the draft Strategy. The Department of Planning, Industry and Environment requires NSW councils to adopt a Community Participation Plan by 1 December 2019.

Community Engagement

Consultation undertaken

To inform the development of the draft Strategy, staff sought input from a range of internal and external stakeholders in July and August 2019 (Table 1).

Table 1 – Stakeholders consulted during development of the draft Strategy

Stakeholder	Engagement Point /representatives
People with a disability	Access and Inclusion Advisory Committee
Business	Business Chamber meetings
Visitor Information Centres	Visitor Information Centre meeting
Special Interest groups	Bega Valley Shire Residents and Ratepayers Association
Councillors	Councillor workshop and briefing
Council staff	Senior Leadership Group meetings Council-wide Directorate meetings

These stakeholders provided feedback on:

· what current engagement techniques are working well

· what barriers do people experience to engaging with Council, and

· what would build trust and make the community feel confident in BVSC’s engagement processes.

Consultation Planned

Broader consultation on the draft Strategy will take place during the 28-day public exhibition period and be promoted in a variety of formats, including in Council News, on social media, and through BVSC’s Have Your Say page.

Direct engagement will be undertaken with Local Aboriginal Lands Councils and youth representatives.

Feedback from the consultation process will also be used to inform the final version of the Strategy to be considered by Council, and BVSC’s Community Engagement Toolkit, which guides individual engagement activities on a project-by-project basis.

BVSC officers are also preparing a set of Organisational Service Standards, which will clearly explain the service standards people interacting with BVSC can expect. These Organisational Service Standards will be publicly exhibited prior to adoption.

Council consideration of input

It is proposed that the draft Community Engagement Strategy, with a review of all submissions, will be presented to Council in November for consideration. This will enable BVSC to meet the Department of Planning, Industry and Environment’s 1 December 2019 deadline.

Financial and resource considerations

The costs associated with individual engagement activities are determined on a project-by- project basis and budgeted across a range of BVSC areas on an annual basis. The draft Strategy provides guidance on the scale of engagement activities required for various BVSC activities, to support efficient and effective use of resources. This draft Strategy was developed in house within budgeted resources.

Legal /Policy

The draft Strategy meets legislative requirements under the Local Government Act 1993, Environmental Planning and Assessment Act 1979, and Crown Land Management Act 2016.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Strategy contributes to the following elements of BVSC’s Integrated Planning and Reporting Framework:

Community Strategic Plan Outcome 1: Active and Healthy Communities; Goal 1: We are co-operative, caring and enjoy a culturally rich community life

Revised Delivery Program 2017 – 2021 Action: Design and implement processes to support Council’s community consultation and engagement activities and processes

Operational Plan 2019-2020 Activity: Develop a Community Engagement Strategy, including a Community Participation Plan for planning matters.

Risk

Effective community engagement supports informed decision making and reduces risks to BVSC. The Community Engagement Framework, which includes the draft Strategy, proposed Organisational Service Standards, and internal Community Engagement Toolkit, will assist BVSC to mitigate risk across its portfolio by inviting local people to contribute to BVSC business. It aims to ensure that engagement is meaningful, effective, and appropriate, and builds trust between BVSC and the community.

Attachments

1 ⇩. Draft Community Engagement Strategy

Council 18 September 2019

Item 10.1

10.1. Tourism Marketing Services and Projects Update

This report provides an update on Council’s Marketing Service Program and associated projects in the tourism sector.

Acting Director Business and Governance

Officers Recommendation

1. That Council note the delivery of Tourism Marketing Services over the 2018/19 period and the Activity Plan for 2019/20.

2. That Council note the range of other activities undertaken in the tourism sector that support the objectives of the Bega Valley Shire Council Economic Development Strategy 2016-21.

Executive Summary

Through the Tourism Marketing Services (TMSM) tender process in 2018, Council appointed Sapphire Coast Destination Marketing (SCDM) to undertake a range of tourism office activities that facilitate the delivery of tourism destination marketing, development and regional leadership activities. These initiatives seek to grow the local visitor economy and create maximised, demonstrable economic outcomes for the benefit of the whole Bega Valley Shire.

The key deliverables of the tender included:

· Management and implementation of a Sapphire Coast Destination Management Program through a yearly Activity Plan including specific actions, projects, tasks, campaigns, aligned to broader regional destination management objectives.

· Deliver support, services and projects that direct and inspire the local tourism and visitor economy.

Council also supports the delivery of a range of additional projects in the tourism / visitor economy that involve a diverse range of stakeholders, outcomes and benefits. These projects often seek to attract funding investment in activities / projects in the Shire and at times include infrastructure-based activities. For example, many infrastructure investments that support the visitor economy also improve the amenity for residents throughout the year. Further work is put into building new, and maintaining existing relationships and partnerships that help leverage Council’s investments in the visitor economy. For example, working closely with the Visitor Information Centres (VIC) to support their work and objectives helps ensure when a visitor had been attracted to the Shire they stay longer, enjoy their experiences more, and spend more money while they are here.

Background

Destination marketing of the Sapphire Coast is a specialist area requiring expertise to deliver a range of benefits from the investment made. The focus areas of investment for Council’s available budget are:

1. Primary Delivery Areas

· Destination Marketing

· Product/Experience Development

· Industry Representation and Leadership

· Operator Development and Training (Industry Development)

2. Secondary Areas

· Tourism Planning and Sustainability

· Research and Data Insights

· Visitor and Information Services

· Funding Attraction and Management

· Leverage additional opportunities, partnerships and mechanisms that grow the visitor economy in the Shire.

· Advocate to local, state and federal stakeholders for the Shire’s visitor economy and provide general support and advice to Council and the local tourism and visitor economy industry.

· Ensure skills, networks, experience and governance arrangements support the local visitor economy, industry and Council achieve its goals.

An overview of TMS activities and projects for 2018-19 is included in Attachment 1. An overview of TMS activities planned for 2019-20 is also included at Attachment 2.

A key marketing activity supported over 2018 and 2019 is the Unspoilt promotional program in partnership with other South Coast councils and Destination NSW. This collaborative program promotes all of the South Coast and, for a relatively small contribution, leverages significant profile for the Sapphire Coast.

There are a number of supporting projects in addition to the lead TMS services program being delivered. For example the Eden Cruise Industry Strategy, funded from the NSW Department of Premier and Cabinet, seeks to support the emergence of Eden as a priority regional port in NSW. Complementing the infrastructure investment through the Wharf extension, project activities undertaken through the Eden Cruise Industry Strategy, and in partnership with the Port Authority NSW have included:

· Marketing and branding collateral, trade promotions and familiarisation tours for media and cruise industry to promote and familiarise these key stakeholders with Eden’s offering.

· Support for onshore welcome activities and training to make Eden a memorable stop for passengers and ensure return visitation.

· Investment into business development and supplier audits, in partnership with the Regional Jobs Investment Package Tourism Future 2030 Project, to support new and existing businesses be cruise ready as cruise ship visitation increases.

· Bundian Way project Development including a brand book, signage, updated website and cruise tour product development.

Another key project being delivered is the Tourism Future 2030 project funded by NSW Department of Premier and Cabinet – Eden Cruise Activation Strategy and the Department of Industry Innovation and Science – Regional Jobs Investment Program. This project seeks to position the Sapphire Coast’s future tourism offering through a Tourism Future 2030 Vision Platform and a significant investment in industry development. In November 2018 a Tourism Industry event was delivered with over 150 attendees and key stakeholders including Tourism Australia and Destination Southern NSW. This event kicked off industry engagement on the Shire’s future tourism opportunities and delivered workshops with industry across content areas such as experience development, cruise products, trade distribution, marketing and business planning. Extending this engagement with industry is being delivered by a 1:1 Mentor Program.

Financial and resource considerations

Funding Sources 2018-19		Amount (ex. GST)
Special Rate Variation – Tourism Marketing Services including Visitor Information Centres 2018-19	$	306,000
Council General Funds – Tourism	$	35,000
External Funding 2017-18 to 2018-19	$	$374,500

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This activity supports Council’s Community Strategic Plan 2040 Outcome- Employment and Learning Opportunities: Goal 3 Our economy is prosperous, diverse and supported by innovative and creative businesses.

The delivery of the services and projects in this report relate directly to the Bega Valley Shire Council Economic Development Strategy 2016-21: 5.6 Enhancing visitor experiences: Visitation.

Environmental / Sustainability

The Sapphire Coast’s value proposition is heavily focussed on unique natural experiences and the market positioning of Australia’s Coastal Wilderness. Focussing on these unique aspects is key to differentiating the Shire’s tourism offering in a crowded domestic marketing landscape. Appropriate environmental management with all stakeholders to maintain and improve this key asset is important to long term success.

Economic

The value of tourism in the Bega Valley Shire to the year ending June 2018 was approximately $499m in total visitor spend, while visitation was just over 1 million for this period supporting approximately 3,000 jobs. As a result, tourism is a key local industry creating local economic activity and bringing export revenue into the Shire.

Attachments

1 ⇩. Sapphire Coast Report on Tourism 2018-19

2 ⇩. Final Tourism Activity Plan 2019-20

Council 18 September 2019

Item 11.1

11.1. North Bega Sewer Phase Two

Construction of a sewerage reticulation system to service Bega Cheese has been completed. The remainder of North Bega industrial and residential areas are not connected to sewer. This report outlines community consultation and technical investigations undertaken to support connection of the remaining areas.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the contents of this report and the status of the North Bega Phase Two Sewer Project.

2. That Council resolve to proceed with the Phase 2 Sewer Project as an improved hybrid gravity and pressure system for both the industrial and residential properties as detailed in this report.

3. That Council authorise the General Manager to execute all necessary documentation.

4. That all affected property owners be notified of Council’s decision.

Executive Summary

Residential, commercial, and industrial properties in North Bega area (except for Bega Cheese) are currently reliant on septic systems and pump-out systems to manage their sewage waste.

This report provides an update on the North Bega Phase 2 sewer project which aims to extend Council’s existing sewer infrastructure, and details the likely benefits and costs involved to proceed further with the proposal.

A resolution of Council is sought to proceed with the project as an improved hybrid gravity and pressure system, as detailed in this report.

Background

Council is committed to improving infrastructure for the community. The North Bega Phase 2 sewer project will extend Council’s existing sewer infrastructure in the area. Bega Cheese was connected during Phase 1 works with Phase 2 aiming to connect approximately 70 additional residential and commercial properties.

Phase 2 works will deliver the main infrastructure as well as the individual property connections. To date the project has involved community consultation, concept design, detailed survey, detailed design and a review of environmental factors pursuant to Part 5.1 of the Environmental Planning and Assessment Act 1979.

Residential, commercial and industrial properties in North Bega (except for Bega Cheese) are currently reliant on septic systems and holding tanks to manage their sewage waste. These sewerage systems require regular pump-out and maintenance activities. Pump out services are typically required every month for holding tank systems, and yearly maintenance is required for on-site septic systems.

The elimination of on-site sewage treatment and pump-out operations for properties in North Bega will result in demonstrable environmental, community and financial benefits. The connection of properties will increase the value of land and facilitate development opportunities.

Council has engaged specialist consultants, Cardno, to prepare a concept design, detailed design and a Review of Environmental Factors for a hybrid pressure and gravity network. The proposed system includes gravity reticulation servicing 33 lots and pressure sewer reticulation servicing 35 lots. A copy of the concept design as provided in Attachment 1.

Options

The gateway issue for consideration is the decision to proceed with Phase 2 works or not.

On balance, non-residential property owners view the extension more favourably than residential property owners who are largely unsupportive. Relevant to a decision to proceed are the results of a recent audit of residential onsite sewage management infrastructure which revealed substantial problems with many of the systems. From environmental and land development perspectives Council should proceed with the preferred option.

The options considered were:

1. A hybrid gravity and pressure system - This option involves combining pressure and gravity solutions to service the residential area and a pressure solution to service the industrial area. The gravity alignment for this option would not affect large areas of vegetation and through detailed survey, the drainage capability has been confirmed. The transition point from gravity to pressure network will be completed at the back of properties negating the need to have ventilation infrastructure fronting residential properties.

2. An entire pressure system - This option would involve designing and appropriately sizing an entire pressure network to service the residential, and extensions of the existing pressure network to service the industrial users.

Council officers recommend Option 1 above. However, the options available to Councillors are as follows:

1. Resolve to proceed with the North Bega Phase 2 Sewer Project as detailed and recommended by Council officers in this report.

Costs involved under this option are:

Industrial area

· Property owners to pay $7000.00 to connect to the sewerage system network and to receive one ET (equivalent tenement) credit once connected. This is a 50% contribution to the construction costs of the new sewerage system to service the industrial area. Council to pay the remaining balance of the construction costs and to charge no upfront section 64 headworks charges to any of the property owners.

· All property owners to be given 24 months to connect to the sewerage system network at the discounted rate. Once the 24 months has expired, property owners that have chosen not to connect during the transitional period will be required to pay unconnected sewer rates, and if they choose to connect later they will be required to pay the full connection price at that time.

Residential area

· Property owners to be exempt from all upfront costs to connect to the sewerage system network including section 64 headworks connections charges for one ET (equivalent tenement) credit per property. Council to pay for all construction costs associated with new sewerage network system.

· All property owners to be given 24 months to connect to the sewerage system network free of charge. Once the 24 months has expired property owners that have chosen not to connect during the transitional period will be required to pay unconnected sewer rates and pay the full connection price at that time.

2. Resolve not to proceed with the proposed North Bega Phase 2 Sewer Project as detailed in this report and direct Council officers to carry out alternate investigations into sewer in the North Bega area; OR

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

Community Engagement

Consultation undertaken

Extensive consultation was undertaken with all members of the community potentially impacted by the proposal. The consultation included three (3) community contact letters and a community consultation workshop.

The community contact letters invited recipients to answer a survey, providing opportunity for residents to give feedback on the scheme, and aided in the gathering of data to inform the concept design chosen. Of the 68 property owners contacted through the process, 54 provided responses to the survey, or were engaged during the community consultation workshop, or have been followed up in other ways.

After the concept design was reviewed and approved in principle, the community consultation workshop was held to present the design to affected property owners; a second letter was sent as an invitation to this workshop. A post consultation workshop thank-you letter was sent out to all property owners, and any owners not able to attend the workshop were encouraged to be in contact regarding the proposal.

Consultation Planned

Further consultation will be undertaken commensurate with Council resolution.

Financial and resource considerations

The total cost estimate for the project is $2,658,642.25. The proposed funding sources for this project are:

1. Safe and Secure Water Program – It is proposed that Council seek funding under the Safe and Secure Water Program for the detailed design and construction of the North Bega Phase 2 Sewer Project. A maximum 25% of the project capital costs as allowed by the Program Guidelines, which equates to $664,656.25. The likelihood of securing funding under this program is not known.

2. Council Funding – It is proposed that the balance of the project cost will be funded by Council’s sewer fund, which equates to approximately $1,993,968 should Council successfully receive grant funding.

3. Property owners – It proposed that residential property owners not be required to pay to connect, noting they will be required to fund the cost of individual connection to the spine infrastructure. It is also proposed that non-residential properties owners be required to pay $7,000 to connect. This cost is considered reasonable as it is approximately 50% of the costs of providing the spine infrastructure to the non-residential catchment.

Council will fund all ongoing operational costs of the sewerage system over its operating life noting that once connected the properties would pay annual sewer charges.

Legal /Policy

As the proposed development will be carried out by Council, as a public authority, the works are identified as development permitted without consent under State Environmental Planning Policy (Infrastructure) 2007. A Review of Environmental Factors is being prepared to support an application under Part 5 of the Environmental Planning and Assessment Act 1979.

In addition, a Section 60 approval will be required from Department of Primary Industry - Water.

It is a requirement, under the Local Government Act 1993, that Council resolve to acquire interests in private property, therefore if this project were to proceed a further Council resolution would be required to formalise easements through private properties to protect the infrastructure.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with 2 out of 6 key outcomes identified in Council’s Community Strategic Plan (CSP):

· Sustainable living

· Liveable Places

The CSP highlights the strong sense of value placed on maintaining the pristine environment that currently exists around Bega and the other towns within the Shire. Providing a sustainable and sanitary sewer reticulation system for North Bega is a major milestone for preserving the environments natural health, improving the long-term sustainability of the suburb and making the area a more liveable location, directly addressing the key values brought forward by the community strategic plans goals.

This project directly contributes to Council’s Strategic Plan and mission statement “To provide sustainable, cost effective water supply and sewerage services that meet present and future community needs and regulatory requirements”.

Environmental / Sustainability

The proposed works will result in the reduction of environmental risks in the local area (see Attachments 2 and 3). Unsuitably positioned and poorly maintained septic systems during periods of high rainfall can result in contamination of the surrounding environment. Surface water runoff and groundwater moving through a contaminated site is likely to distribute the contamination further into the environment, particularly to local waterways. This can lead to public health and pollution issues.

The proposed works would benefit the environment through the improved management of sewage material transfer to the Bega Sewerage Treatment Plant. The decommissioning of existing on-site sewerage systems which may cause environmental contamination due to poor condition would also provide environmental benefits.

Economic

Currently the expansion, or intensification, of development in the North Bega area increases the risk of system overload or failure, that could result in ongoing costly reactive maintenance with the potential for environmental damage.

Connection of North Bega properties to the reticulated sewer system will allow for growth opportunities, and present Bega Valley Shire as a secure place to invest for business and to visit as a tourist. This is expected to contribute to the strengthening of the local community.

Social / Cultural

The primary outcome of the project will allow North Bega including residential, commercial and industrial properties to be connected to Council’s sewer system. This will be achieved by a hybrid sewer system, combining both a pressure network and a gravity network.

Connection of North Bega to the sewer system will bring about the following outcomes:

· Environmental improvements with reduced risk of environmental contamination from septic systems and holding tank discharge; and

· Community benefits including a future ready community that has existing sewage infrastructure ready for economic growth and diversification.

Confidential Information

Local Government Act

The confidential attachment to this report is 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(a) stating:

(a) the report contains personnel matters concerning particular individuals

· 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 defined in Section 14 of Government Information Public Access (GIPA) Act 2009) 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.

Attachments

1 ⇩. Pre Concept Design North Bega Sewer Phase Two

2 ⇩. North Bega On-site Sewage Management Report

3 . Confidential Attachment to North Bega Sewer Phase Two(Councillor Only) (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

Council 18 September 2019

Item 11.3

11.3. Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve

An overview of recent site meetings and an updated Site Management Plan -Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve September 2019- is presented for Council consideration.

Director Assets and Operations

Officer’s Recommendation

1. That the information in the report and attachments is received and noted.

2. That the Site Management Plan Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve September 2019 (provided to Councillors) is endorsed by Council and published on Council’s website.

Executive Summary

At the Council meeting on 21 November 2018 Council 2018, considered the 12.1 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve. The resolution identified several amendments to the Site Management Plan. A key item in the resolution was a direction to delineate and identify by way of a map: a) open areas and current beach access routes, which are to be maintained; b) current vegetation areas, which are to be quarantined to ensure wildlife corridor connectivity.

Since the 21 November 2018 Council resolution there has been ongoing engagement with the North Tura Beach Residents Association and the Living with Nature Group. After reviewing information and issues on site, sending sketch mark-up maps to group representatives, and considering future site management tasks, it was identified that a direct application of the Council resolution (regarding ‘current’ vegetation areas) may be difficult to achieve and also may not deliver the intention to ensure wildlife connectivity.

An option of an ‘offset’ approach was developed to consolidate some of the fragmented vegetation patches (by adding space to larger vegetation areas) and increase mown area in what was the priority area for that type of use (near the lagoon).

Early in the year, following site meetings with both groups attending, there was in principle agreement for this approach. However as more detailed maps were produced issues arose again and the agreement was withdrawn.

In an effort to progress the matter the Mayor arranged meetings with the two groups individually in July 2019. During the meetings it was noted there was differing opinions on desired outcomes and approaches. Notes on the site meeting discussions including ‘outcome and way forward’ are attached and have been attached as an appendix to the updated SMP.

It is noted that not all have agreed with all the management actions and ‘way forward’ approaches. However, they do provide a balanced approach to achieving improved outcomes for all interested party’s whist working within the relevant legislation.

An updated Site Management Plan (SMP) Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve September 2019 has been provided to Councillors. It includes changes directed by item 3 of the 21 November ,2018 Council resolution. Endorsing the updated SMP will provide clear direction on the way forward in management of the area. It will also provide a good framework on key tasks and approaches for management of similar areas across the Shire.

Background

At the Council meeting on 21 November 2018 Council considered the report 12.1 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve and resolved:

1. That the information in the report and the legal advice attached be received and noted.

2. That the following items be further clarified and the information provided to Councillors by memorandum, for inclusion in appropriate works plan for the site:

· Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

· Management of vegetation canopies on both sites

· Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

· The extent of future vegetation and general site management for The Point site.

· The use intermittent native plantings - not bollards or a walking track - to delineate APZs.

3. That the following Items in the Site Management Plan Attachment A be amended as follows:

· Item 3 – remove installation of bollards

· Item 5 - add the following wording “decrease vegetation in Dolphin Cove Carpark and also clear access path to a width of 3 metres wide to the top of the northern beaches

· Item 6

1. Council delineate and identify by way of a map:

a) open areas and current beach access routes, which are to be maintained; b) current vegetation areas, which are to be quarantined to ensure wildlife corridor connectivity;

2. For areas that are identified as vegetation, ensure that trees, including banksias and melaleucas remain untouched, while all other vegetation types are open to be revegetated and replaced with low growth native plants as the area is maintained and current plants reach their end of life.

· Item 12 – Remove the entire item (no change)

· Item 13 – amended to read “Update signage” (no change)

In working through the resolution, it was noted that item 1 is to be noted. Item 2 is a carry-over from the 01 May 2018 Notice of Motion Resolution. These items were addressed by memo to Councillors dated 13 June 2018. Item 3 directing amendments to the SMP document is the main item to work through. Most of these are straight forward wording changes to the SMP document. However, the item 6.1 relating to development of a map will be the key to work through.

· Item 6. 1. Council delineate and identify by way of a map: a) open areas and current beach access routes, which are to be maintained; b) current vegetation areas, which are to be quarantined to ensure wildlife corridor connectivity.

Community Engagement

Consultation undertaken

Since the 21 November 2018 Council resolution there has been ongoing engagement with the North Tura Beach Residents Association and the Living with Nature Group. The main points raised by the groups were:

· Living with Nature – Fragmented nature of some of the current vegetation areas leads to high amount of edge area which can be costly / resource heavy for maintenance

· NTBRA – Suggestion to increase mown areas under tree canopy, remove deadwood from wildlife corridor areas, proceed with path works.

An ‘offset’ approach was proposed to increase the under-canopy mowing areas and consolidate some of the random edge shapes and fragmented vegetation patches (by adding space to larger vegetation areas and offsetting increased mowing).

Key elements in this approach are:

· Simplifying and defining edge areas and reducing vegetation fragmentation

· There is no reduction in area (m2) of either mown area or vegetation / wildlife corridor area.

Effective implementation of these items is important to ensure the approach will operate within the relevant legislation. This approach can be a win / win and make improvements to both ‘under canopy mown’ area and vegetation areas to improve wildlife corridor connectivity in those fragmented vegetation areas. In effect the offset approach is locating area (by m2) in the preferred and/or most beneficial location for purpose (wildlife connectivity or mown area) and better defining those areas.

Site Meetings

In an effort to progress the matter the Mayor arranged meetings with the two groups individually, with staff in attendance. During the meetings it was noted there was differing opinions on desired outcomes and approaches. Notes on the site meeting discussions, including ‘outcomes and way forward’, is attached and has been attached to the site management plan. It is noted that not all will agree with the way forward approaches. However, the notes provide a summary of discussion across three meetings with different groups and provide a balanced approach to achieving improved outcomes for all interested parties, whist working within the relevant legislation. A map representing the ‘way forward’ showing Management Areas and path locations was developed and distributed to representatives of the groups. It is also attached to this report.

Volunteer Works

The volunteer working bees have been difficult to manage and have created points of disagreement and conflict. Subject to adoption of the attached September 2019 SMP, Council staff will arrange volunteer working bees which focus on tasks of interest to the differing groups being:

· Parkland appearance, asset maintenance and primary works/weed management.

· Planting, native vegetation management, and detail weed management.

Council staff will program works to align with the adopted SMP and inform the groups of the planned tasks for each working bee.

Moving forward it will be important for those participating in working bees to follow the direction of the adopted SMP and Council staff in planning and programming works. This relates to applying a balanced approach to management of this site and resource allocation to other sites across the shire.

Financial and resource considerations

The site is one of a network of 30 natural areas managed by Council. The total budget available for managing vegetation and assets within natural areas is approximately $145k across all sites, or an average of $4.8k per site (excluding fire hazard reduction works). In 2018/19 expenditure on the area was over $20k.

Some members of the community have very high expectations on the level of resourcing Council should provide to toward this site and specific actions within the SMP. It is appreciated there are improvements to be made to the management of the area and the SMP reflects this. However, the area needs to be managed in conjunction with other natural areas across the Shire, many of which also require works to manage issues on those sites.

A summary of the considerable staff time that has gone into consultation and responding to enquiries on the site was included in the report 18 November 2018. A high level of correspondence has continued since. This is also disproportionate to the time available to the management of other natural area sites.

There is no question the high level of resourcing to this site has, and will, effect delivery of works in other areas. It will not be possible to continue to resource the site at current levels without reducing works or reallocating funds from other budget areas.

Operational measures to manage costs need to be implemented to see that the broader community can also see some improvements in management of natural area sites in other areas across the shire. These measures are outlined in the SMP and the recent site meeting notes.

Legal /Policy

The legislation relevant to management of the site is:

· Local Government Act 1993 (NSW): Council’s Community Land - Generic Plan of Management (PoM) covers parks, sport grounds, natural areas and general community land. The PoM is Council’s overarching policy position on what can be done on various parcels of land in line with the sites in question (part of the Tura Head Coastal Reserve and Dolphin Cove Reserve) are included in the PoM and categorised as Natural Area Bushland;

· Bega Valley Local Environmental Plan 2013 (NSW);

· Biodiversity Conservation Act 2016 (NSW).

Council received legal advice in relation to management of the reserve and possible implications of increased clearing in the reserve. That advice was attached to the 21 November 2018 report and was relevant in the resolution item 6.

Council delineate and identify by way of a map:

a) open areas and current beach access routes, which are to be maintained; b) current vegetation areas, which are to be quarantined to ensure wildlife corridor connectivity;

Impacts on Strategic/Operational/Asset Management Plan/Risk

Community Strategic Plan

Management of natural areas is related to the following Community Strategic Plan items.

Goal 5: Our air and water are pristine and our natural environment and rural landscapes are protected:

Strategy 10: Support innovative land use policies, government and community/business partnerships, and community engagement activities that care for and enhance the natural environment.

Asset Management

The North Tura Beach / Dolphin Cove area is not dissimilar to many coastal residential areas across the Shire. Typical assets include beach access paths and trails, viewing platforms and stairs. It has been acknowledged there can be more work done in the regular maintenance of these assets across the Shire and this is noted in the SMP.

Community Land Plan of Management and Bega Valley Local Environment Plan

The Community Land Generic Plan of Management and the BVLEP 2013 both apply to the land subject of this report. The POM explains the inter-relationship between the relevant legislation (refer page 8). The former (the POM) identifies Council’s intentions for the reserves as the owner of the land (on behalf of the community). It reflects current use and management of the area. Under the POM the reserve area is classified as Natural Area Bushland.

The BVLEP identifies land zoning and development types that are permitted in that zone. The BVLEP does not direct that development must occur. In some instances, the classification of land identified in the POM and some of the development types identified in land zoning in the BVLEP can conflict.

Site Management Plan

Council uses Site Management Plans on several sites across the Shire. They are fundamentally an operational document that identifies and prioritises site issues and in turn works and treatments to manage those issues. They do not change the use or community land classification. They provide direction and consistency in delivery of operations and maintenance works, particularly where there are volunteers active on those sites.

The implementation of a Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve SMP has been contentious. Adopting the attached Site Management Plan (SMP) will provide clear direction on the way forward in management of the area and provide a good framework on key tasks and approaches for management of similar issues and areas across the Shire.

Environmental / Sustainability

Natural reserves contribute significantly to the local conservation of native birds, animals, trees, shrubs and ground cover. Many people enjoy living close to the natural environment.

However, issues at the urban/bushland interface are not uncommon. Those issues include: increasing weed management; urban stormwater management; garden encroachments; dumping; views from private and public land; recreation and access; increased ‘edge’ area; bushfire hazard management; and feral animal control. Sensitive management is required for the bushland to co-exist in coastal urban settings such as Tura Beach and the many other similar areas across the Shire. These issues are not unique to BVSC and management practice is drawn from experiences within other coastal local government areas.

As is identified in the SMP there have been recordings of threatened species in the area. The area provides the habitat corridor linking Bournda National Park to the north and the Tura Coastal reserves to the south and the importance of maintaining this is reflected in the 21 November 2018 Council resolution. Over clearing will be a risk to biodiversity in the area. This risk is managed to a degree through legislation. In the updated SMP map it is proposed to be managed through applying an offset method to clearly define and improve the management of the vegetation areas.

Risk

Adoption to the attached amended SMP provide a framework to establish separate working bees related to works and tasks of interest to the different people and groups.

Some community members and one of the local groups has expressed concerns with the risk of fire in the area. Council officers continue to work closely with the Rural Fire Service to ensure appropriate management actions are taken and asset protection zones (APZs) are maintained across the Bega Valley. The RFS has advised the APZs at the rear of The Point and Dolphin Cove Drive are more than adequate.

Attachments

1 ⇩. Tura Head (The Point) Dolphin Cove Site Management Plan Areas

2 ⇩. Summary North Tura Site Meeting The Point 8 July 2019

3 ⇩. Summary North Tura Site Meeting Dolphin Cove 16 July 2019

Council 18 September 2019

Item 12.1

12.1. Gift Register - September 2018 to August 2019

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

General Manager

Officers Recommendation

That Council note the Gift Register activities between 1 September 2018 and 31 August 2019.

Executive Summary

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

The Register is maintained by Council’s Executive Assistants and a copy of Declarations made over the period 1 September 2018 to 31 August 2019, is attached.

Background

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

Legal/Policy

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

Personal Benefit

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

Gifts and benefits

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

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

Token gifts and benefits

Generally speaking, token gifts and benefits include:

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

• the discussion of official business

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

• conferences

• council functions or events; and

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

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

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

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

e) prizes of token value.

Gifts and benefits of value

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

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

You must not:

• seek or accept a bribe or other improper inducement;

• seek gifts or benefits of any kind;

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

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

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

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

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

Improper and undue influence

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

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

Attachments

1 ⇩. Gift register 1 September 2018 to 31 August 2019

Council 18 September 2019

Item 12.3

12.3. Election of Deputy Mayor

The Council has traditionally elected a Deputy Mayor under Section 231 of the Local Government Act 1993.

General Manager

Officers Recommendation

1. That the election of Deputy Mayor for the period until September 2020 proceed as outlined in the report with appropriate resolutions.

2. That the election of the Deputy Mayor for the period until September 2020 proceed by voting by way of either:

· ordinary ballot, OR

· preferential ballot, OR

· open voting by way of show of hands

3. That all nomination papers and ballot papers (if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending September 2020 be destroyed.

4. That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period until September 2020.

Background

The NSW Parliament passed amendments to the Local Government Act 1993 (the LGA) known as the Phase 1 reforms on 24 August 2016. The Local Government Amendment (Governance and Planning) Bill 2016 is now in force. The term of office for a Mayor elected by Councillors has been increased to two years (section 230(1) LGA). The Mayoral election for Bega Valley Shire Council is therefore for the period September 2018 until September 2020.

In relation to the election of a Deputy Mayor, the Local Government Act 1993 at section 231 states:

231 Deputy Mayor
(1) The councillors may elect a person from among their number to be the deputy mayor.
(2) The person may be elected for the mayoral term or a shorter term.
(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.
(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

Bega Valley Shire has traditionally elected a Deputy Mayor. Operationally it has been appropriate to have an elected Deputy Mayor to support the Mayor with civic duties and to undertake key civic activities when the Mayor is out of the Shire. The Mayor has also delegated some activities to other Councillors who have a particular geographic location or a particular involvement with a project.

The Council therefore must resolve whether :

· it wishes to elect a Deputy Mayor for the period until the end of the current Council term.

Process for the election to proceed as outlined in the following extract from Schedule 7 of the Local Government (General) Regulation 2005. Schedule 7 has been included below for your information.

The election is to be conducted by the General Manager or in her absence, a council employee designated by the General Manager, or in the event that all of these people are absent, by the person who called the meeting.

Schedule 7 – Election of Mayor by Councillors

Part 1 – Preliminary

1. Returning Officer

The General Manager (or a person appointed by the General Manager) is the returning officer.

2. Nomination

(1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

(2) The nomination is to be made in writing by 2 or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the returning officer.

(4) The returning officer is to announce the names of the nominees at the Council meeting at which the election is to be held.

3. Election

(1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the Council meeting at which the Council resolves on the method of voting.

(4) In this clause:

§ “ballot” has its normal meaning of secret ballot

§ “open voting” means voting by a show of hands or similar voting.

Part 2 – Ordinary ballot or open voting

4. Application of Part

This Part applies if the election proceeds by ordinary ballot or by open voting.

5. Marking of ballot-papers

(1) If the election proceeds by ordinary ballot, the returning officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 (1) (b) and (c) and (6) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

6. Count – 2 candidates

(1) If there are only 2 candidates, the candidate with the higher number of votes is elected.

(2) If there are only 2 candidates and they are tied, the one elected is to be chosen by lot.

It is noted the candidate chosen by lot is the successful candidate.

7. Count – 3 or more candidates

(1) If there are 3 or more candidates, the one with the lowest number of votes is to be excluded.

(2) If 3 or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, 3 or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only 2 candidates remain.

(4) A further vote is to be taken of the 2 remaining candidates.

(5) Clause 6 of this Schedule then applies to the determination of the election as if the 2 remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), 2 or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Part 3 – Preferential ballot

8. Application of Part

This Part applies if the election proceeds by preferential ballot.

9. Ballot-papers and voting

(1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the number “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 (1) (b) and (c) and (5) of this Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

10. Count

(1) If a candidate has an absolute majority of first preferences votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, “absolute majority”, in relation to votes, means a number which is more than one-half of the number of unexhausted formal ballot-papers.

11. Tied candidates

(1) If, on any count of votes, there are 2 candidates in, or remaining in, the election and the numbers of votes cast for the 2 candidates are equal – the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are 3 or more candidates in, or remaining in, the election and the numbers of votes cast for 2 or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes – the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 – Choosing by lot

12. Choosing by lot

To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen.

13. Result

The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) To be declared to the Councillors at the Council meeting at which the election is held by the returning officer, and

(b) To be delivered or sent to the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW.

Nominations must be in writing and signed by two or more Councillors (one of whom may be the nominee) and the nominee must indicate his or her consent to the nomination in writing.

The nomination is to be delivered or sent to the Returning Officer (General Manager) who will announce the names of the nominees at the meeting. The written nominations can be given to the General Manager at the meeting prior to the election.

If more than one nomination is received, the Council is required to resolve whether the election is to proceed by preferential ballot, ordinary ballot, or by open voting.

Councillors should note that an election by preferential ballot or ordinary ballot is a secret ballot. Open voting is by show of hands (or similar means).

ISSUES

Process Required / Resolutions

1. If only one nomination for the office of Deputy Mayor is received, the Returning Officer (General Manager) will declare that Councillor elected to the office of Deputy Mayor for the period determined by Resolution. The declaration will be recorded in the minutes.

2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate Resolution would be:

That the election of the Deputy Mayor for the period to September 2020 proceeds by way of (eg: open voting)

3. On completion of voting, the Returning Officer will declare the result (which will be recorded in the Minutes).

4. At this point a Motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate Motion would be:

That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending September 2020 be destroyed.

5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate Motion would be:

That the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW be advised of the result of the election of the Deputy Mayor for the period ending to September 2020.

Attachments

1 ⇩. Nomination paper for the position of Deputy Mayor 2019

2 ⇩. Ballot Papers Deputy Mayor Election 2019

Council 18 September 2019

Item 12.4

12.4. Appointment of a Code of Conduct Review Panel

Councils are required to appoint suitably qualified people/companies to a Panel for conducting Code of Conduct Reviews. The Canberra Region Joint Organisation has completed a tender process and appointed a suitably qualified Panel which can be adopted for use by Bega Valley Shire Council, as a member Council.

General Manager

Officer’s Recommendation

1. That Council adopt the Code of Conduct Review Panel established by the Canberra Region Joint Organisation (CRJO) to operate from 1 June 2019 to 30 June 2022,

2. That the following twelve (12) consultants/entities be appointed to the Bega Valley Shire Council’s Conduct Review Panel till 30 June 2022:

1. Echidna Associates

2. Meehan and Meehan

3. Applied Integrity Solutions

4. Train Reaction

5. Sinc Solutions

6. Centium

7. O'Connor Marsden

8. Aust Workplace Training

9. Weir Consulting

10. Mediate Today

11. Nemesis Consultancy Group

12. Redenbach Lee Lawyers

Executive Summary

Under the Office of Local Government Administration Procedures for the Model Code of Conduct (Administration Procedures), adopted by Bega Valley Shire Council on 12 June 2019, Council is required to appoint an independent Conduct Review Panel.

Background

The process is outlined in Part 3 of the Administration Procedures:

3.1 The council must by resolution establish a panel of conduct reviewers.

3.2 The council may by resolution enter into an arrangement with one or more other councils to share a panel of conduct reviewers including through a joint organisation or another regional body associated with the councils.

Council’s current Panel was adopted on 22 February 2017 in line with the decision of the pilot Joint Organisation (CBJRO) using a Panel determined by their predecessor Group, South East Region of Councils (SEROC).

The Canberra Region Joint Organisation (CRJO) completed a tender process, as outlined in the Administration Procedures, and adopted a Panel by Resolution on 24 May 2019. As outlined in Clause 3.2 of the Administration Procedures, as a member of the CRJO, Bega Valley Shire Council can resolve to adopt the same Panel.

The Resolution of the CRJO was:

1. That the CRJO establish a “CRJO Panel of Conduct Reviewers” to operate from 1 June 2019 to 30 June 2022

2. That the following 12 consultants/entities be appointed to the “CRJO Panel of Conduct Reviewers”

1. Echidna Associates

2. Meehan and Meehan

3. Applied Integrity Solutions

4. Train Reaction

5. Sinc Solutions

6. Centium

7. O'Connor Marsden

8. Aust Workplace Training

9. Weir Consulting

10. Mediate Today

11. Nemesis Consultancy Group

12. Redenbach lee Lawyers

3 That it be noted by member councils that to utilise the CRJO Panel, councils will need to resolve to establish its own panel of conduct reviewers as the “CRJO Panel of Conduct Reviewers”

Process

The Administrative Framework (Part 3 of the Procedures) requires that councils and joint organisations establish a Panel of Conduct Reviewers. Councils may enter into an arrangement with one or more Councils to share a panel of conduct reviewers, including through a joint organisation. Each Council that wishes to use the Canberra Region Joint Organisation (CRJO) panel then needs to determine this by way of their own resolution. This report seeks to meet this requirement.

The CRJO invited an Expressions of Interest (EOI) from eligible persons for appointment to a regional Panel of Conduct Reviewers, in accordance with the Administrative Framework of Procedures for Administration of the Model Code of Conduct for Local Councils in New South Wales 2018.

The EOI was advertised from the 5 April 2019 through eProcure (electronic tender site) and in the Local Government Tender Section of the Sydney Morning Herald on Tuesday 9 April 2019, Tuesday 16 April 2019, and Tuesday 30 April 2019.

The advertisement was also placed on the CRJO website and the websites of all member Councils.

All ten (10) member Councils (Bega Valley Shire Council, Eurobodalla Shire Council, Goulburn Mulwaree Council, Hilltops Council, Queanbeyan-Palerang Regional Council, Upper Lachlan Shire Council, Snowy Monaro Regional Council, Snowy Valleys Council, Wingecarribee Shire Council, Yass Valley Council) participated in the process by advertising the EOI on their websites. The Office of Local Government confirmed that placing of the EOI on the Council websites met the requirement of clause 3.4 of the Administrative Framework to advertise ‘locally’.

There were 27 submissions received and an evaluation panel was established comprising the General Manager of Snowy Valleys Council, the General Manager of Bega Valley Shire Council and the General Manager of Snowy Monaro Regional Council.

The evaluation team provided a confidential report to the General Manager’s group of the CRJO recommending that 20 consultants/entities, of the 27 submissions received, be included on the CRJO Panel of Conduct Reviewers. This recommendation of the panel was endorsed and reported to the CRJO Board.

The evaluation report is attached for the information of Councillors. Seven of the tenderers were not recommended to be included on the CRJO Panel of Conduct Reviewers as they had limited capacity and experience and were deemed to represent an unacceptable risk in the quality of service that would be expected to be delivered.

The CRJO Board reduced the number of final Panel members to 12 based on a financial cost point assessment by resolution.

Options

1. Bega Valley Shire Council can resolve to adopt the CRJO recommended Conduct Review Panel.

2. Bega Valley Shire Council may also amend the reviewers on the panel and extend the list from the tenders received.

3. Bega Valley Shire Council can resolve to run its own tender process as outlined in the Administration Procedures. This is not recommended as a key driver for Joint Organisations is reducing costs and duplication of process for member Councils which has been achieved in this instance. Considerable costs are involved in running the tender process, and it is likely the conduct reviewers who tendered to the CRJO would also apply for consideration to any process run by BVSC.

Financial and resource considerations

A budget allocation is set aside each financial year for review of any Code of Conduct matter. Council adopted its 2019/20 Budget on 26 June 2019.

*Funding source*		Amount
Code of Conduct Investigation	$	30,000

Legal /Policy

Under the Local Government Act 1993, Council is obliged to comply with the Office of Local Government Administration Procedures for the Model Code of Conduct and to seek legal advice, if necessary, on referral of matters to a Conduct Reviewer.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

Failure to ensure compliance with the Model Code of Conduct and the Administration Procedures for the Model Code of Conduct in NSW, would result in a reputational risk and failure to comply with Council’s Community Strategic Plan:

Goal 11: We are an informed and engaged community, with a transparent, consultative and responsive Council.

Confidential Information

Local Government Act

The confidential attachment to this report is 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(c) stating:

part 2(c) stating:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

· 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,

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 Panel appointment 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.

Attachments

1 . CRJO panel of conduct reviewers confidential report(Councillor Only) (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 18 September 2019

Item 17.2

17.2. Gravedigging tender - Request for report

Response to Cr Bain’s Question on Notice at the Council meeting of 28 August 2019.

Director Assets and Operations

Gravedigging tender

At the 28 August 2019 Ordinary Council meeting Cr Bain asked a Question on Notice as follows:

My recollection was that Councillors were advised of the tender for grave digging and only one tender was received which was excessive.

Councillors rejected the tender and asked staff to negotiate. We were not advised of the outcome of the negotiation however, with the increase in fees and charges it appears there was no change from the tendered price.

As the tendered price was rejected by Councillors, what is the process when a tender is rejected and the staff are directed to negotiate?

Was there discussion about doing this job “in house” as has happened with the Civic Centre and the Sewerage Treatment Plants?

While I understand there is currently a review being undertaken by consultants on Cemeteries, Council has not had a briefing to date. Will this review have a forward strategy and when can Council expect to see the outcome of the review?

Is Council able to review the contract as an 8.5% increase per year on year it not appropriate or sustainable?

Background

BVSC operates 14 Cemeteries and on average undertakes 140 burials across the Shire each year. Due to the nature of the Shire’s cemeteries levels of service fluctuate with the need to have a responsive service seven days a week, 52 weeks a year including weekend and public holidays.

Grave excavation and related maintenance are an important, and essential, part of the operation of Cemeteries and the overall funeral process, enabling families to lay their loved ones to rest in a dignified manner.

The process of grave excavation is a specialised field that requires specific equipment, skills and a level of knowledge of the funeral industry with all activities required to adhere to the Work Health and Safety Act 2011 (WHS Act), the Cemeteries and Crematoria Act 2013 and the Public Health Regulation 2012 – Part 8 Disposal of Bodies.

Another important element to the provision of these services is the ability to relate and empathise with bereaved people. In some cases, the contractor will be required to liaise directly with family members on site.

Prior to 2005 graves were mainly excavated by hand using several local contractors including Robert Jennings and were organised by the funeral directors and cemetery committee members, convened under Section 355 of the Local Government Act.

Due to a near miss incident involving a contractor and a grave collapse, at Eden cemetery in 2004, a procedure was prepared by engineer Andrew Marshman & Associates for ‘BVSC Grave Preparation at Eden Historic Cemetery Policy’ and a greater focus on WH&S was applied across the cemetery assets, resulting in BVSC assuming responsibility for grave excavations.

It should be noted that due to the location of the Eden Cemetery, and its close proximity to the coastal foreshore, it has sandy soil requiring many of the graves to be fully shored and as such burials in Eden are generally more expensive to excavate.

In 2005 BVSC became responsible for all grave excavation across all cemeteries in the Shire and a contract was entered into with Robert Jennings Excavations Pty Ltd (RJE) for a period of five years to undertake grave digging services on behalf of BVSC. The contract was subsequently extended to 2017 with fees and charges increased on an annual basis in line with CPI.

In 2017 a review of the grave digging services was undertaken and a decision was made to re-tender out the Provision of Grave Excavation, Maintenance and Related Services.

At the time, consideration was given to undertaking this service in-house and it was determined that BVSC was unable to deliver this service as the Transport and Utilities Directorate's Works team was focusing on planned maintenance activities.

Another contributing factor was that due to the nature and requirements of the level of service required and its reactive nature, the provision of these services would be better suited to being delivered by an external contractor.

Services & Specification

In early 2017 a specification and tender documentation were prepared for the Provision of Grave Excavation, Maintenance and Related Services (RFT 79/17) based upon AS 4920 – 2003 form of contract.

The contract terms had a duration of three (3) years with two (2) options to extend for additional twelve (12) month periods based upon an agreed schedule of rates.

The services which formed part of the contract included the provision of services to all of BVSC 14 cemeteries – excavate and backfill graves, carry out interment of ashes, carry out exhumations, place memorial plaques, carry out cemetery maintenance works as required and provide customer service.

Adherence to all relevant legislation including but not limited to:

- WH&S Act and Regulations 2011

- Cemeteries & Crematoria Act 2013

- WorkCover NSW Excavation Code of Practice 2015

- WorkCover NSW Confined Spaces Code of Practice 2011

- Public Health Regulation 2012 – Part 8 Disposal of Bodies

The Contractor was also required to provide, including but not limited to: all plant; signage; shoring equipment; limestone/disinfectant; and safety covers to undertake the services required of the contract.

As part of the tender documents contractors were required to provide the following:

- Schedule of Rates

- Written Commitment to deliver the level of service required

- Work Health and Safety Structure

- Demonstrated experience in the specific field

- Confirmation of Locality and Area Serviced

- Recognition of Local Outcome

Tender Evaluation & Report

In accordance with the Local Government Act - RFT 79/17: Grave Excavation, Maintenance and Related Services was publicly advertised on Tuesday 12 September 2017.

Tenders closed on Wednesday 11 October 2017 and one (1) submission was received from Robert Jennings Excavations Pty Ltd (RJE).

Post Tender clarification was requested from RJE as the Tender Return contained a significant increase in the costs for the provision of the services and a response was provided on 6 November 2017.

A report was prepared for the Council meeting of the 29 November 2017. The report noted that the schedule of rates submitted by RJE would increase fees by around $150 - $500 per service from current fees and charges.

As cemeteries are funded through fees and charges these costs would then need to be passed onto the customer through an increase in fees and charges.

Several options were presented for Council consideration in the report:

1. Accept the tender and raise fees

2. Use in-house employees

3. Retender; or

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

The report concluded that whilst the only tenderer was RJE, the submission was strong and the contractor demonstrated the capability and knowledge required to deliver the services outlined in the tender documentation.

The Works team were approached on the costs and availability to carry out the services required and it was reconfirmed that this was not a viable option at the time due to staffing, equipment, and resource constraints.

Council subsequently resolved on the motion of Crs Allen and Seckold

1. That Robert Jennings Excavations Pty Ltd be acknowledged as the preferred tenderer for RFT 79/17 Grave Excavation, Maintenance and Related Services.

2. That no tender be accepted, and authority delegated to the General Manager to negotiate directly with the preferred tenderer to reduce service cost in line with current rates and community expectation.

Post Tender Negotiations

A timeline and details of the post tender negotiations is provided below in regard to the RFT 79/17 Grave Excavation, Maintenance and Related Service.:

Date	Description
06/11/2017	Letter from RJE to BVSC regarding post-tender clarifications and rationale for increase in fees over the 2005 contract (Confidential Attachment 1).
02/12/2017	Letter from BVSC to RJE advising of the Council resolution and that staff would commence negotiations regarding the schedule of rates for the services (Confidential Attachment 2).
09/01/2018	Letter received from RJE to BVSC with pricing adjustments for 2018/19 and 2019/20 as per services as discussed at post tender meeting (Confidential Attachment 3).
24/01/2018	Letter sent BVSC to RJE acknowledging revised fees and introduction of fee increases over 2 years, Fees & Charges are subject to being adopted by Council and advising proposal to continue with the current contract and pricing schedule up to 30/06/2018 (Confidential Attachment 4).
June –July 2018	Draft Contract prepared and various contract negotiations between RJE and BVSC regarding finalising details of contract documentation.
27/06/2018	Council adopted 2018/19 Fees and Charges including the cemeteries fees and charges.
21/08/2018	Letter sent by RJE to BVSC re-confirming commitment to provide a short notice 7 days a week 52 weeks a year service (Confidential Attachment 5).
07/09/2018	Letter sent BVSC to RJE advising the Council by resolution has adopted the 2018/19 Fees and Charges and BVSC have formally accepted a contract (Confidential Attachment 6). Contract Formally Executed (F17/333): · Contract Commencement 7 September 2018 · Contract Expiry 7 September 2021 · Schedule of Rates aligned w 18/19 Fees and Charges · Two Options to extend for additional 12 month periods
22/11/2018	Letter from RJE to BVSC confirming rates for 2019/20 (Confidential Attachment 7).
26/06/2019	Council adopted 2019/20 Fees and Charges including the cemeteries fees and charges.
20/07/2019	Letter from RJE to BVSC confirming rates for 2020/21 (Confidential Attachment 8).

Contract Fees & Charges

The fees and charges for the RFT 79/17 Grave Excavation Maintenance and Related Services for the duration of the three year contract are detailed below:

Item	Breakdown of Items	Rate 2018-19	Rate 2019-20	% *Increase*	Rate 2020-21	% *Increase*
1	Excavation – Grave Digging
1.1	Single depth grave	$1,755	$1,890	7.7%	$1,960	3.7%
1.2	Double depth grave	$1,885	$2,030	7.7%	$2,100	3.4%
1.3	Single depth grave fully shored	$2,820	$2,890	2.5%	$2,990	3.4%
1.4	Double depth Grave fully shored	$4,000	$4,320	8.0%	$4,470	3.4%
1.5	Oversize surcharge opening (greater than 720mm x 2100mm	$410	$420	2.5%	$420	0.0%
1.6	Re open shored grave	$1,755	$1,890	7.7%	$1,960	3.7%
1.7	Re open shored grave where further shoring is required	$2,820	$2,890	2.5%	$2,990	3.4%
2	Excavation – Grave digging (children)
2.1	Stillborn/infant burials up to 18 months old	Fee waived	Fee waived	n/a	Fee waived	n/a
2.2	Children’s graves 18 months – 8 Years old	$910	$980	7.7%	$980	0.0%
2.3	Child buried in a pocket of adult grave single depth up to 8 years old	$1,755	$1,890	7.7%	$1,960	3.7%
2.4	Child buried in a pocket in a double depth grave up to 8 years old	$1,885	$2,030	7.7%	$2,100	3.4%
3	Memorial plaques and ashes
3.1	Fixing of memorial plaque	$180	$185	2.8%	$190	2.7%
3.2	Internment of ashes	$300	$310	3.3%	$320	3.2%
4	Surcharges and Additional work
4.1	Weekend/public holiday grave digging	$670	$685	2.2%	$710	3.6%
4.2	Weekend/public holiday ash internments	$340	$350	2.9%	$360	2.8%
4.3	Additional works (plant hire) & plot checking	$115	$118	2.6%	$122	3.4%

There was a larger percentage increase in the fees and charges that occurred from the 2018/19 to the 2019/20 year however this was in line with the post tender negotiations and clarification provided by RJE.

The percentage increase for 2020/21 fees and charges; range from 0% to 3.7%. These increases are more in line with historical increases through CPI for the cemeteries fees and charges.

Adopted Fees & Charges Review

A review of the historical, adopted Council fees and charges has been undertaken below.

For ease of clarification the table only shows the single & double depth grave excavations and single and double depth fully shored excavations frees from 2008/09 to 2017/18 which make up the majority of the grave excavation services undertaken in the Shire

The fees in general increased year on year by CPI adjustment.

Item	2008-09	2009-10	2010-11	2011-12	2012-13	2013-14	2014-15	2015-16	2016-17	2017-18
Single Depth Grave	$798	$828	$993	$1,126	$1,200	$1,250	$1,345	$1,460	$1,530	$1,600
Double Depth Grave	$874	$906	$1,087	$1,233	$1,310	$1,360	$1,445	$1,560	$1,630	$1,700
Single Depth Shored	$1,395	$1,447	$1,736	$1,736	$2,095	$2,165	$965	$975	$1,020	$1,060
Double Depth Shored	$2,250	$2,333	$2,800	$2,800	$3,380	$3,495	$2,250	$2,270	$2,370	$2,400

The following fees and charges are based upon the current contract rates with RJE with a CPI increase (with some rounding) added onto the contract rates which are used to cover Council internal costs for the operation, maintenance and management of the cemeteries and assist in maintaining the current levels of cemetery reserves.

Item	2018-19	2019-20 (current)	2020-21 (proposed)
Single Depth Grave	$1,800	$1,955	$2,010
Double Depth Grave	$1,930	$2,100	$2,155
Single Depth Shored	$2,890	$2,990	$3,070
Double Depth Shored	$4,200	$4,470	$4585

Review on Provision of Grave Excavation Service Internally

A high level review of undertaking the Grave Excavation Service in-house has been undertaken based upon providing the same level of service as provided by the current external contractor:

Assumptions:

Average Burials per year in the BVSC approximately 140 (based on historical data)

Estimated External Contractor Costs:

Cemeteries	Estimated Burials per Year	2019/20 Contract Rates	Estimated Cost
Eden (all Shored)	25	$2,990	$74,750
Bega	40	$1,955	$78,200
Bermagui	16	$1,955	$31,280
Pambula	30	$1,955	$58,650
Cobargo	5	$1,955	$9,775
Others*	24*	$2,100*	$50,400
Total	140		$303,055

*Assumption balance of burials could be a variety services therefore rate assumed as double depth grave

Projected Contractor costs for Grave Excavation Maintenance and Related Services $305,000 per year

Council Internal Service Provision:

An estimate has been undertaken for internal provision of cemetery services with assumptions that two employs plus a casual employee would be required including potential weekend penalty rates as well as provision of 3T zero swing excavator, 1.6T mini excavator, 10.4T GVM tipper truck, 4WD tray back ute tipper, minor plant and equipment.

Projected Internal Costs for Grave Excavation Maintenance and Related Services $385,000 per year

Conclusion

Council has a long, and successful history, of using external contractors to undertake the grave excavation service across its 14 cemeteries and prior to re-tendering these services Robert Jennings Excavations Pty Ltd had delivered this service to BVSC since 2005.

The tender results in 2017 demonstrated that there are only limited contractors in the market. Due to the geographical spread, specialised nature and the need to have a responsive service seven days a week, 52 weeks a year including weekend and public holidays it is not suited nor as economically viable for Council to deliver this service in-house in order to deliver the level of service expected by the Community.

The current contract, with Robert Jennings Excavations Pty Ltd, resulted in a large percentage increase in 2019/20 relative to the previous year’s fees and charges with the percentage rate increase in 2020/21 dropping back to be closer to the historical levels in line with CPI increases.

The current contract expires on the 7 September 2021, with an option of two further 12 months extension periods. Should Council consider that the fees and charges are unsustainable, or believe better value could be obtained there is an option for Council to re-tender for these services.

Council staff are currently undertaking a full review of all Cemetery operations and will be preparing a Strategic Plan, in which the provision of the Grave Excavation Maintenance and Related Services will be a key component.

Confidential Information

Local Government Act

The confidential attachment to this report is 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,

Attachments

1. Attachment 1 - 06.11.2017 Robert Jennings RFT 79/17 Grave Excavation, Maintenance and Related Services (Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

2 . Attachment 2 - 02.12.2017 Letter from General Manager to Robert Jennings RFT 79/17 Grave Excavation, Maintenance and Related Services(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

3. Attachment 3 - 09.01.2018 Letter from Robert Jennings with price adjustments for 2018-19 and 2019-20(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

4 . Attachment 4 - 24.10.2018 Letter from General Manager to Robert Jennings RFT 79/17 Grave Excavation, Maintenance and Related Services(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

5 . Attachment 5 - 21.08.2018 Robert Jennings RFT 79/17 Commitment confirming availability at short notice.(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

6 . Attachment 6 - 07.09.2018 Letter from General Manager to Robert Jennings RFT 79/17 contract offer(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

7 . Attachment 7 - 22.11.2018 Robert Jennings confirming rates for 2019- 20(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

8 . Attachment 8 - 20.07.2019 Robert Jennings confirmation of rates for 2020-21(Councillor Only) (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 as per Section 10A(2)(d) of the Local Government Act 1993.

Funding source		Amount
Ranger Services	$	550.00

Council	18 September 2019
*Item 9.1 - Attachment 1*	Draft Memorandum of Understanding with Animal Welfare League

Council	18 September 2019
*Item 9.2 - Attachment 1*	Draft Community Engagement Strategy

Council	18 September 2019
*Item 10.1 - Attachment 1*	Sapphire Coast Report on Tourism 2018-19

Council	18 September 2019
*Item 10.1 - Attachment 2*	Final Tourism Activity Plan 2019-20

Council	18 September 2019
*Item 11.1 - Attachment 1*	Pre Concept Design North Bega Sewer Phase Two

Council	18 September 2019
*Item 11.1 - Attachment 2*	North Bega On-site Sewage Management Report

Council	18 September 2019
*Item 11.3 - Attachment 1*	Tura Head (The Point) Dolphin Cove Site Management Plan Areas

Council	18 September 2019
*Item 11.3 - Attachment 2*	Summary North Tura Site Meeting The Point 8 July 2019

Council	18 September 2019
*Item 11.3 - Attachment 3*	Summary North Tura Site Meeting Dolphin Cove 16 July 2019

Council	18 September 2019
*Item 12.1 - Attachment 1*	Gift register 1 September 2018 to 31 August 2019

Council	18 September 2019
*Item 12.3 - Attachment 1*	Nomination paper for the position of Deputy Mayor 2019

Council	18 September 2019
*Item 12.3 - Attachment 2*	Ballot Papers Deputy Mayor Election 2019

Table 1: Investments by Fund $’000
Fund	May 2019	June 2019	July 2019
General Fund	$25,036	$23,182	$22,515
Water Fund	$19,470	$20,409	$20,135
Sewer Fund	$37,299	$36,869	$37,015
TOTAL	$81,805	$80,460	$79,665

Council	18 September 2019
*Item 13.1 - Attachment 1*	Certificate of Investment Cash Fund

Council	18 September 2019
*Item 13.1 - Attachment 2*	Certificate of Investment Strategic Fund

Council	18 September 2019
*Item 13.2 - Attachment 1*	Certificate of Investment - Strategic Cash Fund August

Council	18 September 2019
*Item 13.2 - Attachment 2*	Certificate of Investment Cash Fund August 2019

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Confidential Business

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

Statement of Re-Commencement of Live Streaming

19 Noting of Resolutions from Closed Session

20 Declassification of reports considered previously in Closed Session

Council

18 September 2019

Staff Reports –Planning And Environment

18 September 2019

8.1. Re-establishment of Eden Alcohol Free Zone

Officer’s Recommendation

Attachments

Staff Reports – Community, Culture and Leisure

18 September 2019

Council

18 September 2019

Staff Reports – Economic Develoment and Business Growth

18 September 2019

Council

18 September 2019

Staff Reports – Infrastructure Waste And Water

18 September 2019

Council

18 September 2019

Staff Reports – Governance And Strategy

18 September 2019

Staff Reports – Finance

18 September 2019

Confidential Business

Adjournment Into Closed Session

Recommendation