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Ordinary Meeting Notice and Agenda An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 12 November 2014 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda. 5 November 2014
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The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website. A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.
The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for his presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· 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?
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 and Department 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.
· 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.
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?
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.
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Contact |
Phone |
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Website |
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Bega Valley Shire Council |
(02) 6499 2222 |
council@begavalley.nsw.gov.au |
www.begavalley.nsw.gov.au |
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ICAC |
8281 5999 Toll Free 1800 463 909 |
icac@icac.nsw.gov.au |
www.icac.nsw.gov.au |
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Office of Local Government |
(02) 4428 4100 |
olg@olg.nsw.gov.au |
http://www.olg.nsw.gov.au/ |
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NSW Ombudsman |
(02) 8286 1000 Toll Free 1800 451 524 |
nswombo@ombo.nsw.gov.au |
TO: The
General Manager
Bega Valley Shire Council
In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Office of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:
Ordinary meeting held on _____ / _____ / 20___
dd mm yy
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Item no & subject |
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Interest (tick one) |
Pecuniary interest Non-pecuniary conflict of interest |
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* Nature of interest |
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If Non-pecuniary (tick one) |
Disclose & vote Disclose & not vote Leave chamber |
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Signed |
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Print Name |
Councillor |
* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (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.
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Council |
12 November 2014 |
I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.
Recommendation
That the Minutes of the Ordinary Meeting held on 22 October 2014 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.
That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Ftizpatrick.
Nil Reports
In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Cr Tapscott.
9.1 Application for Packaged Liquor Licence in Bermagui: Community Impact Statement.... 10
9.2 Future of the Bega Women's Refuge........................................................................................ 133
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr McBain.
10.1 Tourism Future 14 - Tourism Industry Summit........................................................................ 136
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Taylor.
11.1 Wonboyn Boat Ramp and Jetty Reconstruction Project: RFT 44/14................................... 142
11.2 Bega Valley Sewerage Program - Sale of Tenix Holdings Australia Pty Ltd to Downer EDI Engineering Power Pty Ltd......................................................................................................................................... 145
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Mawhinney
12.1 Review of the Internal Audit Charter........................................................................................ 148
12.2 Southern Phone Company Pty Ltd - Grants Scheme.............................................................. 160
12.3 Pecuniary Interest Returns - 1 July 2013 to 30 June 2014................................................... 175
12.4 2015 Citizen of the Year and Young Citizen of the Year Awards........................................ 178 .
In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Cr Hughes
13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 181
13.2 Bermagui Surf Life Saving Club - request for reduction in loan repayments..................... 186
13.3 Southern Phone Company Pty Ltd - Dividend 2014............................................................. 190.
That all motions recorded in the Standing Committees, including votes for and against, and acknowledging declarations of interest already made, be adopted in by the Ordinary Council meeting.
17.1 Bega Women's Resource Centre - Support for "Save our Services"................................... 194
17.2 Support for women's refuges and essential domestic violence protection services....... 199
17.3 Packaged liquor licence application in Bermagui................................................................... 203
19.1 Popularly Elected Mayor - Question from Cr Liz Seckold...................................................... 205
19.2 Plastic Bags in the Shire - Question from Cr Keith Hughes.................................................... 211
19.3 Renew the Valley Model - Question from Cr Russell Fitzpatrick.......................................... 212
19.4 Establishment of a Tech Park - Question from Cr Kristy McBain.......................................... 214
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public......................... 215
22.1 Merimbula Land: Redevelopment Options
This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report 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.
Council |
12 November 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Tapscott.
9.1 Application for Packaged Liquor Licence in Bermagui: Community Impact Statement 10
9.2 Future of the Bega Women's Refuge................................................................ 133
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Council 12 November 2014 |
Item 9.1 |
Council has an opportunity to make a formal submission on the application for a packaged liquor licence in Bermagui.
Group Manager Community, Relations and Leisure
An application has been lodged with the Office of Liquor Gaming and Racing (OLGR) for a packaged liquor licence at 1-9 Young Street Bermagui; the entity to trade as BSW (Beer Wine and Spirit). A community impact statement has also been lodged with the application.
The community impact statement (CIS) was conducted on behalf of the applicant by Back Schwarz and Vaughn Lawyers, in line with OLGR’s requirements for packaged liquor licence applications.
The CIS process requires the applicant to consult with a range of stakeholders including the local community, Police, Council, welfare agencies and schools during its preparation. It is also a requirement of the CIS process to consider the impacts, positive and negative, on the local community of the packaged liquor licence.
During the course of the CIS preparation process Council received correspondence from 32 members of the community objecting to the issuing of the liquor licence, these were passed on to the applicant and form part of the CIS. In addition correspondence was received from health professionals and other organisations in the community expressing their concerns about an additional liquor outlet in Bermagui.
The liquor licence application and CIS have now been posted on the website of the Office of Liquor Gaming and Racing and public submissions are sought. Council, and the community, have the opportunity to make on-line submissions by 27 November 2014. The CIS is attached.
The granting of additional liquor licences will have an impact on any community; the extent of that impact is determined by a number of factors including the socio-economic profile of the community, the prevalence of other liquor outlets, the number of at risk groups in the area, alcohol related crime statistics and other social/community factors specific to the area.
Council now have the opportunity to make a submission on behalf of the community. Key draft points will be circulated for Councillor consideration and inclusion in a Council submission.
1. Community Impact Statement - packaged liquor licence application Bermagui
RecommendationThat Council determine the key points to be included in its submission on the community impact statement and the application for the packaged liquor licence in Bermagui. |
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Council |
12 November 2014 |
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Item 9.1 - Attachment 1 |
Community Impact Statement - packaged liquor licence application Bermagui |
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Item 9.2 |
9.2. Future of the Bega Women's Refuge
Concern has been raised about the future of the Bega Women’s Refuge. This report provides background for Councillors to consider in relation to two current Notices of Motion.
Group Manager Community, Relations and Leisure
Background
The Bega Women’s refuge has been operating in the Bega Valley for the past 30 years. The refuge has provided a safe and supported environment for women and children escaping domestic and family violence. The refuge is a vital community asset that was established through many years of advocacy by local women.
Domestic and family violence in rural and remote areas is often more life threatening, less likely to be detected or prosecuted and more difficult to escape or end. The causes of domestic violence are complex and there are a range of factors involved, including social, psychological and economical.
The consequences for the victims, including children witnessing violence, are also complex and wide-ranging. It can have a negative impact on the victim’s psychological, emotional and physical health. Homelessness as a result of domestic violence is a problem for many women and their children; it also seriously affects older women in the community.
In rural areas, women and children escaping domestic and family violence face increased vulnerability. This can be due to isolation, a shortage of legal or support services and a lack of housing options.
The provision of a safe environment for women and children fleeing domestic violence is only one aspect of the service that a women’s refuge provides. Critically it is the supports provided around that crisis accommodation, by staff trained in the field of domestic violence that is essential for the people accessing the service.
As part of the NSW Government’s ‘Going Home Staying Home’ reforms, a change of auspice has occurred for the Bega Women’s Refuge and this has resulted in an interruption of services at the refuge and there has been some confusion in the community, and with referral agencies, regarding the ongoing operation of the refuge. There have been some issues locally during the transition process to the new auspice with regard to women and children receiving appropriate supports, previously provided through the refuge.
The NSW Ombudsman is currently providing independent oversight to an advisory group that will examine key aspects of the ‘Going Home Staying Home’ reforms and how it has been designed and implemented to date.
Conclusion
A functioning refuge and associated referral services are critical to the ongoing wellbeing of our community as a whole and the safety of women and children in our Shire and in the surrounding region specifically. The key outcome is not which agency operates the service but that the service itself continues to operate, at the appropriate levels of service, for the community of the Bega Valley Shire.
Further background information will be circulated for the consideration of Councillors from Mission Australia, the Local Member The Hon Andrew Constance MP and other agencies when received.
Attachments
Nil
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That Council note the information provided and use this information to inform their decisions relating to two Notices of Motion listed later in the business paper.
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Council |
12 November 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr McBain.
10.1 Tourism Future 14 - Tourism Industry Summit................................................. 136
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Council 12 November 2014 |
Item 10.1 |
10.1. Tourism Future 14 - Tourism Industry Summit
The inaugural Tourism
Future 14 Tourism Industry Summit was held on
8 and 9 October 2014 in conjunction with Sapphire Coast Tourism Ltd and Bega
Valley Shire Council.
General Manager
Background
Representatives of Council, Sapphire Coast Tourism, Combined Chamber of Commerce and National Parks met late in 2013 to discuss organising a 2 day seminar under the heading “Exploring Growth Opportunities in Tourism on the Sapphire Coast”. The aim of the seminar was to look at several key areas of tourism including:
· Future infrastructure requirements to allow for growth
· Creating a network of industry partners
· Identifying priority projects which can be perused by stakeholders and industry operators
· Developing a budget and structure to meet growth requirements for submission with grant applications for tourism initiatives
The main objective for the seminar was to bring industry people together to enhance connections and to work together to build a stronger future for tourism and economic development in our region.
The result of these discussions was the delivery of the Tourism Future 14 summit which was held on 8 and 9 October 2014.
The summit opened with a networking dinner where speakers were introduced to the sold out 150 person audience at Oakland’s Event Centre, Pambula. Day two saw 140 guests including stakeholders from Eurobodalla, Bombala, Victoria, Cooma and the Snowy Mountains take one of the great coastal drives in NSW to the Four Winds Festival site at Barragga Bay. The recently completed Windsong Pavillion showcased a world-class performance centre with the Soundshell Pavilion and amphitheatre a stunning backdrop.
The networking dinner played host to the following keynote speakers:
· Leigh Sorensen, Industry Relations, Tourism Australia
· Sarah Budd, Product Manager, Carnival Australia
· Noel McCann, Planning Director, Canberra Airport
· Johnathan Kobus, Deputy Director VisitCanberra
· Carolyn Childs, Mytravelresearch
· Stephanie Summers, Destination NSW
· Tyler Woods, Bob Wood Cruise Group
Tourism Future Insights discussion topics were:
· Brand Focus – Bruce Leaver, Chair Sapphire Coast Tourism
· NSW National Parks & Wildlife Service – Danielle Millar and Charlotte McManus
· Eden Breakwater Wharf Extension Project – Megan Cleary, NSW Trade and Investment Crown Lands
· Regional Airport and Heritage Centre Project – Lucas Scarpin, Bega Valley Shire Council
· Destination NSW, Stephanie Summers
· Bundian Way Project – Noel Whittem
Delivering a nature based experience discussion:
· Dana Ronan – Walks by Bothfeet
Key speakers delivered the following topics at the summit on Thursday 9 October:
Leigh Sorensen, Industry Relations, Tourism Australia:
· Nature is No.1 globally
· Social Media, You and TA
· Signature products, their criteria and why we want to market the Best of Australia to the world
Sarah Budd, Product Manager, Carnival Australia
· The cruise market – insights, innovation and Eden
Noel McCann, Planning Director, Canberra Airport:
· Update in international flights and opportunities for the region to leverage
Johnathan Kobus, Deputy Director VisitCanberra:
· How the Sapphire Coast and region fits the experience offering for Canberra and opportunities to work together
Carolyn Childs, Mytravelresearch:
· Connections between air transport and the visitor economy trends in nature based tourism and the cruise sector
The summit was a success when measured by attendance, potential outcomes and the feedback from the attendees has been extremely positive. Cruise Eden has been approached by a number of local operators interested in delivering new cruise products.
Through this experience, Council has further evidence that a strong economic and business growth strategy, that includes tourism opportunities can offer long term direction to the local economy and local operators in the short, mid, and long term.
It is proposed that a tourism related summit be included as an action in Council’s operational plan every second year, each summit will be focused on connections for a key area of tourism. In the alternate year, it is proposed to deliver a summit which will be focused on economic development opportunities. The first economic development summit to be held in late 2015 will focus on freight corridors. This will include opportunities for land, sea and air freight for the region. Council will look to involve the full supply chain being, producers/growers, distributors and end market sellers (local, regional, interstate, & international). Further detail will be provided on this proposal in consideration of Council’s future planning.
Issues
Strategic
Council conducted a community satisfaction survey in 2012 which identified what the community considered as priority areas for the future of our Shire. One of those priority areas was the promotion of tourism and branding.
The Community Strategic Plan identified tourism as a priority under Council’s Enterprising Place theme:
“Our tourism business opportunities are enhanced, and reflect the values of the community and natural environment.”
The Tourism Future14 Summit provided Council the opportunity to meet the identified priorities of our community to promote tourism and branding of the Bega Valley
Financial
Bega Valley Shire Council agreed to assist financially with the event. Eurobodalla Council provided sponsorship funding of $5,500.00. An external event management company, TRC Tourism, was engaged to provide event management services. The summit generated revenue via registration fees for the networking dinner and summit registration fees of a total of $15,200.00.
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Funding source |
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Amount |
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Economic Development and Tourism Budget |
$ |
$32,000 |
Resources (including staff)
Sapphire Coast Tourism was the key driver of the organisation and promotion of the summit. Sapphire Coast Tourism engaged the services of TRC to provide professional event management services alongside the extensive work of SCT staff. Council employees including Simone Bayley, Rebecca Bogie, Jeff Donne and Bob McAlister provided key support prior and during the summit program delivery.
Conclusion
Tourism Future 14 Tourism Industry Summit was a resounding success for our region and Council is looking forward to delivering future programs which assist in the growth of our region.
Attachments
Nil
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That Council note the report. |
Council |
12 November 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Taylor.
11.1 Wonboyn Boat Ramp and Jetty Reconstruction Project: RFT 44/14................. 142
11.2 Bega Valley Sewerage Program - Sale of Tenix Holdings Australia Pty Ltd to Downer EDI Engineering Power Pty Ltd................................................................................ 145
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Council 12 November 2014 |
Item 11.1 |
11.1. Wonboyn Boat Ramp and Jetty Reconstruction Project: RFT 44/14
This report details the outcomes of evaluation of RFT 44/14 for the Wonboyn Boat Ramp and Jetty Reconstruction Project and recommends award to the preferred tenderer.
Group Manager Transport and Utilities
Background
In January 2014 Bega Valley Shire Council entered into a funding agreement with NSW Transport - Roads and Maritime Services to reconstruct the Wonboyn Lake boat ramp and jetty under the Better Boating Program.
Survey, engineering / environmental assessment and design development have been completed and all necessary approvals obtained. Stakeholder consultation was undertaken throughout this process.
The tender was publically advertised on 30 September 2014 in the Sydney Morning Herald, local newspapers, the Council website and Tenderlink (e-tendering). The tender closed on 22 October 2014.
Tender documents were downloaded by 27 companies, and 2 tender submissions were received from:
· GPM Constructions Pty Ltd
· Mayo Marine Services Pty Ltd
The tender submissions were assessed against the following evaluation criteria:
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Non-Price Criteria |
Weighting |
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Past Projects & Referees |
30% |
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Company, Personnel & Sub-Contractors |
5% |
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Local Community Benefit |
5% |
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Programme |
5% |
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Capacity / Current Workload |
5% |
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Financials |
Compliant / Non-Compliant |
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Quality Assurance |
Compliant / Non-Compliant |
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WH&S |
Compliant / Non-Compliant |
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Environmental |
Compliant / Non-Compliant |
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Total: |
50% |
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Price Criteria |
Weighting |
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Lump Sum |
45% |
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Price Breakdown |
5% |
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Total: |
50% |
Legal
The project was reviewed by BVSC Planning under the Infrastructure SEPP and approved on 22 September 2014.
The tender process complied with the Local Government Act 1993.
Environmental
A Review of Environmental Factors for the Project was completed in July 2014, and formed the basis of the BVSC Planning Branch approval under the Infrastructure SEPP.
The NSW Department of Primary Industries (Fisheries) issued Permit PN14/219 dated 14 July 2014 for the Project.
The construction contractor will be required to produce a project specific Environmental Management Plan (EMP) for the Project.
Asset
Lot 44 / DP 599749, foreshore of Myrtle Cove, Wonboyn Lake, is Council Managed Crown Land under a Licence Agreement. Details of the project have been provided to Crown Lands so that the licence can be updated on completion of the works.
Strategic
The Wonboyn Boat Ramp and Jetty Reconstruction Project was identified as a priority project in the BVSC Maritime Infrastructure Plan (February 2014) and the NSW Transport for NSW Regional Boating Plan – Far South Coast Region (Draft September 2014).
Financial
The funding for this project (excl GST) is as follows:
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Funding source |
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Amount |
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Better Boating Program Grant |
$ |
245,000 |
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BVSC |
$ |
245,000 |
Conclusion
The Wonboyn Boat Ramp and Jetty Reconstruction Project will replace an inadequate and below standard facility, as identified in the BVSC Maritime Infrastructure Plan, with a new single lane boat ramp, pontoon jetty and upgraded launching area and car parking facilities, that will significantly benefit the Wonboyn community, visitors and tourists.
Attachments
1. RFT 44/14 tender evaluation (Confidential)
2. RFT 44/14 tender evaluation Wonboyn Boat Ramp (Confidential)
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1. Council accept the recommendations as outlined in the confidential attachment. 2. That Council accept the tender from (insert) in relation to contract for the works described in Tender 44/14, in the amount of $(insert) (excluding GST), subject to variations, provisional sums and prime cost items. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That the other tenderers be advised of Council’s decision. |
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Council 12 November 2014 |
Item 11.2 |
11.2. Bega Valley Sewerage Program - Sale of Tenix Holdings Australia Pty Ltd to Downer EDI Engineering Power Pty Ltd
Council has received notice of the sale of Tenix to Downer EDI Engineering Power. This Report is prepared to advise Council, and seeks approval for the transfer of Bega Valley Sewerage Programme.
Group Manager Transport and Utilities
Background
Council owns ten sewage treatment plants that are operated under contract to Tenix Australia Pty Ltd (Tenix). On 20 October 2014 Council was advised by Tenix, that the company had been sold to Downer EDI Engineering Power Pty Ltd. Tenix have requested that BVSC consent to a transfer in accordance with Clauses 54.1 and 54.4 of contract deed, which allows for “Assignment by the Contractor” and “Change of Control” with prior written consent.
In their letter of 20 October 2014, Tenix have requested BVSC written consent to the proposed change. A copy of the letter will be prepared under separate cover.
Legal
The proposal has been reviewed by BVSC legal Counsel. A copy of the legal advice will be made similarly under separate cover.
Consultation
Council was formally advised of the proposed sale on 20 October 2014.
Resources (including staff)
Nil staff resourcing implications. A small amount of legal advice was sought in drafting this report.
Operational Plan
The contract for operation of Council sewerage treatment plants continues to support Operational Plan objectives.
Conclusion
The contract between Tenix and BVSC allows for “Assignment by the Contractor” and “Change of Control” with prior written consent. In their letter of 20 October 2014, Tenix requested BVSC written consent to the proposed change. A response to the proposal should be considered by Councillors taking account of the legal advice.
Attachments
Nil
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1. That Council formally advise Tenix Australia Pty Ltd that it consents to the “change of control” as per Section 54 of the contract deed. |
Council |
12 November 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Mawhinney.
12.1 Review of the Internal Audit Charter................................................................ 148
12.2 Southern Phone Company Pty Ltd - Grants Scheme......................................... 160
12.3 Pecuniary Interest Returns - 1 July 2013 to 30 June 2014................................ 175
12.4 2015 Citizen of the Year and Young Citizen of the Year Awards...................... 178
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Council 12 November 2014 |
Item 12.1 |
12.1. Review of the Internal Audit Charter
The purpose of this Internal Audit Report is to summarise the recent review of the Internal Audit Committee’s functions and the envisioned timetable for the appointment of two new Internal Audit Committee Independent Representatives.
Group Manager Strategy and Business Services
Background
Review of Internal Audit Committee Charter
As recommended by the Office of Local Government Internal Audit Guidelines, the review updated the Internal Audit Committee Charter, independent member participation and appointment.
Issues
Notable changes to the Internal Audit Committee Charter are as follows:
Selection criteria
The proposed selection criteria and process for the appointment of the independent external members is as follows:
· Council shall seek nominations from persons interested in being appointed to the available position/s. All nominees who satisfy the conditions of the Charter shall be eligible for appointment.
· Eligible nominees will be interviewed by members of the Mayor, the Chair of the Governance Committee, the General Manager and a representative of the Leadership Executive Group, who shall make recommendations to Council.
· Following receipt of recommendations from the panel, Council may appoint the independent external member by making a direct appointment based on merit.
Selection of the Chairperson
An independent member of the Committee will be appointed by Council as the Chairperson of the Committee. The Panel will take account the qualifications and leadership and communication skills of nominees.
Consideration should also be given to the nominee’s level and breadth of senior business, management, finance and accounting and/or audit experience and qualification; level of Government familiarity in relation to Government operations, financial reporting and auditing requirements, risk management and corporate governance; and previous Audit Committee experience.
Length of term for independent representatives
The independent external members will be appointed for the term of four (4) years, ceasing at the end of the Financial Year following the end of term of the Council. The independent external members will be eligible for extension or re-appointment following a formal review of their performance.
Membership will be rotated on a staggered basis to facilitate the periodic input of new ideas, while retaining some degree of continuity via a core of experience on an agreed regular rotation.
The maximum number of terms an independent external member can sit on the Committee is two (2) terms.
If a member's performance as a Committee member is determined to be unacceptable or if their conduct (including conflicts of interest) is unacceptable, their appointment may be terminated by Council.
New independent member appointments
Upon the revised Charter being adopted by Council intentions are to seek expressions of interest for the two independent external member’s positions. The positions will be advertised, in the local newspaper and on Council’s website, following the Quarterly Internal Audit Committee meeting on the 27th November 2014.
It is envisioned that eligible nominees will be interviewed by members of the Panel in January, with recommendations to be made to Council at the 04th February Council meeting.
Upon the appointment of the independent external members the newly formed Committee will receive induction materials and educational opportunities to familiarise themselves with Council's environment and to facilitate their understanding of Council's operations and activities, corporate practices and culture. This includes providing them with copies of Council’s Annual Reports, Council's Strategic Plans and Internal Audit Plans for the past three years.
It should be noted that current members of the Committee will be able to re-apply for the positions.
Conclusion
As recommended by the Office of Local Government Internal Audit Guidelines, should appropriate persons not be identified for the independent external member’s positions the Internal Audit Coordinator will report audit findings directly to the General Manager to ensure that the internal audit function is able to fulfil its responsibilities independently and objectively.
Attachments
1. Bega Valley Shire Council - Internal Audit Charter
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That Council approves the revised Internal Audit Committee Charter and notes the intention to seek expressions of interest for the two independent external member’s positions. |
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Council |
12 November 2014 |
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Item 12.1 - Attachment 1 |
Bega Valley Shire Council - Internal Audit Charter |
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Item 12.2 |
12.2. Southern Phone Company Pty Ltd - Grants Scheme
Applications are now open for the 2014 Southern Phone Grants Scheme.
General Manager
Background
Southern Phone Company Ltd is a public company owned by 41 Local Councils, one of which is Bega Valley Shire Council.
The company has implemented a new initiative in 2014 – The Southern Phone Grants Scheme.
The scheme aims to provide up to $25,000.00 to fund community-based projects within the local Council area.
The objective of the scheme is to extend Southern Phone’s support to community groups and projects which would otherwise not receive adequate or any funding by Council.
These include provision of funding for projects which:
a. Provide a direct benefit to the community within the Council area
b. Would not usually be funded by Council in its normal course of business
Funds may only be used to provide a physical asset or service to the local community within Council’s local government area.
Funding will only be available to legally constituted, not-for-profit, non-political and non-advocacy community groups or organisations.
Bega Valley Shire Council’s Mayor has been provided with the opportunity to access this new Grant, and is able to designate a Grant Administrator (usually an individual or group associated with Council).
Applications close on 28 November 2014, with grants which are approved being announced on 19 December 2014.
The grants must be expended between January and June 2015, with the final acquittal occurring in June 2015.
Due to the very short timeframe with this program an interim approach is recommended for 2014, the first year of the program.
Issues
Economic
Southern Phone has advised that the provision of the grants is in line with their ongoing commitment to develop thriving regional communities. The funding for this program does not impact any other Southern Phones program.
Council support and welcome the initiative as it aligns with the Community Strategic Plan and Road Map.
Council also receive an annual dividend which is separately reported to Council.
Financial
Approved Southern Phone Grants will be distributed to community groups via the local Council’s Mayor. It is proposed that applications for funding through this program be called for by the Mayor immediately with the closing date being 21 November and that the Mayor consults Councillors prior to the lodging of the application on 28 November 2014.
The grant is capped at $25,000.00
The process which would be followed if the Mayor is successful in obtaining the grant is as follows:
1. Funds will be provided to the Mayor as trustee
2. Funds will be provided to a bank account operated by Council
3. Funds will be distributed according to the original grant application
4. Each recipient will sign to acknowledge receipt of the funds and their purpose
5. Acquittal report completed and provided to Southern Phone
|
Funding source |
|
Amount |
|
2014 Southern Phone Grant Scheme |
$ |
25,000.00 |
Conclusion
Council recognise the importance of community-based events and projects in the Bega Valley Shire.
Whilst Council are proactive in providing support to these organisations in various ways, there are limitations as to how and when funds can be afforded to these groups.
The Southern Phone Grants Scheme is a valuable and effective way for Council to continue to support local community organisations by facilitating the application and provision of funds on behalf of the Mayor.
Attachments
1. Southern Phone Grants Scheme Information Kit
|
1. That Council note the Southern Phone Grants Program Information Kit and Guidelines (as attached) 2. That applications for funding are advertised immediately via the Mayor, and that Council apply for the Southern Phone Grants Scheme with projects determined by the Mayor and Councillors. 3. That for 2014 the Mayor appoint the Executive Assistants as the Grant Administrator 5. That acquittals are provided back to Southern Phone in the required timeframe |
|
Item 12.3 |
12.3. Pecuniary Interest Returns - 1 July 2013 to 30 June 2014
Report to confirm lodgement of Disclosure by Councillors and Designated Persons Returns (Pecuniary Interest Returns) for the period 1 July 2013 to 30 July 2014
General Manager
Background
Councillors and Designated People are required to complete Pecuniary Interest Returns under Section 449 of the Local Government Act 1993 (the Act). At its Extraordinary meeting held in each year a report is presented to Council identifying “Designated People” required to complete Pecuniary Interest Returns under the Act for the coming year.
Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. The register containing completed returns is tabled at each Council meeting.
The Act provides for investigation of complaints concerning non-disclosure, incomplete sections and penalties for breaches.
Issues
Legal
On 4 September 2013 Council resolved:
1. That Councillors note that they are required to lodge Pecuniary Interest Returns under Section 449 of the Local Government Act.
2. That members of the Independent Audit Committee and the officers of the Council listed in the report submitted on 4 September 2013 be “designated persons” under the provisions of the Local Government Act requiring them to submit a Pecuniary Interest Return.
The following table lists Officers of the Council who had (or their positions had) previously been “designated” by the Council as Officers required to submit a Pecuniary Interest Return in that report, or who were appointed to designated positions during the period:
|
Barnes, Leanne |
Jay, Lyn |
Quick, Robert |
|
Barter, Rhonda |
Jones, Jessica |
Raward, Ros |
|
Blacka, Annadale |
Jones, Peter |
Roberts, Richard |
|
Bogie, Rebecca |
Madigan, Danny |
Roberts, Richard |
|
Browne Toby |
Marshall, Rickee |
Sartori, Wayne |
|
Campbell, Sheralyn |
McAlister Bob |
Scarpin, Lucas |
|
Churchward, Nina |
McGregor, Carley |
Schweitzer, Simon |
|
Collins, Jim |
Miles, Peter |
Scroop, Ben |
|
Cowgill, Kylee |
Morey, Phillip |
Slade, Colin |
|
Cunningham, Richard |
Morrison, Andrew |
Slapp, Rob |
|
Dixon-Keay, Jamie |
Murphy, Daniel |
Smith, Theresa |
|
Donne, Jeff |
Murray, James |
Stewart, Andrew |
|
Flanagan, John |
Nepal, Pankaj |
Thompson, Terry |
|
Fowler, Mark |
Newton, Peter |
Thompson, Terry |
|
Franic, Michael |
O’Donnell, Greg |
Thomson, Sophie |
|
Griffin, Christine |
Osborn, Brett |
Tipping, Jeff |
|
Hampshire, Jill |
Parker, Darrell |
Tull, Keith |
|
Hancock, Cecily |
Powell, Bruce |
Van Bracht, Derek |
|
Harper, Glenn |
Preo, Michelle |
Williams, Graeme |
|
Hicks, Rodney |
Pyke, Jonathon |
Woodley, Andrew |
It was also agreed Internal Audit Committee Independent Representatives lodge forms:
· Mr Geoff Steel and
· Mr Terry Bunn
The following Councillors were also required to submit returns:
· Cr Tony Allen
· Cr Michael Britten
· Cr Russell Fitzpatrick
· Cr Keith Hughes
· Cr Anne Mawhinney
· Cr Kristy McBain
· Cr Liz Seckold
· Cr Sharon Tapscott
· Cr Bill Taylor
Forms for the period 1 July 2013 to 30 June 2014 were due to be lodged by 30 September 2014. All forms had been lodged with the following exceptions.
Name Reason
Ron Dale - Left the organisation
All Councillors and Officers required to submit Pecuniary Interest Returns, have completed and returned the forms for the period 1 July 2013 to 30 July 2014.
Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. Forms completed by Councillors and Senior Staff will be made available on Council’s website.
The register containing completed returns is tabled at each Council meeting.
Attachments
Nil
|
That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2014. |
|
Council 12 November 2014 |
Item 12.4 |
12.4. 2015 Citizen of the Year and Young Citizen of the Year Awards
Council has advertised for nominations for the 2015 Bega Valley Shire Citizen and Young Citizen of the Year Awards and consideration should now be given to determine awardees.
General Manager
Background
For many years Council has selected a Bega Valley Shire Citizen and Young Citizen of the Year in recognition of outstanding community service or achievement. These prestigious awards are presented as part of the Shire’s official Australia Day Ceremony on 26 January each year. Recipients, their families and nominators are invited to a Pre Australia Day dinner and invited to breakfast with the official party on the day.
Advertisements were run over several months through all local media outlets, on Council’s website, Council’s Facebook page and via media releases. Contact was made with local schools and other organisations to encourage submission of nominations. This year nominations closed on 24 October, 2014.
Unsuccessful nominations submitted for the Bega Valley Shire 2014 Citizen of the Year Award have been included for consideration for the 2015 Citizen of the Year Award.
Nominators have received letters acknowledging receipt of the nominations been advised of the process for selection and advising successful nominees and nominators.
Copies of the nominations have been provided to Councillors as a confidential attachment.
Issues
The Australia Day Council (ADC) of NSW forwards to Councils any unsuccessful local nominees for the Australian of the Year. Under ADC guidelines, Council may include these nominations to the national award with the local citizen awards. No nominations that qualify have been received from the ADC at the time of writing this report.
Conclusion
The Citizen and Young Citizen of the Year awards are an important way Council recognises individual contributions and achievements by members of the local community.
Attachments
1. Memo to Councillors - Summary of Nominations received Citizen and Young Citizen of the Year (Confidential)
2. 2015 Citizen and Young Citizen of the Year nominations (Confidential)
|
1. That Councillors select the Bega Valley Shire Citizen of the Year for 2015. 2. That Councillors select the Bega Valley Shire Young Citizen of the Year for 2015. 3. That the successful nominees be advised they will be presented with their awards at the Australia Day ceremony to be held in Bega on 26 January 2015, and that announcement of the awardees will be kept confidential until the official Australia Day program is released. |
|
Council |
12 November 2014 |
In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Cr Hughes.
13.1 Certificate of Investments made under Section 625 of the Local Government Act, 1993 181
13.2 Bermagui Surf Life Saving Club - request for reduction in loan repayments... 186
13.3 Southern Phone Company Pty Ltd - Dividend 2014........................................... 190
|
Council 12 November 2014 |
Item 13.1 |
13.1. Certificate of Investments made under Section 625 of the Local Government Act, 1993
To report the details of Council’s investments during the month of October 2014.
Group Manager Strategy and Business Services
Background
Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.
In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in May 2010, the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.
Issues
Legal
Section 625 of the Local Government Act 1993 (the Act) determines money may only be invested in a type of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.
Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under section 625 of the Act.
The report must also include a Certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.
Policy
Council holds an Investment Policy published under policy number 5.07. This Policy is reviewed every 4 years by Council and annually by Council staff.
Council’s current Policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.
Financial
The attached report indicates a current investment portfolio
of $54,000,000.
These funds can be broken into the following Funds:
Table 1: Investments by Fund
|
Funding source |
August 2014 |
September 2014 |
October 2014 |
|
General Fund |
$27,090,726 |
$26,090,726 |
$30,090,726 |
|
Water Fund |
$13,022,303 |
$13,022,303 |
$13,022,303 |
|
Sewer Fund |
$10,886,971 |
$10,886,971 |
$10,886,971 |
In addition, there is $2,204,239.88 in uninvested funds in Council’s operating account.
8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.
8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.
8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.
8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.
Table 2: Restricted Cash and Investment by Fund
|
Funding source |
External Restrictions ‘000 |
Internal Restrictions ‘000 |
Unrestricted ‘000 |
Total ‘000 |
|
General Fund |
$9,800 |
$18,196 |
$(1,226) |
$26,770 |
|
Water Fund |
$4,228 |
$8,794 |
$1,617 |
$14,639 |
|
Sewer Fund |
$1,945 |
$8,942 |
$3,908 |
$14,795 |
The restrictions reported in Table 2 relate to 30 June 2013.
Council formally calculates its Restrictions as at 30 June each year. These Restrictions are not reset until the following year Financial Audit. Any movement of funds during the year, is therefore, shown as movement in unrestricted cash.
There have been expenditures between July and year to date that will result in reduced restrictions (for example transfers from reserves to fund capital works), but is not reflected in the above table.
Attachments
1. Certificate of Investment Report October 2014
|
1. That Council receive and note the attached report indicating Council’s Investment position. 2. That Council note the Certificate of the Responsible Accounting Officer.– |
|
Item 13.2 |
13.2. Bermagui Surf Life Saving Club - request for reduction in loan repayments
Bermagui Surf Life Saving Club (BSLSC) has been repaying the Bega Valley Shire Council a loan of $90,000 taken out in 2009 for the additional cost of the screw pilings for the construction of the BSLSC Facility. They are requesting a reduction of the annual repayment for the Loan from $9,000 to $5,400 annually.
Group Manager Strategy and Business Services
Background
Bermagui Surf Life Saving Club obtained government grant assistance to commence construction of the club building. Following an approach to Council, $75,000 was made available to provide public toilets in that development. In December 2008 Council contributed a further $50,000 to provide additional and disabled public toilets. To comply with engineering construction standards, the builder placed screw piles through the development site to accommodate the future second storey. Those works caused a variation of approximately $90,000. As a consequence the BSLSC did not have sufficient funds to complete Stage 1 and floor of Stage 2. The club made a further request to Council to provide an interest free loan to enable completion of Stage 1.
In 2009 Council resolved to provide the BSLSC with an interest free loan of $90,000 repayable by 10 annual payments of $9,000 set out in the attached Deed. In July 2012 BSLSC requested to defer one repayment of $9,000 which has yet to be made up. To date a total amount of $36,000 has been repaid with an outstanding balance of $54,000 due to be paid by June 2019.
BSLSC have now requested to reduce their repayments to $5,400 annually for the next 10 years due to financial difficulties set out in their attached letter.
Conclusion
The provision of a reduction in the loan repayment from $9,000 to $5,400 annually would extend the loan period by another 5 years.
Attachments
1. Letter from BSLSC requesting a reduction in annual loan repayment (Confidential)
2. Council report 26 May 2009 - Bermagui Surf Life Saving Club
3. Deed of agreement between Council and Bermagui Surf Life Saving Club (Confidential)
|
That Council resolve to either: 1. Approve Bermagui Surf Life Saving Club’s request to reduce the annual loan repayment amount to $5,400 annually with an extension to the interest free loan period for a further 5 years. OR 2. Write to Bermagui Surf Life Saving Club requesting them to meet the terms set out in the Deed and make the agreed repayments by the specified dates. |
|
Council |
12 November 2014 |
|
Item 13.2 - Attachment 2 |
Council report 26 May 2009 - Bermagui Surf Life Saving Club |
|
Item 13.3 |
13.3. Southern Phone Company Pty Ltd - Dividend 2014
Council is a shareholder in the Southern Phone Company Ltd. The company has declared a dividend of $3,000,000 for 2014 of which $196,105.32 has been paid to Bega Valley Shire Council.
Group Manager Strategy and Business Services
Background
Southern Phone Company Limited is a local government-owned telecommunications provider that is an unlisted Public Company. The company was established in late 2002 with the aim of improving competition in telecommunications, particularly in regional Australia.
There are 41 councils that hold two shares each in Southern Phone Company. The shares were purchased for $1 each. Only Councils can hold shares, with the shareholding being a means of returning profits to the community.
The company is a national full-service telco, offering fixed line, mobile and internet services to customers in all states of Australia.
The dividend is paid using a formula with 20% split equally among all 41 shareholders and the remaining 80% paid according to the amount of business generated in a Council’s area.
The company’s Board has declared a dividend of $3,000,000. This is an increase of $300,000 compared to last year.
A full list of the dividends paid to Councils is attached for Councillors information (Attachment 1). The dividend paid to Bega Valley Council is $196,105.32. Bega Valley Shire Council uses Southern Phone as a provider for some of its internet services.
Financial
Income from the dividend from Southern Phone has not been included in the 2014/15 Budget as the value varies annually.
Council proposes to use these funds to bring forward projects that had been previously deferred from 2014/2015 to 2015/2016 due to insufficient funds.
The projects identified are:
· Improvements to Bruce Steer Pool, Bermagui (beach and ocean pool access)
· Improvements to Bega Recreation Ground (cricket/soccer change rooms)
The value of these two projects total approximately $200,000.
Attachments
1. Southern Phone 2014 Dividend Distribution
|
1. That Council note the dividend of $196,105.32 declared by Southern Phone Company Limited to Bega Valley Shire Council. 2. That Council resolves to use the dividend income from Southern Phone Company to fund the projects as outlined in this report. |
|
Council |
12 November 2014 |
Notices of Motion
12 November 2014
17.1 Bega Women's Resource Centre - Support for "Save our Services"................. 194
17.2 Support for women's refuges and essential domestic violence protection services 199
17.3 Packaged liquor licence application in Bermagui............................................ 203
|
Council 12 November 2014 |
Item 17.1 |
17.1. Cr Sharon Tapscott - Bega Women's Resource Centre - Support for "Save our Services"
Previous Items 16.1 - Bega Women's Resource Centre - Support for Save our Services - Council - 22 Oct 2014 2.00 pm
Background
On 22 October, 2014 a Notice of Motion was presented to Council (attached). The motion was deferred following deputations to Council, further report back to Council.
An update notice of motion is now provided:
Notice of Motion – 12 November, 2014
Background
The Bega Women's Resource Centre has written to Bega Valley Shire Council requesting support for the ‘Save Our Services Team’ in tabling their petition of 14,000 signatures in September 2014, seeking debate on the decision making process that led to the losses of critical services now being experienced in our community by the most vulnerable and disadvantaged.
These losses have seen many women and children disenfranchised and without options for crisis care within their own region.
There is anecdotal evidence that other rural and remote communities have also suffered through this tendering process. There is compelling evidence that there is widespread concern about these limited services not providing the support needed to those escaping domestic violence and homelessness.
If this developing situation is added to the already existing problem that has been previously identified by Council, of the homeless and disadvantaged within the Bega Valley, then it just serves to compound an escalating situation that requires urgent and practical solutions.
Cr Sharon Tapscott
Attachments
1. Notice of Motion 22/10/14 - No 16.1 Bega Women s Resource Centre - Support for Save our Services
|
1. That Bega Valley Shire Council support ‘Save our Services’ in their requesting, by petition to Parliament, that there be debate on the tendering process that led to loss of critical services for women and children escaping domestic violence in rural areas, particularly the Bega Valley. 2. That Bega Valley Shire Council encourage all other councils who have experienced loss of service through this tendering process to also support the debate on this process. 3. That Bega Valley Shire Council, as a priority, engage in some meaningful discussions on what practical solutions it may offer, in looking for options to reduce homelessness and increased crisis care within our local government area for all sections of our community |
|
Council |
12 November 2014 |
|
Item 17.1 - Attachment 1 |
Notice of Motion 22/10/14 - No 16.1 Bega Women s Resource Centre - Support for Save our Services |
|
Item 17.2 |
17.2. Cr Keith Hughes - Support for women's refuges and essential domestic violence protection services
Previous Items 16.2 - Bega Women's Refuge - Council - 22 Oct 2014 2.00 pm
Background
On 22 October, 2014 a Notice of Motion was presented to Council as follows. The motion was deferred following deputations to Council, further report back to Council.
Notice of Motion 12 November, 2014
Background
In June this year, Family and Community Services Minister Gabrielle Upton announced funding would be restored to the inner city, $2 million would be specifically for the restoration of the city’s women’s services and some services unsuccessful in the tenders could apply for 18 months temporary funding.
The most significant outcome of the tenders would be the flow on from 336 individual services having been consolidated into 149 packages run by 69 providers.
Before the tenders there were 90 women’s services in NSW funded as Specialist Homelessness Services. Under the tenders, there are now only 23 women’s services, and many services will now be generalist and managed by mainstream providers such as Mission Australia and Wesley Mission.
While the outcomes of the tenders cannot be thoroughly assessed until the new services commence on 1 November, a number of trends are appearing. Other losses indicated include less:
· full time staffing
· 24/7 on call
· girl-only youth refuges
· Aboriginal run services
In addition, the loss of many local services built up from demonstrated need, established and ‘owned’ by local communities.
Concerned by the implications for women who need women-only services, SOS Women’s Services broadened its advocacy and in September tabled a petition of 14,000 signatures to State Parliament requesting debate on the decision making processes that have led to these outcomes and seeking certain assurances for women and girls.
SOS is continuing to advocate for the necessary role of a select group of women’s services in high need areas across the state, including the Far South Coast.
Cr Keith Hughes
Attachments
1. Notice of Motion 22 October 2014 Cr Hughes - Bega Women's Refuge
|
1. That Council acknowledges the strong community support for Bega Women’s Refuge including from local police and the vital services it has provided over 26 years 2. That Council calls for the refuge run by Mission Australia to operate 24/7 and for staffing levels to be maintained at previous levels (10 staff) to ensure the area is adequately serviced 3. That Council writes to the Minister Gabrielle Upton and local MP Andrew Constance requesting that they support a refuge in Bega with qualified staff and support local police by ensuring the refuge operates 24/7. |
|
Council |
12 November 2014 |
|
Item 17.2 - Attachment 1 |
Notice of Motion 22 October 2014 Cr Hughes - Bega Women's Refuge |
|
Item 17.3 |
17.3. Cr Keith Hughes - Packaged liquor licence application in Bermagui
Background
Woolworths is applying for a packaged liquor licence for the proposed BWS store attached to its new supermarket in Bermagui.
The consent authority for the decision on whether, and on what terms, to grant the licence is the NSW Office of Liquor, Gaming and Racing (OLGR).
Woolworths engaged a firm of consultants to prepare a Community Impact Statement (CIS) in support of its application which included consultations with a range of stakeholders. During the preparation of the CIS, Council received many representations from community members who were referred to the consultants to make their submissions.
Now the application is before the OLGR for a decision and is on public exhibition because the consultants acknowledged that the concerns raised by submitters cannot be overcome to the satisfaction of all parties.
Submissions on the application will be accepted by the OLGR until 27 November. Members of the community and any interested party can make a submission.
http://www.olgr.nsw.gov.au/application_noticeboard.asp
It is also an opportunity for Council to indicate whether it supports or opposes the new Bermagui packaged liquor licence.
Cr Keith Hughes
Attachments
Nil
|
That before 27 November Council indicates to the OLGR opposition to the new packaged liquor licence in Bermagui.
|
|
Council |
12 November 2014 |
Questions On Notice
12 November 2014
19.1 Popularly Elected Mayor - Question from Cr Liz Seckold................................. 205
19.2 Plastic Bags in the Shire - Question from Cr Keith Hughes.............................. 211
19.3 Renew the Valley Model - Question from Cr Russell Fitzpatrick...................... 212
19.4 Establishment of a Tech Park - Question from Cr Kristy McBain..................... 214
|
Council 12 November 2014 |
Item 19.1 |
19.1. Popularly Elected Mayor - Question from Cr Liz Seckold
Cr Liz Seckold asked at the Council Meeting of 1 October 2014:
“as to the possibility and cost in conducting a poll in conjunction with the NSW State Elections in March 2015 to have the Shire Mayor elected by the public by popular election”.
General Manager
Background
Under the Local Government Act 1993 – Section 228 states:
How is it decided that the mayor be elected by electors?
1. It may be decided at a constitutional referendum that the mayor be elected by the electors
2. A decision that the mayor be elected by the electors takes effect in relation to the next ordinary election after the decision is made.
In January 2008, a simular Question on Notice and subsequent Notice of Motion (Cr Hede) (refer to 12 February 2008 Council Meeting documentation attached) re the possibility of the NSW Electoral Commission running a separate referendum was raised. The question was specifically around the costs and process associated with the NSW Electoral Commission conducting a separate referendum for a popularly elected Mayor.
Issues
As part of researching this issue, staff spoke to Office of Local Governance, Mr Doug Friend (Governance) and NSW Electoral Commission, Mr Steve Robb, Commercial Services Manager.
Advice received from the NSW Electoral Commission is outlined below:
It is not possible for Bega Valley Shire Council to conduct a constitutional referendum (for a popularly elected mayor) at the same time as the 2015 State Election as there are important legal, and operational reasons that make it impractical. These reasons include:
· State and Local Government elections/referenda are conducted under different Acts of Parliament detailing the different processes to be followed
· Different electoral rolls are required for the different elections/referenda
· Difficulty in employing and training staff to manage the variances between both election events
· Increased functions at polling places leading to confusion of electors and delays in voting
· Deadlines for important events, eg pre-poll and postal voting are different
· Risk of politicising the Local Government event
· Delays in producing and releasing results
Should Council determine they wish to conduct a separate or standalone constitutional referendum on the issue of a popularly elected mayor, the NSW Electoral Commission advised the costs would be in the vicinity of $150,000. This figure is similar to the advice previously received in 2008 (around $165,000).
Should Council determine they wish to conduct a constitutional referendum on the issue of a popularly elected mayor, in conjunction with the next Local Government Elections in 2016, the additional cost would be in the order of 10-15% on top of the total election costs. Based on Bega Valley Shire Council costs from the 2012 election of $198,000 this would result in addition costs in the order of $20,000 to $30,000. The additional costs would cover issues like: advertising, presentation or “for” and “against” cases; printing; and counting of extra ballot paper
If returned in the affirmative, the 2020 election would feature an election for the Mayor, separate to the Councillor elections.
Attachments
1. Ordinary Meeting Minutes of 18 December 2007 indicating question without notice popularly elected mayor
2. Memorandum to Mayor regarding Mayoral referendum information January 2008 popularly elected mayor
3. Ordinary Meeting Agenda of 12 February 2008 notice of motion cr hede popularly elected mayor
4. Ordinary Meeting Minutes of 12 February 2008 notice of motion cr hede popularly elected mayor
|
Council |
12 November 2014 |
|
Item 19.1 - Attachment 1 |
Ordinary Meeting Minutes of 18 December 2007 indicating question without notice popularly elected mayor |
|
12 November 2014 |
|
|
Item 19.1 - Attachment 2 |
Memorandum to Mayor regarding Mayoral referendum information January 2008 popularly elected mayor |
|
12 November 2014 |
|
|
Item 19.1 - Attachment 3 |
Ordinary Meeting Agenda of 12 February 2008 notice of motion cr hede popularly elected mayor |
|
12 November 2014 |
|
|
Item 19.1 - Attachment 4 |
Ordinary Meeting Minutes of 12 February 2008 notice of motion cr hede popularly elected mayor |
|
Item 19.2 |
19.2. Plastic Bags in the Shire - Question from Cr Keith Hughes
Cr Hughes asked at the Council Meeting of 30 July 2014 and 22 October 2014, to receive an update on the use of plastic bags within the Shire.
Group Manager Strategy and Business Services
Council Meeting 30 July 2014
Item 19.1 No Plastic Bags in the Bega Valley – promotion of campaign
Cr Keith Hughes asked could information be presented on ways to promote “No Plastic Bags in the Bega Valley”.
Council Meeting 22 October 2014
Item 19.2 Plastic Bags in the Shire
Cr Keith Hughes asked to receive an update on a previous Question on Notice regarding the use of plastic bags within the Shire.
These questions were taken on notice by the Group Manager Strategy and Business Services who has provided the following response to Councillors via Memorandum:
Following the meeting Council wrote to the Local Chambers of Commerce asking for suggestions regarding the issue of plastic bags within the Shire. This was also raised at the Business Forum. No correspondence has been received by Council.
While Council has no authority to implement a ban a Notice of Motion could be tabled to determine Council’s position and course of action.
Attachments
Nil
|
Council 12 November 2014 |
Item 19.3 |
19.3. Renew the Valley Model - Question from Cr Russell Fitzpatrick
Cr Fitzpatrick asked at the Council Meeting of 10 September 2014, to receive an update of the outcomes achieved from the Renew the Valley program and also a detailed listing of costs expended by Council.
Group Manager Strategy and Business Services
Council Meeting 10 September 2014
18.2 Renew the Valley Model
Cr Russel Fitzpatrick noted that at the Council meeting of August 2013, Council resolved to establish a ‘Renew the Valley’ model funded by salary savings, with the program to commence in September 2013.
Cost was estimated at $20,000.00 plus travel costs.
Cr Fitzpatrick asked could Council be provided with a staff report listing outcomes achieved from the program and also a detailed listing of costs expended by Council.
The question was taken on notice by the Group Manage Strategy and Business Services who has provided the following response to Councillors via Memorandum:
At its meeting of September 4, 2013, Council endorsed the support of a ‘Renew the Valley’ program, funded through salary savings.
The model of support that was selected for the Bega Valley Shire was the ‘Reboot and Renew’ training and support package – at a one off contract cost of $20,000 (plus travel costs). Included in this package is the ongoing support which covers
Local evaluation and site visits.
Local evaluation held over 18 – 20 September 2013. Follow up site visits held in November 2013, December 2013 and March 2014.
Training in the Renew model for key stakeholders
This has been completed. Ongoing support provided on as needs basis.
Actively meeting local groups to get your first project off the ground
Completed
Running the EOI process for project participants
Completed, ongoing on as needs basis. EOI process included Renew Australia hosting the EOI forum and submissions, providing technical advice and holding interview for prospective projects.
Meeting and pitching to property owners
Completed 18 – 20 September. Can be ongoing on as needs basis
Promoting the call out for artists
Completed with EOI process.
Insurance, compliance, legal and other issues
Completed and ongoing
Meet with property owners
Completed and ongoing on as needs basis.
Projects activated / supported through the Renew the Valley program include:
· The Artz Group – Merimbula. Opened December 2013 – May 2014.
· Red Peg Eco Studio – Bega. Opened March 2014 – ongoing
· CoW’s Bega – allocated ‘Renew the Valley’ space, elected to rent the space - ongoing
· Crafter’s Market – Bega. Opened October 2014 – ongoing
· Festival of the Space. Various project spaces activated through Festival of the Face were supported by the ‘Renew the Valley’ model to ensure appropriate cover of insurance. These were one off projects.
Costs.
As per agreement with Renew Australia, four instalments of $5,000 have been paid for the cost of the ‘Reboot and Renew’ package. Total : $20,000.
Attachments
Nil
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Council 12 November 2014 |
Item 19.4 |
19.4. Establishment of a Tech Park - Question from Cr Kristy McBain
Cr McBain asked at the Council Meeting of 10 September 2014 to receive a report on the ability to establish a steering committee for a Tech Park within the Shire.
Group Manager Strategy and Business Services
Council Meeting 10 September 2014
Item 18.5 Establishment of Tech Park
Following the public forum of 10 September 2014, Cr Kristy McBain asked could Council receive a report on the ability to establish a steering committee for a Tech Park within the Shire.
The question was taken on notice by the Group Manage Strategy and Business Services who has provided a response to Councillors via Memorandum.
Information related to this question has been provided within the closed session report tabled in this meeting – Merimbula Land Development Options.
Attachments
Nil
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Council |
12 November 2014 |
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
RecommendationThat Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 22.1 Merimbula Land: Redevelopment Options Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report 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.
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