Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 30 October 2019 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Kristy McBain, Mayor

Cr Sharon Tapscott, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Liz Seckold

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Acting Director, Business and Governance, Mr Daniel Murphy

Manager, Communications and Events, Ms Ariane Rummery

Minute Secretary, Mrs Bec Jones

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

·      Is it consistent with Government policy, Council’s objectives and Code of Conduct?

·      What will the outcome be for you, your colleagues, the Council, anyone else?

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

·      Can the decision be justified in terms of public interest?

·      Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

·      Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

·      Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

·         Is it likely I could be influenced by personal interest in carrying out my public duty?

·         Would a fair and reasonable person believe I could be so influenced?

·         Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

·         Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st       Do I have private interests affected by a matter I am officially involved in?

2nd     Is my official role one of influence or perceived influence over the matter?

3rd      Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and 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

30 October 2019

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 9 October 2019 as circulated, be taken as read and confirmed.

3       Declarations

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

4       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

 

8.1                Public Exhibition of Draft Bega Valley Shire Climate Resilience Strategy................................ 9

9       Staff Reports – Community, Culture and Leisure

 

9.1                Evaluation of the of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District........................................................................................... 122

9.2                Proposal to Establish an Alcohol-free Zone at Biamanga National Park.............................. 137

10   Staff Reports –Economic Development and Business Growth

 

Nil Reports

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Effluent Re-use and Storage at Pambula Merimbula Golf Course........................................ 142

11.2              Bega Valley Local Traffic Committee......................................................................................... 145

11.3              Merimbula Ocean Outfall Diffuser Location............................................................................ 160

11.4              North Tura Beach Site Management Plan (SMP)..................................................................... 206

12   Staff Reports – Governance and Strategy

 

12.1              Tender for the Supply of Electricity for Buildings & Facilities and Unmetered Public Lighting        254

12.2              Related Party and Pecuniary Interest Disclosure Returns 1 July 2018 to 30 June 2019. 257

12.3              Draft Organisational Service Standards Policy........................................................................ 261

13     Staff Reports – Finance

 

13.1              Referral of the 2018/19 Financial Statements to Audit......................................................... 270

13.2              Certificate of Investment............................................................................................................ 272

 

14     Councillor Reports

 

15     Rescission/alteration Motions

 

16     Notices of Motion

16.1              Popularly elected Mayor............................................................................................................ 277

16.2              Correspondence Bega Valley Shire Residents and Ratepayers Association...................... 278

 

17     Questions with Notice

17.1              Cemetery Review......................................................................................................................... 280

17.2              "About Regional" use of BVCCC................................................................................................. 282

17.3              Water Restrictions....................................................................................................................... 284

17.4              Councillor Expenses..................................................................................................................... 285

 

18     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public......................... 286

              

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

30 October 2019

 

 

Staff Reports –Planning And Environment

 

30 October 2019

  

8.1              Public Exhibition of Draft Bega Valley Shire Climate Resilience Strategy........... 9


Council 30 October 2019

Item 8.1

 

8.1.  Public Exhibition of Draft Bega Valley Shire Climate Resilience Strategy     

 

This report seeks Council’s approval to place the draft Bega Valley Shire Climate Resilience Strategy on public exhibition.

 

General Manager  

 

 

Officer’s Recommendation

1.   That Council publicly exhibit the draft Bega Valley Shire Climate                 Resilience Strategy          (Attachment 1) for a period of not less than 42 days.

2.    That Council staff prepare a further report to Council following conclusion of the public                 exhibition period.

 

Executive Summary

Review of the current Bega Valley Shire Council (BVSC) Climate Change Strategy (2014-2017) was a key deliverable in the BVSC 2017-2021 Delivery Program. The next iteration of this strategy proposes a resilience approach to addressing the projected impacts of climate change across Bega Valley Shire.

The draft Bega Valley Shire Climate Resilience Strategy 2050 aims to support the Bega Valley community to adapt to our changing climate and make an equitable contribution to reducing the impacts of climate change through mitigation of greenhouse gas emissions. A resilience approach allows our community to focus on strengthening our strategic advantages and addressing our vulnerabilities.

Many political, socio-economic and global environmental changes are beyond the control of local individuals and organisations. Collectively, though, all of us who have an interest in the Bega Valley Shire have the capacity to contribute to a more climate resilient future.  Council’s role is to harness that collective capacity and document a shared blueprint for a resilient Bega Valley Shire.  This draft Strategy has a local, whole of Shire focus, where our actions can have the greatest benefit in increasing our resilience to a changing climate.

Background

Council recognises that humans are affecting the global climate, and has been working to reduce its greenhouse gas emissions since 2006.  In 2007, Council also recognised that climate change adaptation would also be required, given that global mitigation efforts were unlikely to contain the ‘built-in’ impacts on the climate from greenhouse gasses already emitted to the environment since the Industrial Revolution.  Council adopted Bega Valley Shire Council Climate Change Strategy (2014 -2017) in 2013 to address the likely impact of climate change on Council operations and recently adopted a new Bega Valley Shire Council Clean Energy Plan 2019- 2030 to address organisational emissions reduction.

This draft Strategy will supersede the Bega Valley Shire Council Climate Change Strategy (2014 -2017), address mitigation and adaptation, and has a whole-of-Shire scope, recognising the need for coordinated climate change action across the Shire.

The Strategy applies a resilience methodology to respond to the key challenges that climate change will present. A resilience approach allows our community to focus on building strong foundations for our Shire, that in turn allow us to implement adaptation and mitigation measures to address these climate change driven challenges.

The Strategy identifies existing vulnerabilities within our natural systems, land use, settlements, infrastructure, economy and community. It assesses these existing vulnerabilities against key climate change impacts using a risk methodology, with resultant high risks prioritised for response in seven Key Response Areas:

·    Protecting our natural systems

·    Prepared for natural hazards

·    Liveable and connected places

·    Safe, active and inclusive communities

·    Diverse and thriving economy

·    Energy security

·    Food security

Each Key Response Area is underpinned by performance measures and targets, which will allow us to measure the ongoing success of the Strategy, and identifies climate resilience actions to address high risk vulnerabilities and enhance individual sector resilience, within the context of Council’s 28 August 2019 resolution (Item 16.2) providing input to this draft Strategy.

Community Engagement

Consultation undertaken

Development of the draft Strategy has been informed by Council’s Climate Resilience Technical Advisory Panel. The Panel, made up of members of the local community with expertise and interest in climate change, has provided detailed input on key issues to be addressed by the Strategy and actions for enhancing our resilience.

Staff also sought input from NSW government agencies and industry representatives to understand their perspectives on climate change vulnerabilities and the strategies that they may have in place or are proposing to pursue.

The views of community groups, such as Clean Energy for Eternity, were also considered in the development of the draft Strategy.

Consultation planned

It is proposed to publicly exhibit the draft Strategy for a period of not less than 42 days, and make it available through Council’s Have your Say webpage and at Council libraries.  It will be provided to all government agencies, industry groups and community groups identified as having a role in the delivery of climate resilience actions. Council staff will be available to meet with key stakeholders to discuss their feedback on the draft Strategy and work through the proposed actions.

Council consideration of input

Two Councillor workshops were held to seek input from elected Council on the adoption of the resilience methodology, the Key Response Area targets, and to develop specific climate resilience actions.

Further input from Councillors will be sought in relation to the outcomes of the exhibition process.

Financial and resource considerations

The development of this Strategy has been undertaken with staff resources and the exhibition process will involve minor expenditure. These costs are included in Council’s adopted budget for 2019-20.

The delivery of Council actions, identified in the Strategy, will be prioritised as part of the annual operational planning process. Many of the actions proposed in the draft Strategy will be implemented by staff as part of their existing function and work program, as climate mitigation and adaptation are business-as-usual activities.

In planning for major capital and operational expenditure, Council staff will consider the lifecycle costs of proposed activity, and assess potential climate change impacts.  Work to adapt Council’s assets to be resilient to climate impacts over their asset life will be incorporated in Asset Management Plans.

Council has limited ability to influence how other government agencies, industry and not-for-profit groups, or local residents choose to allocate resources to address their respective resilience challenges. However, the draft Strategy seeks to provide whole-of-Shire strategic direction to address the climate change challenges the Shire is likely to face in the future.

Legal /Policy

National, state and local governments around the world are committed to responding to the existential threat to our economic, social and natural systems posed by climate change.  This government action is supported by a growing coalition of industry, not-for-profit and citizen-led action. 

The draft Strategy is consistent with international, national and NSW policy on climate change, and BVSC’s adopted policy position. 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Strategy is directly aligned with the community vision:

“By working together, the Bega Valley Shire community integrates quality of               life, enterprising business, sustainable development and conservation of the    environment.”

articulated in the Bega Valley Shire Community Strategic Plan, and contributes to all six outcomes:

1.    Active and healthy communities

2.    Employment and learning opportunities

3.    Sustainable living

4.    Liveable places

5.    Connected communities

6.    Strong, consultative leadership

Environmental / Sustainability

There are no direct environmental sustainability impacts of publicly exhibiting the draft Strategy.

Our community highly values the quality of our local environment and consistently rates our environmental management activities as an important Council function. The high quality of our natural systems underpins our tourism, aquaculture, fishing and agricultural sectors. As such addressing vulnerabilities and threats to our natural systems is a key focus of Council and other natural resource management agencies.

The health of our natural systems is a key priority of the draft Strategy and underpins the resilience and sustainability of all sectors identified. The effective management of our natural systems will not only increase our communities’ resilience but will also reinforce our “natural advantage” over other coastal destinations. 

Economic

There are no direct economic impacts of publicly exhibiting the draft Strategy.

A key goal of enhancing the Shire’s climate resilience is to support the local economy and those dependent on it, but also to position the Shire to take advantage of any opportunities that may arise out of changes to our local climate, changes in technology, or changes in government policy.

The draft Strategy seeks to support diversification of the local economy and sustainably increase the value of primary production and secondary industries within the Bega Valley Shire.

Risk

There are no direct risk implications of publicly exhibiting the draft Strategy.

In 2010, Council undertook a Climate Change Risk Assessment Adaptation Report to identify those areas at most significant risk to climate change and to establish priorities for the preparation of adaptation responses. Since then Council has been addressing priority risks through major projects such as the BVSC Coastal Processes and Hazards Definition Study, Bega/Brogo Floodplain Risk Management Plan and BVSC Asset Protection Zone Program.

The draft Strategy has identified 21 priority vulnerabilities (Table 1) across the Shire and proposes actions to address these. Some of these actions address priority operational risks for Council such as natural hazard identification and management, at risk infrastructure renewal and water supply management.

Table 1 – Priority Climate Resilience Vulnerabilities in Bega Valley Shire

 Risk No.

Vulnerability

Risk Rating

Level of Council Influence

1

Estuary ecosystem health

High

Direct

2

Lack of riparian vegetation

High

Direct

3

Extent of dune systems

High

Direct

4

Extent / location of agricultural land

High

Indirect

5

Distribution / location of towns, villages & settlements

High

Indirect

6

Length of bushland / urban interface

Extreme

Direct

7

Vehicle dependence

High

Indirect

8

Low lying water and sewer infrastructure

High

Direct

9

Telecommunication infrastructure

High

Indirect

10

Extent of gravel road network

High

Direct

11

Dairy – water access

High

Indirect

12

Dairy – irrigation costs

High

Indirect

13

Dairy – production costs /commodity prices

Extreme

Indirect

14

Beef – commodity prices

High

Indirect

15

Tourism - seasonality

High

Indirect

16

Tourism - reliance on natural env.

High

Direct

17

Reliance on external food and commodities

High

Indirect

18

Reliance on external energy production

High

Indirect

19

Aquaculture – ecosystem health

Extreme

Indirect

20

Ageing population

High

Indirect

21

Rates of volunteerism

High

Indirect

 

The draft Strategy confirms the importance of setting clear planning benchmarks for the community, developers and government. Not only does this clarity build trust and transparency in planning related decisions moving forward, but also assists in reducing one of the highest risk exposures for Council with regard the provision of information and approval of development.

Social / Cultural

There are no social and cultural impacts of publicly exhibiting the draft Strategy.

A changing climate provides challenges to people across the Shire, potentially exacerbating existing vulnerabilities and creating new threats to our natural systems, communities, economy and built environment. Providing clear strategic direction on how we, as a community, can respond to climate change in the Bega Valley Shire has the potential to create community cohesion.  It also provides opportunities through early adaptation, efficient transition to a low-carbon economy, and development of new industry and technological opportunities that create jobs and benefit all residents.

 

Attachments

1.          Draft Climate Resilience Strategy

 


Council

30 October 2019

Item 8.1 - Attachment 1

Draft Climate Resilience Strategy

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 

 


Council

30 October 2019

 

 

Staff Reports – Community, Culture and Leisure

 

30 October 2019

  

9.1              Evaluation of the of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District............................................................... 122

9.2              Proposal to Establish an Alcohol-free Zone at Biamanga National Park.......... 137


Council 30 October 2019

Item 9.1

 

9.1.  Evaluation of the of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District       

 

An independent evaluation of the of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District is presented for the information of Councillors and the community.

 

Director Community Environment and Planning  

 

 

Officer’s Recommendation

That Council:

1.    Note the evaluation of the Bega Valley Shire Council’s Bushfire Recovery Support Service    for Tathra and District and Yankees Gap District (Attachments 1 and 2).

2.    Communicate the evaluation recommendations (Attachment 1), for the benefit of others   responding to similar emergency events, by providing copies to emergency service    providers and making them publicly available on Council’s website.

3.    Work to implement the recommendations of the evaluation that are within its sphere of     influence (Recommendations 2, 3, 4, 5, 6, 7, 8, 9).

 

Executive Summary

The Tathra and District Recovery Support Service (TDRSS) was established by Bega Valley Shire Council (BVSC) in response to the March 2018 bushfire events and funded by  the NSW Department of Justice’s Office of Emergency Management (OEM).  It was later extended to provide support to those affected by the August-September 2018 Yankees Gap District bushfire.

To evaluate the effectiveness of the TDRSS, BVSC engaged Risk Frontiers, Australia’s longest running natural hazard research centre, to undertake an independent evaluation of the program (Attachments 1 and 2). 

The report notes the success of the TDRSS model areas for improvements and its potential to be utilised for future similar disaster events.

Background

The TDRSS was established by BVSC as a temporary service following the Tathra and District fires of March 2018 to ensure community members,  significantly impacted by this natural disaster, could access the recovery support they required. The TDRSS directly employed Recovery Workers to support individuals and provided a range of activities designed to build community resilience. In August 2018, following the Yankees Gap fire, the TDRSS was extended to address the needs of communities of Bemboka, Numbugga and Brogo.

An independent evaluation of the program was conducted in September 2019 by Risk Frontiers. It found that the TDRSS has been a success; the vast majority of clients and stakeholders acknowledged the service was instrumental in the recovery process of those impacted by the fires. The TDRSS was also found to have improved community confidence in BVSC’s ability to respond to natural disasters.

The report noted challenges in assisting Yankees Gap residents; however, these residents also reported a high degree of satisfaction at the commitment and efforts of the TDRSS.

The report makes 10 recommendations (see pages 8-10 of Attachment 1) including:

Recommendation 1:       that Recovery Support Service model developed by BVSC be utilised for future similar disaster events to improve access to recovery services and resilience and, where appropriate, be imbedded within local government to facilitate information sharing.

Recommendation 2:       that a review be undertaken to identify methods to streamline Bushfire Attack Level rating and rebuilding processes for future fires. This should include lessons from recent Australian fire events.

Recommendation 7:       that BVSC continue to work with the RFS to promote bushfire preparedness, in particular regarding messages to residents to check their insurance coverage on a regular basis.

Recommendation 8:       that future Recovery Support Service arrangements allow for further extensions to the service beyond 12 months, should it be required.

The report evidenced the need for the TDRSS to continue in a reduced format based on community need. Since the evaluation was commissioned, OEM has agreed to extend the TDRSS, in a stepped down form, until 31 October 2019.  Council staff are currently exploring potential grant funding to continue the service for a further 12 months.

The independent evaluation was a requirement of OEM grant funding, and has been provided to the Department of Justice.  It is anticipated that the recommendations made in the report will be useful for other communities and councils who are developing community recovery responses to natural disasters.

Community Engagement

The evaluation methodology consisted of a desktop review of data collected by the TDRSS and BVSC and 42 interviews with clients, stakeholders (supporting service organisations) and program managers.

Financial and resource considerations

Funding for the TDRSS was provided by OEM, with funding secured under the NSW and Commonwealth Governments’ Natural Disaster Relief and Recovery Arrangements (NDRRA).  In-kind contributions from BVSC staff were also contributed from BVSC’s adopted budget.

 

Funding source

 

Amount

NSW and Commonwealth Government’s Natural Disaster Relief and Recovery Arrangements (NDRRA)

$

$387,723

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The establishment of the TDRSS aligns with the strategic outcomes in the Liveability section of the Bega Valley Community Strategic Plan 2030:


 

Goal 1:  We are a cooperative, caring and enjoy a culturally rich community life.

The program addresses actions identified in the Revised Delivery Program 2017 – 2021: deliver programs that build the wellbeing, resilience and strength of communities, and the Operational Plan 2019 – 2020; Deliver a case management support service for people affected by Tathra and district and Yankees Gap bushfires through the Recovery Support Service.

Environmental / Sustainability

The evaluation did not directly assess environmental sustainability elements of the bushfire or affected people’s response to it. Indirect impacts of the TDRSS were to assist affected people to come to terms with the natural hazards to which they continue to be exposed.

Economic

The evaluation also did not directly assess economic impacts of the bushfire and post-incident recovery.  Indirectly, the TDRSS has assisted affected people to re-establish business activity. The loss of key businesses within Tathra, in particular, continues to place economic strain on the local community.

Risk

The provision of disaster relief services is not a regular activity of BVSC.  Risks associated with the activity are related to those undertaken regularly by BVSC through its Community Connections programs, and have been managed in a similar manner.

Social / Cultural

The evaluation of the TDRSS found the service was instrumental in progressing the recovery of those impacted by the Tathra and District and Yankees Gaps fires. Extensive positive feedback was received by clients of both fires, presenting a picture of a service that was highly valued and necessary for communities experiencing significant trauma and financial impacts.

 

Attachments

1.          Public Summary of Evaluation of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District - Executive Summary

2.            Confidential Evaluation of Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District (Confidential - As this attachment contains a discussion in relation to the personal hardship of a resident or ratepayer as per Section 10A(2)(b) of the Local Government Act 1993.

 

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 reveal an individual’s personal information.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 the personal information of a resident or ratepayer.

 

 

 


Council

30 October 2019

Item 9.1 - Attachment 1

Public Summary of Evaluation of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District - Executive Summary

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council 30 October 2019

Item 9.2

 

9.2.  Proposal to Establish an Alcohol-free Zone at Biamanga National Park      

 

This report recommends that Council publicly exhibit a proposal to establish an alcohol-free zone at Biamanga National Park.

 

Director Community Environment and Planning   

 

 

Officer’s Recommendation

1.        That Council resolve to support, in principle and subject to community feedback, the Biamanga National Park Board of Management’s request to establish an alcohol-free zone at the Aboriginal Cultural Area in Biamanga National Park.

2.         That Council publicly exhibit the proposed Biamanga National Park alcohol-free zone (Attachment 1) for not less than 30 days.

3.        That staff prepare a further report to Council following public exhibition.

 

Executive Summary

This report seeks a resolution of Council to publicly exhibit a proposal to create an alcohol-free zone (AFZ) covering the picnic area and swimming pool at Biamanga National Park Aboriginal Cultural Area.

Background

On 30 September 2019, Council received a request from the Biamanga National Park Board of Management to establish an AFZ within the Biamanga National Park Aboriginal Cultural Area. This proposal is to address anti-social activity associated with alcohol consumption within the Aboriginal Cultural Area. 

The proposed AFZ would provide additional powers to assist NSW Police in reducing alcohol-related antisocial behaviours and bolster public safety and awareness.

Options

Options available to Council are to:

1.    Resolve to support the Biamanga National Park Board of Management’s request to establish an AFZ at Biamanga National Park, and publicly exhibit that proposal.  This is the recommended option.

 

2.    Resolve not to proceed with the recommendation.

Community Engagement

The Biamanga National Park Board of Management has liaised with Bega and Merrimans Local Aboriginal Land Councils and NSW Police Southern Area Command in relation to the proposal.

 

In accordance with the provisions of the Ministerial Guidelines, Council is required to undertake public consultation for a period of 30 days by placing a notice in a newspaper circulating in the area advising the proposed AFZ is to apply and inviting feedback.

Financial and resource considerations

Costs to install signage would be borne by the Biamanga National Park Board of Management, and compliance activity would be undertaken by NSW Police. As such, the only costs incurred by Council are associated with notification of the proposal and staff time to develop the proposal, which are minimal and incorporated into Council’s adopted budget.

Funding source

 

Amount

From existing budget allocations

$

500

Legal /Policy

If resolved by Council, following public exhibition, the Biamanga National Park Aboriginal Cultural Area AFZ would be made in accordance with s.644B of the Local Government Act 1993 and the Ministerial Guidelines on AFZs.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with Council’s Delivery Program 2017-2021 - Outcome 4: Liveable Places. Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Environmental / Sustainability

The proposal to publicly exhibit this AFZ does not have any direct environmental sustainability impacts. Should the proposed AFZ be adopted, there are likely to be positive environmental sustainability impacts associated with a reduction in littering within the area.

Economic

The proposal does not have any direct economic impacts. There are likely to be negligible economic impacts should the proposed AFZ be adopted.

Risk

Seeking public feedback on a proposed AFZ is part of the regular business of Council, and does not pose any additional risks.  If adopted, the AFZ empowers NSW Police to act if alcohol is consumed within designated areas at Biamanga National Park.  It mitigates risks to the public of disorderly conduct and injury from broken glass.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. The proposed AFZ has the potential to improve safety in the designated area. Public exhibition provides an opportunity for the community to provide feedback on the proposal.

 

Attachments

1.          Proposed Alcohol-free Zone - Biamanga National Park Cultural Area

 


Council

30 October 2019

Item 9.2 - Attachment 1

Proposed Alcohol-free Zone - Biamanga National Park Cultural Area

 

PDF Creator 

 


Council

30 October 2019

 

 

Staff Reports – Infrastructure Waste And Water

 

30 October 2019

  

11.1            Effluent Re-use and Storage at Pambula Merimbula Golf Course................... 142

11.2            Bega Valley Local Traffic Committee............................................................... 145

11.3            Merimbula Ocean Outfall Diffuser Location.................................................... 160

11.4            North Tura Beach Site Management Plan (SMP)............................................. 206


Council 30 October 2019

Item 11.1

 

11.1. Effluent Re-use and Storage at Pambula Merimbula Golf Course     

 

Council endorsement is being sought for preliminary investigations and negotiation with the Pambula Merimbula Golf Club to establish a treated effluent storage dam on Golf Club land.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

That Council endorse further negotiation with the Pambula Merimbula Golf Club to locate a new effluent storage dam on Pambula Merimbula Golf Course land.

 

Executive Summary

Council has supplied treated effluent from the Merimbula Sewage Treatment Plant (MSTP) to the Pambula Merimbula Golf Club (PMGC) for decades. Currently the PMGC uses on average 21% of the effluent from the MSTP for irrigation purposes. This amounts to approximately 137 million litres per annum.

Council currently stores treated effluent in a 17 million litre holding pond on the MSTP site before the effluent is either pumped to the PMGC irrigation system or discharged to the environment. The holding pond is problematic due to effluent re-infection and pathogen risk, along with the growth of algae in the presence of trace nutrients. The holding pond occupies an area of 1.1Ha which is likely to be required for new and modified infrastructure as part of the MSTP upgrade project. The holding pond is likely to be replaced with a much smaller, contained storage tank to ensure effluent quality is maintained following treatment.

The ability to store effluent is a feature of most re-use schemes. Effluent storage enables peak flows to be balanced, and usage to be managed appropriately ensuring enough volume is available when it is needed and providing some storage capacity during wet weather when irrigation is not required. A small effluent storage tank at the MSTP is unlikely to be an effective storage system given the irrigation demands at the PMGC. Staff have held preliminary discussions with the PMGC regarding the potential to construct a recycled water storage dam on PMGC land, and Council’s endorsement is sought for staff to further these negotiations.

Background

Council first received a proposal from the PMGC in 2009 to expand the irrigation area of the golf course from the existing 37 hectares to approximately 59 hectares, by including the “rough” areas and tree-lined surrounds bordering the fairways.

Based on historical average annual irrigation demand of 137ML over 37 hectares, the expanded 59 ha area suggests a projected annual demand of 218 ML per year. This equates to about 31% of the total existing volume of effluent discharged from the MSTP per annum which is a substantial increase from the current level of re-use (approx. 21% of effluent).

To meet the increased irrigation demands and to manage competing demands for effluent in dry times, increased effluent storage would be required.

 

Options

In 2011-2013, a stakeholder focus group undertook an Effluent Options Study to inform the future management of effluent from the MSTP. The Study was initiated in response to an EPA licence requirement. The Study involved a multi-criteria assessment of a wide range of disposal and re-use combinations. The key outcome of the Study was that an ocean outfall was the preferred disposal method and a number of irrigation schemes were worthy of further investigation. The option of expanding the PMGC irrigation system, along with maintaining the existing Oaklands system was ranked highly by the focus group.

Community Engagement

Consultation undertaken

Staff and PMGC executives met in August this year to discuss the PMGC’s plans, including the potential to relocate storage to PMGC land. The PMGC Board has written to Council in support of Council’s development of treated effluent storage within PMGC lands and has endorsed further negotiation (see attachment).

The broader community consultation process for the proposed outfall and MSTP upgrade has been understandably controversial due to widespread drought. There is a clear signal from the community in favour of increased levels of effluent re-use and while Council’s focus has largely been directed toward educating the public about the need for an outfall, the opportunity of expanding re-use within the PMGC would demonstrate Councils’ commitment to effluent recycling.

Consultation Planned

Subject to Councils’ endorsement it is proposed to undertake a more detailed evaluation of the capacity for irrigation of the golf course in consultation with the PMGC. Based on the hydraulic and chemical constraints of the land, a water balance would be conducted to enable sizing of a suitable storage dam.

Council consideration of input

A further report would be submitted to Council early in 2020 detailing approximate costs and planning requirements, along with the proposed basis of an agreement between the parties.

Financial and resource considerations

It is likely that a consultant would be engaged to undertake the irrigation capacity assessment, water balance and conceptual design at a cost of around $75,000 to be met from the sewer fund. 

Capital funding for the project would need to be identified subject to costing and a clear agreement between the parties establishing responsibilities.

 

Funding source

 

Amount

Sewer Fund

$

75,000

 

Attachments

1.          Letter from PMGC in support of effluent storage at Golf Course

 


Council

30 October 2019

Item 11.1 - Attachment 1

Letter from PMGC in support of effluent storage at Golf Course

 

PDF Creator


Council 30 October 2019

Item 11.2

 

11.2. Bega Valley Local Traffic Committee     

 

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 2 October 2019.

 

Director Assets and Operations  

 

 

Officers Recommendation

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

Tathra Wharf to Waves January 2020

1.    That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 18 January 2020 be approved.

2.    That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 18 January 2020, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

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

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

5.    That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6.    That prior to conducting the event, organisers have written approval from NSW Police Force and NSW National Parks and Wildlife Service.

7.    That the organisers advertise the change to traffic conditions for the event.

8.    That local emergency services and transport operators be notified prior to the event.

Installation of accessible parking at Lions Park Mogareeka

Council approve the installation of two accessible car spaces and shared zone in the Lions Park, Mogareeka in the location as indicated on the draft concept plan.

Installation of accessible parking at Wyndham Memorial Park

Council approve the installation of an accessible car space and shared zone in the Wyndham Memorial Park off Monaro Street, Wyndham in the location as indicated on the draft concept plan.

 

Executive Summary

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

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

The recommendations were supported unanimously by the Committee.

The recommendations in this report are a direct reflection of the recommendations from the Bega Valley Local Traffic Committee.

 

Attachments

1.          Tathra Wharf to Waves 2020

2.          Mogareeka Lions Park Concept

3.          Wyndham Memorial Park Concept

 


Council

30 October 2019

Item 11.2 - Attachment 1

Tathra Wharf to Waves 2020

 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

30 October 2019

Item 11.2 - Attachment 2

Mogareeka Lions Park Concept

 


Council

30 October 2019

Item 11.2 - Attachment 3

Wyndham Memorial Park Concept

 


Council 30 October 2019

Item 11.3

 

11.3. Merimbula Ocean Outfall Diffuser Location     

 

This report seeks Council endorsement of the proposed location of the diffuser for the Merimbula Ocean Outfall.

 

Director Assets and Operations  

 

 

Officer’s Recommendation

That Council adopt the “north short” option as the basis for detailed environmental assessment and conceptual design.

 

 

Executive Summary

Two pipeline alignments and four diffuser location options (two locations per alignment) have been considered by the project team and the community working group (CWG). The two alignments are described as a northern alignment, which is entirely within the sandy sea floor area of Merimbula Bay, and a southern alignment, which traverses rocky reef areas closer to Haycock Point.

The southern alignment option has been dismissed by the project team and CWG mainly due to potential impacts to reef ecology along with probable construction difficulties arising from areas of rocky sea floor. The CWG and project team agree that the northern alignment is preferable.

The “north short” diffuser location is approximately 2600 metres from the shoreline in a water depth of approximately 30 metres. The “north long” option is located approximately 4300 metres offshore in a depth of approximately 40 metres. Both options would adequately diffuse the treated effluent to meet water quality objectives.

The preference of the CWG is for the longer pipeline to establish a discharge point in deeper water and stronger currents. The project team consider a shorter option to be preferable as the dispersion modelling indicates that adequate mixing would occur, and the significant additional expenditure for a longer pipe is unwarranted on technical grounds. Therefore is is recommended that Council endorse the north-short diffuser location for further investigation and concept design.

Background

The Community Working Group (CWG) was constituted by Council, in September 2017, to work through a multi criteria assessment process to select a preferred option and provide recommendations to Council. A memo containing an overview of the CWG and the multi criteria analysis is included as an attachment.

The CWG was formed following extensive earlier investigation and options assessment work.

In addition, there were two memoranda sent to Council from members of the CWG in support of higher standards of treatment and more effluent re-use. These memoranda and Council’s responses are included as attachments. Given the prolonged drought conditions, effluent re-use is a theme that has emerged many times throughout the broader community consultation process. However, beneficial effluent re-use cannot completely substitute the need for disposal via an outfall.

AECOM is Council’s expert consultant for the preparation of the Environmental Impact Statement (EIS) and concept design for the upgrade of Merimbula sewage treatment plant and outfall. AECOM was also engaged to facilitate the CWG process. The EIS is at 20% concept design stage, and it is necessary to identify a final location for the diffuser to enable more detailed investigation and design.

The project team met, on September 26th, to review the elements of the project including dispersion modelling, construction methods, marine geophysics, marine ecology, plant upgrade options, and multi criteria assessment. One of the key objectives of the meeting was to arrive at a technical consensus in relation to diffuser location. AECOM had identified little difference in the north-long and north-short options during a multi criteria assessment carried out by their technical team. AECOM subsequently prepared a memorandum outlining a summary of the preliminary dispersion modelling of the north-short option (included as attachment). The conclusion outlined in the memorandum is that the north-short option achieves a desired level of water quality performance.

 Options

Four diffuser location options were put forward for consideration as discussed above.

The north-long option is preferred by the community working group, because the longer option is perceived to present less risk of impacting on the environs of Merimbula Bay. However, the CWG has indicated a general awareness of the cost implications of a longer outfall and was generally supportive of measures to reduce the length of the pipeline provided the environment is not compromised in the process.

Whilst detailed modelling and costing of all options was not available to the CWG, it is clear from subsequent modelling undertaken by AECOM that the north short option can achieve the project’s water quality objectives without compromising the environment. The technical memorandum supporting the north short option is included as an attachment.

Community Engagement

Consultation undertaken

The role of the Community Working Group was to provide recommendations to Council based on a multi criteria assessment approach. The recommendations of the CWG, in tandem with preliminary cost estimates and other technical information (eg. dispersion modelling) is intended to inform Council sufficiently such that Council can endorse a proposed pipeline alignment and diffuser location. Establishing the final location of the diffuser will then enable detailed environmental assessment and conceptual design to continue.

Financial and resource considerations

AECOM has prepared cost estimates for both the north-short and north-long options, combined with treatment plant upgrade options and differing construction methods. The cost estimates are summarised from the 20% concept design report below. Shading in grey has been added to indicate options that are within Council’s current project budget.


 

 

STP

Upgrade

Option

Ocean Outfall option:

STP to beyond Surf Zone

North-Long or North -Short

Ocean Outfall option:

Offshore Zone to Diffuser

Capital cost

1B – single point phosphorous removal - no filtration. UV disinfection.

HDD – Horizontal directional drilling

Long

Buried to CH.5200

$49,693,210

Short

Buried to CH.3500

$38,060,682

Long

On-sea-floor to CH.5200

$32,141,140

Short

On-sea-floor to CH.3500

$28,066,481

DDT – Direct Drive Tunnelling

Long

Buried to CH.5200

$69,733,420

Short

Buried to CH.3500

$58,100,893

Long

On-sea-floor to CH.5200

$52,181,351

Short

On-sea-floor to CH.3500

$48,106,692

3B – 2 point phosphorous removal with sand filtration. UV disinfection.

HDD – Horizontal directional drilling

Long

Buried to CH.5200

$53,953,645

Short

Buried to CH.3500

$42,321,118

Long

On-sea-floor to CH.5200

$36,401,576

Short

On-sea-floor to CH.3500

$32,326,917

DDT – Direct Drive Tunnelling

Long

Buried to CH.5200

$73,993,856

Short

Buried to CH.3500

$62,361,328

Long

On-sea-floor to CH.5200

$56,441,786

Short

On-sea-floor to CH.3500

$52,367,127

 

Based on the above estimates, there are two north short options and one north long option that fall within the project budget of $35M. Of those options, only one option is within budget, as well as additionally and importantly includes a higher “tertiary” standard of treatment which has been identified by the CWG and others in the community as desirable. That option is described as:

·    Treatment option 3B, inclusive of two point phosphorous removal and sand filtration with UV disinfection upgrade.

·    North-short diffuser location.

·    Horizontal directional drill installation of outfall pipe from treatment plant to beyond surf zone.  Pipe installation on sea floor from seaward limit of surf zone to diffuser.

This option is nominally costed at $32.3M, but it should be noted that these costings are feasibility estimates only and are provided to assist Council in decision making between options. The project will be the subject of detailed engineering design and a competitive tender process, which may yield higher or lower costs subject to final project detail and market conditions.

Risk

90% of the project cost will be expended on the construction of the outfall pipeline. The pipeline is the most cost sensitive and high risk element of the project. Council is advised to consider the following in making its decision:

·    The management of construction risk comes at a cost usually transferred to the client via the mechanisms in the contract. It is desirable for Council to “design out” risks/uncertainties where possible. Opting for a shorter outfall reduces up-front project risk significantly.

·    Limiting the duration, and the depth (for commercial diving reasons) of engineering works in the marine environment is recommended to avoid potential cost blow-out. Adopting the north-short diffuser location will have obvious benefits for managing project cost.

·    The north short diffuser location is considerably further from the submerged reef areas north of Haycock Point and its potential to impact on this area is therefore likely to be lower.

·    The north short diffuser location is within the “no trawl” zone and the likelihood of damage due to trawling is therefore lower.

·    The EIS must be focussed on a defined diffuser location.  If Council chooses to endorse a higher risk option, and then does not proceed with that option due to unforeseen cost, it is likely that elements of the EIS would need to be revised for a lower risk option at significant cost.

AECOM have advised that the north-short diffuser location will meet the water quality objectives for effluent discharge. It is also likely to present the least construction risk. Council is advised to endorse the north-short diffuser location accordingly.

 

Attachments

1.          CWG recommendations memo

2.          North Short Model Memo

3.          Mayor McBain response to CWG Members memo

4.          CWG Members proposal to Mayor McBain

5.          CWG Members to Mayor McBain response   


Council

30 October 2019

Item 11.3 - Attachment 1

CWG recommendations memo

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

30 October 2019

Item 11.3 - Attachment 2

North Short Model Memo

 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

30 October 2019

Item 11.3 - Attachment 3

Mayor McBain response to CWG Members memo

 

PDF Creator


Council

30 October 2019

Item 11.3 - Attachment 4

CWG Members proposal to Mayor McBain

 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

30 October 2019

Item 11.3 - Attachment 5

CWG Members to Mayor McBain response

 

PDF Creator


Council 30 October 2019

Item 11.4

 

11.4. North Tura Beach Site Management Plan (SMP)      

 

This report is being provided to present a revised Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan (SMP) following an earlier report that was deferred.

 

Director Assets and Operations   

 

Officer’s Recommendation

That Council endorse the October 2019 Draft Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan with the changes identified.

 

Executive Summary

The intent of this report is to seek endorsement for a revised Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan (SMP) which would allow for site management activities to proceed within clear parameters. The revised SMP has been presented following further meetings and consultations with key stakeholder groups in accordance with the resolution of Council of 18 September 2019.

Background

The SMP has been presented to Council on several occasions for consideration. Most recently this occurred on 18 September 2019 with a copy of the report presented to that meeting attached to this report (excluding attachments) for reference.

At the meeting referred to above, Council resolved:

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

2.      That the matter be deferred and be brought back to the 30 October 2019 Council meeting.

3.      That Council support the location of the path on the map in the draft Site Management Plan - The Point and Dolphin Cove sites so funding agreements and expenditure can be progressed.

The matter was deferred to allow Council to conduct further consultation, noting that extensive consultation has previously been undertaken, with the two with key stakeholder groups.

Further consultation has been undertaken as outlined in the community engagement section of this report. A revised draft Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve October 2019 SMP is attached to this report and is recommended for endorsement; noting that the attached version includes recommended changes by staff (shown as tracked changes) which have been made since the previous version presented to Council at the 18 September 2019 meeting.

Community Engagement

Consultation undertaken

In addition to previously extensive consultation with stakeholders, a meeting was held post the September 2019 Council meeting between Council representatives and representatives of the Living with Nature Group (LWN) and the North Tura Beach Residents Association (NTBRA).

Following that meeting staff prepared, and circulated to the groups, an updated draft SMP which was developed on the basis of what were the perceived elements for further agreement. Each of the groups were asked to review the revised draft and provide submissions so they could be presented to Council for final consideration. Each of their submissions are available for reference via the following links (available by viewing the business paper electronically):

Living with Nature (LWN) Group North Tura Site Management Plan Collated Submission

North Tura Beach Residents Association Inc. (NTBRA) North Tura Site Management Plan Collated Submission  

 

In addition to the two submissions requested, a further late submission was received from another NTBRA member which is also available for reference via the following link:

 

Les Murphy (NTBRA) Proposed Amendment to Site Management Plan  

 

In the submissions from LWN and NTBRA, both incorporate tracked changes of what each of the respective groups considered needed to be modified, in addition to the already tracked changes in the revised version of the SMP provided to them by staff.

It is worth noting that the October 2019 version of the report being recommended for endorsement incorporates some of the additional changes suggested by the groups but not all noting there are still some areas of difference of opinion between the groups.

 

Attachments

1.          Draft Site Management Plan, Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve October 2019

2.          Council Report 18 September 2019 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve


Council

30 October 2019

Item 11.4 - Attachment 1

Draft Site Management Plan, Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve October 2019

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

30 October 2019

Item 11.4 - Attachment 2

Council Report 18 September 2019 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 

 


Council

30 October 2019

 

Staff Reports –  Governance And Strategy

 

30 October 2019

  

12.1            Tender for the Supply of Electricity for Buildings & Facilities and Unmetered Public Lighting 254

12.2            Related Party and Pecuniary Interest Disclosure Returns 1 July 2018 to 30 June 2019 257

12.3            Draft Organisational Service Standards Policy................................................. 261


Council 30 October 2019

Item 12.1

 

12.1. Tender for the Supply of Electricity for Buildings & Facilities and Unmetered Public Lighting     

 

The evaluation of tenders received in response to Local Government Procurement’s tender process for the Supply of Electricity for Buildings & Facilities and Unmetered Public Lighting has been completed, in accordance with the Maximum Price Acceptance Declaration the outcome is presented to Council for consideration.

 

Acting Director Business and Governance  

 

 

Officer’s Recommendation

1. That Council note the report and accept the Local Government Procurement evaluated outcome outlined in the Confidential attachment

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

 

Executive Summary             

The contracts for the supply of electricity are due to expire on 31 December 2019. The supply of electricity is broken into three categories – large sites, small sites and street lighting, of which, Bega Valley Shire Council has assets within all three categories.

Local Government Procurement (LGP) conducted a tender process on behalf of over 60 organisations for the abovementioned categories and has advised ‘that it received extremely competitive bids for the supply of electricity…the bids received showed significant reductions over the benchmark pricing identified in the Maximum Pricing Acceptance Declaration (MPAD)’.

The evaluation reports and detailed pricing analysis (as appended) is presented to Council for consideration.

Background

LGP conducted an Expression of Interest (EOI) to establish a panel of licensed energy retailers holding accreditation to provide electricity offers in New South Wales.

On 10 May 2019, LGP approached all NSW Council’s advising that it will be going to tender for the supply of electricity for large and small sites as well as street lighting and provided the opportunity for Councils and other organisations to express interest in the process.

Following expressing interest, LGP provided a MPAD outlining the maximum price that had to be bettered by the tender process to each EOI organisation to enable LGP to commit to the tender outcome on Council’s behalf.

The tender process was divided into two stages, both of which were selective processes via the previously established panel of licensed energy retailers.

Stage 1 consisted of large sites and streetlighting. Tender documentation was issued on 13 August 2019 and closed 29 August 2019, with the recommended outcome provided on 6 September 2019.

Stage 2 consisted of small sites. Tender documentation was issued 14 August 2019 and closed 5 September 2019, with the recommended outcome provided on 20 September 2019.

The technical evaluation for both stages was initially performed by Trans Tasman Energy Pty Ltd (TTEG) and the detailed report reviewed and validated by LGP.

Council officers have consolidated current and tendered rates for comparative purposes to inform Councillors’ decision.

Options

Council can accept the LGP evaluated outcomes which will see an increase to current pricing, however, is an accurate reflection of current market conditions.

Alternatively, Council can choose to conduct its own processes prior to contract expiry, however, this would create a risk of not bettering the LGP result and result in additional expenses and require additional staff resourcing.

Financial and resource considerations

Provisions had been made in the current and upcoming budget for the electricity increases which commence on 1 January 2020. All electricity accounts for sites across water, sewer, general fund and waste are funded from revenue, unless they are part of a funded program.

Legal /Policy

The tendering requirements of the Local Government Act 1993 (NSW), specifically Section 55(3)(a) and clause 163(1B) of the Local Government (General) Regulation 2005 (NSW) do not apply to a contract for the purchase of goods, materials or services specified by the Local Government Procurement Partnership (i.e. LGP) ‘made with another person so specified, during a period so specified and at a rate not exceeding the rate so specified’.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 6 Strong, Consultative Leadership

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

Risk

LGP have significant buying power as the tendering process was conducted on behalf of 60+ organisations across the three categories, if the LGP evaluated outcome is not accepted then Council will be required to conduct its own processes prior to 31 December 2019 to engage a suitable energy retailer, creating a risk that Council will not be able to achieve a better outcome.

 

Attachments

1.            Memo to Councillors re: Electricity Pricing (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.            Tender for the supply of electricity for building & facilities and unmetered street lighting (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.            EL0519 stage 1 large and street lights outcome letter to participants (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.            EL0519 stage 2 SME sites outcome letter to participants (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.

 

 

 

 


Council 30 October 2019

Item 12.2

 

12.2. Related Party and Pecuniary Interest Disclosure Returns 1 July 2018 to 30 June 2019     

 

This report confirms the lodgement of Related Party and Pecuniary Interest Returns by Councillors and Designated Persons for the period 1 July 2018 to 30 July 2019.

 

General Manager  

 

 

Officer’s Recommendation

That Council note the report on the lodgement of Related Party Returns and Disclosures by Councillors and Designated Persons Return forms for the period ending 30 June 2019 and the positions required to submit returns for the period ending 30 June 2020.

 

Executive Summary

Council must comply with disclosure requirements under its Code of Conduct and the following legislation and guidelines:

Local Government Act 1993, Australian Accounting Standard AASB124 Related Party Disclosures and the Australian implementation guidance for not-for-profit public sector entities (AASB.124), the Privacy and Personal Information Protection Act [PPIP] (1998), and the Government Information Public Access Act [GIPA] (2009).

Related Party Returns and Annual Disclosure by Councillors and Designated Person Forms are due to be lodged by 30 September each year (within three months of the end of financial year).  There are no outstanding returns or forms for the period ending 30 June 2019.

The register of Pecuniary Interest Returns by Councillors and Designated Persons returns can be viewed at Council’s administration office, Zingel Place Bega, on request.

Background

Related Party Disclosures

The disclosures of interest within this requirement pertain to: Councillors; key management personnel; their close family members; as well as any entity controlled or jointly controlled by any of them.  The following persons were required to submit a Related Party Disclosure Form.  These forms are provided to Council’s Auditors as part of the annual financial audit process

Name

Position

Comments

Allen, Tony (Anthony)

Elected Official

Lodged

Bain, Robyn

Elected Official

Lodged

Dodds, Jo

Elected Official

Lodged

Fitzpatrick, Russell

Elected Official

Lodged

Griff, Cathy

Elected Official

Lodged

McBain, Kristy

Elected Official

Lodged

Nadin, Mitchell

Elected Official

Lodged

Seckold, Elizabeth (Liz)

Elected Official

Lodged

Tapscott, Sharon

Elected Official

Lodged

Barnes, Leanne

General Manager

Lodged

McMahon, Anthon

Director

Lodged

Howe, Alice

Director

Lodged

Stubbs, Graham

Director

Lodged

Churchward, Nina

Executive Manager

Lodged

Disclosures by Councillors and Designated Persons Return

The Local Government Act 1993 (the Act) requires Councillors, the General Manager, Directors/Executive Manager and people nominated by the Council as “Designated Persons” to complete Pecuniary Interest Returns.

The Act provides for investigation of complaints concerning non-disclosure, incomplete sections and penalties for breaches. 

The special disclosure of pecuniary interest must be in the form prescribed by the Regulations and laid on the table at a meeting of the Council as soon as practicable after the disclosure is made.

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.

Councillors

Councillors are required to lodge Disclosures by Councillors and Designated Persons forms Annually and, in relation to business before Council, as outlined in Council’s Code of Conduct and the Local Government Act 1993.  Councillors are asked to note the form of the Pecuniary Interest Returns is covered by Regulation.   Each section of the Return must be answered.  Officers from the Office of Local Government may make inspections from time to time.

Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP).  The following Councillors, elected in 2016, have lodged both returns for the period 1 July 2016 to 30 June 2017:

·    Allen, Tony (Anthony)

·    Bain, Robyn

·    Dodds, Jo

·    Fitzpatrick, Russell

·    Griff, Cathy

·    McBain, Kristy

·    Nadin, Mitchell

·    Seckold, Elizabeth (Liz)

·    Tapscott, Sharon

Independent Audit Committee

Members of the community appointed to Council’s Independent Audit Committee, are required to lodge a Disclosures by Councillors and Designated Persons Return.  Current members of the Independent Audit Committee have lodged forms.

·    Mr Geoff Steel

·    Mr Terry Bunn

·    Mr Roger FitzGerald

Other Committee Members

Although the Council has traditionally not “designated” members of its various Community Committees and it is not envisaged that it will, the obligations under the Act still applies to these members.  Committee members are required to observe the Pecuniary Interest Provisions of the Act and declare an interest and not vote on matters in which they have a pecuniary interest.  They must also leave the room in which the meeting is being held, after declaring an interest.  All Council Committees are aware of this provision of the legislation.

Designated staff members

The following list represents the staff roles considered as officers required to submit a Pecuniary Interest Return for the period 1 July 2018 to 30 June 2019.

Staff filling these positions will be required to submit returns for the 1 July 2019 to 30 June 2020 period:

·    Building Services, Technical Officer

·    Coordinator Biosecurity Invasive Species

·    Coordinator Rangers

·    Development Engineer

·    Director Assets and Operations

·    Director Community, Environment & Planning

·    Director Strategy and Business Services Group CFO

·    Economic Development Manager

·    Environmental Health and Building Surveyor

·    Executive Manager, Organisational Governance and Development

·    Finance Manager

·    General Manager

·    Graduate Town Planner

·    Manager Community Connections

·    Manager Community, Culture and Information

·    Manager Compliance and Certification (Acting)

·    Manager Health and Building Services

·    Manager Planning and Sustainability

·    Manager Recreation and Leisure

·    Planning Coordinator

·    Projects and Development Manager

·    Property and Facilities Coordinator

·    Senior Development Engineer

·    Senior Environmental Health and Building Surveyor

·    Senior Town Planner

·    Strategic Planning Coordinator

·    Strategy and Assets Manager

·    Town Planner

·    Waste Manager

·    Water and Sewerage Services Manager

·    Works Manager

 

Attachments

Nil

 


Council 30 October 2019

Item 12.3

 

12.3. Draft Organisational Service Standards Policy       

 

This report seeks Council's approval to publicly exhibit a draft Organisational Service Standards Policy.

Acting Director Business and Governance  

 

 

Officer’s Recommendation

1.    That Council publicly exhibit draft Policy 6.13 – Organisational Service Standards        (Attachment 1) for a period of not less than 42 days.

2.    At the conclusion of the public exhibition period, Council officers either finalise the Policy,   if there are no material changes arising from the exhibition process, or prepare a further             report to Council identifying proposed changes to the Policy.

 

Executive Summary

Council has an adopted Policy 6.13 – Customer Service (Attachment 2), which is now being reviewed to align with the revised Community Engagement Strategy.  As part of that review, a range of amendments are proposed to broaden the reach of the policy and provide more clarity about the level of service that Council will provide.  These changes are documented in a revised draft Policy 6.13 – Organisational Service Standards (Attachment 1).  Community feedback on the draft Policy is now sought.

Background

Council has recently revised its Community Engagement Strategy and, on 18 September, resolved to place the revised draft Strategy on public exhibition.  That report to Council identified that amendments to Council’s Customer Service Policy would be required to align with the revised draft Strategy.

The current Customer Service Policy was last reviewed in 2017 and is due for regular review in 2021.  This review has been brought forward to allow alignment with the revised Community Engagement Strategy.

Options

Options available to Council are to:

1.    Adopt the recommendation to publicly exhibit the draft Policy (Attachment 1). This is the recommended option.

2.    Retain the current Policy (Attachment 2).

3.    Amend the draft Policy prior to public exhibition. Councillors would need to identify proposed amendments.

Community Engagement

Consultation undertaken

Input to the draft Policy has been sought from Councillors, Council’s Strategic Leadership Group, and staff in Records, Customer Service and Communications.

Consultation planned

It is proposed that the draft Policy be publicly exhibited to provide all those who interact with Council with the opportunity to contribute feedback.

Council consideration of input

Council staff will consider feedback received during the public exhibition period and provide a further report to Council.

Financial and resource considerations

There are minimal direct financial and resource considerations associated with the proposal.  The costs of the public exhibition process and staff time to prepare and exhibit the draft are incorporated into Council’s adopted budget.

Legal /Policy

Council is required to periodically review its policies to ensure that they remain aligned with Council’s strategic direction and fit for purpose. 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This proposal aligns with the following elements of Council’s Community Strategic Plan:

Outcome 6:        Strong, consultative leadership

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

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

Environmental, Economic and Social Impacts

There are no direct environmental, economic or social implications of the recommendation to publicly exhibit the draft Policy.

Risk

Development and public exhibition of local policy is a core activity of local government, and does not present additional risks to Council.  The revised Policy has the potential to reduce financial and reputational risk to Council by reducing the time spent by staff in responding to customer enquiries about the timeframes that they can expect their requests for service to be met, improving community understanding of the service levels Council is able to meet, and increasing the level of service provided by Council by providing clarity to staff about expected response times.

 

Attachments

1.          Draft Policy 6.13 - Organisational Service Standards

2.          Current Policy 6.13 - Customer Service Standards

 


Council

30 October 2019

Item 12.3 - Attachment 1

Draft Policy 6.13 - Organisational Service Standards

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

30 October 2019

Item 12.3 - Attachment 2

Current Policy 6.13 - Customer Service Standards

 

PDF Creator


 

PDF Creator  

 


Council

30 October 2019

 

Staff Reports –  Finance

 

30 October 2019

 

13.1            Referral of the 2018/19 Financial Statements to Audit.................................... 270

13.2            Certificate of Investment.................................................................................. 272


Council 30 October 2019

Item 13.1

 

13.1. Referral of the 2018/19 Financial Statements to Audit     

 

Each year under the Local Government Act 1993 the annual Financial Statements are required to be referred by Council to the Auditors.

 

Acting Director Business and Governance  

 

 

1.       That Council resolve that the Council’s General Purpose Financial Report is prepared in accordance with:

a)    The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)    The Australian Accounting Standards and professional pronouncements; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    Presenting fairly the Council’s operating result and financial position for the year; and

e)    Accord with Council’s accounting and other records.

2.       The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)    Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)    Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)     Accord with Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement.

4.       That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the Statement required by Section 413(2)(c) of the Local Government Act 1993.

5.    That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

 

Executive Summary

Adoption of the recommendation will ensure Council complies with end of financial year reporting requirements of the Act.

Background

In accordance with Section 413 of the Local Government Act 1993 (the Act) Council must “refer to audit” the Financial Reports for the financial year ending 30 June 2019.

Section 413 of the Act outlines Council must refer its Financial Reports to audit prior to them being audited.

Council’s audit of Financial Reports for the financial year ending 30 June 2019 will commence on 4 November 2019.

Section 413 of the Act advises Council must make a statement in the approved form as to its opinion on the preparation of the general purpose Financial Report (and by extension the Special Purpose Financial Report). 

The following recommendation also provides the necessary authority for the Mayor, Deputy Mayor, General Manager and Responsible Accounting Officer to complete the General Purpose and Special Purpose Financial Reports after audit.

Council has been granted an extension from the Office of Local Government to have the 2019 Financial Statements completed by the 30 November 2019.

The attachments to this report will be circulated to Councillors prior to the meeting.

Issues

Strategic

In order to strengthen Council’s governance framework, the draft Financial Reports were to be first presented to the Audit, Risk and Improvement Committee (ARIC), then to Council, prior to the Auditor’s visit on 4 November 2019.  However, due to the extension requested by the Council to present the draft Financial Statements to the Auditors it was unable to follow this preferred option. The ARIC will be consulted out of session in relation to this Audit.

Financial and resource considerations

The financial reports represent a summary of the financial result of Council operations for 2018/2019.

The recommendations in this report do not represent the Council's approval of the 2019 financial reports.

Financial reports are prepared for, and audited by, independent entities. The Council does not approve the annual Financial Reports. This report is solely to meet the requirements under the Act and to meet directions issued by the Office of Local Government.

After Council has finalised its audited financial statements, Councillors will be provided with a workshop to discuss the final results in detail. There will also be a public address from both the Responsible Accounting Officer (Chief Financial Officer) and the Auditor in December 2019.

 

 

Attachments

Nil

 


Council 30 October 2019

Item 13.2

 

13.2. Certificate of Investment     

 

This report details Council’s Investments at the end of September 2019.

 

Acting Director Business and Governance  

 

 

Officer’s Recommendation

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 September 2019.

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

 

Executive Summary

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

All investments have been appropriately recorded in Council’s financial records and reconciled monthly.

Background

Under the Legislation and Regulations mentioned below, the Responsible Accounting Officer must present to Council monthly, 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 June 2010, the monthly Investments Reports are attached to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $86,996,484 at 30 September 2019. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

June 2019

July 2019

August 2019

General Fund

22,515

17,149

24,187

Water Fund

20,135

21,560

21,789

Sewer Fund

37,015

40,206

41,020

TOTAL

79,665

78,915

86,996

 

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

As at 30 September 2019, BVSC’s available cash balance was $1,955,356 and the investment balance was $86,994,484.  The investments are broken up as follows:

 

·     TCorpIM Cash Fund - $39,102,513

·     TCorpIM Strategic Cash Fund – 47,893,971

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

Legal /Policy

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

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

The report must also include a Certificate as to whether the investments have been made in accordance with the Act, the Regulations and the Council’s Investment Policy.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

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

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

 

Attachments

1.          Investment Report TCorp Cash Fund September 2019

2.          Investment Report TCorp Strategic Cash Fund September 2019

 


Council

30 October 2019

Item 13.2 - Attachment 1

Investment Report TCorp Cash Fund September 2019

 

PDF Creator


Council

30 October 2019

Item 13.2 - Attachment 2

Investment Report TCorp Strategic Cash Fund September 2019

 

PDF Creator  


Council

30 October 2019

 

 

Notices of Motion

 

30 October 2019

 

16.1            Popularly elected Mayor................................................................................... 277

16.2            Correspondence Bega Valley Shire Residents and Ratepayers Association..... 278


Council 30 October 2019

Item 16.1

 

16.1. Cr Mitchell Nadin - Popularly elected Mayor       

 

 

Notice of Motion

That Council hold a constitutional referendum at the 2020 Council elections with the question to be “That the Bega Valley Shire Council Mayor be elected by the electors” and include provisions for the increased election costing in forward estimates for the 2020/21 financial year.

 

 

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

 

A constitutional referendum can be held at the time of the next election in 2020 and would then, if successful, allow for the election of a popularly elected mayor at the 2024 Council elections. Holding such a referendum to coincide with Council elections is the most cost effective manner in which to undertake this and allow for community input.

 

Councillors previously considered this matter in April this year however I believe that some Councillors may have changed their minds in relation to the matter so believe further consideration is required.

 

The  General Manager has received advice from the NSW Electoral Commission that the cost of this additional referendum would be a 10% increase in the election cost, this equates to approximately $33,000 which would need to be included in the 2020/21 budget.

Cr Mitchell Nadin

 

Attachments

Nil

 


Council 30 October 2019

Item 16.2

 

16.2. Cr Russell Fitzpatrick - Correspondence Bega Valley Shire Residents and Ratepayers Association        

 

 

Notice of Motion

That Council staff only respond to the BVSRRA correspondence within the priorities of the Council’s resources and that any items requiring current or historical financial data be refused until Council staff are in a position to reply.

 

Background

Over the past several months or so correspondence requests from the BVSRRA have continued at a level that is impacting staffing capacity, particularly in finance. There is no evidence that any of these pieces of correspondence have been considered by anyone other than the author or the President of the Bega Valley Ratepayers Association. The repeated requests on the same matters, and in particular a number of recent items are requesting back financial records up to 10 years for items such as Councillor expenses, electricity charges by site and item, airport items relating to resolutions and actions back to 2011/12; very technical matters relating to Merimbula Waste and Recycling Centre etc. The BVSRRA have previously advised Council that they will be guided by the organisation as to capacity in relation to responding to their correspondence.

 Council staff are currently  finalising 2018/19 financials for audit; are preparing for a potential SRV application;  undertaking all of the Delivery Program, Operational Plan, Budget and LTFP processes for the 2020/21 year; and looking to improve Council’s financial management processes.

Councillors are aware that a number of reporting errors and delays occurred over the period 2018 to July 2019 which required a number of delays and re-reporting to Council – this is unacceptable. To ensure that Council staff can focus on this financial improvement approach it is seen as appropriate to advise the BVSRRA that staffing resources are not to be directed at this time to their correspondence.

 

Cr Russell Fitzpatrick

 

Attachments

Nil

   


Council

30 October 2019

 

 

Questions with Notice

 

30 October 2019

 

17.1            Cemetery Review.............................................................................................. 280

17.2            "About Regional" use of BVCCC........................................................................ 282

17.3            Water Restrictions............................................................................................. 284

17.4            Councillor Expenses........................................................................................... 285


Council 30 October 2019

Item 17.1

 

17.1. Cemetery Review     

 

The cemeteries are currently undergoing a review and in light of increasing grave digging costs this process should be brought forward for consideration by Council

 

Cr Bain  

 

Request for report on cemeteries

After my previous question on notice in relation to the Tender for Grave digging in the BVS the answer noted that Council had passed the following motion:

1.    That Robert Jennings Excavations Pty Ltd be acknowledged as the preferred tendered for     RFT 79/17 Gave Excavation, maintenance and related services

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

It is now clear from the fees and charges that the negotiation between the General Manager and Robert Jennings did not “reduce service cost in line with current rates and community expectation” and that this outcome was not brought back to a Council meeting where Councillors could have discussed other options. 

I understand that a Consultant has been employed to look at the strategic direction for the cemeteries in the future and that would provide the framework for future direction. 

Councillors have not seen this report, were not advised that this was happening and the ratepayers of this Shire have had to endure a significant increase in fees and charges for all things cemeteries and that there will be another significant increase in 2019/20.

On this basis I request that Councillors be provided with the full report from the Consultant plus advised of the cost of this consultancy and that a workshop be held by Council staff and Councillors to look at more cost effective ways to manage the cemeteries in the future.

Staff Report

1.   Tender Process

·    The following is a link to the response previously provided on 18 September 2019 outlining the process and all cost increases. The item is No. 17.2.

                                http://begavalley.infocouncil.biz/Open/2019/09/OC_18092019_AGN_514_AT_WEB.htm

·    All fees and charges and staged implementation of increases were workshopped with Councillors and discussed in drafting of the 2018/19 budget.

·    The increases were spread over two years and there is no other large increases I the current tender above CPI increase.

 

 

 

2.   Cemeteries Review as part of Council’s complete asset review process

                        In 2017 Councillors, with staff, undertook a review of all asset classes resulting in                                      the report to Council in December 2017 outlining actions for each asset class. A                                        copy of the Cemeteries executive summary is outlined below.

3.   2019/20

                The current adopted Delivery Plan and Operational plan outlines at  Page 41 the                                               adopted action for Council in relation to this . This action is copied below:

                Page 41 of Current Operational plan:

Project

Develop a strategic plan for the management of cemeteries

Cemeteries & Halls Officer


A Councillor workshop has already been planned (6/11/19) and Councillors have been aware of the work being undertaken by consultants since commencement. To date the first stage of this work has been commenced with a service review and discussion on strategic moving forward will then be scoped prior to the actual strategy being prepared for final Council consideration.

A report on the project, cost of the consultancy, and plans moving forward will be provided to Council and the community for consideration following the conclusion

 

Attachments

Nil

 


Council 30 October 2019

Item 17.2

 

17.2. "About Regional" use of BVCCC     

 

Clarification of the use of the BVCCC by About Regional .

 

Cr Bain  

 

Use of BVCCC

Over the last two months I have noticed that About Regional have taken up space in the BVCC working their operation from the foyer area in the top floor of the building utilising the kitchen facilities etc.  

I understand that there is some “Commercial arrangements” between About Regional and the BVCCC on the basis that About Regional are acting as a consultant to BVSC.   What is the commercial arrangement, how long does this run for and is this arrangement competing with other Commercial landlords in Bega?

Why is it necessary to have a consultant to the BVSC based in the BVCCC and do other consultants set up within the BVCCC or the BVSC buildings when they are undertaking work for the BVSC?

Is this “arrangement” only for About Regional or does the Council envisage letting spaces within the BVCC for other small businesses in the Shire.

Staff Report

In response to Cr Bain’s question the following is provided:

The agreement

·    The Bega Valley Commemorative Civic Centre (BVCCC) have partnered with About Regional to promote the BVCCC.  About Regional work in the BVCCC for up to 10 hours a week. This does not represent their full time workload or other activities which are carried out elsewhere.

·    The About Regional marketing agreement commenced on the 1st of July, 2019 and is in place for 12 months.

Other consultants

·    About Regional is not the only consultant to work in a Council premise when undertaking work for which they have been contracted by Council. Council consultants have also worked in the BVCCC in a range of roles and on projects.

·    In a large number of cases consultants engaged by, and working with, BVSC work in Council provided office space. This is a usual part of working with consultants. This could be a library, or in the Council administration building. For example consultants working on Council’s major projects (airport,  sewer etc), the auditors will be operating out of the Council building over the coming several weeks and did so earlier in the year, and it is likely that the Electoral Commission will operate from a Council facility (potentially the BVCCC) over the lead up to and carrying out of the Council elections.

 

 

 

Only for About Regional

·    This is not small business running their business out of a Council facility as About Regional, obviously works much more than a 10 hour week.

·    The clear direction for the Shire and a number of facilities (Council and other) is a direction to co-working and Council is supporting this approach to develop in a number of towns. The way of working is changing and it is important for regional areas to reflect this.

·    Council’s libraries and open spaces (serviced by our free WiFi) are often used by local businesses or workers working locally. This is a positive outcome for the Shire.

 

 

Attachments

Nil

 


Council 30 October 2019

Item 17.3

 

17.3. Water Restrictions     

 

Cr Fitzpatrick  

Question with Notice

Would the General Manager or Director –Assets and Operations advise the community of the current position in relation to water supply in the Bega Valley and if Bega valley Shire has any intention of placing Water Restrictions on users now or in the near future?

Background

Currently most Shires in NSW have water restrictions in place including our neighbouring Shire Councils of Eurobodalla and Snowy Monaro. The current drought in all of NSW is causing concern and consumers are worried about water usage and availability of supply in both the short term and through summer if rains are not forthcoming. Most people not on the” town water” system are now purchasing truck loads at considerable cost just to meet household needs.

Staff report

This question was received at the closing time for the business paper and a report will be provided to the next meeting.

Attachments

Nil

 


Council 30 October 2019

Item 17.4

 

17.4. Councillor Expenses     

 

Cr Fitzpatrick  

Question with notice

Could Councillors and the community be provided with a report as to Councillor Expenses for the past 3 years detailing the expenditure including all items that are direct Councillor payments and indirect costs?

Preamble

Recent Media reports relating to the recently released “Your Council” website have quoted that Councillor expenses of the Bega Valley Shire were in excess of $100,000 for a particular financial year.

This figure would not include payment of Councillor Remuneration’s so like most I was alarmed at the figure and would like to see a full break up of these costs to ensure the public that Councillors are being frugal with ratepayer’s funds.

At the Council Elections I heard the quote from nearly all candidates that the finances of Council should be open and transparent and such a report would at least show that councillors are willing to have their costs opened to the public.

Staff Report – General Manager

The figures represented in the “Your Council” website list include the Mayoral and Councillor allowances for 2017-2018 - Mayor $41,090 and Councillor (total for the nine Councillors) is $181,200. These are reported annually.

The costs attributed to governance which, except for childcare reimbursement, are not paid directly to Councillors but are a cost of the governance of the organisation at a Council level are also included in the annual report. These are included in the table below.

Expense

2017-18

2016-17

2015-16

Mayoral Allowance

 $    41,090.00

 $    41,090.00

$40,100.00

Councillor Allowance

 $  181,200.00

 $  176,000.00

$165,420.00

 

 $  222,290.00

 $  217,090.00

$205,520.00

Childcare Reimbursement

 $       1,200.00

 $       4,000.00

$3,800.00

Training - CPD Induction and Development

 $    15,400.00

 $    18,000.00

$11,400.00

Other Delegate #

 $    16,200.00

 $    52,800.00

$53,000.00

Food and Catering

 $    16,000.00

 $    19,000.00

$25,000.00

Publication and Subscriptions#

 $    77,000.00

 $       5,000.00

$11,000.00

Telephone and Communication

 $       4,700.00

 $       4,000.00

Mayor Vehicle

 $    11,900.00

 $    10,000.00

$13,600.00

Conference and Seminars

 $    23,500.00

 $    12,000.00

$12,000.00

Interstate visits Councillors, ##

 $       1,500.00

 

 $  165,900.00

 $  126,300.00

$129,800.00

 $  388,190.00

 $  343,390.00

$335,320.00

# Other delegate expenses included membership of LGNSW in 2015-16 and 2016-17 which was moved in 2017-18 to Publications and Subscriptions which also now includes the CRJO ($29,975) LGNSW ($42,236) and several  minor IT systems subscriptions. The CRJO membership commenced in 2017/2018.

## Reflects the only interstate travel over this three year period which was Cr Nadin’s attendance at a conference in Tasmania. Canberra is not classified interstate for this reporting. In 2020-21 the cost of the election will also be included in this budget area.

The Annual Report for 2017-18 was prepared and the document without the attached financials reported to Council on 21 November 2018.

It was provided to the Office of Local Government, and the audited financials were also subsequently provided.

In the published Annual Report 2017-18, there is a translation error from the previous table into the document.

It identifies correct amounts against incorrect categories and does not include the full table. This was not picked up by anyone until the “Your Council” website was launched and the BVSRRA brought it to Council’s attention.

The financials were inputted when financial end of year was completed. I cannot confirm the process or timing of this, however can confirm that the correct figures as included in the table in this report are correct.

Without extensive research into what different Councils include in their reporting against Council expenses, I cannot at this time confirm why the three south coast councils (including Bega Valley) are higher than their group averages. My initial observation would be travel costs and different budget line items being included in the budget area.

I apologise for the error in the Annual Report.

As previously advised, over the period of the last financial year, there have been a number of errors and reporting issues in the finance area. Whilst these have not been material they are a significant issue which needed to be addressed. I have instigated a financial improvement approach with the CFO and am confident that we are returning to a better practice approach. This is a priority area for me.

Attachments

Nil