Agenda of Council - 21 November 2012

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 and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department 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?

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

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
Division of Local Government (DPC)	(02) 4428 4100	dlg@dlg.nsw.gov.au	www.dlg.nsw.gov.au
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

TO: The General Manager
Bega Valley Shire Council

Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act and regulations or dispensation issued by the Division of Local Government I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd mm yy

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

	Item no & subject
	Interest (tick one)	Pecuniary interest Non-pecuniary conflict of interest
	* Nature of interest
	If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber

Signed
Print Name	Councillor

* Note: Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

Council 21 November 2012

AGENDA

Presentation by Council’s Auditor – 2011/2012 Audited Financial Statements

Mr Wayne Beauman of RSM Bird Cameron will give an overview of the 2011/2012 Audited Financial Statements

1 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 31 October 2012 as circulated, be taken as read and confirmed.

2 Apologies and requests for leave of absence

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4 Deputations (by prior arrangement)

5 Petitions

6 Mayoral Minutes

7 Adjournment to Standing Committees

	Recommendation
	That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8 Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1 Review of Native Vegetation Regulation 2005.................................................... 13

8.2 Alcohol Free Zone - Merimbula........................................................................ 21

8.3 Delegation of Minister for Planning and Infrastructure Functions - Making of Local Environmental Plans............................................................................................................ 25

9 Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

9.1 Nominations to Council's Hall and Cemetery Community Committees................. 37

9.2 Future operational and funding model for Compacks Program............................. 81

10 Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

10.1 Tathra Wharf Lease........................................................................................ 87

10.2 National Broadband Network........................................................................... 89

10.3 Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act........................................ 93

11 Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1 Rural Fire Station Formal Handover................................................................ 105

11.2 Flood Damage Repairs................................................................................. 111

11.3 SES Strategic Disaster Readiness Package................................................... 115

11.4 Bega Valley Local Traffic Committee Meeting 7 November 2012....................... 119

11.5 Hard Waste Collection Services at Eurobodalla Shire Council........................... 121

11.6 Progress Report on 2009/2010 Special Variation for Sportgrounds.................... 131

11.7 Tender RP38/12 Supply and Delivery of One Class 20 Excavator...................... 135

11.8 Bega Town Hall Expression of Interest (Stage 2)............................................. 137

12 Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1 Southern Councils Group Minutes of Meeting 15 August 2012.......................... 151

12.2 Certificate of Investments made under Section 625 of the Local Government Act 1993 153

12.3 Annual Report 2011-2012.............................................................................. 157

12.4 Regional Development Fund round 3 and 4 projects......................................... 163

12.5 The Regional Airport Development Conference - Sydney January 2013.............. 169

12.6 Citizen of the Year and Young Citizen of the Year 2013................................... 177

12.7 2012/2013 September Quarterly Budget Review Statement............................ 179 .

13 Adoption of Reports from Standing Committees

14 Delegates Reports

15 Rescission/alteration Motions

15.1 Tender 26/12 Littleton Gardens Public Toilet................................................... 381

16 Notices of Motion

17 Urgent Business

18 Questions On Notice

18.1 Cr Fitzpatrick Lake Curalo Boardwalk ............................................................ 385

18.2 Cr Fitzpatrick - Native Vegetation Act............................................................. 387

18.3 Council's Commitment to 50/50 by 2020......................................................... 389

18.4 Provision of report on Bega Recreation Ground Update.................................... 395

18.5 Parking Problems 161 Auckland Street, Bega................................................. 397

19 Questions for the Next Meeting

20.. Confidential Business

21 Adoption of reports from Closed Session

22 Resolutions to declassify reports considered in closed session

Council 21 November 2012 Item 8.1

8.1. Review of Native Vegetation Regulation 2005

The Native Vegetation Regulation 2005 is being reviewed by the NSW Government. This report provides information about the existing legislation, the proposed changes and potential implications for Council and the Bega Valley Shire.

Group Manager Planning & Environment

Background

At the Council meeting of 9 October 2012, Cr Fitzpatrick asked about the review of the native vegetation legislation and requested that a report regarding the matter be prepared for Council.

It should be noted that the Native Vegetation Act 2003 is not being reviewed. The current review is only of the Native Vegetation Regulation 2005.

Existing Situation

Native vegetation management in NSW is guided by the Native Vegetation Act 2003 (NVA) and the Native Vegetation Regulation 2005 (NVR). The legislation came into effect in late 2005. The Native Vegetation Act 2003 currently applies to all “rural lands” and does not apply to urban land, being land zoned residential (other than rural residential), village, township, industrial or business/commercial.

Approvals to clear native vegetation on rural land can be obtained currently through a number of means:

a. Development Consent – clearing of native vegetation may require development consent from the NSW Office of Environment and Heritage (OEH),

b. Property Vegetation Plans (PVPs) – voluntary agreements negotiated between the landholder and the Catchment Management Authority (CMA), and

c. Private Native Forestry Property Vegetation Plans.

Development consents and PVPs that propose to clear remnant native vegetation can’t be approved unless they can demonstrate that they will “improve or maintain environmental outcomes”. This may mean that a landowner will need to agree to certain “offsets” so the clearing can proceed. Offsets are actions a landholder can agree to undertake to balance the impact of the proposed clearing. Offsets, for example, can be by agreement to protect and improve the condition of native vegetation on another part of the property, by undertaking rotational grazing, by fencing to enable regeneration, or by improving habitat via the control of non-noxious weeds and pest animals.

The Native Vegetation Regulation provides a list of exemptions from approval for Routine Agricultural Management Activities (RAMAs). RAMAs cover a wide range of day-to-day farming activities. Clearing of native vegetation associated with RAMAs is permitted without approval:

· when undertaken to the minimum extent necessary and within specified distance limitations where they apply; and

· so long as any other approvals necessary for the work, such as building approval, are first obtained.

Implementation of the NV Act in the Bega Valley Shire

The Southern Rivers Catchment Management Authority (SRCMA) deals with native vegetation clearing approvals under the NVA and Regulation. SRCMA have advised that there have only been 12 vegetation clearing property vegetation plans issued since commencement of the legislation within the Bega Valley Shire. None of these vegetation clearing applications have been for agricultural purposes. Most have related to the development of access roads for subdivisions.

The legislation has had no impact on Council’s own day to day operations. Vegetation clearing required as part of large infrastructure projects is covered by the Infrastructure State Environmental Planning Policy and is generally addressed through a “review of environmental factors” (REF).

The South East Region of Councils (SEROC) has made a submission regarding the Review of Native Vegetation Regulation. It is important to note that the majority of councils in SEROC are Monaro/tableland councils (apart from Eurobodalla) and have quite different issues than the Bega Valley regarding the application of the existing NVR, in particular management of native grasslands. The SEROC submission was generally supportive of the proposed draft, but also sought clarification of some issues (see Attachment).

Proposed Changes to the Regulation

Submissions regarding the Native Vegetation Regulation review closed on 31 August 2012 and the latest advice from the SRCMA is that the review of submissions is nearing finalisation, but that the implementation of the new regulation is unlikely to occur until mid 2013.

The NSW Office of Environment and Heritage (OEH) notes that the review of the NVR is, “….to ensure that it allows farmers to manage their land, while protecting the natural resources and environment upon which sustainable agriculture and forestry are based.”

Council staff have been involved in briefings with the SRCMA regarding the review of the NVR, but did not make a formal submission owing largely to the nature of the recommended reforms. The Southern Councils Group also did not make a submission.

The proposed review is, according to information provided by the NSW OEH, aimed at ‘reducing red tape’, improving service delivery for landholders, providing greater flexibility and more practical rules, and supporting voluntary compliance. The changes to the NVR are principally focussed on expanding the scope of clearing that can be done without requiring formal approval.

The draft regulation proposes additions to the activities that landowners and public utilities can undertake without approval (via RAMAs) including:

· Vegetation clearing of buffers to certain farm infrastructure including fences and roads,

· Clarifying exemptions for the clearing of native vegetation for construction timber,

· Expanding exemptions for the management and maintenance of public infrastructure (electricity transmission, etc) to allow for construction, operation and maintenance of telecommunication infrastructure to all lands (not just Crown lands). For example, this will remove the need for second approvals from CMAs for phone towers.

· Vegetation clearing for certain types of development on rural land including dwellings, dual occupancies, secondary dwellings and semi-detached dwellings. This will remove the current requirement for a second approval from the CMA.

· Clarifying requirements for land set aside by landholders for permanent conservation purposes to allow for vegetation clearing when required for management actions without needing approval from the CMA.

· A new RAMA allowing planted native vegetation to be cleared without approval from the CMA. This includes vegetation planted for stock shelter, soil protection or water quality improvement.

Native vegetation clearing proposals are currently assessed through the “Environmental Outcomes Assessment Methodology” (EOAM). The EOAM is a computerised tool that the CMA uses to determine the level of offsets required for clearing based on the extent of the clearing, type of vegetation being cleared and environmental impact of the clearing.

The review is proposing to overhaul the EOAM, in order to reduce the processing time for minor clearing proposals and reduce the extent of offset activities required.

It should be noted however that, as with any review, the actual changes to the Regulation may not be as per the exhibited Draft Regulation.

ISSUES

Legal

The objects of the Native Vegetation Act 2003 will not be affected by the review of the Regulation.

The new Regulation is not likely to be in place until mid-2013 and, at this stage, Council staff do not foresee any problems or concerns for the Bega Valley Shire, nor for Council’s own operations.

Policy

Some guidelines and procedures may require amendment by NSW OEH and/or CMA to better reflect the changes to the RAMA definitions.

Economic

Although the legislation has not had a large impact in the Shire to date, the review is aimed at improving flexibility and reducing ‘red tape’ for farmers and landowners and therefore any changes may potentially assist local agricultural and land development outcomes.

Financial

There is unlikely to be any financial impact on Council operations.

Resources (including staff)

There will be no impact on resources. The current operational Protocol / Memorandum of Understanding that Council has with the Southern Rivers Catchment Management Authority (resolved by Council in July 2007) does not require amendment.

Conclusion

The consultation period for the review of the NVR closed on 31 August 2012. Staff did not make a submission regarding the review, although a briefing with the SRCMA was attended.

The review of the Native Vegetation Regulation 2005 is aimed at increasing flexibility and reducing red tape and complexity in native vegetation management for landholders. The exhibited draft Regulation proposes a simplification of native vegetation management processes, but is unlikely to alter Council’s role in those processes nor impact on Council’s own operations.

Staff are of the view that there may be a small positive impact on rural landholders in the Shire.

ATTACHMENTS

1 View. SEROC Submission to NVR Review

Recommendation

That Council note the report.

Council 21 November 2012 Item 8.2

8.2. Alcohol Free Zone - Merimbula

This report relates to an application from NSW Police for the re-establishment of an alcohol free zone in the commercial area of Merimbula.

Group Manager Planning & Environment

Background

On the 22 May 2012 Council resolved:

1. That the application from the NSW Police Service for the establishment of an alcohol free zone in Market Street Merimbula as depicted in Map No. 1 of the report to Council of 22 May 2012 be advertised for a period of 14 days in accordance with Section 644A of the Local Government Act 1993 and the NSW Department of Local Government Ministerial Guidelines on Alcohol Free Zones.

2. That upon expiration of the consultation period, the proposal to establish the alcohol free zone in Merimbula be reported to Council for determination pursuant to S.644B of the Local Government Act 1993.

3. That consultation take place with the NSW Police Service to extend the Alcohol Free Zones into Main Street (from Cameron Street to Reid Street) and Alice Street and Beach Street between Alice Street and Market Street.

ISSUES

The proposed zone was advertised in local media and Council received two submissions from business proprietors that requested extension of the zone and one requesting clarification of the location of signage.

Market Street: The proprietor of the Albacore apartments has requested that the area be extended further south over the causeway bridge. There are a number of benches in the location leading up to the bridge where people tend to congregate on leaving venues in the commercial precinct and continue drinking and/or create a general nuisance late at night.

Merimbula Drive, Reid Street and Sapphire Coast Drive: The proprietor of Sapphire Waters Motor Inn has indicated that in the last two years they have requested police assistance with a series of antisocial behaviours from persons that were intoxicated who were returning to various accommodations in the general area.

8 Staff Comment:
The extension of the area to at least the causeway bridge on Market Street is supported and would provide the opportunity for the police in moving individuals and groups away from an area in which they tend to congregate late in the evening and early morning.

There would appear to be some merit in extending the identified alcohol free zone (AFZ ) to at least Sapphire Coast Drive and Reid Street as the access from Palmer Street (which has been a problem location for Police), providing an opportunity to control individuals and groups as they move toward accommodation to the north and west of the commercial precinct.

The revised area for consideration by Council is included in Appendix 1.

The owner of the ‘Cantina’ enquired about the location of AFZ signage as his business utilises a section of public space adjacent to his premises (under licence from Council).

8 Staff Comment:
Signage in this vicinity will remain in the location where the outdated signs presently exist and will not have any impact on the ‘Cantina’ and its use of the public area.

Consultation

The matter of the AFZ was subsequently discussed with the police at liaison meetings and it was agreed that, in addition to this Merimbula proposal, the question of AFZs in the Shire should be reviewed. This review was subsequently undertaken with the Police.

It has been identified that apart from the Merimbula request, there is only one other AFZ (Eden) in operation at present.

The police have confirmed that they are supportive of both the proposed Merimbula zone that incorporates the suggestions from both Council and business owners and the current Eden Zone. There are no other areas that they believed are necessary at present.

It is noted that there are various localised reserves and parks that have alcohol free signage that discourages alcohol consumption and these areas were also considered in the review. No additional suggestions have been made from the police in respect to these areas.

Financial

It is estimated that the cost to replace existing signage and sign post the additional areas requested during consultation for the AFZ will be in the order of $3000. These costs are available from the budget allocated to regulated/warning signage.

Resources (including staff)

Signage would be replaced by Council and contract staff.

Conclusion

There were no objections received from the community, publicans and licensees in regard to the advertised proposal. The inclusions of the additional areas are recommended within the limits identified by staff (revised alcohol free zone).

The proposal is supported by the police who see it as a useful tool to assist in their role.

ATTACHMENTS

1 View. Proposed Merimbula CBD Alcohol Free Zone

Recommendation

1. That the application from the NSW Police for the establishment of an alcohol free zone in Merimbula on Merimbula Drive, along Market Street, along Monaro Street from Market to Kyeamba Street, along Wonga Street and Park Street, Palmer Lane, Palmer Car park, Main Street, Alice Street and Alice Street Car park (as depicted in the attachment to the report) be approved in accordance with Section 644B of the Local Government Act 1993.

2. That the alcohol free zone be established for a period of four years and that the establishment of the zone be publicised in the local press once all sign posting has been erected.

Council 21 November 2012 Item 8.3

8.3. Delegation of Minister for Planning and Infrastructure Functions - Making of Local Environmental Plans

Report to advise that the NSW Minister for Planning and Infrastructure has delegated to NSW councils the making of certain Local Environmental Plans and to seek Council’s acceptance of the delegation.

Group Manager Planning & Environment

Background

The Minister for Planning and Infrastructure has advised that as of 2 November 2012 the making of some Local Environmental Plans (LEPs) will be delegated to councils.

The Minister has delegated the following plan making powers to councils:

a) to make – and determine not to make – an LEP under section 59(2), and (3) of the EP&A Act;

b) to defer inclusion of certain matters in an LEP under section 59(3); and

c) to identify which matters must be considered and which stages of the plan-making process must be carried out again prior to resubmission (section 59(4)) if the council defers the proposal or if a matter is deferred from the LEP.

The Minister has advised that, once an authorisation is received, councils will be able to exercise the delegation following a Gateway determination. It should be noted that the “Gateway” allows for an initial approval from the State Government for a planning proposal (draft LEP) to proceed.

When submitting a planning proposal for Gateway determination, a council will be required to indicate whether it wishes to exercise its delegation. Delegations will be routinely issued for particular types of draft LEPs, however other draft LEPs deemed to be of local significance may also be delegated to councils.

The following types of draft LEPs will be routinely delegated to councils to prepare and make an LEP following a Gateway determination that the planning proposal can proceed:

· Mapping alterations,

· Section 73A matters (eg amending references to documents/agencies, minor errors and anomalies),

· Reclassifications of land,

· Heritage LEPs related to specific local heritage items supported by a study endorsed by the NSW Office of Environment and Heritage,

· Spot rezonings consistent with an endorsed strategy and/or surrounding zones, and

· Other matters of local significance as determined by the Gateway.

Summary Of Delegation To Council

The current practice of Council resolving to prepare a draft LEP and seeking Gateway approval to proceed will remain. However, for certain draft LEPs, Council will now be able to seek “authorisation” to use the Minister’s delegation to “make” (finalise) the plan.

This delegation will also enable Council staff to deal directly with the Parliamentary Counsel in the drafting of the legal document that gives effect to the planning proposal.

Currently, Council is required to forward the draft LEP to the Minister for “making” (finalising), however the delegation will enable Council to “make” the plan.

Exercise Of Minister Delegation

The Minister has advised that Council must formally advise the Department of Planning and Infrastructure if the delegation is to be accepted by Council.

Council has also been requested to nominate the officer(s) or employee(s) of Council who will be granted the proposed delegation.

Council’s response is required to be with the Department by Friday 30 November 2012.

Should Council accept the delegation, the General Manager will nominate Council’s Group Manager Planning and Environment, Andrew Woodley, as the officer to be granted the delegation. Further, that in the absence of the Group Manager, Council’s Manager Planning Services, Keith Tull, will be nominated as the alternate.

CONCLUSION

The proposed delegation of the Minister’s plan making function under Section 59 of the Environmental Planning and Assessment Act 1979 will give Council responsibility for LEPs of local significance and streamline the process by removing duplicative steps in the making of LEPs.

ATTACHMENTS

1 View. Letter from Hon. Brad Hazzard MP - return of local planning decisions to local councils

2 View. Planning and Infrastructure circular Delegation of plan making functions

Recommendation

That Council:

1. accept the delegation of the Minister for Planning and Infrastructure functions under Section 59 of the Environmental Planning and Assessment Act 1979.

2. authorise the General Manager to exercise the delegation, noting the Group Manager Planning and Environment, as the Council officer will administer the delegation on behalf of the General Manager.

3. note that in the absence of the Group Manager Planning and Environment, the Manager Planning Services, will be the alternate Council officer to administer the delegation.

Council 21 November 2012 Item 9.1

9.1. Nominations to Council's Hall and Cemetery Community Committees

Nominations for positions on Council’s Hall and Cemetery Community Committees are presented for Council endorsement.

Group Manager Community & Relationships

Background

Council relies heavily on volunteers to nominate for a variety of facility management and service advisory committees. We are fortunate to enjoy one of the highest levels of volunteerism in the State. The willingness of local people to donate their time and energy is a determining factor in the Council’s capacity to deliver the range and quality of services and facilities that are enjoyed by the broader community.

After extensive consultation with committees and stakeholders, hall and cemetery committee guidelines were reviewed and adopted by Council in 2011/12.

The framework Council has adopted is based on two levels of committees – the General [Hall or Cemetery] Committees (section 355 committees) and community committees for individual halls or cemeteries. Council’s Section 355 General [Hall or Cemetery] Committees are the peak advisory bodies constituted under Section 355 of the Local Government Act (1993).

The Section 355 Committees provide input to Council on the operation, management and maintenance of halls and cemeteries around the Shire. The committees are chaired by a Councillor with membership comprising of one representative, and one alternate representative, from each individual [hall or cemetery] community committee.

Under the new guidelines, nominations for all hall and cemetery community committees are sought, in line with Council elections every four years, for appointment by the incoming Council. Each of those committees then nominates one representative and an alternative to represent them on the s355 general committees.

Currently Council has 19 individual hall and 5 individual cemetery community committees. Each committee requires a minimum of five and maximum of twelve community members (no Councillor delegate) to function.

Similar review of Council’s sportsground and reserve committees is currently underway, and once new guidelines are adopted, nominations to these committees will be called for, and reported to Council for appointment at that time.

Details of the nominees received have been provided to Councillors under confidential memorandum in keeping with standard Council practice for such appointments.

ISSUES

Legal

The Local Government Act at s355(b) states that the Council can exercise its functions by a committee of the council. Such committees need not be committees established under clause 260 of the Local Government (General) Regulation 2005. If so Part 10 of the Regulation does not apply to the committees. The members of such committees may therefore be wholly comprised of persons who are not staff or councillors of the Council.

Section 377(1) of the Act permits the Council to delegate its functions to such a body and provides that the Council may do so conditionally. As a result it is usual for a council delegating functions to a committee to do so in accordance with a ‘constitution’ which prescribes the manner in which the committee must operate in order to exercise its functions. The relevant committee guidelines for Council committees form this constitution.

Policy

The roles and responsibilities of the s355 General, and the individual community committees are outlined in the attached guidelines. The main objectives are:

s355 General Cemetery Committee

· Make recommendations to Council on any aspect of cemetery management or operation, including policy, procedures and guidelines,

· Recommend to Council asset development plans for cemeteries,

· Recommend to Council cemetery fees and charges,

· Recommend financial allocations to individual cemeteries from Council or other funding sources.

Individual community cemetery committees

· Assist with general care and maintenance of individual cemeteries

· Nominate a member and alternative to the s355 General Cemetery Committee, and

· Make recommendations related to their individual cemetery via their representative to the s355 General Cemetery Committee.

s355 General Halls Committee

· Make recommendations to Council on any aspect of hall and building management and/or hall and building committee operations,

· Make recommendations to Council on appropriate fees and charges structures for halls and buildings,

· Advise Council of the membership of individual hall and building community committees,

· Recommend financial allocations for individual halls and buildings from Council funds and/or funds from other sources, and

· Establish working groups or special task groups where required and report back to the committee.

Individual community hall committees

· The general care and maintenance of the facility,

· The management of bookings for the broader community’s use of the facility, and

· Nomination of a representative and an alternate for appointment by resolution of Council to the Section 355 General Hall and Building Committee.

Asset

The community committees are currently responsible for nineteen halls, and five of the twelve cemeteries around the shire. Without the input of valuable volunteer committees, Council would require additional resources to operate these facilities and maintain them to the standard the community has come to expect.

Social / Cultural

Volunteerism is a key feature of the community in the Bega Valley. This has been recognised by Council and supporting volunteers will continue to be a major focus for the Council.

Strategic

The management of halls and cemeteries and support of volunteer management committees are identified in Council’s Community Strategic Planning documents through the delivery and operational plans.

Consultation

Extensive consultation was undertaken in the development of committee guidelines which govern both hall and cemetery management by community committees.

In preparation of the call for nominations, regular discussion around the process of nomination to committees every 4 years has been undertaken. Letters to each committee requesting members to re-nominate were sent out in September, followed by numerous emails, phone calls and shire wide advertising via newspapers, Councils website and Facebook.

Financial

There is no direct financial impact from this appointment process. The impact however of not supporting and growing the community committees has the potential to impact the Council’s budget as facilities may return to Council for management and maintenance.

The Community Services budget has an allocation for providing support and training, particularly Work Health Safety training for Council’s volunteers. This is not directly related however to the appointment of the committees.

Resources (including staff)

The nomination process and subsequent induction and training for successful nominees is being conducted by Council’s Volunteering and Cemeteries Coordinator with the assistance of the Hall and Cemetery Liaison Officers. Staff will provide ongoing support for committee members to carry out their delegations.

Conclusion

In total 148 nominations to Council’s Hall and Cemetery community committees have been received. Individual nominations are included on the attached confidential report. This reinforces the commitment from a broad cross section of the community to supporting these valuable assets.

Four community committees have not received enough nominations to form a committee. Council staff will work closely with these committees to recruit additional members and will be reported to a future council meeting. There were no committees that received more nominations than positions available.

Some community members who have decided not to re-nominate, have served their community on these committees for up to sixty years in some cases. It is appropriate ensure that longstanding hall and cemetery committee members with more than 10 years standing, including those that are not re-nominating for this term, are recognised for their valuable contribution.

ATTACHMENTS

1 View. Hall Committee Guidelines

2 View. Cemetery Committee Guidelines and Operations Manual

3 View. Confidential Memo - Summary of Committee Nominations Hall and Cemetery committees (Councillor Only)

Recommendation

That nominees to Council’s individual hall and cemetery community committees (listed on attached confidential memo) be appointed.

That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

That retiring committee members be thanked for their contribution to the respective committees

Council 21 November 2012 Item 9.2

9.2. Future operational and funding model for Compacks Program

Council’s endorsement is sought for acceptance of a funding agreement proposal between NSW Community Options and Bega Valley Shire Council to continue to implement the ComPacks program in the Bega valley.

Group Manager Community & Relationships

Background

ComPacks is a case managed discharge program for people leaving hospital that includes a package of care up to six weeks after discharge. The service was established to assist eligible people who need two or more community services to support their recovery and ensure that people can return home safely with appropriate care once they are discharged from hospital.

The program is administered by NSW Health, brokered by Community Options Inc and only available to Community Options service providers in NSW. The program has been available for five years and Bega was one of the last regions in Greater Southern Area Health Service to be offered the service. The service has been available locally, managed by Bega Valley Shire Council, since 2008 to patients residing in the Bega Valley discharged from any participating hospital.

For the funding period from 1 December 2012 NSW Community Options Projects Inc (COPs) have been successful in securing delivery of ComPacks in a number of regions across NSW. Of the 42 Community Options organisations that were included in the tender process, only 16 have been offered packages. Fortunately Southern Region was among those.

The contract arrangements have changed and Bega Valley Shire Council’s Ageing and Disability Services will no longer enter directly into an arrangement with NSW Health. The peak body NSW COPs will enter into a contract with NSW Health and then will arrange a Member Subcontract Agreement with Bega Valley Shire Council. This agreement is currently being drafted and will include some changes to how business has previously been carried out. NSW COPs will be including a levy that will be charged to each organisation of 3% to cover the new administrative costs associated with delivering this program.

There will be other changes around referrals, invoicing and reporting details. NSW COPs is likely to receive 50% of quarterly funding upfront and the rest retrospectively.

ISSUES

Legal

The draft agreement with NSW COPs will be provided to Councillors under separate cover prior to the meeting. Council is required to sign off on the agreement by 30 November 2012. The new agreement with NSW COPs will commence from 1 December 2012.

Policy

The Council’s commitment to supporting a healthy community is actioned in part through this project. The program supports clients in hospital in their return home.

Social / Cultural

This program fits within current policy, in particular the Liveability theme of the Council’s adopted Community Strategic Plan, Bega Valley 2030.

Currently most people who spend longer periods in hospital or who have frequent admissions are elderly or have complex conditions. The ComPacks program is an important response to these problems. It is widely recognised that people prefer to be in their own homes as soon as they are well enough. Unfortunately for the elderly and those with complex needs, the necessary support services often are not available.

ComPacks provides a source of funding to support clients and address these needs and reduces the high cost of acute care per patient. With an ageing population in the Bega Valley, and the Shire having a 20% greater proportion of people with a disability with complex needs this discharge program goes a long way towards addressing these deficits.

Consultation

Staff have been in contact with other agencies, NSW Health and NSW COPs in relation to planning for a streamlined transition for this program from the current administrative model to the new model.

Financial

Due to this being a fully funded (including on costs) grant program, the financial cost to Council will be nil. There is however an opportunity for the program to offer a small administration and management fee to Council for its auspice.

A detailed acquittal and hand over process is currently being managed which will see the current arrangement with NSW Health cease on 30 November and the new arrangement commence on 1 December. Some transition arrangements will be negotiated for clients whose involvement in the program runs over this period.

Bega Valley is being offered 136 packages with associated funding of $177,000. The appropriate alterations to the budget will be presented in the December budget review following the receipt of the increased funding from NSW COPs. Council has currently budget income from this grant at $126,500. The additional income and the 3% administrative fee to NSW COPs will be reflected

Funding source

Amount

Grant funding NSW Health via NSW COPs

177,000

$

Resources (including staff)

Council’s current staff in the funded programs will continue to manage this program.

Conclusion

This program is extremely important for the Bega Valley Shire community that supports people at a critical time. The ComPacks program has been implemented across NSW, as a way of meeting a gap in services and strengthens Council’s partnerships within the community. The program has been very successful since its implementation in 2008 and Council’s successful application of the program is reflected in the increasing funding and the increase in places supported through the program.

ATTACHMENTS

Nil

Recommendation

1. That Council support the new funding arrangements and increased funding for the ComPacks program from NSW Community Options Inc.

2. That Council authorise the General Manager to execute the contract arrangement with NSW Community Options Inc.

Council 21 November 2012 Item 10.1

10.1. Tathra Wharf Lease

The temporary licence for occupation of the Tathra Wharf is due to expire and in accordance with the Crown Lands Act, Council will be required to undertake a competitive Expression of Interest process, prior to entering into a new lease.

General Manager

Background

Council is the Reserve Trust Manager of the Tathra Wharf Reserve Trust (R180056) for access, heritage purposes and public recreation. NSW Lands have confirmed that the Crown will retain ownership of the wharf and building and that Council will continue as Reserve Trust Manager of the site.

A report was presented to Council on 8 November and 21 December 2011, detailing the call for Expressions of Interest and temporary licence to occupy the lower level of the Tathra Wharf building. Council resolved to enter into a 12 month temporary licence, for the purpose of selling pre-packaged refreshments and other relevant uses, complimentary to the wharf’s activities.

ISSUES

Legal

As the lease to be offered is for a two year term, Council will be required to undertake a competitive Expression of Interest process, prior to entering into a new lease.

Asset

The current licensee has made internal improvements to the building, since taking over the business and the licence in January 2012. These improvements have refreshed and refurbished the décor.

Council has been required to carry out much needed repairs, including the replacement of the roofing iron and guttering, the installation of an access ramp to the upper level of the building and removing internal access to the museum.

The building is in need of further maintenance and it is recommended that all rental payments received for the facility over the next 12 months, be expended on those works, to ensure that the asset is maintained to a reasonable standard into the future.

Social / Cultural

The proposed Tathra Ring Road project may improve the viability on the future operations and access of the wharf facility, but at this stage is only proposed to be completed to design stage, with construction subject to grant funding. On that basis, a short term lease is proposed, as the prospect of that Ring Road project may introduce other use options for the Wharf.

Economic

The wharf and building have significant issues that may have an economic impact, including costs in maintaining the building and need for extensive upgrades to allow other uses. The Heritage listing compounds this aspect.

Financial

Past returns from the lower level café lease were approximately $13,000 per annum (plus GST) and were expended on wharf and adjacent reserve maintenance.

Conclusion

At the end of the current 12 month lease period, Council must undertake a competitive Expression of Interest process, prior to entering into a new lease. At that time, Council will need to consider the Expressions of Interest received and offer a short term tenure arrangement of two years, with no option for renewal.

ATTACHMENTS

1 View. Rental Assessment Report for Reserve 180056 Tathra Wharf Building (Councillor Only)

2 View. Temporary Licence Agreement executed on behalf of the Tathra Wharf (R180056) Reserve Trust (Councillor Only)

Recommendation

1. That Council determine the preferred lease option for the Tathra Wharf site.

2. That Council authorise the General Manager to seek and negotiate Expressions of Interest and enter into a suitable lease agreement for occupation of the site.

3. That Council obtain the Minister’s consent to the lease, in accordance with the requirements of the Crown Lands Act.

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

Council 21 November 2012 Item 10.2

10.2. National Broadband Network

This report provides further information concerning the negotiations for the proposed NBN facility including the terms of the contract of sale, conclusions of the due diligence process and any potential risks identified in relation to the dual use of the Wanatta Lane site.

General Manager

Background

At the meeting of Council on 31 October 2012, it was resolved:

1. That Council note the report dated 31 October 2012.

2. That Council note NBN is carrying out due diligence investigations prior to Contract of Sale.

3. That Council will receive a further report following completion of those
investigations on the proposed contract and its conditions.

4. That as part of its due diligence investigations NBN be requested to carry out and obtain a compatibility report in relation to any potential contamination between the proposed sale site and proposed Central Waste Facility

It was agreed to seek formal advice from the NBN Co. Ltd (NBN) of the conclusion of the NBN due diligence process, any outstanding matters from the heads of agreement between the parties and clarification of the content of the road and energy agreement to be incorporated into the contract of sale.

Prior to finalising a contract of sale, it was also agreed to seek from NBN, further information on any potential exposures of contamination from the NBN and CWF operations, to identify any potential risks of contaminants from the CWF site that may potentially compromise NBN site operations or equipment.

ISSUES

Contract of Sale

A draft contract of sale was submitted by the legal team for NBN Co Ltd to Council solicitors on 1 November 2012 (see attachment).

Council’s solicitors have provided an initial advice on the contract terms and conditions.

Finalisation of the contract is also subject to the road access agreement and the draft plan of subdivision being finalised, and the outcome of a development application by NBN.

Due Diligence and Heads of Agreement

NBN has completed its due diligence process. NBN has concluded the site inspections, surveys, inspection of services, review of aircraft interference and geotechnical and contamination testing required under the heads of agreement have been undertaken and no issues were identified.

The NBN Co Ltd has informed Council that there are no other matters outstanding from the heads of agreement to be completed.

However, NBN has also noted the following proposed deviations from the heads of agreement to be agreed:

· due to the time taken to finalise the heads of agreement, the development application was lodged (but yet to be advertised);

· the plan of subdivision is currently being prepared, and subject to Council consent, may be sought to be lodged before exchange of contracts. The acquisition area has been agreed, only the right of access needs to be added;

· fibre and power easements and diverse fibre easements will be created after the subdivision. The easement location is high voltage design dependent, and will be done in consultation with Council.

· the separate right of access agreement is now to be incorporated into the contract of sale, and needs to be included in the subdivision plan, together with maintenance responsibilities. The access road and costs responsibilities, that will form the subject of the agreement, are close to being finalised.

Road and Energy Agreement

A road access agreement is to be incorporated into the draft contract of sale, however, terms are still to be agreed. It has been proposed by NBN that:

· Council will design, build and maintain the access road from Wanatta Lane to the NBN Co Ltd site;

· NBN Co Ltd will reimburse Council at cost, based on competitive tenders for the construction of the by-pass road and spur road;

· NBN Co Ltd will reimburse Council based on competitive tenders for the maintenance of the by-pass road and spur road if dedicated use, or shared maintenance costs if shared use.

Arrangements in relation to the energy use are yet to be confirmed. NBN Co Ltd will provide high voltage to the site (including upgrading the network feeders). It is understood that the Central Waste Facility (CWF) will take a feed from these lines that will include its own transformer. Such design may eliminate the need for Council to run power lines from Wanatta as originally contemplated.

Investigations re operations

As previously advised to councillors, NBN would design the satellite facility in the knowledge of the proximity and operations of the CWF, with the benefit of the CWF EIS and conditions of consent. Any consent for the NBN facility would contemplate appropriate controls on its facility, having regard to the adjacent CWF.

NBN has carried out investigations into the CWF operations and has considered any CWF activities that might impact the NBN operations, including the misting spray systems, winds transferring waste, drinking water, flooding and air quality (including odour). Whilst there is some risk, it has been reported that, providing the CWF is operated properly, the risks are very low. The attached reports from AECOM dated 13 September 2012 and 11 October 2012, provide more detail in this regard.

Conclusion

Due diligence investigations have now concluded to the satisfaction of the NBN Co Ltd. Investigations into potential risks of contaminants or compromise of operations and/or facilities have revealed any issues are unlikely to be significant. The parties are considered to be in a position to negotiate the contract of sale and progress to exchange of contracts. A copy of the contract will be available at the meeting.

ATTACHMENTS

1 View. Summary of Contract (Councillor Only)

2 View. AECOM letter dated 13 September 2012 re proposed NBN facility adjacent proposed CWF (Councillor Only)

3 View. AECOM report 11 October 2012 re review of CWF environment assessment (Councillor Only)

Recommendation

1. That Council note the report.

2. That Council enter a contract of sale for part of Lot 3 DP592206 Wanatta Lane, Frogs Hollow to NBN Co Ltd for consideration of $150,000, substantially in the terms and conditions of the draft contract of sale, subject to appropriate protections for the Central Waste Facility and NBN Co Ltd meeting the reasonable costs of Council associated with the subdivision and sale.

3. That Council authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and the General Manager.

Council 21 November 2012 Item 10.3

10.3. Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act

Providing further information following request to reconsider the acquisition of crown land in Merimbula that was originally proposed for a cultural centre.

General Manager

BACKGROUND

This matter was reported to Council on 3 July 2012 when it was deferred to enable further enquiries to be made, including obtaining advice from a valuer.

By way of background, the original concept for a major facilities site in Merimbula was developed in the late 1980s. In the early 1990s, with the support of Council for such a project, a committee of Council was formed to locate a suitable site.

The committee considered potential Council owned sites, and when none were suitable, an approach was made to the Crown Lands office, for a suitable site. In the mid-1990s, negotiations commenced in relation to the relevant site. In June 1998, Council proposed to acquire and rezone parts of R23456 and R61630. This represented the section of Crown land near the airport in Merimbula.

Council made application to the then NSW Department of Local Government for approval of the proposed acquisition of land adjacent to the site to be gazetted. The purpose of the acquisition was to complement the existing Council landholding at Lot 120 DP847899, to enable development of the proposed Cultural Centre and would be used as ancillary to the main site.

In exchange for the land to be acquired, Council was required to surrender to the Crown certain Council land described as Lot 2 DP549112, comprising 18.5 hectares which was to be added to the adjacent vacant Crown land in the existing Coastal Protection Area. The surrender of the Council land was a condition of the Crown’s agreement to permit the acquisition. Compensation was to be determined in accordance with the legislation.

The plan of proposed acquisition under the Local Government Act was registered at the Land Titles Office on 10 August 1999.

On this basis, Council resolved on 14 September 1999, on the motion of the Administrator, to approve the acquisition of Lot 1 DP1004805.

In November 1999 the Minister for Local Government, pursuant to section 187(2) of the Local Government Act, approved of Council giving a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act (the Act) in respect of Lot 1 DP1004805. In addition, pursuant to section 19 of the Act the Governor approved of Council declaring the land to be acquired by compulsory process. Council was then required to follow the procedures set out for compulsory acquisition of land by Councils.

On 2 June 2000, the acquisition of Lot 1 DP1004805 was gazetted. The compensation issue under the legislation then remained to be finalised.

The plans for the Merimbula Cultural Centre remained supported by the Council until it was dismissed in 2001. When the next elected Council was installed, support for the proposal waned, as other community projects were prioritised.

It would appear that no further action then occurred whilst Council investigated development prospects and funding opportunities for the site, and that the compensation issue remains unresolved.

ISSUES

Legal

In September 2011, the Crown Lands Division of the NSW Department of Lands wrote to Council noting that the compensation issue remained outstanding. Council was also informed that the NSW Department of Planning and Infrastructure had advised that the requirement to surrender the Council land was no longer required.

As the requirement to surrender the council land was originally imposed to allow rezoning of the crown land acquired for the cultural centre, the Crown Lands Division sought Council’s advice whether the compensation issue was intended to be finalised or whether the acquisition was to be rescinded under section 31 of the Act.

The Crown Lands Division has informed Council that should Council instead determine that it wishes to retain the site, the compensation payable to the Crown by Council would be as agreed as at the date of gazettal in June 2000. If compensation is payable, then interest would also be payable, unless a special agreement, supported by justifiable grounds, is approved to the contrary.

The Crown Lands Division has informed that if Council did not receive any income for the use of the land whilst in the possession of the Council, then the Department of Lands may not claim compensation. The issue of compensation will be a matter for the Department, upon formal notification by Council of its intentions.

Council has obtained a valuation of the site (separately provided to Councillors) and an assessment of whether compensation would be payable, for the purposes of further discussions with the Crown Lands Division.

Policy

The relevant land is currently zoned Special Uses 5(a) under the Bega Valley Local Environment Plan 2002, and is proposed to be zoned SP2 Infrastructure under the draft Comprehensive Local Environment Plan. The SP2 zone allows for airport and community facility uses.

Asset

The relevant site forms part of the area known as the Merimbula Airport and Precinct, which is a sensitive site surrounded by lake, wet land and dunal systems. The current airport land held by Council covers the Merimbula sewer treatment plant (STP) and a portion of the Merimbula Pambula Golf Club. Other Council land within the airport holding is a strip east of Arthur Kaine Drive. To its east and south are lands held by NSW Lands and NPWS as crown reserve or Ben Boyd National Park.

The airport proper has been recently subdivided from the lands east of Arthur Kaine Drive. In the Merimbula Airport and Precinct Strategy, recently rescinded, it was proposed to utilise a 2ha council operational land adjacent to this proposed site, for tourism development, while other council owned lands east of Arthur Kaine may be capable of offset against areas proposed for development on the airport proper, as they were subject to EECs. Those lands were also being considered for dunal exfiltration of effluent from Merimbula STP and long stay carparking.

The lands surrounding the site in question (Lot 1 DP1004805), as noted on the attached maps, are as follows:

Lot 7008 DP 1069534 – owned by the Department of Lands

Lot 7307 DP 1167055 – owned by the Department of Lands

Lot 2 DP 549112 – owned by BVSC; zoned 7(f1) Coastal Lands Protection zone

Lot 120 DP 847899 – owned by BVSC; zoned 5(a) Special Uses zone

Lot 121 DP 847899 – owned by BVSC; zoned 2(1) Residential Tourist zone

Environment

The lot has been described a Coastal Bangalay Forest and classified as Endangered Ecological Community (EEC). The better quality EEC area is understood to be towards the northern zoned tourism site. The lot may also be considered as a potential site for dunal exfiltration of treated effluent from the Merimbula sewer treatment plant.

Economic

The significant costs involved to service the land and to develop the site to accord with NSW legislation are considered to be such that it may be no longer feasible to develop the site as originally proposed.

Strategic

Subject to any airport renewal works and development taken up by Council, the maintenance of CASA obstacle limitations surface (OLS) may require identification of some public and private lands requiring management of height limits and other development controls in the flight path, including those lands east of Arthur Kaine Dr. The adopted LEP, yet to be gazetted through the NSW Minister for Planning, provides for such controls in the flight corridor and ensure there is no interference with operational and other requirements for the airport.

The airport strategy (if reconsidered), business plans and associated documents will detail any such restrictions that are necessary for the precinct, including the adjacent land the subject of this report. In addition, details regarding land uses must await the resolution of a further planning proposal.

The Crown Lands Division will need to be made aware of the likelihood of such restrictions to the site.

Consultation

Council has discussed the relevant issues with the Crown Lands Division. In relation to the issue of compensation under Part 4 of the Act, should Council seek the consent of the Crown to the rescission, the Crown would then advise Council whether any compensation will be claimed.

Council heard at deputation at the July 2012 meeting, alerting councillors to initial intended uses for the site around 2000, and suggesting the acquired land be retained and uses kept for community purposes.

Financial

It is anticipated that unless Council has granted other interests in the land since its acquisition, and has received compensation or other income, the Crown is not expected to claim any compensation

Conclusion

Council intended to request a rescission of the acquisition under section 31 of the Act and to finalise any outstanding issues of compensation relating to the acquisition process. No compensation is expected, as the land has not been used since acquisition and no revenues gained.

Notwithstanding, Council may elect to retain the site, hold it for future community uses, or potentially consider for native vegetation offsets or additions to national park or state reserve.

ATTACHMENTS

1 View. Executive Summary Valuation Sept 2012 (Councillor Only)

2 View. Map 1 Proposed site for Merimbula Cultural Centre - Lot 1 DP 1004805

3 View. Map 2 Merimbula Airport Precinct Lands - North and East of Proposed Merimbula Cultural Centre Site

4 View. Map 3 Merimbula Airport Precinct lands - South of Merimbula Cultural Centre proposed site

Recommendation

1. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on Lot 1 DP1004805 for the purpose of the operation of the airport precinct following the resolution of a further planning proposal.

2. That Council determine whether to retain or rescind the acquisition of Lot 1 DP1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and advise the Crown Lands Division of its decision, and cause a notice to be published in the NSW Government Gazette, if rescinded.

3. That the Mayor and/or General Manager be authorised to execute the necessary documents and that, if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager.

Council 21 November 2012 Item 11.1

11.1. Rural Fire Station Formal Handover

The NSW Rural Fire Service would like to formalise the handover of six rural fire sheds that no longer meet operational requirements. Council approval is now sought to enter into Expressions of Interest for these community assets.

Group Manager Infrastructure, Waste & Water

Background

On 26 September 2012, the Rural Fire Service (RFS) advised Council that the old rural fire sheds at Bemboka, Quaama, Tathra, Towamba, Brogo and Kiah are no longer required as operational buildings, as new facilities have been built. The RFS would like to formalise a handover of the excess sheds.

ISSUES

Legal

It is considered appropriate to seek Expressions of Interest (EOI) from community or other interested parties for the use sale or deposal of those RFS buildings no longer required. A number of enquiries have been received from individuals and groups for the use of these sites.

Asset

Each site has different constraints and advice from the RFS is listed below:

Bemboka

The old Bemboka station, which is located in Kameruka Street, Bemboka (Lot 7 Section 12 DP 758087) next to the new station, is no longer required by the RFS. If the old station were to be removed, it would allow the RFS to install a water tank. The site is classified as community land.

Quaama

The old Quaama station located at Bermaguee Street, Quaama (Lot 10 Section 10 DP 758860) is no required by the RFS. However, there have been several enquiries from community members about the future use of this site. This site is classified as community land.

Tathra

The old Tathra station is located at Bega Street, Tathra (Lot 1 DP502243), next to the new station and is no longer required by the RFS. Council’s Water and Sewer Services have occupied the old station for a number of months. This site is classified as operational land.

Towamba

The old Towamba Station is located on the corner of Towamba and Albert Streets, Towamba (Lot 8 DP 40117409) and is no longer required by the RFS.

Brogo

The old Brogo Station at Upper Cobargo Road is no longer required by the RFS. The historical machinery club has equipment stored in the old station. The site is on private land and will require further investigation, as assets constructed on private land remain the property of Council and the RFS. If a further term of the lease is not required, the RFS are required to remove all infrastructure from the site.

Kiah

The old Kiah Station is located on Kiah Hall Road, Kiah (Reserve R89134, Lot 21 DP 55034) and is no longer required by the RFS.

The future operation of the sheds requires further consideration. Some of these buildings would need considerable work to bring them into line with the NSW Work Health & Safety Act and the requirement for adequate provision of services to these facilities also needs to be addressed.

Consultation

The owners of neighbouring properties will be notified of any new proposal, as part of the EOI process.

Should the outcome of the EOI signal a site may best be reclassified as operational land, then that prompts another consultation process should council resolve to proceed that way.

Resources (including staff)

Staff resources are required to arrange preparation of the necessary EOI documentation. Management of these assets will also involve staff resources.

Conclusion

In keeping with the current signed Service Level Agreement between Bega Valley Shire Council and the NSW Rural Fire Service, the provision of land and buildings for the Rural Fire Service is a requirement of Council. As such, it is now considered appropriate to accept the handover of these assets and for Council approval to be given to seek Expressions of Interest for the occupation or purchase of these assets.

ATTACHMENTS

1 View. RFS locations

Recommendation

1. That Council seek expressions of interest from individuals or groups for the disposal, purchase or use of various RFS fire brigade sheds that are no longer operational.

2. That the General Manager be authorised to negotiate short term leases where appropriate

3. That should proposals for disposal or sale be received, they be reported to council

4. That the Mayor and General Manager be authorised to execute the necessary documents.

Council 21 November 2012 Item 11.2

11.2. Flood Damage Repairs

Since 2010, the Bega Valley Shire has suffered three major flood events, with each event causing significant damage to Council’s infrastructure. The NSW State Government declared each event a natural disaster and therefore eligible for financial assistance to restore damage.

Group Manager Infrastructure, Waste & Water

Background

Council has been progressively repairing the damage caused by the 2010, 2011 and 2012 floods and the progress to date is summarised in the below tables:

February 2010 Flood
	Flood Damage Claim	Work Completed	Outstanding Works (Major Works)
Regional / Main Roads	$281,622	100%	Nil
Local Roads	$3,583,603	80%	$750,000 Double Creek Bridge, Upper Cobargo Road
Emergency Works	$274,745	100%	Nil
	$4,139,970

February 2011 Flood
	Flood Damage Claim	Work Completed	Outstanding Works (Major Works)
Regional / Main Roads	$3,837,001	50%	Slips on Mogilla and Mount Darragh Roads; Replace Six Mile and McCarthy’s Bridges on MR275
Local Roads	$12,893,331	80%	Continuing gravel re-sheeting; Repair bridge abutments and replace Stockyard Bridge
Emergency Works	$999,383	100%	Nil
	$17,729,715

February 2012 Flood
	Flood Damage Claim	Work Completed	Outstanding Works (Major Works)
Regional / Main Roads	$37,380	Nil	Drainage structures damaged
Local Roads	$978,770	Nil	Scours and gravel striped from unsealed roads
Emergency Works	$170,000	100%
	$1,246,150

Restoration works are endorsed by Roads and Maritime Services (RMS), after inspection and scheduled into renewal programs.

ISSUES

Asset

All repairs from the 2010, 2011 and 2012 floods are to be completed by 1 July 2013.

Four timber bridges were lost as a result of the floods. These bridges are:

· Double Creek Bridge on Upper Cobargo Road;

· Stockyard Creek Bridge on Big Jack Mountain Road, Rocky Hall;

· McCarthy’s Creek Bridge on Tantawangalo Mountain Road (MR275), Tantawangalo;

· Six Mile Creek Bridge on Tantawangalo Mountain Road (MR275), Tantawangalo.

Tenders were called for the replacement of the four bridges, with Council awarding the construction of Six Mile and McCarthy’s Bridges to Bridging Australia and the construction of Double Creek and Stockyard Bridges to Kenpass at the Council Meeting of 24 July 2012.

It is expected that the replacement of Six Mile, McCarthy’s and Stockyard will be completed by Christmas 2012 and Double Creek will be completed early in 2013.

McCarthy’s Bridge, Six Mile Bridge and Stockyard Bridge are being reconstructed as single lane bridges, with the deck similar to the original bridges.

Double Creek Bridge will be a two lane low level bridge. As Stockyard and Double Creek will be overtopped in future floods, significant approach road armouring is included in the reconstruction works.

All four bridges are to be replaced with concrete structures.

With the exception of bridge replacements, the flood damage repair grants are to only replace “like with like”, i.e. if the road was originally gravel, the grant replaces the gravel pavement and does not permit the sealing of that pavement. However, by adjusting the existing works program, Council is endeavouring to improve and possibly “flood proof” repaired infrastructure.

For example, where bridge approaches where lost or damaged, the rock used to carry out the repairs is being “shotcreted” to secure the rock in place. If it is appropriate, the approaches to low level structures are being armoured by reinforced concrete approach slabs and embankment protection. This work is being funded by a combination of flood damage repair grants and the bridge capital works program. Works completed to date are Tantawangalo Lane, Church Lane at Tantawangalo and Pat’s Crossing on New Buildings Road. Bridges still to be repaired and upgraded are Burragate Bridge on New Buildings Road, Sandy Creek on West Kameruka Road and Desert Creek Road.

The original urban construction for 2010 included the sealing of Hillview Street, Cobargo. By combining the flood damage grant for repairs to Cobargo Streets, with the urban construction, resheeting and maintenance programs, all the remaining unsealed streets in Cobargo have been sealed. These streets include Hillview, Bank, Narira, Bega, Charlotte and Hill Streets.

The sealing of 1km just completed on the Burragate Road and the regravelling and sealing of 2.3km on the Eden Towamba Road is a combination of flood damage repairs, gravel resheeting and the Roads to Recovery program.

Strategic

The strategy that has been put in place is working well and will put Council’s Infrastructure Group in a good position to handle the increased renewal works, as proposed in Council’s adopted Asset Management Plans. The increase in renewal expenditure is expected to phase in as the flood damage repair works are completed.

Resources (including staff)

The flood damage repairs are a significant increase in workload over and above Council’s existing works program. The Council report of 18 October 2011, detailed the strategy to address the additional resources required to carry out the extra works.

ATTACHMENTS

Nil

Recommendation

That Council note the progress of the flood repair program.

Council 21 November 2012 Item 11.3

11.3. SES Strategic Disaster Readiness Package

Advising Council of additional State Government funding provided as part of the “Strategic Disaster Readiness Package” and makes recommendations in relation to the transfer of SES vehicles

Group Manager Infrastructure, Waste & Water

Background

The NSW State Government has committed additional funding over the next five years to the NSW SES. This additional funding is part of the “Strategic Disaster Readiness Package”, developed in response to recommendations from the Commission of Inquiry into the Queensland Floods.

There are two key components of the package:

· Unit Support Funding: funding to meet the day to day operating costs of the SES units.

· Fleet Management: a five year project to standardise and centralise the SES operational vehicle fleet, the majority of which is currently owned and managed by Local Government.

Unit Support Funding

The unit support funding currently provided by Council includes the maintenance and operational costs of vehicles and buildings. The principal items are rental, electricity and vehicle running costs. The total allocation for 2012/2013 was $24,880, excluding depreciation charges on buildings and vehicles. Council will also pay approximately $47,385 pa, as part of the SES component of the Emergency Services Levy.

The new funding package allows for maintenance and operating costs to be met by the SES effective from 1 July 2012. A meeting between the relevant staff from both organisations has been convened, to confirm these costs and to prepare a Partnership Agreement.

The Council and SES have had a strong working relationship over many years with units operating in the Shire at Eden, Bega and Bermagui. As a demonstration of this relationship, the Eden SES unit building was recently extended and a new facility was recently completed in Bermagui; all of which was at the SES cost. Future upgrade of the Bega facility is also planned, as part of the Council Depot upgrade, but this will be at Council’s cost. Preliminary discussions to integrate Rural Fire Service (RFS) and SES Headquarters into a new building at the Bega depot stalled when the land fronting Newton Rd was sold to private interests.

The obvious benefit to the SES and subsequently the community of this funding arrangement is that additional funding is being sourced through the State Government, which allows the local unit to be maintained at an optimum level and reflects a more accurate cost of delivering the service.

Fleet Management Funding

The fleet funding package is a five year package, which commenced at the beginning of the 2012/2013 financial year.

The fleet project will consist of:

· The Fleet Acquisition Program, where all SES Operational Vehicles which are assessed as being fit for purpose, safe to use, sustainable and cost-effective will be identified for acquisition from Local Government either by gift, for nominal fee or at market value.

· The Fleet Refresh Program is where all SES Operational Vehicles will be assessed and prioritised for acquisition with subsequent refurbishment, re-deployment or replacement; these prioritised timelines will be based on operational requirements, vehicle condition and safety risk assessments.

The SES will utilise the Fleet Acquisition and Fleet Refresh Programs to create a prioritised five year listing of vehicle acquisitions and/or replacements. Each Council will be provided with an annual forward projection/estimate of vehicle acquisition and/or replacement, to enable them to include this data in their asset management planning.

Bega Valley Shire Council is the registered owner of three SES vehicles, which are all in good condition. The total purchase price of these vehicles was $109,268. The vehicles are 2009 and 2010 models and apart from some depreciation in value, remain in very good serviceable condition.

Council must consider how it wishes to dispose of these vehicles, assuming they will all continue to be required for operational purposes. The SES has proposed the options of gift, nominal fee or market value. Gift and nominal fee transfers will obviously be prioritised, while purchase at market value will be subject to agreed value, funding and program timing.

While the SES have assisted in the purchase of these vehicles, Council remains the principal provider and by far bears the significant capital cost. The vehicles are currently in Council ownership and therefore, remain a value to Council. If they are to be transferred to the SES at no cost, Council will lose the value of its investment, and write off of the capital, although the community will continue to enjoy the protection provided by this equipment.

A Partnership Agreement will be developed which identifies these arrangements and a five year development plan. An option to consider for the transfer of vehicles (other than those proposed by the SES) may be for the SES to fund this development activity to the market value of the vehicles over a number of years. In this way, Council will not forfeit the value of the vehicles and the SES will be able to stagger the purchase price. It can be argued that, in effect, this has already occurred with the SES funding the Eden Unit extensions and the new Bermagui unit.

ISSUES

Legal

Under the provision of the State Emergency Services Act 1989, Section 17 (5 and 6), Council must provide free of charge suitable facilities to enable the SES to exercise their function. This is in addition to the 11.7% Emergency Services Levy paid by NSW Councils.

Asset

Council’s current assets include three Toyota 4-wheel drive vehicles and three SES unit headquarters at Eden, Bega and Bermagui. Under the new funding arrangement proposed, the buildings would remain in Council ownership, while the operation and maintenance costs would become the responsibility of the SES. It is proposed that the vehicles would be transferred to the SES and also all future replacement, operation and maintenance costs.

Financial

Council currently provides funding for the operational costs associated with the SES headquarters at Eden, Bega and Bermagui, as well as vehicle running costs totalling $24,860 in the 2012/2013 Budget. Under the “Strategic Disaster Readiness Package” the SES will meet all of these operational costs.

Council has also purchased SES vehicles and is the registered owner of three of the five SES vehicles. This package presents options for the transfer of the remaining three vehicles to the SES.

Resources (including staff)

Both administration and workshop staff resources are expended annually in the management and support of SES operations.

Conclusion

The new funding arrangements are a small financial benefit to Council, as they will remove the annual operation and maintenance costs of the SES Unit buildings. The transfer of vehicle ownership, while having a significant initial asset loss, will have a long term financial benefit, removing ongoing plant replacement and the maintenance burden of plant management.

ATTACHMENTS

Nil

Recommendation

1. That Council support the new funding arrangements for the SES in regard to operations and maintenance of buildings and vehicles

2. That Council approve the transfer of ownership of three SES vehicles, currently owned by Bega Valley Shire Council at no capital cost to the SES.

Council 21 November 2012 Item 11.4

11.4. Bega Valley Local Traffic Committee Meeting 7 November 2012

This report recommends that Council adopt the advice of the Bega Valley Local Traffic Committee meeting held on 7 November 2012.

Group Manager Infrastructure, Waste & Water

Background

The Bega Valley Local Traffic Committee held a meeting on 7 November 2012, the minutes of which have been distributed separately. It is a requirement that Council formally adopt the recommendations, prior to action being taken. All recommendations were supported unanimously by the Committee.

ATTACHMENTS

Nil

Recommendation

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 7 November 2012 and approve the following:

Ocean Drive, Merimbula – Merimbula New Year’s Eve Celebration1 That, subject to conditions, a temporary 1 Hour Parking Zone be established on Ocean Drive, Merimbula adjacent to Ford Oval, from 6am to 5pm on 31 December 2012 for the Merimbula New Year’s Eve celebration.

2 That, subject to conditions, a temporary Bus Zone be established on Ocean Drive, Merimbula adjacent to Ford Oval, from 5pm on 31 December 2012 to 6am on 1 January 2013 for the Merimbula New Year’s Eve celebration.

3 That the proposed traffic arrangements involving the temporary 1 Hour Parking Zone and temporary Bus Zone on Ocean Drive, Merimbula for the Merimbula New Year’s Eve celebration on 31 December 2012 and 1 January 2013 be conducted under an approved and updated Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

Intersection of Main and Alice Streets, Merimbula - Installation of No Stopping Zone

1 That the installation of a No Stopping Zone on Main Street, Merimbula not be supported at this stage.

2 That the item be reviewed, following the opening of the new RSL car park and the collection of relevant traffic count data.

Short Point Road, Merimbula - Installation of Temporary No Stopping Zone

1 That the installation of a temporary No Stopping Zone on Short Point Road, Merimbula not be supported.

2 That the establishment of a 40km/h High Pedestrian Activity Area on Short Point Road, Merimbula be actioned by Roads and Maritime Services.

3 That the traffic arrangements at Bar Beach, Merimbula also be investigated and reviewed.

Princes Highway, Cobargo – Restricted Parking

1 That a Half Hour Parking Zone be investigated for four car spaces, adjacent to the public toilets on the Princes Highway, Cobargo.

Short Point Beach Car Park – One Way

1 That pavement directional arrows and one-way signage be installed at the Short Point Beach car park, Merimbula to establish one way traffic flow.

Council 21 November 2012 Item 11.5

11.5. Hard Waste Collection Services at Eurobodalla Shire Council

Presenting a report on management of kerbside bulk waste collection services.

Group Manager Infrastructure, Waste & Water

Background

Hard waste collection and a free tipping voucher system were the subject of a report to the previous Council on 29 November 2011 (copy attached). Following a councillor question at the Council meeting on 31 October 2012, information has been provided below on hardwaste services provided by Eurobodalla Shire Council (ESC).

ESC provides a kerbside bulky waste collection service on an annual basis, to residents paying for domestic waste management (DWM) services. The DWM service is generally restricted to residents within the town boundaries of Batemans Bay, Broulee, Moruya, Narooma, Bodalla, Tuross Heads, etc. The service is provided to approximately 20,000 households.

ISSUES

Environmental

ESC advises that the annual program recently yielded 371 tonnes of waste to landfill, and recovery of approximately 170 tonnes of scrap metal. No other recyclable or reusable materials were recovered under the program.

The 32% recovery rate of the Eurobodalla program is somewhat higher than the state average of around 20% and this may be partly explained by the number of restrictions placed on the types of wastes which can be put out for collection.

The ESC program does not permit users to put out mattresses, builders waste or e-waste. E-waste (including TV’s and computer equipment) is currently permitted to be dropped off by ratepayers at no charge during the program, as these materials have caused amenity issues, with smashed screens, when placed on the kerbside.

The ESC service takes approximately two months to deliver from one end of the Shire to the other. The waste is picked up in two passes. Scrap metal is removed first followed by the residual, which is picked up in a rear loading compactor vehicle.

The program suffers from the usual amenity issues associated with kerbside hard waste collection, including unsightliness, trip hazards and disposal of materials not accepted under the program.

Financial

The collection services are procured by open tender and the costs of the ESC program are commercial in confidence, however the collection and disposal cost combined is estimated at $150,000, with approximately $20,000 income derived from the scrap metal.

Conclusion

Bega Valley Council could provide a service similar to that provided by ESC, however it should be noted that the ESC service is provided only within the town areas. BVSC provides DWM services widely to rural properties and providing hard waste collection services to rural areas is likely to be somewhat less economical.

The pros and cons of hard waste collection versus voucher systems are detailed more thoroughly in the attached report from 29 November 2011. It remains staff advice that a voucher system is the better of the systems on environmental grounds, due to better resource recovery potential.

It is acknowledged however, that those residents who are unable to transport waste to Council’s facilities themselves may be somewhat disadvantaged by a voucher system. Though there are always opportunities for residents to access help with transporting waste and a potential market exists for people willing to do this for a fee.

ATTACHMENTS

1 View. Copy of Infrastructure Report 4 presented to Council Meeting of 29/11/2012 Discussion on a Waste Disposal Voucher System

Recommendation

1. That Council prepare a policy for the introduction of a system of “free” tipping vouchers, which includes issuing of 1 x general waste voucher with each rates notice.

2. That each voucher entitles the property owner to dispose of 1 cubic metre of general waste, subject to restrictions on particular wastes, at no charge. Vouchers are not transferrable and are not redeemable for cash. Vouchers expire 12 months from the date of issue.

3. That Council review kerbside hardwaste issue as part of a broader Waste Strategy review, which shall be conducted over the next 12 months.

Council 21 November 2012 Item 11.6

11.6. Progress Report on 2009/2010 Special Variation for Sportgrounds

To provide an update on the community projects funded from Council special variation from 2009/2010 which was to be used for the upgrade of sports facilities and community access.

Finance Manager

Background

In 2009/2010 a Special Variation was approved by the Division of Local Government NSW for Council to increase its rating yield by 2.85%. This Special Variation yielded $450,000 indexed by rate-peg for a period of 5 years. The Special Variation is due to expire in 2013/2014. Over the course of the five year special variation Council will have raised approximately $2.385m to be invested in the shire’s community sports and recreation facilities.

Attachment 1 illustrates the projects funded by the special variation. In the three years since its inception, the special variation has assisted 23 different recreation and community venues across the shire. Each project, along with many others, were presented to the General Sports and Recreation Committee (GSRC) for discussion and approval. A panel from the GSRC assessed applications from recreation groups for funding, against criteria and guidelines established by Council. The General Sports and Recreation Committee comprised members of the sporting community and Council. The list of approved projects spanned a wide range of facilities as well as sports and community activities, from table tennis through to skate parks.

Some projects were able to leverage Councils special variation funds into attracting other grant & community support through contributions, volunteering and donations. It is estimated the financial support for these projects to be approximately $143,000, with non-financial support (labour, donated materials) to be substantially more.

There were early issues regarding consistency of application documentation and project management, that evolved into an improved system of funding and monitoring.

ISSUES

Strategic

Council is currently three years into the five-year special variation program. The General Sports and Recreation Committee have allocated $1.866m to date.

While Pambula and Bega Recreation Grounds are assigned as ‘regional’ in the Recreation Strategy, a Masterplan and program of projects/works for Pambula is yet to be considered by Council. Notwithstanding, the 2012 Delivery Program indicated a renewal value of $250,000 per annum for three years to the Pambula Sports Complex. In order to fund this commitment, it is proposed that this commitment be met from $150,000 from the special variation, and $100,000 from the annual $300k NSW Lands contribution (from Caravan parks returns) for the next two financial years.

With reference to the attached table, the total GSRC project costs, whether they be commitments for projects yet to commence or expenditure for those projects completed or in progress, total $1.872m (with an additional $150,000 committed for 2013/2014). As a result, there is an allocation remaining for 2012/2013 of $156,392. There is an estimated allocation from the special rate variation for the 2014 financial year (depending on the Local Government Cost Index) of $506,466, less the 2013/2014 commitment noted above.

Consultation

Subsequent to this report, a meeting will be called of the General Sports and Recreation Committee to outline the status of projects as they are presently. The Committee should call for updates to the approved project list. Specifically, the Committee will need to record projects that have been completed so that particular project allocation can be closed. There may be projects on the list that have cost less than the estimated allocation, which will revert back to the pool of funds for allocation to further projects.

Financial

There was an error in the costings made against the special variation in the 2012 financial year. A number of projects had costs transacted through Council’s general ledger to the special variation related projects. During the 2013 financial year the incorrect transactions were identified and the necessary corrections made. These corrections will be reflected in the December 2012 QBRS. The effect of the corrections will be a transfer of $229,308.94 from Councils Asset Replacement Reserve to the Sportsground SV reserve leaving an opening balance in the SV reserve of $351,809.64.

Operational Plan

Council has indicated its intention to seek community feedback on the potential application for a renewal of this special variation - a community survey and poll is underway, for report to Council in December. The purpose of the special variation continuation is to maintain and renew the $2.385m of new assets Council has constructed through this program, along with the other recreation asset within the shire in accord with the AMP.

Conclusion

The General Sports and Recreation Committee, through the Special Variation have improved sports and recreation facilities in the shire, and engaged successfully with sporting and community access groups. The projects funded and in some cases already completed, would have taken many years to complete without the assistance of this committee and the communities support in funding through the special variation. A consultant approach to prioritising and aggregating projects saw, for example, irrigation of many sporting fields.

Council staff will work with the Committee as the program begins to draw closer to its conclusion, to ensure that proper review of projects is undertaken to ensure that active projects are constructed for the allocated amount and any under allocations are identified and quantified. This will ensure that upon completion, all funds have been accurately recorded.

ATTACHMENTS

1 View. Project List - Sportsground SV

Recommendation

1. That Council endorse the funding proposal to meet the Delivery Program’s allocation of funds to the Pambula Sporting Complex. Being $150,000 funded from the Special Variation for Sports and Recreation Upgrades and $100,000 from the LPMA contribution to Council for the renewal of Recreation Facilities in the shire, annually for two financial years.

2. That Council note and endorse the project list and progress as attached.

Council 21 November 2012 Item 11.7

11.7. Tender RP38/12 Supply and Delivery of One Class 20 Excavator

This report seeks Council approval for the purchase and replacement of Komatsu PC2200-7 Excavator, plant item number 1277.

Group Manager Infrastructure, Waste & Water

Background

Following the adopted ten year fleet replacement program, tenders were called for the replacement of Council’s existing excavator (Komatsu PC 220) that operates within Council’s Road Maintenance, Construction, Waste Facilities and Coastal Management.

Quotations were sought through Local Government Procurement (LGP) with a copy of Council’s Specification P2, LGP reference number 38/12 for the purpose of purchasing one excavator.

The excavator tendered was a Class 20, with a machine weight in the vicinity of 22,000kg to 26,000kg.

At the close of tender period, tenders were received for twelve machines from nine companies.

Five of the nine machines were chosen to be included in the second stage of assessment, using criteria of capital / trade price, delivery schedule, specification and after sales service support.

Second stage assessment of tenders were analysed with a weighted assessment process, using the following criteria:

Whole of life costs	50%
Operational Assessment	15%
Mechanical Assessment	15%
Warranty Service and Parts (Inc WH&S)	15%
Environmental	5%

Although price variations existed between tenders, the selection criteria places significant weight on machine warranty, back up service and operational advantages.

The whole of life cost includes purchase price, estimated running cost and estimated sale price in eight years or 10,000 hours.

ISSUES

Asset

Council’s existing excavator plays a vital part in Council’s road and bridge maintenance programs, waste facilities, coastal management and hazard reduction.

The excavator may also be called upon by the Rural Fire Service and other Government Agencies for the control of bushfires and natural disasters.

It also has the capacity to generate an income to Council by carrying out private works for the public, constructing dams, house sites and private roads.

Financial

Council’s excavator has an asset replacement value in the vicinity $250,000 and has a scheduled replacement life of eight years. Funding is available within Council’ Plant budget.

Conclusion

The Volvo EC240C excavator meets the required specification, it has the lowest capital price and will retain a modest resale value.

The machine also has a reliable 24 hour, 7 day a week repair service and overnight delivery of stocked parts from Sydney, via CJD’S nationwide parts supply network. CJD and Volvo are becoming a large stakeholder in the earthmoving industry. The Volvo EC240C has a renowned service life and the excavator will offer Council an efficient machine for a lower capital purchase price than its competitors. The successful tender has been recommended to Council on the basis of minimum whole of life costs, with maximum productivity and minimum breakdown time being a major factor to support Council’s maintenance and capital programs.

ATTACHMENTS

1 View. Confidential memorandum to Councillors regarding Tender RP38/12 Supply and Delivery of One Class 20 Excavator (Councillor Only)

Recommendation

1. That Council approve the purchase of one Volvo EC240C excavator from CJD Equipment, at a total change over value of $224,400 (inc GST)

2. That Council approve the trade of Council’s existing Komatsu PC220, plant number 1277 for a value of $82,500.

Council 21 November 2012 Item 11.8

11.8. Bega Town Hall Expression of Interest (Stage 2)

This report advises the outcome of Expressions of Interest (Stage 2) for the demolition and construction of the Bega Town Hall (Bega Civic Centre) and seeks Council’s support for the assessment of those submissions.

Group Manager Infrastructure, Waste & Water

Background

After many years of discussion and significant public consultation, Council at its meeting of 26 July 2012 adopted in part:

4. That Council adopt the selective tender process and call for expressions of interest open tender for the demolition, design and construction of the Bega Town Hall in accord with the adopted functional brief, to a budget of $5.5 million plus GST and comply with the Division of Local Government (DLG) Guidelines for Capital Expenditure.

As a result, EOI documentation was prepared, which essentially comprised of the following components:

· Contract terms and conditions;

· Council Functional Brief;

· Concept Design prepared by Council’s Architect; and

· Performance Specification for electrical, mechanical, kitchen and acoustics.

Council also at its meeting of 12 June 2012, resolved to form a Reference Panel comprising local community, artistic and engineering expertise to assist in the assessment of submissions, as part of the selective tendering process.

The EOI Stage 2 closed on 4 September 2012.

The purpose of Stage 1 was to identify those proponents who could demolish, design and construct the Town Hall for $5.5m and meet the uses and functionality contained in the Brief. Stage 2 was to draw out the design and costing detail.

An initial notification of the proposed capital expenditure was sent to DLG, noting capital expenditure and operational expenditure details would not emerge until tenders were considered.

Councillors were presented an overview of the Town Hall project and details of the EOI’s at a further workshop on 23 October 2012.

Stage 1 EOI Assessment

The EOI was advertised in metropolitan newspapers of Sydney, Melbourne and Canberra and at the close on 29 May 2012, 31 documents had been issued and 16 submissions received. Each EOI was assessed in accordance with the criteria and adopted scaling.

Criteria	Rating
(a) Presentation of the Expression of Interest	0%
(b) Quality of the design of the proposed new civic Centre	15%
(c) The lump sum prices and/or the proposed method of contract	20%
(d) Demonstrated capacity and technical ability to carry out the work under the Contract	15%
(e) Demonstrated managerial capability, qualifications, experience. Choice of the on and off site staff proposed and the experience and capability of the architect & consultants	15%
(f) Conformity with the request for Expression of Interest	5%
(g) Quality, Safety and Environmental Systems	10%
(h) Stability in financial position of the D & C team	10%
(i) Capacity to achieve the delivery program	5%
(j) Demonstrated ability to work with the client to develop a successful project outcome	5%

Council considered the Stage 1 assessment report at its meeting of 4 July 2012 and adopted that the following five EOI submissions be accepted for Stage 2 of the selective tendering process:

1 Rankin Builders in combination with Cox Architecture Pty Ltd;

2 Hines Construction in combination with Facility Design Group;

3 Edwards Construction in combination with Robertson + Marks Architects;

4 National Buildplan in combination with De Angelis Taylor;

5 Denham in combination with Gardner Wetherill & Assoc.

The above five Design & Construct (D&C) teams were then invited to further develop and detail their proposals and submit the following additional information by 4 September 2012:

1 Resubmit EOI Schedule 1: more fully developing proposal, describing details, showing concepts plans and demonstrating how key functional and quality requirements will be met.

2 Resubmit EOI Schedule 4: showing lump sum cost estimate, lump sum breakdown, contingencies, provisional sums and indentifying any cost risks.

3 Resubmit EOI Schedule 5: indicating proposed design, approval and construction program, identifying key milestone dates.

ISSUES

Stage 2 EOI Assessment

On the 7 September 2012 and 12 October 2012, Council’s Reference Panel met to consider Stage 2 EOI submissions.

The Reference Panel considered the assessment criteria as per Stage 1, noting that as this was Stage 2, most had met the criteria for the purposes of selection. Accordingly, those items were considered as equal and not rated and the new scale was adjusted. Refer to table below:

Criteria	Rating
(a) Presentation of the Expression of Interest	equal
(b) Quality of the design of the proposed new civic Centre	50%
(c) The lump sum prices and/or the proposed method of contract	20%
(d) Demonstrated capacity and technical ability to carry out the work under the Contract	10%
(e) Demonstrated managerial capability, qualifications, experience. Choice of the on and off site staff proposed and the experience and capability of the architect & consultants	equal
(f) Conformity with the request for Expression of Interest	equal
(g) Quality, Safety and Environmental Systems	equal
(h) Stability in financial position of the D & C team	equal
(i) Capacity to achieve the delivery program	5%
(j) Demonstrated ability to work with the client to develop a successful project outcome	15%

Each of the five submissions were scored and ranked according to the criteria.

Each of the submitted EOI’s offered base level function, in accordance with Council’s brief and performance specifications. Further, each also included a number of enhancements and associated additional features for an additional cost. Importantly. each EOI documented exclusions and assumptions, which will require careful assessment during the final tender stage. As briefed to Councillors, some submissions proposed the retention of elements of the existing building, such as the portal structure and flooring.

Functional Brief

During the course of the assessment, it became clear that a number of items (listed below) within the functional brief have inadvertently or disproportionally affected concept designs. It is suggested that the importance of those items be reaffirmed, to guide future design development.

Kitchen Size

Currently the brief requires a kitchen capable of catering for 500 people, however catering for sit down meal functions is 350. Apart from this anomaly, the size is larger than what was probably anticipated. Recommend reduction of catering capacity to 350 people.

Environmental Sustainability

In particular, the need for stormwater reuse via rain water tanks. Given the space limitations and irrigation opportunities, the need for this inclusion is challenged. Recommend that the building meet BCA environmentally sustainable provisions, without specifically nominating inclusions.

BVSC Car Park

The brief requires maintaining the pedestrian access between BVSC staff car park and Zingel Place. This is causing designers to maintain a corridor between the Town Hall and the exiting Council Administration Building, resulting in poor utilisation of available space, as well as creating potential security and bad behaviour areas. The need for pedestrian access is questioned, given the car park is currently sign posted “Council Employees Only” and the degree of utilisation for the general public is and would be very low. Access from the car park to the new Town Hall is provided in designs. Recommend removal of this requirement.

Box Office / Cloak Room

The need for this element is questioned, as it requires valuable floor space and is potentially no longer required or of limited use in a building of this type. Recommend that requirements be change to a ticket counter, in lieu of box office and cloak room.

Asset

The Bega Town Hall is a significant public asset, which has been listed for renewal in Council’s Building Asset Management Plan. The asset has not been used for several years, as a result of the Sapphire Marketplace development, which resulted in the demolition of the supper room and toilet facilities. Proponents have put forward designs that completely rebuild or incorporate elements of the existing Town Hall in their respective submissions.

Social / Cultural

The Bega Town Hall has been and should continue to be a significant part of the region’s social and cultural resources. The Cultural Facilities Review, independently conducted by South East Arts, identified the Town Hall as a significant cultural and community space, particularly as no public auditorium or conference facility is available, following demolition of the Bega RSL. The Functional Brief contained a mix of requirements as detailed in Attachment 2.

Consultation

There has been extensive public consultation; focus group and stakeholder discussion, together with media coverage of the proposed renewal of the Bega Town Hall/Civic Centre (refer previous consultation reports).

This report was deferred from Council’s Ordinary Meeting of 31 October 2012, following representation from the Bega Valley Ratepayers Association.

The main issues raised in that presentation and responses are summarised as follows:

Statement

“Do we need a town hall at all?”

Response

The extensive public consultation supported the need for Civic Function space in Bega and this is now accentuated with the demolition of the Bega RSL. It is considered the functional brief reflects the needs and aspirations of the Bega community and the broader Shire.

Statement

“Realistically, a reasonable return on the capital invested would seem to be out of the question”

Response

Unfortunately a positive rate of return on capital investment is rarely, if ever, achieved from community/public facilities. This is true for many of the Bega Valley community assets, including swimming pools, public toilets, playgrounds, sportsgrounds, libraries, town halls. While the Town Hall was managed by a community committee to the extent the facilities permitted, the broader and modern facilities and uses afforded in the functional brief, may achieve a better mix of usage and return, particularly as there is no competition in Bega. Until Council confirms which tender it prefers, if any, an operational model and costings based on design of the centre cannot be provided.

Statement

”…Williams Ross which strongly recommends that a replacement Hall should NOT be just built in the same spot”

Response

Reference to the consultant’s report is selective and taken out of context. The report was specifically commissioned at the Consultative Committee’s request, to more fully investigate the option of including a theatre in the functional brief for the site. The consultant’s conclusions in that regard were that the site limited the inclusion of a theatre and that the costs were well in excess of Council’s budget. The Consultative Committee therefore concluded that a theatre should not be included in the proposal.

Statement

“Here are some thoughts from outside the square.”

Response

Council, the Consultative Committee and Council officers have inspected and considered other suggestions, including Bega Showground, Kings Theatre and Bega Basketball Stadium. Each site has advantages and disadvantages, however the overwhelming support remains with the Bega Town Hall as the preeminent site.

Financial

As reported previously to Council, the funding allocation for the Town Hall project is $5.5m excluding GST, utilising reserves and proceeds of sale from the Zingel Place land ($3.5m) for the proposed upgrade component of the project and loan borrowings for the renewal component ($2m).

Resources (including staff)

Significant staff time has been utilised in the consultation, document preparation and assessment.

Operational Plan

Renewal / upgrade of Bega Town Hall is listed as a Major Project and a Cultural operational action in the CSP theme area of Liveable Place.

Conclusion

The Reference Panel, following consideration of Stage 2 EOI submissions, recommends that D&C groups be invited to formally tender for the Civic Centre development. At the previous Council meeting, councillors also considered the tender be subject to a Development Application, and before Council finally considers the results of tenders, that a business plan for the use of the proposed Civic Centre including uses and operational costs be prepared. Councillors also discussed that if in due course no tender is accepted, Council consider the refurbishment option.

Councillors are also asked to give consideration to modifying the Functional Brief, to better define the project’s outcomes, as outlined in this report.

ATTACHMENTS

1 View. Confidential attachment for Bega Town Hall EOI Assessment (Councillor Only)

2 View. Bega Town Hall Development Functional Breif (rev 3 Dec 2010)

Recommendation

1. That Council approve the invitation to tender for the demolition, design and construction of the Bega Civic Centre from (insert name).

2. That Council approve the changes to the Functional Brief as detailed in the report:

· Removal of pedestrian access between the BVSC staff car park and Zingel Place.

· Box Office/Cloak room requirements be changed to a ticket counter

· Catering capacity be reduced to 350 people in line with serving capacity.

· The building meet BCA environmental sustainable provisions.

Council	21 November 2012
*Item 11.8 - Attachment 2*	*Bega Town Hall Development Functional Breif (rev 3 Dec 2010)*

BEGA TOWN HALL DEVELOPMENT - FUNCTIONAL BRIEF (rev 3 Dec 2010)

General

The existing Bega Town Hall is located on the southern side of Zingel Place, Bega. A large community building, built over 50 years ago, that dominates the civic place known as Littleton Gardens. It is proposed that a new Community facility be built to replace the existing hall and associated supper room with a flexible multi functional complex that integrates with the community meeting place of Littleton Gardens and is based on principles consistent with the Town Centre planning report and investigations of the community’s future needs for regional centre infrastructure’.

The requirement is for a multi purpose hall with building floor plan to allow flexibility of use. The focus of most events will be either the stage or the central dance floor. The hall will provide use for small musical recitals, conferences, speech nights as well as large meetings touring bands and ball functions with large attendances.

The new facility is to be adaptable for both large group (wedding, birthday, function use), and also suitable for smaller group such as small meetings or conferences requiring multiple rooms

• The new hall should be accessible from the existing Zingel Place pavement level to facilitate ease of entry and obviate the need for stairs or ramps, and relate well to the proposed enlarged and redeveloped Littleton Gardens and Woolworths marketplace plaza,

• Service access to the building can only be from the Upper Street Council car park, including food and beverage deliveries, function materials, plant servicing and garbage removal.

• All public spaces should incorporate environmentally conscious air conditioning, with the ability to shut down areas not in use. Energy efficiency measures should also include solar roof panels for electricity production, solar boosted water heating, and the capture and reuse of roof rainwater. All areas should use low energy fluorescent lighting where possible and variable lighting levels should be available.

• The design should accommodate provision for public and aboriginal art, and the use of appropriate materials where possible and prudent,

• As a central public building with pride of place in the community the new building should be large enough and of such presence to be a dominant feature of the civic square. The new facility should be at grade with Zingel Place and therefore is likely to be at least 2 storeys in height, to connect to the car park at the rear for loading. This presents an opportunity for additional floor space, at a second floor or mezzanine level, for example Council chambers, committee room, art gallery or office accommodation.

• The option of a mezzanine level to the hall will assist in increasing the capacity of the hall subject to effective viewing and sight lines being provided.

• Possible public safety and crime issues must be a consideration.

• The external appearance of the building should complement the existing Council building, generally as indicated in the Town Centre Design guidelines.

• Pedestrian access provision from council’s rear car park must be provided to Zingel Place.

Seating Layout and Audience Capacity

Furniture layout will vary depending on the function and the building floor plan should allow a variety of configurations including rows of seating, banquet tables and large party/celebration arrangements.

To allow for the appropriate atmosphere of different types of use and varying audience sizes minimum seating requirements are as follows:

• Row seating layout based on conventional arrangement with intermediate aisles located to maximize seating to centre of the auditorium. Row to row spacing to be at least 1000mm with main hall capacity of 500 seats (excluding any mezzanine seating).

• Banquet seating too be of flexible arrangement depending on the requirements of the individual function and will cater for a total of approx 350 people on the main floor.

• Moveable partitions are required to section the hall into conference and/or meeting rooms and will have capacity of up to 100 people when arranged in row seating or meeting room configuration.

• Chairs to be of high level durability and comfort, suitable for banquet and performance seating. They shall be stackable, easily stored and minimum width of 530mm.

• Areas for seating people with disabilities are to be provided in the main floor of the hall. The flexible seating arrangement will allow for wheel chairs to be prominently positioned within seating layout.

Key Internal Building Elements

• Floors to be suitable for multi purpose use and without limiting design flexibility is expected to combination of timber and carpet surfaces.

• The ceiling is to be shaped, and of a suitable reflective material as to achieve the required acoustic performance. The hall will need to be used for unamplified music recitals along with speeches, public meetings, conferences and other performances which will use amplified sound systems. To satisfy the need for amplified and non amplified sound a mixture of absorptive and reflective materials acoustic designed is envisaged. The acoustic requirements of the Town Hall maybe such that devices to adjust acoustic performance maybe required.

• Access to the Town Hall should ideally be provided on both sides of the main floor. However, due to the site restrictions this may not be possible. Direct level access to Zingel Place is considered important for general patronage and those with special needs. Additional emergency access to be as required to meet BCA.

• Sound and light locks to entry doors should, where possible, be provided to ensure isolation between the Town Hall and external interruptions.

• Passenger and goods lifts will need to be incorporated into the design to meet accessibility and OH&S requirements.

Stage

The Town Hall stage is required to be designed for different performance use including small scale music recitals, conferences, speeches and bands of up to 25 players. Centrally located to one end of the hall, the stage should accessible to the audience for presentations. The capacity to undertake local theatrical performance is to be included.

The stage will be in two parts, a permanent section and a number of mobile platforms that can be used to increase the stage size and which are stored under the stage when not in use. The stage structure is to be flat and should be constructed of quality timber, tongue and groove strip flooring with high quality dual finish. Stage wings and scenery space consistent with local theatre presentations is desirable.

Final performance width, depth and height above main floor are subject to design development but are expected to be in the order of 15m, 10m and 1.5m respectively.

Dressing Rooms

Provision of dressing rooms shall be limited by the capacity of the site and proposed stage capabilities however must be consistent with stage size and use with peak demand envisage to be local theatrical performances and school presentation evenings.

Foyers and Public Spaces

The main foyer should be adjacent to Zingel Place and to be designed for efficient access to facilities and large enough for uses such as the display of artwork, social functions and small receptions. As the initial point of public contact with the building it should be a pleasant airy and open space, able to be used as display area in addition to being a public gathering area, the foyer should be as open as possible with views to Mount Mumbulla and Littleton Gardens. This space should have local art incorporated into the design in some way.

Foyer space commensurate with egress requirements are to be included along with multiple entry points to the main room to allow for good layout flexibility

Functional elements will most likely include:

• Box office/information counter

• Cloakroom

• Food and drink servery- should include a small wet bar area for the serving of pre-function drinks and coffee and tea post function and capable of separate enclosure for leasing as café space.

• Primary access space

• Public notices and display

• Public furniture, waiting seating and possible lounge areas

Toilets

The approximate number of public sanitary facilities required for the town hall is regulated under the BCA. The requirements are however minimum and ideally additional facilities should be included to accommodate the potential for future commercial leasing and liquor licensing.

Catering Services

A kitchen associated with the town hall will provide food and beverages catering for balls, conferences, parties and exhibitions. This will require a commercial kitchen capable of preparing, part preparing and finishing for sit down and buffet meals for approximately 500 persons.

Kitchen should be well located with good access to main hall for efficient catering and loading bay for delivery and kitchen servicing.

Final kitchen requirements will be subject to detail design but include the following minimum facilities;

• Cooking equipment- finishing and warming

• Refrigeration

• Cool rooms

• Benches for preparation, plating and serving

• Washing

• Space for auxiliary equipment eg hot box, power bain-marie

Administration

The running of the facility requires a small office area for Manager and support staff and equipment. Space is to be a minimum small office and work space area approximately 20 square metres.

Lighting System

The system installed in the Hall should be of good quality and suitable for stage, fore stage and spot lighting suitable for public address, conference and stage presentations. In addition, reticulation ductwork and cabling is to be provided that would facilitate the later augmentation of the system and also the temporary installation of hired or brought in equipment by event organisers.

Sound System

The system installed in the Hall should be of good quality and suitable for public address, conference and stage presentations. In addition, reticulation ductwork and cabling is to be provided that would facilitate the later augmentation of the system and also the temporary installation of hired or brought in equipment by event organisers.

A public address system will be required for speeches and conferences with most performances expected to be amplified. However, the building floor plan and acoustic design must also consider use for unamplified music recitals. An induction loop is to be provided for the sound reinforcement for the hearing impaired.

Communications

The new hall should incorporate into its construction current standard audio visual technology, video conferencing facilities, high speed secure data network, display/theatre lighting and allow for augmentation and upgrade.

Design submissions shall include details of communication systems including and not limited to, voice, data and visual.

Building Services

General building services are outlined as points below are to be detailed in design submissions;

• Air Conditioning

• Fire Protection

• Electrical supply and general house lighting

• Hydraulic and sanitary services

• Energy efficiency and renewable power generation option

• Indicative operating costs (energy)

Council 21 November 2012 Item 12.2

12.2. Certificate of Investments made under Section 625 of the Local Government Act 1993

To report the details of Council’s investments during the month of October 2012.

Finance Manager

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

ISSUES

Legal

Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.

Policy

Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 9 October 2012.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.

Financial

The attached report indicates a current investment portfolio of $50,460,498. These funds can be broken into the following Funds:

Funding source	August	September	October
General Fund	$35,445,364	$35,726,596	$35,867,032
Water Fund	$8,749,118	$8,749,118	$8,749,118
Sewer Fund	$5,844,348	$5,844,348	$5,844,348

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

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.

ATTACHMENTS

1 View. 2012.11.21 GS 3 certificate of investments Attachment

Recommendation

1. That the attached report indicating Council’s Investment position be received and noted.

2. That the Certificate of the Responsible Accounting Officer be noted.

Council 21 November 2012 Item 12.3

12.3. Annual Report 2011-2012

Council is required to consider and publish its Annual Report and provide a copy to the Division of Local Government by 30 November 2012

Group Manager Community & Relationships

Background

Each year Council is required to produce a comprehensive Annual Report that provides details on the organisation’s activities and finances over the period of the previous financial year. The NSW Division of Local Government (DLG) provides guidelines for the production of the Annual Report and requires a copy of the report for its records.

Council is required to submit an Annual Report within five months of the end of each financial year. The Annual Report requirements under the Local Government Act (1993) and General Regulation (2005) are:

1. Completed within 5 months of the end of the financial year.

2. Copy provided to the Minister for Local Government via the Division of Local Government.

3. Copy of council’s audited financial reports. (These should include, as a minimum, the statements of financial performance, financial position, equity and cash flow, the auditor’s report and the “audit opinion”.)

4. Amount of rates and charges written off during the year.

5. Outline of Council’s achievements in implementing its delivery program. In the year of the ordinary election, it will also include an outline of achievements in implementing the community strategic plan.

6. Report as to the state of the environment in the area. In the year of the ordinary election, this will report in relation to the objectives for the environment established by the community strategic plan.

7. Summary of the amounts incurred by the council in relation to legal proceedings.

8. Summary of the state of progress of each legal proceeding and result.

9. Total amount of money spent on mayoral and councillor fees.

10. Council’s policy on the provision of facilities for use by councillors and the payment of councillor expenses.

11. Details of overseas visits by councillors, council staff or other persons representing council.

12. Total amount of money expended during that year on the provision of councillor facilities and the payment of councillor expenses, including separate details of the total cost of:

· Provision of dedicated office equipment allocated to councillors.

· Telephone calls made by councillors.

· Attendance of councillors at conferences and seminars.

· Training of councillors and provision of skill development.

· Interstate visits by councillors, including transport, accommodation and other out of pocket travelling expenses.

· Overseas visits by councillors, including transport, accommodation and other out of pocket travelling expenses.

· Expenses of any spouse, partner or other person who accompanied a councillor.

· Expenses involved in the provision of care for a child or an immediate family member of a councillor.

13. Statement of the number of senior staff employed by the council during the year.

14. Statement of the total remuneration comprised in remuneration packages of each senior staff member employed during year. Includes for each such member, total of the following:

· Total value of salary component of package.

· Total amount of any bonus payments, performance or other payments that do not form part of salary component.

· Total payable superannuation (salary sacrifice and employers contribution).

· Total value non-cash benefits.

· Total payable fringe benefits tax for non-cash benefits.

15. Details of contracts (other than employment contracts) awarded for amounts greater than $150,000. Including:

· Name of contractor.

· Nature of goods or services supplied.

· Total amount payable under the contract.

16. Report on the council’s performance in relation to access and equity activities to meet residents’ needs outlined in council’s operational plan.

17. Summary of resolutions made under section 67 concerning work carried out on private land. Includes:

· Summary or details of work.

· Cost of work fully or partly subsidised by council.

· Total amount by which council has subsidised any such work.

18. Total amount contributed or otherwise granted under section 356 (financially assist others).

19. Statement of human resources activities.

20. Statement of activities to implement EEO management plan.

21. Statement of external bodies that exercised functions delegated by council.

22. Statement of all companies in which council held a controlling interest.

23. Statement of partnerships, co-operatives or other joint ventures including public-private partnerships to which council was a party.

24. List of category 1 business activities. Includes:

· Statement of expenses, revenues and assets for each activity.

· Comparison of performance with projected performance and statement of reasons for difference for each activity.

25. List of category 2 business activities.

26. Comparison of actual stormwater management services with projected stormwater management services as proposed in the management plan, including a statement of reasons for any difference.

27. Statement on activities relating to enforcing and ensuring compliance with the Companion Animals Act and Regulation, including information on:

· Lodgement of pound data collection returns with the department.

· Lodgement of data relating to dog attacks with the department.

· Amount of funding spent relating to companion animal management and activities.

· Companion animal community education programs carried out.

· Strategies council has in place to promote and assist the de-sexing of dogs and cats.

· Strategies in place to comply with the requirement under section 64 (Companion Animals Act) to seek alternatives to euthanasia for unclaimed animals.

· Off leash areas provided in the council area.

· Detailed financial information on the use of Companion Animals Fund money for management and control of companion animals in the area.

28. Particulars of compliance with and effect of planning agreements in force during the year.

Additional information provided as part of the transition of annual reporting to the integrated planning and reporting framework includes:

29. Report on condition of public works (including public buildings, public roads and water, sewerage and drainage works). This should be consistent with council’s asset management plan and capital works program. As a minimum, the report should contain the information disclosed in Special Schedule 7 of the financial statements.

· Public works report includes estimate of amount of money required to bring the works up to a satisfactory standard.

· Public works report includes estimate of annual expense of maintaining the works at that standard.

· Public works report includes council’s program of maintenance for that year.

30. A report on bush fire hazard reduction activities.

31. Details of programs to promote services and access for people with diverse cultural and linguistic backgrounds consistent with principles of multiculturalism.

32. Details of activities to develop and promote services and programs that provide for the needs of children. (This should be consistent with council’s community plan.)

33. Summary of progress of council in implementing principles of competitive neutrality.

34. Statement as to whether competitive neutrality pricing requirements have or have not been applied to each Category 1 business activity.

35. Statement re the establishment of a complaints handling mechanism for competitive neutrality complaints. Includes:

· Manner in which publicises and makes known to public.

· Summary of complaints received.

· Subject matter or nature of complaints.

· Statement as to outcome of complaints includes number disposed of and number outstanding.

36. Information included on Freedom of Information activity.

37. A statement of action taken by the council in complying with the requirements of the PPIP Act.

38. Statistical details of any review conducted by or on behalf of the council under Part 5. (Part 5 relates to the review of certain conduct being: Contravention by council of an information protection principle or of a privacy code of practice, or disclosure of personal information kept in a public register.

A draft copy of the full Annual Report 2011-2012 will be provided under separate cover to accompany this report. The report will be placed on public exhibition and formally lodged with the DLG.

ISSUES

Legal

The Annual Report requirements are documented in the Local Government Act (1993), General Regulation (2005) and Integrated Planning and Reporting Framework.

Financial

The 2011/12 Financial Report is being presented separately to the Council meeting of 21 November 2012 for adoption, in conjunction with a presentation from the Auditor.

Conclusion

The 2011/12 Annual Report has been prepared to comply with the legislative requirements, to fit with the new integrated planning and reporting framework, and to overview the achievements against the 2011/12 Operational Plan. The 2011/12 Financial Report is being presented separately to the Council meeting of 21 November 2012 for adoption.

ATTACHMENTS

Nil

Recommendation

That the 2011/12 Annual Report as provided to the meeting of 21 November 2012, be adopted.

Council 21 November 2012 Item 12.4

12.4. Regional Development Fund round 3 and 4 projects

Regional Development Australia Fund rounds 3 and 4 EOIs close on 6 December. Council needs to determine its priority projects for the two rounds.

General Manager

Background

The Regional Development Fund (RDAF) supports the infrastructure needs to regional Australia. Over the past five years nearly $1billion has been allocated by the federal government to the program. It is designed to support projects that boost economic and community development as part of the Australian Government’s commitment to regional Australia. The Four Winds Festival in Bega Valley was a successful applicant in Round 1 of RDAF last year to build a sound shell and amenities at Bermagui, receiving $1.67 million, following its endorsement by RDA – Far South Coast. It is understood that application and project has been promoted as a model by RDA.

A key assessment criteria of RDAF is to support projects which are identified by local communities. Rounds 3 and 4 are available to local government and not for profit organisations.

Round Three: will support small towns (population of less than 30,000) with a total fund pool of $50 million in grant funding to be provided. Grants of between $50,000 and $500,000 are available. Consortia may apply, however income thresholds apply to the lead agency.

Round Four: will support strategic infrastructure projects and is modelled on the RDAF Rounds One and Two. A total of $175 million in grant funding will be provided. Grants are available of between $500,000 and $15 million.

Expressions of Interest close on 6 December 2012. Should the project/s be shortlisted through RDA, then formal submissions are required by 27 March 2013. Successful projects must start within 12 months of signing contracts and be completed by 31 December 2016.

Each RDA Committee is to choose three projects considered most beneficial to the region and met the objectives of the respective RDA strategic plan, and submit to RDAF for assessment.

Information about the two programs, the program guidelines and EOI application forms and frequently asked questions information can be found on the following webpage:

http://www.regional.gov.au/regional/programs/rdaf.aspx

Council should determine its priority projects in line with its adopted Community Strategic Plan. The following projects are submitted for consideration and final resolution in relation to priority.

ROUND THREE POTENTIAL PROJECTS

1. Twyford Hall - The ‘Theatre Twyford’ project is the completion of a staged development to establish the Bega Valley community`s first performing arts complex. A development consent is in place.

It involves the construction of a purpose built auditorium-style raked theatre with a seating capacity for 200 patrons. The theatre will be built adjacent to and connected to the existing 1930`s heritage listed Twyford Hall in the town of Merimbula on the south coast of New South Wales.

The charter of Twyford Hall Incorporated, the body building the Theatre Twyford, is to provide cultural and performing arts facilities to a wide range of community organisations within the Far South East of New South Wales. This will include providing for local groups as well as attracting cultural acts and events from outside the area, which currently do not have adequate performing facilities due to the lack of a raked purpose-built theatre with modern dressing rooms and sound and light systems.

The estimated cost of construction is in the vicinity of $2,000,000 to $2,250,000. The Incorporated body has some funds raised and has an income source through the use of leased shop front/s owned by Council to support loans to finalise this project. The project however also requires a significant injection of funds to get to the next stage.

2. Sapphire Coast Marine Discovery Centre – Council has previously resolved to support the SCMDC to secure a site in Eden to further develop its research and education projects.

SCMDC has prepared a Masterplan for the refurbishment of its existing facility and adjacent buildings leased to private and government operators. The initial refurbishment is estimated at $5m, and has been recognised as a significant project within the Eden Port Strategy. This may include a project to improve seawater flushing into the laboratory/research section of the facility.

Council has also supported the SCMDC Board lodge an expression of interest for the purchase of the Mobil site in Eden. Discussions have been held with universities and agencies to facilitate a potential co-investment in a purpose-built research and education facility. Council may assist by providing adjacent lands for short term accommodation associated with the facility. Other than the bid offered to acquire the site, costs associated with this project are unknown at this time.

Both these proposals may require lodgement by Council as lead agency, or evidence of support to those organisations, under Round 3.

ROUND FOUR POTENTIAL PROJECTS

1. Breakwater Wharf Extension - Council has worked closely with NSW Trade and Investment, Lands, Eden Chamber and South Coast RDA to have the development of Eden Port a priority on state and regional infrastructure and economic strategies, as well as in council’s own community strategic plan. A four point plan (breakwater wharf extension, wave attenuator, SCMDC refurbishment, wave energy plant) had been presented to NSW Government and Infrastructure Australia proposing public and private sector investment in the Port, and has been referenced as a high priority in the South East Regional Action Plan 2012.

This project involves extending the current 105m breakwater wharf platform by a further 165m, including heavy lift zone, crew facilities and marine fuel. Its capable of two stages (estimated total cost of $18m). Concept designs, economic feasibilities and business case studies and reports have been prepared.

Stage 1 is recommended to be submitted in RDAF Round 4. It consolidates stevedore/provedore for large offshore supply vessels and enables international cruise ship berthing, utilising dolphin buoys:

Stage 1: 95m extension (incl heavy lift zone, dolphin buoys) - est $ 12m

Such an injection of RDAF funds would:

· Increase the opportunity for cruise ships to directly moor on the port rather than the cumbersome process of using small boats to ferry passengers to and from the port

· generate a sustained trade in the provision of goods and services to the East Gippsland offshore oil and gas sector.

· generate an additional 15 full time jobs in the operations directly related to the stevedoring and provedoring of offshore oil and gas supply and project vessels (base case scenario).

· potentially directly generate an additional 35 jobs in the medium term - a total of 50 people directly employed in servicing the offshore oil and gas sector, and

· further 20 jobs could be indirectly generated in the retail, accommodation, café and restaurant sectors under the base case scenario

2. Wave Attenuator Eden – while marina proposals have been put forward by Eden Hotel Resorts and Port of Eden Marina (POEM) groups, it is suggested government investment in a wave attenuator across Snug Cove protects public and private infrastructure and vessels from south west swell and storm activity, and enables the Port to be classified as ‘safe’ for commercial and recreational shipping purposes. Council has funded initial concept designs, economic feasibilities and wave studies, and more recently a marina feasibility study.

A wave attenuator of 150 metres - attenuating the 1.3m external significant wave height to 0.40-0.60m inside the harbour is proposed, together with some landside hardstand for carparking, with Stage 1 enabling the private sector to construct and operate a marina of 98 berths. The concept may work with connection to Cattle Bay and Thompsons Point, provided wave attenuation is provided to the harbour:

Stage 1 – (est $8m): floating structures, piling and services (98 berths); marina amenities/administration block; pump-out facility; 85 car park spaces

Such an injection of RDAF funds would provide:

· Positive NPV of $5.9m for the marina development project based on an 11 year operational time frame.

· Creation of 9 additional jobs for the wave attenuator component and an additional 14 jobs for the marina component

· Accommodate the yachts and reinforce the tourism sector in Eden through introduction of long-term vacationers.

· Opportunity for private sector to construct and operate marina and tourism precinct

Council has worked closely with government agencies, RDA and Local Members to prepare the ground work for these projects – Stage 1 of both exceeds the $15m RDAF cap. However, should that funding be successful, the NSW government (as owner of the Port assets) and private sector interests as marina developer for example, should be approached to cover the $5m gap as both are beneficiaries of that federal government injection of capital.

Notwithstanding, as only local government or NFPs can be applicants, then the matter of ‘ownership’ of Snug Cove lands and the port infrastructure needs resolution - discussions are underway.

The opportunity through these projects to transform Snug Cove into a tourism hub, with a wharf capable of supporting cruiseships and super yachts, a hotel resort and a marina servicing recreational craft, could enable the repositioning of the southern side of the harbour into a working port servicing timber, minerals and other freight sourced from intra and interstate, with access to the Hume Highway corridor.

3. Merimbula Airport – should the Eden Port projects not be capable under the terms of the RDAF EOI, then Council may wish to consider the upgrade elements proposed under the former Merimbula Airport Strategy.

Notwithstanding the current position regarding the route licence and airport management, Council has proceeded towards preparation of the business plan (operating model) and Masterplan (technical layout) for the airport – a prerequisite for security or development grants with government – and would be in place by the time formal RDAF submissions are required.

ASSESSMENT PROCESS

Council should determine its support via resolution for the projects which will then be progressed to the Regional Development Australia Far South Coast Committee for appraisal against other projects submitted by the region. The FSCRDA covers the local government areas of Shoalhaven, Eurobodalla and Bega Valley.

Once supported by the local RDA, applications are forwarded to the national assessment process and more detail requested from applicants.

Asset

Twyford Hall is a community asset held in trust by the Bega Valley Shire Council following a bequest of the land and funds to the community. The facility is managed and operated by an incorporated body who lease the facility from Council.

The Sapphire Coast Marine Discovery Centre is a not-for-profit community organisation with tax deductibility status.

The Port of Eden is owned by the State Government and operated by Sydney Ports Corporation.

Social / Cultural

The Twyford Hall and SCMDC projects will both add value to the cultural, social and education aspects of the community.

Economic

The wharf and wave attenuator projects in Eden are key infrastructure projects to enable development of a safe and expanded harbour and to support economic, employment and community activity in Eden and the region, including consolidation of cruiseship activity. Similarly, the Merimbula airport is recognised as a key economic driver in NSW government and regional strategies.

Strategic

The projects listed are consistent with Council’s adopted community strategic plan, Bega Valley 2030 and the Council’s long term financial plan.

Consultation

There has been consultation with the Twyford Hall Committee Incorporated, the Sapphire Coast Marine Discovery Centre and the Port of Eden stakeholders.

Conclusion

While Council had previously submitted projects such as the Merimbula CBD bypass in RDAF Round 1, it has now incorporated that project in the LTFP. The RDAF Rounds 3 and 4 focuses on Economic, Community, Arts & Culture, and Sports & Recreation categories. The success of the Round 1 Four Winds project proposal may be drawn upon in the drafting of submissions under Rounds 3 and 4.

There is a limit of one project per applicant per Round. Projects must have a ‘broader regional reach’, demonstrated community support and sound plans. EOIs close 6 December, with notification expected 13 February 2013, after which projects are invited to be submitted in detail by 27 March (Round 3) and 11 April (Round 4) for assessment and announcement by RDAF later in 2013.

ATTACHMENTS

Nil

Recommendation

That Council determine which project/s to be submitted as expressions of interest in RDAF Rounds 3 and 4, and if successful, as formal bids

Council 21 November 2012 Item 12.7

12.7. 2012/2013 September Quarterly Budget Review Statement

Budget review statements are prepared and presented to Council quarterly in

accordance with Section 203 of the Local Government (General) Regulations 2005.

Finance Manager

Background

Under the Integrated Planning and Reporting (IPR) guidelines, Council must present to Council a quarterly budget review statement (QBRS) for each financial quarter.

ISSUES

Legal

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

Budget review statements and revision of estimates

1. Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

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

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

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

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

Financial

The QBRS reports the detailed variances for the September 2012 quarter. In summary, the QBRS includes variances for:

· Revotes from the June 2012 QBRS

· Adjustments to bring the FAG grant paid in advance into the operating budget

· Adjustments to bring the HR Trainee program into the operating budget

· A variance to reflect the increased Southern Phone dividend

As per Council’s policy, the QBRS reflects the budget in a balanced position. All net movements are factored through the movement to and from reserves.

Conclusion

Council’s September 2012 QBRS has been presented to Council. Council budget performance is healthy and within the operating budget set by Council at Q1.

ATTACHMENTS

1 View. 2012-13 Quarterly Budget Review Statement period ending 30 September 2012

Recommendation

1. That Council note and endorse the September 2012 Quarterly Budget Review Statement.

2. That Council adopt the variances to its operating budget as outlined in the QBRS.

Council	21 November 2012
*Item 12.7 - Attachment 1*	*2012-13 Quarterly Budget Review Statement period ending 30 September 2012*

Council	21 November 2012
*Item 18.3 - Attachment 1*	*Memorandum to Councillors - Council's Energy Consumption.*

to	Mayor	ref	TRIM
cc	Councillors, General Manager, Group Managers
from	Andrew Woodley	date	7 November 2012
subject	Council energy consumption

Dear Councillors,

At the meetings of 9 and 31 October 2012 Councillor Hughes asked about Council’s annual consumption of electricity since signing up to the 50/50 by 2020 campaign, as well as the source and cost of that electricity.

Energy consumption by Council is being reported in recent years in the State of Environment Report, attached to the Annual Report. The data below is largely derived from the 2011/12 State of Environment Report that is currently being prepared.

Background

Council’s position on the 50/50 by 2020 initiative of Clean Energy for Eternity was resolved following a Mayoral Minute from then Mayor Cr Allen at the Council meeting of 29 August 2006. Council supported the objective of the community’s desire to set a target of a 50% reduction in energy use and the use of 50% of energy being clean renewable energy by the year 2020.

It would appear from Council records that community wide data on energy consumption at that time was not available. In addition, it appears that Council’s own energy consumption records for 2006 were not collated and so baseline community and Council energy consumption figures are not available.

Energy data

Although an energy use baseline for 2006 is not available, Council staff have been able to collate corporate records on energy consumption from 2009. The data for the period from 2009 is contained in Table 1 below.

Table 1 – Bega Valley Shire Energy Consumption

Raw use	2009 - 10	2010 – 11	2011 - 12
Total Energy (kWh)	6,077,033	5,317,292	5,599,370
Green energy (kWh)	6,077,033	5,317,292	3,113,266
Unleaded fuel (kL)	183	166	187
Diesel fuel (kL)	838	829	832
Total Street lighting (kWh)	1,064,013	1,050,428	1,159,726
Green street lighting (kWh)	1,064,013	1,050,428	414,018
LPG (Gj)	Not collected	Not collected	3

The data includes all corporate energy use, electricity, fuel and gas. Interestingly, electricity use has decreased 477,663kWh between 2009/2010 and 2011/2012. This represents a 7.8% reduction across the period.

In terms of specific electricity use Tables 2 and 3 below show consumption and costs across the main areas of Council’s operations and activities over the same three year period.

Table 2 – Bega Valley Shire Council Electricity Use

Unsurprisingly water and sewerage services account for the large majority of Council’s electricity use and costs with Council buildings, swimming pools and depots also consuming considerable electricty.

Table 3 – Bega Valley Shire Council Electricity Costs

Detailed costs across the three year period depict overall increases, despite the reduction in consumption of electricity across the same period. The table also includes projections of likely corporate electricity costs for the current year based on trends to date and publicised approved increases in wholesale pricing of electricity.

Table 4 - Actual & Projected Electricity Costs

Table 4 shows the total actual cost of electricity for Council and projects the costs forward to the 2014/15 period based on best assumptions. Such cost projections represent a very real challenge for Council.

Energy Efficiency Initiatives

When contracting the corporate electricity supply in 2006, Council records indicate that the opportunity was taken to include 100% green energy into the electricity contracts for all of Council’s sites and operations. At the time, the pricing differential from green energy to standard was not significant. During this contract period, which ran through to 1 January 2012, all electricity used by the organisation was generated from a renewable source. This can be seen in Table 1 above.

Contract changes from 1 January 2012 would have significantly increased the green energy premium and a decision was taken to invest this into a program of energy efficiency and site-specific renewable energy initiatives. At present the focus is to further improve organisational efficiency and reduce the associated energy costs in the face of rapidly increasing electricity prices.

Council has engaged the services of an expert “scorekeeper” to gather detailed data on electricity use. These data allow staff to better identify energy efficiency opportunities and measure the results of efficiency projects.

An Organisational Efficiency Fund has been established to identify and support projects which will improve the efficiency of operational activities. Guidelines for the fund have recently been approved and initial projects are being scoped. This funding can also be used as a contribution in applying for external funding.

Additionally, Council has joined the NSW Sustainability Advantage Program and two major sites were selected for a resource efficiency initiative. Action plans for the Administration Building and for the Eden Sewerage Treatment Plant have been prepared. These plans are used to assist in the allocation of capital works funds, as well as measuring the resource use from these and other facilities.

Council is involved in a trial with Essential Energy to install an “intelligent” solar energy system on the Bega Library. A large battery array stored in a shipping container is charged during the day and released to the network during early evening demand. The Library will benefit from a portion of the excess solar energy once the batteries are charged. Billing data is yet to be received to see the actual benefits.

A number of Council-owned Rural Fire Service buildings and community halls have photovoltaic solar panels installed by local groups and committees.

Summary

Staff will continue to monitor and report on energy consumption in future State of Environment reports. Actions will continue to be developed and implemented to improve environmental and economic outcomes.

Andrew Woodley

Group Manager Planning & Environment

Council	21 November 2012
*Item 18.5 - Attachment 1*	*Memo to Councillors Response to QON 161 Auckland Street, Bega*

to	Mayor	ref
cc	Councillors, General Manager, Executive Manager, Group Managers
from	Leanne Barnes/Wayne Sartori	date	8 November 2012
subject	Question for the Next Meeting Cr Britten: 161 Auckland Street – parking matters

Councillors

At the Council meeting on 31 October 2012:

1. Cr Britten asked a question regarding a letter to him from Ms Lianne Britten concerning 161 Auckland Street, Bega. Her letter was about problems encountered during the construction of the Woolworths development and ongoing issues regarding parking outside the property.

Ms Britten and her parents Mr and Mrs K Britten have corresponded frequently and met regularly with Council staff since July 2011 in relation to a number of matters focussed on the disruptions, noise, access and site works associated with the Woolworths development facing their property on Auckland Street.

Matters relating to the construction matters have been dealt with and in 2012 issues around parking, access and works on resurfacing of Auckland Street post construction, and the installation of traffic lights have been the focus of correspondence and meetings.

The key concern at this time is parking requirements in front of their home at 161 Auckland Street. Cr Allen as the Mayor tabled a petition at the 14 August meeting signed by 80 people “supporting the exemption of the residents of 161 Auckland Street Bega from the parking rules that exist in front of their residence and within the block from the intersection of Upper Street and Auckland Street to the intersection of Hill Street and Aucland Street. We feel the current inability of the residents to park in front of their own home needs to be resolved by a simple pass/sticker system.”

In relation to a summary of the pages of items raised by the Britten’s since July the following information is provided:

Presenting to Traffic Committee a change to the hours and days of the no parking limits imposed directly in front of our residence at 161 Auckland St. Bega as soon as possible.

Staff had commenced actioning this matter prior to the meeting as general business item and it was progressed at the traffic committee, a report to Council is not required. The traffic committee considered three different sign types for the 2 hour on street parking in Auckland Street. There were no objections raised in Council rationalising the signs to be compliant with the standards as shown as R5-362. This removed the 7 day restriction for on street parking and falls in line with the remaining areas of the CBD. The 2 hour signage is now in place, consistent with adjoining areas.

It is staff understanding that the Britten’s have disabled stickers on the their vehicles and they are therefore exempt from the 2 hour zone restriction.

An immediate interim response to cover the gap that has now occurred due to the failure to bring this matter to council after receipt of my email dated July 5, 2012 with regards to parking for residents of the home located at 161 Auckland Street, Bega. AND The introduction of the new amendment for 2 parking passes to be provided to the residents of 161 Auckland Street, Bega for unlimited parking in front of their own residence.

The process of reporting a matter of this nature to Council requires the following process - receipt of request, consideration by staff as to what research, consultation or referral to other agencies need to be undertaken. In most circumstances this can take a matter of weeks and in some times months for more involved matters. The development of a Resident Parking Scheme will require investigation followed by a report to Council to establish policy position and to Traffic Committee for specific site implementation. This will take significant time.

Resident Parking Schemes will have far reaching and precedent implications across Bega and perhaps other towns. The matter requires research and reporting to Council to establish a policy and procedure position addressing advantages and disadvantages of such a system. Issues that must be addressed in any future adopted policy/procedure include;

· The extent of resident parking scheme zone

· Are zones to be exclusive for residents

· Criteria for establishing such zones

· Zone must be clearly indentified and unique ie permits in 1 area do not apply in other areas.

· Number of permits provided and issuing criteria eg owner or occupier, do businesses and visitors qualify.

· Administration issues such as annual review to maintain currency, recording keeping and printing of permits.

Consultation directly with the residents, Mr. Ken, Mrs Margaret or Lianne Britten regarding the shutting down of the streets for roadwork and when any lime or other dust causing irritant is applied to road works in front of the house PRIOR to any such roadwork or construction taking place.

The usual process for major works is for this to happen via advertising in the local papers and letter box drop residents directly affected and this was done for the recent works including advertising in the Bega District News. Staff will continue this approach, for major works and advise residents directly. This does not occur for minor and routine works which are limited in scope and duration. There has been one recent incident at the intersection with Upper Street where staff did not notify the Britten’s as it was some distance away from their property. Staff also commenced early on that occasion to avoid disruptions to business and the school activities. This has now been corrected and Council staff apologise for the early start.

The issue of reconstructing the driveway entrance so that cars can get in and out as is not the case at the moment due to the steep grade from the constant sub-par tarring and roadwork that has not accounted for grade. As a result of such ongoing tarring and roadwork it has made it virtually impossible for my father (an almost 80 year old veteran of the wars) to get his caravan out of his own driveway!

The Britten’s driveway has long been a problem to them which was slightly aggravated by the recent renewal works in Auckland Street. In an effort to resolve the matter in a cooperative way the driveway has been surveyed and redesigned. The works will require complete reconstruction of the driveway including works on the adjoining footpath. This work has yet to be explained to the Brittens and is scheduled to be undertaken with the traffic signal civil works.

An update as to the advice of the regulatory body with regard to the traffic issues currently experienced and the upcoming issue of the construction of street lights at the corner of Upper and Auckland Streets, further limiting parking in front of the residence and a continued failure to consult the residents of the SOLE home residence in Bega as to these issues/limitations and adverse affects upon their lives.

Traffic study/plans for Bega are planned for the next 12 months. The 'regulatory body' undertakes decisions / approvals in accordance with its legal /policy/ practice requirements. The issues of traffic, development and growth are issues for the entire community and are dealt with in this broader context. There will be broad consultation in the development of this work which will be broadly advertised.

In late October Council received correspondence from Mr Britten attaching a Penalty Notice for a vehicle parked in Auckland Street exceeding the 2 hour signed period. A letter has been sent to Mr Britten explain the process for disputing this matter. If this was for Mr and Mrs Britten’s vehicle with the displayed disabled sticker then staff can review this matter, however it does not appear that this is the case..

Council	21 November 2012
*Item 8.1 - Attachment 1*	*SEROC Submission to NVR Review*

Council	21 November 2012
*Item 8.2 - Attachment 1*	*Proposed Merimbula CBD Alcohol Free Zone*

Council	21 November 2012
*Item 8.3 - Attachment 1*	*Letter from Hon. Brad Hazzard MP - return of local planning decisions to local councils*

Council	21 November 2012
*Item 8.3 - Attachment 2*	*Planning and Infrastructure circular Delegation of plan making functions*

Council	21 November 2012
*Item 9.1 - Attachment 1*	*Hall Committee Guidelines*

Council	21 November 2012
*Item 9.1 - Attachment 2*	*Cemetery Committee Guidelines and Operations Manual*

Council	21 November 2012
*Item 10.3 - Attachment 2*	*Map 1 Proposed site for Merimbula Cultural Centre - Lot 1 DP 1004805*

Council	21 November 2012
*Item 10.3 - Attachment 3*	*Map 2 Merimbula Airport Precinct Lands - North and East of Proposed Merimbula Cultural Centre Site*

Council	21 November 2012
*Item 10.3 - Attachment 4*	*Map 3 Merimbula Airport Precinct lands - South of Merimbula Cultural Centre proposed site*

Council	21 November 2012
*Item 11.1 - Attachment 1*	*RFS locations*

Council	21 November 2012
*Item 11.5 - Attachment 1*	*Copy of Infrastructure Report 4 presented to Council Meeting of 29/11/2012 Discussion on a Waste Disposal Voucher System*

Council	21 November 2012
*Item 11.6 - Attachment 1*	*Project List - Sportsground SV*

Council	21 November 2012
*Item 12.2 - Attachment 1*	*2012.11.21 GS 3 certificate of investments Attachment*

Council	21 November 2012
*Item 12.5 - Attachment 1*	*Regional Airport Development 2013 Agenda*