AGENDA - Eurobodalla Shire€¦ · Local Government Act because it contains commercial information...

AGENDA

Ordinary Meeting of Council

22 October 2013

i

ORDINARY MEETING OF COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS, MORUYA

ON TUESDAY 22 OCTOBER 2013

COMMENCING AT 4.00PM

AGENDA

(Proceedings of this meeting will be recorded as per Eurobodalla Shire Council’s Code of Meeting Practice)

1. WELCOME AND EVACUATION MESSAGE

2. APOLOGIES

Nil

3. QUESTIONS FROM PUBLIC GALLERY (AGENDA ITEMS ONLY)

4. DEPUTATIONS FROM PUBLIC GALLERY (AGENDA ITEMS ONLY)

5. PRESENTATIONS

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Meeting held on 8 October 2013

7. DECLARATIONS OF INTEREST OF MATTERS ON THE AGENDA

(Declarations also to be made prior to discussions on eachs item) Page No.

8. REPORTS OF COMMITTEE

Nil

9. NOTICES OF MOTION

Nil

10. QUESTIONS ON NOTICE

10.1 Destination Management Plan ................................................................................ 3

10.2 River Cottage Australia (FQN 13/11) ..................................................................... 12

ii

11. MAYORAL REPORTS

Nil

12. GENERAL MANAGER'S REPORTS

12.1 Disclosure of Interest Returns ............................................................................... 15

13. PLANNING AND SUSTAINABILITY REPORTS

13.1 Amendment 1 to the Delivery Program 2013-2017 and Operational Plan 2013-2014 ....................................................................................................................... 17

14. INFRASTRUCTURE REPORTS

Nil

15. FINANCE AND BUSINESS DEVELOPMENT REPORTS

15.1 Draft Financial Statements for the year ended 30 June 2013- Referral to Audit . 21

15.2 Budget Review for the period ended 30 September 2013 ................................... 24

15.3 Investments made as at 30 September 2013........................................................ 39

15.4 Tender for Audit Services ...................................................................................... 43

16. COMMUNITY, ARTS AND RECREATION REPORTS

Nil

17. DELEGATE REPORT

17.1 Local Government NSW Annual Conference 2013 ............................................... 45

18. QUESTIONS/URGENT BUSINESS

19. DEALING WITH MATTERS IN CLOSED SESSION ......................................................... 47

20. CONFIDENTIAL REPORTS

20.1 Mountain Bike Event

Item 20.1 is confidential in accordance with s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

DR CATHERINE DALE GENERAL MANAGER

QUESTION ON NOTICE REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 3

10.1 DESTINATION MANAGEMENT PLAN

E11.5466

Responsible Officer: Anthony O’Reilly - Chief Financial Officer Business Development

Attachments: Nil

The following question on notice was received from Councillor Schwarz:

Question

Concerning the recommendations of the Wray Report, to date, what recommendations have or have not (if so, why not) been implemented and what are the outcomes to date, line by line?

Response

Each of the “11 Key Directions” of the “Eurobodalla Destination Management Plan 2011 to 2020” (DMP) (also referred to as the “Wray Report”) has been addressed in order.

Destination Management - Key Direction 1

Wray stated:

“Establish a Destination Management Framework to lead and foster a strategic and cooperative approach to tourism and business management and development for Eurobodalla that involves Council, the business sector, and other important regional and state government stakeholders.”

Response

What we have done:

Staff briefed councillors in November 2012 on a strategic approach to business development.

Business Forums were held in Batemans Bay, Moruya and Narooma in July 2013.

Proposals have been developed to engage with the business community and these are being considered by Council’s leadership team.

Staff resources were reallocated to give priority to achieving DMP objectives and included the allocation of an Events Development Coordinator.

Developed a co-operative approach with regional and state government stakeholders like Destination NSW, Regional Development Australia, South Coast Regional Tourism and SEATS.

Communicated regularly to the tourism industry via Member Newsletters and to the broader business community via a database which currently has 800 businesses.

What we plan to do in 2013-14:

Reconstitute advisory committees for the broader business community.

Future Goals:

Develop a co-operative strategy to support and encourage broader business and increased tourism business cooperation and investment.

Full integrated DMP into Council policy.


10.1 DESTINATION MANAGEMENT PLAN E11.5466

Awareness - Key Direction 2

Wray stated:

“Provide ongoing local education and communication to ensure the community, local government and businesses understand the significance of tourism for Eurobodalla, the importance of Council taking a stewardship role, and for visitors to understand community and environmental values.”

Response

What we have done:

Data supplied by Destination NSW which shows Tourism is worth $324 million to the local economy has been widely disseminated to operators and in media quotes.

Implementing initiatives to market the significance of tourism to Eurobodalla.

Distributed surf safety messages through the Tourism Member newsletter.

A series of 6 Customer Service Bootcamps reinforcing Tourism is everyone’s business were held in Q4 2012 in time for the peak tourist season.


Use advisory committees to raise awareness in the broader community and the significance of tourism to Eurobodalla.

Educate ESC staff about the importance and role of tourism and events in the local economy.

Future Goals:

Develop a comprehensive Visitor and Community Awareness Program to educate and inform visitors regarding the importance of the tourism industry.

Research - Key Direction 3

Wray stated:

“Develop a destination-based research program to better inform planning and decision-making for Eurobodalla and its destination stakeholders.”

Response

What we have done:

Visitor Information Centre (VIC) data is now collated and analysed in a way which identifies long term trends, including hour by hour data of visitation to the VIC’s as well as 5 year trends of visitation, overall contact data (including phone and email), web visits and booking data.

The web survey site, surveymonkey.com.au, has been used to conduct operator surveys to gauge views on the annual Holiday Planner, VICs generally and the web booking system the website uses.

Provided stakeholders an analysis of business and up-to-date demographic data on the Shire at the Business Forums in July 2013.


Report data collected to the Advisory Committee on a regular basis.

Develop a program to analyse visitation data to major events, attraction and businesses.



Future Goals:

Consider visitor perception research and analysis that can be used to assist with planning and decision making and shared with local businesses.

Review and update the Tourism Product Audit (which was conducted as part of the DMP / Wray review).

Sustainable Tourism Development - Key Direction 4

Wray stated:

“Ensure sustainable tourism development to protect and enhance Eurobodalla’s natural, heritage, built and socio-cultural environments.”

Response

What we have done:

Worked with Australia’s Oyster Coast and the houseboat industry to assist in achieving mutually beneficial outcomes with regard to sewage pump out from boats.

Support for tourism businesses seeking Award recognition for their environmental work.


Consider development of Sustainable Tourism Development Design Guidelines for potential developers and property owners.

Future Goals:

Work with National Parks and State Forests and industry to open up the Parks and Forests to commercial tourism operators.

Assessment and distribution of NSW best practice guidelines for Holiday Letting.

Tourism Product and Experience Development - Key Direction 5

Wray stated:

“Encourage and support the establishment of appropriate and innovative tourism and hospitality investment opportunities to enhance business development and the visitor experience within Eurobodalla including opportunities related to: nature-based, adventure, indigenous, food and wine, heritage, and the arts.”

Response

What we have done:

Businesses have been supported proactively with assistance with grant applications, market advice and provision of linkages to State & Federal business support services. SkyDive Oz is an example of one business in the identified themes that was provided assistance with for their successful grant application.

New product opportunities are being explored in partnership with neighbouring regions. This includes the development of themed heritage driving routes with Sapphire Coast.

Council delivered significant support and encouragement to foster co-operation between local tourism and food businesses and the River Cottage in Australia project to attract and secure a major Paid-TV lifestyle program that will showcase the Eurobodalla.

Open Studio programs and the display and sale of artists work in local libraries are increasing the regions reputation as an Arts destination.



Regular assistance of businesses looking to set up in areas like tourism aviation, water-based soft adventure activities etc.

Developed a cycle tourism brochure and website content which provides details and interactive information on 13 routes around Eurobodalla.

Re-engagement with the Sydney-Melbourne Touring Route.

Working with National Parks and Local Aboriginal Tour Guides to resurrect Aboriginal Cultural and Eco Tours.


Integrate tourism investment and business opportunities in the Work & Invest sections of Council’s new website.

Work with the Wallaga Lake community to develop business opportunities for tours of Mt Gulaga.

Increased development of themed itineraries.

Develop promotion through the Sydney-Melbourne Touring Route.

Explore ways to better link with quality regional food and wine production and leverage the increased profile provided by River Cottage Australia.

Future Goals:

Work with National Parks and State Forests and industry to open up the region to more commercial operators and develop the Nature Based Tourism strategy.

Develop the China market and ensure the region is ‘China ready’.

Work with local groups and stakeholder agencies to develop a Eurobodalla Nature Based Tourism Strategy.

Infrastructure Development - Key Direction 6

Wray stated:

“Work co-operatively with relevant Council, State and Australian government departments and agencies to seek funding and support for suitable infrastructure projects to enhance the visitor experience, amenity of the community, and improve access to Eurobodalla and its destinations.”

Response

What we have done:

Submitted an RDA funding application for the Critical Infrastructure for the Airport Redevelopment project and gained approval of the grant from the previous government.

Provided input to submissions on upgrades to the Kings Highway.

Provided support to numerous private operators applying for Infrastructure grants

In partnership with the Infrastructure Directorate, submitted a Tourism Grant for improved Cycleways in Eurobodalla.

Developed and promoted Eurobodalla to residents and visitors as a destination that embraces cycling.




Seek funding opportunities for events that will leave an infrastructure legacy for Eurobodalla e.g. Mountain Bike events.

The Events and Grants Development Coordinator will work with relevant support agencies to progress funding submissions.

Work with colleagues in neighbouring local government areas to develop a project for funding motel improvements across the south coast.

Develop a shuttle bus concept between Batemans Bay, Mogo and Moruya on Saturdays in January.

Future Goals:

Work with transport providers and tourism operators to determine the feasibility of additional transport options and infrastructure requirements.

Identify priorities for tourism related infrastructure development.

Service and Quality Standards - Key Direction 7

Wray stated:

“Establish service and quality standards for tourism and business operations in Eurobodalla to ensure a welcoming attitude for visitors year round.”

Response

What we have done:

To prepare businesses for the peak holiday season, council conducted a series of customer service skills development workshops in six locations across the region in December 2012.

Businesses are encouraged to join the T-Qual Tourism accreditation scheme via Tourism Industry newsletters.

Approximately 600 businesses have attended workshops conducted by Council to develop quality standards covering topics like internet marketing, customer service, merchandising and retail selling skills.

Promoted and celebrated businesses that have achieved recognition through industry awards via press releases, industry newsletters and social media.

Incorporated education about the value of delivering excellent customer service in an engagement with community and industry (through the Business Forums held throughout the year and in one on one contact).


Liaise with TAFE and other bodies to consider uptake of customer service courses.

Future Goals:

Adopt and promote a recognized accreditation framework and standard for tourism & hospitality operations

Develop a comprehensive survey of visitor satisfaction



Strategic Marketing - Key Direction 8

Wray stated:

“Develop a strategic approach to the development and implementation of marketing campaigns to ensure consistent and on-going awareness of Eurobodalla and its destinations and experiences to attract key visitor markets and extend their length of stay.”

Response

What we have done:

The 2012-13 financial year marketing strategy was to promote the unspoilt nature of the region as a means of encouraging visitors to visit year round and mitigate issues of seasonality.

Leveraged a $135,000 investment up to a $1.2 million campaign based on the nature theme in collaboration with South Coast Regional Tourism (SCRTO and Destination NSW).

Tourism businesses were invited to collaborate free of charge by providing deals to be featured on the campaign website

Part of this marketing strategy is the Visiting Journalists program. With support from Destination NSW or independently, Council hosts journalists and has recently secured coverage in the Rex in-flight magazine and internationally via Fairfax digital websites. Journalists that have covered Eurobodalla include Melissa Rimac, Tim the Yowie Man and Kate Cox in papers like the Canberra Times and Sydney Morning Herald. See http://www.smh.com.au/travel/blogs/yowie-man/mystery-solved-20121214-2beep.html for one example.

Rationalised Council’s approach to marketing at Consumer shows by working with adjoining regions to share costs

Established tactical campaigns that promote our distinctive differences and address seasonality including:

o A program of marketing to promote Eurobodalla year round using Google Adwords and Facebook

o A seasonal Whale Watching Campaign

o Targeted advertising around the River Cottage Australia TV Show

Increased website unique visitors from 64,000 per year in 10/11 to 174,000 in 12/13.

Increased Facebook fanbase from 330 in early 2012 to 4,100.


A four year marketing plan is a key part of the Division’s Action Plan for 2013-14.

Future Goals:

Develop cooperative marketing opportunities (with a financial contribution) for local tourism businesses.

Increase our market share of the international market including the Chinese and the Sydney to Melbourne self-drive market.

http://www.smh.com.au/travel/blogs/yowie-man/mystery-solved-20121214-2beep.html

http://www.smh.com.au/travel/blogs/yowie-man/mystery-solved-20121214-2beep.html



Brand and Image - Key Direction 9

Wray stated:

“Determine a distinct brand for the Eurobodalla destination region that best represents its distinct natural attractions, tourism product and visitor experiences of its key destinations, that is well-supported by the tourism business sector and the community.”

Response

What we have done:

The ‘Land of Many Waters’ brand remains in use but is not widely favoured. Discussions with the community indicate that while ‘Land of Many Waters’ has low local business support, a replacement brand is also unlikely to receive the universal support of businesses. One option that is emerging is to feature major towns due to greater visitor recognition. Another is to return to the Nature Coast brand.

Council’s marketing has increased the prominence of the major towns in Eurobodalla.

Worked collaboratively with Destination NSW (DNSW) to better position Eurobodalla and its destinations related to their natural attractions through the $1.2 million tourism advertising campaign


Consult with businesses and allocate funds for a brand review in the 2014-15 budget.

Future Goals:

Develop a Brand Style Guide and manual for local operators.

Maximize the brand recognition for the Eurobodalla region (although not necessarily the Eurobodalla name) and its destinations.

Visitor Information Services - Key Direction 10

Wray stated:

“Review the operations and delivery of the visitor information services for the Eurobodalla destination region to ensure economic viability of Visitor Information Centres, exceptional service, and delivery of visitor information that aligns with changing visitor information search behavior and new visitor information technologies.”

Response

What we have done:

A review of Visitor Information has been undertaken and includes a cost benefit analysis of visitor information provision.

Some key draft recommendations include:

o a proposal for a new location for the Batemans Bay VIC which would reduce running costs significantly

o offering additional services from the VICs e.g. Bike Hire

o reducing staffing costs further by have less senior staff in day to day managerial control



o amend the membership program to reduce costs for business and administration for staff

Introduced hour by hour monitoring of VIC visitor numbers.

Delivered staff budget savings of $21,000 delivered by roster efficiencies and reduced opening hours. The overall VIC budget was also delivered significantly under budget.

Established trend data going back over 5 years for key performance indicators

Introduced an iPad information kiosk to Moruya Library.

Continued the education and family program about attractions and activities to improve yield and length of stay.

Used VICs to display information on Eurobodalla experiences e.g. dedicated Whale Watching banners, River Cottage food display.


The Visitor Information review will now be presented to Council as part of the service review process.

Deliver a mobile friendly version of the tourism website.

Continue to review the Eurobodalla tourism website to provide enticing experience-based information.

Future Goals:

Provide a visitor information service which maximizes the return on investment for the Eurobodalla community.

Develop and train a pool of volunteer Tourism Ambassadors.

Prepared a whole of destination integrated signage strategy.

Events - Key Direction 11

Wray stated:

“Develop a strategic approach to support the development of events to attract key visitor markets, overcome seasonality, align with the destination brand and image, and to support local event organisers.”

Response

What we have done:

Appointed a Events Coordinator in March 2013

Secured a Bicycle NSW event worth an estimated $500,000 to Eurobodalla

Completion of a Development Application for Hanging Rock so the event approval process will be much smoother for future applicants. A template will be developed for all key event venues to enable Council to complete Development Applications and obtain consent for temporary use of these sites for events. This means our sites will be ‘event ready.’

Building of relationship with Challenge Triathlon which means the 2014 Triathlon will be bigger than 2013 Trithebay event. It will also gain Eurobodalla international exposure. The events coordinator is working through the process with the organisers to ensure the event can finish in the Batemans Bay CBD

Development of an Events database of all events in shire



Improvements to the Events Assistance Program to ensure better targeting of resources and better post evaluation

Enhanced Council’s Events policy to become more positive & supportive of events

Held in depth discussions with Cycling Australia and other bodies about securing major events for Eurobodalla

Identified a suitable event location for Cycling Australia’s Mountain Bike event


Review and improve the event approval process.

Events strategy: develop a strategy including Council’s roles & responsibilities

Events promotion: conduct an event audit & develop promotional opportunities

Event development/assistance: review the Events Assistance Program further, identify grant and resource sharing opportunities, develop event assistance kits and provide assistance to nurture small events to grow

Event acquisition: develop relationships with event organisers to secure new events

Event evaluation: develop events surveys for local event organisers to use and develop a standard method of measuring economic impact

Grant funding: identify and promote grant funding opportunities

Future Goals:

Increased number of events on a regular basis throughout the year, particularly March to November.

Major ‘signature’ events.

Investigate a volunteer program.

Investigate resource sharing for festivals and events.

RECOMMENDATION

THAT the response to the question regarding the Destination Management Plan raised by Councillor Schwarz be received and noted.


10.2 RIVER COTTAGE AUSTRALIA (FQN 13/11)

E13.7041; E88.0056

Responsible Officer: Catherine Dale - General Manager

Attachments: Nil

The following question on notice was received from Councillor Schwarz:

Question

Does the economic development team have any items which could piggy back off the marketing success of River Cottage Australia?

Response

Series One of River Cottage Australia has recently gone to air and was consistently the highest ranking non-Sport show on Pay TV. As a result, Foxtel have commissioned an additional two series of the show with filming expected to resume later in 2013. In meetings with the Tilba Chamber of Commerce and businesses, there has been a strong acknowledgement that the Show has had a beneficial impact on the town to date. There has been an overall increase in visitor numbers and many people coming to the village are asking where the show is filmed.

The success of the show and its venue being secured for Eurobodalla is being leveraged through the following activities:

Development of a food ‘cluster’ for Eurobodalla.

This has been discussed at the Tilba Chamber of Commerce and next step is a meeting between a major producer and a community food group to develop a strategic direction for this initiative. The broad aim is to develop the reputation of the region as a food producer and destination. Council will be kept informed of progress.

Increase of Internet and Social Media Presence

Facebook posts to the Tourism Facebook site.

Facebook engagement on the River Cottage Australia site.

Paid Google advertising which so far has delivered an additional 2,000 visits to the Tilba pages of Eurobodalla.com.au

A greater focus on food as a search / Facebook theme in 2013-14 digital marketing.

Development of food content for the visitnsw.com site.

Higher Utilisation of Visitor Information Centres and promotion

The Visitor Information Centre in Narooma has a small produce stand which promotes the connection to River Cottage. It has also purchased DVDs of the series to sell as a souvenir.

Continued promotion of the Tilba region in general through PR, consumer shows etc.

Assistance and development of Food Industry

Masters students from Entrepreneurship & Innovation section of the University of Sydney Business School will undertake a study of the economic impact of River Cottage on the Eurobodalla Shire. ESC will be presented with the final report which will include additional ideas on how we can capitalise on the Show’s success.


10.2 RIVER COTTAGE AUSTRALIA (FQN 13/11) E13.7041; E88.0056

The Show has been used as a reason Eurobodalla should be selected as one of six local government areas chosen to host a workshop aimed at increasing the capacity of local government to support local food systems.

The Narooma in Focus initiative where Business Development staff are promoting food as a good future initiative for the town and using the Eurobodalla Food and Art Guide as an example of how businesses can promote themselves.

Other opportunities to develop business activity will be pursued in collaboration with the chambers of commerce through monitoring the successes of the above activities and the upcoming television series.

RECOMMENDATION

THAT the response to the question regarding River Cottage Australia raised by Councillor Schwarz be received and noted.

REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 15

12.1 DISCLOSURE OF INTEREST RETURNS E13.7060, E13.7036


Attachments: Nil

Strategic Objective: 7: We are an engaged & connected community

Delivery Plan Link: Finance & Governance

Operational Plan Link: Implement and monitor governance registers

EXECUTIVE SUMMARY

In accordance with the provisions of the Local Government Act 1993, the Local Government (General) Regulation 2005 and Directions from the Division of Local Government, the General Manager is required to formally table all disclosure of interest returns after 30 September in each year. Accordingly, disclosure of interest returns for Councillors, senior staff and designated staff for 2012/2013 are so tabled.

RECOMMENDATION

THAT the report on the Disclosure of Interest Returns be received and noted.

REPORTTO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 17

13.1 AMENDMENT 1 TO THE DELIVERY PROGRAM 2013-2017 AND OPERATIONAL PLAN 2013-2014

E13.7028

Responsible Officer: Lindsay Usher - Director Planning and Sustainability Services

Attachments: Nil

Strategic Objective: 8: We work together to achieve our goals

Delivery Plan Link: Integrated Planning

Operational Plan Link: Develop, monitor and review Council’s Delivery Program and Operational Plan.

EXECUTIVE SUMMARY

As a consequence of the changes to the Organisation Structure made in August 2013, minor amendments to the adopted Delivery Program 2013-2017 and Operational Plan 2013-2014 have been necessitated.

Under the Division of Local Government’s Integrated Planning and Reporting guidelines Essential Elements 3.11 and 3.12 these changes need to be considered and adopted by Council.

RECOMMENDATION

THAT

1. Council note the report on Amendment 1 to the Delivery Program 2013-2017 and Operational Plan 2013-201 in accordance with the requirements of the Division of Local Government’s Integrated Planning and Reporting Guidelines Essential Element 3.11.

2. A full report on the Delivery Program 2013-2017 and Operational Plan 2013-2014 be presented to the next full Council meeting for consideration.

BACKGROUND

At the Council meeting on Tuesday 13 August 2013, the General Manager submitted a report on a review of the Organisation that made recommendations for a range of initiatives, including a change to the structure of Council.

The changes proposed aimed to enhance service delivery, reduce duplication and strengthen the resilience of Council into the future. The changes created a flatter structure to bring more direct accountability and provide a more even work load for some areas, management efficiencies and a greater utilisation of skills that currently exist in the Council.

At this meeting Council endorsed the report as presented by the General Manager in Closed Session.

CONSIDERATIONS

Council’s Delivery Program 2013-2017 and Operational Plan 2013-2014 were adopted at the Ordinary Meeting of Council on 26 June 2013.



E13.7028

As stated in Section 404 of the Local Government Act 1993 the Delivery Program is required to detail the principle activities that Council commits to deliver during its term of office. The Operational Plan is prepared as a sub plan of the Delivery Program and must directly address the actions outlined in the Delivery Program by detailing the activities to be undertaken in that year, as part of the Delivery Program.

As a consequence of the changes to the Organisation Structure made in August 2013, minor amendments to the adopted Delivery Program 2013-2017 and Operational Plan 2013-2014 have been necessitated.

A summary of the main changes follows:

Page 8 Council organisation description updated.

Pages 10-11 Cost of each service to be updated to reflect changes made to service areas.

Page 18-19 DP 4 year budget Liveable updated.

Page 24 Rename service ‘Arts and Recreation’ and expand to include the following recreation functions: contract management, management committees, local sporting groups.

Page 24 Remove (part) Recreation Development budget and transfer to Business Development Events and Tourism.

Page 32 & 34 Water and Sewer: Add ‘review and develop infrastructure strategies’ as a function and relevant key projects and budget moved across from Integrated Planning.

Page 44 DP 4 year budget Productive updated.

Page 45 Rename service ‘Business development, Events and Tourism’.

Page 46 Rename service ‘Property’.

Pages 53, 54, 56 Rename service ‘Office of the GM’ to ‘Executive Services’ and amend service details accordingly.

Page 54 DP 4 year budget Integrated Planning updated.

Page 57 Remove Asset and Sustainability Planning plus relevant key projects and budgets transfer to Water/Sewer and Organisational Support services respectively.

Page 60 DP 4 year budget Organisation Support updated.

Page 62 Organisational Support projects and budgets updated.

Each service page list the Divisional Manager/CFO only as responsible.

Rename positions otherwise accordingly.

Revise budget allocations otherwise accordingly as per the September review.

The changes proposed are minor and inconsequential to the document as a whole, but are necessary to ensure the correct reporting lines and budget allocations are articulated.



E13.7028

Legal

Under the Division of Local Government’s Integrated Planning and Reporting guidelines Essential Element 3.11, where an amendment to the Delivery Program is proposed that impacts on projects, programs and services adopted, the amendment must be included in a business paper which outlines the reasons for the amendment, which is tabled and resolved to be noted at that meeting and considered by the council at its next meeting.

Under Essential Element 3.12 where significant amendments are proposed, the Program must be re-exhibited as per Essential Element 3.8.

Community Consultation

The amendments proposed to the Delivery Program 2013-2017 and Operational Plan 2013-2014 are not considered significant enough to require its re-exhibition.

CONCLUSION

It is proposed that Amendment 1 to the Delivery Program 2013-2017 and Operational Plan 2013-2014 be adopted.


15.1 DRAFT FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2013- REFERRAL TO AUDIT

E13.7016


Attachments: Nil



Operational Plan Link: Provide reliable and timely financial information

EXECUTIVE SUMMARY

The purpose of this report is to refer the accounts to Audit and for Council and Management to sign off on the Draft Financial Statements for the year ended 30 June 2013. The Draft Financial Statements were distributed to the Audit Committee members on 10th October 2013. This is in accordance with a resolution from the Audit Committee meeting on the 8th October. The Audit Committee is to meet again on the 22nd October preceding the Council meeting with the purpose of providing assurance to Council on signing the accounts.

RECOMMENDATION

THAT

1. The Draft Financial Statements for the year ended 30 June 2013, be referred to audit.

2. The Statement by Councillors and Management to be made pursuant to Section 413(2)(c) of the Local Government Act 1993 (as amended)(LGA) be signed by the Mayor, Deputy Mayor (or Councillor), General Manager and Responsible Accounting Officer at the Council Meeting 22 October 2013.

BACKGROUND

A detailed timeline has been used to deliver the accounts in accordance with statutory timeframes.

Activity Responsibility Date (2013)

Complete draft set of accounts Financial Accountant 16 September

Auditors on site Auditor 23 -26 September

Audit committee review draft accounts Audit Committee 11 - 22 October

Audit Committee to discuss draft CFO/ Audit Committee 22 October

Council resolves to refer draft Financial Reports to Audit

CFO /Council 22 October

Signing of Statements CFO/Council/GM 22 October

Auditor sign-off Auditor Late October



E13.7016

Lodge Financial Reports with the Department of Local Government (DLG)

Financial Accountant 31 October

Public notification (minimum 7 days LGA S418 (2))

Financial Accountant 13 November

Present Financial Reports to Council CFO /Auditor 26 November

Submissions close (within 7 days LGA S420 (2))

Records 3 December

Submissions – initial consideration Audit Committee TBD if required

Receive report on submissions CFO 10 December

The auditable statements are the General Purpose Financial Statements (GPFS) and the Special Purpose Financial Statements (SPFS). The referral provides the authority or delegation for Councillors and Management to sign off on the Financial Statements. Following any required amendments Council will be provided with signed audit reports. The Financial Statements are then required to be lodged with the Division of Local Government (DLG) by 7 November 2013.

Following lodgment with the DLG the statements will be presented to Council at its ordinary meeting to be held 26 November 2013. The Council’s external auditor assists Council with this. Preceding the meeting the statements will be publicly notified. Following the presentation 7 days are allowed for submissions on the accounts for consideration by Council. An executive summary is then prepared and the auditor’s presentation will be made available. Information will be available on the web site and included in the Annual Report.

CONSIDERATIONS

1. There is a positive net operating result after capital revenue of $0.8m. The previous year was $5.7m. The result before capital grants and contributions is a deficit of $(4.4)m (2011/12 surplus $1.4m). The main differences to last year include an increase in depreciation expense and reduced grant and user charges revenue. Favourable increases were rates and investment revenue.

2. There are operating deficits before capital items in both water ($(3.1)m, 2011/12 $(2.4m) and sewer ($(0.4)m, 2012/13 $(0.8)m) funds. Depreciation impacted the 2012/13 result due to the revaluation of infrastructure assets in the previous year.

3. Unrestricted current ratio has decreased to 2.15:1 and remains within the DLG target of 2:1. The decrease has been influenced by $8.9m of loans due for renewal in 2013/14.

4. An independent qualified valuer revalued operation land and buildings. There was a revaluation decrement of $8.1m for buildings and an increment for operational land of $3.1m. Water and Sewer assets are indexed each year and the total increment was $12.0m.

5. Asset purchases of $26.6 recorded in 2012/13 (2011/12 $33.6m).



E13.7016

6. Loss on disposals this year was $3.3m, mainly from the renewal of infrastructure assets for roads, water and sewer. The renewals occurred before the end of their expected useful life’s creating a significant write-off of book values. Transport infrastructure is to be revalued one year ahead of schedule in 2013-14 to increase the reliability of asset information.

7. Investment property was transferred to Operational Land. The land was reclassified to reflect the low probability of generating investment returns due to market and associated costs.

8. Real Estate Development costs incurred to ready land for sale in previous years of $0.14m was written off. The likelihood of sale was judged to be low and hence the costs were no longer seen as an asset that would generate a return through sale.

There are no known significant matters to be addressed at the time of writing the report (Thursday 10 October). An initial set of draft accounts was provided to the Auditors on 19 September which was one week prior to the onsite audit and circulated to Councillors. The updated draft set of accounts has been provided to the audit committee members and auditors on 10 October. The Auditor provides Council with a management letter in due course after the audit is completed.

Legal

Legal requirements include:

Adherence to the DLG accounting code (which is based on generally accepted accounting practice).

Annual Financial Statements must be referred to audit as soon as practicable after the end of the financial year.

Audited statements must be lodged with the DLG by 7 November 2013.

Seven days public notice of the “presentation” of audited financial statements is required.

Submissions may be made to Council on the statements up to 7 days after they are presented to the public.

Policy

The Council’s accounting policies are proposed to be as disclosed in the draft statements. These policies are not normally adopted via public “exhibition” and similarly are not published via the web site policy register.

CONCLUSION

The annual financial statements have been drafted and can now be referred to Audit for sign off and be signed off by Councilors and Management.

REPORTTO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY, 22 OCTOBER 2013 Page 24

15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 E05.9535


Attachments: 1. Attachment 1 (a) Consolidated Fund Flow Statement 2. Attachment 1 (b) Consolidated Income Statement 3. Attachment 1 (c) Capital Program Statement 4. Attachment 1 (d) Projected Fund Balance Statement 5. Attachment 1 (e) Budget Amendments Report 6. Attachment 2 Contractors Report 7. Attachment 3 Key Financial Indicators



Operational Plan Link: Prepare Quarterly Budget Reviews

EXECUTIVE SUMMARY

This Budget Review reports on Council’s performance against the current Operational Plan for the quarter ending 30 September 2013. Variations from its original budget are highlighted.

The original budgets for 2013-14 are an Income Statement deficit of ($0.8M) and positive cash/fund flows of $3.9M. The revised budgets for the quarter ending 30 September 2013 are an improvement in the Income Statement deficit to ($0.5M) and a reduction in cash/fund flows to $1.9M.

The cash/fund flow budgets are impacted by the carry forward of projects from the previous year that were not complete. A budget amount of $2.3M was transferred from 2012-13 to fund the incomplete works.

The Income Statement deficit improvement is due to new capital projects that are mainly grant funded. Other adjustments relate to staff restructure and insurance premium savings with cost pressures due to renegotiated service contracts and legal fees.

There are no material concerns at this quarterly review about meeting Council’s budget targets for 2013-14.

It is recommended that receive and note the budget review for the quarter ended 30 September 2103 and that the variations be adopted.

RECOMMENDATION

THAT:

1. The budget review report for the quarter ended 30 September 2013 be received and noted.

2. The favourable variations of $0.4m this review as per the Consolidated Fund Flow Statement be adopted.



BACKGROUND

The Council reviews its performance and financial results against the adopted Operational Plan quarterly, authorises adjustments to budget items and highlights variations from its original budget strategy.

It should be noted that the financial results referred to in this report are unaudited. The attachments to this report are as follows:

Financial reports (Attachment 1)

These reports provide information at a consolidated level on Council’s performance against its financial objectives contained in the Operational Plan.

Financial reports include:

a) Consolidated Fund Flow Statement – This report shows the impact of operational, financial and investing activities on working capital (unrestricted).

b) Consolidated Income Statement – Provides sources of income and expenditure, including depreciation, in the program areas and associated services.

c) Consolidated Capital Program Statement – Provides capital expenditure information for each program area and associated services.

d) Projected Funds Balance Statement – Provides information on the balances and movements in both unrestricted and restricted fund accounts.

e) Budget Amendment Report – Provides details of all proposed significant adjustments to budgets.

Consultancy, Legals and Contractors Report (Attachment 2)

Provides information on major contracts entered into, legal fees and consultancy costs for the quarter ended 30 September 2013.

Key Financial Indicators (Attachment 3)

Provides information about key financial indicators designed to assist in monitoring Councils financial sustainability.

CONSIDERATIONS

Consolidated Fund Flow Statement (Attachment 1(a)):

The revised budgeted movement of unrestricted funds has been reduced by $1.9M. The downward revision from an original budget of $3.9M to $2.0M is largely due to the carry forward from last financial year of $1.6M of operational projects and $5.7M of capital projects and asset purchases. The funding for this includes revoted revenues associated with the operational projects of $0.4M and also utilisation of $3.1M of restricted funds, capital revenues of $0.5M and a further $0.9M of revoted funds to pay for asset purchases. The full projected fund flow balances are represented by the Projected Funds Balances Statement (Attachment 1(d)).



Consolidated Income Statement (Attachment 1(b)):

The original budgeted deficit before capital items has increased this by $1.7M, with the revised budget deficit being $5.6M. Budget amendments that make up these improvements are detailed in the Budget Amendment Report (Attachment 1(e)).

Main points to note include:

Income is $1.3M favourable due to opening revotes of $0.4M and adjustments relating to this review of 2013-14 of $0.9M, including material favourable adjustments to grants revenue and user fees. Offsetting the above were unfavourable adjustments to Investment revenues.

Rates and Annual charges (representing approximately 55% of the total annual budgeted revenue) are levied at the start of the year and this explains why the YTD Actual Revenue in the Consolidated Income Statement is at 64% of the budget only after the first quarter.

Expenses are $3.0M as a result of opening revotes from 2012-13 of $1.6M and adjustments relating to this review of $1.4M. First quarter unfavourable adjustments mainly include expenditure relating to the acceptance of new grants, restructures, renegotiated contracts and legal fees. Offsetting material favourable adjustments include an adjustment to insurance premiums.

Whilst the opening revotes for expenditure are quite substantial at net $1.6M, it must be noted that much of this is funded from unexpended grants, contributions and other funds carried forward from 2012-13.

Consolidated Capital Program Statement (Attachment 1(c)):

Capital expenditure is $8M unfavourable. This is explained by the carry forward of $5.7M of works from last year and adjustments to current year expenditure budgets of $2.3M. The current year adjustments mainly relate to new grants for the Narooma Foreshore ($1.1M), Hanging Rock AFL field upgrades ($0.2M), Fire mitigation works ($0.1M), numerous RMS funded projects, including Misty Mountain ($0.4M), Lions Road ($0.3M), Tomakin Road ($0.2M) and other smaller projects.

Councillors discussed the scope of works for Narooma streetscape at a briefing held on 17 September, 2013. It was agreed to increase of the budget by an additional $0.8M to $4.4M. Funding for this increase is derived from the removal of Bowen Street urban road, $0.2M from the current works program, the successful negotiations for additional funding from RMS of $0.4M and a further contribution from Essential Energy of at least $0.1M. Council has written to Essential Energy seeking an increase in their contribution. The balance will be loan funded.

Legal

This review is based on the Quarterly Budget Review Statement Guidelines issued December 2010 pursuant to the provisions of the Local Government Act 1993 relating to integrated planning.

Policy

The accounting policies being used are based on the financial statements for the year ended 30 June 2013. The 2012-13 financial statements are currently being audited.



“Variations” in the Fund Flow Statement are changes in funding requirements where “funds” are net current assets (working capital) excluding both internal and externally restricted funds.

Financial Environment

Given the substantial degree of policy stimulus in place, the Reserve Bank Board, at its September Meeting, judged that it was appropriate to retain the current setting of interest rates. At this stage there are no clear signals as to which way rates will move in the near future. The Reserve Bank Board will continue to examine economic data over the months ahead.

Staff

A restructure across all directorates was approved during the quarter. The budget impacts for the current year result in budgeted savings of less than $0.1M mainly resulting from the abolishment of the position of Director Community and Corporate Outcomes and reallocation of the four divisions that operated within that directorate.

Financial

The 2013/14 borrowing program will be completed in the final quarter with the borrowing amount to be based on the revised projected capital spend as at that time.

CONCLUSION

Council has no material concerns at this quarterly review about meeting its budget targets for 2013-14.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 1 (A) CONSOLIDATED FUND FLOW STATEMENT

Page 28

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 1 (B) CONSOLIDATED INCOME STATEMENT

Page 29

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 1 (C) CAPITAL PROGRAM STATEMENT

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ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 1 (D) PROJECTED FUND BALANCE STATEMENT

Page 31

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 1 (D) PROJECTED FUND BALANCE STATEMENT

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ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 1 (E) BUDGET AMENDMENTS REPORT

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ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 2 CONTRACTORS REPORT

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ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 22 OCTOBER 2013 15.2 BUDGET REVIEW FOR THE PERIOD ENDED 30 SEPTEMBER 2013 ATTACHMENT 3 KEY FINANCIAL INDICATORS

Page 38


15.3 INVESTMENTS MADE AS AT 30 SEPTEMBER 2013 E99.3517


Attachments: Nil



Operational Plan Link: Provide reliable and timely financial information

EXECUTIVE SUMMARY

The purposes of this report are:

To certify the Council's investments in financial instruments have been made in accordance with the legal and policy requirements.

Provide information on and details of investments.

Raise other matters relevant to investing as required.

RECOMMENDATION

THAT the certification that the investments as at 30 September 2013 have been made in accordance with the Act, the Regulations and Council's investment policies, in accordance with the provision of Clause 1 (Reg 212) of the Local Government (General) Regulation 2005, be received.

Legal

Actual legal (general) costs for the financial years 2008-2013 are $285.77k. Budgeted legal fees are $60k for 2013/2014 with a nil net expenditure incurred year to date due to a recoupment of expenditure from the courts.

Policy

Investments comply with Council policy with the exception of Government Guaranteed deposits that are 2.37% under the policy limit. This was the result of an increase in the portfolio at the end of September 2013. All endeavours will be made to rebalance to the policy as soon as practicable.



Financial

Council Investing Overall

Type CDO Bank

Deposits Government

Deposits Grand Total

Investments WDV ($'m)

0.07 59.39 10.00 69.46

WDV % 0.10 85.51 14.40 100

Council has 99.90% ($69.38m) invested in bank deposits or Northern Territory government guaranteed term deposits. Bank Deposits are in banks rated A or greater or covered by the AAA rated Government Guarantee (except $3.75m with IMB (Rated BBB), $883k with the Greater Building Society (Rated BBB) and $7.25m with the Bank of Queensland (Rated A-)). Investment in Government guaranteed deposits is $12.25m and represents 17.63% of the portfolio which is below the 20% required in the policy. The remainder is CDO investments which now only account for 0.10% of all investments. They are considered to be at “some limited” or “higher risk”. The weighted average return for all investments for the month is 3.84% which is above the Council policy benchmark of Bank Bill Swap rate (“BBSW”) + 0.25% (2.83%).

Collateralised Debt Obligation (“CDO”)

The carrying value of Councils CDOs reflects “realisable value” based on the advice of financial advisors. This estimate has not been altered for the 2012-2013 Financial Statements and therefore the realisable value for the remaining two CDOs at 30 June 2013 is $67,500. PPB Advisory the Liquidators for Lehman Brothers Australia Limited (In Liquidation) have advised that there will be a meeting of Scheme Creditors on 17 October 2013. It is expected that this meeting will detail the process necessary to distribute the assets of Lehman Brothers Australia.

- 10.00 20.00 30.00 40.00 50.00 60.00 70.00

CDO

BANK DEPOSIT

GOVERNMENT DEPOSITS

Investments WDV ($'m)



Summary Investment Information

The following tables summarises investment categories and balances at month end.

CATEGORY WDV ($)

At Call Deposit Government Guaranteed 250,000

At Call Deposit 3,005,430

CDO'S 67,500

Term Deposits 54,132,937

Term Deposits Government Guaranteed 12,000,000

$69,455,867

Weighted Average Interest %: 3.84%

Average 90 day BBSW + 25%: 2.83%

Note: “Amount” means Investments are recorded at their Written Down Value (WDV) Policy and Liquidity Risk The investment policy is divided into two risk categories of credit risk (risk of ultimately not being able to redeem funds) and liquidity risk (risk of loss due to the need to redeem funds earlier than the investment term). Our investments comply with the risk policy as shown in the following table.

Policy Risk Low Liquidity

Risk % Medium

Liquidity Risk % High Liquidity

Risk %

Total %

WDV

Remote Risk 17.63 0.00 0.00 17.63

Policy Limit 100.00 70.00 50.00

Near Risk Free 65.16 0.00 0.00 65.16

Policy Limit 80.00 50.00 30.00

Some Limited Risk 17.11 0.00 0.00 17.11

Policy Limit 30.00 20.00 10.00

At Risk 0.00 0.00 0.10 0.10

Policy Limit 0.00 0.00 20.00

Grand Total: 99.90 0.00 0.10 100.00



The unrestricted current ratio is the amount of unrestricted current assets compared to each dollar of current liability. The Department of Local Government suggests 2:1 and the ratio as at 30 June 2013 is 2.15:1. Council therefore has $2.15 of current assets for each $1 of current liabilities. The Financial Statements for 30 June 2013 are unaudited.

CONCLUSION

Certification Pursuant to provision of Clause 1 (Reg 212) of the Local Government (General) Regulation 2005, I hereby certify that these investments have been made in accordance with the Act and related Regulations.

REPORTTO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 43

15.4 TENDER FOR AUDIT SERVICES E13.7208


Attachments: Nil



Operational Plan Link: Coordinate Audit Committee

EXECUTIVE SUMMARY

Council has undertaken a tender process for its external audit services for the six years ending 30 June 2019 in accordance with the Local Government Act. The Audit Committee recommends to Council that Pitcher Partners be awarded the tender.

RECOMMENDATION

THAT Pitcher Partners be awarded the tender for Councils external audit services for the six years commencing 1 July 2013 noting the resolution made at the Audit Committee meeting of 8 October 2013.

BACKGROUND

The six year term of the Councils appointed auditor lapses this financial year. Section 422, sub-section 5 specifically requires that “An auditor may not be appointed or reappointed unless tenders for the appointment or reappointment have been called”. The Audit Committee was involved in the tender process, including the tender document and evaluation of applications such as interviews and checking of references. The tenders for audit services closed at 2pm, Wednesday 19th June 2013 and were opened in accordance with the requirements of the Local Government Act 1993 and Local Government (General) Regulation 2005. The Audit Committee met on 8 October 2013 and agreed on the successful tender being Pitcher Partners as it best met the tender specifications.

Legal

In accordance with the Local Government Act Section 422 Appointment of auditors and Section 423 Auditor’s term of office.

Financial

External Audit Services are budgeted for on a recurrent basis.

CONCLUSION

Council has appointed its External Auditor for the next six years in accordance with the Local Government Act.

DELEGATE REPORTTO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 45

17.1 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2013 E13.7021


Attachments: Nil

Strategic Objective: 7: We are an engaged & connected community

Delivery Plan Link: Office of the General Manager

Operational Plan Link: Support the Councillors in meeting their statutory obligations and roles as community representatives

EXECUTIVE SUMMARY

Councillor Thomson represented Eurobodalla Shire Council at the first annual conference of Local Government NSW held in Sydney in October 2013.

RECOMMENDATION

THAT the report by Councillor Fergus Thomson, delegate to the Local Government NSW Annual Conference, be received and noted.

BACKGROUND

I attended the Local Government NSW Conference, the first as one organisation representing local government from across the State, as a delegate of the Eurobodalla Shire.

This was my first visit to the Sydney Town Hall, the venue for the Conference. It is not easy to find a venue that can host 1,000 delegates and provide all the extra rooms and facilities that are required at a conference.

That the venue was able to be transformed in a very short space of time into a massive dining room for the Conference dinner was also very impressive.

Much of the first session was taken up with the formalities that we have become used to over the years. The Minister for Local Government, the Hon Don Page MP, spoke on many of the issues and reviews that are and have been taking place over the last year or so.

It is to be hoped that some of these, such as the Sansom report, are finalised soon as they continue to create uncertainty across the State.

The Hon Brad Hazzard MP, Minister for Planning, participated in a panel discussion on planning and planning reforms. This again has occupied a lot of councils’ time and energy across the State during recent months. It was here that some of those concerns have been recognised and changes made.

The speaker who captured everyone’s attention was Ms Gail Kelly, the Chief Executive Officer of Westpac Bank.

DELEGATE REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 46

17.1 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2013 E13.7021

The theme of her presentation was on leadership and how important that is at all levels of our communities and for us at council level, how we communicate and respond to our communities and their needs.

CONCLUSION

There was some feeling that the new conference did not meet the needs of councils and provide an opportunity for delegates to debate issues of concern to them and their councils.

I am sure there will be changes made that will accommodate the views of the members of the former Shires Association and the former Local Government Association, at the next conference. Change is always difficult for many to accept. What is certain is that local government will have a much stronger voice into the future with one organisation representing us all.

COUNCILLOR FERGUS THOMSON

ORDINARY COUNCIL MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 22 OCTOBER 2013 Page 47

19. DEALING WITH MATTERS IN CLOSED SESSION

In accordance with Section 10A(2) of the Local Government Act 1993, Council can exclude members of the public from the meeting and go into Closed Session to consider confidential matters, if those matters involve:

(a) personnel matters concerning particular individuals; or (b) the personal hardship of any resident or ratepayer; or (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business; or (d) commercial information of a confidential nature that would, if disclosed;

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law; or (f) matters affecting the security of the council, councillors, council staff or council

property; or (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or information concerning the nature and location of a place; or

(h) an item of Aboriginal significance on community land.

and Council considers that discussion of the material in open session would be contrary to the public interest.

In accordance with Section 10A(4) of the Local Government Act 1993 the Chairperson will invite members of the public to make verbal representations to the Council on whether the meeting should be closed to consider confidential matters.

RECOMMENDATION

THAT pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda for the Ordinary Council meeting be dealt with in Closed Session for the reasons specified below:

20.1 Mountain Bike Event

Item 20.1 is confidential in accordance with s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.


EUROBODALLA SHIRE COUNCIL

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; and Non-Pecuniary – regulated by Codes of Conduct and policy, ICAC, Ombudsman, Department of Local Government (advice only).

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

Eurobodalla Shire Council

Public Officer 4474-1000

[email protected]

www.esc.nsw.gov.au

ICAC 8281 5999 [email protected] www.icac.nsw.gov.au

Local Government Department

4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman

8286 1000

Toll Free 1800 451 524

[email protected]

www.ombo.nsw.gov.au

Reports to Committee are presented generally by ‘exception’ - that is, only those items that do not comply with legislation or policy, or are the subject of objection, are discussed in a report.

Reports address areas of business risk to assist decision making. Those areas include legal, policy, environment, asset, economic, strategic and financial.

Reports may also include key planning or assessment phrases such as:

Setback Council’s planning controls establish preferred standards of setback (eg 7.5m front; 1m side and rear);

Envelope taking into account the slope of a lot, defines the width and height of a building with preferred standard of 8.5m high;

Footprint the percentage of a lot taken up by a building on a site plan.

Acronym Meaning Description

ACR Australian Capital Region

The political and strategic grouping of the ACT government and 17 adjacent councils.

AEP Annual Exceedance Probability

For floods expressed as a % eg 1% = 1:100 year event. The NSW Flood Guidelines nominate types of development and controls.



AHD Australian Height Datum

Floor levels for buildings set to remain at or above flood level (expressed as 'freeboard').

APZ Asset Protection Zone Area to be cleared and maintained around habitable buildings in bushfire prone areas.

AS Australian Standard Standards set by national body as minimum construction, service, system, planning or design requirements.

BCA Building Code of Australia

Prescribes minimum standards or performance base for building construction.

CAMP Companion Animal Management Plan

Required by state law, plan nominating management of dogs and cats and areas for access for the exercise of dogs (eg beaches and reserves).

CC Construction Certificate

Floor plans approved by council or private certifier in compliance with development conditions and BCA.

COPW Condition of Public Works Report

Required by state law to define the condition of infrastructure assets, the cost to upgrade to defined standards, the current costs of maintenance and desired levels of maintenance.

CP Cultural Plan A cultural plan enables identification of cultural assets, identity and needs as well as providing a framework to develop cultural initiatives to increase opportunities for residents.

CSR Complaint and Service Request

Requests received from public by phone, letter, email or Councillor to attend to certain works (eg pothole) or complain of certain service or offence (eg dogs barking).

DA Development Application

Required by state law to assess suitability and impacts of a proposed development.

DAP Disability Action Plan Council plan outlining proposed works and services to upgrade facilities to progressively meet Disability Discrimination Act.

DCP Development Control Plan

Local planning policy defining the characteristics sought in residential, commercial land.

DECCW Department of Environment, Climate Change and Water (formerly EPA, NPWS, DEC)

State agencies (former Environment Protection and National Parks), DNR managing state lands and natural resources and regulating council activity or advising on development applications.

DWE Department of Water and Energy

State agency managing funding and approvals for town and country water and sewer services and State energy requirements.

DoP Department of Planning

State agency managing state lands and regulating council activity or advising on development applications or strategic planning.



DLG Department of Local Government

State agency responsible for regulating local government.

DoL Department of Lands State agency managing state lands and advising on development applications or crown land management.

DoC Department of Commerce

State agency (formerly Public Works) managing state public water, sewer and buildings infrastructure and advising/supervising on council infrastructure construction.

DoH Department of Health State agency responsible for oversight of health care (community and hospital) programs. Also responsible for public warning of reportable health risks.

DOTAR Department of Infrastructure, Transport and Regional Development and Local Government

Federal agency incorporating infrastructure, transport system, and assisting regions and local government.

EBP Eurobodalla Bike Plan Strategic Plan identifying priorities and localities for cycleways in the Shire.

EIS Environmental Impact Statement

Required for designated and state developments researching and recommending solutions to social, economic and environmental impacts.

EMP Estuary Management Plan

Community based plan, following scientific research of hydrology and hydraulics, recommending actions to preserve or enhance social, economic and environmental attributes of estuary

EMS Environmental Management System

Plans prepared by council (such as waste management and strategic planning) around AS14000.

EOI Expressions of Interest

Often called in advance of selecting tenders to ascertain capacity and cost of private sector performing tasks or projects on behalf of council.

EP&A Environment Planning & Assessment Act

State law defining types of development on private and public lands, the assessment criteria and consent authorities.

ESC Eurobodalla Shire Council

ESD Ecologically Sustainable Development

Global initiative recommending balance of social, economic and environmental values in accord with 7 ESD principles.



ESS Eurobodalla Settlement Strategy

Council strategy prepared with assistance of government to identify best uses and re-uses of urban lands, the appropriate siting of private and public investment (eg institutions, employment areas or high density residential) based on current and planned infrastructure and land capacity.

ET Equivalent Tenement Basis of calculation of demand or impact of a single dwelling on water and sewer system.

FAG Financial Assistance Grant

Federal general purpose grant direct to local government based on population and other 'disability' factors.

FSR Floor Space Ratio A measure of bulk and scale, it is a calculation of the extent a building floor area takes up of an allotment.

GIS Geographic Information System

Computer generated spatial mapping of land and attributes such as infrastructure, slope, zoning.

GSAHS Greater Southern Area Health Service

State board commissioned with oversight of health care in Highlands, Monaro and Far South Coast.

IPART Independent Pricing & Regulatory Tribunal

State body that reviews statutory or government business regulatory frameworks and pricing levels.

IPWEA Institute Public Works Engineers Australia

Professional association.

IWCMS Integrated Water Cycle Management Strategy (or Plan)

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation to water, sewer and stormwater systems.

IWMS Integrated Waste Management (Minimisation) Strategy

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation of waste (solids, effluent, contaminated, liquid trade waste).

LEP Local Environment Plan

The statutory planning instrument defining the zones and objectives of urban and rural areas.

LGAct Local Government Act State law defining the role of Mayor, Councillors, staff, financing, approvals etc.

LGA Local Government Authority

LGMA Local Government Managers Australia


LGSA Local Government & Shires Association

Representative advisory and advocacy group for councils in NSW.

MOU Memorandum of Understanding

Agreement in principle between parties (eg council and agency) to achieve defined outcomes.



NPWS National Parks & Wildlife Service

Now merged into DECCW.

NRM Natural Resource Management

NVC Native Vegetation Act 2003

State law defining means of protection of threatened legislation and approval processes to clear land.

OC Occupation Certificate Issued by council or private certifier that building is safe to occupy and in compliance with development conditions and BCA.

OSMS On site sewage management system

Includes septic tanks, aerated systems, biocycles etc.

PCA Principal Certifying Authority

The person or organisation appointed by applicant to inspect and certify structures.

PIA Planning Institute of Australia


POEO Protection of the Environment Operations Act

State law outlining standards for emissions and discharges and penalties for pollution.

PoM Plan of Management (usually for community land)

Council plan nominating type of uses for community land and range of facilities progressively to be provided on land.

PPP Public Private Partnerships

PTS Public Transport Strategy

Council strategy to initiate mechanisms to promote and facilitate public transport (bus, taxi, community transport, cycles) in design of subdivisions, developments and council works.

REF Review of Environmental Factors

Council examination of risk and social, economic and environmental benefit of proposed works, assessed against state planning, environment and safety laws.

REP Regional Environment Planning Policy

Outlines compulsory state planning objectives to be observed in development assessment and strategic planning.

RFS Rural Fire Service State agency responsible for providing equipment and training for volunteer firefighter brigades, and the assessment and approval of developments in bushfire prone lands.

RLF Regional Leaders Forum

The group of mayors and general managers representing the councils in the ACR.



RMS Roads & Maritime Service

State agency responsible for funding, construction and maintenance of state roads, the approval of council works on arterial roads and development applications.

S64 S64 Contributions Plan

Developer contributions plan to enable, with council and state funds, the augmentation of water, sewer and stormwater infrastructure.

S94

S94A

S94 Contributions Plan

S94A Contributions Plan Levy Plan

Developer contributions to enable construction of public infrastructure and facilities such as roads, reserves, carparks, amenities etc.

SCG Southern Councils Group

Political and strategic grouping of councils along the NSW south coast from Wollongong to the border, lobbying government for assistance (eg highways) and resourcing sharing initiatives.

SCRS South Coast Regional Strategy

Regional Strategy prepared by DoP for ESC, BVSC and part SCC to guide new LEPs.

SEA Strategic Environment Assessment

Spatial assessment of environmental constraints of land considered in design and assessment of subdivision and infrastructure.

Scientific research behind assessment of capacity of land and waterways in rural residential and urban expansion lands to sustain human settlement.

SEPP State Environmental Planning Policy

Outlines compulsory state planning objectives.

SoER State of the Environment Report

Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social, economic and environmental features of the Shire and appropriate responses to address or preserve those issues.

SP Social Plan Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social framework of the community, their services and facilities and economic interactions.

…….SP Structure Plan Plan promoting landuses and siting of infrastructure and facilities in towns (eg, BBSP – Batemans Bay Structure Plan).

SRCMA Southern Rivers Catchment Management Authority

State agency commissioned with assessment and monitoring of health and qualities of catchments from Wollongong to the border, and determine directions and priorities for public and private investment or assistance with grants.

STP Sewer Treatment Plant

Primary, secondary and part tertiary treatment of sewage collected from sewers before discharge into EPA approved water ways or irrigation onto land.



TAMS Total Asset Management System

Computer aided system recording condition and maintenance profiles of infrastructure and building assets.

TBL Triple Bottom Line Commercial term coined to encourage business to consider and disclose social and environmental risk, benefit and costs in the conduct of business to guide investors as to the long term sustainability and ethics of a business. Taken up by Council to record the basis of prioritisation, the review of condition, the monitor of progress and the financial disclosure of preventative or maintenance investment in council based social and environmental activities.

ToR Terms of Reference

TSC Threatened Species Conservation Act 1995

State law governing the protection of nominated species and relevant assessment and development controls.

WCF Water Cycle Fund Combination of water, sewer and stormwater activities and their financing arrangements.

WSUD Water Sensitive Urban Design

Principle behind the IWCMS and council development codes requiring new developments to reduce demand and waste on water resources through contemporary subdivision and building design.

AGENDA - Eurobodalla Shire€¦ · Local Government Act because it contains commercial information...

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Transcript of AGENDA - Eurobodalla Shire€¦ · Local Government Act because it contains commercial information...