Agenda of Council - 20 May 2020

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

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

· Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflictions of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

20 May 2020

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 29 April 2020 and the Extraordinary Meeting held on 6 May 2020 as circulated, be taken as read and confirmed.

3 Declarations

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

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

5 Petitions

6 Mayoral Minutes

6.1 Council Finances and the Way Forward....................................................................................... 8

7 Urgent Business

8 Staff Reports – Planning and Environment

8.1 Outcome of the exhibition of Draft Residential Land Strategy.............................................. 11

9 Staff Reports – Community, Culture and Leisure

Nil Reports

10 Staff Reports –Economic Development and Business Growth

10.1 Election Priorities for Eden Monaro By-Election.................................................................... 126

11 Staff Reports – Infrastructure Waste and Water

11.1 EOI 19/20 Use and occupation of the Green Shed Building at Tathra............................... 134

11.2 RFT 02/2020 and RFT 03/2020 Pambula Squash Courts - Building Construction and Court Fitout - Post Tender Negotiations....................................................................................................... 140

12 Staff Reports – Governance and Strategy

12.1 Exhibition of 2020-2021 Budget and Integrated Planning and Reporting documents.... 144

12.2 Classification of land at Merimbula.......................................................................................... 150

13 Staff Reports – Finance

Nil Reports

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public Error! Bookmark not defined.

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Council 20 May 2020

Item 6.1

6.1. Council Finances and the Way Forward

Cr Tapscott and Cr Fitzpatrick

Recommendation

That Council:

1. Establish a Finance Committee chaired by the Deputy Mayor with all Councillors and the General Manager, Directors and Finance Manager as members to meet monthly for the remainder of this Council term.

2. Receive a report from the Finance Committee with recommendations as part of the Quarterly Budget Review Statement.

Background

Since 2017 this Council has been aware of the strains on the finances of Council. In adopting the Integrated Planning and Reporting documents and resolving on the asset reviews in that year it was identified, and reported, that we needed to reduce our asset portfolio, review services, divest of land and buildings, and consider increases in revenue including SRVs.

We have also resolved to restructure the staffing of the organisation twice to reduce operating costs; we have suffered five natural disasters (including the current pandemic), we have received unprecedented levels of funding for capital projects, several which we have not even had on our asset management plans. All costs have been growing well more than the rate peg increase and some additional imposts have been placed on local government.

We are working to reduce our expenditure and not reduce services further, we have resolved to reduce assets however this is difficult and takes time (eg RFS, SLS and other buildings held on Councils asset registers but not under our care and control) and due diligence in this decision-making process requires allocation of staff time. Our depreciation continues to increase as we add and upgrade assets, especially when new assets are identified and added to our asset base. These capital assets impact the valuations and depreciation calculation.

Staff are preparing a detailed service level assessment framework which commenced as a key induction item for the new Council. Staff have also committed to applying a 1% efficiency target to reduce expenditure over the coming 12 months, offsetting the depreciation expenses that will likely be incurred as we deliver new projects.

We are not unique in local government. Many Councils face these challenges however, we need to look at how we work here and contribute to the sector’s move, using the current situation to maximise opportunities as they are presented. This will ensure a clear way forward.

There have been challenges and some poor practice in our financial reporting, we know the work that has been undertaken to get this back on track. Our finance staff are to be commended, but that is just the start. This has not been hidden from council or the community and the motion to introduce a committee as another step to regularly share out financial performance and develop options that can be discussed with our community.

Despite the difficulties we have faced over the past six months staff are continuing to work through a financial improvement program reviewing both operational and strategic items.

The Deputy Mayor and I believe that Councillors and staff need to focus on getting this right with the General Manager and senior staff as we face even more uncertainty and impacts from the COVID-19 impacts.

Capturing the financial impacts of the fires, floods and COVID-19 is critical. In the draft plans presented to this meeting, which Councillors have been briefed on, we acknowledge that since September last year the Special Rate Variation planned for swimming pools has been removed however the six pools remain as expense and asset items. Council has not had any above rate peg increase since 2015/16 however costs have increased significantly above the rate peg and even with the reductions it is still a challenge – we have been under financial stress walking a fine line ever since both we were elected in 2009 and 2012. There are difficult conversations we continue to need to have with the community.

To move forward it is crucial all Councillors work with the senior team and finance staff to be able to ensure a clear forward path is presented to the community, that steps are taken to review, reduce and refocus expenditure and opportunities for additional income are identified.

A key step will be advocating to the State and Federal Government to review and consider local government funding and the impact of depreciation on Council’s budgets that give due consideration for the resourcing plans, particularly the asset management strategy and plans, that have been endorsed by our community through the integrated planning and reporting process. We have spent considerable time as Councillors working through each asset class and the challenges of continuing to provide assets and account for them in our financial plans.

We recommend the establishment of this Finance working group to all Councillors.

Attachments

Nil

Council 20 May 2020

Item 8.1

8.1. Outcome of the exhibition of Draft Residential Land Strategy

This report seeks a resolution of Council to adopt the Bega Valley Residential Land, following public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the Bega Valley Shire Residential Land Strategy (Attachment 1), following final graphic design to align with the format of the Commercial Land Strategy.

2. That Council officers advise the stakeholders involved in the development of the Strategy and those that made submissions during public exhibition of the draft Strategy of Council’s decision.

Executive Summary

Council publicly exhibited the draft Residential Land Strategy (Attachment 2) for 13 weeks from 16 December 2019 to 15 March 2020, with 16 submissions received. After review of the submissions, several changes to the exhibited draft Strategy are recommended. As none of the proposed changes substantially change the directions outlined in the exhibited draft Strategy, it is recommended that Council resolve to adopt the Strategy (Attachment 1), which includes the amendments to the exhibited draft outlined in this report.

This report summarises the key issues raised in the feedback received during exhibition period. Most of the proposed changes are to clarify the information and recommendations contained in the draft Strategy and do not impact the data, methodology or findings of the document. However, in response to issues raised in submissions, several changes are suggested to improve the recommendations of the Strategy. A summary of all issues raised in submissions is included in Attachment 3.

Background

In August 2019 Council initiated a review of its residential land to address the future need for housing in Bega Valley Shire and provide a vision and framework for residential development in the Shire over the next 20 years. Urbanista Australia was engaged to prepare a Residential Land Strategy on behalf of Council.

Once adopted, the Strategy aims to contribute to achieving the community’s vision outlined in the Bega Valley Shire Community Strategic Plan 2040 and the South East and Tablelands Regional Plan 2036.

The key finding of the Strategy is that there is an adequate supply of zoned land for housing across the Shire for the next 20 years, but there is a need to increase the diversity of housing in all centres, including affordable housing and housing for seniors living.

The Strategy addresses the future need for housing and provides direction about how and where residential growth will occur to support the growing population, ageing community and changes in household structure through recommendations for amendments to Council’s planning instruments and policies.

Options

1. Adopt the Strategy (Attachment 1), as amended following public exhibition. This is the recommended option. The recommended amendments would enable several improvements to the exhibited draft Strategy (Attachment 2).

2. Adopt the Strategy as exhibited (Attachment 2).

3. Make further changes to either the Strategy recommended for adoption (Appendix 1) or the exhibited draft Strategy (Attachment 2), as identified by Council after consideration of this report and the submissions provided in Attachment 3.

Community Engagement

Consultation undertaken

Community engagement for the draft Strategy was carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project was assessed to be Level 2 - Consult on the IAP2 spectrum.

Stakeholders involved in the development of the draft Strategy included landowners, housing advocacy groups, real estate agents, development industry representatives, interested community members and Councillors. A meeting with affordable housing advocates was held and interviews conducted with landowners, developers and real estate agents throughout the Shire. Staff from across Council, including strategic planning, water and sewer services, and strategic assets were also consulted.

Formal public exhibition of the draft Strategy took place over a 13-week period from 16 December 2019 to 15 March 2020. All individuals and groups that participated in the development of the draft Strategy, as well as the local development professionals group were notified directly and notices were placed in the local newspaper, Council News and on Council’s social media channel. Hard copies of the draft Strategy were placed in all Council libraries as well as several post offices in villages during the exhibition period.

Submissions to the draft strategy were received via email, letter and comments on the ‘Have your Say’ section of Council’s website.

Consultation Planned

Several of the recommendations of the Strategy will require amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) or the Bega Valley Development Control Plan 2013 (BVDCP 2013) to implement. These processes each have minimum statutory public consultation requirements ,as well as applicable requirements under Council’s Community Engagement Strategy.

Council consideration of input

The purpose of this report is to summarise the submissions received during the exhibition period and recommend that Council adopt a final Strategy that considers community input on the exhibited draft Strategy.

Summary of submissions

Sixteen submissions were received during the exhibition period. A summary of the issues raised in the submissions and discussion from Council staff is detailed in Attachment 3. The following is a summary of the key issues raised and discussion from Council staff where amendments to the draft Strategy are. The changes that are recommended to the draft Strategy by staff are shown as tracked changes in Attachment 1.

1) Alignment and clarification of content and maps

Issue summary: The maps are difficult to understand and contain errors. The link between the maps and the Estimated Dwelling Capacity table is not apparent. The draft Strategy does not account for a higher population growth scenario and changes due to bushfires. Need to consider implications of the Strategy on Local Aboriginal Land Council (LALC) land.

Staff comment: It is acknowledged that the Strategy could be improved by simplifying the maps, terminology and tables, clarifying growth scenario information and rewriting the Capacity Analysis section. The information on zoning and physical constraints that was used to inform the supply calculations and recommendations of the report was accurate, however, representation errors were inadvertently introduced to the maps during the graphic design stage. Bushfires have impacted short term housing supply but have not impacted the amount of residential land available for residential development. It is also acknowledged that the Strategy could be improved by closer alignment with previous directions relating to LALC land, the draft Climate Resilience; Strategy and the presentation style of the Commercial Land Strategy.

Recommendation:

1) Several changes to the draft Strategy are proposed to present information more clearly. In response recommended changes to the draft Strategy are aligning section headings and style of document with the Commercial Land Strategy , adding an executive summary and a section on resilience outcomes, updating the engagement section, including a statement of consideration of Aboriginal land holdings based on the statement developed for the Rural Residential Strategy, more clearly presenting information on population growth and housing capacity, and simplifying the maps to identify investigation areas only. None of these changes impact the data, methodology or findings of the Strategy (see Attachment 1 for details).

2) It is recommended that a new general recommendation is added supporting rezoning of Aboriginal Land Council holdings for residential purposes, where appropriate.

2) Encouraging flexibility and diversity

Issue summary: Planning controls and incentives should be used more actively to increase density. More flexibility is required in the planning framework and development controls to address housing affordability issues and create opportunities for greater density and flexibility.

Staff comment: The draft Strategy recommends expanding the diversity of housing and provides recommendations to review the planning controls for R3 Medium Density Residential and RU5 Village zoned land to encourage infill development; identify planning controls and incentives such as density or height bonuses that deliver different dwelling types, greater bedroom mix and diversity of tenure; promote the need for housing diversity to local developers and builders; and to develop urban renewal plans which will increase housing diversity and density in suitable areas.

Recommendation: It is recommended that the draft Strategy is amended to further promote housing diversity across the Shire:

1) Extend the recommendations to limit the range of permissible uses in the R3 Zone for Bega, Merimbula and Eden to cover all R3 Medium Density Residential zoned land in the Shire.

2) Add a recommendation to advocate to NSW Department of Planning, Industry and Environment for a new definition for tiny homes and tiny home communities.

3) Amended the recommendation regarding short-term rental accommodation to remove the need for a further strategy but retain support for limiting short-term residential accommodation in order to increase the housing stock available for long-term rent.

3) Encouraging residential investment

Issue summary: Council could encourage investment by providing more flexibility in how contributions are paid by developers such as bonding and developer assistance, furthering servicing strategies and developing a strategy to coordinate Sapphire Cove and Bermagui Heights residential holdings.

Staff comment: Bonding of developer contributions is not considered to be a practical option for deferring of payment of developer contributions because if contributions are not paid at the time of subdivision the purchaser will be liable to pay contributions for each lot individually creating unnecessary complexity, uncertainty and costs to purchasers. It is noted that the NSW Government has commenced a review of developer levies and contributions and Council will revisit its contributions policy to consider any changes or opportunities that flow from this review. However, as an interim measure, Council may investigate alternative options for payment of contributions, including an option for contributions to be paid by the developer at the time of settlement.

Some consideration of services is undertaken by Council when zoning land, however, it is up to developers to design the site to maximise yield and return. Servicing strategies for major developments are required to demonstrate how services to each lot can be achieved prior to commencing development. Council’s BVDCP 2013 refers to the need to improve connectivity between Sapphire Cove and Bermagui Heights but does not specify arrangements for achieving this. Detailed road, sewer, water, stormwater and access planning by Council may not suit developers’ intentions and plans would require updating in response to changes in demand, legislation and policy. Servicing studies are currently required for water and sewer from developers only when Council cannot be certain about a developments capacity to be serviced and details are required to demonstrate that the development will not exceed the capacity of a system to handle the additional loads imposed.

Recommendation: No change to draft Strategy; however, an action to review Council’s developer contributions plan will be included in the Local Strategic Planning Statement.

4) Future investigation areas

Issue summary: Future investigation areas require ground truthing, better consideration of hazards, consideration of the contribution of existing use to residential diversity and consultation with owners if rezoning.

Staff comment: The purpose of the investigation areas is to trigger further investigation when required, and this will include a full investigation of the physical, environmental and servicing constraints of each site. The owners of properties affected by proposed changes to zoning that may result from this process will be notified and provided with an opportunity to comment during the planning proposal process.

Council staff have identified minor changes to investigation areas to ensure consistency with the recommendations in the draft Strategy.

Recommendation:

1) Several minor changes to the draft Strategy are proposed to clarify the recommendations for each place that accompany the investigation areas and make the recommendations more consistent.

2) It is recommended that the following changes are made to the mapped investigation areas and that the maps clearly state what each site is being investigated for (e.g. rezoning, seniors living or social housing):

Bega

- Remove Investigation Area over Bega High School

- Remove Investigation Area on Boundary road – mapped in error as no recommendation was made for this land

- Extend Investigation Area around Finucane’s Lane to whole of RU2 area east of Bega River

Tura Beach / Mirador

- Remove Investigation Area on Pacific Way, as it is currently being developed

- Remove Investigation Area on Sapphire Cost/Tura Beach Drive as it is partially subject to a Council current planning proposal to rezone as R5 Large Lot Residential to enable the development of a hardware premise and partially already developed for seniors housing.

Financial and resource considerations

The project is included in the adopted 2019-2020 Operational Plan and is being funded through a budget allocation from the General Fund.

Funding source		Amount
General Fund	$	40,000

Legal /Policy

The Strategy was prepared to provide a policy framework for the planning and development of the Shire’s residential land over the next 20 years and has informed the draft Bega Valley Shire Local Strategic Planning Statement 2040.

Exhibiting the draft Strategy was consistent with Council’s obligations under the Local Government Act 1993 and Environmental Planning and Assessment Act 1979 to seek community input into strategic planning matters.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Strategy addresses the following goals in the Bega Valley Community Strategic Plan 2040:

• Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

• Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that meet local needs.

The Strategy also addresses Goal 4 of the South East and Tablelands Regional Plan 2036 to create environmentally sustainable housing choices and the following directions:

• Direction 24: Deliver greater housing supply and choice

• Direction 25: Focus housing growth in locations that maximise infrastructure and services

• Direction 27: Deliver more opportunities for affordable housing

Environmental / Sustainability

The adopted Strategy will help Council address the risks associated with climate change that relate to residential development and land use practices and minimises impacts of future residential development on the environment though measures such as limiting growth outside existing zoned areas and increasing density in existing urban areas.

Economic

The adopted Strategy will help ensure there is enough land for housing within the Shire’s urban areas so that residential development supports continued growth and viability of existing commercial precincts. The provision of diverse and affordable housing options is also important in supporting the local workforce.

Risk

Implementation of this Strategy will address the risk of existing housing stock not meeting the needs of our population and will enable future residential development while maintaining the existing character of towns and villages and rural landscapes.

Social / Cultural

Implementation of the Strategy will increase the diversity of housing that will help to better meet our community’s housing needs. Improving housing diversity, particularly smaller dwellings and dwellings suited to older people and people with disabilities, will impact on the affordability of housing and improve opportunities for people to live closer to the goods and services they need.

Attachments

1 ⇩. Residential Land Strategy for adoption (tracked changes version)

2 ⇩. Exhibited Draft Residential Land Strategy

3 ⇩. Summary of Submissions to Draft Residential Land Strategy

Council	20 May 2020
*Item 8.1 - Attachment 2*	Exhibited Draft Residential Land Strategy

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Council 20 May 2020

Item 10.1

10.1. Election Priorities for Eden Monaro By-Election

Since its release in January 2018 the Infrastructure Prospectus has enabled Council to attract a considerable level of funding for projects, in 2019 Council also prepared an advocacy position for the State and Federal elections. Currently staff are also working on a Bushfire Recovery Prospectus/Investment document. This report outlines the potential projects for the Council’s Eden Monaro By-election advocacy work

General Manager

Officers Recommendation

1. That Council adopt the Eden Monaro By-election election infrastructure, program and advocacy items outlined in this report to present as Council priorities to Federal candidates in the upcoming Eden Monaro Federal by-election.

2. That Council note the update on work being done to finalise a Bushfire Recovery Prospectus/Investment document which will be presented to Council by June 2020.

Executive Summary

Since its release in December 2017, the Infrastructure Prospectus has enabled Council to attract a considerable level of funding for projects listed across all priority areas of the document. Over 68% of projects listed in the Prospectus have been funded and are either delivered or on the way to being delivered. Work began in March to prepare a new document to take this work the next step and it is now timely to also finalise the key advocacy and infrastructure requests to assist ensure that the key priorities of the area are adopted by Council for presentation to all candidates in the upcoming the Eden Monaro By-election.

Background

On 30 August 2017 Council resolved to develop an Infrastructure Prospectus. The Infrastructure Prospectus version one, was published and released in January 2018.

Since this time the Prospectus has been very well received including winning a RH Dougherty Award for Reporting to Your Community and eliciting the judges’ comment: "The Bega Infrastructure Prospectus is an innovative approach to attracting and portraying opportunities in the area. It provides a broad range of options for consideration.”

The major success of the Infrastructure Prospectus has been the role it has played in attracting a considerable level of funding for projects listed across all priority areas of the document. There are approximately 72 projects listed in the Prospectus, since the release of the Prospectus approximately 35 projects have secured funding from State or Federal Governments or have been funded by Council.

The Prospectus has shown how lucrative it can be for Council to have ‘top shelf’ projects, identified and planned before funding opportunities present themselves. The projects that have received the best success have been those that were ‘shovel ready’ - projects ready to go. As this is a proven model, it would be best placed to implement an ongoing strategy to maintain a ‘top shelf’ project list for all Directorates of Council and pre-plan as many of these projects to put us in the best place to attract funding in the future.

Key Infrastructure and Program Items to Support Community and Economic Recovery

*Airport*	$4.5m Merimbula Airport Runway Upgrade
*Water, Sewer & Energy*	$4m Merimbula Airport Commercial Precinct to match the State funding
	$22m Merimbula Sewerage Treatment Plant and Ocean Outfall upgrade
	$27m Water treatment Eden & Merimbula
	$28m Brogo Dam height raising to improve water security and farm sustainability
	Gas pipeline to the Shire to support manufacturing industry retention and growth

*Roads & Transport*	Princes Highway duplicated from Nowra to Victorian boarder and recognised as a Road of Significant Importance
	East-West connectivity via the Snowy Mountains Highway with an upgraded Brown Mountain link supporting B-Double access
	$13m Timber bridge replacement funding
	Southern Lights project roll out
	Shovel ready Land Transport Infrastructure stabilisation and seal projects · Wanatta Lane $511k · Tantawangalo $1.8m · Nethercote Rd $2.25m · Kameruka Lane $2.6m · Dr George Mountain Rd $5m · Boundary Rd $830k · Warrigal Range Rd $2.32m · Yowrie Rd $1.8m · Towridgee Lane $1.7m

*Town Centres & Precincts*	$13m Town centre revitalisation projects in Eden, Merimbula, Bermagui and Bega.
	Snug Cove Precinct Eden delivered as a vibrant maritime centre

*Culture, Sport & Recreation*	$6.4m Bega Regional Gallery upgrade
	$8m Tathra Wharf rehabilitation works
	$9.15m Bega Pool renewal
	$2.9m Merimbula Boardwalk renewal

*Education & Innovation*	$12m Regional education, innovation, community hub and library precinct at the former Bega Hospital Site
	$3.5m Eden Library Upgrade

*Bushfire Recovery & Resilience*	Support for regional RFS site in the Bega Valley
	Full funding of Council gaps in replacement infrastructure works and make safe works
	Improved telecommunication infrastructure to support emergency responses
	Improved transport accessibility to support emergency responses
	Full bushfire affected asset replacement funding
	Funding for the upgrade of nominated evacuation centres and safer places across local government to support upgrades to include alternative power sources, communications and accessibility at evacuation centres

*COVID-19 Recovery and Resilience*	Financial support to local government nationally like the NBRA funding to support all Councils to undertake community and economic recovery projects
	Project funding to the Canberra Region Joint Organisation to develop and provide a new local government model aimed at refocussing service outputs and reducing duplicated costs
	Funding to support regional airports to keep them operating with the loss of funding due to significantly reduced landing fees

*Employment Lands*	$10m Materials Recovery Facility (MRF)
	Naval Wharf precinct developed to support freight opportunities
	Development of pre-identified industrial land project south of Bega

*Tourism*	Bundian Way infrastructure delivery
	Trails, track and accessibility projects throughout the Shire
	$7.2m Eden Trails Mountain Bike Project
	Tourism product development programs supporting industry recovery

As well as external funding from government sources staff are developing options that can be presented to philanthropic bodies and will prepare businesses cases for Council sources of funding.

Key Advocacy Items

In February 2019 Council resolved on the key advocacy items for the State and Federal elections. These focussed on both State and Federal advocacy items. The outline below focusses on the key items which remain current and includes the key items which have become critically apparent over the past 12 months.

Significant amongst these are:

· the need to have a full review of the Disaster Recovery Funding Arrangements,

· a commitment to implementing key findings from the Royal Commission into National Natural Disaster Arrangements;

· Funding for critical infrastructure to support local community and economic recovery; and

· Reinstatement of funding to local government through the Financial Assistance Grants

A full list of the key items to be included in the advocacy work is outlined below:

BUSHFIRES, NATURAL DISASTERS & ENVIRONMENT

Protect communities from the impacts of natural disasters and climate change

· Assist local government to respond to impacts from increased frequency of bushfire, storms and floods

· Ensure Census collection captures data on bushfire impacts in regional communities

· Establish a local government climate change partnership fund addressing mitigation and adaptation

· Funding to better support Councils preparedness and response to emergencies – operation and staff training for EOC, evacuation centre facilities, telecommunications, power

DISASTER ARRANGEMENTS AND FUNDING

· Commit to undertaking a full review of the current Disaster Recovery Funding Arrangements

· Develop improved funding framework for natural disasters

· Fund a targeted disaster mitigation program

FUNDING

Repair funding to Local Government

· Restore the quantum of Financial Assistance Grants to at least 1% of Commonwealth Taxation revenue.

TRANSPORT ROUTES

Realise the productive potential of Australia's freight routes

· Fund a local government Productivity Investment Plan.

· Support freight routes in South East NSW particularly the "black hole" that exists in the far south coast and ensure there is safe access and egress through times of disaster by:

o upgrading the Princes Highway and classifying the Princes Highway as a Road of Strategic Importance

o upgrading of the Snowy Mountains Highway through Brown Mountain: stage one funded scoping study to design and cost the project; stage two - delivery of the upgrade.

LOCAL ROADS

Boost safety on local roads

· Increasing R2R funding

· Make the Bridges Renewal Program permanent

COMMUNITY SERVICES

Promote equitable access to community services

· Funding for regional tertiary education including Country University Centres

COMMUNIUCATIONS

· Deliver full digital connectivity to the region

· Commit to ensuring there are no Black Spots in regional Australia, particularly those that are at significant risk of natural disasters such as the Summer Bushfires

· Deliver full connectivity to the region through black spot funding and smart technology funding for the Southern Lights project

· Establish remote working hubs to leverage digital economy benefits for regions.

HEALTHIER COMMUNITIES

Promote healthier communities

· Invest in local government place preventative health and activity programs

INDIGENOUS WELL-BEING

Foster Indigenous well-being and prosperity

· Fund the Bundian Way project

· Continued support for Indigenous jobs/traineeships

· Support Indigenous business development

ECONOMY & DIGITAL TRANSFORMATION

Strengthen Regional Economies

· Support regional economies by relocating federal government departments.

· Target funding programs at growth sectors of the Bega Valley Shire: Agribusiness, Forestry, Marine, Tourism, Education and Health and Aged Care.

· Support small business recover from drought, bushfire and the global pandemic.

· Funding support for drought - water storage, agricultural resilience initiatives, technology investment and policy

· Funding for resource recovery initiatives - with a focus on business

· Funding to support key actions from Climate Resilience Strategy and BVSC Clean Energy Plan

· Support and fund employment programs building workforce skills and resilience

AFFORDABLE HOUSING, HEALTH & HOMELESSNESS

Support local government's current work in addressing affordable housing and homelessness issues

· Fund a youth refuge in the Far South Coast

· Provide incentives for the development of affordable housing and flexible housing options

· Further support for mental health services in regional areas as the full impact of the exponential impacts of drought, fires, floods and pandemic will potentially exponentially escalate over coming years

LOCAL GOVERNMENT SUPPORT

· Support Councils to have ‘shovel ready’ project by funding project preplanning activities in funding programs

· Increase the project management/administration limit in funding programs to at least 20% to reflect actual cost for Councils to deliver projects

· Improve/streamline Federal Government grant program grant guidelines, application processes and reporting requirements

Attachments

Nil

Council 20 May 2020

Item 11.1

11.1. EOI 19/20 Use and occupation of the Green Shed Building at Tathra

This report details the results of the Expression of Interest (EOI 19/20) process recently carried out for the use and occupation of the Green Shed building on Andy Poole Drive in Tathra.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the Expression of Interest (EOI 19/20) process carried out for the use and occupation of the Green Shed building on Andy Poole Drive in Tathra.

2. That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a further five-year licence with an option for a further five years to Bega Valley Bridge Club Incorporated for their continued occupation of the Green Shed building on Andy Poole Drive in Tathra for an annual rental fee as determined by a formal market valuation and increased annually by CPI.

3. That Council authorise the General Manager and Mayor to execute the necessary licence documentation to provide further tenure.

Executive Summary

Council officers have carried out an open and transparent Expression of Interest (EOI) process seeking suitable tenants for the use and occupation of the Green Shed building in Tathra following expiration of the current licence.

This report details the results of the EOI process conducted between 11 March 2020 and 15 April 2020 and seeks Council’s approval to enter into a formal tenure arrangement with the Bega Valley Bridge Club Incorporated (BVBC).

Background

The BVBC currently occupies the Green Shed building located on Andy Poole Drive, Tathra. Their occupation of the site has been authorised by way of a three-year licence agreement which expired on 30 April 2020.

To maintain transparency and avoid any suggestion of impropriety, Council has conducted a formal EOI process calling for suitable tenants for the use and occupation of the Green Shed building. The EOI document was available on Council’s e-Tendering portal. A total of three (3) submissions were received and evaluated against the set criteria by a Tender Evaluation Panel. Two (2) of the three (3) submissions did not comply with the requirements of the EOI and were made in error, these submissions were withdrawn by the tenderers. The information provided by tenderers within their submission is considered ‘commercial in confidence’, therefore are attached as Confidential Attachments for the information of Councillors.

Council is the Crown Land Manager of Tathra Beach Reserve (R79310) and proposed uses need to comply with the gazetted reserve purpose of public recreation and conservation. Under the Bega Valley Local Environmental Plan 2013 (NSW) the Green Shed building enjoys continuing use rights as a community facility which means a building or place:

a) Owned or controlled by a public authority or not-profit community organisation, and

b) Used for the physical, social, cultural or intellectual development or welfare of the community.

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

Any proposed use of the Green Shed that did not comply with continuing use right as a community facility would need to lodge a development application which would include an upgrade to the existing building to achieve compliant access for people with disabilities and provision of essential services. As such proponents were advised they would need to make their own enquiries in this regard and provide evidence that the proposal meets all planning and building regulation requirements at no cost to Council. The proposal received by the BVBC meets the continuing use rights as a community facility.

In accordance with clause 70 of the Crown Land Management Regulations 2018 (NSW) renewal of existing licences over pre-Plan of Management Crown Land, for a term not exceeding 21 years, is permissible when there was a pre-existing licence in force immediately before the repeal of the Crown Lands Act 1989 (NSW) providing that the new licence does not authorise any uses for the land that are additional to uses that were permitted under the previous licence.

A site plan of the Green Shed location appears below.

8728627

It is noted there is a development application under assessment for a community garden on the southern side of the Green Shed building. The community garden proposal is supported by the BVBC and the use of the reserve for both purposes is thought to enhance the reserve for community users.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers and resolve accordingly.

2. Decline to accept the EOI submissions received and advise BVBC of Council’s decision.

3. Maintain vacant possession of the building for Council purposes. Note, this option will require the identification of funds to undertake necessary planning for the use of the building and ongoing maintenance and operational budgets.

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

Community Engagement

Consultation undertaken

Council officers completed an EOI process via public tender between 11 March 2020 and 15 April 2020. The tender was available on the e-Tendering portal and publicly advertised on Council’s website and the Bega District News.

BVBC have advised they would like further long-term tenure for their use and occupation of the Green Shed. Given BVBC have occupied the Green Shed building for the past 25 years and no further applications were submitted as part of the EOI process it is considered appropriate to offer BVBC with a further five-year licence with an option for a further five years.

Consultation Planned

Council officers intend to issue a five-year licence agreement with an option for a further five years, therefore in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant a licence, in respect of community land for a period exceeding five years, it must:

· Give public notice of the proposal (including on the Council’s website), and;

· Exhibit notice of the proposal on the land to which the proposal relates;

· Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and;

· Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Council consideration of input

To ensure the continued use and occupation of the reserve is appropriate for the licence, the following items will be considered:

· Compliance with the legislation, related policies and guidelines;

· Compatibility with the Reserve purpose of Public Recreation;

· Native Title rights; and

· Aboriginal land claims.

It is noted that on 2 August 2018 lots 272 and 273 DP 821413 were exercised from Aboriginal Land Claims 42488 and 42623 lodged over Tathra Beach Reserve (R79310).

Financial and resource considerations

The last market rental valuation commissioned by Council was in 2014 which indicated a rental figure in the order of $4,125 per annum if the building were to be leased on a commercial basis. As Category 2 (single interest sporting group) the BVBC has been entitled to a 50% rebate off market rent under the Crown land financial concessions policy. The annual licence fee payable by BVBC over the past three years has increased each year by CPI, with an annual licence fee of $2,291.94 now payable.

An updated market rental valuation will need to be commissioned by Council to determine a rental figure prior to entering into any new tenure arrangement for the building.

Council officer time has been required to conduct the EOI process as well as ongoing management of a licence agreement during its term.

Legal /Policy

The EOI process meets the following objectives:

· To undertake an open, fair and transparent process for the issuing of tenure for the use and occupation of the Green Shed located within Council Managed Crown Reserve R79310;

· To manage the use of Tathra Beach Reserve (R79310) in a way which complies with legislative requirements under the Crown Land Management Act 2016 (NSW) (CLM Act) and/or the LG Act;

· To optimise the potential use and financial return from activities conducted on Tathra Beach Reserve (R79310) which is under the direct management of Council.

The purpose of the licence must be compatible with the classification, plan of management and permitted use under the Local Environmental Plan.

In accordance with Council’s Management of Leases and Licenses Procedure tenure may be granted by:

· Invitations for expressions of interest.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The EOI submission received by BVBC was evaluated based on the following criteria:

B1. ECONOMIC ACTIVITY – 30%:

Demonstrates how the activity will generate local economic activity and support for local business. (10%)

Demonstrates how the activity will attract external visitation to the area. (10%)

Demonstrates how the activity will enhance the enjoyment for reserve users. (10%)

B2. OTHER BENEFITS TO THE COMMUNITY – 30%:

Demonstrates what the level of community participation will be. (15%)

Demonstrates what other benefits the community will receive from this activity. (15%)

B3. EXPERIENCE & QUALIFICATIONS – 20%:

Demonstrated previous experience in the proposed activity. (10%)

Evidence of appropriate accreditations and/or qualifications supplied. (10%)

B4. SUSTAINABILITY – 20%:

Is the activity self-sustaining? (10%)

If not, how likely is it that the activity will continue without ongoing external support? (10%)

The BVBC is a not-for-profit community sporting group who have a voluntary management committee comprising of local representatives, their use complies with the reserve purpose and provides an important social activity to the community. The BVBC have occupied the Green Shed for the past 25 years and are responsible for all ongoing structural and reactive maintenance for the building.

Risk

There are no adverse risks in allowing the building to be occupied by the existing tenant so long as the use is authorised by way of a formal tenure arrangement which contains appropriate indemnity and insurance clauses.

Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding a proposed new licence as it may affect Native Title interests in the reserve. When exercising powers provided by the transitional arrangements under the CLM Act, Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that the proposed lease complies with the Native Title Act 1993 (Cth).

Attachments

1 . EOI 19/20 use and occupation of the Green Shed building -Submission 1 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

2 . EOI 19/20 use and occupation of the Green Shed building -Submission 2 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3 . EOI 19/20 use and occupation of the Green Shed building -Submission 3 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 20 May 2020

Item 11.2

11.2. RFT 02/2020 and RFT 03/2020 Pambula Squash Courts - Building Construction and Court Fitout - Post Tender Negotiations

Following the Council resolution of the 8 April 2020 item 11.6 “…to enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into Contracts…”. post tender negotiations have concluded with the results now presented for consideration.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the negotiated price and enter into Contract for the works described in Tender RFT 02/2020 Building Construction for Pambula Squash Courts with (……….) for the amount of ($……….) subject to variations, provisional sums and prime cost items as per recommendations in the confidential attachment.

2. That Council accept the negotiated price and enter into Contract for the works described in Tender RFT 03/2020 Courts Fitout for Pambula Squash Courts, with (………) for the amount of ($........) subject to variations, provisional sums and prime cost items as per recommendations in the confidential attachment.

3. That authority is delegated to the General Manager or their delegate to execute all necessary documentation.

Executive Summary

Council resolved on the 8April 2020 not to accept any of the tenders received for RFT’s 02/2020 Building Construction and 03/2020 Courts Fitout for Pambula Squash Courts, and to enter into negotiations with the lowest Tenderer for RFT 02 Building Construction and directly with the specialist Supplier for RFT 03 Courts Fitout with a view to entering into contracts.

Following post tender negotiations with the lowest tenderer in conjunction with some design and specification amendments as well as negotiation and clarification with the specialist squash court fit out supplier, the build cost has been reduced to fit within the allocated $850,000 project budget.

Background

Following Council resolution to proceed with the Pambula Squash Courts and Approval of revised DA 2020/341, Tenders were called in late January 2020 for two separate packages, Building Construction and (specialist) Courts Fitout, both closing 11 March 2020.

Tenders were received for RFT 02/2020 Building Construction and Nil (0) conforming Tenders for 03/2020 (specialist) Courts Fitout all in excess of the allocated budget.

Council resolved on the 8April 2020 not to accept any of the tenders received and to enter into negotiations with the lowest Tenderer for RFT 02 Building Construction and directly with the specialist Supplier for RFT 03 Courts Fitout with a view to entering into contracts.

Negotiations proceeded with the lowest tenderer and with the specialist supplier to investigate options to reduce the total cost. With the assistance of the architectural and engineering design consultants, a simplified floor plan and simpler building form enabled the elimination of concrete block retaining walls and deletion of the tilt up concrete panels as well as adoption of simpler construction methods.

The amended design includes 3 courts and movable walls enabling expansion of the floor to a clear area of nearly 20m x 10m enabling a wide range of sports and leisure activities including badminton, table tennis, karate, dance, gym and other floor sports and achieving the strategic objective of a flexible, functional, multi-use sports facility.

Although the amended design and specification meets all functional and brief requirements and complies with Section J requirements Council planners confirmed that the design changes would require Development Application modification to the current consent.

A modified Development Application has been submitted and is out to public notification to enable the amended consent obtained promptly and enable the project to progress in a timely fashion.

Community Engagement The local squash club management committee have been informed of the design changes to meet the allocated budget and are in favour of the revised design.

The modified Development Application is out on public notification.

Financial and resource considerations

The project funding is sourced from the sale of the 105-107 Main Street, Merimbula completed September 2018.

In accordance with Council resolution made on 20 September 2017 funding of $850,000.00 has been allocated in the 2019/20 Budget.

Funding source		Amount
CAPEX 19-20	$	850,000

Legal /Policy

Declination to accept Tenders and subsequent negotiation complies with the LGA, in particular Clause 178 of the Local Government (General) Regulation 2005

Attachments

1. Confidential Memorandum to Council report RFT 02/2020 and RFT 03/2020 Pambula Squash Courts - Building Construction and Court Fitout - Negotiations (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 20 May 2020

Item 12.1

12.1. Exhibition of 2020-2021 Budget and Integrated Planning and Reporting documents

The Draft Revised Delivery Program 2017 – 2021, Operational Plan 2020-2021 along with the 2020-2021 Budget, Financial Strategy, Long Term Financial Plan and Fees and Charges are presented to Council for consideration and public exhibition and set a date for a meeting to consider the QBRS for March 2020.

General Manager

Officers Recommendation

1. That the draft, revised Delivery Program 2017-2021, the draft Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, the amended Financial Strategy and Long-Term Financial Plan (LTFP), and the draft Fees and Charges 2020-2021 be placed on public exhibition for 28 days with feedback on the documents to be considered at the Council meeting on 24 June 2020.

2. That Council hold an additional meeting on 27 May 2020 to consider and adopt the March Quarterly Budget Review.

Executive Summary

In accordance with the Integrated Planning and Reporting (IP&R) Framework, Council has prepared revised strategic planning documents for 2020-2021. Draft strategic planning documents for 2020-2021 were previously placed on an extended exhibition through December 2019 and January 2020 following Council’s decision, in November 2019, to proceed with a Special Rate Variation (SRV) application.

In January 2020, after the 2020 Bega Valley Bushfires, it was resolved to withdraw the exhibited documents from exhibition, cease with progressing an SRV application and suspend the consideration and adoption of these documents to undertake further modifications as a result of the refocussing of the organisation to include bushfire recovery and rebuilding as key directions. This has now also included impacts from, and responses to, the current pandemic impacts on the organisation and community.

Following this meeting the documents will be made available, publicly, for a 28-day exhibition period from 21 May 2020 for comment and submissions.

An important part of consideration of the budget for 2020-2021 is the March Quarterly Budget Review Statement (QBRS). To meet the reporting requirements under the Local Government Regulation the March review must be presented by end of May with all the additional work in this area due to ensuring the figures are correctly reflecting all the change in the March quarter with fires, floods, funding and COVID-19 the report was not ready to be signed off for this meeting.

Background

In accordance with the Integrated Planning and Reporting (IP&R) Framework, Council has prepared revised strategic planning documents for 2020-2021. Council is also seeking amendments to its Financial Strategy and Long Term Financial Plan (LTFP) and these documents will also be placed on extended exhibition.

Council adopted the Resourcing Strategy, which included its Financial Strategy and LTFP, in 2017. At that time Council considered a range of options and resolved its position, for the adopted plans, with the major focus on asset management and outlining a range of projects and actions to progress over the period 2017 to 2020.

At its meeting on 11 December 2019, Council resolved to place the Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020-2021 including the Budget for an extended public exhibition in accordance with Sections 404 and 405 of the Local Government Act 1993.

During the December/January exhibition Council was seeking amendments to its Financial Strategy and LTFP as a result of the SRV. Council also developed a sub-plan of the Recreation Asset Management Plan (RAMP), for swimming pools, and these documents were also placed on extended exhibition.

Council resolutions over December 2019 and January 2020 relating to these documents:

11 December 2019 Resolution – Public exhibition IPR documents including SRV

1. That the draft, Revised Delivery Program 2017-2021 and draft Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, and the amended Financial Strategy and Long-Term Financial Plan (LTFP), a Swimming Pools Asset Management Plan, draft Fees and Charges 2020-2021 be placed on an extended public exhibition period from 13 December 2019 to 24 January 2020 with feedback on the documents and Councils proposed Special Rate Variation (SRV) to be considered at the Council meeting on 5 February 2020.

2. That Council have a workshop on what ability we have to incentivise development within the Shire to attempt to stimulate population and economic growth.

29 January 2020 Resolution- Special Rate Variation

1. That Council notify the Independent Pricing and Regulatory Tribunal (IPART) that it will not be submitting an application for a Special Rate Variation for the 2020-2021 financial year as a result of the bushfire disaster declaration and continued campaign fires.

2. That Council maintain the meeting scheduled for 5 February 2020 to consider the volume of matters requiring attention in business as usual, which was originally scheduled for the consideration of the SRV application.

3. That Council abandon consideration of a Special Rate Variation.

29 January 2020 Resolution- IPR Documents

1. That the IP&R documents including the draft Revised Delivery Program 2017-2021 and draft Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, the amended Financial Strategy and Long-Term Financial Plan (LTFP), the Swimming Pools Asset Management Plan, and the draft Fees and Charges 2020-2021 that were placed on an extended public exhibition over December 2019 and January 2020 be withdrawn so that redrafting can be made to accommodate Councils revised focus on rebuilding and recovery.

2. That the redrafted IP&R documents be presented to the 29 April 2020 Council meeting for consideration followed by a standard public exhibition period.

3. That the current 2019-2020 Revised Delivery Program and Operational Plan be reviewed with a report to the 19 February 2020 Council meeting outlining the progress made in the first six months and a report be presented to the 8 April2020 Council meeting outlining the activities and actions to be modified or reprioritised given the bushfire recovery focus.

Resourcing Strategy – Evolution and Amendments

Council’s Resourcing Strategy, adopted in 2017, outlines the planned way forward for Council in relation to the critical areas of workforce, financial strategy, asset management, technology and plant. Council has considered several reports since the Council elections, in September 2016, outlining the approach to enacting the adopted LTFP. The LTFP outlined two potential increases to general rates above rate pegging through applications for special rate variations. At that time the financial challenges of continuing to provide the level of infrastructure and services in the General Fund required by the community without an increase of revenue were articulated.

Throughout 2017, Council undertook a full review of its financial position, particularly in relation to the considerable assets Council owns, operates, and manages. Council adopted its Community Strategic Plan, Resourcing Strategy and Delivery Program with a specific focus, resolved at its meeting on 28 June 2017, to continue to strategically address financial sustainability in all asset classes and moving to ensure that the Council consider potential disposal, rationalisation, efficiencies and improved management and operations of assets into the future. Work on this has been continuing however it has been difficult and impacted further by Council being successful at leveraging considerable external funding for capital works which have however further impacted the situation.

Council resolved on the Financial Strategy and LTFP utilising an Asset Management approach and adopted aspects of models presented which were framed as the “Asset Management Model”. This included a number of proposed SRVs moving forward. These were described as providing an alternative model for tourism marketing and promotions funding; provision of new, or upgraded, recreation assets such as swimming pools; and critical transport and community asset improvements including those aimed to build resilience against storm damage.

Over the period July to December 2017 a further, more detailed, review of all asset classes was undertaken with direction moving forward to focus on being able to maintain and renew current assets and identify efficiencies, and potential asset rationalisation. Workshops were held on each asset class and a full, detailed report presented to Council on 13 December 2017.

During this period Council also considered a report on its swimming pool assets and resolved to continue to operate, maintain, renew and update its six pool. This resulted in the SRV application for pools being progressed to an application late in 2019. This has now been withdrawn however the full impact of the six pools are reflected in the draft budget.

Over this period Council has also:

· reviewed its services

· restructured the organisation on two occasions to achieve operational savings

· responded to several significant disaster events with two fires in 2018

· received in excess of $75m additional grant income for assets

· considered reports on land divestment

· divested itself of buildings through sale

· improved its works programs to gain efficiencies and extend works undertaken

· developed a Network Operations Centre to improve planning and delivery of works

· resolved to hand back assets to the State Government; and

· undertaken more detailed discussions relating to pools and public amenities.

Council and the community are now responding to the impacts for the Black Summer Fires, the subsequent floods and the COVID-19 pandemic. All of these have significant impacts Councils projects and operations and therefore the Operational Plan and budget looking forwards.

A number of these items have impacts which require aspects of Council’s adopted plans to be amended, the following have been appropriately amended:

· The Financial Strategy and LTFP, components of the Resourcing Strategy

· Revised Delivery Program.

· Operational Plan 2020-2021.

Revised Delivery Program 2017-2021

This is the fourth year of the adopted four-year 2017-2021 Delivery Program. Councillors and staff have continued to review the plans and in 2018 the Revised Delivery Program was adopted, to reflect two major activities, which resulted in significant changes to our projected plan, those being:

1. The Tathra and District Bushfire and Yankees Gap Bushfire response and recovery.

2. The unprecedented level of funding being delivered, particularly capital projects funded by the State Government through the Regional Growth Funds.

The Revised Delivery Program 2017 – 2021 also reflected organisational structure refinements resulting in a redirection of services along with legislation changes.

The documents have now been further revised to include the required amendments and focus following the Black Summer Bushfires and floods and the COVID-19 pandemic.

The Revised Delivery Program outlines which aspects of the Bega Valley Community Strategic Plan 2040 (CSP 2040) are under the direct control and responsibility of Council. It identifies what actions Council is going to undertake, in the medium term, to work towards the goals and strategies in the CSP 2040 within available resources. The program also outlines which Service Area is responsible for achieving the actions.

The Local Government elections scheduled for September 2020 have been postponed due to COVID-19 until September 2021. The Office of Local Government have advised that Councils adopted 2017-2021 Delivery Program will extend for a further year to cover the extended term of the current elected Council.

Revised Operational Plan 2020-2021 including Annual Budget

The Revised Bega Valley Shire Operational Plan 2020-2021 outlines what Council will do in the medium term to deliver services, projects, capital works and asset maintenance.

The Operational Plan details what activities Council plans to achieve in the 2020-2021 year, which areas are responsible for achieving them and measures to track progress.

Acknowledgement of funding support from the Federal and State Governments

With respect to the Annual Budget 2020-2021, Council acknowledges the support of the Federal Government through the Federal Assistance Grant to Council operations, and the State Government through significant project and program funding relating to a variety of service delivery areas, infrastructure projects and other activities. This is of importance in the current bushfire and pandemic response and recovery with support from both levels of government and also considerable unbudgeted costs which now need to be reflected in the documents.

Budget Summary

The draft Operational Plan also includes a 2020-2021 Budget Summary which provides an overview of the total estimated income and expenditure for each of Council’s General, Waste, Water, and Sewer Funds as well as a breakdown of expenditure by Council services.

Some of the key factors which have informed the budget development include:

· 2.6% rate peg increase in general rates

· Award wage increases of 2.5% across general, water, sewer and waste

· Emergency service levy commitment now held at the pre-increase level due to the COVID-19 Local Government Support Package for a further year

· increases in Council’s electricity supply contract

· referral of funding for local government elections and associated induction and new continuing professional development requirements for Councillors to the 2021/22 year

· additional capital expenditure from external funding including that associated with the bushfire recovery rebuild; and

· allocation of Council’s financial commitment to the Eden Port funded by the SRV raised for tourism infrastructure.

Revenue Policy

The draft Revised Delivery Program 2017-2021 and Operational Plan 2020-2021 are presented in one document which also includes a statement of Revenue Policy for the applicable financial year, 2020-2021.

The Revenue Policy includes:

- details of estimated income and expenditure

- rating model applying the rate peg increase. IPART has determined that NSW councils may increase their general income by 2.6% under section 506 of the Local Government Act 1993 for the rating year commencing 1 July 2020. Council’s adopted position is to annually take up the IPART rate peg increase in full. This is annually applied to the draft rates and charges and indicated in the Revenue Policy.

- statement of revenue policy and charges; and

- proposed pricing methodology.

Fees and Charges

Council determines fees and charges for a range of services such as: Planning and Building; Library; Children’s Services; and facility usage. These fees and charges form part of the Revenue Policy. The fees and charges proposed for services and facilities for the 2020-21 year are detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, with some fees and charges set by legislation.

A number of the Council facility management committees have provided their input into draft fees for 2020-21.

A number of fees and charges have been amended as per Council’s resolutions relating the bushfires and COVID-19.

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020 – 2021 including the Revenue Policy and draft Fees and Charges 2020-2021 will placed on a 28 day public exhibition period from Thursday 21 May 2020 to Thursday 18 June 2020, in accordance with the provisions of Section 405 of the Local Government Act 1993.

Public notices will be placed online via Council’s website, local media. A 'Have Your Say' page will be created on Councils website along with posts on Councils Facebook page. Content will also appear in Council News, our regular newsletter.

Legal /Policy

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting Framework for a period of 28 days and consider submissions made to the Delivery program and Operational Plan prior to adoption.

Under the Local Government Regulation, the March QBRS must be considered by Council by the end of May. To meet this requirement and include the March figures in the Council’s understanding of the current position it is a recommendation of this report that a Council meeting be held on Wednesday 27 May 2020 to consider the item.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The documents once exhibited and adopted, will guide the Council’s operations under the Integrated Planning and Reporting Framework.

Attachments

Nil

Council 20 May 2020

Item 12.2

12.2. Classification of land at Merimbula

This report seeks approval to commence a public notification process to classify Council owned land that has recently been acquired as operational land under the Local Government Act 1993 (NSW).

Director Assets and Operations

Officer’s Recommendation

That Council give notice of its intention to classify Lot 233 DP 1263284 off Sapphire Coast Drive in Merimbula as operational land under section 34 of the Local Government Act 1993 (NSW).

Executive Summary

A Council Resolution is being sought to commence the public notification process required under section 34 of the Local Government Act 1993 (NSW) (LG Act) to classify Lot 233 DP 1263284 off Sapphire Coast Drive, Merimbula as operational land.

Background

Council resolved, at its Ordinary Meeting of 7 August 2019, when considering its position on the proposed Merimbula service road extension as follows:

1. That Council authorise the acquisition, by private agreement, of part Lot 123 DP 1250503 at Merimbula for the construction of the roadworks, as detailed in the attached Deed of Agreement, for the purpose of the proposed Merimbula service road extension.

2. That upon acquisition, Council’s intention will be to dedicate section B, shown in red colour on the sketch plan in the report to Council of 7 August 2019, as public road reserve and classify section C, shown in purple colour on the same sketch plan, as Operational Land which will be the subject of a further report to Council.

3. That the Mayor and General Manager be authorised to execute all necessary documentation including any minor modifications to the draft deed as required.

Following the Resolution of Council, officers have been liaising with representatives from Merimbula-Imlay Bowling Club Limited and legal representatives to action the Resolution of Council.

The Deed of Agreement was finalised and executed on 21 November 2019 and the Plan of Subdivision has now been lodged for registration at Land Registry Services (LRS). LRS have issued a pre-allocated plan number of Lot 233 DP 1263284 for the area of part Lot 123 DP 1250503 acquired by Council as operational land and shown on the below diagram in purple as section C.

As outlined in the above resolution a further report to Council is required to classify the land parcel as operational land under the LG Act to allow Council with flexibility over the use of the land in the future.

Options

The options available to Council are:

1. Commence the public notification process to classify Lot 233 DP 1263284 off Sapphire Coast Drive, Merimbula as operational land to allow Council with flexibility over the use of the land in the future; or

2. Resolve not to commence the public notification process to classify Lot 233 DP 1263284 off Sapphire Coast Drive, Merimbula as operational land. Any land parcels that are acquired and not classified by a Resolution within 3 months, will at the end of the 3-month period be taken to have been classified under a Local Environmental Plan as community land. If the land parcel was to revert to community land, the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land.

Community Engagement

Consultation Planned

Section 34 of the LG Act provides that a public notice of such a proposed Resolution must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final Resolution to classify Lot 233 DP 1263284 as operational land.

Financial and resource considerations

The costs associated with advertising the proposal will be borne by Council and Council’s Property officers will be required to complete the public notification process to classify the land parcels.

Legal /Policy

Under section 26 of the LG Act, Council land must be classified as either community or operational land. Section 31 of the LG Act provides that a property may be classified within 3 months of dedication by Council Resolution or it automatically defaults to community land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

While the land remains unclassified, the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land.

Attachments

1 ⇩. Unregistered plan of subdivision of lot 123 DP 1250503

Council	20 May 2020
*Item 8.1 - Attachment 1*	Residential Land Strategy for adoption (tracked changes version)

Council	20 May 2020
*Item 8.1 - Attachment 3*	Summary of Submissions to Draft Residential Land Strategy

Council	20 May 2020
*Item 12.2 - Attachment 1*	Unregistered plan of subdivision of lot 123 DP 1250503

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

19 Confidential Business

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

6.1. Council Finances and the Way Forward

Recommendation

Background

Attachments

Council

20 May 2020

Staff Reports –Planning And Environment

20 May 2020

Council

20 May 2020

Staff Reports – Economic Develoment and Business Growth

20 May 2020

10.1. Election Priorities for Eden Monaro By-Election

Officers Recommendation

Attachments

Council

20 May 2020

Staff Reports – Infrastructure Waste And Water

20 May 2020

Council

20 May 2020

Staff Reports – Governance And Strategy

20 May 2020