Ordinary

Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Via Zoom on
Wednesday, 22 July 2020 commencing at 2:00pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Sharon Tapscott, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

Cr Liz Seckold

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager, Communication and Events, Mr Ian Campbell

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Minute Secretary, Mrs Bec Jones

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

Item no & subject

 

Pecuniary Interest

 

   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

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


Council

22 July 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 and Closed session held on 24 June 2020 and the Extraordinary Meeting held on 13 July 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                Request for support to communities impacted by Victoria/New South Wales Border - request East Gippsland Shire Council............................................................................................................... 9

 

7       Urgent Business

 

8       Staff Reports – Planning and Environment

 

8.1                Rezoning for Water and Sewer Infrastructure.......................................................................... 14

8.2                Submission on NSW Housing Strategy Discussion Paper...................................................... 165

8.3                Outcomes of Exhibition of Draft Climate Resilience Strategy............................................. 176

9       Staff Reports – Community, Culture and Leisure

 

9.1                Acceptance of Building Better Regions Grant and Local Roads and Community Infrastructure Program..................................................................................................................................... 508

10   Staff Reports –Economic Development and Business Growth

 

10.1              Bega Valley Innovation Hub Update and Incubator Support Funding............................... 514

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Tathra Beach Kiosk...................................................................................................................... 522

11.2              Bega Valley Local Traffic Committee........................................................................................ 530

12   Staff Reports – Governance and Strategy

 

12.1              Classification of land dedicated to Council............................................................................. 548

12.2              Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2020-2021 including Annual Budget, Financial Strategy and Long Term Financial Plan................................... 551

12.3              Delegations for the acceptance of Recovery, Resilience and Rebuilding tenders........... 812

13     Staff Reports – Finance

 

13.1              Making of the Rates and Charges for 2020 - 2021................................................................. 851

13.2              Adoption of Fees and Charges 2020-2021.............................................................................. 863

13.3              Certificate of Investment - May 2020...................................................................................... 967

13.4              Determination of the Local Government Remuneration Tribunal - 2021 Financial Year - Mayoral and Councillor Fees.................................................................................................................. 971

 

14     Councillor Reports

14.1              CRJO Board meeting 30 June 2020......................................................................................... 1001

 

15     Rescission/alteration Motions

 

16     Notices of Motion

16.1              Protection of endangered shorebirds.................................................................................... 1003

16.2              Support for Regional Media and the ABC............................................................................. 1004

16.3              DA ANWE.................................................................................................................................... 1006

 

17     Questions with Notice

17.1              Merimbula Top Lake Boardwalk - Renewal.......................................................................... 1008

17.2              Skate Park Association Projects.............................................................................................. 1009

17.3              Speed Limits on Mt Darragh Road.......................................................................................... 1011

 

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......................... 1012

              

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

Statement of Re-Commencement of Live Streaming

19     Noting of Resolutions from Closed Session

21   Declassification of reports considered previously in Closed Session 


Council

22 July 2020

 

 

Mayoral Minutes

 

22 July 2020

 

6.1              Request for support to communities impacted by Victoria/New South Wales Border - request East Gippsland Shire Council.................................................................... 9


Council 22 July 2020

Item 6.1

 

6.1Request for support to communities impacted by Victoria/New South Wales Border - request East Gippsland Shire Council      

The East Gippsland Shire Council Mayor has requested support in relation to the cross-border closure as it impacts communities in the north east of their Shire.

Cr Tapscott   

Recommendation

That Bega Valley Shire Council note the request from East Gippsland Shire and continue to work with them and other border Councils to support border communities to be able to maintain their daily life activities.

Executive Summary

The Mayor of the East Gippsland Shire Council has written to Council seeking support for a resolution of the East Gippsland Shire. In particular in relation to Bega Valley the relationship between Mallacoota and Genoa and services in the Bega Valley were noted. The letter is attached.

Background

The Mayor of East Gippsland Shire Council has written requesting that Council formally indicate our support to Victorians from East Gippsland communities to continue to be able access services in the Bega Valley. In particular Mallacoota and Genoa look to the Bega Valley for services.

The NSW Cross Border Commissioner has been hosting video conferences with all border councils in NSW every two days to discuss issues. Key to this has been ensuring the permit system allows people in close proximity to borders to be supported.

An issue locally has been some anecdotal stories relating to poor treatment of people in cars with Victorian number plates.

 

Attachments

1.         Letter from Cr John White - East Gippsland Shire Council

 


Council

22 July 2020

Item 6.1 - Attachment 1

Letter from Cr John White - East Gippsland Shire Council

 

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Council

22 July 2020

 

 

Staff Reports –Planning And Environment

 

22 July 2020

  

8.1              Rezoning for Water and Sewer Infrastructure.................................................... 14

8.2              Submission on NSW Housing Strategy Discussion Paper.................................. 165

8.3              Outcomes of Exhibition of Draft Climate Resilience Strategy........................... 176


Council 22 July 2020

Item 8.1

 

8.1.  Rezoning for Water and Sewer Infrastructure     

Council’s Water and Sewer Service seeks to rezone certain lands for infrastructure purposes. This report recommends that Council resolve to support the planning proposal and provide it to the Minister for Planning and Public Spaces for a Gateway Determination.

 

Director Community Environment and Planning  

Officer’s Recommendation

That Council:1.  Supports a planning proposal to rezone land for water and sewer infrastructure.

2.    Authorises Council officers to submit the planning proposal (Attachment 1) and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.    Authorises Council officers, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required, to progress the planning proposal to finalisation and gazettal without a further report to Council.

Executive Summary

A recent review of zonings by Council has identified several inconsistencies in the application of the SP2 Infrastructure zone throughout the Shire. To unify zonings and facilitate the management and development of existing and planned water and sewer infrastructure under the provisions of the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP), Council is seeking to rezone multiple land parcels via an amendment to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

Background

Council is seeking to rezone 23 parcels of land through an amendment to LEP 2013 to facilitate the management and development of existing and planned water and sewer infrastructure under the provisions of the Infrastructure SEPP. Most affected land parcels have not been identified for future development, but rather contain water and sewerage infrastructure on land that is not zoned for those uses.  While these infrastructure activities may be undertaken through existing use rights, future expansion of water and sewer infrastructure is constrained under the current zones.

A recent review of zonings by Council has identified several inconsistencies in the application of the SP2 Infrastructure zoning throughout the Shire including:

·    Bega Sewage Treatment Plant (STP) – A large part of the existing Bega STP is zoned R2 Low Density Residential. Council has identified the need to expand the existing STP to the west to accommodate forecast population growth on land that is also zoned R2. All other expansion opportunities are limited as the remainder of the surrounding land is flood prone. R2 is not a prescribed zone under the Infrastructure SEPP and STPs are prohibited within the R2 land zone under BVLEP 2013. An amendment to BVLEP 2013 to rezone the land to SP2 Infrastructure is required to facilitate approval for the future upgrade of the Bega STP.

·    Bega Water Treatment Plant (WTP) – The current zoning of IN2 Light Industrial allows for the construction of a water treatment plant only with development consent. Rezoning this land to SP2 Infrastructure would enable the streamlined approval pathway through the Infrastructure SEPP for any future upgrade or ongoing maintenance works.

·    Zoning anomalies at other sites where water and sewerage infrastructure currently exist or where future infrastructure has been identified to meet future needs. Whilst these uses are not necessarily prohibited within the land zones, changes to definitions of what is prohibited in BVLEP 2013 or the Infrastructure SEPP could impact upon the feasibility of these sites to be used for their current or future purpose. A recent example was the change to the definition of ‘water reticulation’ in BVLEP 2013 in February 2019, which removed water reservoirs.

A planning proposal (Attachment 1) has been prepared by NSW Public Works Advisory on behalf of Council that seeks to address the above anomalies by rezoning applicable land parcels to SP2 Infrastructure to provide for increased planning certainty and to more accurately reflect their current and future land use purposes to the community.

Community Engagement

Consultation undertaken

No community consultation has yet been undertaken.

Consultation planned

The Gateway Determination will confirm community consultation requirements. It is likely that the planning proposal will be exhibited as a ‘low’ impact proposal for a period of not less than 14 days in accordance with Section 5.5.2 of A Guide to Preparing Local Environmental Plans.

Council will engage with the local community and agencies as per the Gateway Determination and Council’s Community Engagement Strategy. This will include notification on Council’s website and in writing to adjoining landowners.

Council consideration of input

Should agency or community feedback to the planning proposal be received, a report will be prepared for Council outlining the submissions received and any changes to the planning proposal recommended in response to those submissions prior to resolving whether to proceed with amending BVLEP 2013.

In the event that no objections to the planning proposal are received from landowners and no changes are required to the planning proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to BVLEP 2013.

Financial and resource considerations

Water and Sewer Services has identified a $29 million capital works program in Council’s Long Term Financial Plan to upgrade the Bega STP, Bega WTP and Brogo WTP. The costs of $5,000 to assess, lodge and amend BVLEP 2013 have been charged in accordance with Council’s current adopted Fees and Charges.

 

Funding source

 

Amount

Planning Proposal - Water and Sewer Funds

$

5,000

Capital Works – Sewer Fund

$

4,000,000

Capital Works – Water Fund

$

25,000,000

Legal /Policy

The need for the planning proposal is not the direct result of any strategic study or report; however, the proposal can be linked to the directions contained within the Bega Valley Water Supply and Sewerage Strategic Business Plan 2014 (Strategic Business Plan).

The Strategic Business Plan is the principal planning tool for water supply and sewerage service delivery within the Shire and provides the framework within which Council provides water and sewerage services efficiently and sustainably.  Specifically, the Strategic Business Plan identifies the need for major capital works for water supply across the Shire to meet the needs of the community and improve service levels. Many of these capital works include assets subject to this planning proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This planning proposal is consistent with the six outcomes of the Bega Valley Shire Community Strategic Plan 2040, and in particular the ‘Liveable Places’ outcome:

Goal 8:

‘Our places retain their character and scale development is well planned, and range of goods and services are available within our shire that meet the local needs’

Strategy 18:

‘To provide infrastructure and services to meet the ranging needs of residents in our towns, villages and rural areas’, as this planning proposal seeks to achieve a correct and consistent zoning for water and sewerage infrastructure throughout the Bega LGA, in order to facilitate the provision of water and sewerage infrastructure and services that would meet the needs of the residents of the Bega LGA.’

Environmental / Sustainability

An Environmental Constraints Assessment was undertaken by NGH Environmental in June 2019 to inform the planning proposal and identify whether any of the 23 land parcels are likely to contain critical habitat or threatened species populations or ecological communities, or their habitats. The study included a review of previous literature and database searches as well as site inspections of individual land parcels where considered necessary. It is considered that the planning proposal would not result in any adverse impact to critical habitat or threatened species populations or ecological communities, or their habitats.

Economic

The planning proposal will assist Council to deliver water and sewerage services efficiently and sustainably by assisting with the delivery of Council’s long-term capital works program.

Risk

The planning proposal will provide for a consistent zoning of existing and future water and sewerage infrastructure sites within the Shire thereby providing the community with certainty of land uses and reducing the risk of potential land use conflicts in the future. The planning proposal will also reduce project delivery risk by providing a more certain, streamlined approval process for the construction, upgrade and maintenance of these essential infrastructure facilities under the Infrastructure SEPP.

Social / Cultural

The planning proposal will assist with the delivery of major capital works for water supply and sewerage services across the Shire to meet the needs of the community and improve service levels, demonstrating to customers and stakeholders that water supply and sewerage service delivery in the Shire is well managed.

Attachments

1.         Planning Proposal Water and Sewer Infrastructure

 


Council

22 July 2020

Item 8.1 - Attachment 1

Planning Proposal Water and Sewer Infrastructure

 

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Council 22 July 2020

Item 8.2

 

8.2.  Submission on NSW Housing Strategy Discussion Paper     

This report proposes that Council make a submission to the NSW Government’s Housing Strategy Discussion Paper.

Director Community Environment and Planning  

Officer’s Recommendation

That Council make a submission (Attachment 1) to the NSW Government’s Housing Strategy Discussion Paper.

Executive Summary

The NSW Government has released a Discussion Paper to inform development of a NSW Housing Strategy.  This report proposes that Council make a submission to that Discussion Paper. 

Background

The NSW Government’s Housing Strategy Discussion Paper takes an end-to-end approach to meeting the housing needs of NSW residents across four inter-related themes:

·    Supply

·    Diversity

·    Affordability

·    Resilience

The proposed Strategy will cover the period to 2041. It identifies that Greater Sydney will require an additional 1 million homes by that time, with a further 290,000 homes required in regional NSW.  This housing stock is required to support larger households and shared living. It will also need to be more diverse to meet the needs of different sectors, such as older people, Aboriginal people and people with a disability.  In metropolitan areas, more of these households will be living in apartments.  

Options

The options available to Council are to:

1.    Submit Attachment 1 as Council’s feedback on the NSW Government’s Housing Strategy Discussion Paper.

        2.    Not make a submission on the Discussion Paper

        3.    Make an alternative submission to that provided in Attachment 1. Councillors would need to identify the amendments required.

Community Engagement

Consultation undertaken

The NSW Government is engaging widely to inform development of its next Housing Strategy.  The Discussion Paper was publicly exhibited on 15 June, until 24 July. NSW Housing has also engaged directly with Council officers via webinar. 

Council officers have not directly engaged with the local community in relation to the content of Attachment 1; however, the submission is based on previous input to Council’s Community Strategic Plan, Local Strategic Planning Statement and residential and rural residential land strategies.

Consultation planned

Council officers expect that NSW Family and Community Services will also consult widely on the draft Housing Strategy, to be developed following review of feedback on the Discussion Paper.

Council consideration of input

Councillors provided extensive feedback throughout the development of the recent Bega Valley Residential Land Strategy, Rural Residential Land Strategy and Local Strategic Planning Statement.  This feedback, along with feedback provided during a Councillor workshop held on 8 July 2020, has been incorporated into the submission (Attachment 1).

Financial and resource considerations

There are no direct financial or resource considerations associated with making a submission, as this activity is part of the regular business of Council.Legal /Policy

There are no direct legal or policy implications of making a submission.  The proposed submission (Attachment 1) is consistent with Council’s adopted policy position in relation to housing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed submission is consistent with the following Council strategies:

1.    Community Strategic Plan

Goal 6:          We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.

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 with our Shire that meet local needs.

2.    Local Strategic Planning Statement Planning Priorities

1. Natural Environment: The exceptional quality of our natural environment and sustainable development practices set us apart and underpin our way of life and economy

2. Natural Hazards: People, land and infrastructure are well positioned to face natural hazards

3. Carbon Neutral: Our community, environment and economy have actively responded to the threat of climate change and the Shire continues to work towards the goal of being carbon neutral by 2050

4. Aboriginal People and Culture: Aboriginal culture and heritage is respected and celebrated, and local Aboriginal people have achieved economic prosperity and better health, education and employment outcomes

5. Agriculture, Forestry and Aquaculture: Innovation within the agriculture, forestry and aquaculture sectors continues as operators diversify to capitalise on new economic opportunities and are profitable and sustainable

10. Character: The distinctive character of the landscapes, towns and villages that make our Shire unique is thriving and continues to provide a sense of place and wellbeing to residents and attract visitors

11. Housing: Residential areas provide a range of housing styles, sizes and tenures that suit people of all ages, income levels and household sizes and enable communities to stay connected and healthy as people move through the various stages in life

3.    Residential Land Strategy Principles:

1. Ensure sufficient residential land for population growth

2. Increase diversity of housing

5. Protect and enhance local identity and sense of place

6. Promote efficient use and provision of infrastructure

7. Preserve agricultural land and areas of high environmental value

8. Build in hazard protection and climate resilience

 

     4. Rural Residential Strategy Principles:

2. Avoid and minimise potential for land use conflicts with productive, zoned agricultural land and natural resources

3. Avoid areas of high environmental, cultural and heritage significance, important agricultural land and areas affected by natural hazards

 

Environmental / Sustainability

There are no direct environmental sustainability implications of making a submission.

The Housing Strategy Discussion Paper identifies resilience of NSW housing stock, and in particular improved environmental performance, as a key theme for the Housing Strategy.

Economic

There are no direct economic implications of making a submission.

The Housing Strategy Discussion Paper recognises the importance of housing to the broader economic performance of the NSW economy.  Affordability of housing and security of employment are important issues to be addressed in the Housing Strategy.

Risk

The making of submissions on government policy is a core function of Council and does not introduce additional organisational risk.

The Housing Strategy seeks to address the risks of inadequate housing supply, diversity affordability and resilience across NSW. The Discussion Paper identifies some of the specific risks for regional areas including less secure employment and lower household income.

Social / Cultural

There are no direct social and cultural implications of making a submission.

The proposed Housing Strategy seeks to provide guidance for key stakeholders to deliver housing that meets the needs of local communities across the housing continuum from homelessness to home ownership.

Attachments

1.         Submission to NSW Housing Strategy Discussion Paper

 


Council

22 July 2020

Item 8.2 - Attachment 1

Submission to NSW Housing Strategy Discussion Paper

 

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Council 22 July 2020

Item 8.3

 

8.3Outcomes of Exhibition of Draft Climate Resilience Strategy       

This report provides a summary of the public exhibition process and seeks a resolution of Council to adopt the Bega Valley Shire Climate Resilience Strategy 2050.

Director Community Environment and Planning  

Officer’s Recommendation

1.    That Council resolves to adopt the Bega Valley Shire Climate Resilience Strategy 2050 (Attachment 1), with amendments to the exhibited draft document as outlined in this report.

2.    That Council officers advise those that made submissions during public exhibition of Council’s decision.

 

Executive Summary

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

Council resolved on 30 October 2019 to place the Draft Bega Valley Shire Climate Resilience Strategy 2050 (draft CRS) on public exhibition for not less than 42 days through November and December 2019. One hundred and twenty-nine responses were received during the public exhibition process. The feedback received was strongly supportive of the draft CRS and covered a wide range of issues. Following a detailed review of the submissions and survey results, a number of changes to the exhibited draft CRS are recommended. As none of the proposed changes substantially amend the intent or key directions of the exhibited draft CRS, it is recommended that Council resolve to adopt the CRS as amended (Attachment 1).

The CRS has been updated to recognise the experience of our community over recent months, battling drought, the Black Summer bushfires, the February floods that followed and a global pandemic that has fundamentally changed our way of life.  Many of the vulnerabilities identified in the CRS, such as the length of our bushland/ urban interface, our reliance on external food and commodities and the exposure of our aquaculture industry to water quality impacts, were exposed during these events.  Also revealed was the strength of our spirit, our ingenuity, and our sheer determination to do what was needed to keep our community safe.

Background

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

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

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

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

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

·    Protecting our natural systems

·    Prepared for natural hazards

·    Liveable and connected places

·    Safe, active and inclusive communities

·    Diverse and thriving economy

·    Energy security

·    Food security

Each Key Response Area is underpinned by performance measures and targets, which will allow us to measure the ongoing success of the CRS and identifies climate resilience actions to address high risk vulnerabilities and enhance individual sector resilience. In early 2020 Council’s prepared a climate adaptation risk assessment of Council’s operations. This risk assessment was funded by Council’s insurer, Statewide Mutual, and is an important supporting document to guide the implementation of several actions contained within the draft CRS. This risk assessment has been included as Appendix 5 of the CRS.

Options

The options available to Council are to:

1.    Adopt the CRS with the recommended amendments in this report (Attachment 1), This is the recommended option. The recommended amendments improve the exhibited draft CRS (Attachment 2).

2.    Adopt the draft CRS as exhibited (Attachment 2).

3.    Make further changes to either the CRS recommended for adoption (Attachment 1) or the exhibited draft CRS (Attachment 2), as identified by Council after consideration of this report and the summary of submissions provided in Attachments 3 and 4. 

Community Engagement

Consultation undertaken

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

Staff also sought input from NSW government agencies and industry representatives to understand their perspectives on climate change vulnerabilities and the strategies that they may have in place or are proposing to pursue. The views of community groups, such as Clean Energy for Eternity, were also considered in the development of the draft CRS.

Formal public exhibition of the draft CRS took place throughout November and December 2019. The draft CRS was promoted through Council News, Council’s website and on Council’s social media channel.

During and after the public exhibition process Council staff attended four community meeting events to discuss the draft CRS and collect direct feedback from meeting attendees.

Council received a total of 133 responses to the draft CRS, with 66 individual submissions, 63 survey respondents and four agency submissions (see Attachment 3).

There were 121 community submissions in support of the draft CRS and eight objections received through the survey process. Figure 1 provides a breakdown of the priority issues raised in the written community submissions.

A full summary of the 66 written community submissions and four agency submissions is provided in Attachment 4, detailing staff responses to issues raised in the individual submissions and suggested changes to the draft CRS.

Community feedback

The written and survey community feedback covered a wide a range of issues and provided valuable input into the fine tuning of the final CRS. Figure 1 illustrates the major issues raised through the exhibition process and the frequency these issues were mentioned in submissions.

Text Box:  Figure 1:  Breakdown of priority issues raised in community submissions

 

NSW government agency feedback

Written feedback was received from NSW Resilience, Essential Energy and the Department of Planning, Industry and Environment Responses (two submissions) (Attachment 4). This feedback was generally supportive, with suggestions for minor adjustments to wording, names of documents and agency names.  One of the submissions from the Department of Planning, Industry and Environment requires that Council replace the local climate projections that it previously provided with broader regional projections consistent with the South East and Tablelands Climate Snapshot.  Local Land Services has provided verbal advice that it is satisfied with the CRS.

Council has yet to receive submissions from some agencies; however, many of these have been central to the NSW Bushfire Response and Recovery and management of the COVID-19 emergency.   The CRS references existing agency documents and programs and appropriately identifies who would be the appropriate lead agency for various actions but does not compel those agencies to deliver specific actions.

Response to submissions and recommended changes to the exhibited draft CRS

In summary, the recommended changes to the draft CRS are:

·    Amend the text of the CRS to reflect the experience of our community over the last 6 months in enduring drought, bushfires, COVID-19 and economic downturn.

·    Additional text to reflect the importance of ensuring that not only do we build back better, but our systems, processes and the key interrelationships are reviewed improved and strengthened based on systemic failures exposed over the last 6 months.

·    Additional ‘whole of system’ vulnerability and related content in The Climate Resilience Strategy section to reflect feedback received from Council’s Climate Technical Panel on the importance the interrelationship of different vulnerabilities, the impacts of cascading vulnerabilities and consideration of the system as a whole, rather than the traditional sectoral approach to recovery and community resilience.

·    The climate projections have been amended to reflect the guidance provided by the Department of Planning, Industry and Environment, which has requested that Council use existing regional climate projections rather than the local projections exhibited in the draft CRS.

·    Adoption of a vulnerability framework throughout, rather than a mix of vulnerability and risk frameworks in the assessment of Shire-wide impacts.  The CRS applies a risk-based approach to organisational impacts (Appendix 5) and a vulnerability approach to the more complex and inter-related impacts of climate change across the Shire.

Specific responses to key issues raised in submissions are described below.

More urgent targets

•     Further research to be undertaken to develop quantifiable, science-based targets over the next 12 months.

•     2050 remains an appropriate horizon for achieving total cross sectoral resilience across the Shire.

•     2030 Renewable Energy target is included in the draft strategy and viewed as aspirational. This longer-term target does not remove the opportunity for shorter term focus on renewable energy expansion 

•     Further current trajectories of the transition to renewable energy in the transport sector will not see full transition by 2030.

 

No major changes recommended

Agriculture / Horticulture

The CRS provides support and encouragement for existing industries to become more resilient and for planning systems to be flexible to cater for new forms of agriculture / horticulture.

Recommended Changes

•     Review the approval of larger on farm dams Action A19.

•     Review Rural DA requirement for 90,000L tanks to greater capacity to cope with longer, more severe droughts. Action A18

•     Role of SCPA better recognised throughout strategy

•     Increased focused on Blue carbon opportunities Action F11

•     Management of lovegrass across the landscape due to its impact on productivity, natural systems and increase in bushfire hazard. Action N30

Forestry

Forestry remains an important part of our local economy. The Eden Regional Forestry Agreement, which has recently been renegotiated and extended to 2039, provides the framework for native timber harvesting in our Shire.

Changes

•     Action added for Forest Corp to investigate potential for non-harvest areas of State Forest to attract carbon credits.  Action F8.

•     Timber industry target amended to clarify increased value per unit of production.

•     Strategy supports the expansion of hardwood and softwood plantations on low value or unused rural lands.

Renewable Energy

Council’s key function is as an advocate for further assistance for rooftop solar and energy efficiency, equitable access to renewable energy to all sectors of our community and community owned solar given the strong community interest and local industry expertise. BVSC’s Clean Energy Plan encompassed many of the suggestions regarding BVSC operations

Changes

•     Amend Action E12 to support bulk buy programs.

•     Include action re: promotion of Shire as leader in Renewable Energy development. Action E17.

•     Action added to support off grid power supply for remote properties. Action E16.

Bushfire

The Bega Valley Bushfire Risk Plan provides the opportunity to reassess hazard management as improved science and historic observation is incorporated into future planning.

Recent bushfires will change community awareness and preparedness for bushfire hazard. Greater community connection and understanding of their local area and fire weather forecasts will aid people’s preparedness during fire season.

Changes

•     Changes have been made throughout document text to reflect recent summer bushfires.

•     Specific action in Catchments and Forests section regarding the management of lovegrass regarding bushfire hazard. Action N30.

•     Action added for BVSC to support the post bushfire redevelopment recovery. Action H19.

•     Amend action to support the development of village protection plans at appropriate locations throughout the Shire. Action H15.

 

Food Security

Strategy includes measures to enhance community-based food production and recognises the importance of reducing external market reliance. SCPA is great example of community developed, driven and supported resilience initiatives required to achieve resilience in the Shire.

Changes

•     Change made to add SPCA to responsible organisations in relation to food security and community engagement.

•     Action FO6 amended to seek provision of “seed” funding to lead organisations in different sectors like SCPA.

•     The re-establishment of a small species abattoir will need to be financially viable and self-sustaining.

 

Consultation planned

The implementation of the CRS will require ongoing consultation with our community, government agencies and industry. The public exhibition process confirmed the extent of knowledge and skills that exist within our community. Council will seek to utilise this experience, skills and enthusiasm to drive the implementation of the CRS.

Council consideration of input

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

A further Councillor workshop was held on Wednesday, 1 July 2020, to discuss the results of the exhibition process and seek input on additional changes that may be required.

Financial and resource considerations

The development and exhibition of the CRS has been undertaken with staff resources and involved minor expenditure. These costs were included in Council’s adopted budget for 2019‑20.

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

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

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

Legal /Policy

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

The CRS is consistent with international, national and NSW policy on climate change, and Council’s adopted policy position. 

Under the NSW Local Government Act 1993, Council has obligations to act on the base of the best information available and in the public interest.  Acting to address the impacts of climate change assists Council to meet those obligations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The CRS is directly aligned with the community vision articulated in the Bega Valley Shire Community Strategic Plan:

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

and contributes to all six outcomes:

1.    Active and healthy communities

2.    Employment and learning opportunities

3.    Sustainable living

4.    Liveable places

5.    Connected communities

6.    Strong, consultative leadership

Environmental / Sustainability

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

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

Economic

A key goal of enhancing the Shire’s climate resilience is to support the local economy and those dependent on it, but also to position the Shire to take advantage of any opportunities that may arise out of changes to our local climate, changes in technology, or changes in government policy.  The CRS seeks to support diversification of the local economy and sustainably increase the value of primary production and secondary industries within the Bega Valley Shire.

The CRS acknowledges a range of economic, social and environmental vulnerabilities that characterise the Bega Valley Shire and affect our capacity to respond to shocks and stresses. Unfortunately, the recent Black Summer bushfires and current COVID-19 pandemic have exposed many of these vulnerabilities and further focused the need to increase the resilience of the Bega Valley Shire as a whole.

 

The CRS suggests that taking a resilience approach to climate change adaptation and mitigation will increase the resilience of our Shire as a whole, as we are increasingly exposed to the impacts of more extreme weather events on our economy, society and environment. The Deputy Governor of the Reserve Bank of Australia, when speaking about climate change and the economy in 2019 stated that “Australia’s financial stability will be better served by an orderly transition rather than an abrupt disorderly one”. The CRS seeks to guide such an orderly transition for our Shire and its residents.

 

Concerns about costs of climate change adaptation and mitigation have been the subject of extensive global and Australian research effort for many years. This research clearly highlights the benefits of well-targeted investment in resilience actions to address climate change impacts, particularly in the natural disaster context, rather than costly and often unfunded response and recovery expenditure.  The Productivity Commission found that between 2008‑09 and 2012-13 Australia spent $11 billion on disaster response and recovery, while only $225 million was spent on disaster mitigation activities.

 

Research undertaken by the Global Commission on Adaptation (2019) finds that investing $1.8 trillion globally in “…early warning systems, climate-resilient infrastructure, improved dryland agriculture, mangrove protection, and investments in making water resources more resilient” from 2020 to 2030 could generate $7.1 trillion in total net benefits. It also found that Governments can expect to reap high rates of return on effective adaptation, with benefit-cost ratios ranging from 2:1 to 10:1, or even higher”.  This view is supported by the Asian Development Bank (2014), which is of the opinion that “despite the uncertainty about future climate conditions, climate proofing is economically justified’ and the Australian Business Roundtable for Disaster Resilience (2017), which concluded:

 

 that investment in disaster resilience – in both physical and community preparedness;

·    is essential to lessen the forecast increase in costs;

·    yields a double dividend namely;

1)    in the avoided impacts of disasters when they occur

2)    in the broader co-benefits that arise even in the absence of a disaster…such co- benefits support economic growth and social capital in Australian communities and are an important driver of regional investment”.

“The net benefits, and the case for investing in resilience, is greater when investments harness a double dividend or have multi-long-term benefits”.

 

Private and public sector companies are rapidly identifying climate risk as a key issue for business viability and an important aspect of corporate social responsibility. Minter Ellison has recently (February 2020) observed that while for some, this summer has been a turning point in understanding the financial impacts of climate change, leading market stakeholders have recognised that climate change poses financial risks to Australian businesses and the broader economy for some years now. With the building momentum towards zero emissions, climate change is a dominant trend creating risks and opportunities for businesses across all sectors of the economy and over mainstream investment horizons”.

It is important to note that the CRS does not and cannot compel any industry sector or member of our community to undertake or invest in proposed actions to improve climate resilience within Bega Valley Shire. Rather, it recommends a range of actions, programs and further research which are designed to strengthen our collective resilience, including the financial sustainability of our primary production, transport and tourism sectors.

 

The CRS provides 163 actions under seven key response areas aimed at addressing key vulnerabilities and providing a pathway to a more resilient Bega Valley Shire. It broadly identifies each action as being high, medium, low or nil cost. These costs are deliberately indicative as it is not practical to provide detailed costings at this stage. Technology, methodologies and policy settings may be different at the time actions are being scoped in detail, or they have intangible elements that are not easily quantified (e.g. ecosystem services, community wellbeing, fiscal stability).

 

The majority of actions in the CRS for Council and government agencies are identified in existing strategies and programs (as listed in CRS) and are subject to current and future resource constraints. Changes to policies, provision of information and support for community networks are seen as low-cost items. Where high cost actions are proposed for Council, these actions will be subject to detailed feasibility and design and included in Council’s Long Term Financial Plan.  These actions are primarily infrastructure projects.  Whole of life costing, taking into consideration the climate to which these assets will be exposed, is an important component of the design process.

 

External grant funds will continue to be important for the implementation, support or facilitation of many community-based programs, particularly in the areas of community services and health. The CRS provides strategic direction to align these grant applications with projects that reduce maintenance costs to Council, through improved resilience to climatic influences and reduced consumption costs.

 

Community participation in climate resilience actions will require volunteer support from Council and other agencies. Volunteer support is an existing function of Council and CRS support can be integrated within existing programs. 

 

Investment decisions by individual small businesses in the agricultural, service or tourism sectors in equipment upgrades, changes to business practices or energy supply remain the discretion of those operators. The CRS cannot compel any small business to make changes or investments that impact their financial viability. Rather the CRS looks to provide support through information, access to industry experts, promotion of grant opportunities etc, to allow local businesses to make informed decisions based on their own circumstances, strategic positioning and business planning.

 

The CRS is based on the established principle that making appropriate changes now to avoid or mitigate climate change impacts is more cost effective than paying to respond and recover from those impacts when they occur. Avoiding future disaster costs provides governments, and the communities they serve, with greater fiscal stability.

Risk

The CRS has identified 25 extreme vulnerabilities across the Shire and proposes actions to address these. Some of these actions address priority operational risks for Council such as natural hazard identification and management, at-risk infrastructure renewal and water supply management.

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

 

In early 2020 Council’s prepared a climate adaptation risk assessment that looked at Council’s operational risks. This risk assessment was funded by Council’s insurer, Statewide Mutual, and is an important supporting document to guide the implementation of several actions contained within the draft CRS. The risk assessment has been included in the CRS. This risk assessment (Appendix 5 of Attachment 1), which applies to Council operations, supersedes the previous document adopted by Council in 2010.

 

Council’s functional areas (Infrastructure and Assets, Environment Management and Protection, Community Services, Land Use Planning and Development, Emergency Management and Natural Disaster Preparedness, and Corporate Services) were assessed against six climate change impact scenarios (hot days, temperature, rainfall, wind, fire weather and sea level rise).  The assessment identified a total of 34 risks of which 22 were ranked high or very high (see Table 9 of Attachment 1).

Social / Cultural

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

Our resolve and resilience as a community have been tested over recent months. These difficult times have revealed our community’s capacity move forward together as part of the recovery process. The CRS will assist our community to rebuild and recreate their special places.

Attachments

1.         Bega Valley Shire Climate Resilience Strategy

2.         Draft Bega Valley Climate Resilience Strategy

3.         Summary of community feedback

4.         Response to issues raised in submissions

 


Council

22 July 2020

Item 8.3 - Attachment 1

Bega Valley Shire Climate Resilience Strategy

 

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Council

22 July 2020

Item 8.3 - Attachment 2

Draft Bega Valley Climate Resilience Strategy

 

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Council

22 July 2020

Item 8.3 - Attachment 3

Summary of community feedback

 

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Council

22 July 2020

Item 8.3 - Attachment 4

Response to issues raised in submissions

 

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Council

22 July 2020

 

 

Staff Reports – Community, Culture and Leisure

 

22 July 2020

  

9.1              Acceptance of Building Better Regions Grant and Local Roads and Community Infrastructure Program..................................................................................... 508


Council 22 July 2020

Item 9.1

 

mcm9.1.  Acceptance of Building Better Regions Grant and Local Roads and Community Infrastructure Program     

 

This report recommends that Council accept grant funding awarded by the Australian Government through the Building Better Regions Fund and Local Roads and Community Infrastructure Program and note Council’s application through the NSW Government’s Streets as Shared Spaces Fund.

General Manager  

Officer’s Recommendation

That Council:

1.    Accept grant funds of $2,470,363 awarded under the Building Better Regions Fund and $1,221,983 awarded under the Local Roads and Community Infrastructure Program

2.    Advocate to the NSW Government for funds to match the Bega Valley Regional Gallery Redevelopment component of the Building Better Regions Fund.

3.    Allocate Local Roads and Community Infrastructure Program funding to deliver Tathra Kiosk upgrade, Berrambool Footbridge upgrade and sealing of Plumb Motors car park.

4.    Note Council’s application for $1,000,000 under the Streets as Shared Spaces Fund for the Tathra Headland Activation Precinct project.

 

Executive Summary

Council has been awarded $2,470,363 under the Australian Government’s Building Better Regions Fund – Infrastructure Projects Stream – Round 4 – Drought Support to deliver upgrades to the Bega Valley Regional Art Gallery, Eden skatepark and Pambula squash courts. 

 

The Australian Government has also awarded Council $1,221,983 under the Local Roads and Community Infrastructure Program. It is proposed that these funds be allocated to Tathra Kiosk upgrade ($150,000), Berrambool Footbridge upgrade ($350,000) and Plumb Motors car park sealing ($721,983).

Council has also recently applied for the Tathra Headland Activation Precinct project through the NSW Government’s Streets as Shared Spaces Fund.

This report seeks approval from Council to accept the grants awarded and in-principle support to accept the Streets as Shared Spaces Fund application, if successful.

Background

The Building Better Regions Fund is an annual Australian Government competitive funding program with two streams; Community Investments and Infrastructure, where projects can seek up to 50% of their project cost and for the infrastructure stream applicants must supply a cost benefit analysis for their project to be eligible. In 2019, Round 4, both streams of the fund were restricted drought impacted regions only as part of the Australian Government’s drought support package. Along with this change the additional condition of investment ready projects only for the Infrastructure Projects Stream was placed, where construction was required to commence within 12 weeks of executing an agreement.

Council made an application on 19 December 2019 for 50% funding towards upgrades to the Bega Valley Regional Art Gallery, Eden skatepark and Pambula squash courts.  Council was advised of the success of that application on 5 June 2020. To execute the funding agreement for this project, the source of Council’s contribution is required to be confirmed for Council to sign the agreement and for the Australian Government department of Industry to execute the agreement. 

The Local Roads and Community Infrastructure Program is a non-competitive funding allocation. The $500 million program is designed to support local councils to deliver priority projects to support local economies to recover from the COVID-19 pandemic.  It can only be used to fund projects that are not identified in Council’s 2020-21 program and must be delivered within 12 months.

The Streets as Shared Spaces Fund focusses on making streets and public spaces safer and more attractive during COVID restrictions and into the future. The first round was open to councils to make applications by 10 June 2020.  Council officers have applied for $1,000,000 to fund upgrades of the Tathra Headland Activation Precinct. 

Options

Options available to Council are to:

1.    Accept the grants awarded under the Building Better Regions Fund and Local Roads and Community Infrastructure for the projects identified in this report and provide in-principle support to accept the Streets as Shared Spaces Fund, if successful. This is the recommended option.

2.    Not accept one or all of the grants covered by this report.

Community Engagement

Consultation undertaken

The projects identified in this report have been identified in Council’s Infrastructure Prospectus and Eden-Monaro advocacy plan. Advocacy for funding for these projects has been the subject of reports to Council and discussion with key stakeholders.

Consultation planned

Should Council adopt the recommendations of this report to accept the grants awarded, further consultation would take place with stakeholders.

Council consideration of input

Council has considered the projects outlined in this report on several occasions.  Council was briefed on the specifics addressed in this report on 2 July 2020.

Financial and resource considerations

Building Better Regions Fund provides 50% funding for the total cost estimate of $4,940,726.  The grant provides $2,470,364 towards the cost of the three projects as a whole.  The Eden Skatepark has also received $300,000 funding through the NSW Government Stronger Country Communities Fund Round 3 program, so the shortfall required to match the Building Better Regions Fund grant is $2,170,364. It is proposed that this shortfall be sought as a matching contribution from the NSW Government in the first instance, with Council to underwrite the shortfall with a commitment to fund the gap through loan funds.

The Local Roads and Communities Program is a non-competitive contribution of $1,221,983 towards local economic stimulus projects.  It is proposed to bring forward three community projects, with a total value of $1,221,983, into the 2020-21 capital works program. 

The Streets as Shared Spaces Fund application of $1,000,000 for the Tathra Headland Activation Precinct project does not require any matching Council contribution.

 

Funding source

 

Amount

Building Better Regions Fund Grant

$

2,470,364

Stronger Country Communities Round 3 Grant for Eden skatepark

$

300,000

20-21 Asset Capital

$

950,000

NSW Government Grant or Loan Funds

$

1,220,364

Local Roads and Communities Program Grant

$

1,221,983

Streets as Shared Spaces Fund (if successful)

$

1,000,000

 

Legal /Policy

The acceptance of grants is a regular activity of Council. Grant agreements are well understood. Conditions in the grant agreements are abided by project managers and all other staff and contractors involved in delivering the projects.  

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The grants recommended for acceptance are consistent with Council’s identified priorities, and deliver on the following Goals in the Community Strategic Plan:

Goal 1:          We are co-operative, caring and enjoy a culturally rich community life.

Goal 2:          We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care

Goal 10:       We have a network of good quality roads, foot paths and cycleways connecting communities throughout the Shire and beyond.

Environmental / Sustainability

The projects will be delivered in accordance with Council’s procurement and project delivery framework, which seek to maximise environmental benefits. 

Economic

The projects will deliver local economic stimulus which will contribute to economic recovery from recent bushfires and the COVID-19 pandemic.

The cost benefit analysis developed for Council’s Building Better Regions Fund application showed significant economic benefits to the Shire. Note this application was prepared in November 2019 and has not been adjusted post bushfire and COVID-19 impacts. Construction of the Pambula Squash Courts, Eden Skatepark and upgrade of the Bega Valley Regional Gallery is expected to support 27 jobs in Bega Valley LGA and generate $3.3 million to Gross Regional Product (GRP). The project is also expected to generate ongoing economic impacts through its operational expenditure and induced tourism impacts. Together, the projects will create a total (direct, indirect and induced) increase of 9 jobs and add $0.33 million to GRP per year.

Using a 7% discount rate over a 30-year evaluation period, the analysis concludes the projects will create crucial community assets and generate a net benefit to the community. With a Net Present Value (NPV) of $3.8 million and Benefit Cost Ratio (BCR) of 1.75:1, the combined projects represent a positive return on investment for the Bega Valley community.

Each individual project is estimated to have a different NPV and BCR dependent on their scope. The Gallery provides the largest NPV ($2.5 million), while the squash courts offer the highest BCR (2.2:1). The skatepark is estimated to also provide net positive benefits and incorporation of wider economic benefits would likely take these benefits much higher,

Council’s procurement practices, and the requirements of the grants, favour award of contracts to local suppliers, providing they are able to demonstrate value for money.

Risk

The acceptance of grants and subsequent delivery of capital works projects is standard business for Council.  Risks are managed in accordance Council’s project management framework and standard operating procedures, which require project risks to be identified, assessed and mitigated.

Social / Cultural

The projects identified for grant funding provide significant social benefit the Bega Valley Shire community.

Data from the cost benefit analysis developed for Council’s Building Better Regions Fund application showed the following construction of the Pambula squash courts, Eden skatepark and upgrade of the Bega Valley Regional Gallery the major benefits of the project (in present value terms over 30 years) include:

·    Community participation benefits (i.e. user benefits): An increase in the level of participation in cultural and recreational activities. This benefit is estimated at $3.8 million, around 42% of total benefits. This benefit is particularly important given the higher levels of disadvantage in the project areas

·    Increased visitor expenditure: An increase in economic activity in and around the projects through higher visitation levels and on-site spending, and potential for major and regional events that brings visitors into the region. This benefit is estimated at $3.6 million, around 39% of total benefits, and relates to induced tourism expenditure.

·    Additional economic activity: There is likely to be a direct uplift in economic activity related to new or increased revenue at the project sites. This benefit is estimated at $0.8 million.

·    Health benefits: Positive health impacts due to reduced likelihood of diseases (e.g. cardiovascular) related costs. This benefit is estimated at $0.6 million. This responds directly to the region’s poor performance against health indicators (e.g. obesity).

 

Attachments

Nil

  

 


Council

22 July 2020

 

 

Staff Reports – Economic Develoment and Business Growth

 

22 July 2020

  

10.1            Bega Valley Innovation Hub Update and Incubator Support Funding.............. 514


Council 22 July 2020

Item 10.1

 

10.1. Bega Valley Innovation Hub Update and Incubator Support Funding      

 

An update on the delivery of the Bega Valley Innovation Hub (BVIH) over the past two years and intent for Council to apply for further funding with project partners.

General Manager   

Officer’s Recommendation

1.   That Council note the outcomes of the Bega Valley Innovation Hub (BVIH) for the local business community over the past two years.

2.   That Council note and approve the intent to support a Council grant application to the Australian Government’s Incubator Support Program to continue the delivery of business innovation and growth programs in the Bega Valley Shire.

3.   That Council note the partnership and investment to date with the University of Wollongong and if successful in the grant application due to extenuating circumstances, Council enact Section 55 (3)(i) of the Local Government Act as a satisfactory result would not be achieved by inviting tenders.

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

Executive Summary

At its meeting on the 24 June 2020, Council requested further information relating to budget for the proposed application for funding for the Bega Valley Innovation Hub (BVIH). This report provides additional information for Council’s consideration. The Federal Government department have been advised of the delay in an application being provided and have requested that an application be received as soon as possible for consideration.

Bega Valley Shire Council in collaboration with the University of Wollongong (UoW) (Bega Campus), Bega Cheese and the Bega Chamber of Commerce has been a participant in the University of Wollongong’s iAccelerate Program through the BVIH. This program has delivered the iAccelerate Educate program successfully over the past 2 years and has also played a key role in pivoting support services to bushfire and COVID affected businesses in the Shire over the past six months. Further details of program outcomes and activities are provided in the attachments to this report.

The original program design required the delivery of a three-cohort program over an 18-month period and the Bega Valley is the only regional location of its size to have gained access to this program. Cohorts one and two were successfully delivered in Bega and Merimbula respectively. Due to the bushfires of 2020 and through a contract variation, the Phoenix program was developed. This allowed the BVIH to adjust and expand its programs towards supporting businesses survive and build new business skills and models for recovery. This extension support has also assisted business adapt to the impacts of COVID-19. The sessions delivered over the past six months ranged from cloud-based computing, business mental health, business planning, e-commerce and social media skills and ‘work from anywhere’ programs. The funding period for these programs finishes in July 2020.

The original project delivered enabled the Bega Valley to be the first regional incubator support of its kind and has also delivered:

·    Improved iAccelerate program methodology due to co-development between an urban and regional area through the local Program Manager participating in iAccelerate program development.

·    Development of a new bushfire recovery program ‘Phoenix’ which engaged and employed local facilitators and mentors, and which can now be used as a ramp in program for local businesses.

Pre-empting the wrap up of the Federal funding, Bega Valley Shire Council in collaboration with UoW (Bega) submitted an Expression of Interest (EoI) in May 2020 to the Australian Government to seek approval for a second application to the Incubator Support Program. This proposal suggests extending the partnership with UoW Bega and the iAccelerate program. Council was notified of a successful EoI on June 4th 2020 and encouraged to submit a full application as soon as practicable.

The proposed project application will extend these outcomes through:

·    A minimum of 36 businesses intensively supported to build their business and create local jobs.

·    Build local business networks locally, regionally, nationally and internationally through collaboration and mentor development. iAccelerate are connected globally to innovation programs and activities.

·    Hold regular meetups of participating businesses to build relationships and support business ideas and growth. Collaborative networking is seen as a key requirement for businesses to grow and adapt to market change and opportunities.

·    Deliver local events throughout the Shire for businesses to attend, learn from each other and build links to grow their business.

·    Maintain a profile for the Bega Valley for it to seen as a leader in innovation and help attract partnerships and funding.

·    Support existing cohort businesses on their business journey.

·    Deliver deeper engagement with the 120+ businesses that participated in the Phoenix program over February-June 2020.

·    Collaborate with youth and indigenous stakeholders.

·    Build relationships and networks that align emerging local businesses to our core sector strengths of:

Forestry

Agriculture including aquaculture

Tourism

Health and Aged Care

Emerging industries (e.g. IT)

Marine industries

Background

Council partnered with UoW (Bega Campus), Bega Cheese and the Bega Chamber of Commerce in 2017 with a Council commitment of $50,000 over two years (Council report 28 June 2017). This co-founded project period is now at an end but there is the opportunity to extend program delivery in the Shire through a further funding application and investment.

The intent of this report is to determine Council’s intent in securing this funding and identifying the resources required to deliver it. Prior to the full application proceeding, there is a need to continue to build other stakeholder participation in the project proposal in order for it to be successful. This includes further funding and in-kind support from other project partners.

Options

Council has the option of declining to proceed with an application and advising potential project partners. Other programs supporting small businesses recover and adapt would be investigated but may not leverage the same level of resourcing or build upon outcomes achieved.

Community Engagement

Consultation undertaken

Council officers have supported, guided and worked collaboratively with the BVIH program over the past two years. Through the BVIH there has been constant business community engagement including:

·    12 founding business members of the BVIH

·    2 Educate programs delivered

·    1 Phoenix program delivered

·    1 Youth Hack event delivered

·    2 Pitch Final events with over 170 attendees

·    Over 120+ businesses directly engaged in support related to:

Value proposition / test your business idea

Digital marketing

Work from Anywhere

Cloud computing

E-commerce platforms

Social media marketing and sales

Finance and cash flow

Facebook training (by Facebook)

·    Local skills and capacity development through procuring the services of local innovators and businesses to develop new course content specific to the needs of bushfire and COVID impacted businesses.

·    Investment by Eurobodalla Shire Council in additional Phoenix programs in 2020

An overview of the outcomes of the outcomes and deliverables of the Bega Valley Innovation Hub are included as attachments as well as further budget information.

Attachment 1: BVIH Overview Report June 2020

Attachment 2: BVIH Educate program Outcomes

Attachment 3: BVIH Phoenix Stabilise Report

Attachment 4: BVIH Proposed Draft Budget

 

Consultation Planned

Over the past two years feedback was sought from each session held to improve program design and delivery. This has ensured that the program adapts to regional requirements. Going forward, further consultation will be held over June-August to secure investment by other stakeholders. With any future program delivery engagement of the broader business community is key to longer term engagement and success. To this end events will be held to support networking and relationship building.

Financial and resource considerations

Council is requested at this time to provide a commitment of financial support contingent on the success of securing appropriate partner financial commitment (now achieved) and a successful application under the Incubator Support Program.

 

Funding source

 

Amount

BVSC Economic Development General Fund Budget (two years $30,000 per annum over 2021 and 2022)

$

60,000

Partner Contribution (Bega Cheese pledge two years $20,000 per annum 2021 and 2022)

$

40,000

Federal Government Incubator Support Program

$

$250,000

Business participation fees (projected)

$

25,000

 

Council staff have secured a pledge by Bega Cheese to provide $40,000 towards the application if it proceeds. The funding application also requires in-kind support of $38,000 over two years. It is proposed that this be shared between UoW (Bega) and BVSC staff and program partners which may contribute to the project (e.g. Bega Cheese). This is considered a standard amount of support to deliver a project of this type and scale.

If the application is not successful, then alternative small business support programs outside of the Incubator Support Program will be investigated including but not limited to other State or Federal funding programs which may emerge.

Legal /Policy

The intent is to extend the current collaboration with the UoW Bega to deliver the iAccelerate program over a two-year period. If successful, Council would partner with UoW (Bega) to deliver the program with Council closely involved in its delivery. Council would manage the reporting and relationship with the Australian Government.

While the scale of the project would usually require a tender, due to the collaborative effort to date over three years with the University of Wollongong, a government funded not for profit public university, it would be counterproductive to pursue a tender process at this time and would likely require other significant program partners to be engaged and developed. This process would take a significant amount of time and may not result in any material gain.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.

Delivery Plan / Operational Plan 2019/20 and draft 2020/21

Leverage economic growth from innovation programs, infrastructure and commercial investments in the region.

Environmental / Sustainability

Through the proposed extension of the BVIH participants will be delivered a module on the United Nations Sustainable Development Goals.

Economic

Council support for the continuation of the BVIH aligns with the Bega Valley Economic Development Strategy (EDS) 2016-2021 and the Regional Economic Development Strategy.  The five (5) focus areas of the EDS are Business Support; Infrastructure and Technology; Connections; Education and Skills; and Visitation.

The BVIH has provided a direct and positive impact on the local economy and can continue to help deliver business growth and development outcomes. Prior to Covid 19 the delivery of the program had supported the equivalent of 30 additional jobs across the region.

Risk

Council will be the lead applicant for the Incubator Support program and will manage engagement with UoW (Bega) through standard contracting arrangements.

The Incubator Support Program currently has funding available but this may be fully allocated in the near future and a full application is now required.

Social / Cultural

The BVIH has helped broaden and deepen the network of businesses engaging in new business ventures or pivoting to new opportunities. Many businesses that participated in the first two cohorts were social enterprises support a range of different health outcomes including seniors, youth and women.

Attachments

1.         BIVH Proposed Draft Budget

 


Council

22 July 2020

Item 10.1 - Attachment 1

BIVH Proposed Draft Budget

 

  

 


Council

22 July 2020

 

 

Staff Reports – Infrastructure Waste And Water

 

22 July 2020

  

11.1            Tathra Beach Kiosk............................................................................................ 522

11.2            Bega Valley Local Traffic Committee................................................................. 530


Council 22 July 2020

Item 11.1

 

11.1. Tathra Beach Kiosk     

Council approval is being sought to conduct a formal expression of interest process for the occupation of the Tathra Beach Kiosk building while Council officers simultaneously continue to source funding for the essential building repair works.Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), call for expressions of interest for the occupation of the Tathra Beach Kiosk building based on a financial return to Council and the results be presented back to Council for consideration.

Executive Summary

The Tathra Beach Kiosk building is now vacant, and Council has received significant public interest in the future of the kiosk building.  Council approval is being sought to commence a formal expression of interest process (EOI) to locate a tenant to occupy the building while Council officers simultaneously seek funding to enable the essential building repair works to take place.  

Background

Council resolved at its Ordinary Meeting of 8 April 2020, when considering its position on the future use of the Tathra Beach Kiosk building as follows:

1. That Council receive and note the report.

2. That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution.

3. That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works.

Following the Resolution of Council, officers progressed the termination of the lease with the tenants formally vacating the kiosk building on 1 June 2020.  Concurrently Council officers have been seeking quotations for the essential building repair works identified in the attached report of 8 April 2020 to enable applications to be submitted for external grant funding programs as they become available.

Since 1 June 2020 when the kiosk building has been vacant Council has received several enquiries about the ongoing future of the asset and a formal proposal to establish a vibrant licenced café/restaurant in the iconic kiosk building from a successful business operator.  The attached confidential proposal details the economic and community benefits of operating from the kiosk building including but not limited to employment opportunities, skills development across multiple hospitality areas, community gatherings and events and much more.

Given the significant public interest Council approval is being sought to conduct a formal EOI process calling for suitably qualified commercial entities, incorporated community organisations and interested parties to operate the kiosk building based on a financial return to Council.  Simultaneously, Council officers will continue to source grant funding for the essential building repair works to ensure the building works can be progressed at no expense to the successful lessee.  Noting the EOI will include the opportunity for applicants to suggest a contribution to the building repair works in lieu of rent for a period to enable their proposal to progress.

Furthermore, due to the short time frame between now and summer period Council has written to our local State member, the Hon. Andrew Constance seeking consideration for the provision of the much-needed funding to allow the essential building repair works to be progressed now in the hope that the kiosk building can operate this coming summer period.  The essential building repair works and an upgrade to the kitchen within the building have been estimated by qualified builders to be between $150,000 and $200,000.

The 2020-21 Crown Reserve Improvement Fund Program is now open with applications closing on 10 July 2020.  If our local State member is not able to assist with the required funding Council officers will be making an application through this program and Council’s Grants officer will continue to identify other funding options for the building works.

Options

The options available to Council are:

1.    Accept the recommendation provided by Council officers to conduct a formal EOI process for the occupation of the Tathra Beach Kiosk building and resolve accordingly.

2.    Decline to accept the recommendation provided by Council officers to conduct a formal EOI process for the occupation of the Tathra Beach Kiosk building and continue to source grant funding for the building repair works prior to locating a tenant.  Noting the significant community interest in the kiosk building and its future as well as the benefits of having the building occupied.

3.    Maintain vacant possession of the kiosk building and continue to pursue the New South Wales Government to take responsibility for the asset.  Noting until funding for the building repair works is sourced, the kiosk building will remain closed and unusable to the community.

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

Community Engagement

Consultation undertaken

A formal request for assistance has been sent to our local State member, the Hon. Andrew Constance seeking consideration for the provision of the much-needed funding to allow the essential building repair works to be progressed.

Council property officers have been liaising with qualified builders to source the necessary quotations to enable grant funding applications to be submitted through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding sources.

Council property officers have also been liaising with interested parties to advise of Council’s intention for the future of the kiosk building.

Consultation Planned

To maintain transparency and avoid any suggestion of impropriety, Council officers will run a public EOI process for the occupation of the kiosk building and report the results back to Council for consideration.

Council consideration of input

To ensure any future occupations of the kiosk building are appropriate, Council officers will consider:

•     Compliance with the legislation, related policies and guidelines;

•     Compatibility with the reserve purpose;

•     Native Title rights;

•     Aboriginal land claims.

Financial and resource considerations

As specified in the attached report of 8 April 2020 a market rental valuation report was obtained from Opteon Property Group on 4 May 2018 which outlined an annual rental achievable of $19,006 plus GST per annum as is or if there was no reduction in rent due to the commitment for building repair works the rental achievable would be $20,000 plus GST per annum.

Should Council obtaining funding and upgrade the kiosk building it is anticipated that a further market rental assessment will need to be commissioned to determine a rental figure prior to entering into any new tenure arrangement for the site.

Legal /Policy

The Tathra Beach Kiosk lease falls under the provisions of the Retail Leases Act 1994 (NSW). 

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

•     Invitations for EOI.

A lease enables exclusive use over a piece of land or building for a specified term and purpose.  A lease is considered the best form of agreement if longer-term security of tenure is an important factor to the user of the land – such as where commercial use is proposed, and major financial outlay is required.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

Tathra Beach is subject to coastal processes and hazards which may affect the kiosk building.  For this reason, any development of the kiosk building is restricted to the existing footprint only.

Risk

If a further public EOI process to locate a new tenant for the kiosk site is conducted any new tenancy will need to consider Native Title legislation.  Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding a proposed new lease as it may affect Native Title interests in the reserve.  When exercising powers provided by the transitional arrangements under the Crown Land Management Act 2016 (NSW), 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.         Council report dated 8 April 2020 - Termination of lease Tathra Beach Kiosk

2.            Proposal to operate Tathra Beach Kiosk (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.

 

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 and would also impact Council’s position in relation to its consideration. 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 private business information.

 

 

 


Council

22 July 2020

Item 11.1 - Attachment 1

Council report dated 8 April 2020 - Termination of lease Tathra Beach Kiosk

 

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Council 22 July 2020

Item 11.2

 

11.2. Bega Valley Local Traffic Committee     

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee.

Director Assets and Operations  

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee email dated 16 June 2020 to be tabled at the 22 July 2020 Council meeting.

2020 Commemoration march and service – Bega

A submission has been received from the RSL Bega for a Commemoration march from Church Street to the Memorial Bega.

Assemble 10.45am at Church Street Bega – At approx. 11.00am march down Carp Street to Bega Memorial, there will be a short service until 12.00 midday.

There will be approx. 100 people, 10 vehicles, 1 band and 4 horses.

It is Recommended:

1.    That the proposed traffic arrangements for the Bega RSL Sub Branch Commemoration march be approved and deemed a Class 2 Special Event.

2.    That sections of Council Roads at Church Street and Carp Street in Bega be temporarily closed on Sunday, 16 August 2020 for the Bega RSL Sub Branch Commemoration march, as per the Traffic Control Plans.

3.    Abide to COVID19 restrictions and rules at the time of the event.

4.    Approval subject to current Traffic Control Plan (TCP).

Tathra Mountain Bike Enduro 12 September 2020 (Cancelled)

It is recommended that Council note the 12 September 2020 Tathra Mountain Bike Enduro has been cancelled.

 

Executive Summary

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

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

Attachments

1.         Attatchment - Returned Services League Parade Bega - Application and Insurance

 


Council

22 July 2020

Item 11.2 - Attachment 1

Attatchment - Returned Services League Parade Bega - Application and Insurance

 

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Council

22 July 2020

 

Staff Reports –  Governance And Strategy

 

22 July 2020

  

12.1            Classification of land dedicated to Council....................................................... 548

12.2            Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2020-2021 including Annual Budget, Financial Strategy and Long Term Financial Plan.... 551

12.3            Delegations for the acceptance of Recovery, Resilience and Rebuilding tenders 812


Council 22 July 2020

Item 12.1

 

12.1. Classification of land dedicated to Council     

 

This report seeks approval to commence a public notification process to classify land dedicated to Council at 8 Wildewoods Court, Merimbula 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 121 DP 1252360 at 8 Wildewoods Court, 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 121 DP 1252360 at 8 Wildewoods Court, Merimbula as operational land.

Background

Lot 121 DP 1252360 at 8 Wildewoods Court, Merimbula was dedicated to Council, as a public reserve, as required under Development Consent 2008.764.  This land parcel was dedicated to Council for the purpose of providing a public legal connection from Wildwoods Court to the existing Council Reserve known as lot 86 in DP 234142 in the hope that one day there might be a walking path into town from this area of Merimbula.

Council officers have determined the parcel of Council owned land should be classified as operational land to allow flexibility if easements for services are required to be registered over the land in the future.  A notation will remain on the title indicating the land is public reserve.

In order to comply with the requirement that classification should occur within three months of acquisition under Section 31 of the LG Act, a Resolution of Council is now sought to classify the land recently dedicated to Council at Merimbula as operational land.

Options

The options available to Council are:

1.    Commence the public notification process to classify Lot 121 DP 1252360 at 8 Wildewoods Court, Merimbula as operational land, to allow for a range of future uses of this parcel; or

2.    Resolve not to commence the public notification process to classify Lot 121 DP 1252360 at 8 Wildewoods Court, Merimbula as operational land.  Any land parcels acquired that are not classified by a Resolution within 3 months, will at the end of the 3 months period be taken to have been classified under a Local Environmental Plan as community land.  If Lot 121 DP 1252360 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 121 DP 1252360 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

Nil

 


Council 22 July 2020

Item 12.2

 

12.2. Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2020-2021 including Annual Budget, Financial Strategy and Long Term Financial Plan     

 

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020 – 2021 including the Annual Budget along with the Draft Financial Strategy 2020-2021 and the Long Term Financial Plan 2020-2030 have been publicly exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

 

General Manager    

 

 

Officers Recommendation

1.      That Council adopt the Bega Valley Shire Delivery Program 2017 – 2021, Operational Plan 2020-2021 including the Annual Budget included at Attachment 2.

2.     That Council note the submissions received and the summary of submissions with Council Officer responses included at Attachment 1.

3.     That Council adopt the Long Term Financial Plan 2020-2030 included at Attachment 3 and the Financial Strategy 2020-2021 included at Attachment 4.

4.      That Council note the revised Delivery Program 2017-2021 and Operational Plan 2020-2021, the Long Term Financial Plan 2020-2030 and Financial Strategy 2020-2021 will be published on Council’s website by 24 July 2020.

5.     That Council formally acknowledge the ongoing financial contribution to the operations and capital projects of the Council and the significant current and proposed increase in support for the bushfire, flood and Covid-19 response and recovery provided by the Federal and State Governments

6.     That Council officers advise those that made submissions during public exhibition period of Council’s decision.

 

Executive Summary

Council has been provided with all submissions that were made concerning the Draft Revised Delivery Program 2017 – 2021 and Operational Plan 2020-2021 including the Annual Budget, the Draft Financial Strategy 2020-2021 and the Long Term Financial Plan 2020-2030. Four external submissions and one Councillor submission were received during the exhibition period. Several internal adjustments are also recommended. Copies of all submissions along with a summary of submissions and Council Officer responses are included in Attachment 1.

It is appropriate for Council to adopt in accordance with Sections 403, 404 and 405 of the Local Government Act 1993, the amended Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020-2021 and Budget for 2020-2021 along with the Financial Strategy 2020-2021 and the Long Term Financial Plan 2020-2030. Attachment 2 to this report is the Final Delivery Program 2017 – 2021 and Operational Plan 2020-2021 recommended for adoption at this Council meeting. Attachment 3 is the Long Term Financial Plan recommended for adoption and Attachment 4 is the Financial Strategy recommended for adoption.

 

Background

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council

had prepared a draft Operational Plan 2020 – 2021 including its Budget responding to the adopted Revised Delivery Program 2017-2021. Council had resolved on 20 May 2020 for its

IPR documents, excluding the Long Term Financial Plan, be placed on public exhibition for 28 days.

 

An additional Council meeting was held on 27 May 2020 and it was resolved at this meeting

that the Long Term Financial Plan (LTFP) be amended and placed on public exhibition as a

supporting document for the draft 2020-2021 Operational Plan and Budget. The requested

amendments to the Long Term Financial Plan (LTFP) resulted in material changes to the draft

Operational Plan 2020-2021 and Budget which meant that it was appropriate for the full suite of IPR documents to be amended. This was prepared by Council Officers and at the Council meeting on 10 June, Council resolved for these revised documents to be placed on exhibition for a renewed 28 day exhibition period from Wednesday 10 June 2020 to Wednesday 8 July 2020.

 

On 20 May 2020, Council resolved:

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 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 and to place the draft Long Term Financial Plan (LTFP)

on exhibition.

 

On 27 May 2020 Council resolved:

That the Long Term Financial Plan be placed on public exhibition as a supporting

document for the 2021 Operational Plan and Budget with the following amendment to

the draft:

a. On Page 12 Operating Revenue Rates and Charges: “That a Special Rate Variation

aimed at achieving the six pools strategy and support for protecting critical Council

assets be factored in from 2023 for consideration in the next LTFP to be considered post the 2021 election as a permanent increase in general rate income” and

b. On Page 16 Operational Expenditure Forecasts Other Expenses: include a statement “that Council commit to reviewing services and reducing duplication, reducing asset impacts by rationalisation, and reducing costs to operational expenditure to ensure that combined with a projected targeted SRV in the General Fund referred to on page 12 that from the 2023 financial year the projected operational deficit and cash position of the Council is significantly improved.”

c. That Council retain the rate peg increase over the water and sewer funds until a review of both funds is undertaken.

 

On 10 June 2020 Council resolved:

1. That updated versions of the draft revised Delivery Program 2017-2021 and

Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, draft

Financial Strategy and the draft Fees and Charges 2020-2021 along with the draft Long

Term Financial Plan, be placed on public exhibition for 28 days commencing 10 June

2020 with feedback on the documents to be considered at the Council meeting on 22 July 2020.

 

Revised Delivery Program 2017-2021 and Operational Plan 2020-2021

The Delivery Program 2017 – 2021 and Operational Plan 2020-2021 outlines what Council will do in the medium term to deliver services, projects, capital works and asset maintenance.

The Delivery Program 2017-2021 was originally adopted in June 2017 and has been revised since this time to reflect changes in our organisations structure, legislation changes, fire and flood recovery activities, an increase in external funding opportunities and COVID-19 impacts. The Office of Local Government issued a Circular on 1 May 2020 advising that with the delay to Local Government Elections each Council’s existing Delivery Program will apply for a further 12 months, maintaining the key themes and any activities not yet completed. This will mean the current Delivery Program 2017-2021 will also be used to guide the development of the Operational Plan for 2022.

The 2021 Operational Plan details what activities Council plans to achieve this financial year and which areas are responsible for achieving them. The Revised Delivery Program 2017-2021 and Operational Plan 2020-2021 once adopted, will then be published on Councils website by 24 July 2020.

External Submissions
Mr Geoff Steel and Mr Michael Britten provided submissions in relation to Councils financial position. The full submissions and Council Officer responses are included in Attachment 1.

Internal Adjustments
A range of internal adjustments to the Operational Plan are outlined in Attachment 1. The internal adjustments largely relate to the removal or adjustment of existing Operational Plan activities Council Officers have advised are not achievable given current context. Several new activities have also been included to better reflect work being undertaken along with reassigning activities to the appropriate officer or Service Area. These were unknown when the draft documents were prepared.

 

2021 Budget and Revenue Policy

With respect to the Annual Budget 2021, Council acknowledges the support of the Federal Government through the early payment of 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.

Since January 2020, Council has also received many funding streams to assist with Recovery, Rebuilding and Resilience following the devastating Black Summer Bushfires. The financial impacts because of multiple natural disasters and the COVID-19 Pandemic will be felt for several years to come.

Council has captured the known funding packages for an extensive range of recovery and rebuilding projects as well as capital works projects in the budget presented. Council will continue to acknowledge and report funding as it is received from State and Federal government and the associated expenses incurred by delivering these projects through our organisation’s operations.

 

External Submissions

Councillor Bain provided a submission which largely focussed on the 2021 Budget. The full submission and Council Officer responses to Councillor Bain’s submission is included in Attachment 1.

 

 

 

Internal Adjustments

Several internal adjustments to the budget are outlined in Attachment 1. These largely relate to successful grant application outcomes, reduction in operating income and expenses at Council pool facilities, reallocation of funding to future years in line with changes to Operational Plan activities and COVID-19 support from the State Government. The adjustments have been made to the budget in the Operational Plan recommended for adoption which is included at Attachment 2.

 

For further clarity Council Officers have also included in the Operational Plan recommended for adoption the Income Statement, Balance Sheet and Cash Flow Statement for the Consolidated Fund along with each individual fund- General Fund, Water Fund and Sewer Fund. This reporting is related to the management of cash reserves.

 

Revenue Policy

With respect to the Revenue Policy minor amendments were made to better reflect Councils resolution regarding interest on overdue general rates and charges. Formatting errors were also corrected in the Rating Model placed on exhibition and an adjustment to the estimated pension rebate for general rates was made. A separate report is provided to Council at this meeting regarding Making of Rates and Charges.

 

External Submissions

The Bermagui Motor Inn provided a submission in relation to sewerage charges. The full submission and Council Officer responses are included in Attachment 1.

 

Long Term Financial Plan 2020-2031

The Budget Income Statement on Page 7 and the income and expenditure pie charts on Page 8 have been amended to reflect the adjustments made to the budget as outlined above. For further clarity Council Officers have also included in the LTFP recommended for adoption the Income Statement, Balance Sheet and Cash Flow Statement for the Consolidated Fund along with each individual fund- General Fund, Water Fund and Sewer Fund.  The updated Long Term Financial Plan 2021-2031 recommended for adoption is included at Attachment 3.

It is noted that there has been significant capital grant income over the last two years and continuing into this financial year. This situation is unprecedented, with projections that it will not be sustained. What this means is that over the longer term, the peak injection of grant income is expected to return to more moderate levels in the 2024 financial year. From that year onwards, our forecasting will be based on operating and maintaining the $1b of assets now held because of the significant capital investment.

 

External Submissions
There were three external submissions related to the Long Term Financial Plan. Council Officers have provided responses to those submissions in Attachment 1.

 

Financial Strategy 2020-2021

There was one external submission related to the Draft Financial Strategy 2020-2021. Council Officers have provided a response to the submission in Attachment 1. No further amendments have been made to the Financial Strategy since public exhibition.  The Financial Strategy 2020-2021 recommended for adoption is included at Attachment 4.

 

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020 –

2021 including the Budget and Revenue Policy, the Draft Financial Strategy 2020-2021, the Long Term Financial Plan 2020-2030 along with the draft Fees and Charges 2020 –

2021 were placed on public exhibition from Wednesday 10 June to Wednesday 8 July 2020.

 

Given the limitations with COVID-19 and Council facilities being closed for a portion of the

exhibition period the primary point of access to view the documents was through Council’s

website. A number of social media posts on Council’s Facebook page were shared to

encourage the community to provide feedback. Information was also included in Council News produced during the exhibition period.

 

Public and Councillor Submissions

Four external submissions and one Councillor submission to the draft Integrated Planning and Reporting documents were received during the exhibition period. The submissions largely relate to Council’s financial position. One of the external submissions relates to sewer charges for non-residential customers.

Copies of all full submissions along with a summary of submissions and Council Officer responses are included in Attachment 1.

 

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.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

 

Attachments

1.         Attachment 1_ IPR Documents_ExhibitionFeedback_July2020

2.         Attachment 2_DP_OP 2020-2021_FORADOPTION

3.         Attachment 3_Draft LTFP_2020-30_FORADOPTION.pdf

4.         Attachment 4_Financial Strategy 2020-21_FORADOPTION.pdf

 


Council

22 July 2020

Item 12.2 - Attachment 1

Attachment 1_ IPR Documents_ExhibitionFeedback_July2020

 

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Council

22 July 2020

Item 12.2 - Attachment 2

Attachment 2_DP_OP 2020-2021_FORADOPTION

 

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Council

22 July 2020

Item 12.2 - Attachment 3

Attachment 3_Draft LTFP_2020-30_FORADOPTION.pdf

 

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Council

22 July 2020

Item 12.2 - Attachment 4

Attachment 4_Financial Strategy 2020-21_FORADOPTION.pdf

 

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Council 22 July 2020

Item 12.3

 

12.3. Delegations for the acceptance of Recovery, Resilience and Rebuilding tenders     

To expediate the immediate reconstruction program to be undertaken within the Recovery, Resilience and Rebuilding program in the wake of the devastating bushfires and floods throughout the Bega Valley over the 2019/20 summer, it is recommended that provisions of the Local Government Amendment (Governance and Planning) Bill 2016 are enacted for a specific period.

Project Lead - Recovery, Rebuilding and Resilience  

Officer’s Recommendation

1.    That Council note the report.

2.    That Council resolve to delegate to the General Manager authority to accept tenders for Recovery, Resilience and Rebuilding (RRR) related projects for the period the rebuilding works only.

3.    The Leadership Executive Group consider all tenders related to Recovery, Resilience and Rebuilding projects and minute the General Manager’s determination.

4.    All tenders approved under this delegation are reported to Council quarterly, in line with existing financial reporting requirements required, under Regulation 203(1) of the Local Government (General) Regulation 2005.

Executive SummaryThe Local Government Amendment (Governance and Planning) Bill 2016 along with changes to Section 377 of the Local Government Act 1993 (Act) regarding the general power of Council to delegate, has resulted in Council being able to delegate the acceptance of most types of tenders to the General Manager.

It is proposed that these provisions are enacted for the purposes of expediating the tendering process and letting of contracts for the Recovery, Resilience and Rebuilding program.

Background

The changes to the Act that were introduced through the Local Government Amendment (Governance and Planning) Bill 2016 have resulted in Council, by resolution, having the power to delegate to the general manager the acceptance of tenders, except for the acceptance of tenders to provide services currently provided by members of staff of the council.

Since the 2019/20 fire and flood events the Infrastructure & Services (I&S) Team has identified over 800 damages to Council and Crown Land assets, with further inspections to be carried out relating specifically to flood impacted areas.  It is expected that 200+ damages are identified during the remaining inspections, taking the total to over 1000 damages.

Under the NSW Disaster Recovery Funding Arrangements (DRFA), to date 104 damages have been identified as immediate reconstruction works which according to the directive from Resilience NSW has a delivery deadline of 30 November 2020.  The 104 damages have been aligned into 18 projects based on restoration type and location, with has an estimated total value of $6.4 million. While the scoping for these rebuild projects is not yet completed, early planning indicates that 8 are expected to be above the tender threshold, which may expose Council to the risk of not meeting delivery timelines.

To clarify how a damage is labelled immediate reconstruction works the following criteria is applied to each damage and if it meets one or more of the criteria it is allocated to the program:

1.   Restoration of the damage can be delivered by 30 November 2020

2.   Restoration of the damage is a permanent solution

3.   Restoration of the damage will reinstate property access for clean-up

4.   There is significant safety risk associated with not undertaking the work

5.   There is significant risk of further degradation to the infrastructure

The majority of immediate restoration works include bridge or culvert replacement, the construction of retaining structures and the replacement of destroyed stormwater infrastructure. 

Financial and resource considerations

Council exercising this delegation will result in increasing efficiency of the tendering process for the Recovery, Resilience and Rebuilding program, through considerable time savings, cost efficiency, reduction in the delay of successful tenderer(s) appointment and commencement of supply, services and/or works.

Legal /Policy

Local Government Act 1993

Local Government (General) Regulation 2005

Local Government Amendment (Governance and Planning) Bill 2016

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

The deadline for completing the immediate reconstruction works program is 30 November 2020 due to an extension of time granted by Resilience NSW. The safety, financial and reputational risks associated with not delivering the projects within this timeline is significant given the scale of work to undertake. Delegating authority to the General Manager to approve RRR projects will reduce delivery timelines for each project by up to one month.   

If the works are undertaken using the current tender process, without this resolution, Council is exposed to  the risk of the works not being able to be undertaken and funded and Council needing to allocate funding from other sources into the future. This is a are significant exposure.

Attachments

1.         ATTACHMENT Local Government Amendment (Governance and Planning) Bill 2016

 


Council

22 July 2020

Item 12.3 - Attachment 1

ATTACHMENT Local Government Amendment (Governance and Planning) Bill 2016

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

  

 


Council

22 July 2020

 

Staff Reports –  Finance

 

22 July 2020

 

13.1            Making of the Rates and Charges for 2020 - 2021............................................ 851

13.2            Adoption of Fees and Charges 2020-2021........................................................ 863

13.3            Certificate of Investment - May 2020............................................................... 967

13.4            Determination of the Local Government Remuneration Tribunal - 2021 Financial Year - Mayoral and Councillor Fees............................................................................. 971


Council 22 July 2020

Item 13.1

 

13.1. Making of the Rates and Charges for 2020 - 2021       

 

The Draft Revised Bega Valley Shire Delivery Program 2017-2021 and Operational

Plan 2020-2021 including the Revenue Policy outlining the annual rates and charges for

the 2020-2021 financial year have been publicly exhibited in accordance with the

legislative requirements of the Local Government Act 1993 and are recommended for

adoption.

 

 

Director Business & Governance  

 

 

Officers Recommendation

That the Revenue Policy be adopted in the Draft Operational Plan 2020/2021.

That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993,  

1. General Rates:

•     to make a Base rate of $518.50 on each rateable parcel of land and an ad-valorem rate of 0.003142282 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

•     to make a Base rate of $518.50   on each rateable parcel of land and an ad-valorem rate of 0.003142282 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

•     to make a Base rate of $518.50 on each rateable parcel of land and an ad-valorem rate of 0.006551461 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

•     to make a Base rate of$518.50 on each rateable parcel of land and an ad-valorem rate of 0.006551461 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

2. Stormwater Charge:

•     to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

3. Waste and Recycling Collection Charge:

•     in accordance with Section 496 and 501 of the Local Government Act 1993, that Council make waste management charges for 2020-2021:

 

Function

Note

Code

Description (All charges S496 unless noted)

Mandatory

Amount

Information

Waste Management

Section 501

Residential or MUD

Residential or MUD Waste Management

Residential

$265.86

Mandatory charge per residential, non-rural, assessment excl Vacant Land.

Rural

Rural Waste Management

Rural

$124.93

Mandatory charge per rural assessment excl vacant land and no other s501 charges are levied.

Commercial

Commercial Waste Management

Commercial

$285.13

Mandatory charge per Commercial, non-rural, assessment excl Vacant Land.

As noted

Waste Service Availability Charge

As Noted

$89.12

Mandatory charge per assessment for land where waste collection service is available and no other s501 charges are levied.

Landfill

Weekly

Residential or MUD

Residential or MUD Landfill 80L Weekly

 

$124.00

Weekly landfill bin collection services are only available subject to assessment of medical need.

Residential or MUD

Residential or MUD Landfill 140L Weekly

 

$166.05

Weekly landfill bin collection services are only available subject to assessment of medical need.

Residential or MUD

Residential or MUD Landfill 240L Weekly

 

$224.01

Weekly landfill bin collection services are only available subject to assessment of medical need.

Rural

Rural Landfill 80L Weekly

Rural

$171.96

Mandatory Minimum Rural.

Rural

Rural Landfill 140L Weekly

 

$223.10

Standard service offering unless smaller size requested.

Rural

Rural Landfill 140L Weekly (Bin Bank)

Bin Bank

$223.10

Mandatory Minimum Bin Bank.

Rural

Rural Landfill 240L Weekly

 

$282.77

 

Commercial

Commercial Landfill 240L Weekly

Commercial

$224.01

Mandatory Minimum Commercial.

Commercial

Commercial Landfill 660L Weekly

 

POA

 

Fortnightly

Residential or MUD

Residential or MUD Landfill 80L Fortnightly

Residential

$66.06

Mandatory Minimum Residential.

Residential or MUD

Residential or MUD Landfill 140L Fortnightly

 

$90.91

 

Residential or MUD

Residential or MUD Landfill 240L Fortnightly

 

$119.89

 

Recycling

Weekly

Commercial

Commercial Recycling 240L Weekly

Commercial

$102.35

Mandatory Minimum Commercial.

Commercial

Commercial Recycling 360L Weekly

 

$129.94

 

Commercial

Commercial Recycling 660L Weekly

 

POA

 

Fortnightly

Residential or MUD

Residential or MUD Recycling 80L Fortnightly

Residential

$44.39

Mandatory Minimum Residential.

Residential or MUD

Residential or MUD Recycling 240L Fortnightly

 

$51.17

Standard service offering unless smaller size requested.

Residential or MUD

Residential or MUD Recycling 360L Fortnightly

 

$70.26

 

Rural

Rural Recycling 240L Fortnightly

Rural

$100.07

Mandatory Minimum Rural.

Rural

Rural Recycling 240L Fortnightly (Bin Bank)

Bin Bank

$100.07

Mandatory Minimum Bin Bank.

Rural

Rural Recycling 360L Fortnightly

 

$119.16

 

Food Organics, Garden Organics

Weekly

Residential or MUD

Residential or MUD FOGO 80L Weekly

Residential

$87.30

Mandatory Minimum Residential.

Residential or MUD

Residential or MUD FOGO 240L Weekly

 

$93.10

Standard service offering unless smaller size requested.

Rural

Rural FOGO 240L Weekly

 

$111.29

Rural compost service is optional and only supplied where available (where truck already passes collection point).

Commercial

Commercial FOGO 140L Weekly

 

$76.65

 

Commercial

Commercial FOGO 240L Weekly

 

$90.65

 

 

4.Water supply services:

•     Make an Annual Charge for Water Usage and Water Availability, in accordance with Section 501 and Section 502, comprising a Water Usage Charge of $3.10 per kilolitre for all water supplied by Council within or outside of its area based on water meter size:

Particulars

Volume factor

Access charge

Charge per Kl

20mm Water Connection

1

$245.73

$3.10

25mm Water Connection

1.56

$383.31

$3.10

32mm Water Connection

2.56

$629.04

$3.10

40mm Water Connection

4

$982.81

$3.10

50mm Water Connection

6.25

$1,535.72

$3.10

65mm Water Connection

10.56

$2,594.75

$3.10

80mm Water Connection

16

$3,931.43

$3.10

100mm Water Connection

25

$6,142.76

$3.10

150mm Water Connection

56.25

$13,821.25

$3.10

200mm Water Connection

100

$24,571.16

$3.10

Strata Title Units (per unit)

1

$245.73

$3.10

Unconnected properties which are able to connect (i.e. vacant land)

1

$245.73

$3.10

 

•     To make an Access Charge of $245.73 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council.

•     That subject to a medical certificate from the Southern NSW Local Health District, Council provide fifty-three (53) kilolitres per patient per quarter in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at $3.10.

5. Sewerage local fund:

Pursuant to Section 501 of the LG Act Council hereby resolves:

•     to make a flat sewerage service charge of $1,245.97 for all residential and farmland properties except as outlined below, connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act;

•     to make a flat sewerage service charge of $1,245.97 for each residential strata lot connected to the Council's sewerage service network and categorised as residential in accordance with Section 516 of the LG Act and;

•     to make a flat sewerage service charge of $1,245.97 for each residential dwelling on a multi-dwelling lot connected to the Council's sewerage service network categorised as residential in accordance with Section 516 of the LG Act and;

•     to make a flat sewerage service charge $622.99 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

•     to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $4.50 per kilolitre and;

•     to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the combination of a flat charge of $1,245.97  multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below and;

•     to make a flat sewerage service charge $622.99 for all properties categorised as business or mining in accordance with Sections 517 and 518 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

•     Council notes that the discharge bands have been determined by the NSW Office of Water in its Best Practice Guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

Discharger

BVSC proposed

B and B

75

Bakery

95

Boarding House or Hostel

90

Butcher

95

Café/Bistro/Cakes/Patisserie

95

Car Detailing

95

Car Wash - hand wash only

75

Car Wash (robo, clean and go, gerni type)

95

Caravan Park

75

Charcoal Chicken

95

Chicken/Poultry Shop

95

Churches

95

Club (e.g. bowling, golf, racing)

50

Club (e.g. RSL, Surf Club)

95

Commercial Swimming Pool

85

Community Properties (halls)

95

Community Properties (reserves, sporting facilities, etc.)

10

Concrete Batching Plant

10

Craft/Stonemason

95

Day Care Centre’s / Pre-schools

95

Delicatessen, mixed business

95

Dental Surgery

95

Depot (bus, courier, truck, taxi, fuel)

95

Factory/Industry/Warehouse

95

Food Processing

90

Fresh Fish Shop

95

Funeral parlour

95

General Retail / Services

95

Government Department

95

Hairdresser / Beauty Salon

95

Hospital

95

Hotel

100

Joinery

95

Laundry

95

Marina

90

Mechanical Workshop

95

Mechanical Workshop w/ Car Yard

85

Medical Practice (incl. physio, herbal medicine, etc.)

95

Motel

90

Multi-premise Commercial (strata plan, dual occupancy)

95

Nursery

70

Nursing Home

90

Office Building

95

Optical Service

95

Panel Beating/Spray Painting

95

Printer

95

Radiator Repairer

90

Restaurant (including cafes, canteens, bistros)

95

Schools (Primary)

95

Schools (Secondary)

95

Schools (TAFE, University, etc.)

95

Seafood Processing

90

Self-Storage

90

Service Station

90

Shopping Centre

85

Supermarket

95

Take Away Food

95

Veterinary Practice, Kennels or Animal wash

80

Wreckers

90

 

Volume Factor – Sewer         

VOLUME FACTORS

Meter size

Factor

Availability charge per year

20mm

1.00

$1,245.97

25mm

1.56

$1943.72

32mm

2.56

$3189.69

40mm

4.00

$4,983.90

50mm

6.25

$7,787.34

65mm

10.56

$13,157.49

80mm

16.00

$19,935.59

100mm

25.00

$31,149.36

150mm

56.25

$70,086.06

200mm

100.00

$124,597.44

 

Liquid Trade Waste

Pursuant to Section 501 of the LG Act Council hereby resolves:

•     To make a Liquid Trade Waste usage charge of one dollar ($1.39) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

Band

LTW Discharge factor

1

0%

2

0%

3

10%

4

20%

5

30%

6

50%

7

60%

8

80%

9

90%

2S

N/A

 

6. High Consumption Charge:

Pursuant to Section 64 of the LG Act Council hereby resolves:

•     to make a high consumption charge (non-residential) that applies to eligible non-residential properties.

Eligible non-residential properties have an option of maintaining their existing Equivalent Tenement (ET) entitlement and paying the High Consumption Charges in lieu of paying Section 64 Developer Contributions. The non-residential High Consumption Charge is calculated annually by amortizing the Section 64 Developer Charges for water and sewer (presently $9,149 and $12,808 per ET respectively) over 30 years with a discount rate equal to the 30 year Treasury bond rate (currently 3% variable) and then divided by 205kL/y for water and 190kL/y for sewer. The figure of 205kL/y is the average annual water consumption per household (1 ET), and the 190kL/y is the average annual contribution to the sewerage system per household (1 ET).

High Consumption Charges non-residential

Charge per ($/kL)

High Consumption (water) Charge

$2.23

High Consumption (sewer) Charge

$3.38

 

7. Pension Claim:

In accordance with Section 575 of the LG Act, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

8. Interest on Overdue Rates and Charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2020 to 30 June 2021 be calculated at 0% per annum.

 

Executive Summary

The Operational Plan 2020-2021 included Council’s annual Revenue Policy for 2020-2021

which includes details of proposed rates and charges for that financial year.

Council has been provided with all written submissions that were made concerning the

Operational Plan 2020-2021 including the Revenue Policy 2020-2021. Copies of all submissions

and a detailed summary of submissions and comments are included as an attachment to another report provided to Council at this 22 July meeting- Adoption of Revised Delivery Program 2017-2021 and Operational Plan 2020-2021 including Annual Budget. One external submission was received regarding the Revenue Policy.

Background

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council

had prepared a draft Operational Plan 2020 – 2021 including its Revenue Policy responding to

the adopted Revised Delivery Program 2017-2021. Council had resolved on 20 May 2020 for its

IPR documents, excluding the Long Term Financial Plan, be placed on public exhibition for 28

days.

 

An additional Council meeting was held on 27 May 2020 and it was resolved at this meeting

that the Long Term Financial Plan (LTFP) be amended and placed on public exhibition as a

supporting document for the draft 2020-2021 Operational Plan and Budget. The requested

amendments to the Long Term Financial Plan (LTFP) resulted in material changes to the draft Operational Plan 2020-2021 and Budget, that were at the time on exhibition that had

commenced on 20 May 2020. A full suite of amended IPR documents was then compiled by

staff and at the Council meeting on 10 June 2020 Council resolved for these revised documents to be placed on exhibition for a renewed 28 day exhibition period from Wednesday 10 June 2020 to Wednesday 8 July 2020.

 

On 20 May 2020, Council resolved:

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 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 and to place the draft Long Term Financial Plan (LTFP)

on exhibition.

 

On 27 May 2020 Council resolved:

 

That the Long Term Financial Plan be placed on public exhibition as a supporting

document for the 2021 Operational Plan and Budget with the following amendment to

the draft:

a. On Page 12 Operating Revenue Rates and Charges: “That a Special Rate Variation

50 aimed at achieving the six pools strategy and support for protecting critical Council

assets be factored in from 2023 for consideration in the next LTFP to be considered post

the 2021 election as a permanent increase in general rate income” and

b. On Page 16 Operational Expenditure Forecasts Other Expenses: include a statement

“that Council commit to reviewing services and reducing duplication, reducing asset

impacts by rationalisation, and reducing costs to operational expenditure to ensure

that combined with a projected targeted SRV in the General Fund referred to on page

Page 12 that from the 2023 financial year the projected operational deficit and cash position of the Council is significantly improved.”

c. That Council retain the rate peg increase over the water and sewer funds until a review

of both funds is undertaken.

 

On 10 June 2020 Council resolved:

1. That updated versions of the draft revised Delivery Program 2017-2021 and

Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, draft

Financial Strategy and the draft Fees and Charges 2020-2021 along with the draft Long

Term Financial Plan, be placed on public exhibition for 28 days commencing 10 June

2020 with feedback on the documents to be considered at the Council meeting on 22 July 2020.

Revenue Policy 2020 – 2021

In conjunction with the adoption of the Operational Plan for the 2020-2021 financial year,

Council is required to ‘make’ the Rates and Charges proposed in the Revenue Policy. The

Revenue Policy contains estimates of income and expenditure, rates, pricing methodology and borrowings for the 2020-2021 financial year.

 

There was one external submission directly related to sewer charges for non-residential customers.

 

Submission

Staff Recommendation

Bermagui Motor Inn- Sewerage charges for non-residential customers do not reflect the guidelines that they claim to follow.

Staff have reviewed the NSW Government’s Best Practice Management of Water Supply and Sewerage Guidelines 2007 and the sewerage charges for non-residential customers in the Draft 2020-2021 Operational Plan and have concluded that our method of charging non-residential sewer is in fact in line with the recommendations of the guidelines and no further action is required.

 

Rates

The annual Ordinary Rates are per the Local Government Cost Index of 2.60%.

 

During the exhibition period staff made minor formatting amendments to the Revenue Policy

to provide greater clarity. Below is the Rating Model 2020-2021 that was exhibited in the Revenue Policy. Note that rate yield percentages in the last column will be switched to reflect the rate yield amount. Residential to be 83.3% and Farmland to be 7.3%

 

Considering the above recommended adjustment and in accordance with Sections 493, 494

and 537 of the Local Government Act 1993, it is recommended Council makes the following

ordinary rates for 2020-2021:

 

Interest Charges on Overdue Rates and Charges

The NSW Office of Local Government issued a Circular to Councils No 20-19 on 26 May 2020.

The Circular determined, in accordance with section 566 of the Local Government Act 1993,

the maximum rate of interest payable on overdue rates and charges for the period 1 July 2020

to 31 December 2020 (inclusive) will be 0.0% and the maximum rate of interest payable on

overdue rates and charges for the period 1 January 2021 to 30 June 2021 (inclusive) will be

7.0% per annum. Council considered the issue of Interest on overdue rates and charges at its 29 April 2020 Council meeting.

 

On 29 April 2020, Council resolved (Resolution 85/20- Item 3):

3. That for the period April 2020 to June 2021 Council resolves to:

a) suspend new debt recovery actions for outstanding accounts where financial hardship is evident;

b) support ratepayers to establish payment plans; and

c) remove account keeping fees, interest on overdue amounts, late and reminder fees.

 

For the period April 2020 to 30 June 2021 interest on overdue amounts, late and reminder fees will be calculated at 0% per annum.

 

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020 –

2021 including the Budget and Revenue Policy along with the draft Fees and Charges 2020 –

2021 were placed on public exhibition from Wednesday 10 June to Wednesday 8 July 2020.

 

Given the limitations with COVID-19 and Council facilities being closed for a portion of the

exhibition period the primary point of access to view the documents was through Council’s

website. A number of social media posts on Council’s Facebook page were shared to

encourage the community to provide feedback. Information was also included in Council News produced during the exhibition period.

Legal /Policy

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the IPR framework for a period of 28 days and consider submissions made to the Operational Plan prior to adoption.

 

Attachments

Nil

 


Council 22 July 2020

Item 13.2

 

13.2. Adoption of Fees and Charges 2020-2021     

 

The draft 2020-2021 Fees and Charges have been publicly exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

 

Finance Manager  

 

 

Officers Recommendation

1. That Council make each fee and charge for 2020-2021 in accordance with the exhibited Draft Fees and Charges subject to the changes outlined in Attachment 1 to this report.

2. That the 2020-2021 Fees and Charges once adopted immediately come into effect commencing 22 July 2020.

 

Executive Summary

In accordance with Section 608 of the Local Government Act 1993, Council is required to adopt the Fees and Changes for 2021 which would normally operate from 1 July 2020. In April 2020 amendments were made to the Local Government Act 1993 that provided a one-month extension to adopt the required Integrated Planning and Reporting documents in 2020 due to COVID-19 impacts. The 2020 Fees and Charges have remained in use since 1 July 2020 and once adopted the 2021 Fees and Charges will apply.

There were four (4) external submissions relating to the exhibited Fees and Charges 2020 – 2021. There were no Councillor submissions. Staff recommendations in response to each external submission, is summarised in Attachment 1. Several internal amendments to the draft Fees and Charges are also proposed due to service funding obligations, resourcing, legislation amendments or there being further clarification required.  A summary of these internal amendments, including a rationale for each amendment, is also included in Attachment 1. Attachment 2 is the revised Fees and Charges document for 2020/2021 recommended for adoption incorporating the amendments outlined in Attachment 1.

Background

At its meeting on Wednesday 10th June 2020, Council resolved to place the Draft Revised Delivery Program 2017 – 2021 and Operational Plan 2020-2021, along with the Draft 2020-2021 Fees and Charges on public exhibition for 28 days in accordance with Section 404 and 405 of the Local Government Act 1993. The exhibition period covered the period from Wednesday 10 June 2020 to Wednesday 8 July 2020.

On 10 June 2020, Council resolved:

1. That updated versions of the draft revised Delivery Program 2017-2021 and Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, draft Financial Strategy and the draft Fees and Charges 2020-2021 along with the draft Long Term Financial Plan, be placed on public exhibition for 28 days commencing 10 June 2020 with feedback on the documents to be considered at the Council meeting on 22 July 2020.

The draft 2020-2021 Fees and Charges had previously been placed on public exhibition in December 2019 connected to the Special Rate Variation application process and again on 20 May 2020 when the Integrated Planning and Reporting suite of documents were first placed on exhibition and subsequently revised. Following Council’s resolution, the exhibition period re-commenced 10 June 2020.

 

Fees and Charges 2020-2021

Council determines fees and charges for a range of services such as: planning and building; library; children’s services; and facility usage. The fees and charges proposed for these services and facilities for the 2020-2021 year are detailed in the draft Fees and Charges document, and are aligned to Council’s pricing policy, some of which are set by statute.

 

Community Engagement

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2020 – 2021 including the Budget and Revenue Policy along with the draft Fees and Charges 2020 – 2021 were placed on public exhibition from Wednesday 10 June to Wednesday 8 July 2020.

Given the limitations with Covid-19 and Council facilities being closed for a portion of the exhibition period the primary point of access to view the documents was through Council’s website. A number of social media posts on Council’s Facebook page were shared to encourage the community to provide feedback. Information was also included in Council News produced during the exhibition period.

 

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 Operational Plan prior to adoption.

 

Attachments

1.         Attachment 1_Draft Fees and Charges_ SubmissionsSummary_July2020.pdf

2.         Attachment 2_Fees and Charges 20-21 For adoption v15-7-2020.pdf

 


Council

22 July 2020

Item 13.2 - Attachment 1

Attachment 1_Draft Fees and Charges_ SubmissionsSummary_July2020.pdf

 

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Council

22 July 2020

Item 13.2 - Attachment 2

Attachment 2_Fees and Charges 20-21 For adoption v15-7-2020.pdf

 

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Council 22 July 2020

Item 13.3

 

13.3. Certificate of Investment - May 2020     

This report details Council’s Investments at the end of May 2020.

 

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 May 2020.

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

Executive Summary

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

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

Background

Under the Legislation and Regulations mentioned below, the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal Policy and external Regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, the monthly Investments Reports are attached to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $86,651,110 at 31 May 2020. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000

Fund

March 2020

April 2020

May 2020

General Fund

15,026

9,755

19,175

Water Fund

23,151

23,794

24,189

Sewer Fund

41,841

40,905

43,287

TOTAL

80,018

74,454

86,651

 

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

As at 31 May 2020, BVSC’s available cash balance was $3,692,495 and the investment balance was $86,651,110. The investments are broken up as follows:

·     TCorpIM Cash Fund - $38,327,629

·     TCorpIM Strategic Cash Fund – $48,323,481

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

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Environmental / Sustainability

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

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

 

Attachments

1.         Certificate of Investment TCorp Cash Fund May 2020

2.         Certificate of Investment TCorp Strategic Cash Fund May 2020

 


Council

22 July 2020

Item 13.3 - Attachment 1

Certificate of Investment TCorp Cash Fund May 2020

 

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Council

22 July 2020

Item 13.3 - Attachment 2

Certificate of Investment TCorp Strategic Cash Fund May 2020

 

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Council 22 July 2020

Item 13.4

 

13.4. Determination of the Local Government Remuneration Tribunal - 2021 Financial Year - Mayoral and Councillor Fees     

 

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2021 Financial Year.

 

Director Business & Governance  

 

 

Officers Recommendation

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2020 to 30 June 2021 will be $20,280

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2020 to 30 June 2021 will be $44,250

 

Executive Summary

Council requires a Resolution to set the Councillor and Mayoral fees for the 2020/21 Financial Year (FY).

Background

Each year the Local Government Remuneration Tribunal determines the range of fees payable to Councillors and Mayors in New South Wales. Included in the Determination is the minimum and maximum fees payable for each category of council.

The Local Government Remuneration Tribunal (the Tribunal) has determined that there will be no increase in mayoral and councillor fees for the 2020/21 financial year.

Classification Changes

There have been changes made to the categories for groups of Councils.

·    Metropolitan group - retain the existing categories and amended population criteria applicable to Metropolitan Large and Metropolitan Medium

·    Non-Metropolitan:

create two new categories - Major Strategic Area and Regional Centre

rename one category - Regional City to Major Regional City

revise the criteria for some of the existing categories to account for the new categories

The categories are now as follows:

Metropolitan

Non-Metropolitan

Principal CBD

Major Regional City

Major CBD

Major Strategic Area

Metropolitan Large

Regional Strategic Area

Metropolitan Medium

Regional Centre

Metropolitan Small

Regional Rural

 

Rural

Each council is allocated into one of these categories based on criteria identified by the Tribunal in Appendix 1 of its determination. (See Attachment 2)

For the purpose of determining remuneration, Bega Valley Shire Council is classified as a Regional Rural Council.

The amount payable to each Councillor (including the Mayor) proposed for Councillor fees in the 2021 FY is $20,280 with an additional amount of $44,250 payable to the Mayor.

Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Procedure 6.02.4 Payment of expenses and provision of facilities for Councillors. These reimbursements are in addition to the annual fees outlined in this report.

Councillor fees are payable monthly, in arrears, and funding to meet these payments are provided for in the draft 2021 Budget.

For the 2021 FY, the Tribunal has set the minimum and maximum remuneration amounts for a Regional Rural classification outlined in the table below:

Fees for General Purpose and County Councils

 

Financial and resource considerations

It is noted that Council has not adopted the last two years’ increases and the current 2020/21 draft budget included the assumption that this practice would be continued. therefore, the full amount for the maximum annual fee results in a total cost to Council of $226,770 for 2021 FY and will not result in a change in the draft budget.

Funding source

 

Amount

2020/21 Operating Budget

$

226,770

Legal

The Tribunal is required to determine the remuneration categories of councils and mayoral offices at least once every 3 years under section 239 of the Local Government Act 1993 (the Act). The Tribunal last undertook a significant review of the categories in 2017 and has undertaken a review as part of its 2020 determination.

Sections 248 and 249 of the Act require councils to fix and pay an annual fee based on the Tribunal’s determination for the 2020/21 financial year.

It is noted that the 2020 Determination also included a decision on the application for Bega Valley to be categorised as a Regional Centre. The 2020 decision of the Tribunal is that Bega Valley will remain in the Regional Rural category (refer to item 57 of the report).

 

Options

While there is to be no increase in fees paid for the 2021 financial year, mayors and councillors in some councils may receive an increase as a result of a change to their council’s categorisation as the level of fees paid depend on the category the council is in.

A council cannot fix a fee higher than the maximum amount determined by the Tribunal.

If a council does not fix a fee, the council must pay the minimum fee determined by the Tribunal.

For the 2021/22 period Council will determine the fees at that time for the incoming Council, this will be an item in the budget developed for that period.

 

Attachments

1.         OLG Circular 20-23 - 2020.2021 Determination of the Local Government Remuneration Tribunal

2.         2020 Local Government Remuneration Tribunal Determination

 


Council

22 July 2020

Item 13.4 - Attachment 1

OLG Circular 20-23 - 2020.2021 Determination of the Local Government Remuneration Tribunal

 

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Council

22 July 2020

Item 13.4 - Attachment 2

2020 Local Government Remuneration Tribunal Determination

 

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Council

22 July 2020

 

 

Councillor Reports

 

22 July 2020

 

14.1            CRJO Board meeting 30 June 2020................................................................. 1001


Council 22 July 2020

Item 14.1

 

14.1. CRJO Board meeting 30 June 2020     

An Extraordinary Board Meeting of the Canberra Region Joint Organisation was held on 30 June 2020.

Cr Tapscott  

Board Meeting Outcomes

The Canberra Region Joint Organisation (CRJO) met via Zoom on 30 June 2020. This was an Extraordinary meeting to elect the Chairperson and Deputy Chairperson for the 2020-2022 term and to confirm the appointment of the CRJO’s new Executive Officer.

Cr Rowena Abbey, Mayor Yass, was elected Chairperson unopposed. Cr James Hayes, Mayor Snowy Valleys and Cr Liz Innes, Mayor Eurobodalla contested the Deputy Chairperson role. Cr Hayes was elected.

The recruitment panel for the appointment of the Executive Officer comprised Mayor Abbey, Mayor Overall (Queanbeyan Palerang), Mayor Hayes and Mr Warwick Bennett, Chair of the General Manager Advisory Group. Ms Kalina Koloff was recommended as the preferred candidate and it was resolved, unanimously, to appoint Ms Koloff on a five-year Standard Office of Local Government Contract of Employment for General Managers.

The Board also resolved to enter into a one-year contract with a one year option for renewal with Cusack Connections to undertake project work at a cost of $40,000 plus GST per annum for 35 hours per month. This is now not going to proceed as Ms Cusack has taken other work.

 

Attachments

Nil

  


Council

22 July 2020

 

 

Notices of Motion

 

22 July 2020

 

16.1            Protection of endangered shorebirds............................................................. 1003

16.2            Support for Regional Media and the ABC....................................................... 1004

16.3            DA ANWE......................................................................................................... 1006


Council 22 July 2020

Item 16.1

 

16.1. Cr Jo Dodds - Protection of endangered shorebirds        

 

Notice of Motion

That Council:

1.    Engage with the NSW National Parks and Wildlife Service to identify options to further protect endangered migratory shorebirds within Bega Valley Shire, including amendments to Council’s adopted Companion Animals Control Areas Procedure.

2.    Request that staff bring back to Council a report recommending actions to address threats to these species, including an amended Draft Companion Animals Control Areas Procedure for public exhibition.

 

Background

The NSW Nationals Parks and Wildlife Service has recently brought to Council’s attention the potential unforeseen implications of its adopted Companion Animals Control Areas Procedure on the breeding success of endangered migratory shorebirds in the Shire.

In particular, within Bega Valley Shire there are:

-      16 breeding pairs of the Pied Oystercatcher, of 200 breeding pairs in NSW

-      16 breeding pairs of the Hooded Plover, from a NSW population of 60 pairs

-      One breeding colony of the Little Tern, with 15 colonies elsewhere in NSW

NPWS advises that dogs in the vicinity of shorebird nesting sites, whether they be on or off lead, lead to lower breeding success for these endangered species.  

Council has obligations under the NSW Biodiversity Conservation Act 2016 to protect these endangered species and should be doing all within its control to prevent their extinction.

Cr Jo Dodds

 

Attachments

Nil

 


Council 22 July 2020

Item 16.2

 

16.2. Cr Cathy Griff - Support for Regional Media and the ABC        

 

Notice of Motion

That Council:

1.    Note the important role regional media plays in covering our local stories. This includes          coverage of council matters, local courts, health, education, planning matters, local sport,     arts and culture is crucial to keeping our citizens connected and engaged. Regional media               plays a crucial role in keeping citizens engaged in local affairs and connected to their communities.

 2.   Note that across Australia this has resulted in the closure of over 150 local newspapers.

  3.  Express strong support for the importance of a strong and sustainable regional media to         ensure regional stories continue to be told and regional communities continue to have    media outlets that value local stories and provide the important role of promoting               community cohesion and an informed community.

 4.   Support the development of a properly funded regional media strategy by the Federal             Government that builds on the work already undertaken by the ACCC and is designed to    deliver a sustainable model for regional public interest journalism into the future.

 5.   Write to the Federal Minister for Communications, Paul Fletcher, urging the Minister to commence work on the development of a regional media policy to be delivered by the end of 2020.

6.    That Council formally support the ABC and question the recent cuts to funding to the               service.

7.    Write to the Hon Minister Paul Fletcher seeking reinstatement, in the 2020   budget, of the    783 million dollars which has been progressively cut from the ABC budget since 1996.

 

Background

The ABC’s National Five Year Plan reveals major cuts to offset $84 million shortfall as a result of successive budget cuts. There has been extreme dismay and outrage expressed by listeners to the proposed cutting of the signature 7.45am news bulletin. However, the ABC is operating with such a minimal budget leaving little able to be further cut, so more multiple uses of digital national content. Redundancies offered throughout the organisation will no doubt be taken up by some rural staff and not replaced. 

Bega Valley Shire audiences have expressed strong attachment to the ABC for multiple reasons. The Natural Disaster Royal Commission and NSW Bushfire Inquiry revealed dependence on local ABC radio for trusted, reassuring, shared stories, often in the absence of access to any other news. Local podcast series ‘Voices from the Embers’ highlighted the vital regional role of ABC in and out of emergencies.

There is a precedent for this motion when BVSC wrote in support of ABC music programming, especially due to the number of local musicians who found a platform for their talents via ABC radio. 

Attachments

Nil

 


Council 22 July 2020

Item 16.3

 

16.3. Cr Cathy Griff - DA ANWE        

 

Notice of Motion

That the decision on the ANWE Eden Chipmill Development Application DA No 2020.81   comes to Councillors for decision.

 

 

Background

DA No 2020.81 is for the erection of sheds to house a sawmill, pallet plant and briquette plant at the ANWE site on the southern side of Twofold Bay. This DA is being assessed by DPIE and the time frame is 2-4 weeks before the assessment will be provided to Council. There have been multiple concerns raised by community members in relation to this Development Application. The concerns relate to planning matters including potential pollution, and height of the stacks. Due to its sensitive nature it is appropriate for Councillors to formally consider the matter. A further reason for requesting the DA to be debated by Council is that the NSW Department of Planning’s report has yet to be received. Analysis of this report is required to resolve community concerns and questions.

Cr Cathy Griff

 

Attachments

Nil

   


Council

22 July 2020

 

 

Questions with Notice

 

22 July 2020

 

17.1            Merimbula Top Lake Boardwalk - Renewal.................................................... 1008

17.2            Skate Park Association Projects...................................................................... 1009

17.3            Speed Limits on Mt Darragh Road.................................................................. 1011


Council 22 July 2020

Item 17.1

 

17.1. Merimbula Top Lake Boardwalk - Renewal     

Question with NoticeCouncillor Nadin asked what the process would be to renew the Merimbula Top Lake boardwalk in terms of design and engineering, DA approval (considering it is an existing asset), community consultation, likely costs, grant funding opportunities, potential for staged development (to address urgent parts of the boardwalk) and potential to include the renewal or part-renewal in the 2021 operational plan?

 

Director Assets and Operations  

Staff Response

When was it built?

It was a project of the Commonwealth Department Employment Training and Education done in stages from mid to late 1990s

What are the likely costs to replace it?

$2.9m had originally been estimated to renew the existing boardwalk. (note this is in the Building Beyond Bushfire brochure), although more recent tenders for similar projects indicate this could be up to $3.5m dependent on final details and scope.

What money has been put aside in the asset management plan towards this?

Council has been aware of the need to renew the Merimbula Boardwalk for several years.

It has been included in Council’s infrastructure prospectus and continues to be included in major project priorities.

It is a major project in a sensitive area. Requirements for planning and approvals need much greater attention now than when it was first built.

A grant funding application for planning work was submitted in 2019, however that was unsuccessful.

There are funds identified in the Draft 20/21 budget ($70k) to progress with planning

There is a project in the Draft 20/21 Ops plan Project 1.2.4.5 Investigate funding options for the Merimbula Boardwalk renewal project.

Attachments

Nil

 


Council 22 July 2020

Item 17.2

 

17.2. Skate Park Association Projects     

Question with NoticeCouncillor Nadin asked could staff update the Council regarding the process and funding surrounding the Skate Park Association projects in Eden and Merimbula.

Director Assets and Operations  

Staff Response

Eden Skatepark

·      BVSC have received notification the application for the Stronger Country Communities Fund Round 3 Eden Skatepark Project has been successful - $300k to be provided by the NSW Government. with a BVSC contribution of $334,140.

·      A preliminary draft concept design was developed which helped inform and support this SCCF R3 submission.

·      Council staff sought further funding under the Federal Government Building Better Regions Program for the Eden skatepark and connecting pathways again utilising the preliminary draft concept plan. (Total Project $750k. Fed Grant $375k + BVSC $375k. The intention is that the SCCR3 funding will contribute toward the BVSC project contribution. Initial notification 05/06/2020 this had been successful. Awaiting details and funding deed.  

·      Once there is signed funding deeds, Council officers will engage a suitably qualified landscape architect to develop a concept then detailed design in conjunction with the recently formed Eden Skatepark Committee.

Merimbula Skatepark

·      Council's Community Development team is currently assisting the Recreation and Natural Assets team to develop an engagement strategy regarding a preferred location of the skatepark renewal / replacement project for Merimbula. The engagement will also collect information on the type of skatepark and what ability levels people are interested in it catering for. We are expecting community engagement on the location to get underway in the next 4 – 6 weeks.

·      The community had formed a working group including representatives from multiple community organisations. Meetings have been held and work has been done on establishing ‘what makes a good skatepark site’ criteria and site assessments. The Sapphire Coast Skatepark Association provided a report on the assessment process and outcomes. Three sites were considered in that report being Ford Park, Berrambool Sportsground (current skatepark location) and Spencer Park. These sites will form the basis of a "Have your Say" consultation. It is intended to also gather other information and feedback on skatepark facility ‘type’, and ability levels / ages to develop project designs for.

·      Part of the community engagement model will be to develop a Community Advisory Group (CAG); whereby a core group of people representing key community groups are asked to assist with input and provide feedback. (this is a similar approach to that used for the All-inclusive playspace in Bermagui (Apex Park).  

·      It should be noted it is likely there will be differing opinions within the community on the pros and cons of each site for the skatepark renewal / replacement project for Merimbula. The intention of the community engagement is to give people the opportunity to review information on skatepark siting and make their submission on what they believe will be the best location for the project.

·      The results of the community engagement will be reported to Council for consideration and to resolve on a location best suited for the project.  

·      Once a location is resolved by Council a preliminary draft concept design for a Merimbula Skatepark will be developed to support future funding applications (as had been the process that has worked successfully for Eden). Detailed design will progress once funding is sourced, and a project budget is confirmed.

Attachments

Nil

 


Council 22 July 2020

Item 17.3

 

17.3. Speed Limits on Mt Darragh Road     

Question with NoticeCouncillor Nadin asked about the recent speed limits being changed on Mt Darragh Road and Council’s involvement in the changes (if any) as well as what consultation occurred with the public.

Director Assets and Operations  

Staff Response

Transport for NSW are the only authority within NSW who look after speed zones and subsequent reviews. If a review determines a speed zone reduction is required, they undertake all consultation with the community. Staff are aware this was undertaken by them, sometime previous.

This process has been ongoing for almost two years and communications should be directed to Transport for NSW.

The below process was followed:

·    Transport for NSW (Transport) has carried out an assessment of the speed zone on Mount Darragh Road from the township of Bombala to South Pambula. The review provides recommendations to retain and reduce the speed of certain sections of the road. The assessment was carried out following safety concerns raised by the community and Bega Valley Shire Council. It considered various factors including road function, roadside environment and crash history.

·    During the five-year period 2013-2017 there were 37 crashes recorded as occurring on Mount Darragh Road between Princes Highway, South Pambula and Prior Street, Cathcart. These crashes resulted in four people being killed and 29 people being injured, including 11 people seriously injured.

·    Four crashes, resulting in one person being killed and two people being injured, have been recorded in 2018 (preliminary data) at the same location. One fatality has been recorded to date in 2019.

·    In addition, most of the length of Mount Darragh Road has no edge lines or shoulders. There are roadside hazards within the clear zone such as steep embankments, trees, culverts and large rocks.

Further Explanation

·    Mount Darragh Road is a local road under the care and control of Bega Valley Shire Council.

·    The application of speed zoning on the road network is a clear technical process using the NSW Speed Zoning Guidelines and as such, Transport generally does not consult with the community as part of the speed zone review process.

·    As part of the speed zone review process Transport consults with local council, NSW Police and local members prior to implementing decisions on changes to speed zones.

·    However, following interest from the community, Transport provided local media outlets with southernprojects@rms.nsw.gov.au as a contact point to provide feedback for the speed limit on Mount Darragh Road.

A recommendation in accordance with NSW Speed Zoning Guidelines has been made in the speed zone review to reduce the speed along the following lengths:

1.    Reduce 100km/h to 80km/h from South Pambula to Chalk Hills Road (7km length)

2.    Reduce 100km/h to 60km/h from Chalk Hills Road to 4km west of Chalk Hills Road (3.8km length)

3.    Reduce 100km/h to 80km/h between 4km west of Chalk Hills Road to 320m east of Clarke Street, Wyndham (10.7km length)

4.    Reduce 100km/h to 80km/h from West Street to 1.5km west of New Buildings Road, Wyndham (3.1km length)

5.    Reduce 100km/h to 60km/h from 1.5km west of New Buildings Road to 900m west of Stoves Road, Mount Darragh (20km length)

6.    Reduce 100km/h to 60km/h from 1.5km west of New Buildings Road to 900m west of Stoves Road, Mount Darragh (20km length)

The speed zones along the following lengths are recommended to be retained:

·      the 100km/h zone from 900m west of Stoves Road to 350m east of Prior Street (10.3km length)

·      the 60km/h zone through the township of Cathcart (850m length)

the 100km/h zone from 70m west of Blair Street to 950m east of Jonas Street (13.9km length)

Attachments

Nil